All buildings or portions of buildings shall be provided with
the degree of fire-resistive construction as required by the building
code for the appropriate occupancy, type of construction, and location
on the property, and shall be provided with the appropriate fire-extinguishing
systems or equipment required by the building code.
(1999 Code, sec. 26-293)
(a) Utility service required.
Each premises and structure
used or intended for use as a human dwelling unit or residence within
the city limits shall be lawfully, continually, and properly connected
to active public utility service as a condition for lawful occupancy
thereof. For purposes of this section:
(1) “Utility service” means municipal water and sewer service
of the city.
(2) “Properly connected” means water and sewer connections,
taps, fixtures, internal pipes and appurtenances which are designed,
installed, and operated in accordance with applicable plumbing and
construction codes.
(b) Violations; penalty.
It is an offense to occupy, attempt to occupy, or allow the occupancy of any premises or structure as a human dwelling or residence without active utility service as described in subsection
(a) above. An offense under this section is a health and safety violation punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code per occurrence.
(c) Exceptions.
It is an exception and defense to the offense described in subsection
(b) that:
(1) City water or sewer service is not then feasibly available at the
site.
(2) The dwelling unit or residence is vacant and utility service is temporarily
suspended during a period of vacancy.
(3) The utility service was physically disrupted by force majeure and
repairs to restore service are actively underway.
(4) The dwelling unit is a recreational vehicle with current vehicle
registration and functioning self-contained on-board potable water,
gray water, and black water systems, which is parked and used in an
allowed RV park, or which is used as a temporary construction office
or quarters on a construction site for no longer than 180 days for
a project that has received a city building permit and city inspections
during construction.
Failure or absence of any stated condition or qualification described in these subsections (1) through (4) invalidates the exception and defense sought to be used.
|
(d) Civil actions.
The city attorney is authorized to file
all necessary civil actions, including but not limited to restraining
orders and injunctions, to enforce this section.
(Ordinance 11-2017-01 adopted 11/21/2017; Ordinance adopting 2018 Code)