This article shall be known and may be cited as the “minimum housing code” and will be referred to herein as this article.
(Ord. 700, Art. 1; Code 2007)
The purpose of this article is to protect, preserve and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all buildings now in existence or hereafter constructed and which legislation:
(a) Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy, and for safe and sanitary maintenance;
(b) Determines the responsibilities of owners, operators and occupants of dwellings; and
(c) Provides for the administration and enforcement thereof.
(Ord. 700, Art. 1; Code 2007)
Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living in separate apartments shall conform to the requirements of this article.
Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the building code for new buildings and structures.
(Ord. 700, Art. 1; Code 2007)
The following definitions shall apply to the enforcement of this article:
(a) Basement. - That portion of a dwelling between floor and ceiling, which is partly below, and partly above grade.
(b) Dwelling. - Any building. which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, that temporary housing as defined in this section shall not be regarded as a dwelling, except mobile homes/manufactured homes.
(c) Dwelling Unit. - Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities, which are used, or intended to be used, for living, sleeping, cooking and eating.
(d) Extermination. - The control and extermination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.
(e) Garbage. - Any accumulation of animal, fruit or vegetable waste matter that attends the preparation, use, cooking, delivering or storage of meats, fish, fowl, fruits or vegetables.
(f) Habitable Dwelling. - Any structure or part thereof that shall be used as a home or place of abode by one or more persons.
(g) Habitable Room. - A room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls, storage places, basement rooms used for recreational purposes only, or other similar places, not used by persons for extended periods.
(h) Infestation. - The presence within or around a dwelling of any insects, rodents or other pests.
(i) Multiple Dwelling. - Any dwelling containing three or more dwelling units. “Occupant” means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
(j) Operator. - Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
(k) Owner. - Any person, firm or corporation who, jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any dwelling unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this article and shall be found to comply with the provisions to the same extent as the record owner and notice to any person shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the record owner or owners of such property.
(l) Plumbing. - Includes all of the following supplied facilities and equipment: gas or fuel pipes, gas or fuel burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer, gas or fuel lines.
(m) Premises. - A lot, plot or parcel of land including the dwellings and structures located thereon.
(n) Refuse. - Includes garbage and trash.
(o) Rooming House. - Any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
(p) Rooming Unit. - Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
(q) Temporary Housing. - Housing which is to be used as such for a limited time only, as distinguished from that which is indefinite in its duration.
Meaning of certain words. Whenever the words dwelling, dwelling unit, rooming house, rooming unit and premises are used in this article, they shall be construed as though they were followed by the words or any part thereof.
(Ord. 700, Art. 1; Code 2007)
All references to persons, owners and occupants in this article shall mean to include both genders, and their use shall be considered synonymous with the terms he and she.
(Ord. 700, Art. 1; Code 2007)
In any case where a provision of this article is found to be in conflict with any existing code, ordinance or regulation of the city, at least the minimum standards set out in this article shall prevail.
(Ord. 700, Art. 1; Code 2007)
(a) The administration of this article shall be the responsibility of the building official designated by the governing body. Such building official shall work in close cooperation with the fire chief, county health department and other officials and agencies. He or she may seek their written opinions concerning the conditions of dwellings or other buildings. The building official and his or her assistants shall be free from personal liability for acts done in good faith in the performance of official duties. The building official or any one of his or her assistants shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building in relation to this article, except where he or she is the owner, and shall not act as the agent for real estate sales, leases or rentals.
(b) Powers and Duties.
(1) The building official is authorized to conduct surveys and make inspections in any area of the community to determine compliance with this article or other ordinance, which he or she is empowered to enforce.
The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
(2) The building official shall investigate all complaints whether they be verbal, written or in the form of a petition alleging or charging that a violation of this code exists or that a building or dwelling is unfit or unsafe for human habitation or other occupancy.
(3) For the purpose of making such surveys, inspections and investigations, the building official is authorized, upon identification and statement of purpose and with the consent of the occupant, to enter, inspect, survey and investigate preferably between the hours of 8:00 a.m. and 5:00 p.m. or any other reasonable time, or at any time if an emergency exists or if requested by the owner or occupant, all buildings, dwellings, dwelling units, rooming units and general premises. The owner or occupant of every building, dwelling, dwelling unit, rooming unit and general premises, or the person in charge thereof, may upon appointment, give the building official free access to such building, dwelling, dwelling unit, rooming unit or general premises for the purpose of such inspection, survey or investigation. Should the building official be refused entry under any of the provisions hereof, he or she shall obtain a search warrant therefore under applicable Kansas Statutes.
