[HISTORY: Adopted by the City Commission of the City of South Pasadena
7-19-1988 as Ord. No. 88-08 (Ch. 13.5 of the 1984 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 81.
Building construction and uniform codes — See Ch. 83.
Fences — See Ch. 103.
Fire prevention — See Ch. 106.
Flood damage prevention — See Ch. 108.
Land development regulations — See Ch. 130.
Nuisances — See Ch. 143.
Sanitary code — See Ch. 166.
Sewers — See Ch. 169.
Solid waste — See Ch. 172.
Water — See Ch. 192.
This chapter is hereby declared to be remedial and shall be applicable
to all existing habitable structures, as well as all new structures.
A.
The provisions of this chapter shall apply to all buildings
or portions thereof used or designed or intended to be used for human habitation,
regardless of when such building was constructed.
B.
This chapter establishes minimum standards for occupancy
and does not replace or modify standards otherwise established for construction,
replacement or repair of buildings, except such as are contrary to the provisions
of this chapter.
A.
Alterations, repairs or rehabilitation work shall not
cause an existing building to become unsafe or otherwise in violation of this
chapter.
B.
If the occupancy classification of an existing building
is changed, the building shall be made to conform to the requirements of this
chapter for the new occupancy classification.
C.
Repairs and alterations restoring a building to its condition
prior to damage or deterioration or altering it in conformity with the provisions
of this chapter or in a manner that will not increase an existing nonconformity
may be made, provided that the repairs and/or alterations are not more than
fifty percent (50%) of the building or fifty percent (50%) of the value of
the building. Repairs and alterations in excess of fifty percent (50%) of
either the area or the value of the building may be made, provided that the
entire building be made to conform to the requirements of this chapter at
the time of completion of the repairs or alterations and in accordance with
all other existing building and zoning codes.[1]
All buildings or structures, both new or existing, and all parts thereof,
shall be maintained in a safe and sanitary condition in accordance with this
chapter. All devices or safeguards which are required by this chapter in a
building when erected, altered or repaired shall be maintained in good working
order. The owner or his designated agent shall be responsible for the maintenance
of buildings and structures on the premises.
A.
The provisions of this chapter shall be enforced by the
Building Official or his duly authorized representative.
B.
Except as provided in Subsection C, the Building Official and/or his authorized representative, upon presentation of proper identification to the owner, agent or tenant in charge of such property or premises, during all reasonable hours, may enter said premises for inspection purposes. In cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, the above limitations on entry shall not apply.
C.
The above entry provisions will not normally apply to
single-family residences unless there is a clear and present danger that public
health, safety or welfare may be at risk or may be affected by the condition
of the property.
A.
All residential buildings or structures used as such
which are unsafe, unsanitary or unfit for human habitation, which constitute
a fire hazard or are otherwise dangerous to human life, dilapidated, in poor
maintenance or abandoned, are considered nuisance buildings. All such nuisance
buildings are hereby declared illegal and shall be abated by repair and rehabilitation
or by demolition in accordance with the following procedures. Whenever the
Building Official determines that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter, he shall
give notice of such violation to the person or persons responsible for the
subject building or premises. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for the notice.
(3)
Allow thirty (30) days with thirty-day extensions up
to a total of ninety (90) days' time for abatement.
(4)
Advise that if necessary repairs, alterations, removal
or demolition are not voluntarily completed within the stated time, the city
shall institute legal action against the owner of the building or premises
to force compliance with this chapter.
A.
Any requirement not specifically covered by this chapter
found necessary for the safety, health and general welfare of the occupants
of any dwelling shall be determined by the Building Official or his representative,
subject to appeal to the City Commission.
B.
The Building Official and his representative, in the
discharge of their duties, shall not thereby render themselves personally
liable and are hereby relieved from all personal liability for any damage
that may accrue to persons or property as a result of any act required or
permitted in the discharge of their duties.
The Building Official shall make or cause to be made inspections to
determine the condition of buildings and premises in the interest of safeguarding
the health and safety of the occupants of such premises and of the general
public. For the purpose of making such inspections, the Building Official
or his agent, after providing a twenty-four-hour notice to the owner/occupant
of a building, is hereby authorized to enter, examine and survey, at all reasonable
times, all buildings and premises. The owner or occupant of every building
or the person in charge thereof shall give the Building Official free access
to the occupied spaces of the building. All siding materials shall be kept
in good repair.
A.
Every dwelling unit shall contain not less than one (1)
kitchen sink, lavatory, tub or shower and a water closet, all in good working
condition.
B.
All required plumbing fixtures shall be located within
the dwelling unit and be accessible to the occupants. Bathrooms shall afford
privacy to the user and be accessible from habitable rooms, hallways or other
protected or enclosed areas, not including kitchens or other food preparation
areas.
C.
