B.Â
Purpose. The purpose of this chapter is to protect the public health,
safety and welfare in buildings and on the premises as provided by:
(1)Â
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space, heating and sanitation; for safety
from fire; for space, use and location; for safe and sanitary maintenance;
and for cooking equipment in all structures now in existence.
(2)Â
Fixing the responsibilities of owners, operators and occupants of
all structures.
(3)Â
Providing for administration, enforcement and penalties.
C.Â
Matters covered. The provisions of this chapter shall apply to all
structures and premises which are now or may become in the future
substandard with respect to structure, premises, protection against
fire hazard, equipment or maintenance, inadequate provisions for light
and air, lack of proper heating, unsanitary conditions, overcrowding
or other conditions which may be deemed to be harmful to the safety,
health or welfare of the occupants, the neighborhood or the general
public. The existence of such conditions, factors or characteristics
adversely affects public safety, health and welfare and leads to the
continuation, extension and aggravation of urban blight. Adequate
protection of the public, therefore, requires the establishment and
enforcement of these minimum standards.
D.Â
Travel trailers and mobile homes. All moveable units used for human
occupancy and the areas, grounds or parcels on which they are located,
insofar as they are applicable and not in conflict with, shall comply
with the requirements of this chapter.
Every portion of a building or premises used or intended to
be used shall comply with the provisions of this chapter, irrespective
of when such building shall have been constructed, altered or repaired,
except as provided in this chapter.
A.Â
Application of Building Code. Any alterations to buildings, or changes
of use therein, which may be caused directly or indirectly by the
enforcement of this chapter shall be done in accordance with applicable
sections of the City Building Code.[1]
B.Â
Application of zoning law. Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter 720, Zoning, of this Code, nor the continuation of such nonconforming use in any zone except as provided therein.
C.Â
Conflict with other ordinances. Except as provided in Subsection D, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
D.Â
Existing buildings. This chapter establishes minimum requirements
for the initial and continued occupancy of all buildings and structures
and does not replace or modify requirements otherwise established
for the construction, repair, alteration or use of buildings, equipment
or facilities except as provided in this section.
E.Â
Existing remedies. Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality for its buildings
which are deemed to be dangerous, unsafe, or unsanitary.
[Amended 3-26-2003 by Ord. No. 3154]
A.Â
General.
(1)Â
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
(3)Â
Terms not defined. Where terms are not defined under the provisions
of this chapter or under the provisions of the Building Code, they
shall have ascribed to them their ordinarily accepted meanings or
such as the context herein may imply.
(4)Â
Terms included. Whenever the words "multifamily dwelling," "residence
building," "dwelling unit," "rooming house," "rooming unit" or "premises"
are used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."[2]
(5)Â
Workmanlike. Whenever the words "workmanlike state of maintenance
and repair" are used in this chapter, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
B.Â
ACCEPTABLE STANDARDS
APPROVED
BASEMENT
BUILDING CODE
CODE ENFORCEMENT OFFICER
DEBRIS
DWELLING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
GARBAGE
GROSS FLOOR AREA
HABITABLE ROOM
INFESTATION
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
PERSON
PLUMBING or PLUMBING FIXTURES
PREMISES
RESIDENCE BUILDING
RUBBISH
STRUCTURE
SUPPLIED
VENTILATION
(1)Â
(2)Â
YARD
Applied meaning of words and terms. Unless otherwise expressly stated,
the following terms shall, for the purpose of this chapter, have the
meanings indicated:[3]
Standards of care or workmanship that are of a type that
does not create a nuisance or cause a property or area to appear in
a blighted condition or tend to depreciate property values in the
neighborhood or area.
Approved as applied to a material, device, or method of construction
shall mean approved by the Chief Inspector under the provisions of
this chapter or approved by other authority designated by law to give
approval in the matter in question.[4]
A story having the entire floor-to-ceiling height below grade.
When a basement is used for storage, parking, or other facilities
for the common use of occupants of the rest of the building, it shall
not be counted as a story in determining building height.[5]
The Building Code officially adopted by the City Council
or such other code as may be originally designated by the City Council
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.[6]
The official designated herein or otherwise charged with
the responsibilities of administering this chapter or his authorized
representative.[7]
Any junk, wood, bricks, cement, concrete blocks, abandoned
vehicles or machinery or parts thereof, furniture not made for outdoor
use, refrigerators, furnaces, washing machines, stoves, and other
appliances or any other unsightly accumulation of items or material,
such as may tend to depreciate property values in the area, create
a blighted condition, or create a nuisance or hazard. Such materials
shall not be allowed on any property, except when such materials are
properly housed and out of public view.[8]
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
[9]
ONE-FAMILY DWELLINGA building containing one dwelling.
TWO-FAMILY DWELLINGA building containing two dwelling units.
MULTIFAMILY APARTMENT HOUSEA building containing three or more dwelling units.
BOARDINGHOUSE or ROOMING HOUSEA group of rooms with or without individual bathroom units but without cooking facilities, other than a motel, hotel or bed-and-breakfast inn, where lodging or meals or both for compensation are provided for at least three persons and up to 10 persons.
[Amended 9-11-2019 by Ord. No. 3697]
DORMITORYA building used as group living quarters for a student body or religious order as an accessory use for a college, university, convent, monastery or other similar use.
HOTELA building arranged or used for the sheltering, sleeping, or feeding, for compensation, of more than 20 individuals.
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, rodents or other
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping, or by any other approved pest elimination methods.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
[Amended 4-24-2014 by Ord. No. 3544]
The group shares the entire dwelling unit;
The group lives together as a single housekeeping unit;
The group shares expenses for food, rent, utilities or other
household expenses;
The group is permanent and stable and not transient or temporary
in nature; and
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total area of all space in a building or structure, excluding
basement areas devoted exclusively to the operation of the entire
building.
[Amended 4-24-2014 by Ord. No. 3544]
A room or enclosed floor space arranged for living, eating,
and sleeping purposes (not including bathrooms, water closet compartment,
laundries, pantries, foyers, hallways and other accessory floor spaces).
The presence within or contiguous to a structure or premises
of insects, rodents, vermin or other pests.
Any person over one year of age (including owner or operator)
living and sleeping in a dwelling unit or having actual possession
of such dwelling or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
[Amended 4-24-2014 by Ord. No. 3544]
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person in control of
a building or of premises or his authorized agents.
An individual, firm, corporation, association or partnership.
Water heating facilities, water pipes, gas pipes, garbage
and disposal units, waste lavatories, bathtubs, shower baths, installed
clothes washing machines, or other similar equipment, catch basins,
drains, vents, or other similarly supplied fixtures, together with
all connections to water, gas, sewer or vent lines.
A lot, plot or parcel of land, including the buildings or
structures thereon.
A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided, except when classified as an institution under the Chapter 255 of this Code.
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 trimming, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, tents, reviewing
stands, platforms, stagings, observation towers, radio towers, television
antennas, satellite dishes, water tanks, trestles, piers, wharves,
open sheds, coal bins, shelters, fences and display signs.
Installed, furnished or provided by the owner or operator.
The process of supplying and removing air by natural or mechanical
means to or from any space.
MECHANICALVentilation by power driven devices.
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind driven devices.
An open space that lies between a building or structure and
the nearest lot line.
[Amended 4-24-2014 by Ord. No. 3544]
[3]
Editor's Note: The following definitions which appeared in this subsection were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "building official," "cellar," "dwelling unit," "hotel," "housing inspector," "motel," "multifamily (multiple) dwelling" and "rooming house."
