(A) Generally. Any commercial business/property or portion thereof, including any premises on which the commercial business/property is located, in which there exists any of the conditions listed in this section, to the extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be a substandard building.
(B) Substandard conditions. Substandard conditions shall include, but not be limited to, the following:
(1) Lack of proper sanitation (where required);
(2) Lack of hot and cold running water to plumbing fixtures;
(3) Lack of heating facilities;
(4) Lack of or improper operations-required ventilating equipment;
(5) Lack of or minimum amounts of natural light and ventilation required by this chapter;
(6) Room and space dimensions less than required by this chapter;
(7) Lack of required electrical lighting;
(8) Infestation of insects, vermin or rodents as determined by the Inspector;
(9) General dilapidation or improper maintenance;
(10) Lack of connection to the required sewage disposal system;
(11) Lack of adequate garbage and rubbish storage and removal facilities as determined by the Fire Chief or designee; and
(12) Lack of valid commercial business/property occupancy permit.
(C) Structural hazards. Structural hazards shall include, but not limited to, the following:
(1) Deteriorating or inadequate foundations;
(2) Defective or deteriorating flooring or floor supports;
(3) Flooring or flooring supports of insufficient size to carry imposed loads 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 material deterioration; and
(9) Fireplaces or chimneys which are insufficient size or strength to carry imposed loads with safety.
(D) Hazardous wiring. Hazardous wiring shall include all wiring, except that which conformed with all applicable laws in effect at the time of installation, which has been maintained in good condition and is being used in a safe manner.
(E) Hazardous plumbing. Hazardous plumbing shall include all plumbing, except that which conformed with all applicable laws in effect at the time of installation, which has been maintained in good condition and which is free of cross connections and siphoning between fixtures.
(F) Hazardous mechanical equipment. Hazardous mechanical equipment shall include all mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
(G) Faulty weather protection. Faulty weather protection shall include, but not be limited to, the following:
(1) Deteriorated, crumbling or loose plaster;
(2) Deteriorating or ineffective water-proofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
(3) Defective weather protection 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
(4) Broken, rotted, split or buckled exterior wall coverings or roof.
(H) 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 his or her designee, is in such 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 deemed a fire hazard.
(I) Faulty materials of construction. Faulty materials of construction shall include all materials of construction, except those which are specifically allowed or approved by this chapter and the Building Code, and which have been adequately maintained in good and safe condition.
(J) Hazardous or unsanitary premises. Hazardous or unsanitary premises shall include those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
(K) Inadequate maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with the Building Code of the city shall be deemed to be inadequately maintained.
(L) Inadequate exits. All buildings or portion thereof not provided with adequate exit facilities as required by this chapter shall be deemed to have inadequate exits. When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.
(M) Inadequate fire-resistive construction or firefighting equipment.
(1) Fire-resistive. All buildings or portion thereof which are not provided with the fire-resistive construction required by this chapter shall be deemed to have inadequate fire-resistive construction, except those buildings or portions thereof which the owner proves by clear satisfactory and convincing evidence:
(a) Conformed with all applicable laws at the time of their construction, conversion to commercial business/property status and increase in number of commercial business/properties; and
(b) Whose fire-resistive construction has been adequately maintained and improved with any increase in number of dwelling units or occupant load, and with any alteration, addition or change in occupancy.
(2) Deemed inadequate. All buildings or portions thereof which are not provided with the fire extinguishing system or equipment required by this chapter shall be deemed to have inadequate fire extinguishing systems or equipment.
(N) Improper occupancy. Improper occupancy shall include any occupancy of a building or portion thereof occupied for commercial business/property use which was not designed or intended to be used for such occupancy. Improper occupancy shall also include the occupancy of, or allowing the occupancy of, any commercial business/property for which there is not in effect a valid and current commercial business/property occupancy permit or a valid and current registration receipt with respect to said commercial business/property.
(Ord. 2449, passed 7-1-2024)