The general purpose of this article is to protect the public
health, safety and the general welfare of the people of the City.
These general objectives include, among others, the following specific
purposes:
(a)
To protect the character and stability of residential and commercial
areas within the City by legislation which shall be applicable to
all dwellings and buildings now in existence or here after constructed.
(b)
To provide minimum standards for the maintenance of exteriors of
all existing buildings, and to thus prevent the creation of blight.
(c)
To provide minimum standards for the maintenance of the interiors
of all existing rented or leased dwelling units.
(d)
To thus preserve the property value of land and buildings throughout
the City.
(e)
To provide determinable minimum maintenance standards for dwellings
and non-residential structures, and to thus facilitate private enforcement
of legal rights and remedies.
(f)
To provide mechanisms for the enforcement and administration of the
code to ensure that the above purposes are accomplished.
For the purpose of this article, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
A subordinate structure located on the same lot as the main
structure, or a portion of the main structure, the use of which is
clearly incidental to, and customarily found in connection with, the
main structure or principal use of the land.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The building code of the City of Mission Woods currently
in use.
Any area, whether or not zoned in a non-residential zone,
which is occupied primarily by such non-residential uses as retail,
office, warehouse, wholesaling, or manufacturing businesses.
The condition of a building or part thereof, characterized
by evidence of physical decay or neglect, excessive use, or lack of
maintenance.
Any building or portion thereof containing one or more dwelling
units, but not including motels, hotels, rooming or boarding houses,
institutions, or convalescent or nursing homes.
A building or portion of a building which is exclusively
arranged, occupied, or intended to be occupied as living quarters
for one family; a separate, independent living quarter consisting
of one or more connected rooms with permanently installed bathroom
and kitchen facilities.
The official designated herein or otherwise charged with
the responsibilities of administering this article or his authorized
representatives.
Objects which are added to a structure for aesthetic or functional
purposes. These include but are not limited to screens, awnings, trellises,
television antennae, storm windows and storm doors.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal,
pest elimination methods approved by the Enforcement officers of this
City.
Any number of people occupying a single dwelling unit living
together as a single housekeeping unit, related by blood, marriage
or formal adoption plus not more than two additional people not so
related, except that foster children shall be considered as formally
adopted. A family may also include up to but not more than three unrelated
people. In excess of three unrelated people living together shall
not be considered a family. However, nothing herein shall preclude
or prohibit any living arrangement otherwise protected by or provided
for by state or federal law.
An independent structure forming a barrier at grade between
lots, between a lot and street or an alley, or between portions of
a lot or lots. A barrier includes a wall or latticework screen but
excludes a hedge or natural growth, or a barrier less than 18 inches
in height which is used to protect plant growth.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
A trough attached to an eave to carry off water.
Any structure or part thereof that shall be used as a home
or place of abode by one or more persons.
Every room in any building in which persons sleep, eat or
carry on their usual domestic or social vocations or avocations, it
shall not include private laundries, bathrooms, toilet rooms, water
closet compartments, pantries, storerooms, foyers, closets, corridors,
rooms for mechanical equipment for services in the building, or other
similar spaces not used by persons frequently or during extended periods.
Any place where insects, pests or rodents can live, nest
or seek shelter.
Standards of maintenance of the inside elements and occupancy
of rented or leased dwelling units only where the owner does not reside.
The least quality admissible by this article.
A building or portion thereof designed or altered for occupancy
by two or more families living independently of each other in separate
dwelling units.
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a building,
or part thereof, which is let or offered for occupancy.
Any person who, alone, jointly or severally with others,
is in actual possession of, or has charge, care or control of, any
building, dwelling or dwelling unit within the City as owner, employee
or agent of the owner, or as trustee or guardian of the estate or
person of the title holder; and such person shall be bound to comply
with the provisions of this article to the same extent as the owner.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as any individual. It
shall also include an executor, administrator, trustee, receiver or
other representative appointed according to law. Whenever the word
"person" is used in any section of this article prescribing a penalty
or fine, as to partnerships or associations, the word shall include
the partners or members thereof, and as to corporations, shall include
the officers agents or members thereof who are responsible for any
violation of such section.
A lot, plot or parcel of land or any part thereof, including
the buildings or structures thereon.
Any material furnished, supplied, paid for or under the control
of the owner.
A hall, corridor or passageway for egress from a dwelling
not within the exclusive control of one family or dwelling unit.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law or by other provisions of the Mission
Woods Municipal Code; or
Any physical condition, use or occupancy of any premises or
its appurtenances, considered an attractive nuisance to children,
including but not limited to abandoned wells, swimming pools, shafts,
basements, excavations, unsafe fences or structures, etc., or
Any premises designated as unsafe for human habitation or use;
or
Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure as to endanger life, limb or
property; or
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; open, vacant or abandoned;
damaged by fire to the extent as to not provide shelter, in danger
of collapse or failure and is dangerous to anyone on or near the premises.
To restore to a sound and acceptable state of operation,
serviceability. Repairs shall be expected to last approximately as
long as would be the replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes.
A device which detects visible or invisible particles of
combustion and shall be either the ionization chamber or the photoelectric
type device.
Anything constructed or erected with a fixed location on
the ground, or attached to something with a fixed location on the
ground. Structures include, but are not limited to buildings, walls,
fences, billboards, poster panels, above ground storage tanks, and
similar uses. Excluded are sidewalks, pavement, and public improvements
such as utility poles, street light fixtures, and street signs.
All structures which do not conform to the minimum standards
established by this article or any other ordinance.
Paid for, installed, furnished or provided by or under the
control of the owner operator.
