[HISTORY: Adopted by the Town Council of
the Town of Milton 10-6-2003 (Ch. 10, Arts. 1 and 2, of the prior Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Minimum Housing Standards Ordinance of the Town of Milton."
The provisions of this chapter shall apply to
all buildings or portions thereof used or designed or intended to
be used for human habitation. The provisions are designed to eliminate
or prevent substandard conditions with respect to structures, protect
against fire hazards, provide for adequate space for light and air,
provide for proper heating and ventilating and eliminate unsanitary
conditions and overcrowding. The provisions of this chapter shall
apply to existing residential structures or portions thereof used
or designed or intended to be used for human habitation, except for
hotels, motels, inns, nursing homes and convalescent homes.
No person shall occupy as owner-occupant or
shall let to another for occupancy any dwelling, rooming house, dwelling
unit, or room unit which does not comply with the minimum standards
set forth in this chapter.
A.
Words used in the present tense include the future
tense.
B.
For the purpose of this chapter, the singular includes
the plural and the plural includes the singular.
C.
Whenever the words "multifamily dwelling," "residence
building," "dwelling unit" or "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
D.
Where terms are not defined under the provisions of
this chapter, they shall have ascribed to them their ordinary accepted
meanings or such as the context herein may apply.
E.
APPROVED
BASEMENT
BUILDING CODE
BUILDING INSPECTOR
CELLAR
CENTRAL HEATING
CODE ENFORCEMENT OFFICER
CONDEMN
CONDEMNATION
DWELLING
DWELLING, DETACHED SINGLE-FAMILY
DWELLING, MULTIPLE-FAMILY
DWELLING, SEMIDETACHED SINGLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
FULL BATHROOM
GARBAGE
HABITABLE ROOM
HOTEL
INFESTATION
NFPA
OCCUPANT
OPENABLE AREA
OPERATOR
OVERCROWDED
OWNER
PLUMBING
PLUMBING FIXTURES
PREMISES
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
RENOVATION
RESIDENTIAL RENTAL UNIT
ROOMING HOUSE
ROOMING UNITS
RUBBISH
SUBSTANTIAL RENOVATION
SUPPLIES
UL
VENTILATION
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
YARD
The following terms are defined as listed below:
As applied to a material, device or method of construction,
shall mean approved by the Code Enforcement Official, under the provisions
of this chapter or approved by other authority designated by law to
give approval in the matter in question.
That portion of a building, which is partly above grade and
has at least 1/2 its height above grade. (See "cellar.")
The building code of the Town.[1]
The Code Enforcement Officer or Building Inspector for the
Town.
That portion of a building, which is partly or completely
below grade and has more than 1/2 its height below grade.
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside of these rooms.
The Town official in charge of enforcement of this chapter.
The Code Enforcement Officer is the person appointed for this purpose
by the Town Council or their designee.
To adjudge unfit for residential use or human occupancy.
The act of judicially condemning.
A building designed or used principally as the living quarters
for one or more families in one or more dwelling units.
A building containing one dwelling unit and having two side
yards. This term shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motel, hotel, rooming house
or other accommodations used for more or less transient occupancy.
A building containing one dwelling unit and having one party
wall and one side yard. This term shall not be deemed to include motel,
hotel, rooming house or other accommodations used for more or less
transient occupancy.
A building containing one dwelling unit only. This term shall
not be deemed to include motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
A building containing two dwelling units. This term shall
not be deemed to include motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
One room or several rooms connected together, consisting
of a separate, independent housekeeping establishment for owner occupancy,
rental or lease, and containing independent cooking, living, sanitary
and sleeping facilities.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poison spraying, fumigating,
trapping, or by any other approved pest elimination methods.
An individual or two or more persons who are related by blood,
marriage or adoption, living together and occupying a single dwelling
unit with single culinary facilities, or a group of not more than
three unrelated persons living together by joint agreement and occupying
a single dwelling unit on a nonprofit, cost sharing basis. Domestic
servants, employed and residing on the premises, shall be considered
as part of the family.
Includes one toilet, basin/sink and bathtub.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, or eating purposes, excluding bathrooms, toilet
compartments laundries, foyers, pantries, communicating corridors,
stairways, closets, basement, recreation rooms, and storage spaces.
An establishment that provides lodging and usually meals,
entertainment, and various personal services for the public.
[Amended 12-7-2009 by Ord. No. 2009-001]
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
National Fire Protection Association.
[Added 8-3-2015 by Ord.
No. 2015-010]
Any person, including an owner or operator, living and sleeping
in a dwelling unit or having actual possession of said dwelling or
rooming unit.
The part of the window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management, or control of
any dwelling or part of it, in which dwelling units or rooming units
are let.
A dwelling when its occupancy exceeds the maximum number
of persons permitted by this chapter.
Any person firm or corporation having legal or equitable
interest to any dwelling unit or premises.
The labor, materials and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances
and appurtenances.
All water-heating facilities, water pipes, garbage disposal
units, water closets, sinks, installed disposal dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents, and other similar supplied fixtures, together
with all connections to water or sewer lines.
A lot, plot, or parcel of land, including the building and
structures thereon.
Includes the following:
The physical condition or use of any premises
regarded as a public nuisance at common law;
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including, but not limited to abandoned wells, shafts,
basements, excavations and unsafe fences and structures;
Any premises designated as having unsanitary
sewage or plumbing facilities;
Any premises designated as unsafe for human
habitation or use;
Any premises which is manifestly capable of
being a fire hazard or is manifestly unsecure so as to endanger life,
limb or property;
Any premises from which the plumbing, heating
or other facilities required by this chapter have been removed or
from which utilities such as water, sewer, gas and electricity have
been disconnected, destroyed, removed or rendered ineffective or the
precautions against trespassers have not been provided;
Any premises which is unsanitary or which is
littered with rubbish or garbage or which has uncontrolled growth
of weeds; or
Any structure or building that is in an advanced
state of dilapidation, deterioration or decay; has faulty construction;
is overcrowded; is open, vacant or abandoned; is damaged by fire to
the extent as not to provide adequate shelter; is in danger of collapse
or structural failure; and is dangerous to anyone on or near the premises.
