Section 101.1 Title.
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These regulations shall be known as the Property Maintenance
Code of the City of Lebanon, hereinafter referred to as "this code."
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Section 103.5 Fees.
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(1)
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In the event of a re-occurrence of the violation within a twelve-month
period the following service charges shall be set forth:
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(a)
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First re-occurrence: $75.
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(b)
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Second re-occurrence: $150.
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(c)
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Third through sixth re-occurrence: $200.
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(d)
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All subsequent re-occurrences: $300.
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Repeat offender service fees shall be payable to the municipality
within 15 days of receipt of invoice. Failure to pay said fee will
result in the municipality instituting appropriate action against
said offender to recover service and administrative fees.
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(2)
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Administrative fee for processing of work performed by the department
or contracted service shall be $70.
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Section 104.3.1 Warrant.
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In the absence of permission from the owner, occupant, or operator
of any structure or premises, or the person in charge thereof, the
Code Official shall enter such structure or premises only after securing
and properly presenting a duly authorized administrative search warrant
issued upon probable cause of same.
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Section 106.4 Penalty.
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(a)
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Any person who violates a provision of this code shall, upon
conviction thereof, be subject to a fine of not less than $50 nor
more than $1,000 and/or imprisoned not more than 90 days. Each day
that a violation continues after due notice has been served shall
be deemed a separate offense.
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(b)
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The Department of Public Safety may post a sign not to exceed
three feet x three feet in size stating the property owner's name
and address and that the property is in violation of this code. The
sign may remain at the property until the violations are corrected.
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(c)
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Any person who has been issued a Health/Housing Code violation
ticket may discharge such obligation upon either appearing at the
Finance Office and voluntarily enter a plea of guilty by paying either
the $70 fine or the $50 fine within 15 calendar days from the time
of issuance of the violation ticket, or by placing the ticket envelope
with the proper fine amount in the City of Lebanon Fine-O-Meter box.
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Section 107.3 Method of Service.
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Such notice shall be deemed to be properly served if a copy
thereof is:
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(a)
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Delivered to the owner personally;
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(b)
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Sent by first-class mail addressed to the owner at the last
known address. If the first-class mail is returned showing that the
letter was not delivered, a copy of the notice shall be posted in
a conspicuous place in or about the structure affected by such notice.
Service of such notice in the foregoing manner upon the owner's agent
or upon the person responsible for the structure shall constitute
service of notice upon the owner;
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(c)
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Issued a Health/Housing Code violation ticket.
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Section 107.6 Transfer of Ownership.
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It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or 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 compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a Buyer Notification
Certificate issued by the Code Official prior to the time of settlement.
That Buyer Notification Certificate accepted by the grantee, transferee,
mortgagor, or lessees acknowledges responsibility to fully accept,
without condition, for making the corrections or repairs required
by such compliance order or notice of violation.
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Section 108.4.1 Placard Removal.
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A fee of $250 will be imposed upon any person requesting an
inspection for the purpose of removing a condemnation placard. A condemnation
placard shall be removed by the Code Official whenever the defect
or defects upon which the condemnation and placarding action were
based have been eliminated. The fee for inspection to remove the placard
notice shall be payable in full in advance. If upon inspection the
defect or defects in the property upon which the condemnation action
was based remain, the placard shall not be removed. A fee of $250
will be imposed on any person requesting a subsequent inspection for
the purpose of removing a condemnation placard. Any person who defaces
or removes a condemnation placard without the approval of the Code
Official shall be subject to the penalties provided by the Code.
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Section 110.1.1 Blighted Property.
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When the property has been declared a public nuisance by the
Board of Health and meets the criteria set forth for blighted properties,
the code official shall order the owner of the property to demolish
and remove such structure.
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Section 111.1 Application for Appeal.
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Any person affected by decision of the Code Official or of notice
or order issued under this code shall have the right to appeal to
the Board of Appeals, provided that a written application for appeal
is filed within 10 days after the day of the decision, notice or order
was served. Any application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do
not fully apply, or the requirements of the code are adequately satisfied
by other means. An application fee of $600 shall be paid upon filing
an appeal. In cases where there are more than 20 pages of transcript,
the appellant will be billed for the costs thereof.
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Section 111.2 Membership of the Board.
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The Board of Appeals shall consist of five members who are not
employees of the City of Lebanon. The Code Official shall be an ex-officio
member but shall have no vote on any matter before the Board. The
Board shall be appointed by the Mayor for a five-year term.
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Section 111.5 Postponed Hearing.
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When three members are not present to hear an appeal, either
the appellant or the appellant's representative shall have the right
to request a postponement of the hearing.
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Section 112.4 Failure to Comply.
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Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable
to a fine of not less than $50 or more than $1,000.
