CHAPTER 1310
Enforcement and Penalty
1310.01   Applicability.
1310.02   Inspection.
1310.03   Certificate of necessity.
1310.04   Entry.
1310.05   Notice to abate violations.
1310.06   Structures unfit for human habitation or unsafe for use.
1310.07   Appeals.
1310.08   Emergencies.
1310.09   Violations.
1310.99   Penalty.
 
1310.01 APPLICABILITY.
   (a)   Every residential and nonresidential structure and the premises on which it is situated in the City, used or intended to be used, shall comply with the provisions of this Code, whether or not such structure has been constructed, altered, or repaired before or after the enactment of this Code. This Code establishes minimum standards for the initial and continued occupancy and use of all such structures. Any alterations to structures or changes of use therein, which may be caused directly or indirectly by the enforcement of this Code, shall be done in accordance with applicable sections of the Building and Zoning Codes of the City. Where there is mixed occupancy, residential and nonresidential use therein shall be, nevertheless, regulated by and subject to the provisions of this Code.
 
   (b)   In any case where the provisions of this Code impose a higher standard than set forth in any other ordinance of the City or under the laws of the State, then the standards set forth herein shall prevail; but if the provisions of this Code impose a lower standard that any other ordinance of the City or the laws of the State, then the higher standard contained in any such other ordinance or law shall prevail.
 
   (c)   After the date of enactment hereof, all permits shall be issued upon compliance with this Code as well as compliance with the ordinances under which such permits are granted.
 
   (d)   No permit or other certification of compliance with this Code shall constitute a defense against any violation of any other ordinance of the City applicable to any structure or premises; nor shall any provision herein relieve any owner, agent, or occupant from complying with any such other provision; nor any official of the City from enforcing any such other provision.
 
   (e)   This Code establishes minimum requirements for the initial and/or continued occupancy of all buildings and structures and does not replace or modify requirements otherwise established for the construction, repair, alteration, or use of buildings, equipment or facilities except as provided in this section.
(Ord. 1989-36. Passed 7-10-89.)
1310.02 INSPECTION.
   (a)   The Administrator is hereby authorized and directed to make inspections when:
      (1)   There exists reasonable grounds to believe that a violation of the provisions of this Code has been committed; or
      (2)   In response to a complaint that an alleged violation of the provisions of this Code has been committed; or
      (3)   When periodic inspections are required in accordance with this Code.
 
   (b)   All structures and premises subject to this Code are subject to inspection as necessary by the Administrator of the City. Upon written notice delivered by hand or by regular mail from the Administrator that an interior inspection is needed, all interior parts of the premises shall be made available and accessible. The owner, agent, and/or occupant are required to provide the necessary arrangements to facilitate such interior inspections.
 
   (c)   Exterior inspections shall be made on a periodic basis by area. Notification of such exterior inspection and the area to be inspected prior to inspection shall be published in a local newspaper.
 
   (d)   Where an owner, agent, occupant, bona fide prospective purchaser, bona fide prospective occupant, or mortgagee request a status report as to whether or not there are any known violations presently pending on such premises, upon payment of the required fee and the written request, a copy of any notice or order of any violation then pending and/or the most recent Certificate of Occupancy shall be sent to the applicant. The term "bona fide" shall mean anyone with a then existing contractual relationship by way of purchase contract or lease.
 
   (e)   The fee for any status report under subsection (d) shall be established by a majority vote of Council.
 
   (f)   Inspections shall be made between the hours of 8:30 a.m. and 5:00 p.m. unless the premises are not available during the foregoing hours for inspections, or there is reason to believe a violation exists of a character which is an immediate threat to health or safety, thereby requiring inspection and abatement without delay or notification.
(Ord. 1989-36. Passed 7-10-89.)
1310.03 CERTIFICATE OF NECESSITY.
   (a)   Where any owner is required to make repairs or otherwise improve his property and is unable to comply with this Code without having the right to access to the structure, accessory structure or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, agent or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon filing of an affidavit setting forth the facts with the Administrator, the Administrator shall serve a five day notice in writing, of a hearing upon the owner, the agent, or the occupant of any adjoining premises affected by the application.
 
   (b)   On the day fixed for the hearing, the Board shall provide opportunity for the owner of the adjoining property or properties to state why access should not be granted across such adjoining properties.
 
   (c)   If the Board determines that access is deemed necessary for the compliance with this Code, the Board shall, with the approval of the Mayor, direct the City Law Director, or his designee, to take such steps as are necessary to acquire access to the adjoining property. These actions may include, but are not limited to the following:
      (1)   The acquisition of an easement by the City on the adjoining property;
      (2)   A contractural arrangement with the adjoining property owner holding him harmless and/or indemnifying the adjoining owner from any and all damages which may occur on the adjoining property as a result of the intrusion thereon;
      (3)   A contractural arrangement with a private contractor for the performance of the work necessary to bring the offending property owner into compliance.
 
   (d)   (1)   All repairs or other improvement required to be made under the circumstances set forth in this chapter shall be performed by individuals who maintain insurance policies covering property damage and bodily injury in the amount of one hundred thousand dollars ($100,000). Proof of said insurance must be given to the Board by the offending owner prior to the hearing required in paragraph (b) hereinabove.
      (2)   In the event the offending owner fails to provide proof that a qualified and insured individual will perform the required repairs or other improvements prior to said hearing, the Board shall deny the right of access to the offending owner.
 
   (e)   No such action legally obligating the City shall be taken by the Law Director without the City first having entered into a contract with the offending property owner requiring said property owner to reimburse the City for the direct costs it may incur as a result of these procedures.
(Ord. 1989-36. Passed 7-10-89.)
1310.04 ENTRY.
   The Administrator is hereby authorized to enter on and into and inspect all structures, accessory structures or premises subject to the provisions of this Code for the purposes of determining whether there is compliance with its provisions:
   (a)   Upon presentation of proper credentials, the Administrator may enter at reasonable times, any structure, accessory structure or premises in the City to perform any duty imposed on him by this Code.
   (b)   If an owner or occupant shall refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the Administrator may seek in a court of competent jurisdiction, a warrant or that such owner or occupant cease and desist with such interference and/or granting necessary access by the Administrator to the subject property.
      (Ord. 1989-36. Passed 7-10-89.)
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