Work on a building and its facilities to make it conform
to present-day minimum standards of sanitation, fire and life safety.
Any building, structure, or room which is rented or offered
for rent as living quarters. Residential rental units do not include
bed-and-breakfasts, hotels, inns, or motels.
[Added 8-3-2015 by Ord.
No. 2015-010]
Any dwelling, or that part thereof containing one or more
rooming units, in which space is let to three or more persons.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Renovation costs exceeding 25% of the current assessed value
of the property.
[Added 8-3-2015 by Ord.
No. 2015-010]
Installed, furnished or provided by the owner or operator
at his expense.
Underwriters Laboratories.
[Added 8-3-2015 by Ord.
No. 2015-010]
The process of supplying and removing air by natural or mechanical
means to or from any space.
That such maintenance and repair shall be made in a reasonably
skillful manner.
All ground, lawn, court, walk, driveway, or other spaces
constituting part of the same premises as a dwelling.
The Mayor and Council of the Town of Milton
have determined that it is in the interest of good government and
the safety, health, and public welfare of the Town, its inhabitants
and affairs that the residential dwelling units should be of sufficient
size to insure that the residents and inhabitants of such residential
dwelling units are not subjected to an undue danger or substantial
likelihood thereof, of overcrowding, disease, unsanitary conditions
or a living situation which is detrimental to the public welfare.
Every residential dwelling located within the
corporate limits of the Town of Milton shall have a minimum floor
area of 1,100 square feet.
Floor area shall be calculated on the basis
of habitable room area. However, closet area and hall area within
the dwelling unit, where provided, may count for not more than 10%
of the required habitable floor area. At least 1/2 of the floor area
of every habitable room shall have a ceiling height of not less than
seven feet six inches. The floor area of any part of any room where
the ceiling height is less than five feet shall not be considered
as part of the floor area in computing the total floor area of the
room to determine maximum permissible occupancy.
A "floor area" is defined, for purpose of this
chapter, as the sum of the gross horizontal areas of the portion of
a structure utilized or intended to be utilized for single-family
residential structures, measured from the interior faces of the interior
walls, excluding the following areas:
This chapter shall not pertain to any residential
dwelling unit occupied as of the date of the enactment of this chapter.
This chapter shall apply to any residential dwelling unit constructed,
created or established after the effective date of this chapter, including
but not limited to structures in existence at the time of the enactment
of this chapter which do not contain a substandard residential dwelling
unit as defined herein.
There shall be no more than three persons not
related by blood or marriage residing in a dwelling unit as defined
by this chapter. This provision does not apply to stepparents, who
are legally married to the parent of a minor child.
Every supplied facility, piece of equipment
or utility, which is required under this chapter, and every chimney
and smoke pipe shall be so constructed and installed that it will
function safely and effectively and shall be maintained in sound working
condition.
A.
General. The exterior of a structure shall be maintained
structurally sound and sanitary so as not to pose a threat to the
health and safety of the occupants and so as to protect the occupants
from the environment.
B.
Structural members. All supporting structural members
of all structures shall be maintained structurally sound, free of
deterioration and capable of safely bearing the dead and live loads
imposed upon them.
C.
Exterior surfaces (foundations, walls and roof). Every
foundation, exterior wall, roof and all other exterior surfaces shall
be maintained in a workmanlike state of maintenance and repair and
shall be kept in such condition so as to exclude rats.
D.
Foundation walls. All foundation walls shall be maintained
so as to carry the safe design and operating of dead and live loads,
plumb and free from open cracks and breaks, except as necessary to
release excessive water pressure on the wall so as not to be detrimental
to public safety and welfare.
E.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
condition, which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building. All exterior
surface materials, including wood, composition or metal siding, shall
be maintained weatherproof so as to prevent deterioration.
F.
Roofs. The roof shall be maintained and in good repair
without obvious defects, which might admit rain, roof drainage or
vermin, and shall be adequate to prevent rainwater from causing dampness
in the walls or interior portion of the building.
[Amended 8-3-2015 by Ord.
No. 2015-010]
G.
Decorative features. All cornices, trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
H.
Signs, marquees and awnings. All canopies, marquees,
signs, metal awnings, stairways, fire escapes, standpipes, exhaust
ducts and similar overhang extensions shall be maintained in good
repair, shall be properly anchored so as to be kept in a safe and
sound condition and shall be protected from the elements and against
decay.
I.
Chimneys. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay.
J.
Railings, stairs and porches. Every stair, porch,
balcony and all appurtenances attached thereto shall be so maintained
as to be safe to use and capable of supporting the loads to which
it may be subjected and shall be maintained in sound condition and
repair.
[Amended 8-3-2015 by Ord.
No. 2015-010]
K.
Windows, doors and frames. Every window, door and
frame shall be maintained, in such relation to the adjacent wall construction,
so as to exclude rain as completely as possible and to substantially
exclude wind from entering the building.
L.
Windows and doors to be weather tight. Every window
and exterior door shall be fitted reasonably in its frame and be weather
tight. Weather stripping shall be used as necessary to exclude wind
or rain from entering the dwelling or structure and shall be kept
in sound condition and good repair.
[Amended 8-3-2015 by Ord.
No. 2015-010]
M.
