(A) No owner, or other person, shall occupy, or let another person occupy, any dwelling or dwelling unit unless it, and the premises, are clean, sanitary, and fit for human occupancy.
(B) Any dwelling, or its premises, which has any, or all, of the conditions or defects hereinafter described shall be deemed to be an unsafe, dangerous dwelling; provided, that such conditions or defects exist to the extent that the life, property, or safety of the public, or its occupants, are endangered:
(1) Any door, aisle, passageway, stairway, or other means of exit which is blocked, or is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) The walking surface of any aisle, passageway, stairway, or other means of exit which is so warped, worn, decayed, loose, torn, or otherwise unsafe as not to provide safe means of exit in case of fire or panic;
(3) The stress in any materials, member, or portion thereof, due to all dead and live loads, which is more than one and one half times the working stress, or stresses, allowed in the State Building Code for any new dwellings of similar structure, purpose, or location;
(4) Any portion thereof that has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength, or stability thereof, is materially less than it was before such catastrophe, and is less than the minimum requirements for new dwellings of similar structure, purpose, or location;
(5) Any portion or member, or appurtenance thereof, is likely to fail, or become detached or dislodged, or to collapse and thereby injure persons or damage property;
(6) Any portion of a dwelling, or any member, appurtenance, or ornamentation on the exterior thereof which is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new dwellings of similar structure, purpose, or location without exceeding the working stresses permitted in the State Building Code for such structures;
(7) Any portion thereof has warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(8) The dwelling, or structure, or any portion thereof, is likely to partially, or completely, collapse because of:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal or instability of any portion of the ground necessary for the purpose of supporting such dwelling;
(d) The deterioration, decay, or inadequacy of its foundation;
(e) Faulty electricity; or
(f) Any other reason.
(9) The dwelling, or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(10) The exterior walls, or other vertical structural members, list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside of the middle one-third of the base;
(11) The dwelling, or structure, exclusive of the foundation, shows 33%, or more, damage or deterioration of its supporting member, or members, or 50% damage or deterioration of its non-supporting members, enclosing, or outside walls or coverings;
(12) The dwelling, or structure, has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated as to become:
(a) An attractive nuisance to children;
(b) A harbor for vagrants, criminals, or any other illegal persons;
(c) Enable persons to resort thereto for the purpose of committing unlawful, illegal, or unsafe acts; or
(d) Incapable of maintaining a minimum temperature of 65°F.
(13) Any dwelling, or structure, which has been constructed, exists, or is maintained in violation of any specific requirements or prohibition applicable to such dwelling regulation of the county, as specified in the State Building Code, or of any law, rule, or ordinance of the state or this county, relating to the condition, location, or structure of dwellings which violation constitutes a clear and present risk to human inhabitants;
(14) Any dwelling, or structure, which, whether or not erected in accordance with applicable laws and ordinances, has in any non-supporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 60% of the:
(a) Strength; or
(b) Fire-resisting qualities, or characteristics, required by law in the case of newly constructed dwellings of like area, height, and occupancy in the same location.
(15) A dwelling, or structure, used or intended to be used for dwelling purposes, which, because of inadequate maintenance, filth, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, water supply, sewage disposal, or other sanitary facilities, or otherwise, is determined by the County Board of Commissioners or the County Health Officer to be unsanitary, unfit for human habitation, or in such a conditions that is likely to cause sickness or disease;
(16) Any dwelling, or structure, which, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electrical wiring or fixtures, gas connections, or heating apparatus, or other causes, is determined by the Fire Marshal to be a fire hazard;
(17) Any dwelling, or structure, which is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
(18) Any portion of a dwelling, or structure, which remains on a site after the demolition or destruction of the dwelling, or structure, is abandoned for a period in excess of three months so as to constitute such dwellings, or portion thereof, as an attractive nuisance or hazard to the public;
(19) Any dwelling which is provided with a heating system that is not operable;
(20) Any dwelling which provides less than 40 square feet of sleeping room for each inhabitant;
(21) Any dwelling which is provided with an electrical distribution system which is not operable. A system is not operable if it presents a clear and present health risk to human occupants when operating;
(22) Any dwelling for which there is not available safe and potable water of sufficient pressure that all outlets may operate simultaneously;
(23) Any dwelling for which there is not safe potable running hot water not less than 110°F;
(24) Any dwelling for which a residential sewage disposal system is not operable and has not been approved by the County Health Department;
(25) Any mobile dwelling that does not have 960 square feet of living space;
(26) Any mobile dwelling that is not situated and supported by a cement slab or runner that is the recommended size for that mobile dwelling;
(27) Any mobile dwelling that does not have tightly fitted skirting constructed of fire and weather resistant materials, such as aluminum, asbestos board, treated pressed wood, or other approved materials enclosing the entire undercarriage of the manufactured or mobile home;
(28) Any mobile dwelling that does not have safely secured front and back steps into the home;
(29) Any mobile dwelling that is not anchored to the ground;
(30) Any mobile dwelling that has not had the wheels, axle, and hitch mechanisms removed;
(31) Any dwelling that does not have a working well with satisfactory water and a working water pump; and
(32) Any dwelling within which a smoke detector system is not operable. A smoke detector system is deemed operable on the condition of the following:
(a) At least one unit is installed;
(b) At least one smoke detector unit must be on the ceiling not less than six inches from any wall, or on any wall located six to 12 inches from the ceiling and within 15 feet of all rooms used for sleeping purposes;
(c) If the unit consists of multiple levels, each unit shall have not less than one installed smoke detector on the uppermost ceiling of each level not less than six inches from any wall, or on a wall located from six to 12 inches from the uppermost ceiling of all interior stairwells;
(d) All approved smoke detectors required in this chapter shall be the ionization or photoelectric type, either battery powered or 110-volt A.C., and shall comply with all of the requirements of the Underwriter’s Laboratories, Inc. standard UL-217 (Standard for Smoke Alarms, 2020). Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirements of UL-217 (2020);
(e) These provisions shall not be required in buildings which contain an approved automatic sprinkler system throughout;
(f) It shall be the responsibility, at every change of tenant in every single or multiple dwelling, for the owner, manager, or agent to test and ascertain that the approved smoke detectors are in operating condition; and
(g) No person shall, except in cases of fire, or for the purpose of repair and maintenance, remove or tamper with fire extinguishers, fire escape, fire hoses, nozzles, or other fire control or fire extinguishing equipment, or fire reporting equipment, including a smoke detector in, or about, any of the building or other premises.
(Ord. passed 1-15-1996)