All nonresidential structures shall be free of all conditions that are dangerous and injurious to the public health, safety and welfare of occupants or others. Without limitation of the foregoing requirement, the basic structural elements of all nonresidential structures shall be structurally sound and the existence of any of the following conditions shall be deemed to be dangerous to the public health, safety and welfare for which a public necessity exists for the repair, closing or demolition of the structure and must be corrected in accordance with the provisions of this chapter.
(A) Access. Access is not provided to all rooms within a structure such that reasonable exit is available if necessitated by circumstances; or all entrances and exits do not meet the standards set forth in the State Building Code; or safe, continuous and unobstructed exit is not provided from the interior of the structure to the exterior at street or grade level; or platforms and steps are not provided, where appropriate, to serve exits or are not maintained in a safe condition.
(B) Attachments, extensions, signs and the like. Loose wood, loose or broken plastic or other dangerous objects or similar hazardous conditions; or loose and insufficiently anchored overhanging objects or attachments that are not safe to use, not kept in sound condition and in good repair, or which constitute a danger of falling on pedestrians or property, or objects and elements protruding from structure walls or roofs which are unsafe or that are not properly secured or which can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets and similar objects; or canopies, metal awnings, standpipes, exhaust ducts, air conditioners and similar overhanging extensions that are not maintained so as to be free of missing, defective, rotting or deteriorated foundations, supports, other members and basic structural elements; or improperly attached gutters or downspouts that are located so as to cause a hazard to pedestrians or property; or gutters and downspouts, if installed, that do not properly collect, conduct and discharge the water from the roof and away from the structure; or advertising signs attached or freestanding awnings, marquees and their supporting members or basic structural elements and other similar attachments that cause a safety hazard to the occupants or others.
(C) Boarding. All openings originally designed as windows, doors, loading docks or other means of egress or ingress which have been temporarily closed by boarding or another manner that are not secure and might allow unauthorized admittance; or boarding that is not trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of the structure; or boarding that is not maintained in a state that secures the structure from any unauthorized admittance of people, animals or birds.
(D) Building Code. Possible violations of the State Building Code and the State Rehabilitation Code, as amended from time to time and any new editions adopted by the State Structure Code Council, including general construction, electrical, plumbing, mechanical and ventilation.
(E) Chimneys. Chimneys, flues and vent attachments thereto which are not structurally sound; or chimneys, flues, gas vents or other draft-producing equipment which are in use that do not provide sufficient draft to develop the rated output of the connected equipment, or are not structurally sound and safe, durable, smoke-tight and capable of withstanding the action of flue gasses; or deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling.
(F) Decay. Rotting, holes and other forms of decay.
(G) Doors, exterior and windows. Broken or missing exterior doors or windows; or exterior doors or windows containing broken or cracked glass that could be in danger of falling or shattering; or exterior doors or windows with missing glass or their frames that are not weather-tight; or doors that are not tight-fitting with frames of proper size and design or not free from rotten wood; or windows without sashes of proper size and design, or not free from rotten wood, broken joints or broken or loose mullions; or which have holes that might permit animals or birds to enter the structure; or defective protection or lack of weather protection for exterior doors or windows including lack of paint or weathering due to lack of paint or other protective covering.
(H) Doors, interior. Doors are not provided at all doorways leading to bathrooms.
(I) Electrical, heating, plumbing. Lack of proper electrical, heating or plumbing facilities which is unsafe or constitutes a health or safety hazard.
(J) Exterior surfaces. Exterior surfaces or finishes that are not weather-tight, water-tight and painted or sealed with sufficient frequency to protect the underlying surface from deterioration; or are not maintained in such material or treated in such a manner as to prevent deterioration or crumbling; or are not repaired or replaced with like or similar material according to its original use; or have holes, cracks or rotted boards which permit outside air or water to penetrate rooms or animals or birds to enter; or exterior surfaces that have been painted which are not maintained generally free of peeling and flaking or that may cause unsafe conditions due to a lack of maintenance; or deterioration or crumbling of exterior stone, brick, plasters or mortars. (Where 50% or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire surface shall be repainted in order to prevent further deterioration.) Where a wall of a structure has become exposed as a result of demolition of adjacent structures, such wall does not have all doors, windows, vents or other similar openings closed with material of the type comprising the wall; or the exposed wall is not painted, stucco finished or bricked with like materials and sufficiently weatherproofed to prevent deterioration of the wall.
