[CC 1987 §510.010; Ord. No. 846 §1, 11-23-1976]
A.
ACCESSORY STRUCTURE
BASEMENT
BATHROOM
BUILDING
CARPORT
DETERIORATION
DWELLING UNIT
EXTERMINATION
FAMILY
FENCE
a.
b.
c.
GARAGE
GARBAGE
HABITABLE ROOM
KITCHEN
OWNER
PERSON
PLUMBING
PROVIDED
REPAIR
RUBBISH
STRUCTURE
SUBSTANDARD
SUPPLIED
YARD
For
the purpose of this Chapter the following words and phrases shall
have the meaning respectively ascribed to them by this Section:
A detached structure subordinate to the main or principal
structure and located on the same lot, the use of which is customary
to the main building.
A story partly or wholly below the finished elevation of
the adjoining ground.
A room containing bathing and sanitary facilities provided
within each living unit consisting of a water closet, a tub or shower,
and a lavatory; a bathroom shall afford complete privacy.
A combination of materials to form a construction that is
safe and stable, and adapted to permanent or continuous occupancy
for residence; the term "building" shall be construed
as if followed by the words "or part thereof".
An open-sided automobile shelter usually formed by extension
of a roof from the side of a building.
The condition or appearance of a building or part thereof,
characterized by breaks, holes, rot-crumbling, cracking, peeling,
rusting, or other evidence of physical decay or neglect, excessive
use of, or lack of maintenance.
Four (4) or more rooms in a house designed for occupancy
by one (1) family for living purposes and having its own permanently
installed cooking and sanitary facilities, known as a single-family
home, or four (4) or more rooms in a one-family unit of a duplex.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping, or by any other recognized and legal
pest elimination methods approved by the Health Commissioner.
An individual or married couple and the unmarried children
thereof, and no more than two (2) other persons related directly to
the individual or married couple by blood or marriage, provided however,
that the requirement of relationship by blood or marriage may be waived
by the Board of Aldermen if the occupant (s) is either aged, widowed,
ill, infirm, in poor health, or if an emergency or hardship exists
where the health, safety, or well-being of the occupant(s) is in jeopardy;
and further, that if either of the two (2) aforementioned persons
shall be a minor child under the age of eighteen (18) years of age
then said minor child must be in the legal custody of the property
owner (or head of the household if rental property) by virtue of an
order of a Juvenile or Probate Court.
An independent structure forming a barrier at grade lots,
between a lot and a street, or between portions of a lot or lots.
A barrier includes a wall or lattice-work screen and includes a hedge
or natural growth, and a barrier more than eighteen (18) inches in
height which is used to protect plant growth. Fences shall be classified
according to the general form of a design as follows:
Open mesh. Having more than fifty percent (50%)
of the horizontal clear vision surface open.
Closed. Any structure having less than fifty
percent (50%) of the clear vision in horizontal direction through
fence.
Natural. Any arrangement of live growth consisting
of hedges, bushes, shrubs, trees, or others which form a fence or
barrier more than six (6) feet in length.
A building or portion of a building in which one (1) or more
self-propelled vehicles carrying volatile flammable liquid for fuel
or power are kept for use, and all that portion of a building which
is on or below the floor or floors in which such vehicles are kept
and which is not separated therefrom by a suitable cutoff.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Every room in any building in which persons sleep, eat, or
carry on their usual domestic or social vocations or avocations. It
shall not include private laundries, basements, bathrooms, toilet
rooms, pantries, storerooms, corridors, rooms for mechanical equipment
for service in the building, closets, or other similar spaces not
used by persons frequently or during extended periods.
A kitchen is a space of not less than fifty (50) square feet,
which contains a sink with counter working space, adequate space for
installing cooking and refrigeration equipment, and for the storage
of cooking utensils.
Any person, firm, or corporation who alone, jointly or severally
with others shall be in actual possession of or have charge, care,
or control of any dwelling unit within the City as owner, employee,
or agent of the owner, or as trustee or guardian of the estate or
person of the titleholder, and such person shall be bound to comply
with the provisions of this Chapter to the same extent as the owner.
Includes a corporation, firm, partnership, association, organization,
and any other groups acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver, or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty of fine, as to partnerships or associations, the word shall
include the partners or members thereof, and as to corporations, shall
include the officers, agents, or members thereof who are responsible
for any violation of such Section.
All of the following facilities and equipment: Gas pipes,
gas-burning equipment, water pipes, steam pipes, garbage disposal
units, waste pipes, toilets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, catch basins, drains, vents, and any other
similar fixtures, together with all connections to water, sewer, or
gas lines.
Any material furnished, supplied, paid for, or under the
control of the owner.
To restore to a sound and acceptable state of operation,
serviceability, and appearance. Repairs shall be expected to last
approximately as long as would the replacement by new items made in
workmanlike manner.
