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Tucson, AZ Code of Ordinances
TUCSON, ARIZONA CHARTER AND GENERAL ORDINANCES
ADOPTING ORDINANCES
PART I CHARTER*
PART II TUCSON CODE
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 3 RESERVED*
Chapter 4 ANIMALS AND FOWL*
Chapter 5 BICYCLES AND SHARED MOBILITY DEVICES*
Chapter 6 BUILDINGS, ELECTRICITY, PLUMBING, AND MECHANICAL CODE*
Chapter 7 BUSINESSES REGULATED*
Chapter 7A CABLE COMMUNICATIONS*
Chapter 7B COMPETITIVE TELECOMMUNICATIONS
Chapter 7C RESERVED*
Chapter 7D LOCATION AND RELOCATION OF FACILITIES IN RIGHTS-OF-WAY
Chapter 8 CITY COURT*
Chapter 9 PUBLIC SAFETY COMMUNICATIONS*
Chapter 10 CIVIL SERVICE--HUMAN RESOURCES*
Chapter 10A COMMUNITY AFFAIRS
Chapter 10B HOUSING AND COMMUNITY DEVELOPMENT*
Chapter 10C RESERVED*
Chapter 11 CRIMES AND OFFENSES*
Chapter 11A GENERAL SERVICES DEPARTMENT*
Chapter 11B PLANNING AND DEVELOPMENT SERVICES DEPARTMENT*
Chapter 12 ELECTIONS*
Chapter 12A BUSINESS SERVICES DEPARTMENT
Chapter 13 FIRE PROTECTION AND PREVENTION*
Chapter 14 LABOR ORGANIZATION AND EMPLOYEE ASSOCIATION ELECTION PROCEDURE, MEET AND CONFER AND MEET AND DISCUSS*
Chapter 15 ENVIRONMENTAL SERVICES DEPARTMENT*
Chapter 16 NEIGHBORHOOD PRESERVATION*
Chapter 17 HUMAN RELATIONS*
Chapter 18 SELF-INSURED RISK PROGRAM AND TRUST FUND*
Chapter 19 LICENSES AND PRIVILEGE TAXES*
Chapter 20 MOTOR VEHICLES AND TRAFFIC*
Chapter 21 PARKS AND RECREATION*
Chapter 22 PENSIONS, RETIREMENT, GROUP INSURANCE, LEAVE BENEFITS AND OTHER INSURANCE BENEFITS*
Chapter 23 LAND USE CODE*
Chapter 23A DEVELOPMENT COMPLIANCE CODE*
Chapter 23B UNIFIED DEVELOPMENT CODE*
Chapter 24 SEWERAGE AND SEWAGE DISPOSAL*
Chapter 25 STREETS AND SIDEWALKS*
Chapter 26 FLOODPLAIN, STORMWATER, AND EROSION HAZARD MANAGEMENT*
Chapter 27 WATER*
Chapter 28 TUCSON PROCUREMENT CODE*
Chapter 29 ENERGY AND ENVIRONMENT
Chapter 30 DEPARTMENT OF TRANSPORTATION*
DISPOSITION TABLE - 1953 CODE
CODE COMPARATIVE TABLE
Tucson, AZ Unified Development Code
Tucson Administrative Directives
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Secs. 16-5--16-9. Reserved.
ARTICLE II.
MAINTENANCE STANDARDS
Sec. 16-10. Scope.
In this article, unless otherwise provided, the "building interior" section applies to the interior, utility service, plumbing and mechanical equipment of all residential dwellings and dwelling units. The "building and structure exteriors" section applies to all structures and buildings in the city. The "exterior premises and vacant land" section applies to all land, vacant or improved, in the city. The provisions related to dilapidated, vacant, and nuisance structures apply to all structures and buildings in the city.
(Ord. No. 9816, § 15, 2-24-03)
Sec. 16-11. Building interior.
   (a)   Fire safety.
   (1)   The presence and operations of window openings, size and condition of exits, bars, grills, grates covering windows and openings shall allow for safe and rapid egress in emergency situations. At least one (1) window and all doors in living/sleeping rooms in dwelling units must have an operable release mechanism that allows safe and rapid egress without the use of separate tools.