Every dwelling unit shall be supplied, through an approved
distribution system, with both cold and hot potable water.
D.
Every dwelling unit shall be provided with a central
heating system or facilities whereby heating appliances may be connected.
E.
All cooking and heating equipment and facilities shall
be installed in accordance with the building, mechanical, gas or electrical
code and shall be maintained in a good working order and safe condition.
F.
Every dwelling unit shall be provided with an approved
smoke detector installed in accordance with the manufacturer's recommendations.
A.
Every habitable room shall have at least one (1) window
or skylight facing directly to the outdoors. The minimum total window area
for every habitable room shall be eight percent (8%) of the floor area of
such room.
B.
Every habitable room shall have at least one (1) window
or skylight which can be easily opened or other device as will adequately
ventilate the room. Total openable window area in every habitable room shall
be at least forty-five percent (45%) of the minimum window area size or shall
have other approved, equivalent ventilation.
C.
Every habitable room or space shall contain at least
two (2) separate and remote convenience outlets, and bedrooms shall have,
in addition, at least one (1) wall-switch-controlled ceiling or wall-type
light fixture. Every bathroom shall have an electric light fixture controlled
by a wall switch and at least one (1) convenience outlet and must have ground
fault circuit interrupter protection.
A.
The building foundation system shall be maintained in
a safe manner and be capable of supporting the load which normal use may cause
to be placed thereon.
B.
Every exterior wall shall be free of holes, breaks, loose
or rotting boards or timber, peeling paint or any other conditions which might
admit rain or dampness to the walls, to the interior portions of the walls
or to the occupied spaces of the building. All siding materials shall be kept
in good repair.
C.
Roofs shall be structurally sound and maintained in a
safe manner and have no defects which might admit rain or cause dampness in
the walls or interior portion of the building.
D.
Every dwelling unit shall have safe, unobstructed means
of egress, with minimum ceiling height of seven (7) feet leading to a safe
and open space at ground level. Stairs shall have a minimum headroom of six
(6) feet, eight (8) inches.
E.
Every inside or outside stair, porch and any appurtenance
thereto shall be capable of supporting the load of normal use and shall be
kept in good repair. Any unenclosed structure over thirty (30) inches from
the ground and any steps containing four (4) or more risers shall be provided
with protective railings.
F.
Every window and exterior door shall be substantially
weathertight, watertight and rodentproof and shall be kept in sound working
condition.
G.
Every window shall be supplied with glass windowpanes
or an approved substitute without open cracks or holes. Windows shall be properly
fitted and weathertight and shall be easily opened for all windows required
for light and ventilation.
H.
All exterior wood and concrete block surfaces, other
than decay-resistant woods and natural stone finishes, shall be protected
from the elements and decay by painting or other protective covering or treatment.
All siding shall be weather resistant and watertight. All masonry joints shall
be sufficiently tuck-pointed to ensure water and airtightness.
I.
Garages, storage buildings and other accessory structures
shall be maintained and kept in good repair and sound condition.
J.
Every floor, interior wall and ceiling shall be substantially
rodentproof, shall be kept in sound condition and good repair and shall be
safe to use and capable of supporting the load which normal use may cause
to be placed thereon. Bathroom and kitchen floor surfaces shall be constructed
and maintained so as to be substantially impervious to water and so as to
permit such floor to be easily kept in a clean and sanitary condition.
A.
Every dwelling unit shall contain at least one hundred
fifty (150) square feet of floor space for the first occupant thereof and
at least one hundred (100) additional square feet of floor space per additional
occupant. Zoning requirements for minimum square footage shall take precedence
over the above minimums. The floor area shall be calculated on the basis of
the total area of all habitable room.
B.
In every dwelling unit of two (2) or more rooms, every
room occupied for sleeping purposes by one (1) occupant shall contain at least
seventy (70) square feet of floor space, and every room occupied for sleeping
purposes by more than one (1) occupant shall contain at least fifty (50) square
feet of floor space for each occupant thereof.
C.
Habitable rooms other than kitchen, storage rooms and
laundry rooms shall have a ceiling height of not less than seven (7) feet.
A.
Every owner of a multiple dwelling shall be responsible
for maintaining in a clean and sanitary condition, the shared or common areas
of the dwelling and premises.
B.
Every tenant of any dwelling unit shall keep the dwelling
and premises which he occupies or which is provided for his particular use
in a clean and sanitary condition.
C.
It shall be unlawful for the owner or occupant of any
residential building, structure or property to utilize the premises of such
property for the open storage of any abandoned refrigerator, stove, glass,
building material, building rubbish or similar items. It shall be the duty
and responsibility of every such owner or occupant to keep the premises of
such residential property clean and to remove from the premises all such abandoned
items as listed above, including but not limited to weeds, dead trees, trash,
garbage, etc.[1]