Non-putrescible solid wastes (excluding ashes) consisting
of both combustible and non-combustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, and similar
materials.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding wall.
All buildings used for purposes of human habitation which
do not conform to the minimum standards established by this Chapter
and by any other provision of any other ordinances.
Paid for, furnished, or provided by or under the control
of the owner.
An open space at grade on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure.
B.
Meaning Of Certain Words. Whenever the words "building",
"dwelling", "dwelling unit", "premises", or "structure" are used in this Chapter, they shall be construed as though they
were followed by the words "or any part thereof".
[CC 1987 §510.020; Ord. No. 846 §1, 11-23-1976]
A.
The
general purpose of this Chapter is to protect the public health, safety,
comfort, morals, and the general welfare of the people of the City.
These general objectives include, among others, the following specific
purposes:
1.
To protect the single-family character and stability of residential
areas within the City.
2.
To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings.
3.
To provide facilities for light and ventilation necessary to health
and safety.
4.
To prevent additions or alterations to existing dwellings that would
be injurious to the life, health, safety, or general welfare of the
occupants of such dwellings or neighboring properties.
5.
To prevent the overcrowding of dwellings by providing minimum space
standards per occupant of each dwelling.
6.
To provide minimum space standards for the maintenance and repair
of existing residential buildings, and to thus prohibit the spread
of slums and blight.
7.
To preserve the taxable value of land and buildings throughout the
City.
[CC 1987 §510.030; Ord. No. 846 §1, 11-23-1976]
Every building or its premises used in whole or in part as a
home or residence or as an accessory structure thereof of a single-family
or person, and the buildings used in whole or in part as a home or
residence of two (2) families living in separate dwelling units shall
conform to the requirements of this Chapter, irrespective of the "A"
or "B" Zoning District to which such building may otherwise belong,
and irrespective of when such building may have been constructed,
altered, or repaired.
[CC 1987 §510.040; Ord. No. 846 §1, 11-23-1976]
This Chapter establishes minimum standards for dwelling units
and accessory buildings, and does not replace or modify standards
otherwise established for the construction, replacement, or repair
of buildings except such as are in conflict with the provisions of
this Chapter.
Any inconsistency or conflict between the provisions of this
Chapter and any other provisions of any other existing ordinance shall
not repeal such provision of any other ordinance, but the provisions
of this Chapter shall be cumulative thereto.
[CC 1987 §510.050; Ord. No. 464 §1, 5-18-1960]
A.
No
room in any basement in an existing building shall be used for habitable
purposes unless the following standards are complied with:
1.
Ceiling. The ceiling shall be at least seven (7)
feet, six (6) inches high and shall be at least three (3) feet, six
(6) inches above the surface or ground outside of or adjoining the
room.
2.
Toilet facilities. There shall be appurtenant to such room, the use of a bathroom, properly vented to the outside air, in compliance with Section 510.150.
3.
Window area. The required minimum window area of
ten percent (10%) of the floor area shall be entirely above the finished
elevation of the adjoining ground.
4.
Floor. The floor area shall be waterproof and dampproof.
5.
Drainage. Such room shall be well drained and dry.
[CC 1987 §510.060; Ord. No. 846 §1, 11-23-1976]
A.
No
person shall occupy as owner-occupant or shall let or hold out to
another for occupancy, any dwelling unit for the purpose of living
therein, which is not safe, clean, sanitary, and fit for human occupancy,
and which does not comply with the particular requirements of the
following paragraphs of this Section.
1.
Foundations, exterior walls, and roofs. The foundation,
exterior walls and exterior roof shall be substantially watertight
and protected against rodents, and shall be kept in sound condition
and repair. The foundation elements shall adequately support the building
at all points. Every exterior wall shall be free of deterioration,
holes, breaks, loose or rotting boards or timbers, and any other conditions
which might admit rain or dampness to the interior portions of the
walls or to the exterior spaces of the dwelling. The roof shall be
light and have no defects which admit rain, and roof drainage shall
be adequate to prevent rain water from causing dampness in the walls.
All cornices, rustications, quoins, moldings, belt courses, lintels,
sills, oriel windows, pediments, and similar projections shall be
kept in good repair and free from cracks and defects which make them
hazardous and dangerous.
2.
Floors, interior walls, and ceilings. Every floor,
interior wall, and ceiling shall be adequately protected against passage
and harborage of vermin and rodents, and shall be kept in sound condition
and good repair. Every floor shall be free of loose, warped, protruding,
or rotting floor boards. Every interior wall and ceiling shall be
free of holes and large cracks, and shall be maintained in a tight,
weatherproof condition. Every interior wall and ceiling shall be free
of loose plaster or other structural material. Plaster, paint, and
all other surface materials shall be of such character as to be easily
cleanable, and shall be reasonably smooth, clean, and tight. Every
toilet room and bathroom floor surface shall be substantially impervious
to water, and be capable of being maintained easily in a clean and
sanitary condition.