Whenever the words "workmanlike state of maintenance and
repair" or "workmanlike state of manner" are used in this code, they
shall mean that such maintenance and repair shall be made in a reasonably
skillful manner.
An open space at grade on the same lot(s) as a building or
structure located between the main building and the adjoining lot
line and/or street line. The measurement of a yard shall be the minimum
horizontal distance between the lot line and the building or structure.
Every building or premises shall conform to the requirements
of this article, irrespective of when such building or premises shall
have been constructed, altered or repaired. But nothing in this article
shall be construed to require existing buildings or premises to comply
with the requirements of the current building code, electrical code,
plumbing code, or mechanical code; provided, however, that, after
the effective date of the ordinance from which this article was derived,
repairing, reconditioning or remodeling of existing buildings shall
be completed as required by this article.
(a)
Landlord-Tenant Relations. Nothing in this ordinance or its enforcement
shall be construed in any way to affect landlord-tenant relations
nor shall relieve the tenant of any implied contractual obligations
with the landlord. Further, should the Enforcement Officer order the
maintenance or repair of an element of a structure, the property owner
shall not remove said element unless the Enforcement Officer has first
determined that the removal of said element would not increase the
rate of deterioration of said structure.
(a)
Scope. This article establishes minimum standards for principal buildings
and accessory buildings and does not replace or modify standards otherwise
established for the construction, replacement or repair of buildings
except such as are in conflict with the provisions of this article.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or code of the City existing on the effective date of this article,
the provision which establishes the higher standard for the promotion
and protection of the safety and health of the people shall prevail.
It is not the intention of this article to require reconstruction
or replacement of existing facilities or structures in sound condition
of repair in order to meet specific requirements of any of the above-mentioned
codes unless there is an existing or probable health or safety hazard
to the occupants or any residents of the City.
(b)
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this article should be declared invalid for any reason
whatsoever, such decisions shall not affect the remaining portions
of this article, which shall remain in full force and effect.
(a)
Applicability. It shall be unlawful for any person to occupy as owner-occupant
or to let or hold out to another for occupancy any building for the
purpose of carrying on a business, living, sleeping, cooking or eating
which is not safe, sanitary and fit for human occupancy and which
does not comply with the particular requirements of the following
paragraphs of this section.
(b)
Foundation, Exterior Walls and Roofs. The foundation, exterior walls
and roof shall be substantially watertight and weathertight as can
be determined from a ground level inspection, and protected against
rodents, and shall be kept in sound condition and repair. The foundation
elements shall adequately support the building at all points. Every
exterior wall shall be maintained in a sound condition of repair and
shall be free of any other condition which admits rain or excessive
dampness to the interior portions of the building. All exterior surface
materials must be treated, painted in a workmanlike manner, or otherwise
maintained in a sound condition. Peeling paint, damaged or deteriorating
exterior surfaces shall be repaired as soon as possible. Building
debris and excess paint shall be removed within 30 days from initiating
any construction or painting. Any person requiring additional time
to conclude construction or painting may make application to the Codes
Administrator for an extension of time. Roofs shall be adequate to
prevent rainwater from causing excessive dampness in the walls. All
cornices, rustications, quoins, moldings, belt courses, lintels, sills,
oriel windows, pediments, gutters and similar projections shall be
kept in good repair and free from defects which make them hazardous
and dangerous.
(c)
Windows, Doors and Hatchways. Every window, door and basement hatchway
shall be kept in sound condition and repair. Every window small be
fully supplied with window panes which are without dangerous cracks
or holes. Every window sash shall be in good condition and fit reasonably
tight within its frame. Every window, other than a fixed window, shall
be capable of being easily opened and shall be held in position by
window hardware and shall be equipped with window screens. Every door,
door hinge and door latch shall be in functional condition. Knobs
and/or handles small be properly installed on all doors. Every door,
when closed, shall fit reasonably well within its frame. All sliding
doors shall have guides to prevent falling out of track. Every window,
exterior door guides and frames shall be constructed and maintained
in such relation to the adjacent wall construction as to completely
exclude rain and excessive dampness substantially to exclude wind
from entering the dwelling. Every basement hatchway and window shall
be so constructed, screened or maintained as to prevent the entrance
of rodents, insects, rain and surface drainage water into the building.
(d)
Exterior Appurtenances. Exterior appurtenances, including but not
limited to screens, awnings, trellises, television antennae, chimneys,
storm windows, gutters, eaves, storm doors, fences, and retaining
walls shall be installed in a safe and secure manner, and shall be
maintained in good repair and must meet the requirements of all other
portions of the City's code.
(e)
Stairways and Porches. Every stairway outside of the building or
dwelling and every porch shall be kept in safe condition and sound
repair. Every flight of stairs and every porch floor small be free
of deterioration. Every stairwell and every flight of stairs which
is five or more risers high and every porch which is five or more
risers high shall have handrails or railings located on one side of
same. Every rail and balustrade shall be firmly fastened and maintained
in good condition. No flight of stairs shall have settled or have
pulled away from supporting or adjacent structures so as to create
a safety hazard. No flight of stairs shall have rotting, loose or
deteriorating supports. The treads and risers of every flight of stairs
shall be uniform in width and height. Every porch shall have a sound
floor. No porch shall have rotting, loose or deteriorating supports.
(f)
Driveways, Sidewalks and Patios. Driveways, sidewalks and patios
shall be maintained in good repair and free of safety hazards. Cracks
in concrete or asphalt surfaces causing a vertical off-set in excess
of one inch shall be repaired or replaced so as to prevent accident
or injury. All driveways, sidewalks, and patios shall be made of concrete,
asphalt, brick or other dust-free, hard surface.
