This article applies to each building and premises located in the city, as that term is defined herein. This article is limited in its application to those properties specified.
(1996 Code, sec. 3.901)
A structure, the use of which is incidental to that of the main building, and which is attached thereto or located on the same premises.
A combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals, or property. The word “building” shall be construed, when used herein, as though followed by the words “or part or parts thereof” unless the context clearly requires a different meaning.
The current building code of the city.
A building occupied exclusively for residential uses.
The land, dwelling units and auxiliary buildings thereon used or intended to be used in connection with a dwelling.
One (1) or more rooms with living, cooking, sanitary, and sleeping facilities therein arranged which is occupied exclusively for residential uses.
Shall include but not be limited to the following:
Deteriorated, crumbling, or loose plaster or masonry.
Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
The animal, vegetable, and mineral wastes resulting from the handling, preparation, cooking, and consumption of food.
The natural surface of the ground, or surface ground after completion of any change in contour.
A building or premises is unsafe or constitutes a health, accident, or fire hazard if it does not comply with the minimum standards set forth in the current adopted editions of the building code, mechanical code, plumbing code, fire code, and electrical code and their corresponding amendments and local ordinances.
A structure or a part of a structure which is used for other than residential purposes and, where applicable, the premises on which such structure is situated.
Any person over one (1) year of age who occupies a dwelling unit and who is living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
An area on a lot that is open and unobstructed to the sky except for the ordinary projections.
Any person who has charge, care, or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.
The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building.
The owner, occupant, mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm, or corporation directly or indirectly in control of a building or part thereof.
A lot, plot, or parcel of land, including the buildings or structures thereon.
All combustible and noncombustible waste, except garbage.
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.
(1996 Code, sec. 3.902; Ordinance adopting Code)
(a)
Every portion of a building or premises, residential or nonresidential, occupied or unoccupied, shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered, or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this article. This article establishes minimum standards for the initial and continued use and occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities. No person who owns, operates, or occupies a building or controls the letting of a dwelling, commercial property, rooming house, hotel, or motel, or other rental unit, including the premises and buildings appurtenant thereto, may occupy, or allow anyone to occupy, any part of same as a tenant unless it meets the standards for occupancy provided herein.
(b)
It shall be unlawful and an offense for any operator, occupant, or owner of any premises, building, dwelling, or structure to cause, suffer, permit, or allow to exist any unsanitary condition or nuisance condition, as defined in this article, on or in any such premises, building, dwelling, or structure.
(c)
The building official shall have the authority to make or cause to be made surveys in any area of the city to determine the general conditions of structures, the extent of deterioration, lack of facilities, maintenance, unsafe and unsanitary conditions, land use, and other relevant factors necessary to implement the purpose of this article, and to order any dwelling, premises, building, or structure vacated as unfit for human habitation or use under section 3.04.006.
(d)
Nothing in this article shall be deemed to abolish or impair existing remedies of the city, or its officers, relative to the removal or demolition of any buildings which are deemed to be dangerous, unsafe, or unsanitary.
(1996 Code, sec. 3.903)
(a)
All premises shall be kept free from organic and inorganic material that might become a health, accident, or fire hazard as defined herein. All premises, improved and unimproved, shall be kept clean at all times as required by article 6.05 of this code. Containers of adequate size with tightfitting covers shall be provided for the temporary storage of garbage and rubbish. Materials of an inflammable nature shall be safely stored as provided in the fire code or removed from the premises.
(b)
Exterior property areas shall be kept cut or mowed to prevent weeds, brush, or other plant growth becoming a health or fire hazard. Weeds, brush, and other plant growth shall be cut or mowed on all exterior property areas whenever such weeds, brush, or other plant growth is allowed to grow to an extent determined to be in violation of article 6.05 of this code. All sidewalks, driveways, alleys, and entrances used for ingress and egress shall be free from weeds, brush, overhanging, or protruding limbs of trees and other plant growth. Any limbs of trees that have become rotted or decayed to the point of being dangerous to persons shall be removed.
(1996 Code, sec. 3.904)
(a)
Requirements herein shall pertain to both accessory and primary structures. All dwelling premises, buildings, and structures that possess either severely cracked, rotten, defective, or deteriorating foundations, supports, walls, arches, stairs, or other portions which could fall and cause personal injury and/or property damage are considered to be structurally unsafe by the public works director and are in violation of the provisions of this section. Accessory structures and fences shall be kept structurally safe, free from health, fire and accident hazards, and in good repair, or shall be removed from the premises.
(b)
The foundation and walls of every structure shall be structurally sound and shall be maintained in good repair. Foundations and walls shall be considered to be in good repair and structurally sound if found free from damage or defects and capable of bearing imposed loads as required by the building code.
(c)
The stairs, porches, landings, gutters, awnings, railings, cornices and similar decorative features affixed to the interior of every structure shall be kept in good repair and structurally sound. Stairs and porches shall be considered to be in good repair and structurally sound when found to be free of holes, cracks, and must be capable of supporting imposed loads. Properly balustraded railings shall be provided when there is clear danger of accidental injury and must be capable of bearing imposed loads.
(d)
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe, sound, and in good repair.
(e)
Supporting structural members of every structure shall be structurally sound and capable of bearing the load safely. Supporting structural members shall be considered to be structurally sound if such members are capable of bearing imposed loads safely and if there is no evidence of deterioration or distortion.
(f)
The interior of every structure shall be maintained free from rubbish and garbage and other refuse. Disposal of garbage by garbage disposal units shall be in accordance with all applicable regulations of the city. Materials of an inflammable nature shall be stored to comply with the fire code or removed from the premises.