3.
Windows, doors, and hatchways. Every window, exterior
door, and basement hatchway shall be substantially tight, and shall
be kept in sound condition and repair. Every window shall be fully
supplied with window panes which are without cracks or holes. Every
window sash shall be in good condition and fit reasonably tight within
its frame. Every window, other than a fixed window, shall be capable
of being easily opened and shall be held in position by window hardware.
Every exterior door, when closed, shall fit reasonably well within
its frame. Every window, door, and frame shall be constructed and
maintained in such relation to the adjacent wall construction as completely
to exclude rain, and substantially to exclude wind from entering the
dwelling. Every basement hatchway shall be so constructed and maintained
as to prevent the entrance of rodents, rain, and surface drainage
water into the building.
4.
Screens. Screens shall be supplied to the following
extent:
a.
Every basement or cellar window which is openable shall be supplied
with a framed heavy wire screen or hardware cloth of not less than
four (4) mesh per inch which fits tightly and is securely fastened
to the frame, or with any other material affording equivalent protection
against the entry of rodents.
b.
From April fifteenth (15th) to November fifteenth (15th) of each
year, every door opening directly from any dwelling unit to the outdoors,
and every window or other outside opening used for ventilation purposes,
shall be supplied with a screen of not less than sixteen (16) mesh
per inch, and every screen door shall have a self-closing device in
good working condition.
5.
Stairways and porches. Every stairway, inside or
outside of the dwelling unit, and every porch shall be kept in safe
condition and sound repair. Every flight of stairs and every porch
shall be free of deterioration. Every stairwell and every flight of
stairs which is more than four (4) risers high shall have rails not
less than two and one-half (2½) feet high, measured vertically
from the nose of the tread to the top of the rail; and every porch
which is more than four (4) risers high shall have rails not less
than two and one-half (2½) feet above the floor of the porch.
Every rail and balustrade shall be firmly fastened and maintained
in good condition. No flight of stairs shall have settled more than
one (1) inch out of its intended position or have pulled away from
supporting or adjacent structures. No flight of stairs shall have
rotting, loose, or deteriorating supports. The treads and risers of
every flight of stairs shall be uniform in width and height. Every
stair tread shall be strong enough to bear a concentrated load of
at least four hundred (400) pounds without danger of breaking. Every
porch shall have a sound floor. No porch shall have rotting, loose,
or deteriorating supports.
6.
Basements and cellars. Every basement and every
cellar shall be maintained in a safe and sanitary condition. Water
shall not be permitted to accumulate or stand on the floor. All sewer
connections shall be properly trapped. All cellar and slab drains
shall be covered with grating. Junk, rubbish, and waste shall not
be permitted to accumulate to such an extent as to create fire hazards
or to endanger health or safety.
7.
Facilities, equipment, and chimneys. Every supplied
facility, piece of equipment or utility, and every chimney flue shall
be installed, function effectively as originally designed, and shall
be maintained in a safe, sound, and sanitary working condition.
8.
Grading and drainage of lots. Every yard, court,
vent passageway, driveway, and other portion of the lot on which the
dwelling stands shall be graded and drained so as to prevent the accumulation
of stagnant water on any such surface. Driveways shall be maintained
in good repair and free of safety hazards.
9.
Lawns and ground covers. Yards shall be provided
with adequate lawn, ground cover, or vegetation, hedges or bushes.
All areas which are not covered by vegetation shall be treated to
prevent dust or the blowing or scattering of dust particles into the
air and mud eroding onto street or adjacent properties. All trees,
bushes, or vegetation which overhang an entrance shall be properly
trimmed to avoid obstruction of the view and movements of vehicles
and pedestrians.
10.
Infestation. Each dwelling unit and all exterior
appurtenances on the premises shall be adequately protected against
rats, mice, termites, and other vermin infestation. Building defects
which permit the entrance of rats, mice, termites, and other vermin
shall be corrected immediately by the owner. Tenants shall be responsible
for the elimination of rodents and vermin from that part of the premises
under their control.
[CC 1987 §510.070; Ord. No. 846 §1, 11-23-1976]
A.
No
person shall occupy or let to another for occupancy any dwelling unit
for the purpose of living therein which does not comply with the following
requirements:
1.
The floor area of a dwelling unit shall contain at least one hundred
sixty (160) square feet for the first (1st) occupant, and at least
two hundred (200) square feet of floor space for each additional occupant.
This floor area shall include only above ground level floor space,
but shall exclude attics. Basement rooms and below ground level areas,
as well as attics, shall not be considered in computing the minimum
of one hundred sixty (160) square feet and two hundred (200) square
feet per occupant.
2.
