[HISTORY: Adopted by the City Council of
the City of Franklin 8-2-2004 by Ord. No. 18-04.[2] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[Amended 9-5-2019 by Ord. No. 04-20; 12-5-2022 by Ord. No. 04-23]
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, 2021 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 existing 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.
A.
Section 101.1. Insert "City of Franklin."
C.
Section 602.3. Insert "October 1 to May 15."
D.
Section 602.4. Insert "October 1 to May 15."
E.
Section 302.8 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.
[Amended 9-5-2019 by Ord.
No. 04-20]
F.
Insert the following:
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"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."[2]
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[2]
Editor's Note: For appeals procedures, see
Section 111, Means of Appeal, in the International Property Maintenance
Code.
G.
Section 202. Insert "Unlicensed - Not currently registered
or inspected."
[Added 3-6-2006 by Ord. No. 05-06]
H.
Add a new Section 301.3.1 to read:
[Added 4-4-2011 by Ord. No. 05-11]
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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:
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1.
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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.
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2.
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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.
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3.
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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.
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4.
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For any vacant structure, the CEO may order or otherwise authorize
the boarding up of the structure.
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5.
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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.
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The enforcement provisions of this code shall apply to all activities
and work pursuant to this section.
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