   (2)   Every dwelling unit or guest room shall have unobstructed access directly to the outside, or to a public corridor. Every door, stairway, passageway or other means of exit shall be of sufficient size, width and arrangement so as to provide safe and rapid egress in the event of fire. Every walking surface of any means of exit shall be maintained free of warping, rotting, or other damage or obstructions so as to provide safe and rapid egress in the event of fire.
   (3)   Every existing dwelling unit shall be provided with smoke detectors in good operating condition as required by the Tucson Fire Code of the City of Tucson.
   (b)   Heating, cooling and ventilation systems.
   (1)   Heating. Every habitable room within a dwelling unit, guest room, and congregate residence shall be provided with safe heating facilities which are properly installed and maintained in a sound condition and are capable of providing adequate heating, appropriate for the climate, to assure a safe living environment. All heating facilities shall be free from health hazards associated with ventilation, mounting, electrical and gas connections and other defects. Unvented fuel-burning heaters must be of a listed and approved type, and are prohibited as the sole source of heating. Ovens, stoves or ranges, or other cooking appliances cannot be used for the purpose of heating any portion of a dwelling. Listed, portable space heaters may only be used as the sole source of heating on a temporary basis when the permanent heating system is being repaired or replaced.
   (2)   Cooling. Every dwelling unit, guest room, and congregate residence shall be provided, in all habitable rooms, with either mechanical cooling or an alternate cooling method, to assure a safe living environment. Cooling facilities shall be installed and maintained in a safe condition and in accordance with the manufacturer’s recommendations, and shall comply with the following:
   a.   Air conditioners shall be capable of producing ambient temperatures at or below eighty-two (82°) degrees. Measurements shall be taken at a distance of three (3) feet above the floor in center of the room.
   b.   Evaporative coolers shall be capable of producing ambient temperatures below eighty-six (86°) degrees. Measurements shall be taken at a distance of three (3) feet above the floor in center of the room.
   c.   Evaporative cooling shall be maintained to be free of excessive rust, corrosion or mineral deposits that limit proper operation. Any mounting apparatus for a cooling facility must be structurally sound.
   d.   Mechanical fans or portable evaporative cooling devices may only be used on a temporary basis as the sole source of cooling when the permanent cooling system is being repaired or replaced.
   (3)   Ventilation.
   a.   Habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than five (5) square feet. A mechanical ventilating system may be provided in lieu of required exterior openings for natural ventilation, so long as such system is capable of providing thirty-five one-hundredths (0.35) air changes per hour and so long as the air supply is taken from the outside.
   b.   Bathrooms, laundry rooms, water closet compartments and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one and one-half (1 1/2) square feet. A mechanical ventilation system connected directly to the outside may be provided in lieu of these required exterior openings for natural ventilation in bathrooms that contain a bathtub, shower or combination thereof; laundry rooms; and similar rooms. Such a system must be capable of providing five (5) air changes at the rate of fifty (50) cubic feet per minute if the system operation is intermittent; or twenty (20) cubic feet per minute if the operation is constant. The point of discharge of exhaust air shall be at least three (3) feet from any opening into the building. In bathrooms containing only a water closet, lavatory or combination thereof; or in similar rooms, ventilation may be provided with an approved mechanical recirculating fan or a similar device designed to remove odors from the room.
   (c)   Electrical system.
   (1)   All dwellings and dwelling units shall be provided with electrical service. Electrical facilities connected to or in any building or structure are to be maintained hazard-free and in a state of good repair. The electrical system shall be free from such hazards as bare wiring; overloaded circuits or services; equipment not properly grounded; over-fused circuits; misuse of wiring, including the use of extension cords in lieu of permanent wiring; non-approved wiring; and wiring exposed to moisture or extreme heat. Broken, loose, frayed, inoperable, defective or missing portions of the electrical service, lines, switches, outlets, fixtures and fixture coverings shall be repaired or replaced.
   (2)   All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner and in accordance with all applicable laws.
   (3)   Every habitable room must have at least two (2) electrical receptacle outlets, or one (1) outlet and one (1) electric light fixture. Every bathroom, water closet compartment, and laundry room must have at least one (1) electric light fixture.
   (d)   Mechanical equipment. All mechanical equipment and appliances shall be properly installed, maintained in a safe, working, operating condition, and shall be free of any defect that impairs operability.
   (e)   Plumbing systems.