Floor area of second (2nd) floors shall be based on habitable rooms
only. In calculating the floor area of such rooms, only those portions
of the room having a clear ceiling height of six (6) feet six (6)
inches may be included.
[CC 1987 §510.080; Ord. No. 846 §1, 11-23-1976]
All habitable rooms, passageways, and stairways shall be provided
with electrical fixtures so that they can be adequately lighted at
night.
[CC 1987 §510.090; Ord. No. 846 §1, 11-23-1976]
Every habitable room of every dwelling unit shall contain separate
wall-type convenience outlets at intervals of not more than twelve
(12) feet, including door openings, except in bedrooms where two (2)
convenience outlets shall be the required minimum. All electrical
installations shall be equivalent to or exceed the requirements of
the Northwoods City Electrical Code.
Every bathroom, laundry room, and furnace room shall contain
at least one (1) supplied ceiling or wall-type electrical light fixture.
Every such outlet and fixture shall be properly installed, shall be
maintained in good and safe working condition, and shall be connected
to the source of electric power in a safe manner.
[CC 1987 §510.100; Ord. No. 846 §1, 11-23-1976]
Every dwelling unit shall have heating facilities properly installed
which are capable of safely and adequately heating all habitable rooms,
bathrooms, and water closet compartments within its walls to a temperature
of at least seventy degrees Fahrenheit (70°F). Gas appliances
designed primarily for cooking or water heating purposes shall not
be considered as heating facilities within the meaning of this Section.
Portable heating equipment employing flame and the use of liquid fuels
does not meet the requirements of this Section and is hereby prohibited.
[CC 1987 §510.110; Ord. No. 846 §1, 11-23-1976]
Every dwelling shall have supplied water heating facilities
which are properly installed, are maintained in safe and good working
condition, are properly connected with the hot water lines required
under the provisions of this Chapter, and are capable of heating water
to such a temperature as to permit an adequate amount of water to
be drawn at every kitchen sink, lavatory basin, bathtub, or shower
at a temperature of not less than one hundred twenty degrees Fahrenheit
(120°F). Such supplied water heating facilities shall be capable
of meeting the requirements of this Section when the dwelling unit
heating facilities required under the provisions of Sections of this
Chapter are not in operation.
[CC 1987 §510.120; Ord. No. 846 §1, 11-23-1976]
A.
Generally. Every habitable room shall have a ventilation
system adequate for the purpose for which the room is used. Natural
ventilation shall be deemed to be adequate for habitable rooms when
the total area openable to the outside air (by means of windows, louvers,
monitors, or other direct access excluding doors) is five percent
(5%) of the floor area of the habitable rooms, except that when:
1.
Any portion of the room is more than sixteen (16) feet from a required
opening, the aggregate clear area of openings shall not be less than
six percent (6%).
2.
A room has openable areas on two (2) or more sides thereof, the total
openable area shall be at least four percent (4%) of the total floor
area of such room.
3.
The openable area faces a wall or other obstruction at a distance
of less than six (6) feet, the effective area shall be computed at
not more than eighty percent (80%) of the actual openable area.
B.
Kitchen With Floor Area Of Less Than Seventy (70) Square Feet. A kitchen with a floor area of less than seventy (70) square feet
may be without either mechanical or natural ventilation if there are
openings of not less than thirty-two (32) square feet between the
kitchen and another room, and if the room into which the kitchen opens
has the ventilation requirements of the preceding paragraphs.
C.
Toilet And Bathroom Ventilation. Every toilet room and bathroom
shall have adequate ventilation which may be either an openable window
with an openable area of five percent (5%) of the floor area, mechanical
ventilation in compliance with the foregoing requirements of this
Section, or a gravity vent flue constructed with incombustible material
leading to the roof of the building, or a combination of these. The
gravity vent shall be computed at an aggregate clear area of not less
than five percent (5%) of the floor area of the room with a minimum
area of at least one hundred twenty (120) square inches. Gravity vents
shall be provided with a weather cap, directional vane, or rotary
type ventilation on the roof.
[Ord. No. 88-13 §§1 —
4, 6, 7-12-1988]
A.
SLEEPING AREA
SMOKE DETECTOR
For
purposes of this Section, the following definitions shall apply:
A room customarily intended or usually utilized for sleeping,
or a combination of rooms intended for sleeping within a dwelling
unit, which are located on the same floor and are not separated by
another habitable room, such as a living room, dining room, or kitchen
(but excluding bathroom, hallway, or closet).
A device of either the ionization chamber or photoelectric
type, which detects visible or invisible particles of combustion,
which emits an audible warning upon detection, which complies with
all specifications of the Underwriters' Laboratories, Inc., Standard
UL217 (Standard for Safety-Single and Multiple Station Smoke Detectors,
2nd Edition October 4, 1978, as revised May 19, 1983), or any recognized
standard testing laboratory that certifies the detector and meets
the requirement of National Fire Protection Association (NFPA) Standards
72E and 74, which bears the label of a nationally recognized standards
testing laboratory that indicates that the smoke detector has been
tested and listed under the requirement of UL217 2nd Edition or NFPA
72E and 74, and which is powered by being wired directly to the power
source of the dwelling unit or by a self-contained battery power source.
