City of Franklin, NH
Merrimack County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Franklin 8-2-2004 by Ord. No. 18-04.[2] Amendments noted where applicable.]
Hazardous buildings — See Ch. 121.
Chimneys and solid-fuel-burning appliances — See Ch. 134.
Fire prevention — See Ch. 166.
Hazardous substances — See Ch. 181.
Junkyards — See Ch. 188.
Lead paint — See Ch. 195.
Littering and public cleanliness — See Ch. 203.
Nuisances — See Ch. 219.
Solid waste — See Ch. 257.
Inspections — See Ch. 326.
Editor's Note: For the policy of the City Council pertaining to inspection of single- and two-family dwellings, see Ch. 326, Inspections.
Editor's Note: This ordinance also repealed former Ch. 233, Property Maintenance, adopted 9-8-1997 by Ord. No. 97-5.
A certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the International Property Maintenance Code, 2003 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Franklin, in the State of New Hampshire, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such exiting structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Inspector's office are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 233-2 of this chapter.
Section 101.1. Insert "City of Franklin."
Section 103.5. Insert "(Reserved)."
Section 304.14. Insert "April 1 to December 1."
Section 602.3. Insert "October 1 to May 15."
Section 602.4. Insert "October 1 to May 15."
Section 308.2 Insert "Exception: On owner-occupied detached single family dwelling properties not more than one currently unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.”
Insert the following:
"Consultant: The Board of Appeals may, by majority vote, hire independent consultants to advise the Board with regard to matters in which particular expertise may be required. The cost of any such consultant shall be borne by the applicant prior to the incurring of any such expense. The refusal of the applicant to accept responsibility for such costs shall be grounds for the dismissal of any application or appeal."[1]
Editor's Note: For appeals procedures, see Section 111, Means of Appeal, in the International Property Maintenance Code.
Section 202. Insert “Unlicensed - Not currently registered or inspected.”
[Added 3-6-2006 by Ord. No. 05-06]
Add a new Section 301.3.1 to read:
[Added 4-4-2011 by Ord. No. 05-11]
In order to prevent blight, to protect the integrity of the applicable business or residential zone, and to protect the health, safety, and welfare of the surrounding area, no structure or any part thereof shall be boarded up in any fashion except under the following circumstances:
Following a fire, explosion, automobile-related damage, or other similar casualty, the windows, doors, or portions of the exterior structure may be boarded up in order to secure and stabilize the building. The Code Enforcement Officer (CEO) shall be contacted the next available business day to discuss the stabilization of the building. The initial approval period for such action will be for 45 days from the date of the incident. Following the expiration of this initial time frame any request for a second forty-five-day approval period must demonstrate that there is a viable time line to initiate the work for the restoration of the structure. An approved building permit must be in place for the second approval period to be issued.
An extension of the collective ninety-day period allowing portions of a structure to be boarded up shall only be approved if compelling evidence is submitted to the CEO that additional time is necessary to finalize insurance claims or an approval for the restoration work from the person or institution which holds the mortgage on the property. The CEO reserves the right to ask for any and all documentation necessary to substantiate a claim that an extension is necessary. For any extension beyond the ninety-day period outlined in Subsection 1 above, the wood or other material used to board up the building shall be painted to match the color scheme of the existing building.
For any structure for which a building permit has been obtained, no portion of the structure shall be boarded up without the approval of the CEO. The request to permit such boarding up shall include a time frame for the completion of the exterior repairs or improvements. The forty-five-day and ninety-day time lines outlined above shall apply.
For any vacant structure, the CEO may order or otherwise authorize the boarding up of the structure.
All work and stabilization work approved under these provisions shall be completed in a professional and workmanlike manner as determined by the CEO, who reserves the right to order corrective work to insure the protection of the public's health, safety, and welfare and the integrity of the surrounding area. No materials used to board up or stabilize a structure shall be placed on City land (sidewalk, right-of-way, etc.) without the permission of the Municipal Services Director and the City Manager. Additionally, the CEO may require that the plywood or other material is painted to match the existing color scheme of the building.
The enforcement provisions of this code shall apply to all activities and work pursuant to this section.