Glazing. Every required window sash shall be fully
supplied with glazing materials, which securely hold in place window
glass.
N.
Openable windows. Every window, other than a fixed
window, shall be capable of being opened and shall be held in position
by window hardware. One-half of the window area is to be openable.
O.
Door hardware. Every exterior door, door hinge and
door latch shall be maintained in good condition. Door locks in dwelling
units shall be in good repair and capable of tightly securing the
door.
P.
Basement and window hatchways. Every basement or cellar
hatchway or window shall be so maintained as to prevent the entrance
of vermin, rain and surface drainage into the structure.
[Amended 8-3-2015 by Ord.
No. 2015-010]
A.
General. The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants
and to protect the occupants from the environment.
B.
Structural members. The supporting structural members
of every building shall be maintained structurally sound, not showing
any evidence of deterioration which would render them incapable of
carrying the imposed loads.
C.
Interior surfaces. Floors, walls, including windows
and doors, ceilings and other interior surfaces shall be maintained
in a good, clean and sanitary condition.
D.
Bathroom and kitchen floors. Every toilet, bathroom
and kitchen floor surface shall be constructed and maintained so as
to permit such floor to be easily kept in a clean and sanitary condition.
E.
Free from dampness. Cellars, basements and crawl spaces
shall be maintained free from standing water.
[Amended 8-3-2015 by Ord.
No. 2015-010]
F.
Sanitation. The interior of every structure shall
be maintained in a clean and sanitary condition free from any accumulation
of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall
be properly kept inside temporary storage facilities.
G.
Storage. Garbage or refuse shall not be allowed to
accumulate or be stored in public halls or stairways.
H.
Insect and rat harborage. All structures shall be
kept free from insect and rat infestation, and, where insects or rats
are found, they shall be promptly exterminated by acceptable processes,
which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
I.
Exit doors. Every door available as an exit shall
be capable of being opened easily from the inside.
J.
Stairs, porches and railings. Stairs, porches, railings
and other exit facilities shall be adequate for safety.
K.
Exit facilities. All interior stairs and railings
and other exit facilities of every structure shall be maintained in
sound condition and good repair by replacing treads and risers that
evidence excessive wear or are broken, warped or loose. Every inside
stair shall be so constructed and maintained as to be safe to use
and capable of supporting the anticipated loads.
A.
General. All spaces or rooms shall be provided sufficient
light so as not to endanger health and safety. All spaces or rooms
shall be provided sufficient natural or mechanical ventilation so
as not to endanger health and safety. Where mechanical ventilation
is provided in lieu of the natural ventilation, such mechanical ventilating
system shall be maintained in operation during the occupancy of any
structure or portion thereof.
B.
Light in habitable rooms. Every habitable room, except
kitchens, toilet rooms, basement or cellar rooms and interior rooms
of townhouses and row houses, shall have at least one window facing
directly to the outdoors, a court or a porch. Every habitable room,
except kitchens and toilet rooms, shall have at least one door or
window, which can be opened to adequately ventilate the room. Kitchens,
toilet rooms without windows, basement or cellar rooms and interior
rooms of townhouses and row houses shall have natural or mechanical
ventilation.
C.
Common halls and stairways. Every common hall and
stairway in every building, other than single-family dwellings, shall
be adequately lighted at all times with an illumination of at least
a sixty-watt light bulb or its equivalent. Such illumination shall
be provided throughout the normally traveled stairs and passageways.
[Amended 8-3-2015 by Ord.
No. 2015-010]
D.
Other spaces. All other spaces shall be provided with
natural or artificial light of sufficient intensity and so distributed
as to permit the maintenance of sanitary conditions and the safe use
of the space and the appliances and fixtures.
E.
Toilet rooms. Every bathroom and water-closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsection B of this section, except that a window shall not be required in bathrooms or water-closet compartments equipped with an approved mechanical ventilation system.
F.
Cooking. Primary cooking facilities shall not be permitted
in any sleeping room or dormitory unit, except for efficiency apartments.
G.
Separation of unit. Dwelling units shall be separate
and apart from each other. With the exception of crib rooms or rooms
accommodating handicapped individuals, sleeping rooms shall not be
used as the only means of access to other sleeping rooms.
H.
Privacy. Hotel units, lodging units and dormitory
units shall be designed to provide privacy and be separate from other
adjoining spaces.
I.
Common access. A habitable room, bathroom or water-closet
compartment, which is accessory to a dwelling unit, shall not open
directly into or be used in conjunction with a food store, barber
or beauty shop, doctor's or dentist's examination or treatment room
or similar room used for public purposes.
J.
Basement rooms and cellar rooms. Basement and cellar
rooms partially below grade shall not be used for sleeping purposes,
unless the basement and cellar room (or rooms) is (are) within the
specifications for sleeping rooms as provided for in this chapter.
K.
Dwelling units. Every dwelling unit shall contain
a minimum gross floor area of not less than 150 square feet for the
first occupant and 100 square feet for each additional occupant. The
floor area shall be calculated on the basis of the total area of all
habitable rooms.
L.
Area for sleeping purposes. In every dwelling unit
and in every rooming unit, every room occupied for sleeping purposes
by one occupant shall contain at least 80 square feet of floor area,
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 60 square feet of floor area for each occupant.
M.
Overcrowding. If any room used for residential purposes
is overcrowded as defined in this section, the Code Enforcement Officer
may order the number of persons sleeping or living in said room to
be reduced.
N.
Prohibited use. It shall be prohibited to use for
sleeping purposes any kitchen, nonhabitable space or public space.
O.
