This chapter shall be known as the "Minimum
Housing and Property Maintenance Code" and is herein referred to as
the Housing and Property Maintenance Code.
The purpose of this chapter is to protect the
health, safety, and welfare insofar as they are affected by the continued
occupancy and maintenance of property, structures, and premises.
A.
Existing property, structures, and premises that do
not comply with these provisions shall be altered or repaired to provide
a minimum level of health and safety as required herein.
B.
Travel trailers and mobile homes. All movable units
used for human habitation and the areas, grounds, or parcels on which
they are located shall comply with the requirements of this chapter.
A.
The provisions of this chapter shall apply to all
existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of owners, operators, and occupants; the occupancy
of existing structures and premises, and for the administration, enforcement,
and penalties.
B.
Where, in a specific case, different sections of this
code specify different requirements, the most restrictive shall govern.
Every portion of a building or premises for
all existing residential or nonresidential structures shall comply
with provisions of this chapter, irrespective of when such building
shall have been constructed, altered, or repaired, except as hereinafter
provided.
A.
Application of building code. Any alterations to buildings
or changes of use therein, which may be caused directly or indirectly
by enforcement of this chapter, shall be done in accordance with applicable
sections of the building code of the City of New Castle and such codes
as may be applicable.
B.
Application of Zoning Law. 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 continuation
of such nonconforming use in any zone except as provided therein.
C.
Conflict with ordinances. In any case where a provision
of this chapter is found in conflict with a provision of any zoning,
building, fire, safety, or health ordinance or code of this City existing
on the effective date of this chapter or any amendment to this chapter
or any other ordinance of the City, 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
ordinance or code of the City of New Castle 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.
D.
Existing buildings. This chapter establishes requirements
for the initial and continued occupancy of all buildings used for
human habitation 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 section.
E.
Existing remedies. Nothing in this chapter shall be
deemed to abolish or impair existing remedies of the City of New Castle
or its officers or agencies relating to the removal or demolition
of any buildings which are deemed to be dangerous, unsafe or unsanitary.