(c) Records and Reports. The building official shall keep records of all complaints received, inspection reports, orders and complaints issued, hearings held and other actions taken. The records shall be available for public inspection. He or she shall prepare an annual report including statistics based on the records kept.
(Ord. 700, Art. 2; Code 2007)
The city attorney shall upon complaint of the building official, or upon his or her own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove such violations and to take such other legal action as is necessary to carry out the terms and provisions of this article. The remedies provided for in this article shall be accumulative and not exclusive and shall be in addition to any other remedies provided by law; any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as the waiver of the right to pursue any and all of the others.
(Ord. 700, Art. 2; Code 2007)
Where the water, gas or electrical services have been discontinued to any dwelling unit, dwelling or building, against which a complaint has been lodged, such utility services shall not be restored, nor occupancy of the premises permitted, until the dwelling unit, dwelling or building has been inspected and approved for occupancy by the building official. The inspection shall be completed within two working days after notice of compliance to the building official.
(Ord. 700, Art. 2; Code 2007)
Rules and regulations pertaining to unfit or unsafe conditions shall be as follows:
(a) Complaint Notice and Hearing.
(1) Whenever a petition is filed with the building official by residents of at least five different households within a 1,000 foot radius, charging that any structure is unfit or unsafe for human use or habitation or whenever the building official on his or her own motion determines by preliminary investigation that a basis for such charge exists, he or she shall issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such structure, including persons in possession, a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the building official at a place therein stated, not less than 10 days nor more than 30 days after the serving of the complaint. The owner, mortgagee and parties in interest shall have the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and that rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.
(2) If after such notice and hearing the building official determines that the structure under consideration is unfit for human habitation or is dangerous and unsafe, he or she shall state in writing, including the provisions for appeal therefrom, his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, an order that the owner of the property shall within the time specified in the order, repair, alter or improve such structure to render it fit or safe for human use or habitation or shall vacate and close the structure until conformance with this article is made.
(3) If the owner fails to comply with the order to repair, alter or improve or to vacate and close the structure within 30 days from the date fixed by the building official, the building official may cause such structure to be vacated and closed.
(4) If the owner fails to comply with the order to repair, alter or improve the structure within 30 days from the time allowed by the building official, and the cost of repairs, alterations or improvements exceed 50% of the value of the structure, the building official shall order the owner to remove or demolish the structure.
(5) If the owner fails to comply with an order to remove or demolish the structure within 30 days from the date of such order, the building official may cause the structure to be removed or demolished.
(6) All costs incurred by the city in the razing and removal of such structure and the making of the premises safe and secure shall be paid from moneys received from the sale of salvage therefrom and all moneys in excess of that necessary to pay such costs shall, after the payment of all costs, be paid to the owner of the premises upon which the structure was located; provided, that if there is no salvageable material or if moneys received from the sale of salvage is insufficient to pay the cost of such work, such costs or any portion thereof in excess of the amount received from the sale of salvage shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and may be financed until the assessment is paid, and the city clerk shall at the time of certifying other city taxes, certify the unpaid portion of said costs and the county clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.
(b) Service of Complaint or Order. Complaints or orders issued by the building official pursuant to this article shall be served upon persons either personally or by registered or certified mail, but if-the whereabouts of such persons is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence and the building official shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be made by publishing the same once each week for two consecutive weeks in the official newspaper of the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the register of deeds of Butler County, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law; that the building official shall have the authority to release the complaint of record upon compliance with the order.
(Ord. 700, Art. 2; Code 2007)
Notice to vacate a building and condition for reoccupancy shall be as follows:
(a) Placarding. The building official may cause to be placed on the main entrance of a building, a placard with the following words: ‘‘This building is unfit for human habitation or other use; the use or occupation of this building for human habitation or other use after (date) is unlawful and is prohibited” whenever the building official has: (1) issued an order, following the hearing as provided in this article, finding such building to be unfit or unsafe for human habitation or (2) issued his or her order finding the building to be unfit or unsafe for human habitation upon an emergency existing by reason of casualty, damage or loss to the building; provided, that the building official shall immediately serve a complaint and notice upon the appropriate person as provided in Section 4-710 of this article.