Minimum ceiling heights. Habitable rooms shall have
a clear ceiling height over the minimum area required by this chapter
at not less than seven feet four inches, except that in attics, basements
or top half stories the ceiling height shall be not less than seven
feet over not less than 1/3 of the minimum area required by this chapter
when used for sleeping, study or similar activity. In calculating
the floor area of such rooms, only those portions of the floor area
of the room having a clear ceiling height of five feet or more may
be included.
A.
General. Every dwelling unit shall include its own
plumbing facilities, which are in proper operating condition, can
be used in privacy and are adequate for personal cleanliness and the
disposal of human waste. All plumbing is to be installed in accordance
with the State Plumbing Code.
B.
Water closet and lavatory. Every dwelling unit shall
contain a lavatory and a water closet supplied with cold running water.
The water closet shall not be located in a habitable room. The lavatory
may be placed in the same room as the water closet, or, if located
in another room, the lavatory shall be located in close proximity
to the door leading directly into the room in which said water closet
is located. The lavatory shall be supplied with hot and cold running
water.
C.
Bathtub or shower. Every dwelling unit shall contain
a room which affords privacy to a person in said room and which is
equipped with a bathtub or shower supplied with hot and cold running
water.
D.
Sink. Every dwelling unit shall contain a kitchen sink, apart from the lavatory required under Subsection B of this section, and shall be supplied with hot and cold running water.
E.
Rooming house. At least one water closet, lavatory
basin and bathtub or shower, properly connected to an approved water
and sewer system and in good working condition, shall be supplied
for each four rooms within a rooming house, wherever said facilities
are shared. Every lavatory basin and bathtub or shower shall be supplied
with hot and cold water at all times.
F.
Hotels. Where private water closets, lavatories and
baths are not provided, one water closet, one lavatory and one bathtub,
accessible from a public hallway, shall be provided on each floor.
Each lavatory, bathtub or shower shall be supplied with hot and cold
water at all times.
G.
Privacy. Toilet rooms and bathrooms shall be designed
and arranged to provide privacy.
H.
Direct access. Toilet rooms and bathrooms shall not
be used as a passageway to a hall or other space or to the exterior.
At least one toilet or bathroom in a dwelling unit shall be accessible
from any sleeping room without passing through another sleeping room.
I.
Same story. Toilet rooms and bathrooms serving hotel
units, lodging units or dormitory units, unless located within such
respective units or directly connected thereto, shall be provided
on the same story with such units and be accessible only from a common
hall or passageway.
J.
Floors. Bathrooms and toilet rooms shall be provided
with floors of moisture-resistant material.
K.
Connections. Water supply lines, plumbing fixtures,
vents and drains shall be properly installed, connected and maintained
in working order and shall be kept free from obstructions, leaks and
defects and capable of performing the function for which they are
designed.
L.
Clean and sanitary maintenance. All plumbing facilities
shall be maintained in a clean and sanitary condition by the occupant
so as not to breed insects and rats or produce dangerous or offensive
gases or odors.
M.
Access for cleaning. Plumbing fixtures shall be installed
so as to permit easy access for cleaning both the fixtures and the
areas about them.
N.
Water conservation. Plumbing fixtures, which are replaced,
shall be of water-saving construction and use.
O.
Contamination. The water supply shall be maintained
free from contamination, and all water inlets for plumbing fixtures
shall be located above the overflow rim of the fixture.
P.
Supply. The water supply systems shall be installed
and maintained to provide, at all times, a supply of water to plumbing
fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable them to function satisfactorily.
Q.
Water-heating facilities. Water-heating facilities
shall be properly installed, properly maintained and properly connected
with hot-water lines to the fixtures required to be supplied with
the hot water. Water-heating facilities shall be capable of heating
water to such a temperature so as to permit an adequate amount of
water to be drawn at every required kitchen sink, lavatory basin,
bathtub, shower and laundry facility or other similar units, at a
temperature of not less than 120° F.
R.
Connections. Every sink, lavatory, bathtub or shower,
drinking fountain, water closet or other facility shall be properly
connected to either a public sewer system or to an approved private
sewage disposal system.
S.
Maintenance. Every plumbing stack and waste and sewer
line shall be so installed and maintained as to function properly
and shall be kept free from obstructions, leaks and defects to prevent
structural deterioration or health hazards.
T.
Storm drainage. An approved system of stormwater disposal
shall be provided and maintained for the safe and efficient drainage
of roofs and paved areas, yards and courts and other open areas on
the premises.
A.
Heating. Every dwelling unit and guest room shall
be provided with heating facilities capable of maintaining a room
temperature of 65° F. at a point three feet above the floor and
three feet from an exterior wall in all habitable rooms, bathrooms
and toilet rooms.
(1)
Portable heating equipment employing a flame and heating
equipment using gas, gasoline or kerosene do not meet the standards
of this chapter as a minimum source of heat.
B.
Cooking facilities. In every dwelling unit that contains
cooking and baking facilities for the purpose of preparation of food,
such facilities shall be properly installed by the owner and operated
and kept in a clean and sanitary working condition by the occupant.
(1)
Portable cooking equipment employing flame and cooking
equipment housing gas, gasoline or kerosene as fuel for cooking are
prohibited.
C.
Refrigeration. In every dwelling unit that contains
a refrigeration unit for the temporary preservation of perishable
foods, such unit shall be capable of maintaining an average temperature
below 45° F. and shall be properly installed by the owner and
operated and kept in a clean and sanitary working condition by the
occupant.
D.
Cooking and heating equipment. All cooking and heating
equipment, components and accessories in every heating, cooking and
water-heating device shall be maintained free from leaks and obstructions
and kept functioning properly so as to be free from fire, health and
accident hazards.
E.
Installation. All mechanical equipment shall be properly
installed and safely maintained in good working condition and be capable
of performing the function for which it was designed and intended.
F.
