(A) Generally. Provisions of the current International Property Maintenance Code adopted by reference herein. The city hereby adopts, enacts and incorporates by reference, as if fully set forth herein, in their entirety, sections:
108 | Unsafe Structures and Equipment |
201 | General |
202 | General Definitions |
301 | General |
302 | Exterior Property Areas |
303 | Swimming Pools, Spas and Hot Tubs |
304 | Exterior Structure |
305 | Interior Structure |
306 | Handrails and Guardrails |
308 | Extermination |
401 | General |
402 | Light |
403 | Ventilation |
404 | Occupancy limitations |
501 | General |
502 | Required Facilities |
503 | Toilet Rooms |
504 | Plumbing Systems and Fixtures |
505 | Water System |
506 | Sanitary Drainage System |
507 | Storm Drainage |
601 | General |
602 | Heating Facilities |
603 | Mechanical Equipment |
604 | Electrical Facilities |
605 | Electrical Equipment |
606 | Elevators, Escalators and Dumbwaiters |
607 | Duct Systems |
701 | General |
702 | Means of Egress |
703 | Fire-Resistance Ratings |
704 | Fire Protection Systems |
of the "2006 International Property Maintenance Code" as published by the International Code Council, Inc., as same may be amended from time to time hereafter. Violations of the provisions therein shall be deemed a nuisance enforceable by any and all provisions of this chapter. | |
(B) Unsafe structure; imminent danger. Pursuant to the notice and citation provisions of this chapter, when, in the opinion of the Property Maintenance Code Enforcement Officer, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual danger to the building occupants or those in proximity of any structure because of explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Enforcement Officer is hereby authorized and empowered to order and require occupants to vacate the premises forthwith. The Enforcement Officer shall cause to be posted at each entrance to the structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Property Maintenance Code Enforcement Officer." It shall be unlawful for any person to enter the structure except for the purpose of securing the structure, making repairs, removing the hazardous condition or of demolishing the same.
(C) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Property Maintenance Code Enforcement Officer, there is imminent danger due to an unsafe condition as set forth in division (B) above, the Enforcement Officer shall order the necessary work to be done, including the boarding up of openings, to render the structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause other action to be taken as the Enforcement Officer deems necessary to meet the emergency.
(D) Closing streets. When necessary for public safety, the Property Maintenance Code Enforcement Officer shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit same from being utilized.
(E) Emergency repairs. For the purpose of this section, the Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Cost incurred in the performance of emergency work shall be paid by the jurisdiction (city). The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is located for the recovery of the costs.
(F) Demolition general. Pursuant to notice and citation provisions herein, the Property Maintenance Code Enforcement Officer shall order the owner of any premises upon which is located any structure, which in the Officer's judgment 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 the structure; or if the 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 the structure.
(G) Junked motor vehicles and appliances.
(1) Definitions for junked motor vehicles and appliances. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNKED APPLIANCES. Any unit, or part thereof, of machinery, furniture or equipment, whether functional or ornamental, and whether mechanical or powered by some source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds, lamps, tools, objects of art and the like, the condition of which upon inspection, are found to be in one or more of the following conditions:
1. Wrecked;
2. Dismantled;
3. Partially dismantled;
4. Inoperative;
5. Abandoned; and/or
6. Discarded.
JUNKED MOTOR VEHICLES. Any vehicle, device or other contrivance, or parts thereof, propelled by human or mechanical power that if operational, would be used for transportation of persons or property on public streets and highways, which upon inspection, are found to be in one or more of the following conditions:
1. Wrecked;
2. Dismantled;
3. Partially dismantled;
4. Inoperative;
5. Abandoned; and/or
6. Discarded.
(2) Declaration junked motor vehicles and appliances; exceptions. The presence of any junked motor vehicle or appliance on public property or on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and shall further be considered rubbish or refuse, and it shall be unlawful for any person to cause or maintain the public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle or appliance on the real property of another or to suffer, permit or allow a junked motor vehicle or appliance to be parked, left or maintained on his own real property, provided that this provision shall not apply with regard to:
(a) Any motor vehicle or appliance in an enclosed building;
(b) Any motor vehicle or appliance on the property of a business enterprise operated in a lawful manner, when necessary to the operation of the business enterprise; or
(c) Any motor vehicle or appliance on property occupied and used for repair, reconditioning and remodeling of motor vehicles or appliances in conformance with the Zoning Code of the city.
(3) Liability for damages to removed vehicle. Neither the owner or occupant of the property from which any aforesaid junked motor vehicles shall be removed, their servants or agents, or any department of the city, or its agents, shall be liable for any loss or damage to the junked motor vehicle while being removed or as a result of any subsequent sale or other disposition.
(4) Compliance by removal of vehicle. The removal of a junked motor vehicle from the property within the number of days required in the notice of violation issued by the Property Maintenance Enforcement Officer, shall be deemed to be in compliance with the provisions of this article and no further action shall be taken against the owner of the junked motor vehicle or appliance or the owner or occupant of the property.
(5) Right of entry. In the enforcement of this chapter, a Property Maintenance Code Enforcement Officer, and his or her duly authorized agents, assistants, employees or contractors with the prior consent of the owner, tenant or occupant, or by order of a court of competent jurisdiction may enter upon private or public property to examine a junked motor vehicle or appliance, or obtain information as to the identity of a junked motor vehicle or appliance and of the owner thereof, and to remove or cause removal of a junked motor vehicle or appliance declared to be a nuisance pursuant to this chapter.
(6) Chapter supplemental to other regulations.
(a) The provisions of this chapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or any other legal entity or agency having jurisdiction.
(b) The provisions of this chapter shall be deemed cumulative of the provisions and regulations contained in the code of ordinances, city, save and except that, where the provisions of this chapter and the sections hereunder are in conflict with the provisions elsewhere in this code, then the provisions contained herein shall prevail. Any and all ordinances or parts of ordinances in conflict herewith are, to the extent of the conflict, hereby repealed.
(H) Other miscellaneous nuisances. It shall be unlawful for the owner, occupant or person having control or management of any real property within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(1) Accumulation of rubbish. An accumulation on any property of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents or insects, or blow rubbish into any street, sidewalk or property of another;
(2) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity;
(3) Weeds and grass. The excessive growth of weeds, grass or other vegetation, except flowers or other ornamental vegetation, which are properly maintained. Unless otherwise provided, EXCESSIVE shall mean growth to a height of 12 inches or more; and/or
(4) Open wells. The maintenance of any open, uncovered or insecurely covered cistern, cellar, well, pit, excavation, basement or vault situated upon private property in any open or unfenced lot or place.
(Ord. 08-07, passed 8-4-2008) Penalty, see § 150.99