[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.
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]
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) Chimneys and Flues. Any brick, masonry or other
structural chimney or flue and any attached accessories shall be kept
in sound repair.
(f) Gutters. Every main structure shall be guttered
when appropriate and with ample downspouts, properly positioned and
in good repair.
(g) 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.
(h) Accessory Structures. All accessory structures shall
be maintained in good condition and shall be compatible with their
intended use.
(i) Fixtures and Hardware. Fixtures, including awnings,
shutters and the like, shall be maintained in good condition.
(j) Exterior Surfaces. All exterior material coatings,
where appropriate, shall be properly applied and maintained.
(k) 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.
(l) 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; Ord. No. 2686, 12-6-2022]
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 where there is exterior deterioration of
a building. For the purpose of making such inspections, the Building
Commissioner or his/her agent is authorized to enter upon the premises
to examine exterior structure and ground conditions.
[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:
(b) Contain a statement of the reason why it is being issued;
(c) Allow a reasonable time for the performance of any act it requires;
(d) Contain a statement of the applicable procedure;
(e) 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:
(1) Served upon him personally; or
(2) Sent by priority mail to his last known address; or
(3) Posted in conspicuous place in or about the dwelling affected by
notice; and
(4) Contains on outline of remedial action which, if taken, will effect
compliance with the provisions of this Article.
[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:
(1) 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.
(2) 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.
Any person claiming to be aggrieved by any order, requirement,
decision or determination made by the Enforcement Official hereunder,
or seeking a variance from the provisions of this Article shall have
the right to appeal to the Board of Adjustment. Such appeal or request
for variance shall be taken within a reasonable time, as shall be
prescribed by the Board by general rule, by filing with the Building
Commissioner and with the Board a notice of appeal specifying the
grounds thereof. Upon filing a notice of appeal or request for variance,
the Enforcement Official shall forthwith submit to the Board of Adjustment
all papers constituting the record upon which the action appealed
from or request for variance was taken.
|
Appeals from the decision of the Board of Adjustment shall be
as provided in Section 23- 195.
|