1777.14 GENERAL REQUIREMENTS.

   (a)   General.

      (1)   Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

      (2)   Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner- occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.

      (3)   Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

   (b)   Exterior Property Areas.

      (1)   Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

      (2)   Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

   Exception: Approved retention areas and reservoirs.

      (3)   Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

      (4)   Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

      (5)   Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.

      (6)   Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particular wastes directly upon abutting or adjacent public or private property or that of another tenant.

      (7)   Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

         A.   Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

      (8)   Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

   Exception: A vehicle or any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

      (9)   Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

   (c)   Exterior Structure.

      (1)   General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

      (2)   Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

      (3)   Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

      (4)   Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

      (5)   Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

      (6)   Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls of interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

      (7)   Overhang extensions. All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be property anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

      (8)   Stairways, decks, porches and balconies. Every extension stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

   (d)   Interior Structure.

      (1)   General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

      (2)   Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

      (3)   Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

      (4)   Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

   (e)   Rubbish and Garbage.

      (1)   Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

      (2)   Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

         A.   Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

      (3)   Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

         A.   Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; and approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.

         B.   Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

   (f)   Extermination.

      (1)   Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

      (2)   Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

      (3)   Single occupant. The occupant of a one-family dwelling or of a single- tenant nonresidential structure shall be responsible for extermination on the premises.

      (4)   Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.

      (5)   Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

   (g)   Certain Nuisances Enumerated; Not Exclusive.

      (1)   The following acts, when committed, or conditions, when existing, are defined and declared to be nuisances:

         A.   An act done or committed or aided or assisted to be done or committed by any person, or any substance, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health, safety or good order.

         B.   All buildings, bridges or other structures of whatsoever character kept or maintained, or which are permitted by any person owing or having control to be kept or maintained, in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

         C.   All ponds or pools of putrid or stagnant water, and all foul or dirty water or liquid found or discharged into or upon any street, public place or lot to the injury or annoyance of the public.

         D.   All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority.

         E.   Any unclean, stinking, foul, defective or filthy drainpipe, tank or gutter or any leaking or broken slop, garbage or manure box or receptacle of like character.

         F.   Any dirt gathered in cleaning yards, waste of factories or any rags, damaged merchandise, wet, broken or leaking containers or any materials which are offensive or tend by decay to become putrid or to tender the atmosphere impure or unwholesome.

         G.   Any business, trade or activity whereby noisome stenches and odors or noxious gases arise or are generated.

         H.   Whenever in any cellar, basement, or part of a cellar or basement, of any house or building, there may be found water occasioned by leakage from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains, running spouts or seepage from the surrounding earth, or whenever the walls of any cellar or basement shall be found to be damp or moist from any cause named in this subsection, such water, leakage, seepage or moisture shall be deemed a nuisance.

         I.   Every act or thing done or which may be permitted, allowed or continued by the owner, agent, assignee, occupant or tenant of any premises, property or structure, which act or thing done relates to the location, construction, repair, maintenance, use, emptying and cleaning of wall water closets, privies, sinks, plumbing, drains, yards, lots, areaways, pens, stables and other places where offensive, unsightly, unwholesome, objectionable or dangerous substances or liquids are or may be accumulated, to the damage or injury of any of the inhabitants of the city, and not otherwise specified.

         J.   All open, unguarded or unprotected excavations, refrigerators with intact doors, swimming pools or buildings which, when abandoned or left open or other unprotected, will likely prove dangerous to life or limb, or abandoned, open, uncovered or otherwise unprotected wells, cesspools, cisterns or catch basins.

      (2)   The nuisances described shall not be construed as exclusive; and any act of commission or omission and any condition which constitutes a nuisance by statute or common law of the state, when committed, omitted or existing .within the city limits, Is declared to constitute a nuisance.

      (3)   Any nuisances not cleared within thirty (30) days of notification by the City of Dunbar Building Inspector shall be subject to the penalties prescribed in Section 1777.07 . Any appeal of such determination shall be made pursuant to this article.

         (Ord. 620. Passed 9-5-06.)