A.
Scope. The provisions of this chapter shall govern
the minimum conditions and the responsibilities of persons for maintenance
of structures, equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§ 186-18 and 186-19. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this chapter.
C.
Vacant structures and land. All vacant structures
and premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to
cause a blighting problem or adversely affect the public health or
safety.
General. The following words and terms shall,
for the purposes of this article and as stated elsewhere in this chapter,
have the meanings shown herein:
That portion of a building which is partly or completely
below grade.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, building, premises or structure by a person
who is or is not the legal owner of record thereof, pursuant to a
written or unwritten lease, agreement or license, or pursuant to a
recorded or unrecorded agreement of contract for the sale of land.
Any person living or sleeping in a building or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land including any structures thereof.
Includes any of the following:
The physical condition or occupancy of any premises
regarded as a public nuisance at common law;
Any physical condition or occupancy of any premises
or its appurtenances considered an attractive nuisance to children,
including, but not limited to, abandoned wells, shafts, basements,
excavations and unsafe fences or structures;
Any premises that has unsanitary sewerage or
plumbing facilities;
Any premises designated as unsafe for human
habitation;
Any premises that is manifestly capable of being
a fire hazard, or is manifestly unsafe or unsecured so as to endanger
life, limb or property;
Any premises from which the plumbing, heating
or facilities required by this chapter have been removed, or from
which utilities have been disconnected, destroyed, removed or rendered
ineffective, or on which the required precautions against trespassers
have not been provided;
Any premises that is unsanitary, or that is
littered with rubbish or garbage, or that has an uncontrolled growth
of weeds or dead or dying trees; or
[Amended 12-21-2009 by Ord. No. 15-2009]
Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter;
in danger of collapse or failure; and dangerous to anyone on or near
the premises.
Combustible and noncombustible waste materials, except garbage;
the term 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 and other similar
materials.
Any accessory building or structure that uses canvas, plastic,
or other pliable material as a roof, and is supported in any manner.
[Added 5-15-2018 by Ord. No. 10-2018]
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
A.
Sanitation. All exterior property and premises shall
be maintained in a clean, safe and sanitary condition and free of
public nuisance. The occupant shall keep that part of the exterior
property which such occupant occupies or controls in a clean and sanitary
condition and free of public nuisance.
[Amended 12-21-2009 by Ord. No. 15-2009]
B.
Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent the accumulation
of stagnant water thereon, or within any structure located thereon;
exception: water retention areas and reservoirs approved by the Code
Official.
D.
Weeds. All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 10 inches
(254 mm). All noxious weeds shall be prohibited. "Weeds" shall be
defined as all grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
E.
Rat harborage. All structures and exterior property
shall be kept free from rat infestation. Where rats are found, they
shall be promptly exterminated by approved processes which will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent infestation.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or adjacent
public or private property or that of another tenant.
G.
Accessory structures.
[Amended 5-15-2018 by Ord. No.
10-2018]
(1)
All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
(2)
All membrane structures shall be maintained in good repair. Membranes
or supports in disrepair (e.g., exhibiting rips, cuts, major patching/taping,
sagging) shall be removed, replaced, or adequately repaired.
H.
Motor vehicles.
(1)
Except as provided for in other regulations, not more
than one currently unregistered or uninspected motor vehicle shall
be parked, kept or stored on any premises, and no vehicle shall at
any time be in a state of major disassembly, disrepair or in the process
of being stripped or dismantled.
(2)
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
A.
General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
B.
Exterior painting. All wood and metal surfaces, including,
but not limited to, window frames, doors, door frames, cornices, porches
and trim, shall be maintained in good condition. Peeling, flaking
and chipped paint shall be eliminated and surfaces repainted.
C.
Street numbers. Each structure to which a street number
has been assigned shall have such number displayed in a position easily
observed and readable from the public right-of-way. All numbers shall
be in arabic numerals at least three inches (76 mm) high and one-half-inch
(13-mm) stroke.
D.
Structural members. All structural members shall be
maintained free from deterioration and shall be capable of safely
supporting the imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained
plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rats.
F.
Exterior walls. All exterior walls shall be free from
holes, breaks, loose or rotting materials, and maintained weatherproof
and properly surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be
sound, tight and not have defects that admit rain. Roof drainage shall
be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, beltcourses, corbels,
terra cotta trim, wall facings and similar decorative features shall
be maintained in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All canopies, marquees, signs,
metal awnings, fire escapes, standpipes, exhaust ducts and similar
overhang extensions shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 186-40I.
