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The owner of any premises shall comply with the following requirements:
(A) Foundations, walls, chimneys, roofs, and other exterior surfaces. Every foundation, chimney, exterior wall, roof, and all other exterior surfaces shall be maintained in a professional state of maintenance and repair.
(1) The foundation elements shall adequately support the building at all points;
(a) All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed deal and live loads; and
(b) All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(2) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit dampness to the interior portions of the wall or to the interior spaces or structures.
(3) All exterior wood surfaces or exterior surfaces constructed of a material other than wood which needs paint or protective cover or treatment to protect the surface from the elements, other than decay-resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment.
(4) (a) The roof shall be tight, impervious to water, and have no defects which admit water or dampness to the interior of the building. No building roof shall be used for storage of any materials, things, or objects unless approved by the enforcement officer; and
(b) Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions.
(5) All exterior surfaces shall be of a material manufactured and processed specifically for use in a weather-exposed location, including roofing, exterior painted wood, masonry, exposed redwood and other suitable materials. Exterior walls shall be maintained and kept free from dilapidation, including those conditions caused by extensive cracking, tears, or breaks and by extensively deteriorated plaster, stucco, plastic, brick, wood or other materials or combinations of materials.
(6) The exposed surface of exterior walls on a building above ground level shall be maintained in a professional state of maintenance and repair, which will provide both sufficient covering and sufficient protection of the true surface underneath against its deterioration. Without limiting the generality of this section, an exposed surface shall be deemed not to be maintained in a professional state of repair if either of the following conditions exist:
(a) The painted surface area is blistered, cracked, flaked, scaled or chalked away and such conditions, extend over more than 25% of the surface area of any plane or wall or area, including porch trim, cornice members, porch railings and such other areas;
(b) More than 10% of the pointing of any masonry chimney or more than 25% of the pointing of any masonry wall is loose, has fallen out or otherwise does not exist; and
(c) All metal surfaces which can rust or corrode shall be shall be tight, impervious to water, have no defects which admit water or dampness to the interior of the building, and be structurally sound.
(7) Any exterior surface required to be repaired under provisions of this section shall be repaired in its entirety to make it weather-tight, watertight and rodent and insect proof.
(B) (1) Stairs, porches, decks, and railings. Every outside stair and every porch and deck shall be constructed in a professional manner, shall be capable of supporting a load, and shall be maintained and kept in a professional state of maintenance and repair.
(2) Stairs, steps, porches, decks, handrails, balustrades, and guardrails deemed hazardous by the enforcement officer shall be corrected so as to be in a state of maintenance and repair.
(C) Windows, exterior doors, basement hatchways. Every window, exterior door, and basement hatchway shall be kept weather-tight, watertight and rodent/insect proof and shall be kept in a professional state of maintenance and repair.
(1) Every window shall be fully supplied with window panes which are without open cracks or holes.
(2) All window screens shall be in good condition and without open tears or holes.
(3) Every window sash shall be in good condition and fit tight within its frame.
(4) Every exterior door, including but not limited to a storm door, shall have hinges and a latch which shall be in good condition and capable of keeping the door closed at all times. Every exterior door shall be maintained in a professional state of maintenance and repair. If the exterior door requires screens or storm windows, the screens and storm windows shall be provided and maintained in good condition and without tears or holes.
(5) Every exterior door when closed shall fit tightly within its frame.
(6) Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as completely to exclude rain or similar elements and to substantially exclude wind from entering the structure.
(7) Every basement hatchway and window opening shall be maintained in a professional state of repair and shall be so constructed and maintained as to prevent the entrance of rains and surface drainage water into the structure, prevent the entrance of animals, whether domesticated or non-domesticated, and shall be rodent-proof and insect-proof.
(D) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(E) Overhang extensions. All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.
(Ord. 336, passed 6-6-2016)
Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(Ord. 336, passed 6-6-2016)
(A) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(B) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(Ord. 336, passed 6-6-2016)
The owner of any structure or any part thereof which is vacant for a period of 60 days or more shall make the premises safe and secure so as to not be hazardous to the health, safety, and welfare of the public and so as to not constitute a public nuisance. Any vacant structure open at windows or doors, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this section and shall be made safe and secure immediately by boarding the openings. Boarding must be done with sound materials which are securely fastened to the structure and painted with a color consistent with the adjacent surfaces. Nonresidential structures which become vacant must remove exterior signage on the vacant portions of the structures. The premises of a vacant structure shall be maintained in an appropriate manner including, but not limited to, mowing of yard areas; removal of weeds from parking areas, drives, medians, and landscaping; collections and removal of debris; and watering and maintaining landscaping and yard. Any vacant structure which has had window or door openings closed by boarding shall not be reoccupied until such openings have been secured by proper windows or doors.