Flue. All fuel-burning equipment designed to be connected
to a flue, chimney or vent shall be connected in an approved manner.
G.
Clearances. All required clearances from combustible
materials shall be maintained.
H.
Safety controls. All safety controls for fuel-burning
equipment shall be maintained in effective operation.
I.
Combustion air. A supply of air for complete combustion
of the fuel and for ventilation of the space shall be provided to
the fuel-burning equipment.
J.
Fireplaces. Fireplaces and other devices intended
for the use similar to a fireplace, including wood and coal-burning
stoves, shall be stable and structurally safe and connected to approved
chimneys.
K.
Climate control. When facilities for interior climate
control (heating, cooling or humidity) are integral functions of structures
used as dwelling units, such facilities shall be maintained and operated
in a continuous manner in accordance with the designed capacity.
A.
Outlets required. Where there is electric service
available to a structure, every habitable room of a dwelling unit
and every guest room shall contain at least two separate and remote
outlets, one of which may be a ceiling or wall-type electric light
fixture. In a kitchen, three separate and remote wall-type electric
convenience outlets, or two such convenience outlets and one ceiling
or wall-type electric light fixture shall be provided. Every public
hall, water-closet compartment, bathroom, laundry room or furnace
room shall contain at least one electric light fixture. In addition
to the electric light fixture in every bathroom and laundry room,
there shall be provided at least one electric outlet. Any new bathroom
outlet shall have ground-fault circuit interrupter protection. Every
such outlet shall be maintained in good and safe working condition
and shall be connected to the source of electrical power in a safe
manner.
B.
Installation. All electrical equipment, wiring and
appliances shall be installed and maintained in a safe manner in accordance
with all applicable laws. All electrical equipment shall be of an
approved type.
C.
Defective system. Where it is found, in the opinion
of the Code Enforcement Official, that the electrical system in a
structure constitutes a hazard to the occupants or the structure by
reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage or for similar
reasons, the Code Enforcement Official shall require the defects to
be corrected to eliminate the hazard.
A.
General. A safe, continuous and unobstructed means
of egress shall be provided from the interior of a structure to the
exterior at a street or to a yard, court or passageway leading to
a public open area at grade. All fire-protection and life-safety devices
and equipment shall be maintained in accordance with the provisions
of the State Fire Prevention Rules and Regulations of the State of
Delaware.
B.
Direct exit. Every dwelling unit or guest room shall
have access directly to the outside or to a public corridor.
C.
Locked doors. All doors in the required means of egress
shall be readily openable from the inner side. Exits from dwelling
units, hotel units, lodging units and dormitory units shall not lead
through other such units or through toilet rooms or bathrooms.
D.
Fire escapes. All required fire escapes shall be maintained
in working condition and structurally sound.
E.
Exit signs. All exit signs shall be maintained, illuminated
and visible.
F.
Accumulations. Waste, refuse or other materials shall
not be allowed to accumulate in stairways, passageways, doors, windows,
fire escapes or other means of egress.
G.
Flammable matter. Highly flammable or explosive matter,
such as paints, volatile oils and cleaning fluids, or combustible
refuse, such as waster paper, boxes and rags, shall not be accumulated
or stored on residential premises except in reasonable quantities
consistent with normal usage.
H.
Residential unit. A dwelling unit or rooming unit
shall not be located within a structure containing an establishment
handling, dispensing or storing flammable liquids with a flash point
of 110° F. or lower.
I.
Fire alarms. Fire alarms and detecting systems shall
be maintained and be suitable for their respective purposes.
J.
Fire-suppression systems. Fire-suppression systems
shall be maintained in good condition, free from mechanical injury.
Sprinkler heads shall be maintained clean, free of corrosion and paint
and not bent or damaged.
K.
Fire extinguishers. All portable fire extinguishers
shall be visible and accessible and maintained in an efficient and
safe operating condition.
L.
Smoke-detector system. Every dwelling unit shall be
provided with an approved smoke detector tested and installed in accordance
with the Fire Prevention Rules and Regulations of the State of Delaware.
When activated, the detector shall be tested in accordance with and
meet the requirements of UL 217, Single and Multiple Station Smoke
Detectors.
M.
Carbon monoxide detectors. All new single-family or multifamily dwellings
constructed after July 1, 2015, which use a fossil-fuel-burning heater
or appliance, fireplace, or have an attached garage shall have a UL
2034 or UL 2075 standard for single- and multiple-station carbon monoxide
alarm system installed in accordance with the current NFPA 720, Chapter
9, on every habitable level as required by the 2012 International
Residential Code Section R315. All single-family or multifamily dwellings,
including residential rental units, substantially renovated after
January 1, 2016, which use a fossil-fuel-burning heater or appliance,
fireplace, or have an attached garage shall have a UL 2034 or UL 2075
standard for single- and multiple-station carbon monoxide alarm system
installed in accordance with the current NFPA 720, Chapter 9, on every
habitable level. All existing single-family or multifamily dwellings,
including residential rental units, which use a fossil-fuel-burning
heater or appliance, fireplace, or have an attached garage shall have
a UL 2075 standard for single- and multiple-station carbon monoxide
alarm system installed in accordance with the current NFPA 720, Chapter
9, on every habitable level by January 1, 2017.
[Added 8-3-2015 by Ord.
No. 2015-010]
A.
Cleanliness. Every occupant of a structure or part
thereof shall keep that part of the structure or premises thereof,
which that occupant occupies, controls or uses, in a clean and sanitary
condition. Every owner of a dwelling containing two or more dwelling
units shall maintain, in a clean and sanitary condition, the shared
or public areas of the dwelling and premises thereof.
(1)
The owner of the dwelling is responsible for the cleaning
of the occupant's area before the space is rented to the occupant.
