It is hereby found and declared that there exist in the Town
structures used for nonresidential as well as residential use which
are or may become in the future substandard with respect to structure,
equipment or maintenance, and, further, that such conditions, including
but not limited to structural deterioration, lack of maintenance and
appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, insanitary conditions, constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Town. It is further found and declared that by
reason of lack of maintenance and progressive deterioration, certain
properties have the further effect of creating blighting conditions
and initiating slums, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained, the growth of slums and blight may
be prevented and the neighborhood property values thereby maintained,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this chapter is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of nonresidential
premises; to establish minimum standards governing utilities and facilities
and other physical components and conditions essential to make the
aforesaid facilities fit for occupancy and use; to fix certain responsibilities
and duties upon owners and operators, and distinct and separate responsibilities
and duties upon occupants; to authorize and establish procedures for
the inspection of nonresidential premises; to fix penalties for the
violations of this chapter; to provide for the right of access across
adjoining premises; to permit repairs; and to provide for the repair,
demolition or vacation of premises unfit for occupancy or use. This
chapter is hereby declared to be remedial and essential for the public
interest and it is intended that this chapter be literally construed
to effectuate the purposes as stated herein.
Every portion of a building or premises used for or intended to be used for commercial business or industrial occupancy shall comply with the provisions of this chapter irrespective of when such building shall have been constructed, altered or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities, except as provided in § 460-4.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, electrical,
plumbing, fire, safety or health ordinances[1] or any regulation adopted pursuant thereto, or any other
ordinances, code or regulation of the Town, the provision which establishes
the highest standard shall prevail.
All departments, officials and employees of the Town who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy, equipment or facilities shall conform to the provisions of this chapter, and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in § 460-4.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the Town or its officers or agencies relating
to the removal or demolition of any building which is deemed to be
dangerous, unsafe or unsanitary.
This chapter shall not affect the violation of any other ordinance,
code or regulation of the Town existing prior to the effective date
of this chapter, and such violation shall be governed by and shall
continue to be punishable to the full extent of the law under the
provisions of those ordinances, codes or regulations in effect at
the time the violation was committed.
A.
ACCESSORY STRUCTURE
BASEMENT
CELLAR
CODE ENFORCEMENT AGENCY
EXTERIOR PROPERTY AREAS
EXTERMINATION
GARBAGE
HOUSING INSPECTOR
NONRESIDENTIAL
OPERATOR
OWNER
PERSON
RUBBISH
SEWAGE
STRUCTURE
SUPPLIED FACILITIES
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
The portion of the building which is partly underground and
which has more than five feet of its height, measured from clear floor
to ceiling, above the average finished grade of the ground adjoining
the building.
Lowermost portion of the building, partly or totally underground,
having half or more of it height, measured from the clear floor to
ceiling, below the average finished grade of the adjoining ground.
The Department of Housing Services.
[Amended 1-13-1981 by Ord. No. MC 2622; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No.
MC 3511]
Open space within structure or open space surrounding structure
where title is held in same name as owner of structure.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating
or trapping; or by any other approved means of pest elimination.
The animal, vegetable and mineral waste resulting from the
handling, preparation, cooking and consumption of food.
All officials, officers or employees of the Town entrusted
with the enforcement of this chapter.
All commercial and industrial premises and properties.
Any person who has charge, care or control of a building
or part thereof.
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, firm or corporation
in control of a building.
Includes any individual, firm, corporation, association or
partnership.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust.
Waste from a flush toilet, bath, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
Combination of any materials, whether fixed or portable,
forming a construction, including buildings. The word "structure"
shall be construed as though followed by the words "or part or parts
thereof."
Facilities paid for, furnished or provided by or under the
control of the owner or operator.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
B.
Meaning of certain words. When the word "premises" is used in this
chapter, it shall be construed as though it were followed by the words
"or any part thereof."