   (1)   Dwelling units shall be provided with one (1) or more bathrooms equipped with a water closet, lavatory, and either a bathtub or shower. Hotels or subdivisions thereof where both sexes are accommodated shall contain at least two (2) separate toilet facilities that are conspicuously identified for male or female use, each of which contains at least one (1) water closet. Additional water closets shall be provided on each floor for each sex at the rate of one (1) for every additional ten (10) guests or fractional part thereof, in excess of ten (10). Each sink, bathtub and shower shall have hot and cold running water as necessary for its normal operation and use.
   (2)   All dwellings or dwelling units shall have a kitchen, which shall include an indoor cooking area. The cooking area must be provided with a sink separate and apart from any bathroom sink or lavatory. Each kitchen sink shall have hot and cold running water necessary for its normal operation and use.
   (3)   All plumbing systems are to be maintained safe and hazard free and in a state of good repair. Every dwelling or dwelling unit shall have an adequate potable water supply. Every plumbing fixture, water and waste-pipe, and gas connection shall be properly installed in accordance with all applicable laws and maintained in good and sanitary working condition so as to prevent structural deterioration or health hazards, and are to be free from leaks and obstructions.
   (4)   All plumbing fixtures shall be connected to a public sewer system or to an approved private sewage disposal system, with the connections free from leaks, blockages, or other defects. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation.
   (5)   When a structure is equipped with a gas supply system, it must be installed and maintained in a safe, hazard-free condition.
   (f)   Interior surfaces and features.
   (1)   Every wall or vertical support must be sufficient to carry imposed loads safely, and must not lean, buckle, or split due to defect or lack of maintenance.
   (2)   Every ceiling, roof, and ceiling and roof support must be sufficient to carry imposed loads safely, and must not buckle, sag or split due to defective material or deterioration.
   (3)   Every floor and floor support shall be maintained in a safe and structurally sound condition, and every existing floor covering shall be maintained in safe condition that is free of defect or deterioration that creates an unsafe or unsanitary condition.
   (4)   Every interior door, cabinet, and other feature shall be maintained in a safe and structurally sound condition.
   (5)   All interior coverings, finishes, surfaces including walls, ceilings and floors shall be maintained in a good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. All walls, ceilings or floors shall be free from holes, breaks and loose or rotting materials. Cracked or loose plaster, wallboard, decayed wood or other defective surface conditions shall be corrected.
   (6)   All repair work shall be done in a workman like manner.
   (g)   Interior sanitation.
   (1)   The interior of every building or structure shall be maintained free from any unsafe or unsanitary accumulation of refuse.
   (2)   All sanitary facilities shall be installed and maintained in a safe and sanitary condition.
   (3)   Every dwelling unit must have a kitchen, which shall include a sink. Sinks, drain boards and countertops adjacent to the kitchen sink shall be made of non-absorbent materials, or must be covered by a non-absorbent material.
   (h)   Interior insect and rodent control. The interior of all buildings and structures shall be kept free from infestation of insects, rodents and other noxious pests where such infestation threatens the health, safety or welfare of a person or persons.
   (i)   Ceiling heights. Habitable space, kitchens, halls, bathrooms and toilet compartments must have a ceiling height of not less than seven (7) feet measured to the lowest projection of the ceiling. If any room has a sloping ceiling, at least one-half ( 1/2) of the room area must have the prescribed minimum ceiling height.
   (j)   Access control.
   (1)   Exterior doors, including sliding glass doors, must have an operable locking mechanism. Double cylinder dead bolt locks or other mechanisms that prevent rapid egress in case of fire or other emergency are prohibited.
   (2)   All windows must have an operable locking mechanism.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 2, 3-1-05; Ord. No. 10833, § 2, 8-4-10; Ord. No. 11826, § 1, 3-9-21)
Sec. 16-12. Building and structure exteriors.
   (a)   Exterior surfaces
   (1)   Weather protection. All weather-exposed exterior surfaces of every building, including windows and doors, shall provide weather protection. Every building shall be weather protected to provide shelter for the occupants against the elements and to exclude moisture and dampness.
   (2)   Protective treatment. All exterior wood surfaces, except for decay-resistant woods, must be protected from deterioration and from the elements by paint or other protective treatment or covering. Any exterior wood surface that has paint that is peeling, flaking, cracked, blistered or chipped, resulting in bare, unprotected surfaces, must be repainted. All metal surfaces subject to corrosion or rust must be treated or coated to inhibit corrosion and rust, unless corrosion or rust is a design element.