(b) Removal. No person shall remove, deface or damage the placard or other notice required hereunder from any dwelling, dwelling unit, rooming house, rooming unit or building. The building official shall cause the placard to be removed whenever the defects upon which the placarding actions were based have been corrected or removed.
(c) Order to Vacate. Any dwelling, dwelling unit, rooming house, rooming unit or building determined to be unfit or unsafe for human habitation by the order of the building official and so designated and placarded by the building official, shall be vacated within a reasonable time as ordered by such official.
(d) Compliance Required Before Reoccupancy. No dwelling, dwelling unit, rooming house, rooming unit or building which has been found and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the building official. The building official shall remove such placard whenever the defect or defects upon which the placarding actions were based have been eliminated. It is unlawful for anyone to let, lease, occupy or permit the occupancy whether for a consideration or not, of any dwelling, dwelling unit, rooming house, rooming unit or building so posted and any violation of this provision shall constitute a misdemeanor within the meaning of this article.
(e) Right of Appeal. Any person affected by an order or notice relating to the condemning and placarding of any dwelling, dwelling unit, rooming house, rooming unit or building as unfit for human habitation may request and shall be granted a hearing on the matter before the housing board of appeals under the procedure set forth in Section 4-712 of this article. The appeal shall stay the placarding and order the building official pending final hearing of the appeal board.
(Ord. 700, Art. 2; Code 2007)
A board of building and housing appeals shall be created for the city as follows:
(a) General.
(1) There is created a board of building and housing appeals consisting of five members being the governing body of the city.
(2) Three members of the board shall constitute a quorum. All matters heard before the appeal board shall be in the form of a new hearing. No board member shall act in any case in which he has a personal interest. ‘
(3) The board shall establish rules and regulations for its own procedure consistent with the provisions of this article. The board shall meet at the call of the chairman, or in any event within 10 days after notice of appeal has been received.
(4) The board shall have the power to administer oaths, affirmations, examine witnesses and receive evidence.
(b) Variances from Requirements of this Code. Where, because of conditions peculiar to a particular building and/or situation, it would be unreasonably difficult to meet the literal requirements of this article, a variance may be granted by the board upon written application therefore. Such application shall state in writing the reasons why the variance should be made. A variance may be granted only where it is evident that reasonable safety and sanitation is assured and may include conditions not generally specified by this article, in order to achieve that end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the building official and a copy shall be given to the applicant.
(c) Appeals Procedure.
(1) Any owner, his or her agent or occupant as the case may be claiming that the true intent and meaning of this article has been wrongly interpreted by the building official or that the time allowed for compliance is unreasonable or any person affected by any notice or order of the public official relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation, may file a notice of appeal from a decision or order of the building official. Such notice shall be in writing, shall contain the reason for the appeal in detail and the order or notice or parts thereof appealed from, and shall be filed with the building official within 10 days after the decision or order or notice, appealed from, has been made. The board of appeals shall thereupon set a date and place for hearing of the appeal and the building official, at least 10 days prior to such hearing, shall notify by a registered or certified mail, return receipt requested, delivery to addressee only, any owner, his or her agent, mortgage, lienholder, or occupants, of the time and place of the hearing and the nature of the appeal.
(2) Upon such notice and hearing as above provided, the board’s decision shall be reduced to writing and shall be filed in the office of the building official and a certified copy shall be given to the appellant. Its decision shall be final, subject, however, to such remedy as any aggrieved person may have at law or in equity.
(Ord. 700, Art. 2; Code 2007)
Occupants shall be responsible for the following:
(a) To keep the dwelling, dwelling unit and premises he or she controls and occupies in a clean and sanitary condition;
(b) To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city regulations;
(c) To hang and remove screens provided by the owner except where the owner has agreed to supply such services;
(d) To keep plumbing fixtures therein in a clean and sanitary condition and to exercise reasonable care in the proper use and operation thereof;
(e) To exterminate in the following cases:
(1) The occupant of a single dwelling is responsible for the extermination of any insects, rodents or other pests therein or on the premises, except termites,
(2) The occupant of a single dwelling unit in a multiple-unit structure is responsible for extermination of any insects, rodents or other pests, except termites, if his or her unit is the only unit infested; notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a rat-proof or reasonably insect-proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein;
(f) No occupant shall destroy, deface or impair any of the facilities, equipment or any part of the structure of a dwelling unit, dwelling, multi dwelling or apartment; and
(g) It is unlawful for the owner or occupant of the residential building, structure or property to utilize the premises of such residential property for the open storage of any refuse or other debris as defined in city code Chapter 15, Article 2 of this code. It shall be the responsibility and duty of every such owner or occupant to keep the premises in such residential property clean and remove from premises all such items as listed above, within seven days after notice from the building official.
