§ 13-12-147

Hazardous vacant buildings – Mandatory incarceration authorized when

a.

In addition to any other penalty or fine provided for in this code, the owner of any vacant and open buildings, any uncompleted abandoned building, any vacant boarded-up building, or any otherwise enclosed vacant building shall be punished by a term of incarceration of not less than 30 days nor more than 6 months if:

1.

the building:  (i) is in violation of Section 13-12-135(d); or (ii) has a violation of any fire, electrical, or building provision of this code, which is imminently dangerous and hazardous; and

2.

as a result of any condition which arose because of the violation, a person suffers a severe injury or death.

b.

For purposes of this section the following definitions apply:

1.

Vacantshall have the same meaning ascribed to that term in Section 13-12-125.

2.

“Open” means a building that has any door, window or wall missing, unsecured, or has any other opening allowing entry by a human being.

3.

“Severe injury” means any physical injury that results in loss of soft tissue; a broken bone; hospital admittance; impairment of any bodily function; or disfiguring laceration.

(Added Coun. J. 2-9-11, p. 112125, § 1; Amend Coun. J. 6-27-12, p. 30534, § 1)

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