[HISTORY: Adopted by the Council of the Town
of Mount Airy 1-13-1963.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 47.
Numbering of buildings — See Ch. 49.
Fire prevention — See Ch. 60.
Garbage, trash and litter — See Ch. 64.
Nuisances — See Ch. 76.
[1]
Editor's Note: The provisions of this chapter
are derived from Art. II, Secs. 2-1 through 2-2, Secs. 2-6 through
2-26 and 2-28, of the former codification, adopted 1-13-1963.
[Amended 10-7-2013 by Ord. No. 2013-13]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any dwelling, garage, or outbuilding, or any factory, shop,
store, office building, warehouse, or any other structure or part
of a structure, to include private driveways and parking lots thereto,
which:
[Amended 3-7-2016 by Ord.
No. 2016-3]
Because of fire, wind, other natural disaster, vandalism or
physical deterioration is no longer habitable as a dwelling, is no
longer useful for the purpose for which it was originally intended,
or, as respects private driveways and parking lots, has been allowed
to deteriorate to the point where deep and numerous potholes, cracks
and voids in paving have developed which pose a risk of injury or
of property damage and to the point that commercial business operating
in such structures or on surrounding properties has been or is likely
to be adversely affected; or
Is partially completed and which is not presently being constructed
under an existing, valid building permit issued by or under the authority
of the Town of Mount Airy; or
Is not structurally sound, weathertight, waterproof or verminproof;
or
Is not covered by a water-resistant paint or other waterproof
covering so as to protect said structure from the adverse effects
of the elements or from physical deterioration; or
Contains one or more exterior openings for a period of 60 days
or more not covered by a functional door or unbroken glazed window
or which is not in the case of a vacant building neatly boarded up
and protected against the elements and from vandals and rodents and
other animals.
Any lumber, bricks, concrete, cinder blocks, plumbing materials,
electrical wiring or equipment, heating ducts or equipment, shingles,
mortar, cement, nails, screws, or other material commonly used in
the construction or repair of any buildings or structures.
Any house or building or portion thereof which is occupied
in whole or in part as a home, residence or sleeping place of one
or more human beings, either permanently or transiently.
A room or group of rooms intended to be occupied by one family
or household as their home and where they sleep.
A room which is designed or may be used for living, sleeping, eating or cooking. Storerooms, bathrooms, toilets, closets, halls or spaces in attics or basements are not habitable rooms except as permitted in § 85-15, entitled "Basement dwelling units."
Any abandoned, discarded, unusable, or unused objects or
equipment, including, but not limited to, furniture, stoves, refrigerators,
freezers, cans, implements, parts of motor vehicles, machinery, cloth,
rubber, bottles, any metals, boxes, cartons, or crates.
Any building which is unoccupied and which is not securely
locked, with the windows glazed or neatly boarded up and protected
against the elements and from vandals and rodents and other animals.
[Amended 7-1-1991 by Ord. No. 1991-9]
There may annually be appointed by the Mayor
a Health Officer who shall enforce the provisions of the health ordinances
of the Town and who shall possess such powers and perform duties as
shall be prescribed by ordinance. If no such appointment is made,
the Mayor shall act as the Health Officer.
The purpose of this chapter is to require that
dwellings be kept clean and free from dirt, filth, rubbish, garbage
and similar matter, that they be kept free from vermin and rodent
infestation and be kept in such repair as to be fit for human habitation,
and to provide for the removal of snow on sidewalks by the owners
or occupants of abutting property and to provide for the control of
weeds on vacant lots or other properties within the Town and to authorize
the Health Officer to issue orders compelling compliance with the
provisions hereof and to correct such conditions at the expense of
the property occupants or owners or owners of properties upon which
violations occur.
[Amended 10-1-1990 by Ord. No. 1990-9; 7-1-1991 by Ord. No. 1991-9; 10-7-2002 by Ord. No. 2002-23; 10-7-2013 by Ord. No. 2013-13]
A.
Every
dwelling within the Town, including unoccupied dwellings in residential
districts, every commercial or industrial structure, whether occupied
or unoccupied, and every part thereof shall be kept so clean and free
from any accumulation of dirt, filth, rubbish, garbage or similar
matter as not to be a danger to the health of any occupant or other
person and shall be kept free from vermin and rodent infestation.
All yards, lawns and vacant lots shall be similarly kept clean and
free from weeds, grass or plants (other than trees, bushes, flowers
or other ornamental plants) exceeding 12 inches in height. It shall
be the duty of each occupant or owner of a dwelling unit or commercial
or industrial structure to keep in a clean condition that portion
of the property which he occupies or over which he has exclusive control.
B.
Except
as may otherwise be permitted by the holding of a specific business
license or by other Town ordinance, no person or entity shall:
(1)
Store, accumulate, or permit the storage or accumulation of junk
on premises owned, leased, rented, or occupied by such person or entity;
(2)
Store, accumulate, or permit the storage or accumulation of any building
materials on property owned, leased, rented, or occupied by such person
or entity for any period longer than reasonably necessary for the
immediate use of such materials, but in no event longer than 60 days;
(3)
Maintain or permit the maintenance or existence of any vacant building
on property owned, leased, rented, or occupied by such person or entity;
or
(4)
Maintain or permit the maintenance or existence of any blighted structure
on property owned, leased, rented, or occupied by such person or entity.