(Ord. 700, Art. 3; Code 2007)
The responsibilities of the owner shall be as follows:
(a) To have dwelling in clean, sanitary, habitable condition and free from infestation before renting; to paint, clean, repair and exterminate, if needed, to meet the foregoing requirements before offering for rent;
(b) To provide the screens and self-closing devices required under section 4-717 of this article;
(c) To exterminate in the following causes:
(1) When infestation exists in two or more units of the multiple-unit structure,
(2) When infestation exists in a shared or public area of a multiple-unit structure, and
(3) When infestation exists in a single unit of a multiple-unit structure or in a single structure when infestation is due to failure of the owner to maintain the dwelling in a rat-proof and reasonable insect-proof condition, except termites;
(d) To perform the responsibilities of the occupant when premises are vacated.
(Ord. 700, Art. 3; Code 2007)
The standards set forth in this article standards necessary to make dwellings or buildings fit and safe for human habitation. Where conditions exist in a dwelling or building which are dangerous or injurious to the health, safety or morals of the occupants or the occupants of neighboring buildings or the general public, the building official may determine that such dwelling or building is unfit or unsafe for human habitation and in making such determination he or she shall be guided (without limiting the generality of the foregoing) by the standards and conditions established in this article.
(Ord. 700, Art. 4; Code 2007)
No person shall occupy as owner occupant or let to another for occupancy any dwelling, dwelling unit, or rooming house or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of Sections 4-717 through 4-720, inclusive, of this article nor shall any person use as owner or user or let to another, any building which is unfit and unsafe as determined by the standards of this article, and which does not have plumbing and heating equipment that is safely maintained and in good working condition.
(Ord. 700, Art. 4; Code 2007)
Minimum standards of dwellings facilities in the city shall be as follows:
(a) Minimum standards for basic equipment and facilities:
(1) Every dwelling unit shall contain a kitchen sink in good working condition.
(2) Every dwelling unit shall have access to a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition.
(3) Every dwelling unit shall have access to a room which affords privacy to a person within the room, a bathtub or shower in good working condition.
(4) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of this section shall be properly connected with both hot and cold water lines.
(5) Every dwelling shall have supplied water heating facilities which are properly installed according to the applicable laws and regulations of the city and state, properly connected with hot water lines required under the provisions of this section and are capable of heating water to such temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this section are not in operation.
(6) Every dwelling, dwelling unit and rooming house shall be supplied with a potable water supply.
(7) All plumbing fixtures installed within a dwelling shall be properly connected to sewer lines that discharge into an approved sanitary sewage system.
(8) Every dwelling unit shall be supplied with adequate refuse storage facilities as required by city code Chapter 15, Article 2.
(9) Every dwelling unit shall have safe, unobstructed exits leading to safe and open space at ground level, as required by the laws and regulations of state and city.
(b) Minimum standards for light, ventilation and heating:
(1) Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate or light the room.
(2) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for the habitable rooms contained in subsection (1) of this section, except that no window or skylight be required where the bathrooms and water closet compartments are equipped with an approved ventilation system.
(3) Where there is electric service available, every habitable room of such dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type or wall-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power as required by the electrical code of the city.
(4) Every public porch, hall and stairway in every multiple dwelling containing five or more dwelling units, shall be adequately lighted at all times. Every public porch, hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units, may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting.
(5) Every dwelling shall have heating facilities which are installed and maintained in accordance with the applicable codes of the city and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70 degrees Fahrenheit, at a point three feet above the floor. Fuel burning space heaters located in sleeping rooms or rooms generally kept closed shall be connected to a suitable chimney, flue or gas vent. There shall be provided an adequate air supply for combustion through one or more openings to the exterior, or by means of fixed openings to interior spaces which open to the exterior.
