[HISTORY: Adopted by the Mayor and Commissioners of the Town
of Westernport 10-5-2015 as §§ 175-25
to 175-32 of the 2015 Code. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.
A structure adapted to permanent or continuous occupancy
or use for public, institutional, business, industrial or storage
purposes.
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.
Any device or condition likely to cause fire and which is so
situated to endanger either persons or property.
The creation, maintenance or continuance 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.
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 Fire Department or the safety and ready egress of occupants.
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.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any person who has charge, care or control of a premises,
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
has legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who has charge, care or control as owner
or agent of the owner, or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession, regardless of how such possession was obtained.
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.
A lot, plot or parcel of land, including the buildings or
structures thereon.
An enclosed space containing one or more toilets and one
or more lavatories or fixtures serving similar purposes.
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.
Any combination of any materials, whether fixed or portable,
forming a construction, including buildings.
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 or stacks, with or without wind-driven devices.
Deterioration, decay or damage caused by exposure to the
elements.
Every building and the premises on which it is situated shall
comply with the provisions of this chapter, whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this chapter, 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 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 otherwise provided in the
Code or Charter of the Town.
In any case where the provisions of this chapter impose a higher
standard than that set forth in any other ordinance or law, then the
standards as set forth in this chapter shall prevail, but if the provisions
of this chapter impose a lower standard than any other ordinance or
law, then the higher standard contained in such other ordinance or
law shall prevail.
No license or permit or other certification of compliance with
this chapter shall constitute a defense to any violation of any other
ordinance of the Town applicable to any structure or premises, nor
shall any provision in this chapter relieve any owner, operator or
occupant from complying with any such other provision, nor any official
of the Town from enforcing any such other provision.
The provisions of this chapter shall be administered and enforced
by the Building Official.
A.
Owners and operators shall have all the duties and responsibilities as prescribed in § 168-7 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 § 168-8 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 chapter, 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 such persons or
between them and other parties.
The following duties and responsibilities are hereby imposed
upon every owner and operator of any building covered by the provisions
of this chapter:
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 other persons utilizing the premises, and free of
unsanitary conditions, and any of these shall be promptly removed
and abated by the owner or operator. The items prohibited by this
subsection 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 overhanging 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-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment
and 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 banisters or railings properly designed and maintained
to minimize the hazard of falling, and the banisters or railings shall
be kept structurally sound, in good repair and free from defects.
E.
The exterior of the premises and the condition 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.
H.
All display windows or storefronts 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 storefronts shall be kept in good repair, painted where required,
and shall not constitute a safety hazard or nuisance. If repairs to
a storefront become necessary, such repairs shall be made with the
same or similar materials used in the construction of the storefront
in such a manner as to permanently repair the damaged area. Any cornice
visible above a storefront shall be kept painted, where required,
and in good repair.
J.
Except for "For Rent" and "For Sale" signs, any temporary sign or
other paper advertising material glued or otherwise attached to a
window or otherwise exposed to public view shall be removed at the
expiration of the event or sale for which it is erected, or within
60 days after erection, whichever shall first occur.
K.
Any awning or marquee and its accompanying structural members which
extend 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. If such awnings or marquees are not properly maintained
in accordance with this subsection, they shall, together with their
supporting members, be removed forthwith. If the awnings or marquees
are made of cloth, plastic or of similar materials, the 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 in this subsection shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
L.
The exterior of every structure or accessory structure shall be kept
in good repair and kept painted where necessary for purposes of preservation
and appearance. All surfaces shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling paint
or other condition reflective of deterioration or inadequate maintenance.
M.
Rest rooms shall be surfaced with waterproof floors and shall be
kept dry, clean and sanitary at all times. Sufficient rest rooms shall
be installed and maintained for each sex commensurate with the use
of the premises. Every rest room shall be provided with a permanently
installed artificial lighting fixture and a wall switch therefor which
is free from danger of short circuiting.
N.
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 National Electrical
Code and applicable ordinances.
O.
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.
The following duties and responsibilities are hereby imposed
upon every occupant of any building covered by the provisions of this
chapter:
A.
Upon discovery by an occupant of any condition on the premises which
constitutes a violation of the provisions of this chapter, the occupant
shall report the condition to the Building Official immediately.[1]
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 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.
A.
Title. This section shall be known and may be cited as the "Town
of Westernport Property Maintenance Code Habitual Offender Ordinance."
B.
Declaration of policy. It is hereby declared and ordained by the
Mayor and Commissioners of the Town of Westernport to be the public
policy of the Town to preserve, protect, and improve property maintenance
standards and the aesthetic nature of the community and to prevent
and prohibit conditions existing which shall be detrimental to the
property of others or which cause or tend to cause substantial diminution
in the value of properties in the Town.
C.
HABITUAL OFFENDER
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person who shall be convicted of or who shall have judgment
entered against him or her for three separate and distinct violations
of the Property Maintenance Code of the Town of Westernport within
a twenty-four-month period shall be considered a habitual offender.
Said person's status as a habitual offender shall extend for
a period of one year from the date of the last conviction or judgment
for a violation of the Property Maintenance Code.
Any individual, partnership, firm, corporation, association
or other legal entity of any kind or nature. "Person" shall include
the owner(s), tenant(s), lessee(s), occupant(s) and/or person(s) in
charge of or using the property.
D.
Violations and penalties.
(1)
It shall be unlawful for any person considered to be a habitual offender
under this section to own, use or occupy any structure regulated by
the Property Maintenance Code of the Town of Westernport in conflict
with or in violation of the provisions of said Property Maintenance
Code.
(2)
Any person who shall violate the provisions of this section shall
be guilty of a misdemeanor and upon conviction shall be punished by
a fine not exceeding $1,000 or imprisonment not exceeding 90 days
in the county detention center, or by both fine and imprisonment,
in the discretion of the court.