Where bedding, bed linen or towels are supplied, the owner or operator
shall maintain the bedding in a clean and sanitary manner, and he
shall furnish clean bed linen at least once every week and clean towels
each day.
B.
Disposal of rubbish. Every occupant of a structure
or part thereof shall dispose of all rubbish in a clean and sanitary
manner by placing it in rubbish containers, equipped with tight-fitting
covers, as required by this chapter.
C.
Disposal of garbage. Every occupant of a structure
or part thereof shall dispose of garbage in a clean and sanitary manner,
securely wrapping such garbage and placing it in tight garbage storage
containers as required by this chapter, or by such other disposal
method as may be required by applicable laws or ordinances.
D.
Rubbish storage facilities. Every dwelling unit shall
be supplied with approved containers and covers for storage of rubbish,
and the owner, operator or agent in control of such dwelling shall
be responsible for the removal of such rubbish.
E.
Food preparation. All spaces used or intended to be
used for food preparation shall contain suitable space and equipment
to store, prepare and serve foods in a sanitary manner. There shall
be adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage when
necessary.
F.
Supplied fixtures and equipment. The owner or occupant
of a structure or part thereof shall keep the supplied equipment and
fixtures therein clean and sanitary and shall be responsible for the
exercise of reasonable care in their proper use and operation.
G.
Furnished by occupant. The equipment and fixtures
furnished by the occupant of a structure shall be properly installed
and shall be maintained in good working condition, kept clean and
sanitary and free of defects, leaks or obstructions.
A.
Owner. The owner of any structure shall be responsible
for extermination of insects, rats, vermin or other pests within the
structure prior to renting, leasing or selling the structure.
B.
Tenant-occupant. The tenant-occupant of any structure
shall be responsible for the continued rat-proof condition of the
structure, and, if the tenant-occupant fails to maintain the rat-proof
condition, the cost of extermination shall be the responsibility of
the tenant-occupant.
C.
Single occupancy. The occupant of a structure containing
a single dwelling unit shall be responsible for the extermination
of any insects, rats or other pests in the structure or on the premises.
D.
Multiple occupancy. Every owner, agent or operator
of two or more dwelling units or multiple occupancies or rooming houses
shall be responsible for the extermination of any insects, rats or
other pests in the public or shared areas of the structure and premises.
E.
Extermination procedures. The owner is responsible
for making the structure rodent-proof. All baits used for extermination
shall be used as stated on the package label.
No owner, operator or occupant shall cause any
service equipment or utility which is required by this chapter to
be removed, shut off or disconnected for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies.
Every owner or operator shall advise the occupant,
in writing either by insertion in the lease between the parties or
otherwise, of the maximum number of occupants permitted in the occupied
premises under this chapter.
During that time of the year when it is necessary,
every owner or operator of every two-family, multifamily dwelling
and rooming house shall supply adequate heat fixtures and equipment
to every habitable room therein except where there are separate heating
facilities for each dwelling unit, whose facilities are under the
sole control of the occupant of such dwelling unit.
The provisions of this article shall govern
the administration and enforcement procedures of the Town of Milton
Housing Code.
A.
Except as may otherwise be provided by state or county
statute, no officer, agent or employee of the Town of Milton, charged
with the enforcement of this chapter, shall be rendered personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of duties
under this chapter.
B.
No person who institutes or assists in the prosecution
of a criminal proceeding under this chapter shall be liable for damage
therefor, unless such person acted with actual malice and without
reasonable grounds for believing that the person accused or prosecuted
was guilty of an unlawful act or omission.
C.
Any civil suit brought against any officer, agent
or employee of the Town of Milton as a result of any act required
or permitted in the discharge of duties under this chapter shall be
defended by the Town of Milton Attorney until the final determination
of the proceedings therein.
No officer or employee who has an official duty in connection with the administration and enforcement of this chapter shall be financially interested in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in making the plans or specifications therefor, unless that person is the owner of such building. No such officer or employee shall engage in any activity which is inconsistent with the public interest and the officer's official duties. Any member of a Board of Adjustment and Appeals, as established under § 136-36 of this chapter, who has a similar conflicting interest in the subject matter on appeal, shall not participate in the voting; however, solely because that member's vote is counted will not make the decision void or voidable if the Board of Adjustment and Appeals, with or without knowledge of the material facts as to that member's interest, decided in good faith by a sufficient vote not counting the vote of the interested Board of Adjustment and Appeals member.
The Code Enforcement Officer shall keep or cause
to be kept records concerning the enforcement of this chapter's provisions,
which records shall be open to public inspection.
A.
General. The Code Enforcement Officer shall enforce
all the provisions of this chapter relative to the maintenance of
structures and premises, except as may otherwise be specifically provided
by other regulations.
B.
Notices and orders. The Code Enforcement Officer shall
issue all necessary notices and orders to abate illegal or unsafe
conditions to ensure compliance with the chapter requirements for
the safety, health and general welfare of the public.
C.
Inspections.
(1)
In order to safeguard the safety, health and welfare
of the public, the Code Enforcement Officer is authorized to enter
any structure or premises at any reasonable time for the purpose of
making inspections and performing duties under this chapter.
(2)
If any owner, occupant or other person in charge of
a structure subject to the provisions of this chapter refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structure or premises where inspection authorized
by this chapter is sought, the Code Enforcement Officer may seek,
in a court of competent jurisdiction, an order that such owner, occupant
or other person in charge cease and desist with such interference.
(3)
Every occupant of a structure or premises shall give
the owner or operator thereof, or agent or employee, access to any
part of such structure or its premises at reasonable times for the
purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this chapter.
D.