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Section 202 General Definitions. Add the following definitions:
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BLIGHTED PROPERTY/PUBLIC NUISANCE.
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(a)
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Any premises which because of physical condition or use is regarded
as a public nuisance and has been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes.
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(b)
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Any premises which because of physical condition, use or occupancy
is considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basements, excavations, and unsafe
fences or structures.
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(c)
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Any dwelling which because it is dilapidated, unsanitary, unsafe,
insect or vermin infested or lacking in the facilities and equipment
required by this code, and has been designated by the Board of Health
of the City of Lebanon as unfit for human habitation or occupancy.
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(d)
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Any structure which is a fire hazard, or is otherwise dangerous
to the safety of person or property.
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(e)
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Any structure from which the utility, plumbing, heating, sewage
or other facilities have been disconnected, destroyed, removed, or
rendered ineffective so that the property is unfit for its intended
use.
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(f)
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Any vacant or unimproved lot or parcel of ground in a predominately
building up neighborhood, which by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris, or a haven
for rodents and other vermin.
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(g)
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Any unoccupied property which has been tax delinquent for a
period of two years prior to the effective date of this article, and
those in the future having a two-year tax delinquency.
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(h)
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Any property which is vacant but is not tax delinquent, which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the Department of Public Safety.
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Section 302.4 Weeds.
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All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 12 inches. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs; provided, however,
this term shall not include cultivated flowers and gardens.
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Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice violation, they
shall be subject to prosecution in accordance with section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.
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Section 302.8 Motor Vehicles.
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Except as provided for in other regulations, no inoperative,
unlicensed, or uninspected motor vehicle shall be parked, kept or
stored on any premises for more than five days. No vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is prohibited
unless conducted inside an approved spray booth.
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Exception:
A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
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Section 304.14 Insect screens.
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Screens are required to be in place and/or available at all
times for every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service
areas or any other areas where products to be included or utilized
in food for human consumption are processed, manufactured, packaged
or stored shall be supplied with approved tightly fitting screens
of not less than 16 mesh per inch (16 mesh per 25mm), and every screen
door used for insect control shall have a self-closing device in good
working condition.
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Exception:
Screens shall not be required where other approved means, such
as air curtains or insect repellant fans, are employed.
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Section 404.4.1 Room Area.
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Every living room shall contain at least 120 square feet (11.2m2) and every bedroom shall contain at least 70 square
feet (6.5m2). Every bedroom occupied by
more than one person shall contain at least 50 square feet (4.6m2) of floor area for each occupant thereof.
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Section 404.5.1 Minimum area requirements.
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Living rooms of one to five occupants must be 120 square feet,
for six or more occupants 150 square feet. Dining rooms of one to
five occupants must be 80 square feet, for six or more occupants 100
square feet.
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Section 602.3 Heat Supply.
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Every owner and operator of any building who rents, leases or
lets one or more dwelling units, on terms, either expressed or implied,
to furnish heat to the occupant thereof shall supply sufficient heat
to maintain the room temperature of not less than 68° F. (20°
C.) in all habitable rooms, bathrooms and toilet rooms.
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Section 602.4 Occupiable Work Spaces.
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Indoor work spaces shall be supplied with sufficient heat to
maintain a temperature or not less than 65° F. (18° C.) during
the period the spaces are occupied.
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Exceptions:
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(1)
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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(2)
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Areas in which persons are primarily engaged in vigorous physical
activities.
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Section 704.2.1 Installation of Equipment Required.
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It shall be mandatory for the owner or owners of Group E, I
and R occupancies; hospitals, hotels, motels, schools, convalescent
homes, group and personal care homes of five or more residents, rooming
and boarding homes of five or more residents, and any apartment building
containing five or more apartment units; new, renovated or existing
situated in the City limits to install a supervised automatic fire
alarm system which shall be monitored 24 hours from an outside source.
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Section 704.3 Power Source.
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In Group R occupancies and in dwellings not regulated as Group
R occupancies, single-station smoke alarms shall receive their primary
power from the building wiring provided that such wiring is served
from a commercial source and shall be equipped with a battery backup.
Smoke alarms shall emit a signal when the batteries are low. Wiring
shall be permanent and without a disconnecting switch other than as
required for over current protection.
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Exceptions:
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(1)
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A wireless system is permitted in lieu of hard-wiring due to
inaccessibility to the buildings wiring, excessive cost or for the
preservation of a historic building.
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(2)
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In one- or two-family dwellings, single station battery-operated
smoke detectors may be installed in lieu of hard-wired detectors.
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Section 704.4 Interconnection.
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Where more than one smoke alarm is required to be installed
within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings
not regulated as Group R occupancies, the smoke alarms shall be interconnected
in such a manner that the activation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible
in all bedrooms over background noise levels with all intervening
doors closed.
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