   (3)   Boarded window or door openings.
   a.   No occupied structure may have boarded window or door openings, except as necessary on a temporary basis to keep the structure secure while under repair.
   b.   While vacant structures may temporarily be secured by boarding up window and door openings in accordance with section 16-14(b), having or maintaining boarded window or door openings on a vacant structure for one hundred eighty (180) days or more in any one (1) year period is prohibited.
   (4)   Windows, skylights and doors. Every window, skylight, door and all associated frames, shall be kept in sound condition, repair and weather tight. All glazing materials shall be maintained free from cracks and holes. Every window, other than a fixed window, shall be easy to open and capable of being held in position by window hardware. All window and door hardware shall be maintained in good condition and shall function properly.
   (5)   Decorative features. All cornices, belt courses, corbels, trim, eaves, fascia, soffit, wall facings and similar decorative features shall be maintained in good repair, free of decay, rot or loose material, and have proper anchorage.
   (b)   Foundations, walls, roofs, and chimneys. Every foundation, wall, roof, chimney and all exterior surfaces of buildings and structures shall be maintained in structurally sound condition and shall provide weather protection. All wood showing evidence of termite damage or decay, where structural or functional integrity is impaired, shall be replaced.
   (1)   Foundations. All foundations shall be maintained in a safe condition and shall be capable of supporting the load placed thereon by normal use. Foundations shall have effective waterproofing.
   (2)   Walls. Exterior walls shall be maintained in a sound condition that is substantially weathertight and weatherproof, and shall be protected from the elements by paint or other approved protective covering. Exterior walls must be free of loose, crumbling or deteriorated plaster or rotted, split or buckled exterior wall coverings.
   (3)   Roofs. The roof of every building or structure shall be maintained in a safe condition and shall provide weather protection for that building or structure. Roof coverings shall not be rotted, broken, split, buckled or otherwise deteriorated. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structures. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.
   (4)    Chimneys. All chimneys must be maintained to be structurally safe and in sound condition.
   (5)   Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.
   (c)   Stairways, decks, and porches. All stairways, decks and porches shall be maintained in a safe condition and shall be capable of supporting the load and resisting all forces placed thereon by normal use. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads, and shall be maintained in good condition.
   (d)   Coolers. Evaporative coolers, cooler stands, and any cooler mounting apparatus must be maintained in a safe condition. Cooler stands and any mounting apparatus must be structurally sound.
   (e)   Accessory structures. All accessory structures, including but not limited to detached garages, fences and walls, must be structurally sound and free of disrepair. Examples of disrepair include missing slats, posts or blocks, or damage, deterioration, or rot. Fences and walls cannot be constructed or covered with materials not designed or commonly used for that purpose, such as pallets and tarps. Fences and walls must be properly anchored so as not to be in danger of failure or collapse.
   (f)   Address display.
   (1)   General requirements:
   a.   All structures, whether new or existing, designed for human occupancy or use which have an assigned address shall display the address in a manner to be plainly legible and visible from the street or road fronting the property.
   b.   Upon commencement of construction, the assigned address shall be displayed at the primary access of the subject lot parcel or structure. The address display may be temporary signage during construction.
   c.   Permanent address display shall be installed on all buildings, tenant spaces and entrance signage, or as otherwise required by this section, prior to building inspection final approval, certificate of occupancy or occupancy of any building or structure. Display shall be required at all times thereafter, conforming to this section.
   d.   More than one (1) address or number display may be required for each building or site.
   e.   The complete address shall be displayed on all corner buildings at a street intersection, for each side of the building facing any street.
   f.   Addresses shall be displayed and visible from both directions of approaching vehicular travel.
   g.   Numbers and letters shall be made of durable and clearly visible material. Paint shall not be considered durable for building addresses.
   h.   Numbers and letters shall be of colors contrasting with the background of the sign or wall to which they are attached.
   i.   Numbers and letters shall have a minimum proportion ratio of height to width of six to one (6:1). The formula is w = h/6, where w is width and h is height in inches.
   j.   Numbers shall not be spelled.
   k.   All height requirements stated in this section are minimum sizes.