Credentials. The Code Enforcement Officer or the Code
Enforcement Officer's authorized representative shall disclose proper
evidence of his respective office for the purpose of demonstrating
authority to inspect any and all buildings and premises in the performance
of duties under this chapter.
E.
Annual report. At least annually, the Code Enforcement
Officer shall submit to the Mayor and Council a written statement
of activities in a form and content as shall be prescribed.
A.
General. When a structure is found by the Code Enforcement
Officer to be unsafe or when a structure or part thereof is found
unfit for human occupancy or use, it may be condemned pursuant to
the provisions of this chapter and may be placarded and vacated. Such
condemned structure shall not be reoccupied without approval of the
Code Enforcement Officer, but such approval may not be withheld upon
completion of specified corrections of violations.
B.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY OR USE
UNSAFE EQUIPMENT
UNSAFE STRUCTURE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Whenever the Code Enforcement Officer finds that a structure
is unsafe or because it lacks maintenance and is in extreme disrepair,
is unsanitary, vermin or rat infested, contains filth and contamination
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this chapter.
Includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid container
or other equipment on the premises or within the structure which is
in such disrepair or condition that it is found to be a hazard to
life, health, property or safety of the public or occupants of premises
or structure. Unsafe equipment may contribute to the finding that
the structure is unsafe or unfit for human occupancy or use.
One in which all or part thereof is found to be dangerous
to life, health, property or the safety of the public or the structure's
occupants because it is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
it is likely to partially or completely collapse.
C.
Closing of vacant structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Enforcement Officer may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the Code Enforcement Officer shall cause it to be closed through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 136-37 of this chapter.
A.
Notice to owner or to person or persons responsible. Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred or whenever the Code Enforcement Officer has condemned any structure or equipment under the provisions of § 136-29 of this chapter, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the Code Enforcement Officer has condemned the property or part thereof, the Code Enforcement Officer shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service.
B.
Such notice shall:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient
for identification.
(3)
Include a statement of the reason or reasons why it
is being issued.
(4)
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this chapter.
(5)
Include an explanation of the owner's and/or occupant's
right to seek modification or withdrawal of the notice by petition
to a Board of Adjustment and Appeals.
(6)
State penalties for noncompliance.
C.
Service of notice and orders. Service shall be deemed
to be properly served upon such owner and/or occupant:
(1)
If a copy thereof is delivered to the owner and/or
occupant personally;
(2)
By leaving the notice at the usual place of abode,
in the presence of someone in the family of suitable age and discretion,
who shall be informed of the contents thereof;
(3)
By certified or registered mail addressed to the owner
at the last known address with return receipt requested;
(4)
If the certified or registered letter is returned
with receipt showing that it has not been delivered, by posting a
copy thereof in a conspicuous place on or about the structure affected
by such notice, and at least one publication of such notice in a local
newspaper of general circulation.
D.
Service on occupant. When a condemnation order is
served on an occupant other than the owner or person responsible for
such compliance, a reasonable time to vacate the property after noncompliance
shall be stated. Owners or persons responsible for compliance must
vacate at the time set for correction of defects if there is failure
of compliance.
E.
Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of such property to
another until the provisions of the compliance order or notice of
violation has been complied with or until such owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the Code Enforcement Officer
and shall furnish to the Code Enforcement Officer a signed and notarized
statement from the grantee, transferee, mortgagee or lessee acknowledging
the receipt of such compliance order or notice of violation and fully
accepting the responsibility, without condition, for making the corrections
or repairs required by such compliance order or notice of violation.
A.
Placarding of structure. After the condemnation notice
required under the provisions of this chapter has resulted in an order
by virtue of failure to comply within the time given, the Code Enforcement
Officer may post on the premises or structure or parts thereof or
on defective equipment a placard bearing the words "Condemned as Unfit
for Human Occupancy or Use" and a statement of the penalties provided
for any occupancy or use or for removing the placard. The owner or
the person or persons responsible for the correction of violations
and all other occupants shall remove themselves from the property
on failure to comply with the correction order in the time specified.
B.
Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof or shall use placarded equipment and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be subject to the penalties set forth in § 136-34 of this chapter.
C.
Removal of placard. The Code Enforcement Officer shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the Code Enforcement Officer shall be subject
to the penalties provided by this chapter.
A.
General. Whenever the Code Enforcement Officer finds that an emergency exists on any premises or in any structure or part thereof or on any defective equipment, which requires immediate action to protect the public's health and safety or that of the occupants thereof, the Code Enforcement Officer may, with proper notice and service in accordance with the provisions of § 136-30 of this chapter, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the Code Enforcement Officer deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
B.
Hearing. Any person to whom such order is directed
shall comply therewith. He may thereafter, upon petition directed
to a Board of Adjustment and Appeals, be afforded a hearing as prescribed
in this chapter. Depending upon the findings of the Board of Adjustment
and Appeals at such hearing as to whether the provisions of this chapter
and the rules and regulations adopted pursuant thereto have been complied
with, the Board of Adjustment and Appeals shall continue such order
or modify or revoke it.
Failure to comply with orders and notices shall be subject to the penalties set forth in § 136-34 of this chapter.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, use or occupy any structure or equipment regulated by this
chapter or cause the same to be done, contrary to or in conflict with
or in violation of any of the provisions of this chapter.
B.
Penalty for violation. Any person who shall violate
any provision of this chapter or who fails to comply with any notice
or order issued by the Code Enforcement Officer pursuant to the provisions
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $100 nor more than $500 or be
imprisoned for a term not exceeding 30 days, or both. Except where
an appeal is taken, each day of a separate and continuing violation
shall be deemed a separate offense. The nearest Justice of the Peace
Court shall have exclusive and original jurisdiction over offenses
prosecuted under this chapter.
C.