(g)
Yards. All areas which are not covered by lawn or vegetation shall
be treated to prevent dust or the blowing or scattering of dust particles
into the air. All trees, bushes or vegetation located on private property
which overhang a public thoroughfare shall be properly trimmed to
a minimum underclearance of eight feet over sidewalks or 12 feet over
streets to avoid obstruction of the view and movements of vehicles
and pedestrians. Hazardous trees and shrubs shall be promptly removed
or trimmed to remove the hazard. All dead and diseased trees and shrubs
shall be promptly removed. As part of the removal of any growth or
vegetation, all stumps shall be removed or ground to at least six
inches below grade.
(h)
Infestation. Each building and dwelling and all exterior appurtenances
on the premises shall be adequately protected against insects, rats,
mice, entrance of insects, rats, mice, termites and other infestation.
Building defects which permit the entrance of insects, rats, mice,
termites and other infestation shall be corrected by the owner.
(i)
Plantings. No tree shall be planted less than three feet from any
foundation or building line. No bush or shrub shall be planted or
permitted to grow in such a fashion that it shall touch or come in
contact with any building or part thereof. Further, no tree shall
be permitted to grow along fence lines. However, any tree having a
height of over five feet as of the date of enactment of this ordinance
which has been planted within three feet from any foundation or building
line shall be permitted to remain, but upon removal of the tree for
any reason, no replanting may take place except in conformity with
this ordinance.
(a)
Applicability. It shall be unlawful, in addition to the preceding
section, f or any person to rent, lease, or hold out to another for
occupancy for the purpose of living, sleeping, cooking or eating any
dwelling unit which is not safe, sanitary and fit for human occupancy
and which does not comply with the particular requirements of the
following paragraphs of this section.
(b)
Interior Cellars, Etc., to be Maintained Free from Dampness. In every
rented or leased dwelling unit, cellars, basements and crawl spaces
shall be maintained reasonably free from dampness to prevent conditions
conducive to decay or deterioration of the structure.
(c)
Interior Structural Members. The supporting structural members of
every rented or leased dwelling unit shall be maintained structurally
sound, showing no evidence of deterioration which would render them
incapable of carrying the imposed loads in accordance with the provisions
of the building code.
(d)
Interior Stairs. All interior stairs of every rented or leased dwelling
unit shall be maintained in sound condition and good repair by replacing
treads and risers that evidence excessive wear or are broken, warped
or loose. Every inside stair shall be so constructed and maintained
as to be safe to use and capable of supporting a load as required
by the provisions of the building code.
(e)
Interior Handrails. Every inside staircase or stairway in a rented
or leased dwelling unit consisting of five or more steps shall be
equipped with a handrail which shall be kept in sound condition and
good repair.
(f)
Bathroom and Kitchen Floors. Every toilet, bathroom and kitchen floor
surface in a rented or leased dwelling unit shall be constructed and
maintained with a material approved for the location and maintained
so as to permit such floor to be easily kept in a clean and sanitary
condition.
(g)
Interior Sanitation. The interior of every rented or leased dwelling
or dwelling unit shall be maintained in a clean and sanitary condition
free from any accumulation of rubbish or garbage as specified in this
division. Trash, garbage and other refuse shall be properly kept inside
temporary storage facilities as required in the Code of the City of
Mission Woods.
(h)
Interior Insect and Rodent Harborage. Rented or leased dwellings
or dwelling units shall be kept free from insect and rodent infestation,
and where insects or rodents are found, they shall be promptly exterminated
by acceptable processes which will not be injurious to human health,
as specified in this division. After extermination, proper precautions
shall be taken to prevent reinfestation.
(i)
Interior Walls, Ceilings and Floors. Every rented or leased dwelling
or dwelling unit floor, interior wall and ceiling shall be kept in
sound condition and good repair; and constructed of a building material
recognized for that purpose.
(j)
Interior Sanitary Facilities. The following minimum sanitary facilities
in all rented or leased dwelling units shall be supplied and maintained
in sanitary, safe working condition:
(1)
Toilet. Every dwelling unit, except. As otherwise permitted
by Subsection (j)(3) of this section shall contain a room, separate
from the other habitable rooms of the dwelling unit, which affords
privacy to a person within such room, and which is equipped with a
flush toilet and a lavatory basin: provided that, such lavatory basin
may be located outside such room if it is convenient to such room.
(2)
Bathtub or Shower. Every dwelling unit, except as otherwise
permitted by Subsection (j)(3) of this section shall contain a room,
separate from the other habitable rooms of the dwelling unit, which
affords privacy to a person within such room and which is equipped
with a bathtub or shower.
(3)
Shared Toilet, Lavatory Basin, - Bathtub or Shower. The occupants
of two dwelling units in the same dwelling may share a single flush
toilet, a single lavatory basin and a single bathtub or shower if:
a.
Neither of the two dwelling units contains more than three rooms:
provided that, for the purposes of this subsection, a kitchenette
or an efficiency kitchen with not more than 60 square feet of floor
area shall not be counted as a room: and that
b.
The habitable area of each such dwelling unit shall equal not
more than 350 square feet of floor area: and that
c.
Such flush toilet, lavatory basin, and bathtub or shower is
located so that the occupants of neither dwelling unit are required
to pass through any rooms of the other dwelling unit to reach the
facilities: and that
d.
Such dwelling units are in the same dwelling and are arranged
so that the occupants of neither dwelling unit are required to go
out of doors to reach the facilities.
