A.
Scope. The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§ 133-19 and 133-20. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this chapter.
C.
Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
A.
BASEMENT
EXTERIOR PROPERTY
EXTERMINATION
GARBAGE
INFESTATION
LET FOR OCCUPANCY OR LET
OCCUPANT
OPERATOR
OWNER
PERSON
PREMISES
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
RUBBISH
TENANT
YARD
General. The following words and terms shall, for the purposes of
this chapter and as stated elsewhere in this chapter, have the meanings
shown herein.
That portion of a building which is partly or completely
below grade.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
Any person living or sleeping in a building; or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, including any structures thereon.
Includes any of the following:
The physical condition or occupancy of any premises regarded
as a public nuisance at common law;
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations and unsafe
fences or structures;
Any premises that has unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation;
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecure so as to endanger life, limb or
property;
Any premises from which the plumbing, heating or facilities
required by this chapter have been removed, or from which utilities
have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided;
Any premises that is unsanitary, or that is littered with rubbish
or garbage or that has an uncontrolled growth of weeds; or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
(1)
Exception. Water retention areas and reservoirs approved by the Code
Official.
D.
Weeds. All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 10 inches (254 mm). 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.
E.
Rat harborage. All structures and exterior property shall be kept
free from rat infestation. Where rats are found, they shall be promptly
exterminated by approved processes which will not be injurious to
human health. After extermination, proper precautions shall be taken
to prevent reinfestation.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
G.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
H.
Motor vehicles. Except as provided for in other regulations, not
more than one currently unregistered or uninspected motor vehicle
shall be parked, kept or stored on any premises and no vehicle shall
at any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled.
(1)
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.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Exterior painting. All wood and metal surfaces, including, but not
limited to, window frames, doors, door frames, cornices, porches and
trim shall be maintained in good condition. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted.
C.
Street numbers. Each structure to which a street number has been
assigned shall have such number displayed in a position easily observed
and readable from the public right-of-way. All numbers shall be in
Arabic numerals at least three inches (76 mm) high and 1/2-inch (13
mm) stroke.
D.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rats.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a sound condition. When required, all exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials
such as paint or similar surface treatment.
J.
Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 133-41I.
K.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
L.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials such as paint or similar
surface treatment.
M.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
N.
Window and door frames. Every window, door and frame shall be kept
in sound condition, good repair and weathertight.
O.
Insect screens. During the period from April 1 to October 31, every
door, window and other outside opening utilized or required for ventilation
purposes serving any structure containing habitable rooms, food preparation
areas, food service areas, or any 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 and every swinging door
shall have a self-closing device in good working condition.
(1)
Exception. Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans are employed.
P.
Doors. All exterior doors and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units
and guest rooms shall tightly secure the door.
Q.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rats, rain and surface drainage water.
R.
Guards for basement windows. Every basement window that is openable
shall be supplied with ratproof shields, storm windows or other approved
protection against the entry of rats.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Every occupant shall keep that part of the structure which
such occupant occupies or controls in a clean and sanitary condition.
Every owner of a structure containing a rooming house, a hotel, a
dormitory, two or more dwelling units or two or more nonresidential
occupancies shall maintain, in a clean and sanitary condition, the
shared or public areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling
paint, cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
D.
Lead-based paint. Interior and exterior painted surfaces of dwellings
and child- and day-care facilities, including fences and outbuildings,
which contain lead levels equal to or greater than 1.0 milligram per
square centimeter or in excess of 0.50% lead by weight shall be maintained
in a condition free from peeling, chipping and flaking paint or removed
or covered in an approved manner. Any surface to be covered shall
first be identified by approved warnings as to the lead content of
such surface.
E.
Stairs and railings. All interior stairs and railings shall be maintained
in sound condition and good repair.
F.
Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 133-41I.
G.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
B.
Disposal of rubbish. Every occupant of a structure shall dispose
of rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
(1)
Rubbish storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
C.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
(1)
Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or an approved leakproof,
covered, outside garbage container.
(2)
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed form the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rat
infestation. All structures in which insects or rats are found shall
be promptly exterminated by approved processes that will not be injurious
to human health. After extermination, proper precautions shall be
taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by the failure of an occupant to prevent such infestation
in the area occupied, the occupants shall be responsible for extermination.
E.
Occupant. The occupant of any structure shall be responsible for
the continued rat-free condition of the structure, and if the occupant
fails to maintain the rat-free condition, the cost of extermination
shall be the responsibility of the occupant.
(1)
Exception. Where rat infestations are caused by defects in the structure,
the owner shall be responsible for extermination.