(a) 
The provisions embraced in the following sections shall constitute and be known as the structural standards code of the city.
(b) 
The code may be cited herein as “this code” or “this article.”
(2004 Code, sec. 153.001)
(a) 
The code establishes minimum standards for occupancy and does not replace or modify standards otherwise established for construction, replacement or repair of buildings.
(b) 
Every building, structure or dwelling, permanent, movable or mobile, shall conform to the requirements of this code, regardless of the primary use of the building, structure or dwelling and regardless of when the building, structure or dwelling may have been constructed, altered or repaired.
(c) 
This code is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, dwellings and structures, permanent, movable and mobile.
(d) 
The code does not alter the provisions for the immediate security or demolition of hazardous structures in cases where there exists imminent danger to human life or health.
(2004 Code, sec. 153.002)
The provisions of this code 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 light, ventilation, space, heating, 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.
(Ordinance 2011-41 adopted 11/14/11)
(a) 
All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition.
(b) 
All devices or safeguards which are required by this code in a building when erected, altered or repaired shall be maintained in good working order.
(c) 
The owner or his or her designated agent shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this code.
(d) 
The tenant shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this code.
(2004 Code, sec. 153.004)
(a) 
No structure or building shall be moved from one lot to another or erected within the city limits until a permit shall have been issued, and no permit shall be issued for the removal if the structure is not in conformity with this article.
(b) 
Any structure hereafter erected or moved without a permit and not in conformity with this article shall be removed at the owner’s expense.
(2004 Code, sec. 153.005)
Nothing in this article or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance repealed hereby, nor shall any right or remedy of any character be lost, impaired or affected by this article.
(2004 Code, sec. 153.006)
(a) 
All structures, dwellings, apartment houses, rooming houses, buildings or outbuildings which are unsafe, unsanitary, or unfit for human habitation or which constitute a fire hazard or are otherwise dangerous to human life, or which, in relation to existing uses, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment or lack of adequate egress, are generally, in contemplation of this section, unsafe buildings.
(b) 
All unsafe buildings are hereby declared illegal and a public nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this article and the laws of the state.
(2004 Code, sec. 153.007)
(a) 
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alter or alteration.
Any change or modification in construction or occupancy.
Applicable governing body.
The city council, to administer and enforce the provisions of this code, as adopted or amended.
Approved.
Approved by the building official.
Basement.
A portion of a building located partly underground but having less than one-half or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
Building.
(1) 
Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
(2) 
The term “building” shall be construed as if followed by the words “or part thereof.”
Building official.
The officer or other person charged with the administration and enforcement of this article or his or her duly authorized representative.
Cellar.
A portion of a building located partly or wholly underground, having one-half or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
Dwelling.
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, whether or not the building is occupied or vacant; provided that temporary housing, as hereinafter defined, shall not be regarded as a dwelling, nor shall trailers be included as a dwelling.
Dwelling unit.
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, whether or not the unit is occupied or vacant.
Extermination.
The control and extermination 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, or trapping, or by any other recognized and legal pest elimination methods.
Family.
One or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities.
Floor area.
The total area of all habitable space in a building or structure.
Garbage.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room.
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
Infestation.
The presence within or around a dwelling of any insects, rodents or other pests.
Multiple dwelling.
Any building which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of more than two families living independently of each other and doing their own cooking, and shall include flats and apartments.
Openable area.
The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator.
Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Owner.
(1) 
The holder of the title in fee simple, and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted.
(2) 
It shall also mean any person who, alone or jointly or severally with others:
(A) 
Shall have legal title to any dwelling or dwelling unit, with or without accompanying any actual possession thereof; or
(B) 
Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee, or other person, firm or corporation in control of a building or their duly authorized agents.
(3) 
Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as these regulations pertaining to the property which apply to the owner.
Person.
Any individual, firm, corporation, association or partnership.
Plumbing.
The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of stormwater, liquid waste or sewage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
Premises.
A lot, plot or parcel of land, including the buildings or structures thereon. In the case of multi-dwelling units, each dwelling unit as defined in this article shall be considered a separate premises.
Public area.
An unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the fire department and free of all encumbrance that might interfere with its use by the fire department.
Repair.
The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term “repair” or “repairs” shall not apply to any change of construction.
Required.
Required by some provision of this code.
Residential occupancy.
Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories, shall be classified as residential occupancy. The buildings include, among others, the following: dwellings, multiple dwellings and lodging houses.
Rooming house.
Any dwelling or part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.
Rooming unit.
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rubbish.
Combustible and noncombustible waste materials, except garbage; and the term shall include 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, metal, mineral matter, glass crockery and dust.
Stairway.
One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one story to another in a building or structure.
Story.
The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term “structure” shall be construed as if followed by the words “or part thereof.”
Supplied.
Paid for, furnished or provided by or under control of the owner or operator.
Temporary housing.
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.
Ventilation.
The process of supplying and removing air by natural or mechanical means to or from any space.
Yard.
An open, unoccupied space on the same lot with a building extending along the entire length of a street or rear or interior lot line.
(b) 
Whenever the words “dwelling,” “dwelling units,” “rooming house,” “rooming units” or “premises” are used in this article, they shall be construed as though they were followed by the words “or any part thereof.”
(2004 Code, sec. 153.008)
(a) 
Any person, either by himself, herself or agent, and any firm, corporation or other entity who violates any of the provisions of this code shall be deemed guilty of a misdemeanor and issued a warrant to appear in municipal court and, upon conviction of any violation, shall be fined in any sum not to exceed $500.00. Each day during which the violation continues shall constitute a separate and distinct offense. In any case of violation of any of the terms or provisions of this article by any corporation, the officers and agents actively in charge of the business of the corporation shall be subject to the penalty herein provided. Any offense defined herein which has been defined by laws of the state as an offense and for which a penalty has been prescribed shall be punished as provided in state law. Nothing herein shall be held as fixing any penalty provided by the laws of the state.
(b) 
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.
(Ordinance 2011-41 adopted 11/14/11)