K.
Stairways, decks, porches and balconies. Every exterior
stairway, deck, porch and balcony, and all appurtenances attached
thereto, shall be maintained structurally sound, in good repair, with
proper anchorage and capable of supporting the imposed loads.
L.
Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained structurally
safe and sound and in good repair. All exposed surfaces of metal or
wood shall be protected from the elements and against decay or rust
by periodic application of weather-coating materials, such as paint
or similar surface treatment.
M.
Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally imposed loads
and shall be maintained in good condition.
N.
Window and door frames. Every window, door and frame
shall be kept in sound condition, good repair and weathertight.
O.
Insect screens.
(1)
During the period from May 1 to October 1, every door,
window and other outside opening utilized or required for ventilation
purposes serving any structure containing habitable rooms, food preparation
areas, food service areas, or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch, and every swinging door
shall have a self-closing device in good working condition.
(2)
Exception: Screen doors shall not be required where
other approved means, such as air curtains or insect-repellent fans,
are employed.
P.
Doors. All exterior doors and hardware shall be maintained
in good condition. Locks at all entrances to dwelling units, rooming
units and guest rooms shall tightly secure the door.
Q.
Basement hatchways. Every basement hatchway shall
be maintained to prevent the entrance of rats, rain and surface drainage
water.
R.
Guards for basement windows. Every basement window
that is openable shall be supplied with ratproof shields, storm windows
or other approved protection against the entry of rats.
A.
General. The interior of a structure and equipment
therein shall be maintained in good repair, structurally sound and
in a sanitary condition. Every occupant shall keep that part of the
structure which such occupant occupies or controls in a clean and
sanitary condition. Every owner of a structure containing a rooming
house, a hotel or a dormitory, two or more dwelling units or two or
more nonresidential occupancies shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior
property.
B.
Structural members. All structural members shall be
maintained structurally sound and be capable of supporting the imposed
loads.
C.
Interior surfaces. All interior surfaces, including
windows and doors, shall be maintained in good, clean and sanitary
condition. Peeling paint, cracked or loose plaster, decayed wood,
and other defective surface conditions shall be corrected.
D.
Lead-based paint. Interior and exterior painted surfaces
of dwellings and child- and day-care facilities, including fences
and outbuildings, which contain lead levels equal to or greater than
1.0 milligram per square centimeter or in excess of 0.50% lead by
weight shall be maintained in a condition free from peeling, chipping
and flaking paint or removed or covered in any approved manner. Any
surface to be covered shall first be identified by approved warnings
as to the lead content of such surface.
E.
Stairs and railings. All interior stairs and railings
shall be maintained in sound condition and good repair.
F.
Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 186-40I.
G.
Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally imposed loads
and shall be maintained in good condition.
A.
Accumulation of rubbish or garbage. All exterior property
and premises, and the interior of every structure, shall be free from
any accumulation of rubbish or garbage.
B.
Disposal of rubbish.
(1)
Every occupant of a structure shall dispose of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
(2)
Rubbish storage facilities. The owner of every occupied
premises shall supply approved covered containers for rubbish, and
the owner of the premises shall be responsible for the removal of
rubbish.
C.
Disposal of garbage.
(1)
Every occupant of a structure shall dispose of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
(2)
Containers. The operator of every establishment producing
garbage shall provide, and at all times cause to be utilized, approved
leakproof containers provided with close-fitting covers for the storage
of such materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from
insect and rat infestation. All structures in which insects or rats
are found shall be promptly exterminated by approved processes that
will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent infestation.
B.
Owner. The owner of any structure shall be responsible
for extermination within the structure prior to renting or leasing
the structure.
C.
Single occupant. The occupant of a one-family dwelling
or of a single-tenant nonresidential structure shall be responsible
for extermination of the premises.
D.
Multiple occupancy. The owner of a structure containing
two or more dwelling units, a multiple occupancy, a rooming house
or a nonresidential structure shall be responsible for extermination
in the public or shared areas of the structure and exterior property.
If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupant shall be responsible
for extermination.
E.
Occupant.
(1)
The occupant of any structure shall be responsible
for the continued rat-free condition of the structure, and if the
occupant fails to maintain the rat-free condition, the cost of extermination
shall be the responsibility of the occupant.
(2)
Exception: Where rat infestations are caused by defects
in the structure, the owner shall be responsible for extermination.