(6) Every swinging door opening directly from a dwelling unit to outdoor space intended to be used for ventilation shall have supplied screens and a selfclosing device; and every door, window or other device with openings to outer space, used or intended to be used for ventilation shall likewise be supplied with screens; provided, that such screens shall not be required in rooms deemed by the building official to be high enough as to be free from insects.
(7) Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device which will effectively prevent their entrance.
(c) Minimum space, use and location requirements:
(1) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof, and at least 125 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
(2) At least one-half of the floor area of every habitable room shall have a ceiling height of at least six and one-half feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total area of the room for the purpose of determining the maximum permissible occupancy thereof.
(3) No basement or cellar shall be used as a habitable room or dwelling unit unless the floor and walls are impervious to leakage of underground and surface runoff water and there are adequate exits as required by state and city laws and regulations.
(Ord. 700, Art. 4; Code 2007)
The owner or manager of any vacant dwelling, or part of a dwelling, shall maintain the premises in a secure, clean and sanitary manner, complying with the following standards:
(a) Every foundation, exterior wall and roof shall be substantially weather tight, watertight, and rodent proof and shall be kept in sound condition and good repair; provided that all wood, composition or metal siding, and trim, and all exposed structural members shall be surface coated as required to prevent deterioration.
(b) Every window and exterior door shall be reasonably weather tight, watertight and rodent proof and kept in good repair or boarded up in a workman like manner, and windows and doors and/or the material used for boarding them up shall be surface coated as required to prevent deterioration.
(c) Every outside stair, every porch, and every appurtenance thereto shall be kept in sound condition and good repair, and surface coated as required to prevent deterioration.
(d) Accessory structures shall be kept in sound condition and good repair. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials, or the application of paint or other approved preservatives.
(Ord. 700, Art. 4; Code 2007)
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming unit, rooming house, dwelling unit, which does not comply with the following minimum standards for safe and sanitary maintenance:
(a) Exterior Foundation Walls and Roofs. Every foundation wall, exterior wall, and exterior roof shall be substantially weather tight, watertight and rodent-proof; all exterior walls shall be made impervious to the adverse effects of weather by periodic applications of paint or a similar protective coating and shall be kept in sound condition and good repair. All foundation walls and exterior roofs shall be maintained in a safe manner and capable of supporting the loads which normal use may cause to be placed thereon.
(b) Interior Floors, Walls and Ceilings. Every floor and interior wall and ceiling shall be substantially rodent-proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load which normal use may be caused to be placed thereon.
(c) Windows and Doors. Every window, exterior door and basement or cellar door and hatchway shall be substantially weather tight, watertight and rodent-proof, and shall be kept in sound working condition and good repair.
(d) Stairs, Porches and Appurtenances. Every inside and outside stair, porch and any appurtenance thereto, shall be safe to use and capable of supporting the load that normal use may be caused to be placed thereon, and shall be kept in sound condition and good repair.
(e) Bathroom Floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained to permit such floor to be easily kept in a clean and sanitary condition.
(f) Supplied Facilities. Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition.
(g) Drainage. Every yard shall be properly graded so as to obtain full drainage and so as to prevent accumulation of stagnant water, whenever reasonably possible.
(h) Egress. Every dwelling unit shall be provided with means of egress as required by the building code.
(Ord. 700, Art. 4; Code 2007)
The following conditions are determined to be hazardous and shall warrant a finding that a building or its premises are unsafe and/or constitute a. nuisance:
(a) Structural Hazards.
(1) Any door, aisle, passageway, stairway or other means of exit not of sufficient width or size or not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit;
(2) Damage to any portion of a building by earthquake, wind, fire, flood or by any other cause, in such a manner that the structural stability, or strength thereof, is appreciably less than the minimum requirements set forth in existing codes and ordinances for a new building or structure of similar size, construction, location and use;
(3) Likelihood of any portion or member or appurtenance of a building to fall, or become dislodged or detached, or to collapse, and thereby cause bodily injury or property damage;
(4) Settling of any building or portion thereof, to such an extent that walls or other structural portions have been displaced or distorted and rendered structurally unstable or dangerous, or that the basic foundation of such element has been impaired;
(5) The building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or structure or portion thereof, or other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;
(6) The building or structure, or any portion thereof, is for any reason whatsoever manifestly unsafe for the purpose for which it is used or intended to be used;
(7) The building or structure, exclusive of the foundation, shows 33% or more of damage or deterioration to the supporting structural members, or 50% of damage or deterioration of a non-supporting outside wall or covering;
(8) The building or structure has been so damaged by fire, wind, earthquake, flood or has become so dilapidated or deteriorated, from any cause whatsoever, as to become an attractive nuisance to children who might play there into their danger, or as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral act
(b) Faulty Weather Protection.
