A person is guilty of failure to maintain a residential or commercial structure when, being the owner and/or occupant, or high managerial agent, of any commercial, residential or industrial real estate, he or she:
(A) Fails to maintain the foundation system upon the grounds of any structure or building on the real estate in a safe manner and to the extent that the system is fully capable of supporting the load which is or may thereafter be placed thereon; or
(B) Fails to maintain the walls of any structure or building contained upon the grounds of the real estate in such manner that the walls of the structure are free of holes, breaks, mold, decay, loose or rotting boards, timbers, siding or panels, or missing boards, timbers, siding or panels; or
(C) Fails to maintain the walls of any structure or building contained upon the grounds of the real estate in such manner that the walls of the structure admit rain or dampness to the interior aspect of the walls or structure or any room or part of the interior structure; or
(D) Fails to maintain the walls of any structure or building contained upon the grounds of the real estate in such manner that the walls of the structure demonstrate recognizable chipping or the outward splaying of paint or siding, or demonstrate missing mortar, brick or sealants; or
(E) Fails to maintain any opening into or out of any structure contained upon the grounds of any real estate, including windows, doors, hatchways or gates, in such manner, that the opening is not substantially weather-tight, watertight, and rodent-proof; or
(F) Fails to maintain any exterior window or door, or part thereof, contained upon any real estate, in such manner that the window or door, or part thereof, is not substantially weather-tight, watertight, and rodent-proof; or
(G) Fails to maintain any exterior window or door in such manner that the same, or any part thereof, demonstrates cracks, holes, breaks or gaps that may admit rain or dampness;
(H) Fails to maintain any exterior window sash or frame, or door frame or sash, in such manner that the same is not fully supplied with secure glass window panes or an approved like-substitute and which are without open cracks, holes, breaks or gaps, or are decayed;
(I) Fails to maintain the roof of any structure contained upon the grounds of any real estate in such manner that the roof is not structurally sound; or, in such manner, that the roof admits rain or dampness into the walls or attic of the structure or within any interior portion of the structure; or
(J) Fails to provide or maintain, in any new construction, a safe and unobstructed means of egress and with a minimum ceiling height of seven feet leading to a safe and open space at ground level; or
(K) Where stairs are provided in any new construction, fails to have a minimum headroom of six feet, eight inches; or
(L) Fails to maintain or properly install any porch, stairs or appurtenance in such manner that the same is unsafe to use or is incapable of supporting the load which by normal use is or may be placed thereon; or
(M) Fails to provide and/or maintain defect-free protective railing(s) on any unenclosed structure over 30 inches from ground level or on any steps containing four or more risers; or
(N) Fails to provide and/or maintain defect-free hardware on any exterior door or window sash; or
(O) Fails to provide and/or maintain any exterior door or frame in such manner that the door or frame does not fit reasonably well within the frame or structure so as to substantially exclude rain, dampness, rodents or wind from entering the building or structure; or
(P) Fails to provide for and maintain the exterior surface or parts thereof of any structure on the grounds of any real estate in such manner that the surface, or any part thereof, demonstrates decay, mold, splintering, breaking, chipping or masonry defect; or, fails to protect from the elements and decay by painting or other protective covering or treatment all exterior wood surfaces of the structure, or part thereof, so as to keep the structure impervious to water; or, fails to repair and or maintain the exterior surface of any structure, or part thereof, existing on the grounds of the real estate so as to present a pleasant aesthetic appearance without loose, missing or decayed mortar, boards, siding or like covering on said structure; or
(Q) Fails to maintain the interior floor, walls and ceilings, or any part thereof, of any structure existing on the grounds of the real estate in such manner that such floors, walls or ceilings, or parts thereof, demonstrate decay, breaking, molding, or splintering; or
(R) Fails to maintain the interior floor, walls and ceilings, or any part thereof, of any structure existing on the grounds of the real estate in such manner that such floors, walls or ceilings, or any part thereof, are not structurally sound or safe; or
(S) Fails to maintain the interior floor, walls and ceilings of any structure existing on the grounds of the real estate in such manner that such floors, walls or ceilings or any part thereof are susceptible to collapse; or
(T) Fails to maintain the interior floor, walls and ceilings of any structure existing on the grounds of the real estate in such manner that such floors, walls or ceilings, or any part thereof, are not substantially rodent-proof; or
(U) Fails to maintain the interior floor, walls and ceilings of any structure existing on the grounds of the real estate in such manner that such floors, walls or ceilings, or any part thereof, are not safe to use or are not capable of supporting the load which by use may cause to be placed thereupon; or
(V) Fails to provide for and maintain any toilet, bathroom and/or kitchen floor surface in such manner that it is not substantially impervious to water; or
(W) Fails to provide for and maintain any toilet, bathroom and kitchen floor surface in such manner that such surface may not be easily kept in a clean and sanitary condition;
(X) Fails to provide for and to maintain any structural support in a structure on the grounds of any real estate in such manner that said structural support is not structurally sound; or
(Y) Fails to provide for and to maintain any structural support in a structure on the grounds of any real estate in such manner that said structural support evidences signs of deterioration which would render such support incapable of carrying loads which by normal use may cause to be placed thereon;
(Z) Fails to provide and maintain on any occupied floor above ground level a minimum of two safe and accessible exits to ground level; or
(AA) Fails to provide and maintain at least one operational smoke alarm per floor of any structure where people work, or reside; or
(BB) If an apartment unit, fails to provide and maintain at least one operational smoke alarm per floor for each occupied apartment unit.
(Ord. 2009-005, passed 7-13-09) Penalty, see § 151.999