(g)
The exterior of every building shall be maintained in such a manner so as to prevent the deterioration of the weather protection.
(1996 Code, sec. 3.905)
(a)
Any resident of the city or any employee of the city who observes any violation of the terms of this article may make a complaint about such violation to the community development department of the city.
(b)
The building official or his representative shall observe and examine every building, structure, premises, or portion thereof upon which such complaint has been made, and if it be found to be a violation as defined in this article, the building official or his representative shall give the owner of such premises, building, or structure written notice stating the defects and objections and the violations of this article upon which complaint has been made. Such notice shall be sent to the property owner by delivering such notice in person or sending such notice by registered or certified mail, and such notice shall require the owner or occupant to commence the required rehabilitation, repair, demolition, or removal of said dwelling premises, building, or structure within twenty (20) days from the date such notice is delivered to the owner of said premises or deposited in the mail to him. Such notice also shall require that all work to eliminate the violation shall be completed within sixty (60) days from the date of such notice unless otherwise stipulated by the building official.
(c)
If the building official finds that said building is dangerous to the life or health of the person or persons occupying the same, the public works director may require that such dwelling premises, building, or structure be vacated until the required changes, repairs, demolition, or improvements are completed, subject to the inspection and approval of the city community development department. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a violation within the meaning of these provisions.
(d)
Any dwelling premises, building, or structure having any of the defects listed below is deemed unfit for human habitation or use and shall be so placarded:
(1)
The structure lacks the proper functional facilities adequate to protect the health and safety of the occupants or the public if it fails to meet the conditions outlined in the current adopted editions of the building code, mechanical code, plumbing code, fire code, or electrical code and all corresponding amendments and city ordinances.
(2)
The structure is damaged, decayed, dilapidated, unsanitary, or unsafe if it contains either severely cracked, rotten, defective, or deteriorating foundations, supports, walls, arches, stairs, or other portions which could fall and cause personal injury and/or property damage.
(e)
No person shall deface or remove the placard from any structure which has been designated as unfit for human habitation until written approval is secured from the public works director.
(f)
Whenever a notice or order has been issued for any infraction of this article, the building official may file a copy of such notice or order in the office of the county clerk to be filed in the deed records. Such recording shall constitute sufficient notice of the impending action to any subsequent purchaser, transferee, grantee, mortgagee, or lessee of the property affected.
(1996 Code, sec. 3.906; Ordinance adopting Code)
No officer, agent, or employee of the city shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city attorney until the final determination of the proceedings therein.
(1996 Code, sec. 3.907; Ordinance adopting Code)
This article shall not affect violations of any other ordinance, code, or regulation of the city existing prior to the effective date of this article, and such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed.
(1996 Code, sec. 3.908)
(a)
Appeals to the board of adjustment can be taken by any person aggrieved by a decision or order of the building official that a dwelling premises, building, or structure be repaired, rehabilitated, or vacated. Such appeal shall be taken within twenty (20) days after the decision has been rendered by the building official by filing in the city manager’s office a notice of appeal specifying the grounds thereof. The building official shall cause all documents constituting the records upon which the action was appealed from to be forwarded to the board of adjustment.
(b)
The board of adjustment shall hold a public hearing on all appeals made to it, and written notice of the date, time, and place of such public hearing shall be sent to the applicant. A hearing must be held within thirty (30) days by the board of adjustment after the receipt of an appeal as described above. Notice shall also be given by publishing the same in the official publication of the city at least ten (10) days prior to the date set for the hearing, which notice shall state the time and place of such hearing.
(c)
At a public hearing relative to any appeal, any interested party may appear in person, by his agent, or by his attorney. The burden of proof shall be on the applicant to establish the necessary facts to the satisfaction of the board of adjustment that the decision and order of the building official should be set aside or qualified.
(1996 Code, sec. 3.909)
(a)
In case the owner or occupant shall fail, neglect, or refuse to comply with the notice of the public works director to repair, rehabilitate, or demolish the building, structure, or portion thereof or to rehabilitate the premises described in such notice, or appeal therefrom within twenty (20) days, the building official shall notify the city council of the complaint and the fact that the owner has failed, neglected, or refused to comply with the notice from the building official.
(b)
The city council shall hold a public hearing prior to ordering the building official to proceed with carrying out the work to eliminate the violation. The city council shall set the time for such public hearing and give written notice by delivering such notice in person or by certified mail of such public hearing to the last known address of the owner of said dwelling premises, building, or structure at least ten (10) days before the date of such hearing.
(c)
After the owner of the dwelling premises, building, or structure on which a complaint has been filed shall appear before the city council, no further notice or order of the city council made at such hearing shall be required to be furnished to the owner or occupant thereof. In the event the owner fails to appear at the public hearing before the city council, a copy of the order of the city council made at such hearing shall be delivered to the owner of said dwelling premises, building, or structure in person or by a letter to the last known address by certified or registered mail.
(d)
Following the public hearing, the city council may:
(1)
Grant additional time for the owner to eliminate the violation;
(2)
Dismiss the case;
(3)
File a complaint with the municipal court charging the owner of said premises with a violation of this section or other parts of this code; or
(4)
Order the demolition of the dwelling premises, building, or structure and levy the cost of such work as a lien against the property on which the building was located. The lien may not be enforced by forced sale of the property and is extinguished if the property owner reimburses the city for the expenses of demolition.
(1996 Code, sec. 3.910)