Part III of the City of Canton Code of Ordinances shall be known as and entitled the "City of Canton Unified Development Code" and may be referred to as the "UDC."

(Ord. No. 2014-18, § 2, 8-21-2014)

The UDC is enacted based on the authority vested in the City of Canton by the State of Georgia, including but not limited to: the Georgia Constitution of 1983 (Article 9, section 2, Paragraph 4) and the amendments thereto; and, the Zoning Procedures Law (O.C.G.A. ch. 36-66).

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The City of Canton Comprehensive Plan (Plan) is the official development policy and implementation guide for the city to coordinate and direct physical and economic development, related public investment, and, to provide reasonable regulations for the development of private property in the interest of public health, safety, comfort, convenience, prosperity, and general welfare. This UDC is intended to implement all provisions of the plan for the development and use of land.

B.

The purpose of this UDC is to:

1)

Provide for the continuing orderly growth and development of the city;

2)

Assist in protecting the historical small town character and community identity of Canton;

3)

Conserve and protect the city's natural beauty and setting, including scenic vistas, cultural and historic resources, natural resources, open space, waterways, hills, and trees;

4)

Ensure that proposed development and new land uses conserve energy and protect natural resources;

5)

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public infrastructure;

6)

Ensure that development is designed to create attractive streetscapes and spaces that accommodate pedestrian access and connectivity;

7)

Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented development, compact community form, safe and effective traffic circulation, and adequate on- and off-street parking facilities;

8)

Ensure the provision of required streets, sidewalks, utilities, and other facilities;

9)

Promote the preservation and creation of distinctive neighborhoods that provide diverse housing options;

10)

Prevent blight and deterioration while conserving the value of buildings;

11)

Ensure compatibility between different types of development and land uses;

12)

Encourage the most appropriate use of land, buildings and structures;

13)

Regulate the distribution and density of uses on the land to avoid both the undue concentration of population and the inappropriate dispersion of population, prevent the encroachment of incompatible land uses within residential areas, and preserve property values; and

14)

Ensure that land is developed in conformity with the City of Canton Comprehensive Plan.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

This UDC shall apply only to the corporate limits of the City of Canton, Georgia, as now or hereafter established.

B.

No buildings, structures, or land shall be used or occupied; no land shall be subdivided; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the provisions and requirements of this UDC.

C.

A change of use shall conform to the provisions and requirements of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following general conditions or circumstances are exempt from the provisions and requirements of this UDC, and are instead to be governed by the law and rules as they existed at the time of issuance of permit approving such activity:

A.

Buildings or structures that are legally under construction on the date of adoption of this UDC;

B.

Buildings or structures for which a building permit has been issued as of the effective date of this UDC, provided that construction commences prior to the expiration of the building permit, and continues until completed; or

C.

Development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this UDC, provided that development commences not later than one year after the effective date of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Community Development Director (Director) is assigned to administer, interpret, and implement the standards, criteria, and procedures of this UDC. Throughout this UDC, the terms "community development director" and "Director" are used to indicate the responsibility for specified actions, except where specified actions are reserved or specifically delegated by law to another official. In all instances, "community development director" and "director" mean the "community development director or designee."

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Building Official (Building Official) is assigned to enforce the provisions of the state minimum standard codes for construction.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Code Official (Code Official) is assigned to enforce the provisions of the 2012 International Property Maintenance Code as amended by Canton.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

In the interpretation and application of the UDC all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the City of Canton and shall not be construed to limit nor repeal any other powers granted under state or federal statutes.

B.

Specific provisions of this UDC shall be followed in lieu of general provisions that may be in conflict with the specific provision.

C.

The text of this UDC shall be followed in lieu of any caption, illustration, summary table, or illustrative table that may be in conflict with the text.

D.

Where provisions of the UDC conflict with other regulations of the Canton Municipal Code or construction codes identified in section 101.09.00 of this UDC, the more stringent restrictions shall be applied.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this UDC, the director shall be responsible for interpretation. In the interpretation of this UDC, the director shall be guided by the city of canton comprehensive plan and applicable state or federal law. The director may also refer any issue to the city attorney or to the City Council of Canton (city council) for their determination.

