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The provisions of this Title Seven
of this Part Thirteen - Building Code shall be known and may be cited and referred to as "The Business Maintenance Code of the City of Richmond Heights" or just "Business Maintenance Code."
(Ord. 78-79. Passed 9-11-79.)
(Ord. 78-79. Passed 9-11-79.)
Within the scope of this Business Maintenance Code, the purpose of this Business Maintenance Code is to establish minimum standards necessary to maintain all structures, other than dwelling structures, safe, sanitary, free from fire and health hazards and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures, other than dwelling structures, in such condition as will not constitute a blighting or deteriorating influence on the neighborhood and the community; to fix responsibilities for owners and occupants of structures with respect to sanitation, repair and maintenance; to authorize the inspection of structures; to establish enforcement procedures; to authorize the vacation or condemnation of unsafe or unfit structures; to provide for the adoption of rules and to fix penalties for violations thereof.
(Ord. 78-79. Passed 9-11-79.)
The provisions of this Business Maintenance Code shall be supplementary to all other provisions of City ordinances relating to the construction, use and maintenance of business buildings and structures and shall apply to all buildings or portions thereof which are not used or designed or intended to be used for residential occupancy.
(Ord. 78-79. Passed 9-11-79.)
(Ord. 78-79. Passed 9-11-79.)
As used in this Business Maintenance Code:
(a) "Approved" means approved by the Building Commissioner or his authorized agent pursuant to this Business Maintenance Code, or approved by any other person or board designated by City ordinances to give approval to the matter in question.
(b) "Basement" means a portion of a building partly or entirely underground, whose ceiling or under part of the floor above is four feet or less above the average finished ground elevation. The "average finished ground elevation" is the mean elevation of the finished grade around all of the exterior of the building.
(c) "Board" means the Zoning Board of Appeals of the City, as created and existing under the provisions of Chapter 1185
of the Zoning Code.
(d) "Building" means any structure having a roof supported by or suspended from columns or walls which may serve as a shelter or enclosure for persons, animals, chattels or property of any kind. The term "building" does not include any vehicle, trailer whether with or without wheels, nor any movable device, such as furniture, machinery or equipment.
(e) "Business" means all uses or occupancies other than residential.
(f) "Code" means this Business Maintenance Code, as contained in this Title Seven of this Part Thirteen - Building Code.
(g) "Commissioner of Building" or "Building Commissioner" means the individual designated by the Mayor as being in charge of the Division of Building Engineering and Inspection in the Department of Public Service and Properties.
(h) "Occupant" means the person who leases or rents a building, structure or any portion thereof. The words tenant and occupant shall be considered synonymous.
(i) "Operator" means a person who has charge, care or control of a business structure.
(j) "Owner" means the owner of the premises, or one of the owners of the premises if owned by more than one person, including the holder of title thereto subject to a contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.
(k) "Person" means any person, firm, partnership, association, corporation, company organization or association of persons of any kind.
(l) "Premises" means a lot, parcel or plot of land, including the buildings or structures thereon.
(m) "Secondary or appurtenant structure" means a structure, the use of which is incidental or accessory to that of the main building and which is attached to the main building or located on the same premises with it, including retaining walls, fences and exterior walks and steps.
(n) "Structure" means anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground and includes, but is not limited to, advertising signs, fences, billboards, backstops for tennis courts and pergolas.
(o) "Supply or supplied" means paid for, furnished, provided by or under the control of the owner or operator.
(Ord. 78-79. Passed 9-11-79.)
(Ord. 78-79. Passed 9-11-79.)
No owner, operator or agent shall occupy, rent or lease, or offer for rental or lease, any business structure or any part thereof which does not comply with the provisions of this Business Maintenance Code.
(Ord. 78-79. Passed 9-11-79.)
(Ord. 78-79. Passed 9-11-79.)
In the event of conflict between any provision of this Business Maintenance Code, including any rules and regulations adopted pursuant to its provisions, and any provision of other City ordinances, including any rules and regulations adopted pursuant to such ordinances, the more restrictive provision shall prevail.
(Ord. 78-79. Passed 9-11-79.)
(Ord. 78-79. Passed 9-11-79.)
Sections and subsections of this Business Maintenance Code and the several parts and provisions hereof are declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision hereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other section, subsection, part or provision thereof.
(Ord. 78-79. Passed 9-11-79.) 7
(Ord. 78-79. Passed 9-11-79.) 7