A structure or property in violation of the standards identified in this chapter shall be declared a derelict building/property and a nuisance. Derelict buildings or properties are subject to the requirements for Abatement of Nuisances, Housing Receivership, and/or other methods of enforcement available to the City. Derelict buildings enforcement may include demolition by neglect of buildings. Determination of whether a building or property is in violation of this chapter shall be made by the Community Development Director. The Director should consult with the Building Official, Police Chief, Fire Chief, County Public Health Officer, or City Engineer, as necessary, in making this determination. The decision of the Community Development Director may be appealed to the City Commission in accordance with Chapter
15.08 Article 5. Minor infractions of this chapter may be determined by the Community Development Director to be reasonable maintenance deficiencies and not be declared as a nuisance depending on the degree or intensity of the infraction.
(Ord. 1229 § 2, 2019)
This chapter shall not apply to a building and/or properties
that are actively undergoing construction or repair as indicated by
a valid building permit and appearance that the person in charge is
progressing diligently to complete the repair or construction. This
exception does not apply to requirements relevant to public safety
or health concerns.
(Ord. 1229 § 2, 2019)
No person in charge of a property shall maintain or permit to
be maintained any property which does not comply with the requirements
of this chapter and is deemed to be a nuisance and detrimental to
the City. All property shall be maintained to the building code requirements
in effect at the time of construction, alteration, or repair, and
shall meet the minimum requirements described in this chapter.
A. Accessory
Structures. All accessory structures, including sheds, trellises,
awnings, fences, and other similar features, shall be maintained structurally
safe and sound, and in good repair. Exterior steps and walkways shall
be maintained free of unsafe obstructions or hazardous conditions.
B. Roofs.
The roof shall be structurally sound, tight, and have no defects which
might admit rain. Roof drainage shall be adequate to prevent rainwater
from causing dampness in the walls or interior portion of the building.
Roof drains, gutters, and downspouts shall be maintained in good repair
and free from obstructions and shall channel rainwater into approved
receivers.
C. Chimneys
and Towers. All chimneys, cooling towers, smoke stacks, towers, and
similar appurtenances / attachments shall be maintained so as to be
structurally safe and sound, and in good repair. They shall remain
adequately supported and free from obstructions and shall be maintained
in a condition which ensures there will be no leakage or back-up of
noxious gases. They shall be reasonably plumb. Loose bricks or blocks
shall be rebonded. Loose or missing mortar shall be replaced. Unused
openings into the interior of the structure must be permanently sealed
using approved materials.
D. Foundations
and Structural Members.
1. Foundation
elements shall adequately support the building and shall be free of
rot, crumbling elements, or similar deterioration.
2. The
supporting structural members in every structure shall be maintained
so as to be structurally sound, showing no evidence of deterioration
or decay which would substantially impair their ability to carry imposed
loads.
E. Exterior
Walls and Exposed Surfaces.
1. Exterior
wall and weather-exposed exterior surface or attachment shall be free
of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions
of the walls or the occupied spaces of the building.
2. Exterior
wood surfaces shall be made substantially impervious to the adverse
effects of weather by periodic application of an approved protective
coating of weather-resistant preservative, paint, or other approved
coating, and be maintained in good condition.
3. Exterior
metal surfaces shall be protected from rust and corrosion of an extent
that would substantially impair its ability to carry imposed loads.
4. Exterior
brick, stone, masonry, or other veneer shall be maintained so as to
be structurally sound and be adequately supported and tied back to
its supporting structure.
5. Cornices,
belt courses, corbels, terra cotta trim, wall facings, and similar
decorative features shall be maintained in good repair with proper
anchorage and in a safe condition.
6. Overhang
extensions, including, but not limited to, canopies, marquees, signs,
metal awnings, fire escapes, standpipes, and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be kept
in a sound condition.
F. Stairs
and Porches. Stair, porch, deck, balcony, and appurtenances / attachments
attached thereto, shall be constructed and maintained so as to be
safe to use and capable of supporting the loads to which they are
subjected and shall be kept in sound condition and good repair, including
replacement as necessary of flooring, treads, risers, and stringers
that evidence excessive wear and are broken, warped, or loose.
G. Handrails
and Guardrails. Handrail and guardrail shall be firmly fastened, and
shall be maintained in good condition, and capable of supporting the
loads to which they are subjected.
