Cross References — As to inspections of multi-family structures, see §5-3.1.1; as to inspection of commercial and industrial structures, see §5-3.1.2.
[Ord. No. 604 §1; Ord. No. 677 §1]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ACCESSORY STRUCTURE
- A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customary to the main building.
- Any structure designed for occupancy as a residence or as a business, including residential mobile homes located within an approved mobile home trailer coach park.
[Ord. No. 604, §1; Ord. No. 677, §2; Ord. No. 1979 §1, 6-19-2007]
Foundations. Every foundation shall be reasonably weathertight, rodent-proof and shall be kept in good repair. The foundation elements shall adequately support the building at all points.
Walls. Every exterior wall shall be free of holes, breaks, loose or rotting siding and any other conditions which might admit rain or dampness to the interior portions of the walls or structure. All exterior surface material shall be kept in good repair.
Windows, Doors and Hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window sash and door shall fit reasonably tight within its frame and shall be properly hinged. Every window shall be fully supplied with panes, or a rigid translucent substitute, free of cracks or holes. Screens, if installed, shall be kept in good repair.
Stairways and Porches. Every exterior stairway and every porch shall be kept in safe condition and sound repair. Every exterior flight of stairs and every porch floor shall be free of deterioration. Every porch rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have rotting, loose or deteriorating supports. No porch shall have rotting, loose or deteriorating supports or floors.
Chimneys and Flues. Any brick, masonry or other structural chimney or flue and any attached accessories shall be kept in sound repair.
Gutters. Every main structure shall be guttered when appropriate and with ample downspouts, properly positioned and in good repair.
Roof. All roofs shall be sufficiently waterproof, weatherproof and fitted to exclude the entrance of rain, rodents, birds and other impediments to the maintenance of interior health and safety. All surface materials shall be kept in good repair.
Accessory Structures. All accessory structures shall be maintained in good condition and shall be compatible with their intended use.
Fixtures and Hardware. Fixtures, including awnings, shutters and the like, shall be maintained in good condition.
Exterior Surfaces. All exterior material coatings, where appropriate, shall be properly applied and maintained.
Mobile Homes. Every mobile home shall be securely tied down in an approved manner. Every mobile home shall be entirely underskirted. Every mobile home exterior shall be free of major dents or scratches and fading or peeling paint. Every mobile home roof shall be watertight.
Awnings and Awning Support Structures. Awnings must be properly and completely secured to awning support structures and maintained so as to be free of tears, holes, warping, severe fading or defacement. Awning support structures must be covered by an awning at all times and maintained so as to be structurally sound and not present a public safety hazard.
[Ord. No. 604, §1]
Every yard, court, vent passageway, driveway, sidewalk and other portion of the lot on which the dwelling stands shall be free of debris, weeds and other safety hazards, graded and drained so as to prevent the accumulation of stagnant water on any such surface. Driveways and sidewalks shall be maintained in good repair.
Gravel from gravel driveways must be retained in the driveways and kept clear of sidewalks and streets.
[Ord. No. 2175 §1, 6-21-2011]
On change of ownership excepting newly constructed structures for which an occupancy permit has been issued upon completion of construction of a structure and issued within a thirty (30) day period prior to ownership change, it shall be unlawful for any person to hereafter occupy or any owner or agent thereof to permit the occupancy of any building or addition thereto, or part thereof, for any purpose until a Certificate of Exterior Appearance Compliance has been issued by the Building Department. The Certificate of Exterior Appearance Compliance shall state that the premises complies with all provisions of this Article.
Where there is a change in ownership of a building, the seller or the seller's agent shall complete the Application for Certificate of Exterior Appearance and shall pay an inspection fee of ten dollars ($10.00).
The Certificate of Exterior Appearance compliance shall remain in effect for a period of six (6) months from the date of issuance.
[Ord. No. 604, §1; Ord. No. 611, §4; Ord. No. 677, §4; Ord. No. 1075 §1, 12-21-1993; Ord. No. 2032 §1, 3-5-2008; Ord. No. 2175 §2, 6-21-2011]
It shall be the duty of the Building Commissioner to enforce the provisions of this Chapter. The Building Commissioner is authorized and directed to make exterior inspections only to determine whether buildings, structures or premises located within the City conform to the requirements of this Chapter. Inspections of property under this Article shall be made under any of the following conditions:
Upon change of ownership, excepting newly constructed structures for which an occupancy permit has been issued upon completion of construction of a structure and issued within a thirty (30) day period prior to ownership change.
Where there is exterior deterioration of a building.
Whenever there is a change of occupancy of a mobile home pad.
[Ord. No. 604, §1; Ord. No. 2059 §1, 8-19-2008]
Whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Article, he will give notice of such alleged violation to the person responsible therefor which shall:
Be in writing;
Contain a statement of the reason why it is being issued;
Allow a reasonable time for the performance of any act it requires;
Contain a statement of the applicable procedure;
Be served upon the owner or his agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or on any occupant, if a copy thereof is:
[Ord. No. 952, §1, 4-17-1990; Ord. No. 1076 §§1-2, 1-4-1994]
The owner of any buildings, structures or premises shall be given not less than ten (10) days nor more than thirty (30) days after the issuance of the notice in which to remedy the condition(s) therein specified; provided, however, that the Building Commissioner may, due to extenuating circumstances with which he acknowledges and agrees, extend the time for compliance with same for a period or periods not to exceed a total of one hundred eighty (180) days past the date of such initial notice issuance.
It shall be unlawful for any person to fail to comply with the terms of the notice of the violations.
It shall be the duty of the Building Commissioner to enforce this Article, and the Building Commissioner may sign and endorse external appearance code summons as part of his duty to enforce this Article.
The owner or agent of a building or premises in or upon which a violation of any provision of this Article has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which such violation has been committed or shall exist; or the owner, agent, lessee or tenant of any part of the building or premises in or upon which such violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each day that such violation shall continue. Any person who, having been served with an order to correct any such violation shall fail to comply with the order within thirty (30) days after such service, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[Ord. No. 2175 §3, 6-21-2011]
It shall be unlawful for the owner of any property upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with or until such owner shall first furnish to the grantee, transferee, mortgagee, or lessee a copy of the notice of violation issued by the Building Commissioner and shall furnish to the Building Commissioner a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such notice of violation within the period of time provided in such notice.
[Ord. No. 604, §1]
All appeals of the determination made by the Building Commissioner regarding this Article shall be heard by the Board of Adjustment.
The Board of Adjustment shall have the following jurisdiction:
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Enforcement Official.
To authorize a variance from the strict application of any provision of the Exterior Appearance Code where property owner can show that this would result in an exceptional practical difficulty and be a particular hardship as distinguished from a mere inconvenience to such owner, if such relief can be granted without substantial detriment to the public welfare and without substantially impairing the general purpose and intent of this Article.