B.
Smoke Detector Regulations.
1.
Prior to any construction, renovation, improvement, sale, change
of ownership or occupancy in any home or apartment, the owner of said
home or apartment shall install smoke detectors in said home or apartment.
This Section shall not apply to existing homes or apartments wherein
the present residents are simply applying to allow additional persons
to reside in said dwelling if there has been no change of ownership
or construction or renovation.
2.
Upon the occurrence of any of the above-described events, the owner
or prospective owner shall allow the Building Commissioner of the
City of Northwoods the right to enter into said dwelling for the purpose
of making an inspection to ascertain if the dwelling is in acceptable
condition to meet the various City of Northwoods ordinances which
regulate housing, including this Section, which establishes a requirement
for smoke detectors.
C.
Upon the occurrence of any of the events set forth in Subsection (B) of this Section, the owner of each dwelling unit shall install at least one (1) smoke detector to protect each sleeping area. In an efficiency apartment dwelling, the owner shall install the smoke detector in the room used for sleeping. In all other dwellings, the owner shall install the smoke detectors outside the sleeping areas and on the ceilings in the immediate vicinity of the sleeping area on the ceiling, at a minimum of four (4) inches from the side wall to the near edge of the detector and within fifteen (15) feet of all rooms used for sleeping purposes. A smoke detector shall be installed on every floor level, including the basement. Therefore, a two-story residence with a basement shall have a minimum of three (3) smoke detectors. The smoke detector in the basement shall be as close as possible to the top of the stairwell.
D.
Any
owner or other person convicted of violating any provision of this
Section shall be punished by a fine of not less than one dollar ($1.00)
and not more than one thousand dollars ($1,000.00), or by imprisonment
for not more than three (3) months, or by both such fine and imprisonment.
Each violation relating to each smoke detector, required or otherwise
regulated by this Section, shall be deemed a separate offense.
E.
No person shall occupy, or permit to be occupied, any dwelling unit that does not have the required smoke detectors. Notwithstanding any of the provisions of this Section to the contrary, nothing in this Section shall require installation of smoke detectors in existing homes or apartments unless one (1) of the events in Subsection (B) of this Section occurs.
[CC 1987 §510.130; Ord. No. 846 §1, 11-23-1976]
Every dwelling unit shall have adequate refuse, garbage or rubbish
storage facilities as required by City ordinance.
[CC 1987 §510.140; Ord. No. 846 §1, 11-23-1976]
A.
Every
dwelling unit shall contain a kitchen sink in good repair, free of
chips, cracks or other defects which may be a sanitary hazard, and
shall be in working condition, properly connected to a water and sewer
system approved by the Building Commissioner.
B.
Every
kitchen sink, lavatory basin and bathtub or shower required under
the provisions of this Chapter shall be properly connected with both
hot and cold water lines.
[CC 1987 §510.150; Ord. No. 846 §1, 11-23-1976]
Every dwelling unit shall contain a room which affords privacy
to a person within said room and which is equipped with a flush water
closet, a tub or shower, and lavatory basin in good repair and in
working condition, properly connected to the public water system and
to a public sewer system.
[CC 1987 §510.160; Ord. No. 846 §1, 11-23-1976]
A.
Accessory
structures shall not obstruct light and air of doors and windows of
any dwelling unit, or obstruct a safe means of access to any dwelling
unit, or create fire and safety hazards, or provide rat or vermin
harborage. Accessory structures shall be functional and shall be maintained
in a state of good repair and alignment.
B.
All
exterior appurtenances or accessory structures which serve no useful
purpose and are in a deteriorated condition which are not repairable
shall be removed. Such structures include porches, entrance platforms,
garages, driveways, carports, walls, fences, miscellaneous sheds.
[CC 1987 §510.170; Ord. No. 846 §1, 11-23-1976]
The Building Commissioner or his/her designated representative
is authorized and directed to make inspections to determine whether
dwellings, dwelling units, accessory structures, and premises located
within this City conform to the requirements of this Chapter. For
the purpose of making such inspections, the Building Commissioner
or his/her designated representative is authorized to enter, examine,
and survey at all reasonable times all dwellings, dwelling units,
accessory structures, and premises. The owner or occupant shall give
the Building Commissioner or his/her designated representative free
access thereto at all reasonable times for the purpose of such inspection,
examination, and survey. In the event the owner or occupant shall
refuse access to any said premises, than the Building Commissioner
or his/her designated representative shall have authority to enter
any of such premises after written notice has been given to the owner,
occupant, or his/her agent. It shall be unlawful for any person to
deny entry to the Building Commissioner or his/her designated representatives
after written notice has been given as provided for in this Section.