Prosecution. In case any violation order is not promptly complied with, the Code Enforcement Officer may direct the Town of Milton Attorney to institute an appropriate action or proceeding at law to seek the penalty provided in Subsection B of this section. Also, the Code Enforcement Officer may ask such legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation
or alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy or use of the structure or
part thereof erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this chapter or in
violation of a plan or specification under which an approval, permit
or certification was issued.
A.
General. The Code Official may order the owner of
premises upon which is located any structure or part thereof which,
in the Code Officer's judgment, is so old, dilapidated or has become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use so that it would be unreasonable
to repair the same, to raze and remove such structure or part thereof
or, if it can be made safe by repair, to repair and make safe and
sanitary or to raze and remove at the owner's option or, where there
has been a cessation of normal construction of any structure for a
period of more than two years, to raze and remove such structure or
part thereof.
B.
Order. The order shall specify a time in which the
owner shall comply therewith and specify repairs, if any. It shall
be served on the owner of record or an agent where an agent is in
charge of the building and upon the holder of any lien in the manner
provided for service of a summons by a court of record. If the owner
or a holder of a lien of record cannot be found, the order may be
served by posting it on the main entrance of the building and by publishing
it once each week, for three successive weeks, in a newspaper of general
circulation in accordance with the rules of the Superior Court.
C.
Restraining actions. Anyone affected by any such order
may, within 30 days after service of such order, apply to a court
of record for an order restraining the Code Official from razing and
removing such structure or parts thereof. The court shall determine
whether the order of the Code Official is reasonable, and, if found
unreasonable, the court may issue a restraining order.
D.
Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 136-37 of this chapter.
E.
Salvage materials. When any structure has been ordered
razed and removed, the Code Enforcement Officer or other designated
officer may sell the salvage and valuable materials resulting from
such razing or removal; such materials to be sold at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses
of such razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the
amounts deducted, for the use of the person who may be entitled thereto,
subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
[Added 8-3-2015 by Ord.
No. 2015-010; amended 9-12-2016 by Ord. No. 2016-006]
If the property owner feels, in his or her opinion, that the
Town's Code Enforcement Officer has made an error, or when the
true intent and meaning of this chapter has been misconstrued or wrongly
interpreted, he or she may appeal the decision to the Board of Appeals.
Notice of appeal shall be in writing and filed within 30 days after
the Town Code Enforcement Officer renders the decision.
[Amended 8-3-2015 by Ord.
No. 2015-010]
There is established in the Town a Board of Appeals which shall
consist of three members, the Mayor of the Town and two elected members
of the Town Council. The Town Solicitor is not a member and does not
vote but advises the Board.
[Amended 8-3-2015 by Ord.
No. 2015-010]
Any two members of the Board shall constitute a quorum. In reversing
or modifying the action of the Code Enforcement Officer or the application
of the housing standards, an affirmative vote of a majority of all
the members of the Board shall be required. No member of the Board
of Appeals shall act in a case in which he has a personal interest.
[Amended 8-3-2015 by Ord.
No. 2015-010]
Within five days following receipt of the notice of appeal,
the Code Enforcement Officer shall transmit to the Town Manager and/or
his/her designee all the papers constituting the record upon which
the decision was taken. No later than 30 days following receipt of
the notice of appeal by the Town Manager and/or his/her designee,
the Mayor of the Town shall set a time, date and place for the hearing
of the appeal by the Board of Appeals. All meetings of the Board shall
be open to the members of the general public. The Board shall keep
minutes and records of its proceedings, showing the evidence received
at the hearing, the vote of each member upon each question considered,
and indicating the absence of a member or failure of a member to vote
if such was the fact. An application fee as specified in the currently
effective Town of Milton Fee Schedule shall be paid to the Town Manager
and/or his/her designee at the time of filing the notice of appeal.
The Board shall consider no appeal until the required fee is paid.
[Amended 8-3-2015 by Ord.
No. 2015-010]
The Board shall adopt rules of procedure in order to carry out
the intent of this chapter. The Mayor shall serve as Chairman of the
Board of Appeals and shall appoint a Vice Chairman. The Chairman or,
in his absence or disqualification, the Vice Chairman shall administer
the oaths and may compel the attendance of witnesses. Meetings of
the Board shall be at the call of the Chairman or, in his absence
or disqualification, by the Vice Chairman.
[Amended 8-3-2015 by Ord.
No. 2015-010]
Every decision of the Board of Appeals shall be final, subject,
however, to such remedy as any aggrieved party might have at law or
in equity. It shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the Town Hall
office and shall be open to public inspection. A certified copy shall
be sent by mail or otherwise to the appellant, and a copy shall be
kept publicly posted in Town Hall for a period of two weeks after
filing.
[Amended 8-3-2015 by Ord.
No. 2015-010]
There is hereby created a tax lien on real property for moneys
expended by the county or a community for razing, demolition, removal
or repairs of buildings or abatement of other unsafe conditions constituting
a threat to the public health and safety where the responsible party
refuses or fails to comply with the lawful order of the Code Official
after due notice thereof, either actual or constructive. Upon certification
of a tax lien to the appropriate county or community official by the
Code Official, the amount of such lien shall be recorded and collected
in the same manner as other county real estate taxes and paid to the
county or community, when collected, by the appropriate county government.
[Amended 8-3-2015 by Ord.
No. 2015-010]
A contract effective as between owner and operator, operator
and occupant, or owner and occupant, with regard to compliance hereunder,
shall not relieve any party of his direct responsibility under this
chapter.
[Amended 8-3-2015 by Ord.
No. 2015-010]
A.
The Code
Enforcement Officer shall enforce the provisions of this chapter as
well as anyone who is appointed by the Town Council to enforce the
provisions thereof.
