(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alter or alteration.
Any change or modification in construction or occupancy.
Apartment.
A room or a suite of rooms occupied, or which is intended or designed to be occupied, as a home or residence of one (1) individual, family or household for housekeeping purposes.
Apartment house.
A building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as a home or residence of more than two (2) families living independently of each other and doing their own cooking in such building, and shall include flats and apartments.
Applicable governing body.
A city, county, state, state agency or other political government, subdivision, or entity authorized to administer and enforce the provisions of this article, as adopted or amended.
Approved.
Approved by the building inspector.
Area.
As applied to the dimensions of the building, means the maximum horizontal projected area of the building at grade. (See “Floor area.”)
Attic story.
Any story situated as wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation.
Basement.
That portion of the building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from the ceiling; providing, however, that the distance from grade to ceiling shall be at least four (4) feet, six (6) inches. (See “Story.”)
Building.
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term “building” shall be construed as if followed by the words “or part thereof.”
Building, existing building.
A building erected prior to June 15, 1973, or one for which a legal building permit has been issued.
Building inspector.
The officer or person charged with the administration and enforcement of this article, or his or her duly authorized representative.
Cellar.
That portion of a building, the ceiling of which is entirely below grade or less than four (4) feet, six (6) inches above grade. (See “Story.”)
Dilapidated dwellings or structures.
A dwelling, dwelling unit, multiple dwelling, apartment, or apartment house, including among others garages, sheds and similar accessory structures, and all other buildings, which by reason of inadequate maintenance, dilapidation, obsolescence, are abandoned, or unsafe, unsanitary, or which constitute a fire hazard or are otherwise dangerous to human life and are no longer adequate for the purpose or use for which they were originally intended. It is the intent of this definition to include any and all structures as may legally come within the scope of the definition of structure.
Dwelling.
When used without other qualification, means a structure occupied exclusively for residential purposes by not more than two (2) families.
Evaluation or value.
As applied to a building, means the estimated cost to replace the building in kind.
Dwelling unit.
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking, and eating.
Existing building.
See “Building, existing building.”
Exit corridor.
Any corridor or passageway used as an integral part of the system. That portion of a corridor or a passageway which exceeds the allowable distance traveled to any exit becomes an exit corridor or passageway.
Exit passageway.
An enclosed hallway or corridor connecting a required exit to a street.
Extermination.
The control and elimination of insects, rodents, or other pests by eliminating 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 or legalized pest elimination approved by the building inspector.
Family.
One (1) or more persons living together, whether related by birth or not, and having common housekeeping facilities.
Floor area.
The area included within surrounding walls of a building exclusive of vents, shafts, and courts.
Garbage.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Grade.
With reference to a building, when the curb level has been established, the average elevation of the curb level opposite those walls that are located on or parallel with and within fifteen (15) feet of street lines; or, when the curb level has not been established, or all the walls of the building are more than fifteen (15) feet from the street line, “grade” means the average of the finished ground level at the center of all walls of the building.
Habitable room.
A room occupied by one (1) or more persons for living, eating or sleeping purposes. It does not include toilets, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods.
Heating.
The following definitions shall apply to heating installations:
(1) 
Central heating boilers and furnaces and boilers.
Shall include warm air furnaces, floor-mounted direct-fire unit heaters, hot water boilers, and steam boilers operating not in excess of fifteen (15) pounds of gage pressure used for heating of buildings or structures.
(2) 
Chimney.
A vertical shaft of masonry, reinforced concrete, or other approved noncombustible, heat resisting material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid, or gas fuel.
(3) 
Flue.
A vertical passageway for products of combustion.
(4) 
Vent pipe.
As applied to heating, means a pipe for removing products of combustion from gas appliances.
(5) 
Water heater.
A device for the heating and storage of water to be used for other than heating or industrial purposes.
Infestation.
The presence, within or around a dwelling, of any insects, rodents, or other pests.
Inner court.
An open unoccupied space, bounded by the walls of the building, but located within the exterior walls of the building.
Multiple dwelling.
Has the same meaning as “apartment house.”
Occupant.
Any person, over one (1) year of age, living, sleeping, cooking, or eating in or having actual possession of a dwelling unit or rooming unit.
Operator.
Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units or any other building or portion of a building are let, rented or used.
Ordinary minimum winter conditions.
The temperature of twenty (20) degrees Fahrenheit above the lowest recorded temperature for the previous fifteen-year period.
Owner.
Includes his or her duly authorized agent or attorney. A purchaser, devisee, fiduciary, and a person having a vested or continued interest in the property in question.
Physical value.
The actual cost of replacement of a building or structure with similar materials erected in a like manner to the original construction. Physical value could also mean the fair market value of a building or structure exclusive of land value, as may appear in the tax record of the city council.
