In enacting this Article 1713, Council, by Ordinance 62-1966,
67 § 1, 2, passed September 11, 1967, ordained the following:
(a) Findings and Declaration of Policy. It is hereby found
and declared that there exists in the City structures used for nonresidential
purposes which are, or may become in the future, substandard with
respect to structure, equipment and maintenance; 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, inadequate provisions for light and air, unsanitary conditions
and overcrowding constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the City. It is further found and declared that by reason of lack
of maintenance and progressive deterioration, such properties have
the further effect of creating blighting conditions, 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. By reason
of such timely regulations as herein contained, the growth of blight
may be prevented and neighborhood property values maintained; the
amenities of residential and nonresidential uses enhanced; and the
public health, safety and welfare protected and fostered.
(b) Purposes. The purpose of this Commercial Structure
Code 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, facilities and other physical components
and conditions essential to make the aforesaid facilities fit for
human habitation, 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 premises; to fix penalties for the violations of
this Commercial Structure Code; and to provide for the repair, demolition
or vacation of premises unfit for human habitation or occupancy or
use. This Code is hereby declared to be remedial and essential for
the public interest and it is intended that this Code be liberally
construed to effectuate the purposes as stated herein.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The short title of this article shall be the "Lebanon Commercial
Structure Code".
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following terms wherever used herein or referred to in this
article shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Accessory structure" means 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.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Building" means a structure adapted to permanent or continuous
occupancy or use for public, institutional, business, industrial or
storage purposes.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Deterioration" means the condition of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
Fire hazard means:
(a) Any device or condition likely to cause fire and which is so situated
as to endanger either persons or property.
(b) The creation, maintenance or continuation of any physical condition
by reason of which there exists a use, accumulation or storage of
combustible or explosive material sufficient in amount or so located
or in such a manner as to put in jeopardy, in event of ignition, either
persons or property.
(c) The obstruction to or of fire escapes, ladders which may be used
as escape, stairways, aisles, exits, doors, windows, passageways or
halls, likely, in the event of fire to interfere with the operations
of the Bureau of Fire or of the safety and ready egress of occupants.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Garbage" means all kitchen refuse of residences, hotels, restaurants
or other places where food is prepared for human consumption, and
all offal from fish, meat and vegetable markets, and all vegetable
or organic substances unfit for food that are subject to immediate
decay.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Infestation" means the presence of insects, rodents, vermin
or other pests on the premises which constitute a health hazard.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Operator" means any person serving as an agent for the owner
for the operation, care and control of a premises or a part thereof.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Owner" means any person, who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without the accompanying actual possession thereof; or shall
have charge, care or control as owner or agent of the owner, or as
executor, executrix, administrator, administratrix, trustee, receiver
or guardian of an estate, or as a mortgagee in possession regardless
of how such possession was obtained.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Plumbing" means all of the following supplies, facilities and
equipment: gas pipes, gas-burning equipment, water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing machines,
catch basins, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines and water pipes
and lines utilized in conjunction with air conditioning equipment.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Premises" means a lot, plot or parcel of land including the
building or structures thereon.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Restroom" means an enclosed space containing one or more toilets
and one or more lavatories or fixtures serving similar purposes.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Rubbish" means all combustible and noncombustible waste materials,
except garbage, and the term shall include, but not be limited to:
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, abandoned automobiles and dust.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Structure" means any combination of any materials, whether
fixed or portable, forming a construction, including buildings.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Ventilation" means the supply and removal of air to and from
any space by natural or mechanical means.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Mechanical ventilation" means ventilation by power-driven devices.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Natural ventilation" means ventilation by opening to outer
air through windows, skylights, doors or stacks with or without wind-driven
devices.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Weathering" means the deterioration, decay or damage caused
by exposure to the elements.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
Every building and the premises on which it is situated shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article, 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 article (Ord. 62-1966, 67, passed September 11, 1967). This article establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Section
1713.21.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
In any case where the provisions of this article impose a higher
standard than that set forth in any other ordinance or law, then the
standards as set forth herein shall prevail, but if the provisions
of this article impose a lower standard than any other ordinance or
law, then the higher standard contained in such other ordinance or
law shall prevail.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
No license or permit or other certification of compliance with
this article shall constitute a defense to any violation of any other
ordinance of the City applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision, nor any official of
the City from enforcing any such other provision.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
(a) Owners and operators shall have the duties and responsibilities as prescribed in Section
1713.24 and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(b) Occupants shall have all the duties and responsibilities as prescribed in Section
1713.25 and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
(c) Unless expressly provided to the contrary in this article the respective
obligations and responsibilities of the owner and operator on one
hand, and the occupant on the other, shall not be altered or affected
by any agreement or contract by and between any of the aforesaid or
between them and other parties.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following duties and responsibilities are hereby imposed
upon every owner and operator of any building covered by the provisions
of this article:
(a) The exterior of the premises and all structures thereon shall be
kept free of all nuisances and any hazards to the safety of occupants,
pedestrians and persons utilizing the premises, and free of unsanitary
conditions, and any of the foregoing shall be promptly removed and
abated by the owner or operator. The items prohibited hereby shall
include, but not be limited to: brush, weeds, broken glass, stump
roots, obnoxious growths, filth, garbage, trash, refuse, debris, dead
and dying trees and limbs or other natural growth, loose and over-hanging
objects and ground surface hazards.
