1361.01 General.
1361.02 Applicability.
1361.03 Administration and enforcement.
1361.04 Violations.
1361.05 Notices and orders.
1361.06 Unsafe structures and equipment.
1361.07 Emergency measures.
1361.08 Demolition.
1361.09 Means of appeal.
1361.10 Stop work order.
1361.11 Definitions.
1361.12 General conditions and responsibilities.
1361.13 Exterior property areas.
1361.14 Exterior structure.
1361.15 Interior structure.
1361.16 Component serviceability.
1361.17 Handrails and guardrails.
1361.18 Rubbish and garbage.
1361.19 Pest elimination.
1361.20 Light, ventilation and space conditions.
1361.21 Plumbing.
1361.22 Mechanical and electrical facilities and equipment.
1361.23 Fire safety.
1361.24 Boarding standards.
1361.99 Prosecution of violations and penalties.
(a) Title. These regulations shall be known as the Housing and Property Maintenance Code of the Village of Obetz, hereinafter referred to as "this code."
(b) Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(c) Intent. This code 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.
(d) Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 36-10. Passed 11-8-10.)
(a) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(b) Maintenance. Equipment, systems, devices and safeguards required by this code 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 owner, operator 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 code 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.
(c) 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 all other codes adopted by the Village of Obetz.
(d) Existing Remedies. The provisions in this code 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 insanitary.
(e) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
(f) Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Enforcement Officer to be safe and in the public interest of health, safety and welfare.
(g) Requirements Not Covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Code Enforcement Officer.
(h) Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
(i) Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. In the event of a conflict, the stricter law shall apply.
(Ord. 36-10. Passed 11-8-10.)
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