(Ord. 336, passed 6-6-2016)
In addition to any of the preceding provisions which may be of application to nonresidential, industrial and institutional uses, the following sections apply to all such uses. If one of the sections or provisions which follow conflict with any of the preceding provisions, the provision most favorable to the expressed intent of this chapter shall apply.
(A) Scope. The provisions of this section shall govern the minimum conditions and responsibilities of owners or occupants of commercial property for the maintenance of structures, equipment and exterior property.
(B) Responsibility. The owner or occupants of the commercial premises shall maintain the structures and exterior property in compliance with this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Owner or occupants of a commercial premises are responsible for maintaining the premises in a clean, sanitary and safe condition.
(C) Sanitation. All exterior property areas shall be maintained free from any accumulation of refuse, municipal solid waste, solid waste, rubbish, garbage, litter, animal feces, or refuse.
(D) Insect and rodent infestations. It shall be the responsibility of the owner to exterminate any infestation of rodents, insects, vermin, or other pests in all exterior areas and accessory structures on the premises.
(E) Accessory structures. All accessory structures, including but not limited to detached garages, sheds, and fences, shall be structurally sound and maintained in good repair. All exterior surfaces shall be maintained in a state of good repair.
(F) Stored materials. It shall be unlawful to accumulate and store building material, lumber, boxes, cartons, or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in such manner as to constitute a nuisance or rodent harborage.
(G) Obscuring fences.
(1) It shall be unlawful to maintain outdoor storage abutting a residential district or a property occupied by a 1, 2, 3, or 4 dwelling unit, townhouse or multiple-family dwelling which constitutes a nuisance. Upon a determination that a violation of this section exists, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or landscape screening at an equal or lesser cost than a fence.
(2) Upon receipt of a notarized petition alleging the existence of a public nuisance and signed by 2/3 of the property owners located in an area 1 block in any direction of the subject property, the enforcement officer shall inspect the property. In the event the enforcement officer determines that the outdoor storage constitutes a violation, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or appropriate landscape screening.
(H) Refrigerators and accessible containers. It shall be unlawful to permit a refrigerator or other container, sufficiently large to retain a child and with doors which fasten automatically when closed, to be exposed and accessible to children without removing the doors, lids, hinges or latches.
(I) Foundations, walls, roofs and other exterior surfaces. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a professional state of maintenance and repair.
(1) The foundation elements shall adequately support the building at all points.
(2) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which admit dampness to the interior portions of the walls or to the interior spaces.
(3) All exterior wood surfaces, other than decay-resistant woods and previously painted non-wood surfaces, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment.
(4) The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls.
(J) Windows, doors and hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.
(1) Windows shall be fully supplied with windowpanes which are without open cracks or holes, sashes shall be in sound condition and fit reasonably tight within the frame.
(2) Every exterior door and its hardware shall be in sound condition and fit reasonably well within its frame.
(3) Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure.
(K) Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(L) Motor vehicles. No inoperative or unlicensed motor vehicles or junk vehicles shall be parked, kept, or stored on any commercial premises and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped and dismantled unless such unlicensed or inoperable vehicles are on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with state law.
(M) Dangerous machinery. Accumulation of discarded or disused, dangerous machinery, automobile bodies, or other material or equipment in a manner creating fire or safety hazards from such accumulation.
(N) Other materials. All materials not intended for or a part of landscaping or functionability of the property shall be stored inside a structure suitable for storage or concealed from public view.
(O) Unlawful acts. It shall be unlawful for a person, firm, corporation or its agents to be in conflict with or in violation of any of the provisions of this chapter.
(P) Notice of violation. The ordinance official shall serve notice of violation, order or citation in accordance with § 95.13.
(Q) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 95.13 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the ordinance official shall institute the appropriate proceeding at law or equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(R) Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(S) Enforcement. The remedies provided in this chapter are not exclusive. They are in addition to and do not supersede or preempt other remedies such as injunctive relief, hazardous building condemnation, elimination of public health and safety hazards under Minnesota Statutes, or criminal charges for violation of substantive provisions of any city or state ordinance relating to housing maintenance, health, fire safety, building or zoning. Further, the remedies in this chapter do not supersede or affect the legal rights or remedies of the tenants provided under state law or other ordinance provisions.
(T) Abatement of violation. The imposition of the penalties herein described in this chapter shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 336, passed 6-6-2016) Penalty, see § 95.99
ABANDONED VEHICLES; UNCLAIMED AND EXCESS PROPERTY
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