[CC 1987 §510.180; Ord. No. 846 §1, 11-23-1976; Ord. No. 18-3, 3-13-2018]
A.
Whenever
the Building Commissioner or his/her designated representative determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this Chapter, he/she will give notice
of such alleged violation to the person or persons responsible therefor
which shall:
1.
Be in writing.
2.
Contain a statement of the reason why it is being issued.
3.
The owner of any building shall be granted reasonable time by the
Building Commissioner or his/her designated representative from the
issuance of the notice provided for in the Section to remedy the condition
or conditions therein specified; provided however, that the Building
Commissioner or his/her designated representative may, at his/her
discretion, extend the time for compliance with any such notice, and
provided further, that no owner shall be held responsible for any
condition that is not specifically described in such notice.
4.
Be served upon the owner or his/her agent or the occupant, as the
case may require. Such notice shall be deemed to be properly served
upon such owner or agent or on any such occupant, if a copy thereof
is:
a.
Served upon him/her personally;
b.
Sent by certified mail to his/her last known address;
c.
Sent by ordinary mail to his/her last known address. (If sent by
ordinary mail, there will be a rebuttable presumption that the letter
was delivered five (5) days after the date it was sent.); or
d.
Posted in a conspicuous place in or about the dwelling affected by
the notice.
5.
Contain an outline of remedial action which if taken will effect
compliance with the provisions of the Chapter.
[CC 1987 §510.190; Ord. No. 846 §1, 11-23-1976]
A.
The
designation of dwellings or dwelling units as unfit for human habitation
and the procedure for such declaration and placarding of such unfit
dwellings or dwelling units shall be carried out in compliance with
the following requirements.
B.
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Building Commissioner or his/her designated representative when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 510.180.
C.
One
which is so damaged, decayed, dilapidated, unsanitary, unsafe, or
vermin-infested that it creates a serious hazard to the health or
safety of the occupants or of the public.
D.
One
which lacks heat, illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
E.
One
which because of its general condition is unsanitary or otherwise
dangerous to the health or safety of the occupants or of the public.
[CC 1987 §510.200; Ord. No. 846 §1, 11-23-1976]
A.
Any
dwelling or dwelling unit which is designated unfit for human habitation,
and so designated and placarded by the Building Commissioner or his/her
designated representative, shall be vacated within a reasonable time
as ordered by the Building Commissioner or his/her designated representative.
B.
No
dwelling or dwelling unit which has been designated unfit for human
habitation and placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from,
and such placard is removed by, the Building Commissioner or his/her
designated representative. The Building Commissioner or his/her designated
representative shall remove such placard whenever the defect or defects
upon which the placarding action was based has been eliminated.
[CC 1987 §510.210; Ord. No. 846 §1, 11-23-1976]
A.
Any
person aggrieved by any order, requirement, decision, or determination
made by the Building Commissioner or his/her designated representative
shall have a right of appeal to the Board of Aldermen.
B.
Any
such appeal shall be filed within fifteen (15) days after such order,
requirement, decision, or determination is made with the Building
Commissioner or his/her designated representative. Said appeal shall
specify the grounds upon which the appeal is based, and said appeal
shall be accompanied by a docket fee of thirty dollars ($30.00) which
shall be payable to the City of Northwoods.
C.
Upon
receipt of said appeal, the Building Commissioner or his/her designated
representative shall forthwith submit to the Board of Aldermen the
appeal together with all papers, records, or documents constituting
the record upon which the action appealed from is taken.
D.
The
Board of Aldermen shall fix a time and place for the hearing of appeals.
Such hearing shall be had within a reasonable time after the filing
of the appeal. Notice of the time and place of hearing shall be sent
by mail to the appellant or to his/her attorney of record, and such
hearing shall not be less than ten (10) days after the mailing of
the notice.
E.
In
exercising the powers enumerated in this Chapter, the Board of Aldermen
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from, and may make
such order, requirement, decision, or determination as ought to be
made.
The Board of Aldermen shall act by a majority vote and a quorum
shall consist of at least five (5) members. The action of the Board
of Aldermen shall not become effective until after the resolution
of the Board of Aldermen setting forth the reason for its decision
and the vote of each member participating therein has been spread
upon the minutes. Such resolutions, immediately following the Board
of Aldermen's final decision, shall be filed in the City Hall and
shall be open for public inspection.
[CC 1987 §510.220; Ord. No. 846 §1, 11-23-1976]
No person shall deface or remove the placard from any dwelling or dwelling unit which has been declared as unfit for human habitation and placarded as such, except as provided in Section 510.200.