(4)
Kitchen Sink. Every dwelling unit and every rooming house which
has a portion thereof exclusively or primarily used for cooking by
tenants or occupants thereof shall contain a kitchen sink in good
working condition and properly connected to an approved water and
sewer system.
(5)
Stove and Refrigerator. Every dwelling unit and each rooming
house which has a portion thereof exclusively or primarily used for
cooking by tenants or occupants thereof shall contain proper and safe
connections for the installation of a stove and refrigerator.
(6)
Shelf and Storage Space for Food. Every room which is used partially
or exclusively for cooking shall contain adequate shelf and storage
space for the preparation and storage of food.
(k)
Interior Water and Sewer System. Every kitchen sink, lavatory basin,
bathtub or shower and toilet required under the provisions of this
article shall be properly connected to either a public water and sewer
system. All sinks, lavatories, bathtubs and showers shall be supplied
with hot and cold running water.
(l)
Interior Water Heating Facilities. Every rented or leased dwelling
unit shall be supplied with water heating facilities which are installed
in an approved manner, properly maintained, and properly connected
with hot water lines to the fixtures required to be supplied with
hot water under the provisions of this article. Water heating facilities
shall be capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub, shower, and laundry facility or other
similar units, at a temperature of not less than 130° F. at any
time needed.
(m)
Interior Heating Facilities. Every rented or leased dwelling unit
shall be served with heating facilities which are installed in an
approved manner, are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable rooms;
bathrooms, and toilet rooms located therein to a temperature of at
least 70° F. at a distance of three feet above floor level; under
ordinary winter conditions.
(n)
Interior Trash Storage Facilities. Every rented or leased dwelling
unit shall have adequate trash storage facilities whose type and location
are in accordance with the provisions of the Code of the City of Mission
Woods.
(o)
Interior Garbage Storage or Disposal Facilities. Every rented or
leased dwelling or dwelling unit shall be supplied with a garbage
disposal facility which meets the City standards, which may be any
adequate mechanical garbage disposal unit (mechanical sink grinder)
in each dwelling unit for the use of the occupants of each dwelling
unit, or an approved garbage can or cans or approved garbage bags.
(p)
Interior Functioning, and Maintenance of Facilities and Equipment.
Every supplied facility, piece of equipment, or utility which is required
under this article shall be so constructed and installed that, it
will function safely and effectively and shall be maintained in satisfactory
working condition.
(q)
Interior Plumbing Systems and Fixtures. In rented or leased dwelling
units, wafer lines, plumbing fixtures, vents, drains, plumbing stack
and waste and sewer lines shall be properly installed, connected and
maintained in working order and shall be kept free from obstructions,
leaks, and defects and capable of performing the function for which
they are designed. All repairs and installations shall be made in
accordance with the provisions of the building code or plumbing code
of the City.
(r)
Interior Heating Equipment. Every heating, cooking, and water heating
device located in a rented or leased dwelling unit shall be properly
installed, connected and maintained, and shall be capable of performing
the function for which it was designed in accordance with the provisions
of the building code.
(s)
Interior Ceiling Heights - Minimum. At least one-half of the floor area of each habitable room of each rented or leased dwelling unit shall have a ceiling height of seven feet or more; and the floor area of that part of any room where the ceiling height is five feet or less, shall not be deemed as part of the floor area in computing the total area of that room for the purposes of Section 5-706(u).
(t)
Interior Ceiling Heights - Public Halls and Stairways. Every public
hall or stairway shall have a minimum vertical clearance of six feet
eight inches at all places; provided that the Enforcement Officer
may waive this requirement if the construction of the dwelling. Is
such as to make this requirement impractical. Where a waiver is granted
the owner or operator shall post a written warning of low clearance
which shall be easily visible, and which shall be approved by the
Enforcement Officer.
(u)
Interior Required Space in Dwelling Units. Every rented or leased
dwelling unit shall contain 150 square feet or more, of floor space
for the first occupant thereof and at least 100 square feet of additional
floor space for each additional occupant thereof. The floor space
shall be calculated on the basis of total habitable room area: provided
that, an infant under the age of 12 months shall not be deemed an
occupant for the purposes of this section. This section is not applicable
to rooming houses.
(v)
Interior Occupancy of Dwelling Units Below Grade. No rented or leased
dwelling unit partially below grade shall be used for living purposes
unless: floors and walls are watertight; total window area total openable
area and ceiling height are in accordance with this article, provided
that, this provision can be waived by the Enforcement Officer; required
minimum window area of every habitable room is entirely above the
grade of the ground adjoining such window area, provided this provision
can be waived by the Enforcement Officer; and no basement or cellar,
or part thereof, shall be used or leased for human occupancy or habitation
if subject to flooding. For the purposes of this article, a basement
or cellar shall be deemed to be subject to.
(w)
Interior Natural Light in Habitable Rooms in Rented or Leased Dwelling
Units. Flooding if at any time there has been more than one-inch of
water over the floor, and if the condition or conditions which caused
the flooding to occur have not been subsequently corrected.
(1)
Every habitable room shall have at least one window of approved
size facing directly to the outdoors or to a court or other methods
and devices that will provide the equivalent minimum performance requirements.
(2)
The minimum total window area, measured between stops, for every
habitable room shall be 10% of the floor area of such room. In a basement
or cellar a three square foot window area shall be deemed sufficient.
Whenever walls or other portions of a structure face a window of any
room and such obstructions are located less than three feet from the
window and extend to a level above that of the ceiling of the room,
such a window shall not be deemed to face directly to the outdoors
nor to a court, and shall not be included as contributing to the required
minimum total window area for the room.
