A. General:
1. Title: These regulations shall be known as the building standards, hereinafter referred to as "this chapter".
2. Scope: The provisions of this chapter shall apply to all residential structures and other structures in residentially zoned districts and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, and sanitary maintenance; the responsibility of owners, managers and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
3. Intent: This chapter shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the city building code.
4. Severability: If a section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.
B. Applicability:
1. General: The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in subsection A of this section. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
2. Maintenance: Equipment, systems, devices and safeguards required by this chapter or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No manager, owner or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
3. Application Of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the city building code. Nothing in this chapter shall be construed to cancel, modify or set aside any provision of the Moorhead zoning code.
4. Existing Remedies: The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and unsanitary.
5. Workmanship: Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
6. Historic Buildings: The provisions of this chapter shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
7. Referenced Codes And Standards: The codes and standards referenced in this chapter shall be the building code, fire code and zoning code of the city of Moorhead and considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and the referenced standards, the provisions of this chapter shall apply.
C. Code Officials, Maintenance Inspection:
1. Appointment: The city manager shall appoint a code official to administer this chapter.
2. Designees: The code official shall have the authority to appoint designees to carry out the inspections and to enforce the provisions of this chapter. Whenever code official is stated in this chapter, it includes all designees of the code official.
3. Liability: The code official, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and the code official, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions by reason of any act or omission in the performance of official duties in connection therewith.
4. Fees: The fees for activities and services performed by the department in carrying out its responsibilities under this chapter shall be set by the Moorhead city council through approval and adoption of a fee schedule. The most current adopted fee schedule shall be used.
D. Duties And Powers Of Code Official:
1. General: The code official shall enforce the provisions of this chapter.
2. Rule Making Authority: The code official shall have authority as necessary in the interest of public health, safety and general welfare: to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
3. Inspections: The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
4. Right Of Entry: The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
5. Identification: The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
6. Notices And Orders: The code official shall issue all necessary notices or orders to ensure compliance with this chapter.
7. Department Records: The code official shall keep official records of all business and activities of the department specified in the provisions of this chapter. Such records shall be retained in the official records pursuant to the document retention policy of the city.
8. Coordination Of Inspections: Whenever the enforcement of this chapter or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
E. Approval:
1. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the city files.
2. Alternative Materials, Methods And Equipment: The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically proscribed by this chapter, provided that any such alternative has been approved by the code official. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.
3. Required Testing: Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance at no expense to the jurisdiction.
a. Test Methods: Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
b. Test Reports: Reports of tests shall be retained by the code official for the period required for retention of public records.
4. Material And Equipment Reuse: Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official.
F. Violations:
1. Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.
2. Notice Of Violation: The code official shall serve a notice of violation or order in accordance with subsection G of this section.
3. Prosecution Of Violation: Any person failing to comply with a notice of violation or order served in accordance with subsection G of this section shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the city shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Violation Of Provisions; Penalties: Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, may be prosecuted within the limits provided by state or city code. Violation shall be deemed a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Alternatively, the code official may proceed with administrative citations and civil penalties as provided in title 1, chapter 4 of this code.
5. Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the legal officer of the city from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
G. Notices And Orders:
1. Notice To Person Responsible: Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the person responsible in the manner prescribed in subsections G2 and G3 of this section.
2. Form: Such notice prescribed in subsection G1 of this section shall be in accordance with all of the following:
a. Be in writing.
b. Include a description of the real estate sufficient for identification.
c. Include a statement of the violation or violations and why the notice is being issued.
d. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter.
3. Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
a. Delivered personally;
b. Sent by certified or first class mail addressed to the last known address of the person responsible; or
c. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
4. Penalties: Penalties for noncompliance with orders and notices shall be as set forth in subsection F4 of this section.
5. Transfer Of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
Upon transfer of ownership, an inspection of the property is required before a rental registration certificate will be issued.
H. Unsafe Structures And Equipment:
1. General: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this subsection.
a. Unsafe Structures: An "unsafe structure" is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
b. Unsafe Equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
c. Structure Unfit For Human Occupancy: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
d. Unlawful Structure: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
2. Closing Of Vacant Structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
3. Notice: Whenever the code official has condemned a structure or equipment under the provisions of this subsection, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with subsection G3 of this section. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in subsection G2 of this section.
4. Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
a. Placard Removal: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this section.
5. Prohibited Occupancy: Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this section.
I. Emergency Measures:
1. Imminent Danger: When, in the opinion of the code official, 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 or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Code Official". It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
2. Temporary Safeguards: Notwithstanding other provisions of this section, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause other such action to be taken as the code official deems necessary to meet such emergency.
3. Closing Streets: When necessary for the public safety, the code official 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 the same from being utilized.
4. Emergency Repairs: For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
5. Costs Of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
6. Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this chapter.
J. Demolition:
1. General: The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such 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.
2. Notices And Orders: All notices and orders shall comply with subsection G of this section.
3. Failure To Comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Salvage Materials: When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
K. Means Of Appeal:
1. Application For Appeal: Any person directly affected by a decision of the code official or a notice or order issued under this chapter shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
2. Membership Of Board: The board of appeals shall consist of a minimum of three (3) members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex officio member but shall have no vote on any matter before the board. The board shall be appointed by the city manager and shall serve staggered and overlapping terms.
a. Alternate Members: The city manager may appoint two (2) or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
b. Chairman: The board shall annually select one of its members to serve as chairman.
c. Disqualification Of A Member: A member shall not hear an appeal in which that member has a personal, professional or financial interest.
d. Secretary: The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
e. Compensation Of Members: The members shall receive no compensation.
3. Notice Of Meeting: The board shall meet upon notice from the chairman, within twenty (20) days of the filing of an appeal, or at a stated periodic meeting.
4. Open Hearing: All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds (2/3) of the board membership.
a. Procedure: The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
5. Postponed Hearing: When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
6. Board Decision: The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.
a. Records And Copies: The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
b. Administration: The code official shall take immediate action in accordance with the decision of the board.
7. Court Review: Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
8. Stays Of Enforcement: Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the board of appeals. (Ord. 2004-28, 10-18-2004)