C.
If the occupant or owner shall fail to keep his portion of the property in accordance with this section, in addition to other remedies available under this chapter, the Town Code and other applicable law, the Health Officer may send a written notice to such occupant or owner requesting him to remedy said condition within the time specified in said notice, said time not to be less than 10 days. Failure of such occupant or owner to comply with such notice within such time shall be deemed a violation of this chapter. Notice to any owner shall be sufficient if mailed to the owner at the address appearing on the tax records. If not complied with within 10 days of the date of the mailing, or such greater time specified in any written notice as prescribed above, the Town may enter upon the property and may remove any dirt, filth, rubbish, garbage or similar matter, or rodent or vermin infestation, trim, cut or remove any weeds, grass or plants in excess of 12 inches in height, remedy and abate any condition specified in Subsection B above, or take any other action in order to bring the property into compliance with the Town Code and/or remove any danger to health. The owner shall then be responsible to reimburse the Town the reasonable cost of such actions, with a minimum charge of $250 for each separate lot. Such charges shall constitute a lien on the property to be collected in the same manner as Town taxes are collected.
[Added 6-7-2004 by Ord. No. 2004-3]
Owners and occupants of premises fronting upon
any street with paved sidewalks shall remove snow and ice from the
traveled portions of the sidewalk to a width of at least 30 inches
within 24 hours after any precipitation event producing such snow
or ice shall end. For purposes of this section, the term "sidewalk"
shall refer to that paved portion of a street between the curbline,
or the lateral lines of a roadway where there is no curb, and the
adjacent property line, intended for the use of pedestrians. Violations
of this section shall be deemed a municipal infraction punishable
by a fine of $25 for the first offense and $50 for each subsequent
offense. Each day on which the sidewalk shall not be cleared as required
shall constitute a separate municipal infraction.
[Amended 3-4-2019 by Ord. No.
2019-1]
It shall be unlawful for any person to place, cast, blow, track,
deposit or throw any ashes, filth or rubbish of any description, including
any grass clippings or other yard waste, on any of the sidewalks,
streets, lanes or alleys of Mount Airy, provided that ashes or rubbish
may be deposited in such streets, lanes or alleys to be hauled away
within four hours.
Every dwelling and every part thereof shall
be maintained in such good repair by the owner or agent as to be fit
for human habitation.
A.
Whenever any dwelling or any building, structure,
excavation, matter, condition or thing in or about a dwelling or the
lot on which it is situated, or the plumbing, sewerage, drainage,
light or ventilation thereof, is found by the Health Officer to be
dangerous or detrimental to life or health, the Mayor and Council
may order that matter, condition or thing be removed, abated, suspended,
altered or otherwise improved, as the order shall specify. If any
such order of the Mayor and Council issued under the authority of
the provisions of this section is not complied with within 15 days
after the service thereof, then such order may be executed by Town
of Mount Airy through its officers, agents, employees or contractors,
and the expense incurred incident to the execution of said order shall
be paid by the owner of said property, and such expense may be recovered
by the Town by appropriate legal action or the Health Officer may
order such premises vacated until such premises shall be made to comply
with the conditions of this chapter. Before proceeding to execute
such order, a copy of such notice shall be sent to the owner of the
property, or his agent, if names and addresses on diligent search
can be ascertained, and such notice shall be posted on said premises
at least three days before the Town proceeds to incur such expenses,
unless the condition is of such character as to require immediate
action, in which case the time of the notice shall be such as, in
the judgment of the Health Officer, is reasonable and proper.
[Amended 12-2-1985 by Ord. No. 144]
B.
Whenever it shall be found by the Health Officer that
a dwelling is unfit for human habitation, or dangerous to life or
health by reason of want of repair, of defects in the drainage, plumbing,
lighting, ventilation or the construction of the same, or by reason
of the existence on the premises of any condition likely to cause
sickness of injury among the occupants of said dwelling, or for any
other causes affecting the public health, the Mayor and Council may
issue an order requiring such dwelling to be vacated after the expiration
of 15 days from the date that said order was served on the owner or
occupant and he has been given an opportunity to be heard. A copy
of such order shall be sent to the owner of the property, or his agent,
if names and addresses, on diligent search, can be ascertained. The
dwelling so ordered to be vacated shall not again be occupied until
a written statement shall have been secured from the Health Officer
showing that the dwelling has been made to comply with this chapter
or any other existing law and has been made fit for occupancy.
[Added 10-5-2009 by Ord. No. 2009-8]
A.
