Loading...
The following standards are applicable to all dwelling units located within the City.
(a) Structural Soundness and Maintenance of Dwellings. Every foundation, exterior wall, and roof of every dwelling shall be so maintained and be kept in good repair and in safe condition so as to be fit for human habitation and so as to not adversely affect the neighborhood in which they are located. Further, there must be compliance with requirements of the official Zoning Code, Building Code, Fire Code and health ordinances applicable to the dwelling and its intended or present use. Where these codes require the provision of a particular facility or equipment, or where they set a structural or installation standard, such related parts of every dwelling shall be maintained to the minimum standard provided for in the applicable section of this code or to the minimum standard provided for in the above codes, whichever is higher. Good repair, maintenance and safe condition shall include, but is not limited to, the following:
(1) Foundations. Foundations shall support the building at all points and nothing shall exist to lessen the capability of the foundation to support the building.
(2) Exterior walls and surfaces. Exterior walls and other exterior surface materials shall be free of holes, cracks, loose or rotting boards and timbers.
(3) Windows. Windows shall be fully supplied with window glass or an approved substitute which is glazed and is without open cracks or holes, shall have sashes in good condition which fit within frames, and maintained so as to exclude adverse weather elements from entering the structure.
(4) Exterior doors. Exterior doors, including cellar hatchways and the like, shall be maintained so as to be structurally sound, fit within frames so as to be weatherproof, windproof, and waterproof and be provided with door hinges and door latches which are in good working condition.
(5) Roof. Roof members, covering and flashing shall be structurally sound and right so as to prevent the entrance of moisture and be maintained by renewal, repair, waterproofing or other suitable means. Roof drainage shall be adequate to prevent rain water from being discharged in a manner that creates a public nuisance or adversely affect adjacent properties.
(6) Gutters. Rain gutters, downspouts, leaders or other means of water diversion shall be provided to collect, conduct and discharge all water from the roof and maintained so as not to adversely affect adjacent properties.
(7) Chimneys. Chimneys shall be free of major cracks, holes or missing portions and maintained in structurally safe condition.
(8) Porch. Every porch shall be so maintained so as to be free of missing, defective, rotting or deteriorated foundations, supports, floors, other members, and steps thereto, so as to be safe to use and kept in good repair.
(9) Structural member. Any exterior structural member which has become deteriorated or damaged to the extent that it does not serve the purpose as originally intended shall be renewed, restored, repaired, or replaced as is necessary to serve the purpose as originally intended.
(10) Exterior surfaces. Except for materials that have been designed or manufactured to remain untreated, all exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or covering.
(11) Decorative features. All cornices, entablatures, bell courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(b) Other Exterior Property and Structure Exteriors. The exterior of all other buildings and structures on the premises shall be properly maintained to avoid hazardous conditions.
(1) Maintenance. The exterior of all other buildings and structures on the premises, including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, signs, windows, doors, awnings, and all surfaces thereof, shall be maintained so as to avoid any hazardous condition(s).
(2) Fences and walls. All fences or similar structures shall always be in the state of good structural repair. If any fences, retaining wall, or similar structure is found not to be in the state of good structural repair, it shall be removed, replaced, or repaired as required. Except when constructed of materials that have been designed or manufactured to remain untreated, all fences shall be treated periodically with paint or chemicals so as to retard deterioration.
(3) Hazards. Hazards and unsanitary conditions shall be eliminated.
(4) Storage. Outside storage is permitted only in accordance with Chapter 1280 of or other applicable sections of this Code.
(5) Drainage swales. Swales are to be maintained by the owners of the parcels on which they are located, and at no time will anyone plant shrubs and/or trees, or discharge, empty, or place any material, fill or waste into any swale so as to divert or impede drainage flow. Small swales can be mowed as part of the yard. Larger swales in meadow situations should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving understory growth to retard runoff and prevent erosion.
(6) Junk, inoperable or unlicensed vehicle. No junk, inoperable, or unlicensed vehicle shall be located on any residential property, except when stored within a completely enclosed building as set forth in Section 660.07.
(7) Exterior lighting fixtures. Exterior lighting fixtures over steps, paths, walkways, courts and drives shall be neatly maintained.
(8) Lighting. Outside lighting shall be placed on the property so as not to create a nuisance to adjacent property(s).
(c) Exterior Stairways. All exterior stairways on all residential premises shall be in accordance with the following provisions:
(1) Stairways shall be maintained free of holes, grooves, and cracks which constitute a safety hazard;
(2) Stairways shall be maintained free of rotted or deteriorated supports;
(3) Stairways shall have treads of uniform width and risers of uniform height; and
(4) Stairway handrails and/or railings shall be firmly fastened and maintained in good condition. Where the absence of handrails and/or railings create a hazardous condition, the designated official may require their installation in accordance with the provisions of the Building Code.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) Unsafe Structures; General. When a structure is found by the code official to be unsafe, or when a dwelling is found unfit for human occupancy, or if found unlawful, such structure shall be condemned pursuant to the provision of this chapter. This code section does not supersede the authority granted to the Fire Chief as outlined in Chapter 1484.
(1) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
A. Dwelling unfit for human occupancy. A dwelling is unfit for human occupancy whenever the designated official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
B. Unlawful structure or dwelling. An unlawful structure or dwelling is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
(2) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the designated official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the designated official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal source.
(3) Notice. Whenever the designated official has condemned a structure under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure. Notice shall be in the form prescribed in Section 1484.05.
(4) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the designated official shall post on the premises a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises or removing the placard.
(5) Prohibited occupancy. Any person who shall occupy a placarded premises and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this chapter.
(6) Removal of placard. The designated official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the designated official shall be subject to the penalties provided by this chapter.
(b) Demolition; General. The designated official shall order the owner of any premises upon which is located any structure, which in the designated official’s judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(1) Notices and orders. All notices and orders shall comply with the provisions of this chapter.
(2) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the designated official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(3) Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangements aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) No person shall violate any provision or fail to conform to any of the requirements of this Exterior Property Maintenance Code or fail to comply with any order made thereunder.
(b) On a first offense, whoever violates any section of this chapter for which a penalty is not specifically prescribed shall be guilty of a minor misdemeanor.
(c) On a second or subsequent offense, whoever violates any section of this chapter for which a penalty is not specifically prescribed shall be guilty of a misdemeanor of the fourth degree.
(1) One hundred and fifty dollars ($150.00) for the first offense;
(2) Two hundred and fifty dollars ($250.00) for the second offense; and
(3) Five hundred dollars ($500.00) for the third offense within a one-year period. Subsequent offenses shall be referred directly to the Law Director for legal action.
(f) The application of the penalties provided for in this Section 1484.99 shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)