This chapter shall be known as the "Minimum
Properties Standards Code for All Structures and Properties" and is
herein referred to as the "Housing-Property Maintenance Code" or "this
code."
The purpose of this chapter is to protect the
public health, safety and welfare in buildings and on the premises
as hereinafter provided by:
A.
Establishing minimum standards for basic equipment
and facilities for light, ventilation, space heating and sanitation;
for safety from fire; for space, use and location; for safe and sanitary
maintenance; and for cooking equipment in all structures now in existence.
B.
Fixing the responsibilities of owners, operators and
occupants of all structures.
C.
Providing for administration, enforcement and penalties.
The provisions of this chapter shall apply to all structures and premises which are now or may become in the future substandard with respect to structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, overcrowding or other conditions which may be deemed to constitute a menace to the safety, health or welfare of their occupants except as provided in § 271-8. The existence of such conditions, factors or characteristics adversely affects public safety, health and welfare and leads to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum standards.
Every portion of a building or premises used
or intended to be used shall comply with the provisions of this chapter,
irrespective of when such building shall have been constructed, altered
or repaired, except as hereinafter provided.
Any alterations to buildings or changes of use
therein which may be caused directly or indirectly by the enforcement
of this chapter shall be done in accordance with applicable sections
of the uniform construction codes.
Nothing in this chapter shall permit the establishment
or conversion of a multifamily dwelling in any zone except where permitted
by the zoning law, nor the continuation of such nonconforming use
in any zone except as provided therein.
Except as provided in § 271-8, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this municipality existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this municipality existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
This chapter establishes minimum requirements
for the initial and continued occupancy of all buildings and structures
and does not replace or modify requirements otherwise established
for the construction, repair, alteration or use of buildings, equipment
or facilities except as provided in this chapter.
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any buildings which
are deemed to be dangerous, unsafe or unsanitary.
It shall be the duty and responsibility of the
Coordinator of Community Improvements to enforce the provisions of
this chapter as herein provided.
Inspection of premises and the issuing of orders
in connection therewith under the provisions of this chapter shall
be the exclusive responsibility of the Department of Community Improvements,
Housing Bureau. Wherever, in the opinion of the Building Official,
it is necessary or desirable to have inspections of any condition
by any other department, he shall arrange for this to be done in such
manner that the owners or occupants of buildings shall not be subjected
to visits by numerous inspectors nor to multiple or conflicting orders.
No order for correction of any violation under this chapter shall
be issued without the approval of the Building Official; and it shall
be the responsibility of that official before issuing any such order
to determine that it has the concurrence of any other department or
official of the government concerned with any matter involved in the
case in question.
Except as may otherwise be provided by the statute
or local law or ordinance, no officer, agent or employee of the municipality
charged with the enforcement of this chapter shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. No person who institutes or assists in
the prosecution of a criminal proceeding under this chapter shall
be liable to damages hereunder unbelieving that the person accused
or prosecuted was guilty of any unlawful act or omission. Any suit
brought against any officer, agent or employee of the municipality,
as a result of any act required or permitted in the discharge of his
duties under this chapter, shall be defended by the legal representative
of the municipality until the final determination of the proceedings
therein.
A.
The Building Official shall make or cause to be made
inspections to determine the conditions of all structures and premises
in order to safeguard the safety, health and welfare of the public
under the provisions of this chapter. The Building Official is authorized
to enter any structure or premises at any reasonable time for the
purpose of performing his duties under this chapter. The owner, occupant
or operator of every structure or premises or the person in charge
thereof shall give the Building Official free access thereto and to
all parts thereof and to the premises on which it is located at all
reasonable times for the purpose of such inspection, examination and
survey.
B.
It shall be unlawful for any person to refuse entrance
to or to impede an inspector or officer authorized under this chapter
in the performance of his duties, and every such inspector or officer
shall have the right to enter, examine and survey all premises, grounds
and structures and every part thereof at all reasonable times upon
display of proper identification.
C.
If any owner, occupant or other person in charge of
a structure subject to the provisions of this chapter refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to every part of the structure or premises where inspection authorized
by this chapter is sought, the administrative authority may seek,
in a court of competent jurisdiction, an order that such owner, occupant
or other person in charge cease and desist with such interference.
Every occupant of a structure or premises shall
give the owner or operator thereof or his agent or employee access
to any part of such structure or its premises at reasonable times
for the purpose of making such inspection, maintenance, repairs or
alterations as are necessary to comply with the provisions of this
chapter.
Notice of violation shall be served upon the
owner of record, provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to him personally
or, if not found, by leaving a copy thereof at his usual place of
abode with a person of suitable age and discretion who shall be informed
of the contents thereof or by sending a copy thereof by mail to his
last known address or, if the letter with the copy is returned showing
it has not been delivered to him, by posting a copy thereof in a conspicuous
place in or about the structure affected by the notice.
Whenever the Building Official determines that
there has been or is a violation or that there are reasonable grounds
to believe that there has been or is a violation of any provision
of this chapter, he shall give notice of such violation or alleged
violation to the person or persons responsible therefor. Such notice
shall:
In case any violation order is not promptly
complied with, the Building Official may request the legal representative
to institute an appropriate action or proceeding at law or in equity
against the person responsible for the violation, ordering him:
A.
To restrain, correct or remove the violation or refrain
from any further execution of work;
B.
To restrain or correct the erection, installation
or alteration of such building;
C.
To require the removal of work in violation;
D.
To prevent the occupation or use of the building,
structure or part thereof erected, constructed, installed or altered
in violation of or not in compliance with the provisions of this chapter
or in violation of a plan or specification under which an approval,
permit or certificate was issued; or
E.
To enforce the penalty provisions of this chapter.
Any person, firm or corporation who or which
shall violate any provisions of this chapter shall, upon conviction
thereof, be subject to a fine not to exceed $1,000, imprisonment for
a term not to exceed 90 days or a period of community service for
not more than 90 days, or any combination thereof, at the discretion
of the court. Every day that a violation continues after due notice
has been served, in accordance with the terms and provisions hereof,
shall be deemed a separate offense.
A.
Any owner or person who is aggrieved with the ruling
or decision of the enforcing officer in any matter relative to the
interpretation or enforcement of any of the provisions of this chapter
may appeal the decision or interpretation.
B.
This appeal must be filed with the appropriate authority,
in writing, within 10 days of the date of the rendition of the decision
or interpretation.
C.
The appropriate authority shall be the construction
official or his designee.
This chapter shall not affect violations of
any other ordinance, code or regulation of the municipality existing
prior to the effective date hereof, and any such violation shall be
governed and shall continue to be punishable to the full extent of
the law under the provisions of those ordinances, codes or regulations
in effect at the time the violation was committed.