(3)
In the application of this article the standard for light for
all habitable rooms shall be based on 250-foot candles of illumination
on the vertical plane adjacent to the exterior of the light transmitting
device and shall be adequate to provide an average illumination of
six-foot candles over the area of the room at a height of 30 inches
above the floor level.
(x)
Interior Light in Nonhabitable Work Space. Every laundry, furnace
room, and all similar nonhabitable work spaces located in a rented
or leased dwelling unit shall have one supplied electric light fixture
available at all times.
(y)
Interior Light in Common Halls and Stairways. Every common hall and
inside stairway in every rented or leased dwelling, other than one-family
and two-family dwellings, shall be adequately lighted at all times
with an illumination of at least five candlepower per square foot
in the darkest portion of the normally traveled stairs and passageways.
(z)
Interior Electrical Outlets Required. Every rented or leased dwelling
shall be serviced by electricity. Further, every electrical outlet
and fixture, and all electrical wiring required by this section shall
be properly installed, maintained in good and safe working condition,
and shall be connected to the source of electricity in a safe manner.
Every electrical outlet and fixture shall be installed, maintained
and connected to the source of electric power in accordance with the
provisions of the building code or electrical code of the City. For
the purposes of this section, a two plug electric convenience outlet
shall be deemed to be a single outlet. Every dwelling, unless otherwise
specified, shall be electrically equipped as follows:
(1)
Every habitable room shall contain two or more wall-type electric
convenience outlets or one or more wall-type electric convenience
outlets and one electric ceiling or wall light fixture.
(2)
Every toilet room, bathroom, laundry room, and furnace room
shall contain one or more ceiling or wall-type electric light fixtures.
(3)
Every public hall, public stairway, basement and porch in an
apartment house shall contain sufficient ceiling or wall-type electric
light fixtures to comply with the Code of the City of Mission Woods.
(4)
A separate electrical circuit shall be required as set forth
in the Building and Electrical Codes and requirements of the City
of Mission Woods for every eight electrical convenience outlets for
alterations, repairs and additions.
(5)
In dwellings utilizing electric heat and/or an electric cooling
unit in which the source of heat is wholly or partially operated by
a centrally located electrical unit, a separate electrical circuit
will be required for each device.
(6)
All electrical wiring shall be according to the Codes of the
City of Mission Woods.
(aa)
Correction of Interior Defective Electric System. Where it is found,
in the opinion of the Enforcement Officer, that the electrical system
in a rented or leased dwelling constitutes a hazard to the occupants
of the building by reason of inadequate service, improper fusing,
Insufficient outlets, improper wiring or installation, deterioration
or damage, it shall be corrected to eliminate the hazard.
(bb)
Adequate Interior Ventilation. Every room in every rented or leased
dwelling shall have at least one window which can be easily opened
or such other device as will adequately ventilate the room. The total
openable window area in every room shall be equal to at least 45%
of the minimum window area size required in the Code of the City of
Mission Woods, except that no openable window shall be required in
bathrooms or toilet compartments equipped with an approved ventilation
system.
(cc)
Interior Ventilation and Light in Bathroom and Toilet. Every bathroom
and toilet compartment in every rented or leased dwelling unit shall
comply with the light and ventilation requirements for habitable rooms
as required by the Code of the City of Mission Woods except that no
window shall be required in bathrooms or toilet compartments equipped
with an approved ventilation system. The Enforcement Officer may waive
this requirement if the construction or use of the dwelling is such
as to make this requirement impractical.
(dd)
Interior Storage of Flammable Liquids Prohibited. No rented or leased
dwelling, dwelling unit or rooming unit shall be located within a
building containing any establishment handling, dispensing or storing
flammable liquids with a flash point of 110° F. or lower.
(ee)
Interior Cooking and Heating Equipment. All cooking and heating equipment,
components, and accessories in every heating, cooking and water heating
device shall be maintained free from leaks and obstructions and kept
functioning properly so as to be free from fire, health and accident
hazards. All installations and repairs shall be made in accordance
with the provisions of the building code or other laws or ordinances
of the City applicable thereto.
(ff)
Interior Maintenance of Private Areas. Every occupant of a rented
or leased dwelling shall maintain in a clean and sanitary condition
that part of the dwelling and its premises which he or she occupies
and controls. The occupant shall keep such premises free of litter,
trash, garbage, salvage material, junk and building materials, unless
properly stored. The occupant shall keep such premises reasonably
free of breeding, harboring and feeding places for rodents and insects.
The occupant shall also keep such premises free of noxious weeds.
(gg)
Disposal of Trash. Every occupant of a rented or leased dwelling
shall dispose of his or her trash in a clean and sanitary manner by
placing it in trash containers. Every dwelling shall have adequate
trash storage facilities in accordance with the Code of the City of
Mission Woods.
(hh)
Interior Disposal of Garbage. Every occupant of a rented or leased
dwelling shall dispose of his or her garbage in a clean and sanitary
manner by placing it in garbage disposal facilities or garbage storage
containers; provided that, if garbage disposal facilities are not
supplied, it shall be the responsibility of the owner to supply proper
garbage storage containers which may include garbage bags, for all
units in rooming houses and apartment houses. Every dwelling unit
offered for rent shall have adequate storage facilities, which shall
be constructed to repel animals, for the deposit of garbage bags until
the date of pickup. The type and location of these containers must
conform to the Code of the City of Mission Woods. It shall be the
responsibility of the owner or his agent to see that garbage bags
are deposited at curbside as required in said Code.