(b) Foundation walls shall be kept structurally sound, free from defects
and damage, and capable of bearing imposed loads safely.
(c) Chimneys and all flue and vent attachments thereto shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft equipment shall provide sufficient
draft to develop the rated output of the connected equipment, shall
be structurally safe, durable, smoke-tight and capable of withstanding
the action of flue gases.
(d) Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with bannisters or railings properly designed and maintained
to minimize the hazard of falling, and the same shall be kept structurally
sound, in good repair and free from defects.
(e) The exterior of the premises and the conditions of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereon shall reflect a level of maintenance in keeping
with standards of the neighborhood.
(f) Premises shall be kept landscaped, and lawns, hedges and bushes shall
be kept trimmed.
(g) All permanent signs and billboards exposed to public view permitted
by reason of other ordinances or laws shall be maintained in good
repair. Any signs which have excessively weathered or faded or those
upon which the paint has excessively peeled or cracked shall, with
their supporting members, be removed forthwith or put into a good
state of repair by the owner of the sign.
(h) All display windows or store fronts constructed of plate glass shall
be kept clean and free of cracks, and no storage shall be permitted
therein unless shielded from public view.
(i) All store fronts shall be kept in good repair, painted where required,
and shall not constitute a safety hazard or nuisance. In the event
repairs to a store front become necessary, such repairs shall be made
with the same, similar or compatible materials used in the construction
of the store front in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a store front shall be kept
painted, where required, and in good repair.
(j) Any awning or marquee and its accompanying structural members which
extends over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall not constitute a nuisance
or a safety hazard. In the event such awning or marquee is not properly
maintained in accordance with the foregoing, it shall, together with
its supporting members, be removed forthwith. In the event such awning
or marquee is made of cloth, plastic or of similar materials, such
cloth or plastic where exposed to public view shall be maintained
in good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other holes. Nothing herein shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
(k) For purposes of preservation and appearance, the exterior of every
structure or accessory structure shall be kept in good repair and
be kept painted. All surfaces shall be maintained free from broken
glass, loose shingles, crumbling stone or brick, excessive peeling
paint or any other condition reflective of deterioration or inadequate
maintenance.
(l) Restrooms shall be surfaced with waterproof floors such as ceramic
tile or asphalt tile and shall be kept dry, clean and sanitary at
all times. Sufficient restrooms shall be installed and maintained
for each sex commensurate with the use of the premises. Every restroom
shall be provided with a permanently installed artificial lighting
fixture, and a wall switch therefor which is free from danger of short
circuiting.
(m) All premises shall be properly connected to and provided with electric
power. All such connections and electrical equipment shall be installed
and maintained in conformity with the provisions of the Lebanon Electric
Code, and other applicable ordinances.
(n) Maximum fuse sizes consistent with safety shall be posted conspicuously,
and no fuse shall be installed in a fuse box in excess of the stated
maximum except that owners and operators shall not be responsible
for violation in fuse installations without their knowledge where
the correct maximum is stated and the fuse box is located within any
part of the premises which is in the exclusive possession of occupants
other than the owner, in which case such occupant shall be responsible
for such violations.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following duties and responsibilities are hereby imposed
upon every occupant of any building covered by the provisions of this
article:
(a) Upon discovery by an occupant of any condition on the premises which
constitutes a violation of the provisions of this article, the occupant
shall report the same to the Director of Public Safety immediately.
(b) All parts of the premises under the control of the occupant shall
be kept in a clean and sanitary condition.
(c) Storage bins, rooms and open areas shall not be used for the accumulation
of garbage or refuse.
(d) Every occupant shall be responsible for the elimination of infestation
in and on the premises subject to his control.
(e) No occupant shall install electrical fuses in a fuse box in excess
of the posted limit.
[Ord. 15-1986, 87 § 1, passed 7-28-1986; Ord. 26-1994, 95 § 1, passed 11-28-1994]
(a) The provisions of this article shall be administered and enforced
in accordance with the provisions of the latest adopted edition of
the BOCA Property/Maintenance Code, as amended by Bill No. 27, Sessions
1978-1979.
(b) Whoever violates any of the provisions of this article shall be fined
not less than $50 nor more than $1,000.