(1) Every floor, interior wall and ceiling shall be kept in sound condition and good repair, and constructed of a building material recognized for that purpose;
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering;
(4) Broken, rotted, split or buckled exterior walls or roof coverings.
(c) Faulty Materials of Construction. All materials of construction, except those which are specifically allowed or approved by local codes and ordinances and which have been adequately maintained in good and safe condition.
(d) Inadequate Fire-Protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with fire-resistive construction or fire extinguishing systems or equipment required by local codes and ordinances except those buildings or portions thereof which conform with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition or any change in occupancy.
(e) Fire Hazards. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation, which is such a condition as is likely to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire explosion arising from any cause.
(f) Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health, or safety hazards or constitute a nuisance as defined by city ordinance.
(g) Improper Occupancy. All buildings or portions thereof, occupied for purposes for which they are not designed or intended to be used.
(h) Hazardous Wiring.
(1) Exposed electric wire or wire with deteriorated or damaged insulation
(2) Switch and outlet plates missing or improperly fastened;
(3) Short circuit or break in an electric line;
(4) Obvious shock hazards; and
(5) Temporary wiring, except extension cords which run directly from portable electric fixtures to convenience outlets, and which do not lie underneath floor covering materials or extend through doorways, transoms or other similar openings through walls or ceilings.
(i) Hazardous Plumbing.
(1) Plumbing that permits contamination of the water supply through backflow, back siphonage or other method of contamination;
(2) Water supply inlets below the flood level of any sink, lavatory, bathtub or other fixture and submerged inlets except those with a vacuum breaker complying with the plumbing code;
(3) The waste line of the water-using fixture that is not trapped.
(j) Hazardous Heating Equipment.
(1) Fuel supply connection of material other than those specified in Douglass’ International Plumbing Code, and not PE1rmanently fastened in place;
(2) Equipment or vents so close to a wall of combustible materials or so lacking in insulation that there is danger of combustion; and
(3) Equipment burning liquid or solid fuel which are not connected to chimneys or flues or which are connected to vents suitable for gas only.
Ord. 700, Art. 4; Code 2007)
Rules and regulations pertaining to violations of this article shall be as follows:
Notice of violations contents and service.
(a) Except in those instances in which section of this article is applicable, whenever the public officer or its authorized representative determines that there has been a violation of any provision of this article or any rule or regulation adopted pursuant hereto, he or she shall give notice of such alleged violation to the person or persons who are or may be responsible therefore as enumerated in subsection (b) of this section.
(b) Notice of violation shall: (1) be in writing; (2) describe with certainty the violations alleged to exist or to have been committed; (3) provide a reasonable time, but not less than 30 days in any event, for the correction of the violations so described; and (4) be addressed to and served upon the owner of record of the property, the equity purchaser, if known, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation. Service shall be by personal service or by certified mail, return receipt requested, delivered to addressee only. If service is made by certified mail, the building official or his or her authorized representative shall include in the record a verified statement giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting notice in a conspicuous place in or about the dwelling affected by the notice, in which event the building official shall include in the record a statement as to why such posting was necessary.
(Ord. 700, Art. 5; Code 2007)
Any violation of the provisions of this article is a nuisance and detrimental to the health and safety and welfare of the inhabitants of this city. It is a misdemeanor for any owner or occupant to maintain such a nuisance.
(Ord. 700, Art. 5; Code 2007)
Any person who shall willfully violate any provision of this article or who shall fail to comply with any order or inspection report within the time limit shall be guilty of committing a Class C misdemeanor as such term is used in Title 9, and shall upon conviction thereof, be subject to the fines of, not to exceed $500 and/or 30 days in jail and each and every day of any such violation shall constitute a separate offense.
(Ord. 700, Art. 5; Code 2007)