Scope. The
provisions of this article shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for sanitation, protection from the elements, life
safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants;
the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
Intent.
This article shall be construed to secure its expressed intent, which
is to ensure public health, safety and welfare insofar as they are
affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
Severability.
If a section, subsection, sentence, clause or phrase of this article
is, for any reason, held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this article.
General.
Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall govern. Where differences
occur between provisions of this article and the referenced standards,
the provisions of this article shall apply. Where, in a specific case,
different sections of this article specify different requirements,
the most restrictive shall govern.
Maintenance.
Equipment, systems, devices and safeguards required by this article
or a previous regulation or code under which the structure or premises
was constructed, altered or repaired shall be maintained in good working
order. No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be removed
from or shut off from or discontinued for any occupied dwelling, except
for such temporary interruption as necessary while repairs or alterations
are in progress. The requirements of this article are not intended
to provide the basis for removal or abrogation of fire protection
and safety systems and devices in existing structures. Except as otherwise
specified herein, the owner or the owner's designated agent shall
be responsible for the maintenance of buildings, structures and premises.
Existing
remedies. The provisions in this article shall not be construed to
abolish or impair existing remedies of the jurisdiction or its officers
or agencies relating to the removal or demolition of any structure
which is dangerous, unsafe and insanitary.
General.
The Code Official is hereby authorized and directed to enforce the
provisions of this article. The Code Official shall have the authority
to render interpretations of this article and to adopt policies and
procedures in order to clarify the application of its provisions.
Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this article. Such policies and procedures
shall not have the effect of waiting requirements specifically provided
for in this article.
Inspections.
The Code Official shall make all of the required inspections, or shall
accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the approving authority.
Right of
entry. Where it necessary to make an inspection to enforce the provisions
of this article, or whenever the code official has reasonable cause
to believe that there exists in a structure or upon a premises a condition
in violation of this article, the Code Official is authorized to enter
the structure or premises at reasonable times to inspect or perform
the duties imposed by this article, provided that if such structure
or premise is occupied and request entry. If such structure or premises
is unoccupied, the Code Official shall first make a reasonable effort
to locate the owner or other person having charge or control of the
structure or premises and request entry. If entry is refused, the
Code Official shall have recourse to the remedies provided by law
to secure entry.
Identification.
The Code Official shall carry proper identification when inspecting
structures or premises in the performance of duties under this article.
Modifications.
Whenever there are practical differences involved in carrying out
the provisions of this article, the Code Official shall have the authority
to grant modifications for individual cases upon application of the
owner or owner's representative, provided the Code Official shall
first find that special individual reason makes the strict letter
of this article impractical and the modification is in compliance
with the intent and purpose of this article and that such modification
does not lessen health, life and fire safety requirements. The details
of action granting modifications shall be recorded and entered in
the department files.
Any person failing to comply with a notice of violation or order served in accordance with § 5-25 shall be subject to the penalties and procedures set forth in Ordinance No. 07082014-1 or its successor.[1]
If the
notice of violation is not complied with, the Code Official shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this article or of the order or direction made pursuant thereto.
Any action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
Abatement
of violation. The imposition of the penalties herein prescribed shall
not preclude the legal officer of the jurisdiction from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this article or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Subsections B and C to the person responsible for the violation as specified in this article.
Include
a correction order allowing a reasonable time to make the repairs
and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this article.
Unauthorized
tampering. Signs, tags or seals posted or affixed by the Code Official
shall not be mutilated, destroyed or tampered with, or removed without
authorization from the Code Official.
Transfer
of ownership. 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 such dwelling unit or structure 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 true copy of any compliance order
or notice of violation issued by the Code Official and shall furnish
to the Code Official a signed and notarized statement from the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
Interchangeability.
Words stated in the present tense include the future; words stated
in the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular.
Parts. Whenever
the words "dwelling unit," "dwelling," "premises," "building," "rooming
house," "rooming unit," "housekeeping unit" or "story" are stated
in this article, they shall be construed as though they were followed
by the words "or any part thereof."