Whenever
any property, dwelling or building within the limits of the Town is
determined by the Mayor, his designated Health Officer or other staff
of the Town to be vacant and in a state of disrepair due to break-in,
unauthorized entry, damage, fire or vandalism so as to render the
property, dwelling or building susceptible to future break-in, unauthorized
entry and/or to vandalism, the Mayor, his designated Health Officer
or other staff of the Town are hereby empowered to issue an order
that the property owner secure the property to prevent future break-in,
unauthorized entry and/or vandalism, to include repair or replacement
of broken windows, broken doors and broken locks, and/or the securing,
boarding up or closing off of openings or potential points of entry
to the property, dwelling or building. The order shall be served upon
the property owner either by hand delivery or by certified mail, return
receipt requested, and shall specify the actions that the Town directs
the property owner to take in order to secure the property, dwelling
or building.
B.
If a property owner does not comply with an order issued pursuant to Subsection A above within 15 days of service of the order, the Mayor, his designated Health Officer, other staff of the Town, or any contractor hired by the Town for the purpose of carrying out this subsection may enter upon or into the property, dwelling or building to carry out the actions that the property owner was directed to take in the order issued pursuant to Subsection A above. The property owner shall pay to the Town the reasonable cost of securing the property, dwelling or building pursuant to this Subsection B, with a minimum charge of $250. Such charges shall constitute a lien on the property to be collected in the same manner as Town taxes are collected.
C.
Nothing
in this section shall be construed to waive or otherwise impair the
rights or remedies that the Town may have under other provisions of
the Town Code or under other applicable law.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Town as executor, administrator, trustee, guardian or agent, such
person shall be deemed and taken to be the owner or owners of such
property within the intent and meaning of this chapter, and shall
be bound to comply with the provisions of this chapter to the same
extent as the owner, and notice to any such person of any order or
decision of the Mayor and Council shall be deemed and taken to be
a good and sufficient notice as if such person or persons were actually
the owner or owners of such property.
The Mayor and Council are hereby authorized
and empowered to make and adopt such rules and regulations as they
may deem proper and necessary for the enforcement of this chapter
for the better production of the health of the Town under authority
granted by this chapter.
The basement or cellar of any dwelling shall
be dry and ventilated and shall be kept free from rubbish accumulation
and rodent infestation.
Every dwelling and every dwelling unit shall
be weatherproof and capable of being adequately heated, and the heating
equipment in every building or dwelling unit shall be maintained in
good order and repair.
The floor and walls of every dwelling and every
dwelling unit shall be kept free from dampness.
Every habitable room in a dwelling or dwelling
unit shall contain a window or windows, opening directly to the outside
air, and the total area of such window and windows shall not be less
than 10% of the floor area of such room. All window sashes shall be
glazed and provided with suitable hardware and shall be made to open
to the extent of not less than 5% of the floor area of such room.
No room in any basement or cellar shall be occupied
as a habitable room unless:
A.
The clear inner height is at least seven feet six
inches; and
B.
The uppermost three feet of the required clear inner
height is above the average outside ground level; and
C.
The floor and walls are water- and damp-proof in accordance
with an approved method if in contact with earth. Such waterproofing
shall be between the floor or wall finish and the ground.
No room shall be used for sleeping purposes
unless there are at least 400 cubic feet of air space and 50 square
feet of floor space for each adult and at least 200 cubic feet of
air space and 30 square feet of floor space for each child under the
age of 12 years occupying such room. No room used for sleeping purposes
shall have a floor area of less than 60 square feet.
The occupancy of any dwelling unit having more
than one habitable room shall not exceed an average of 1 1/2
persons per habitable room. For the purpose of this regulation any
child under one year of age shall be deemed to be 1/2 person.
In every dwelling unit containing two or more
rooms there shall be running water and at least one sink connected
to an approved sewage disposal system.
Where more than two persons occupy any dwelling
unit, food shall not be prepared or cooked in any room used for sleeping
purposes.
There shall be at least one water closet for
each 10 persons or fraction thereof occupying a dwelling, which water
closet shall be within and accessible from within the building. The
use of antifreeze toilets that have cross connections between water
supply and sewer is expressly prohibited.
All plumbing, water closets and other plumbing
fixtures in every dwelling or dwelling unit shall be maintained in
good order and repair.
Every toilet and every bathroom in a dwelling
shall be provided with adequate light and ventilation; four square
feet of free air space or its equal in forced ventilation.
[Amended 12-2-1985 by Ord. No. 144]
Every dwelling and every dwelling unit shall
be provided with such receptacles to contain all garbage, rubbish
and ashes as may be necessary, and all such receptacles shall be at
all times maintained in good order and repair.
There shall be for each dwelling unit a separate
access either to a hallway, landing, stairway or street.
All courts, yards or other areas on the premises
of every dwelling shall be properly graded and drained.
[Amended 12-2-1985 by Ord. No. 144]
The aforegoing contain minimum requirements
for the protection of health and are in addition and supplementary
to any other ordinances, laws, rules and regulations, and nothing
therein shall be construed to affect in any manner any of the powers
and duties of the State Board of Health, or County Board of Health,
or any Public General or Public Local Law relating to the subject
of health.
[Added 12-2-1985 by Ord. No. 144]
Violation of any of the provisions of this chapter
is hereby declared to be a municipal infraction.
