(A) Generally. Any building or portion thereof which is determined to be an unsafe building in accordance with the building code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings.
(B) Inadequate sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include but not be limited to the following:
(1) Lack of or improper water closet, lavatory, bathtub, or shower in a dwelling unit or lodging house.
(2) Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.
(3) Lack of or improper kitchen sink in a dwelling unit.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel.
(5) Lack of hot or cold running water to plumbing fixtures in a dwelling unit or apartment complex required by other city codes.
(6) Lack of adequate heating facilities.
(7) Lack of or improper operation of required ventilating equipment.
(8) Lack of minimum amounts of natural light and ventilation required by city codes.
(9) Room and space dimensions less than required by city codes.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation by insects, vermin or rodents as determined by the Health Officer.
(13) General dilapidation or improper maintenance.
(14) Lack of connection to required sewage disposal system.
(15) Lack of adequate garbage and rubbish storage and removal facilities.
(16) Partial destruction or damage by fire unrepaired for more than 90 days.
(C) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following:
(1) Deteriorated or inadequate foundation;
(2) Defective or deteriorated flooring or floor supports;
(3) Flooring or floor supports of insufficient size to carry imposed load with safety;
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;
(5) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;
(8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety;
(10) Heating flues and exhausts which list, bulge or settle due to defective material or deterioration.
(D) Nuisances. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings.
(E) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard.
(F) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or siphonage between fixtures shall be considered substandard.
(G) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard.
(H) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include but not be limited to the following:
(1) Deteriorated, crumbling or loose plaster;
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering; and/or
(4) Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings;
(I) Fire hazards. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Chief of the Fire Department or the Fire Marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building.
(J) Faulty materials of construction. The use of materials of construction except those which are specifically allowed or approved by the housing code and the building code and which have been adequately maintained in good and safe condition shall cause a building to be substandard.
(K) Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on premises constitutes a nuisance to be abated as provided by this subchapter.
(L) Inadequate exits. Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the Building Official finds that an unsafe condition exists through an improper location of exits, or a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life.
(M) Inadequate fire protection or firefighting equipment. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(N) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard.
(O) Building Official. For purposes of §§ 150.50 through 150.57, any of the following officials may act as the town’s “Building Official”:
(1) The Town Administrator or his or her designee;
(2) The Chief of Police or his or her designee;
(3) The town’s Fire Marshal;
(4) The town’s Code Enforcement Officer; or
(5) The town’s Building Inspector.
(Ord. 418, passed 5-13-2021)