   (2)   Residential requirements: The address numbers assigned shall be conspicuously placed immediately at the appropriate location on each building, structure entrance or at the property access point.
   a.   For properties containing multiple addresses, addresses shall be placed near the primary entrance in addition to the structure placement.
   b.   A building or structure set back fifty (50) feet or more from the curb line or edge of pavement shall permanently display the address a minimum of thirty-six (36) inches from ground level at the primary access point of the property. Structure display may also be required by the addressing official.
   c.   Minimum number height shall be three (3) inches.
   (3)   Apartments: The address numbers assigned shall be conspicuously placed immediately at the property access points, appropriate locations on each building, and structure entrances.
   a.   Building numbers shall be a minimum of fifteen (15) inches in height.
   b.   Apartment number ranges shall be placed below building numbers or on signage near the building. Apartment number ranges shall be a minimum of eight (8) inches in height.
   c.   Individual apartment numbers shall be a minimum of three (3) inches in height for exterior entrances and a minimum of one (1) inch in height for interior (hallway) entrances.
   d.   Both exterior signage and interior numbering may be required by the addressing official on specific development types.
   (4)   Apartment complex with multiple buildings:
   a.   All buildings shall have pedestrian directional signage visible from both directions of pedestrian travel, with numbers a minimum of two (2) inches in height.
   b.   All interior accessory buildings, structures and pool areas shall be identified and have directional signage.
   c.   The apartment complex shall have entrance signage at all access points addressed.
   d.   For access points that enter the complex from other than the addressed street, the complete address shall be displayed on entrance signage.
   e.   Site and building addresses shall be visible at all times.
   (5)   Commercial: The address number assigned shall be conspicuously placed immediately at each property access point, and the appropriate locations on each building, and each structure entrance.
   a.   Buildings or structures set back no more than fifty (50) feet from the curb line or edge of pavement shall display a twelve-inch minimum height number.
   b.   Buildings or structures set back more than fifty (50) feet from the curb line or edge of pavement shall display a fifteen-inch minimum height number.
   c.   Individual addresses shall be placed near the primary entrance, a minimum of three (3) inches in height.
   d.   The low and high number range may be displayed on buildings with multiple addresses, a minimum of twelve (12) inches in height.
   e.   Site and building addresses shall be visible at all times.
   (6)   RV and mobile home park: The address numbers assigned shall be conspicuously placed immediately at each property access point, and at the appropriate locations for each building, structure, and property rental space.
   a.   Number height:
   1.   Space, directional signage and internal street signage numbers shall be a minimum of three inches; and
   2.   Building numbers shall be a minimum of six (6) inches.
   b.   Park owners shall provide current maps of the park, describing the locations of structures, buildings and spaces, to the fire code official upon request.
   (7)   Entrance signage: Where this section requires entrance signage, the address or address numbers assigned shall be placed at primary access points immediately and shall be permanently installed prior to first occupancy of any internal structure or building.
   a.   Numbers or address shall be a minimum of twelve (12) inches in height on all entrance signage.
   b.   Complete address display shall be required at all street access points in addition to the primary access street.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 3, 3-1-05; Ord. No. 10833, § 3, 8-4-10; Ord. No. 11126, § 2, 11-6-13)
Sec. 16-13. Exterior premises and vacant land.
   (a)   Accumulation of vegetation prohibited. Each owner, lessee, tenant, resident or occupant shall maintain a property so it is free of the accumulation or untended growth of vegetation. The accumulation or untended growth of vegetation means the presence of plants on property that create a fire, safety or health hazard, or that attract vermin either on the property, on neighboring properties, or on both, and includes but is not limited to:
   (1)   Any lawn grass that exceeds six (6) inches in height.
   (2)   All weeds that exceed six (6) inches in height.
   (3)   Dead trees or dead shrubs.
   (4)   Dead palm fronds within ten (10) feet of the ground, a structure, a fence or wall, or of any combustible other than the tree from which the fronds have grown;
   (5)   Any tree, shrub, or other form of vegetation of any kind on the property or on the adjoining right-of-way, street, or alley that extends over or under the sidewalk space or roadway in a manner that may interfere with the reasonable use of the street, sidewalk, or alley for pedestrian or vehicular traffic of any kind or that may obstruct the view or light distribution of traffic-control devices or luminaries. Vegetation must be trimmed and maintained to provide an unobstructed pedestrian path a minimum of forty eight (48) inches in width and eighty (80) inches in height from grade.
