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Every residential and nonresidential building and the premises on which it is situated in the City used or intended to be used for dwelling, commercial or business occupancy shall comply with the provisions of this chapter, whether or not such building has been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or for the installation or repair of equipment of facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, except as provided in Section 1383. 04. Mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by the provisions of this chapter.
(Ord. 1967-40. Passed 7-10-67.)
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the City or laws of the State, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinances of the City or laws of the State, then the higher standard contained in any such other ordinance or law shall prevail.
(Ord. 1967-40. Passed 7-10-67.)
After the date of enactment hereof, all licenses and permits shall be issued conditionally upon compliance with this chapter as well as compliance with the ordinances under which such licenses and permits are granted.
(Ord. 1967-40. Passed 7-10-67.)
No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any provisions of this chapter or any other ordinance of the City applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with such provisions, nor any official of the City from enforcing any of such provisions.
(Ord. 1967-40. Passed 7-10-67.)
Owners and operators shall have all the duties and responsibilities as prescribed in this chapter and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by an agreement or contract by and between any of the aforesaid or between them and other parties.
(Ord. 1967-40. Passed 7-10-67.)
The exterior of the premises and all structures thereof shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner, operator and occupant within a reasonable time. It shall be the duty of the owner, operator and occupant to keep the premises free of hazards and in compliance with the following provisions:
(a) Refuse. Exterior property areas of all premises shall be kept free of any debris, objects, material or condition which may create a health, accident or fire hazard of which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood. Brush, broken glass, stumps, roots, filth, garbage, trash, debris and motor vehicles, boats or trailers in a condition of disrepair or deterioration of parts thereof, shall not be permitted on any property.
(b) Natural Growth. Lawns, landscaping and trees shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof shall not be permitted on any property. Trees shall be pruned and trimmed to prevent such conditions.
(c) Overhangings. Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons or property in the vicinity thereof shall not be permitted.
(d) Ground Surface Hazards. Holes, excavations, breaks, projections and obstructions at any place on the premises which are a hazard to persons using the premises shall not be permitted.
(e) Recurring Accumulations of Storm Water. Natural drainage or adequate run-off drains shall be provided and maintained to eliminate any such recurrent or excessive accumulation of storm water.
(f) Maintenance of Foundations.
(1) All foundations of every dwelling structure shall be maintained structurally sound and in good repair.
(2) All foundations of every dwelling structure shall be maintained in such condition as to prevent the seepage or leaking of water within the space enclosed within such foundations.
(3) All openings into the foundations of every dwelling structure shall be protected against the entrance of rodents.
(g) Chimneys and All Flue and Vent Attachments Thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(h) Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with bannisters or railings properly designed and maintained to minimize the hazard of persons falling therefrom and the same shall be kept structurally sound, in good repair and free from defects.
(i) Condition of Exterior of Premises and Structures. The exterior of all structures and the premises shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the area so that the condition of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the area. All replacements and repairs must match and conform to original design if not replaced completely.
(j) Landscaping. All premises and vacant land shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly.
(k) Signs. All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair and printed matter, pictures or illustrations contained thereon shall be completely maintained or when no longer in use completely removed.
(l) Reconstruction of Walls and Sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the area and the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises as aforesaid.
(m) General Maintenance. The exterior of every structure or accessory structure (including fences) shall be maintained in good repair and all surfaces thereof shall be kept painted where necessary for purposes of preservation and appearance* The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
(n) Store Fronts. All store fronts shall be kept in good repair, painted where required and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
(o) Structural Soundness and General Maintenance. Every building and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including:
(1) Exterior walls, sidings and roofs. Exterior walls, sidings and roofs shall be kept maintained structurally sound, in good repair and free from defects.
(2) Painting and other protective coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration.
(3) Weather and watertightness. Every dwelling shall be so maintained as to be weather and watertight.
(4) Exterior walls, roofs, etc. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of the structure shall be so maintained as to keep water from entering the structure. Damaged materials shall be repaired or replaced promptly; places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.
(p) Freedom from Infestation. All parts of the premises shall be maintained so as to prevent infestation.
(Ord. 1967-40. Passed 7-10-67.)
During the period of time that any construction, reconstruction or repair work is being done on any premises within the City, the owner, the employing contractor and all persons performing the work shall be responsible for the following:
(a) That all safety practices and facilities required by law be provided and maintained.
(b) That any excavation that exists on the premises at the close of any working day shall be properly barricaded and lighted.
(c) That proper and adequate toilet facilities are provided for the workmen.
(d) That the sidewalk and tree lawn area be kept open, in repair, and free from holes, depressions, areas of mud and water, building materials and debris, and other nuisances.
(e) The engines to all equipment shall be turned off and cooled prior to and during any refueling operation.
(Ord. 1967-40. Passed 7-10-67.)
Each commercial and multi-family building and every property zoned for multi-family or commercial use shall be inspected at least once each year by the Director of Public Service and the owner, occupant and agent served with a notice of any violations of this chapter.
(Ord. 1967-40. Passed 7-10-67.)
The provisions of this chapter shall apply equally to any occupant, owner, agent, superintendent, officer, member or partner, trustee or receiver who shall alone or with others have a legal or equitable ownership in the premises, or shall have possession, charge, care or control of the premises.
(Ord. 1967-40. Passed 7-10-67.)
Except as otherwise provided in Sections 678.01(c) and 678.02 of the General Offenses Code, regarding a violation of Section 1363.08(b), where a violation of any provision of this chapter is found to exist, the Director of Public Service shall cause a written notice of such violation to be served upon the person responsible for the correction thereof. The notice shall specify the violation committed and shall provide for a reasonable period of time, not more than thirty days, to correct or abate the violation.
Notice may be served personally or by prepaid telegram or certified mail addressed to the last known address of the person to be served or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained the notice shall be posted on the outside front entrance of the building.
(Ord. 1967-40. Passed 7-10-67.)
Within ten days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Board of Zoning Appeals by filing a written request with the Clerk of the Board. The Chairperson of the Board, upon receipt of the request, shall, within thirty days therefrom and upon five days notice to the party and the Director of Public Service, set the matter down for hearing. The Board may modify the action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations.
(Ord. 1967-40. Passed 7-10-67.)
(a) No person, being the owner of any residential or commercial real property, or his or her lessee or tenant, or any person acting for or on his or her behalf, shall prohibit, prevent, hinder, obstruct or deny the right of the owner of any adjoining real property, or any person acting for or on his or her behalf, to reasonably enter upon such real property for the purpose of making necessary repairs to, and/or to maintain, such adjoining owner's real property, when it is reasonably necessary to enter upon such real property to make such repairs and/or to carry out such maintenance.
(b) Any person, being the owner of any residential or commercial real property, or any person acting for or on his or her behalf, who enters upon the adjoining real property of another pursuant to this section, shall return such property to its condition prior to such entry and shall be liable for any damage caused by such entry to any person or to any real or personal property, including, but not limited to, trees, shrubbery, flowers, grass or other vegetation.
(Ord. 1998-34. Passed 12-14-98.)