(ii)
Interior Use and Operation of Supplied Plumbing Fixtures. Every occupant
of a rented or leased dwelling or part thereof shall keep the supplied
plumbing fixtures therein clean and sanitary and shall be responsible
for the exercise of reasonable care in their proper use and operation.
(jj)
Extermination of Interior Pests. Generally. Buildings shall be kept
free from insect and rodent infestation, and where insects or rodents
are found, they shall be promptly exterminated by acceptable processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
(1)
Extermination from Buildings. Every owner of a dwelling or apartment
shall be responsible for the extermination of insects, rodents, vermin
or other pests whenever infestation exists in two or more of the dwelling
units or in the shared or public parts of the structure.
(2)
Extermination from Dwelling Units. The occupant of a dwelling
unit in a dwelling or apartment shall be responsible for such extermination
within the unit occupied by him whenever his dwelling unit is the
only unit in the building that is infested.
(kk)
Occupancy permit required in rented or leased dwelling units where
compliance with this ordinance is not achieved.
(1)
Applicability. This section shall apply only to occupancy of
rented or leased dwelling units which have been found to be in noncompliance
with this ordinance and when the work ordered under pursuant to this
ordinance has not been performed.
(2)
Scope. Except as otherwise provided, it shall be unlawful for
any person or family to occupy or for any owner or agent thereof to
permit the occupancy of any rented or leased dwelling, dwelling unit
or addition thereto, or part thereof, for any purpose unless compliance
with the ordinance is achieved and until an occupancy permit has been
issued by the Enforcement Officer. The occupancy permit shall not
be issued until all violations of this article have been brought into
compliance except as provided in paragraph (4) hereof. The occupancy
permit so issued shall state that the occupancy complies with all
of the provisions of this article.
(3)
Fee. The fee for such occupancy permit, including inspection
fee shall be $25 for each single-family residence and $25 for apartments
for each dwelling unit occupied. The $25 fee shall also cover the
first reinspection in the event a reinspection is necessary following
the initial inspection. In the event further reinspections are necessary
to secure an occupancy permit or to comply with the terms of a conditional
occupancy permit, each such reinspection after the first reinspections
shall require an additional fee of $25 per reinspection.
(4)
Conditional Occupancy Permit. A conditional occupancy permit
may be issued by the Enforcement officer if in his judgment, any deficiencies
in structures covered by this article would not seriously endanger
the health or safety of the occupants of the community, and provided
that in the case of an owner-nonoccupant an affidavit stating that
the owner will correct deficiencies within a specified time and thus
bring the structure into compliance with the provisions of this article
has been provided. The renter or lessee occupant may occupy the dwelling
while repairs are being made. At such time as the dwelling complies
with all the provisions of this article an occupancy permit will be
issued as provided above, not to exceed the time limit stated in the
affidavit.
(5)
Notice of Requirement of Occupancy Permit to be Posted. The
Enforcement officer shall post in a conspicuous place on every noncomplying
rented or leased dwelling, a sign specifying that an occupancy permit
is required to be issued prior to the occupation or continued occupation
of any dwelling unit. Said notice shall remain on the dwelling unit
or dwelling until compliance with the code is achieved as determined
by the Enforcement Officer.
Accessory structures shall not obstruct light and air of doors
and windows of any building or dwelling unit, or obstruct a safe means
of access to any dwelling unit, or create fire and safety hazards,
or provide rat or insect harborage. Accessory structures shall be
securely anchored.
(a)
General Egress. Every building and dwelling unit shall have a safe
and unobstructed means of egress leading to safe and open space outside
at the ground level. Passage through such exit shall not lead through
any other building or dwelling unit.
(b)
Structures with Two and One-Half or More Stories. All buildings or
habitable structures of 2 1/2 or more stories with dwelling units
occupying the higher story shall be provided with two separate usable
unobstructed means of egress for each dwelling unit located above
the second story.
(a)
Enforcement Officer. It shall be the duty and responsibility of the
Enforcement Officer and his delegated representatives to enforce the
provisions of this article. No order for correction of any violation
under this article shall be issued without the approval of the Enforcement
Officer or his delegated representative. The Enforcement officer may
grant an extension or extensions of time to correct any violation
of this article in an initial amount not to exceed 30 days. No extension
of time shall be granted unless the Enforcement Officer is satisfied
that an extension is justified based upon such factors as type and
extent of violations, extent to which health and safety to persons
or property may be jeopardized due to said violation or violations,
weather conditions, and any other extenuating circumstances shall
be used in determining any length of time to correct a violation of
this article.
(b)
Inspections. Inspections shall be initiated under the following circumstances:
(1)
Where there is extensive deterioration of a building or dwelling.
(2)
When, on the basis of a complaint or personal observation, the
Enforcement Officer reasonably suspects that a building or dwelling
has code violations and as such constitutes a health and/or safety
hazard.
(3)
Where an inspection is a requirement of a specific building
or dwelling improvement for which a building permit has been issued
the Enforcement Officer is authorized and directed to make inspections
to determine whether buildings, dwellings or accessory structures
and premises located within the City conform to the requirements of
this article. For the purpose of making such inspections, the Enforcement
Officer is authorized, at reasonable times, with the consent of the
owner thereof, to enter, examine and survey all buildings, dwellings,
and accessory structures and premises.
(4)
Inspections may also take place by obtaining an administrative
warrant as provided by law.