   (b)   Accumulation of refuse and debris prohibited. Each owner, lessee, tenant, resident or occupant shall maintain a property so it is free of accumulated refuse and debris. Accumulated refuse and debris means contained or uncontained refuse and debris that is present on the property in a manner not authorized by the Tucson Code. Material recycling facilities meeting the requirements of section 15-24.7 are exempt from this prohibition.
   (c)   Composting permitted on residential property; standards and procedures; violation. The provisions of subsections (a) and (b) of this section do not prohibit the maintenance of a compost pile on residential property, so long as the compost pile does not create a hazard and is:
   (1)   Contained;
   (2)   Maintained so as not to produce offensive odors or attract flies or vermin;
   (3)   Located, insofar as reasonably possible, so that it is not visible from abutting properties or streets;
   (4)   Maintained in compliance with all rules, regulations and procedures that may be promulgated by the code official.
A compost pile not in compliance with all the provisions of this section is in violation of this chapter.
   (d)   Duty to remove weeds, debris and refuse from abutting sidewalks, streets and alleys upon notice. Upon receipt of notice served pursuant to section 16-45, the owner, lessee, tenant or occupant of any premises shall remove from the premises and the abutting portions of contiguous sidewalks, streets and alleys, all weeds, garbage, debris or other refuse which may endanger the health, safety or welfare of the persons in the vicinity of such premises. This duty extends to and includes any abutting sidewalk area and one-half (1/2) the width of abutting alleys, from the property line to the center line of the alley.
   (e)   Exterior insect, rodent and animal control. All premises shall be kept free from infestation of insects, rodents and other noxious pests where such infestation threatens the health, safety or welfare of a person or persons.
   (f)   Burning of refuse prohibited. Except as specifically permitted by this or other adopted codes, the open burning or incineration of refuse is prohibited.
   (g)   Exterior hazard or attractive nuisance. All premises shall be kept free of any condition that constitutes a health hazard, imminent hazard, or attractive nuisance. Such prohibited conditions include, but are not limited to, the following:
   (1)   Abandoned refrigerators. All premises shall be kept free of iceboxes, refrigerators or other containers with a capacity of one and one-half (1 1/2) cubic feet or greater that have an attached door or lid, snaplock or other locking device that may not be released from the inside and that are abandoned, discarded or no longer used for refrigeration and are in any place accessible to children. In addition to any other remedy provided under this chapter, a code official may immediately and without prior notice remove an attached door, lid or other locking device or take other similar action to abate the hazard presented.
   (2)   Hazardous excavations. All premises shall be kept free of abandoned or unsecured excavations; or any excavation that creates a hazard to public safety or an attractive nuisance. An excavation made under permit and secured and maintained in a manner that complies with the applicable permit requirements is not considered a violation of this section.
   (3)   Hazardous pools. Any swimming pool or other contained body of water that contains water eighteen (18) inches or more in depth at any point and that is wider than four (4) feet at any point and is intended for swimming must be properly secured and maintained so as not to create a hazard to public safety, a health hazard or attractive nuisance, and shall be entirely enclosed by a wall, fence or other barrier that is adequate to prevent access by children. Water shall not be allowed to stagnate or to harbor insect infestation.
   (h)   Outdoor storage. Outdoor storage on residential properties is prohibited under the following conditions:
   (1)   When stored in the front yard.
   (2)   When stored in the side yard or rear yard and is not screened by a minimum five (5) foot high solid wall or opaque fence.
   (3)   When exceeds twenty five (25) percent of the total lot area.
   (4)   When stored in an open covered porch that is visible from beyond the boundaries of the lot.
   (5)   When stored in an open carport that is visible from beyond the boundaries of the lot where the amount of storage restricts an automobile from being properly stored within the carport. A double carport will require enough space to store two (2) automobiles.
   (6)   When storage items include garbage, refuse or debris.
   (i)   Sidewalks, driveways, parking areas. All paved sidewalks, walkways, stairs, steps, driveways and parking areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 4, 3-1-05; Ord. No. 10348, § 5, 11-28-06; Ord. No. 10833, § 4, 8-4-10; Ord. No. 11126, § 3, 11-6-13)
Sec. 16-14. Dilapidated structures; vacant and unsecured structures; buildings and structures constituting a nuisance.