(K) Feature, exterior. Deterioration of any exterior feature, including, but not limited to, cornices, entablatures, wall facings and architectural details, so as to create or permit the creation of any hazardous or unsafe conditions; or that are deteriorated and causes delamination, instability, loss of shape and form or crumbling; or exterior features that are not structurally sound; or that contain rotten or weakened portions requiring repair and/or replacement.
(L) Fire and the like. Such damage by fire, wind or other causes so as to render the structure unsafe; or defects significantly increasing the hazards of fire, accident or other calamities; or inadequate facilities for egress in case of fire or panic.
(M) Floors. Floors that are not kept structurally sound or which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; or deterioration of flooring, floor supports, horizontal members or basic structural elements that causes leaning, sagging, splitting, listing or buckling; or floors or flooring that are not maintained in a safe manner and have no defects; or which might admit rain or cause dampness in the walls or interior portion of the structure; or are not maintained by renewal, repair, waterproofing or other suitable means; or which have holes that might permit animals or birds to enter the structure.
(N) Foundation. Foundation walls, piers or other basic structural elements which are not maintained in a safe manner; or are not capable of supporting the load which normal use may cause to be placed thereon; or which have insufficient strength to be reasonably safe for the purpose used; or which are deteriorated, decayed or damaged to the extent that causes leaning, sagging, splitting, listing or buckling; or the structure’s strength and soundness are questionable.
(O) Porches, stairs and the like. Exterior porches, landings, balconies, stairways, stairs or fire escapes which are not structurally sound or free of defects so as to be safe to use; or are incapable of supporting the load that normal use may cause to be placed thereon; or that do not have banisters or railings properly designed and maintained to minimize the hazard of falling.
(P) Premises. Structures including their premises that have insufficiently protected holes, excavations, breaks, projections, obstructions and other such dangerous impediments on and around walks, driveways, parking lots, alleyways and other areas which are accessible to and generally used by people on or around the premises; or heaving, subsidence or cracking of sidewalks, steps or pathways.
(Q) Roofs. Roofs that are not kept structurally sound; or with improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; or that are not supported properly or that have rafters that are rotted, broken, sagging or have improperly supported ends; or that are deteriorated or have horizontal members or other basic structural elements that cause leaning, sagging, splitting, listing or buckling; or that are not maintained in a safe manner; or are not maintained by renewal, repair, waterproofing or other suitable means; or with loose shingles that may fall on people or property; or that have defects which might admit rain or cause dampness in the walls or interior portion of the structure; or which have holes that might permit animals or birds to enter the structure.
(R) Unsanitary and the like. Structures with unsanitary conditions, dilapidation, decay or disrepair which is unsafe or dangerous to the health and safety of the occupants or others; or structures including their premises that have accumulations of garbage, trash or rubbish, which creates health and sanitation problems; or the collection of unreasonable or excessive amounts of garbage or rubbish in or near the structure which may attract rodents and insects or become breeding places for rodents and insects; or garbage and solid waste that is not placed in approved containers or stored in a safe and sanitary manner in the structure or on the premises.
(S) Ventilation and the like. Lack of adequate ventilation, light, heating or sanitary facilities so as to be unsafe or to endanger the health, safety or general welfare of the occupants or others.
(T) Walls, exterior. Exterior walls or vertical supports that are not structurally sound, or not maintained in sound condition and good repair and free from defects and damages, or are not capable of bearing imposed loads safely; deterioration of exterior walls or other vertical support that causes leaning, sagging, splitting, listing or buckling; or structural or load bearing walls that are bowed or out of plumb and not structurally sound; or exterior walls that are not substantially weather-tight and water- tight or not impervious to the adverse effects of weather.
(U) Walls, interior. Interior walls, vertical studs, partitions, supporting members, sills, joists, rafters or other basic structural elements or members that list, lean or buckle or are rotted, deteriorated or damaged to such an extent as to render the structure unsafe; or that have holes or cracks which might admit animals or birds; or structural or load bearing walls that are bowed or out of plumb and not structurally sound.
(V) Combination. Any combination of conditions which in the judgment of the public officer renders any structure unsafe or dangerous or injurious to the health, safety or general welfare of the owners, occupants or others.
(Ord. passed 7-20-2010)