[CC 1987 §510.230; Ord. No. 846 §1, 11-23-1976]
The owner of every dwelling unit which is declared "unfit for
human habitation" for continued occupancy shall make the dwelling
unit safe and secure under the terms so that it shall not be dangerous
to human life and shall not constitute a fire hazard or public nuisance.
Any such vacant dwelling open at doors or windows, if unguarded, shall
be deemed dangerous to human life as a fire hazard and a public nuisance
within the meaning of this provision.
[CC 1987 §510.240; Ord. No. 846 §1, 11-23-1976]
It shall be unlawful for the owner of any dwelling or dwelling
unit upon whom a notice of violation or compliance order has been
served to sell, transfer, mortgage, lease, or otherwise dispose of
said dwelling or dwelling unit to another until the provisions of
the notice of violation or compliance order have been complied with,
or until such owner shall first furnish to the grantee, lessee, or
mortgagee a true copy of any notice of violation or compliance order
issued by the Building Commissioner or his/her designated representative,
who shall then issue a receipt to the owner acknowledging the proposed
transfer. A transferee, lessee, or mortgagee who has received actual
or constructive notice of the existence of a notice or violation or
compliance order shall be bound by such notice as of the date of the
transfer without further service or notice upon him/her.
[CC 1987 §510.250; Ord. No. 80-15 §2, 8-12-1980; Ord. No. 02-04 §§1 — 2, 4-9-2002; Ord. No. 11-3 §3, 4-26-2011]
A.
It
shall be unlawful for any person, firm, or corporation to hereafter
occupy, or for any owner or agent thereof, or any other person, to
permit the occupation of any building or addition thereto, or part
thereof, for any purpose including the movement of furniture or furnishings
into said premises until a current certificate of occupancy has been
issued which accurately lists the names of all current occupants of
said premises. The certificate of occupancy so issued shall state
that the occupancy complies with all the provisions of this Chapter.
This Section shall not apply to any occupancy in existence at the
time of the adoption of Ordinance No. 636, enacted December 17, 1968.
B.
The
fee for said occupancy permit shall be twenty-five dollars ($25.00)
for each dwelling occupied. It shall be unlawful for any person to
knowingly make any false statement in his/her application for an occupancy
permit as to the names, ages, relationship, or number of occupants
who will occupy the premises.
C.
A certificate
of occupancy shall not be required for the following types of occupancies
provided that such occupancy does not create an overcrowding condition,
and provided further, that the holder of a current certificate of
occupancy notifies the Building Commissioner of the visit prior thereto:
1.
A visit by anyone which does not exceed thirty (30) days.
2.
A visit by anyone which does not exceed sixty (60) days provided
that a hardship condition exists to any lawful occupant or any visitor.
3.
A visit by anyone which does not exceed ninety (90) days provided
that an emergency condition exists to any lawful occupancy or to any
visitor.
|
|
Any such change shall not be effective until the holder of the
occupancy permit receives approval from the Building Commissioner
or Associate Building Commissioner.
|
[CC 1987 §510.260; Ord. No. 846 §1, 11-23-1976]
The Building Commissioner may designate any person or persons
to assist him/her in the performance of his/her duties and enforcement
of all ordinances of which the Building Commissioner is charged with
enforcement. Said designees shall have the title of "Assistant Building
Commissioner". Provided however, that the Building Commissioner, by
the appointment of Assistant Building Commissioners, shall not be
relieved of ultimate responsibilities of enforcement of this Chapter
or any other ordinance he/she is charged with enforcing. The Building
Commissioner may designate any person or persons to assist him/her
in the performance of his/her duties relating to the investigation
and processing of applications for occupancy permits, and the issuance
of occupancy permits to qualified applicants who are in full compliance
with all ordinances relating to the dwelling and occupancy thereof.
Said designees shall have the title of "Associate Building Commissioner";
provided however, that the Building Commissioner, by the appointment
of Associate Building Commissioners, shall not be relieved of ultimate
responsibilities of enforcement of this Chapter or any other ordinance
he/she is charged with enforcing.
[CC 1987 §510.270; Ord. No. 846 §1, 11-23-1976; Ord. No. 02-07 §§1 — 2, 4-9-2002; Ord. No. 03-01 §§1
— 2, 1-14-2003; Ord. No. 11-3 §2, 4-26-2011]
Fees for inspection services as required by this Chapter shall
be one hundred fifty dollars ($150.00) which shall include one (1)
reinspection and shall be paid into the general funds of the City
at the time an inspection is requested by the owner or other interested
person. Additional re-inspection fees shall be sixty-five dollars
($65.00) for each inspection relating to the same application. In
the event inspections are initiated by the City, the cost for the
inspection services shall be paid by the City.
[CC 1987 §510.280; Ord. No. 846 §1, 11-23-1976]
Any person, firm, or corporation violating any of the provisions of this Chapter shall for each offense be subject to the penalty provided for in Section 100.100 of this Code.