   (a)   Dilapidated structures. Buildings or structures that are so deteriorated, damaged, dilapidated, or in need of repair so as to present a threat to the health, safety and welfare of the community constitute a nuisance and shall be abated by repair, rehabilitation or demolition as provided in Article VI of this chapter.
   (b)   Vacant and unsecured buildings or structures. Vacant and unsecured buildings or structures are unlawful and are prohibited by this chapter. The requirements of this subsection (b) shall apply to all vacant and unsecured buildings or structures, regardless of whether or not the building or structure is surrounded in whole or in part by a fence or wall.
   (1)   Duty to clean, secure and prohibit trespass.The owner or responsible party of a vacant building or structure shall remove any accumulation of weeds, combustible waste, or refuse from the interior of the building or structure and the surrounding yards; and shall secure all doors, windows, and other openings to prevent unauthorized entry. The owner or responsible party also shall post both the structure and the exterior premises with signs to provide conspicuous and reasonable notice prohibiting entry (i.e., "No Trespassing" signs).
   (2)   Reinspection of secured buildings and structures.The code official shall periodically reinspect a building or structure that was cleaned or secured pursuant to an administrative or judicial order to ensure continued compliance with the order and this chapter. The code official may assess a reinspection fee for actual costs of each inspection in those instances where the building or structure is again found to be vacant and unsecured or in need of debris or weed removal.
   (3)   Abatement of vacant and unsecured buildings or structures. When ordered abated, a vacant and unsecured building or structure shall be cleaned and secured as follows:
   a.   All accumulated refuse that poses a fire or health hazard within or upon the property or premises shall be removed; and
   b.   All unsecured doorway, windows, or exterior openings shall be barricaded in accordance with standards established by the code official, which shall be kept on file with the city clerk, and in accordance with section 16-12(A)(3) of this chapter; and
   c.   Both the structure and the exterior premises shall be posted with signs that provide reasonable notice prohibiting entry (i.e., "No Trespassing" signs).
   (c)   Buildings and structures constituting a nuisance. All buildings and structures are to be maintained so as not to pose a threat to the health and safety of any person or persons. The condition of a building or structure that meets any or all of the following is a public nuisance, is a violation of this chapter, and subjects the building or structure to abatement as provided in Article VI of this chapter, including demolition as provided in section 16-65:
   (1)   The building or structure lacks safe and adequate means of exit in case of fire or panic.
   (2)   The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1 1/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
   (3)   The building, structure or any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the damage and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
   (4)   The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
   a.   An attractive nuisance to children; or
   b.   A harbor for trespassers or persons committing unlawful acts.
   (5)   The building, structure, or any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to partially or completely collapse and thereby injure persons or damage property.
   (6)   Any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof 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 ( 1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
   (7)   Any portion of a building or structure that has wracked, 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 walls or other vertical structural members of the building or structure list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
   (9)   The building or structure, excluding the foundation, has thirty-three (33) percent or more damage or deterioration to the supporting member or members or structural assembly, or fifty (50) percent damage or deterioration to the nonsupporting members, enclosing or outside walls or coverings.
   (10)   The building or structure is infested by rodents, insects or other noxious pests, rendering it uninhabitable.
   (11)   The building or structure exhibits conditions that present actual or imminent hazards or dangers, or is otherwise unsafe for the purpose for which it is being used.
   (12)   The building or structure, whether or not erected in accordance with all applicable laws, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent of the (a) strength, (b) fire- resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
   (13)   A dwelling is unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
   (14)   The building or structure, because of obsolescence, dilapidated condition, damage, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause.
   (15)   The building or structure has been found, upon reinspection, to be vacant and unsecured, and either:
   a.   The code official has issued at least one (1) previous abatement order to secure within the preceding twelve (12) months, or more than three (3) abatement orders to secure over any time frame; or
   b.   The code official has secured the building or structure on at least one (1) previous occasion within the preceding twelve (12) months, or more than three (3) times over any time frame.
   (16)   A building or structure or portion thereof remains for any period of time on a site after the demolition or destruction of the building or structure; or normal construction of an unfinished or incomplete building or structure has ceased for a period of more than twelve (12) months.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 5, 3-1-05; Ord. No. 10638, § 2, 3-3-09; Ord. No. 10833, § 5, 8-4-10)
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