Unsafe buildings: notice, repair, and enforcement

115.1 General. Buildings or structures which are structurally unsafe, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, as specified in this code or any other provision in title 16 , Maui County Code, for the purpose of this section, are unsafe buildings. All such unsafe buildings or structures are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, removal, or other methods approved by the building official in accordance with the procedure specified in this section. 115.2 Notice to owner. The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this section, the building official shall give to any owner or tenant of such building or structure written notice stating the defects thereof. This notice may require the owner, tenant or person in charge of the building or premises, within 48 hours, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within 90 days from date of notice, unless otherwise required by the building official. If necessary, such notice also shall require the building, structure or portion thereof to be vacated immediately and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the building official. Proper service of such notice shall be by personal service, registered mail or certified mail upon any owner of record, or by posting of such notice on a conspicuous location on the property. If such notice is by registered mail or certified mail, the designated period within which the owner or person in charge is required to comply with the order of the building official shall begin as of the date of mailing. 115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. 115.3 Posting of signs. The building official shall post at each entrance to buildings ordered vacated or at other visible locations on the property if access to the building is a hardship, a notice to read: "DO NOT ENTER. UNSAFE TO OCCUPY." Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the building official, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. In the event of a major natural disaster, the building official may post "Restricted Use" or "Unsafe" placards at each entrance to a building or on the property if an inspection warrants such posting. Entry or occupancy in a building or portion of a building posted with a "Restricted Use" placard shall be limited to the restrictions stated on the placard. No entry is permitted in a building or portion of a building posted "Unsafe." Placards shall not be removed or altered unless authorized by the building official. 115.4 Action of noncompliance. In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the building official may initiate enforcement proceedings against the owner or violator. Nothing contained herein shall be construed to limit or restrict the building official from instituting, on behalf of the county, any other legal or equitable proceedings, in addition to those specified herein, to obtain compliance with the notice to repair, rehabilitate or to demolish and remove the building or structure or portion thereof, and to recover the cost of such work from the owner or attach alien to the property. ( Ord. No. 5507 , § 2, 2023)