(c)
Access for Purposes of Inspections. The Enforcement Officer is authorized
to conduct inspections to determine the conditions of all structures
and premises governed by this ordinance in order to safeguard the
safety, health and welfare of the public under the provisions of this
article. The Enforcement Officer is authorized to enter any structure
or premises at any reasonable time for the purpose of performing the
duties under this article. The owner, occupant or operator of every
structure or premises governed by this ordinance, or the person in
charge thereof shall give the Enforcement Officer free access thereto
and to all parts thereof and to the premises on which it is located
at all reasonable times for the purpose of such inspection, examination
and survey. In the event the owner, operator or occupant shall refuse
access to any structure or premises, the Enforcement Officer may make
application to the District Court for a search warrant.
(d)
Remedy of Defects. The owner of any building shall remedy the condition
specified in such notice within the time designated therein; however,
the Enforcement Officer may, at his discretion, extend the time for
compliance with any such notice, in accordance with this article.
Nothing herein, however, shall require the Enforcement Officer to
grant a notice or undertake any administrative action prior to a complaint
issuing in the Municipal Court of Mission Woods, Kansas. It shall
not be a defense to any such complaint that the owner of any building
has undertaken to remedy the condition specified.
(e)
Reinspection. At the time when the defects have allegedly been brought
into compliance, the Enforcement Officer shall reinspect the building,
dwelling, or accessory structure and its premises. At this time, he
shall make a reinspection, taking particular notice whether the violations
previously noted have been brought into compliance and whether any
hazardous conditions have come into existence in the time which has
elapsed since the first inspection.
(f)
Noncompliance With Article; Notice to be Given. Whenever the Enforcement
officer or his delegated representative finds evidence of a violation
of any provisions of this article, he shall declare a code violation
and give notice of same to the person or persons responsible hereunder.
Such notice shall be in writing and shall include a statement of each
of the provisions of this article being violated together with a statement
of the corrective action required to cure such violation. Such notice
shall specify the period of time within which such remedial action
shall be taken, which time shall be a reasonable period of time under
all of the circumstances. In the event that the predicated items are
not completed in the specified time, such notice, shall specify that
the owner or his agent has the right to appeal the decision of the
Enforcement Officer to the Governing Body within 30 calendar days.
Such notice shall be served by delivering a copy to the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in such building as shown by the land records of the Register of Deeds
of Johnson County, or, if any such person cannot be found, by sending
a copy of the notice by registered or certified mail with return receipt
requested, or if same cannot be delivered, by posting a copy of such
notice in a conspicuous place in or about the building affected by
the notice. The notice shall be deemed served on the date served or
received, or 10 days after posting as herein provided. Nothing herein
provided shall preclude or limit the filing of a complaint alleging
a violation of this ordinance in the Municipal Court, nor shall any
administrative action be necessary prior to the issuance of such a
complaint.
(g)
Hearing. In the event the City shall undertake to abate or remedy
any violation hereunder, and upon failure to commence the work of
reconditioning or demolition within the time specified or upon failure
to proceed with the work without unnecessary delay, the Enforcement
Officer shall notify the Governing Body, which shall call and have
a full and adequate hearing upon the matter, giving at least 21 days'
written notice of the time, place and purpose of the hearing. At that
hearing, any party may be represented by counsel, and all parties
shall have an opportunity to be heard. After the hearing, if the evidence
supports a finding that the building or structure is a code violation
or detrimental to the health or safety of any residents of the City,
the Governing Body shall issue an order making specific findings of
fact, based upon competent and substantial evidence, which shows the
building or structure to be a code violation and detrimental to the
health or safety of any residents of the City, and ordering the building
or structure to be demolished and removed, or repaired. If the evidence
does not support a finding that the building or structure is a code
violation or detrimental to the health or safety of any residents
of the City, no order shall be issued. Notice of any post hearing
orders shall be given in the same manner as notice of a noncompliance.
(h)
Performance of Work by City; Special Tax Bill. If any order of the
Governing Body is not obeyed within the time specified by the Board
which shall be no less than 30 calendar days, and if appeal of such
order is not made as herein authorized, the Enforcement Officer may
cause such building or structure to be repaired, vacated or demolished
as provided in his post-hearing order. The Enforcement officer shall
certify the costs for such repair, vacation or demolition to the City
Clerk, who shall cause all such costs to be placed on the tax rolls
of the property.
(1)
Appeal. The decision of the Governing Body may be appealed within
30 days by a party aggrieved thereby to the District Court of Johnson
County.
(a)
Placard on Building. The designation of buildings or dwellings as
unfit for human habitation and the procedure for such declaration
and placarding of such unfit buildings or dwellings shall be carried
out in compliance with the following requirements. Any buildings or
dwellings which shall be declared unfit for human habitation and shall
be so designated and placarded by the Enforcement Officer when the
person responsible has failed to correct the condition set forth in
a notice issued in accordance with this ordinance: One which is so
damaged, decayed, dilapidated, unsanitary, unsafe, insect infested
or rodent infested that it creates a serious hazard to the health
or safety of the occupants or the public.
(b)
Building to be Vacated. Any building or dwelling condemned as unfit
for human and so designated and placarded by the Enforcement Officer,
shall be vacated within a reasonable time as ordered by the Enforcement
Officer.
(c)
Reoccupation of Building. No building or dwelling which has been
condemned and placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from
and such placard removed by the Enforcement Officer. The Enforcement
Officer shall remove such placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated.
(d)
Unlawful to Remove Placard. No person shall deface or remove the placard from any building or dwelling which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection (c).
(e)
Vacated Buildings to Be Made Secure. The owner of every building
or dwelling which is condemned as unfit for human habitation for continued
occupancy shall make the dwelling or building safe and secure so that
it shall not be dangerous to human life and shall not constitute a
fire hazard or public nuisance. Any such vacant building or dwelling
open at doors or windows, if unguarded, shall be deemed to be dangerous
to human life as a fire hazard and public nuisance within the meaning
of this provision.