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, or the venting system of public or private water supply systems within or adjacent to a 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.
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 encumbrances 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, or a vital element of an elevator, plumbing, gas pipe, wiring, or heating installation, or that would be in violation of the 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 article.
Residential occupancy.
Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories. Such buildings include, among other things, the following: dwellings, multiple dwellings, and lodging houses.
Rooming unit.
Any dwelling or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
Rubbish.
Combustible and noncombustible waste material, except garbage, and shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.
Stairway.
One (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one (1) story to another in a building or structure.
Story.
That 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 a 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.”
Substandard building, dwelling or structure.
A building, dwelling, dwelling unit, multiple dwelling, apartment, apartment house, or any other space used for any purpose or intended to be used as a habitable living space in any building or structure which does not meet basic minimum requirements of this article for the use that it was originally intended.
Supplied.
Paid for, furnished, or provided by or under the control of the owner or operator.
Walls.
(1) 
Bearing wall.
A wall which supports any vertical load in addition to its own weight.
(2) 
Exterior wall.
A wall, bearing or nonbearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or firewall.
(3) 
Foundation wall.
A wall below the first floor extending below the adjacent ground level and serving as support for a wall, pier, column or other structural part of a building.
Writing.
Includes printing and typewriting.
Written notice.
Shall be considered to have been served if delivered at or sent by registered mail to the last home or business address known to the party receiving the notice.
(b) 
Whenever the words “apartment,” “apartment house,” “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” “premises,” “building,” or “structure” are used in this article, they shall be construed as though they were followed by the words “or part, or any part thereof.”
(Ordinance adopted 6/15/73, art. 1 (1100); 1989 Code, sec. 9-27; Ordinance adopting 2016 Code)
(a) 
The provisions of this article shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
(b) 
No provision of this article shall be held to deprive any federal or state agency, or any municipal authority having jurisdiction, of any power or authority which it had on the effective date of the ordinance from which this section was derived, or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.
(c) 
The provisions of this article shall apply to all mobile homes and house trailers used as a residential occupancy in excess of thirty (30) days.
(Ordinance adopted 6/15/73, art. 1 (103); 1989 Code, sec. 9-28)
This article 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 dwellings, apartment houses, rooming houses or other buildings, structures or premises used where people dwell or congregate.
(Ordinance adopted 6/15/73, art. 1 (102); 1989 Code, sec. 9-29)
The provisions of this article shall apply to any dwelling, apartment, apartment house, rooming house or any other building irrespective of when said building was constructed, altered or repaired.
(1) 
If, within any period of twelve (12) months, alterations or repairs costing in excess of fifty (50) percent of the then physical value of the building are made to an existing building, such building shall be made to conform to the requirements of the building code of the city for new buildings.
(2) 
If an existing building is damaged by fire or otherwise in excess of fifty (50) percent of its then physical value before such damage is repaired, it shall be made to conform to the requirements of the building code of the city for new buildings.
(3) 
If the costs of such alterations or repairs or the amount of such damage is more than twenty-five (25) percent but not more than fifty (50) percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the building code of the city for new buildings to such extent as the building inspector may determine.
(4) 
Repairs and alterations not covered by subsection (1), (2) or (3) above, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of the building code of the city or in such a manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed.
(5) 
For the purposes of this section, the physical value of a building or structure shall be determined by the building inspector for the city.
(Ordinance adopted 6/15/73, art. 1 (104); 1989 Code, sec. 9-30)
All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this article in a building when erected, altered or repaired shall be maintained in good working order. 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 sections 3.05.079 and 3.05.080. The tenant shall be responsible for the maintenance of buildings, structures and premises to the extent set out in sections 3.05.079 and 3.05.080.
(Ordinance adopted 6/15/73, art. 1 (105); 1989 Code, sec. 9-31)
All dwellings, apartment houses, rooming houses or buildings or structures usable as such and such other buildings under the control of this article which are unsafe, unsanitary, unfit for human habitation, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section [declared to be unsafe buildings]. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure:
(1) 
Whenever the building inspector shall find any building or structure or portion thereof to be unsafe, unsanitary, or unfit for human habitation, he or she shall, in accordance with established procedure for legal notices, give the owner, agent, or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner, within a stated time, either to complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof.
(2) 
The building inspector shall cause to be posted at each entrance of each such building a notice: “This building is unsafe and its use or occupancy has been prohibited by the building inspector.” Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person to remove such notice without written permission of the building inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
(3) 
The owner, agent or person in control shall have the right, except in cases of emergency, to appeal from the decision of the building inspector, as provided hereinafter, and to appear before the housing board of adjustments and appeals at a specified time and place to show cause why he or she should not comply with such notice.