[Ord. No. 89-3 §§1 —
3, 4-11-1989]
A.
In
the event of any emergency disruption, fire or public nuisance of
any dwelling unit in the City of Northwoods, the Building Commissioner
of the City of Northwoods is hereby authorized to order any dwelling
unit to be boarded up or made secure so that the general safety and
health of the City of Northwoods may be maintained.
B.
The
Building Commissioner is hereby specifically authorized to secure
a reputable contractor to perform said boarding or securing of a house.
Upon proper performance of his/her duty, the contractor shall present
to the Building Commissioner his/her bill for services rendered. The
Building Commissioner shall then submit said bill to the City Administrator
for payment. The City Administrator shall forward said bill to the
homeowner for payment of said bill. If said bill remains unpaid for
a period of fifteen (15) days, the City Administrator shall present
the bill to the Board of Aldermen for payment.
C.
Should
the Board of Aldermen agree to pay said bill, the City Administrator
shall then prepare all of the necessary papers to constitute a special
tax lien against the homeowner's property so that the City shall be
reimbursed for its payment to the contractor. Said lien shall be a
special tax lien and carry interest of nine percent (9%) until paid.
[Ord. No. 14-11 §1, 12-9-2014]
A.
Search Warrant Defined—Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City officials on private property to
enforce the City's housing, zoning, health and safety regulations
when government entry on such property is otherwise authorized by
Missouri law. A warrant may issue only in conformance with this Section
and only for the enforcement of the City's housing, zoning, health
and safety regulations, specifically:
2.
The Municipal Judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
may issue an administrative warrant when:
3.
Any such warrant shall be directed to the Chief of Police or
any other police officer of the City and shall be executed by the
Chief of Police or said police officer, in conjunction with the Code
Enforcement Officer or other appropriate city official, within the
City limits and not elsewhere.
B.
Who May Apply For Warrant—Contents of Application.
1.
Any code enforcement officer, police officer, or attorney of
the City may make application to the Municipal Judge for the issuance
of an administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property to be entered, searched, inspected or
seized in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1)
Search or inspect for violations of an ordinance
or code section specified in the application, or
(2)
Show that entry or seizure is authorized and necessary
to enforce an ordinance or code section specified in the application
and/or abate an ordinance violation and that due process has been
afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand delivery, mail, or
facsimile or other electronic means.
C.
Determination of Probable Cause—Issuance—Contents
of Warrant—Execution and Return.
1.
Determination of probable cause / issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the
action to be taken by the City is reasonable in light of the facts
stated. The Municipal Judge shall consider the goals of the ordinance
or code section sought to be enforced and such other factors as may
be appropriate, including but not limited to the physical condition
of the specified property, the age and nature of the property, the
condition of the area in which the property is located, the known
violation of any relevant City ordinance or code section, the passage
of time since the property's last inspection, and the authority
authorizing government entry onto private property. The standard for
issuing a warrant need not be limited to actual knowledge of an existing
violation of a City ordinance or code section.
c.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and
safety regulations, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2)
copies, and the application, any supporting affidavit and one (1)
copy of the warrant as issued shall be retained in the records of
the Municipal Court.
e.
A search warrant shall expire if it is not executed within ten
(10) days after the date of the making of the application.
2.
Contents of search warrant. The search warrant
shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any police officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property to be searched, inspected or entered upon
in sufficient detail and particularity so that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon
for one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations
be seized, recorded or photographed, and a description of such property
be returned, within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court, to be dealt with according to law;
h.
Be signed by the Judge, with his title of office indicated.
3.
Execution. A search warrant issued under this
Section shall be executed only by a City police officer; provided,
however, that one (1) or more designated City officials may accompany
the officer, and the warrant shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing
the warrant. Copies may be transmitted by hand delivery, mail or by
facsimile or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he deems necessary
to assist him in executing the warrant, and such persons shall not
be held liable as a result of any illegality of the search and seizure.
d.
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant or shall
leave a copy of the warrant at the property if the owner or occupant
is not available.
e.
In the event that a warrant authorizes abatement of a nuisance
or other conditions, the police officer is not required to stay on
the property during the entire length of time that it takes for the
abatement to be completed.
4.
Itemized receipt / disposition of seized property.
a.
If any property is seized incident to the search or abatement,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the search.
c.
The disposition of property seized pursuant to a warrant under
this section shall be in accordance with an applicable City ordinance
or code section, but in the absence of same, then with Section 542.301
of the Revised Statutes of Missouri.
5.
Return required after execution of search warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
b.
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies,
or recordings made, and by any property seized, along with a copy
of the itemized receipt of such property required by this section;
provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall
accompany the return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
D.
Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C) hereof;
d.
If it was not issued with respect to property or places in the
City;
e.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of
the issuance of the warrant.
2.
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he would be justified in using if the warrant were valid.