(a)
Applicability. Every window, glazed exterior door, exterior transom,
or exterior sidelight shall be provided with properly installed glass
or other approved glazing material. In the event of breakage, the
owner shall cause the simultaneous removal of broken glass from the
premises and shall temporarily board up the affected openings with
suitable material to provide protection from the elements, and to
prevent entry of birds or animals, and to provide security to occupants
or contents of the building. Within 10 days after the boarding up,
the owner shall cause the boarding material to be removed, and all
affected openings shall be immediately reglazed by the owner.
(b)
Enforcement. Whenever any exterior openings are found boarded up
in an occupied building or dwelling it shall, be the duty of the Enforcement
Officer to notify the owner or the agent of the above requirement,
giving him a period of not more than 10 working days in which to properly
replace the broken glass or cause the building or dwelling to be vacated.
If necessary materials are not available within this period, the Enforcement
Officer may grant an extension of time at his discretion.
(c)
Specifications. All boarding up of exterior openings shall be accomplished
in a neat, workmanlike manner with not less than unpainted three-eighths
inch thick, weather resistant plywood cut to fit within the openings,
fastened in place as securely as possible. The Enforcement Officer
is authorized to notify the owner or agent of any boarded up building
or dwelling not complying with the above requirement of the necessity
of immediate compliance, and to order him to replace within 10 working
days.
(a)
Prosecution. In case any violation of this article is not remedied
within the prescribed time period designated by the Enforcement Officer,
he shall request the legal representative of the City to institute
an appropriate action or proceeding at law against the person or firm
responsible for the failure to comply:
(1)
To restrain, correct or remove the violation or refrain from
any further execution of work;
(2)
To restrain or correct erection, installation or alteration
of such building;
(3)
To require the removal of work in violation;
(4)
To prevent the occupation or use of the building, structure
or part thereof, erected, constructed, installed or altered in violation
of or not in compliance wit the provisions of this article or in violation
of a plan or specification under which an approval, permit or certificate
was issued; and
(5)
To enforce the penalty provision of this article.
(b)
Penalty for Violations. Any person who shall violate any provision
of this article shall, upon conviction thereof, be subject to the
penalties provided for herein. Every day that a violation continues
after due notice has been served, in accordance with the terms and
provisions hereof, shall be deemed a separate offense.
(c)
Remedies Not Exclusive. The authority of the City and its rights
and remedies herein shall be in addition to and not to the exclusion
of, all other authority, rights, or remedies.
(a)
When any dwelling unit has become so damaged by fire, wind or other
causes, or has become so unsafe, unhealthful or unsanitary that in
the opinion of the Enforcement Officer, life or health is immediately
endangered by the occupation of the dwelling unit, the Enforcement
Officer is hereby authorized and empowered to revoke without notice
any occupancy permit for such dwelling unit and to order and require
the occupants to vacate the same forthwith and to order the owner
or agent to proceed immediately with the corrective work and repairs
required to make the dwelling unit safe and fit for human habitation,
whether or not a notice of violation has been given as described in
this article and whether or not legal procedures described by City
ordinances have been instituted.
(b)
In the event the Enforcement Officer determines that there is an
immediate danger to the health, safety or welfare of any person, he
may take emergency measure to vacate and repair the structure or otherwise
remove the immediate danger.
(c)
Written notice shall be given to the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in such building or
structure as promptly as possible. The cost of any such emergency
work shall be collected in the same manner as herein above provided.
Notice by posting said notice on the door of the building in question
or in any other conspicuous fashion shall be sufficient in the event
the owner, occupant, lessee, mortgagee, agent or other person or persons
having an interest in such building or structure cannot be located.
In cases concerning appeals to the Governing Body by any person
subject to the requirements of this article where it is claimed strict
compliance with the minimum standards contained herein would result
in serious personal financial hardship to the applicant for exemption,
the Governing Body after hearing may grant, in its sound discretion,
an appropriate personal financial exemption or deferment from strict
compliance with the provisions of this article. In reaching a decision
under this section the Governing Body shall consider the age, size
of family, extraordinary debts resulting from catastrophe or illness,
lack of employment, source of income, and gross income of the person
seeking the serious personal financial exemption.
For any decision of the Governing Body upon an order or action
taken pursuant to this ordinance, the method of judicial review shall
be by a duly verified petition presented to the District Court of
Johnson County. Such petition shall be filed with the court within
30 days after the filing of the Governing Body's decision. Such petition
shall set forth with particularity the ground for such review. Any
person or persons jointly or severally aggrieved by any decision of
the Governing Body shall be entitled to petition for such review.
(a)
Any person convicted of a violation of this article shall be punished
for that violation by a fine of not less than $25, but not more than
$500 or by imprisonment of not more than 180 days or by both such
fine and imprisonment.
(b)
Every day that a violation continues shall be considered a separate
offense, for which the violator may be arrested, tried and convicted
without necessity of further notice.
(c)
Whenever the penalty is to be a fine or a fine and imprisonment,
the fine shall be no less than the minimum amount set out in the following
schedule:
|
Offense
|
Fine
|
|---|---|
|
First Offense
|
$25
|
|
Second Offense
|
$50
|
|
Third Offense
|
$250
|
|
Fourth Offense
|
$400
|
|
Fifth Offense
|
$500
|
In determining the applicable minimum fine, an offense
shall be considered a recurring offense only if the defendant has
previously pleaded, or been found, guilty of violating the same minimum
standard at the same location.