Scope. The
provisions of this article shall govern the minimum conditions and
the responsibilities of persons for maintenance of structures, equipment
and exterior property.
Responsibility.
The owner of the premises shall maintain the structures and exterior
prior in compliance with these requirements, except as otherwise provided
for in this article. A person shall not occupy as owner occupant or
permit another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the requirements of
this article. Occupants of a dwelling unit, rooming unit or housekeeping
unit are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or
premises which they occupy and control.
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.
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.
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.
Sidewalks
and driveways. All sidewalks, walkways, stairs, driveways, parking
spaces and similar shall be kept in a proper state of repair, and
maintained free from hazardous conditions.
Weeds. All
premises and exterior property shall be maintained free from seeds
or plant growth in excess of 12 inches in height. 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.
Rodent harborage.
All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved processes which will not be injurious
to human health. After pest elimination, property precautions shall
be taken to eliminate rodent harborage and prevent reinfestation.
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.
Accessory
structures. All accessory structures, including detached garages,
fences and walls, shall be maintained structurally sound and in good
repair.
Motor vehicles.
Except as provided for in other regulations, no inoperative or unlicensed
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. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
Defacement
of property. No person shall willfully or wantonly damage, mutilate
or deface any exterior surface of any structure or building on any
private or public property by placing thereon any marking, carving
or graffiti. It shall be the responsibility of the owner to restore
said surface to an approved state of maintenance and repair.
Enclosures.
Private swimming pools, containing water more than 24 inches (610
mm) in depth shall be completely surrounded by a fence or barrier
at least 48 inches (1,219 mm) in height above the finished ground
level measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self-closing and self-latching.
Where the self-latching device is a minimum of 54 inches (1,372 mm)
above the bottom of the gate, the release mechanism shall be located
on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gage will positively close and latch
when released from an open position of six inches (152 mm) from the
gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
General.
The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to post a threat to the public health,
safety or welfare.
Unsafe conditions.
The following conditions shall be determined as unsafe and shall be
repaired or replaced to comply with the Township's Building Code or
the International Existing Building Code as required for existing
buildings:
The
anchorage of the floor or roof to walls or columns, and of walls and
columns to foundations is not capable of resisting all nominal loads
or load effects;
Siding
and masonry joints, including joints between the building envelope
and the perimeter of windows, doors and skylights, are not maintained,
weather-resistant or water-tight;
Foundation
systems that are not firmly supported by footings, are not plumb and
free from open cracks and breaks, are not properly anchored or are
not capable of supporting all nominal loads and resisting all load
effects;
Exterior
walls that are not anchored to supporting and supported elements or
are not plumb and free of holes, cracks or breaks and loose or rotting
materials are not properly anchored or are not capable of supporting
all nominal loads and resisting load effects;
Roofing
or roofing components that have defects that admit rain, roof surfaces
with inadequate drainage, or any portion of the roof framing that
is not in good repair with signs of deterioration, fatigue or without
proper anchorage and incapable of supporting all nominal loads and
resisting all load effects;
Flooring
and flooring components with defects that affect serviceability or
flooring components that show signs of deterioration or fatigue, are
not properly anchored or are incapable of supporting all nominal loads
and resisting all load effects;
Veneer,
cornices, belt courses, corbels, trim, wall facings and similar decorative
features not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects;
Overhang
extensions or projections including, but not limited to, trash chutes,
canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust
ducts not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects;
Exterior
stairs, decks, porches, balconies and all similar appurtenances attached
thereto, including guards and handrails, are not structurally sound,
not properly anchored or that are anchored with connections not capable
of supporting all nominal loads and resisting all load effects; or
Chimneys,
cooling towers, smokestacks and similar appurtenances not structurally
sound or not properly anchored, or that are anchored with connections
not capable of supporting all nominal loads and resisting, all load
effects.
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 rodents and other pests.