H. Windows.
Each window shall be substantially weather-tight, shall be kept in
sound condition and repair for its intended use, and shall comply
with the following:
1. Window
sash shall be fully supplied with glass window panes or an approved
substitute without open cracks and holes.
2. Window
sash shall be in good condition and fit weather-tight within its frames.
3. Window
frame shall be constructed and maintained in relation to the adjacent
wall construction so as to exclude rain as completely as possible
and to substantially exclude wind from entering the structure.
I. Doors.
Exterior doors, door assemblies, and hardware shall be maintained
in good condition, be weather-tight, and substantially exclude wind
and rain from entering the structure.
J. Hazardous
Materials.
1. Residential
property shall be free of dangerous levels of hazardous materials,
contamination by toxic chemicals, or other circumstances that would
render the property unsafe.
2. No
residential property shall be used as a place for the storage and
handling of highly combustible or explosive materials or any articles
which may be dangerous or detrimental to life or health. No residential
property shall be used for the storage or sale of paints, varnishes,
or oils used in the making of paints and varnishes, except as needed
to maintain the dwelling.
3. Residential
property shall be kept free of friable asbestos.
K. Exterior
Facilities and Equipment. In addition to other requirements for maintenance
described in this chapter, all exterior facilities and equipment,
such as heat pumps, generators, etc. shall comply with the following:
1. All
required facilities on the exterior of a structure shall be constructed
and maintained to properly and safely perform their intended function.
2. All
non-required facilities or equipment on the exterior of a structure
shall be maintained to prevent structural damage to the building,
or hazards of health, sanitation, or fire.
L. Exterior
Property. All properties, including vacant properties, shall comply
with the following:
1. Debris.
Property shall be kept free of debris, trash, building materials,
or the storage of other goods which are visible from the street or
adjacent properties. Debris shall include, but not be limited to:
tires, lumber, household appliances, inoperable, unregistered or excess
vehicles, furniture, sinks, toilets, cabinets, other household fixtures,
equipment, rubbish, garbage, debris, salvage materials, or parts thereof
which constitute a fire hazard and/or are stored or accumulated in
such a manner as to be visible from a public street, alley or adjoining
property;
2. Junk.
An owner or person in charge of junk shall comply with the following:
a. No person may keep junk outdoors on a street, lot, or other premises
or in a building that is not wholly or entirely enclosed except for
doors used for ingress and egress.
b. No person may park, store, or abandon junk, litter, or rubbish on
property owned by the City outside the City limits without the permission
of the City Manager.
c. This section does not apply to junk kept in a licensed junk yard
or automobile wrecking yard.
3. Weeds
and Noxious Vegetation. Weeds or other noxious vegetation shall be
cut down or destroyed, or otherwise prevented from becoming unsightly,
from becoming a fire hazard, or from maturing or going to seed.
4. Landscaping.
a. Landscaping improvements shall be maintained in a healthy condition,
trimmed and pruned to maintain adequate clearance over pedestrian
and vehicular areas.
b. Landscaping improvements designated on an approved landscape plan
shall be retained and maintained as denoted on the approved plan unless
otherwise approved by the City.
5. Walkways,
Parking Areas, and Walls.
a. Walls, driveways, walkways, parking areas, and retaining and/or decorative
walls shall be maintained in such condition as to not become so defective,
unsightly, or in such condition of deterioration or disrepair that
the same causes potential depreciation of the values of surrounding
property, or is materially detrimental to nearby properties and improvements.
b. Maintenance and/or construction of walls, driveways, walkways, parking
areas, and retaining and/or decorative walls located within the right-of-way
shall be the responsibility of the adjacent property owner unless
otherwise approved by a legally recorded easement or other legal document.
(Ord. 1229 § 2, 2019)
Whenever the Community Development Director, or such other City official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of this chapter, notice procedures established in Chapter
8.16 shall be followed.
(Ord. 1229 § 2, 2019)
In the event a person in charge shall fail, neglect, or refuse
to comply with the notice to correct a violation, the Community Development
Director may proceed with the abatement of the nuisance in accordance
with the requirements of this chapter, other methods of enforcement
available to the City, or may refer the violation to the City Attorney
for legal action, including the institution of a civil or criminal
court.
(Ord. 1229 § 2, 2019)