Loading...
(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)
(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)
(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)
(a) Prohibited storage.
(1) No person owning or having custody of any junked or inoperable vehicle may store such vehicle on private property, or on any sidewalks, streets or alleys, within the city, except as otherwise permitted under this section;
(2) No person owning, occupying or in control of any private property within the city may store any junked or inoperable vehicle on the owned or occupied property, or on any abutting sidewalks, streets or alleys, except as otherwise permitted under this section;
(b) Permitted storage. This section shall not apply to any junked or inoperable vehicle stored on private property if the vehicle:
(1) Is on the premises of a business enterprise operated in a lawful place and manner and licensed by the city under chapter 19 of the Tucson Code, and the storage of the vehicle is necessary to the operation of the business enterprise; or
(2) Is lawfully enclosed within:
a. An enclosed garage or other permanent building lawfully constructed of opaque materials without openings, holes or gaps other than doors and windows;
b. A carport, and an opaque car cover designed for that purpose (and not including tarps, bed sheets, plastic sheeting, or similar materials) completely covers the body of the vehicle; or
c. The rear yard or side yard and screened by any fence, wall or barrier, not less than five (5) feet in height, constructed of opaque materials which screens it from view from any adjacent properties and the public right-of-way, and is equipped with self-latching gates or doors. Such fence, wall or barrier must comply with section 16-12(e).
(c) Persons responsible. Whenever the city finds that any junked or inoperable vehicle is stored on private property or on any abutting sidewalks, streets or alleys in violation of this section, the persons responsible for the violation include the recorded owner, occupant or person in control of the private property, as well as the registered owner or custodian of the vehicle.
(d) Authorization to enter private property for vehicle removal pursuant to court order. Any code official or persons as may be directed by such code official may enter private property to remove or cause the removal of a vehicle upon order of the court pursuant to section 16-60.
(e) Penalty; violation declared a nuisance.
(1) A violation of this section is punishable in accordance with section 16-48 of this chapter.
(2) The unlawful storage of any junked or inoperable vehicle within the city in violation of this section is declared dangerous to the public safety and a public nuisance.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 6, 3-1-05; Ord. No. 10638, § 3, 3-3-09; Ord. No. 11126, § 4, 11-6-13)
ARTICLE III.
SLUM PROPERTY
SLUM PROPERTY
For the purpose of this article, and unless the context otherwise requires:
Managing agent means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.
Residential rental property means property that is used solely as leased or rented property for residential purposes. If the property is a space rental mobile home park or a recreational vehicle park, residential rental property includes the rental space that is leased or rented by the owner of that rental space but does not include the mobile home or recreational vehicle that serves as the actual dwelling if the dwelling is owned and occupied by the tenant of the rental space and not by the owner of the rental space.
Slum property means residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public:
(1) Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings.
(2) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections.
(3) Hazardous electrical systems or gas connections.
(4) Lack of safe, rapid egress.
(5) Accumulations of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.
(Ord. No. 9816, § 15, 2-24-03)
Loading...