It shall be a violation of this section when any person who, when having management authority over or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person. Such conduct shall include, but not be limited to, (a) recklessly allowing property to be improperly secured, resulting in the commission of a crime against a resident of the property or against any other person, (b) recklessly allowing property to collapse or partially collapse, resulting in injury to a person inside or outside of a building, (c) recklessly allowing property to remain in violation of applicable building code, fire code, or other applicable code provisions, (d) recklessly failing to respond to reasonable requests by the city to repair a property that is in violation of an applicable provision of the Municipal Code, or (e) recklessly endangering the health and safety of any person by illegally altering or modifying a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used. Any person found to have violated this section shall be: (a) subject to a fine of not less than $500.00 for each offense, (b) incarcerated for not more than 180 days, and/or (c) ordered to perform community service for a period not to exceed 200 hours. A separate and distinct offense shall be regarded as committed each day on which such person shall continue any such violation.
This section shall not apply to any freestanding, owner-occupied single-family home or to any owner- occupied townhouse; provided, however, that this exception shall not apply to a single-family home, or to a townhouse, which is rented, or to any structure that is altered or modified in violation of Title 17, Section 11.13-1 (17-44-565)* of the Municipal Code. For purposes of this section a townhouse shall refer to: one of a row of houses connected by common side walls.
(Added Coun. J. 2-8-95, p. 65368; Amend Coun. J. 2-7-96, p. 15460)
* Editor's note – Section no longer exists in the Code.