(4) 
In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent, or person in control shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove such building or structure or portion thereof, the building inspector, after having ascertained the cost, shall cause such building or structure or portion thereof to be demolished, secured, or required to remain vacant.
(5) 
Costs incurred under subsection (4) above shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
(Ordinance adopted 6/15/73, art. 1 (302); 1989 Code, sec. 9-32)
Any requirement not specifically covered by this article, found necessary for the safety, health, and general welfare of the occupants of any dwelling, shall be determined by the building inspector subject to appeal to the housing board of adjustments and appeals.
(Ordinance adopted 6/15/73, art. 1 (303); 1989 Code, sec. 9-33)
Where the literal application of the requirements of this article would appear to cause undue hardship on any owner or tenant, or when it is claimed that the true intent and meaning of this article or any of the regulations therein have been misconstrued or wrongly interpreted, the owner of such building or structure, or his or her duly authorized agent, may appeal from the decision of the building inspector to the housing board of adjustments and appeals.
(Ordinance adopted 6/15/73, art. 1 (501); 1989 Code, sec. 9-34)
There is hereby established by the city council provision for the enforcement of this article by the building inspector.
(Ordinance adopted 6/15/73, art. 1 (201); 1989 Code, sec. 9-35)
No officer or employee connected with the administration or enforcement of this article, except one whose connection is that of a member of the board of housing adjustments and appeals, shall be financially interested in the furnishing of the labor, material, or appliances for the construction, alteration, or maintenance of the building, or in the making of plans or of writing of specifications therefor, unless he or she is the owner of a particular building. No such officer or employee shall engage in any manner which is inconsistent with his or her views [duties] or with the interest of the administration of this article.
(Ordinance adopted 6/15/73, art. 1 (202); 1989 Code, sec. 9-36)
The building inspector shall keep, or cause to be kept, a record of the business of the administration of this article in his or her office, which shall be the official administrative office of this article. The records of this administrative office shall be open to public inspection.
(Ordinance adopted 6/15/73, art. 1 (203); 1989 Code, sec. 9-37)
The building inspector shall enforce the provisions of this article, and he or she, or his or her duly authorized representative, upon presentation of proper identification to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or other building or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case the above limitations shall not apply.
(Ordinance adopted 6/15/73, art. 1 (301); 1989 Code, sec. 9-38)
The building inspector shall annually submit a report to the city council and thence to the mayor explaining the work of the inspection department and administration of this article during the preceding year. He or she shall incorporate in such report a summary of the decisions of the housing board of adjustments and appeals during such year.
(Ordinance adopted 6/15/73, art. 1 (303); 1989 Code, sec. 9-39)
(a) 
The building inspector shall, of his or her own volition [or] upon receipt of complaints, cause to be made such inspections as are necessary to determine the fitness of a building or dwelling unit for human occupancy and use. He or she shall make a record of every inspection and of all violations of this article.
(b) 
The building inspector shall make, or cause to be made by his or her deputy, the inspections called for by these requirements.
(c) 
The city council shall not provide or permit another to provide either public or private utility services such as water, gas, electricity, sewer, etc., to any substandard dwelling unit or building becoming vacant until such dwelling unit has become vacant, brought into compliance with this article and the building code, and a valid certificate of occupancy, as required, has been issued. This requirement shall not preclude the temporary use of such utility services as may be deemed necessary during construction, repair or alteration. The building inspector shall be responsible for making the determination as to when such temporary services may be necessary.
(d) 
No building, plumbing, electrical, gas or other permit, as may be required for any addition, alteration or repair of any existing substandard dwelling unit or building, shall be issued until such time as an inspection of the property has been made to determine the feasibility of rehabilitation of such dwelling unit or building.
(Ordinance adopted 6/15/73, art. 1 (401); 1989 Code, sec. 9-40)
No person shall occupy as owner or occupant, or let to another for occupancy, any vacant dwelling, dwelling unit, apartment or any space designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein which does not comply with requirements of this article and for which a valid certificate of occupancy has not been issued.
(Ordinance adopted 6/15/73, art. 1 (1202); 1989 Code, sec. 9-41)
Any person who shall violate a provision of this article, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish, or remove any structure or has erected, constructed, altered, repaired, removed or demolished a building or structure in violation of this article, shall be guilty of a misdemeanor and shall be subject to a penalty in accordance with the general penalty provided in section 1.01.009 of this code. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued, and upon the conviction of any such violation such person shall be punished within and as provided by state law.
(Ordinance adopted 6/15/73, art. 1 (900); 1989 Code, sec. 9-42; Ordinance adopting 2016 Code)