B.

Responsibility for interpretation by the director as set forth in this section shall be limited to standards, regulations, and requirements of the UDC, and shall not be construed to include interpretation of any technical codes adopted by reference in the UDC. Interpretation shall not be construed to override the responsibilities assigned by city council, or to any commission, board, or official named in other sections or chapters of the UDC.

C.

The building official shall be authorized to render interpretations of the state minimum standard codes for construction, which are consistent with their intent and purpose.

D.

The code official shall be authorized to render interpretations of the 2012 International Property Maintenance Code as amended by Canton, which are consistent with their intent and purpose.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2021-0415-01, 4-15-2021)

Interpretations regarding boundaries of zoning districts described in chapter 102 shall be made by the director in accordance with the following:

A.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

B.

Boundaries shown as following or approximately following any street or alley shall be construed as following the street or alley centerline.

C.

Boundaries shown as following or approximately following the shoreline of a river, stream, lake or other water body shall be construed as following the centerline of such water body.

D.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

E.

Where a public road, street, alley, or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley, or right-of-way.

(Ord. No. 2014-18, § 2, 8-21-2014)

Interpretations regarding a requested use that is not identified as a permissible land use in chapter 102 shall be made by the director in accordance with section 102.04.02.G (How to read the table of uses) of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Words used in the present tense include the future tense.

B.

Words used in the singular include the plural, and words used in the plural include the singular.

C.

The word "person" includes a firm, association, organization, partnership, corporation, trust, as well as an individual.

D.

The words "shall," "must," "will," "is to," and "are to" are always mandatory; the word "may" is permissive.

E.

The word "erected" or "altered" includes the terms "constructed, reconstructed, restored, extended or structurally altered."

F.

The word "lot" includes the terms "plot," "tract," or "parcel."

G.

The word "used" or "occupied" includes the term "intended, designed, or arranged to be used or occupied."

H.

The words "includes" and "including" mean "including but not limited to."

I.

The word "day" means a calendar day.

J.

The word "month" means a calendar month.

K.

The word "week" means seven days.

L.

The word "year" means a calendar year.

M.

All words and phrases are to be interpreted within the context of the sentence, paragraph, subsection, section and chapter in which they occur.

(Ord. No. 2014-18, § 2, 8-21-2014)

Whenever a number of days is specified in this UDC, or in any permit, condition of approval, or notice provided in compliance with this UDC, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 5:00 p.m. eastern time on the following working day where the last of the specified number of days falls on a weekend or holiday.

(Ord. No. 2014-18, § 2, 8-21-2014)

If any portion of this UDC be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this UDC as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this UDC not so held to be invalid. It is hereby declared to be the intent of the city council to provide for separable and divisible parts and does hereby adopt any and all parts hereof as may not be held invalid for any reason.

(Ord. No. 2014-18, § 2, 8-21-2014)

The documents identified in the following subsections include any attachments, future additions, appendices, indexes, and amendments.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Official Zoning Map of the City of Canton, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Future Development Map, together with all explanatory matter thereon and accompanying supporting data, is hereby adopted by reference and declared to be a part of this UDC.

The City of Canton Growth Boundary Map, together will all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC. In accordance with the growth boundary agreement between the City of Canton and Cherokee County, notification of intent to annex properties lying within the City of Canton Growth Boundary shall be sent to the Cherokee County Commissioners.

(Ord. No. 2014-18, § 2, 8-21-2014)

The delivery of service boundary map, together will all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The River Mill District Boundary Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC. The River Mill District has been designated by the City of Canton as an enterprise zone, consistent with the State Enterprise Zone Employment Act.

The City of Canton River Mill District Study (prepared by ARCADIS G&M, June 15, 2001), with accompanying maps, supporting data, and amendments is hereby adopted by referenced and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Overlay Zone Community Standards Handbook (prepared by PBS&J, June 27, 2002), with accompanying maps and supporting data, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Major Thoroughfare Plan, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Georgia Stormwater Management Manual (latest edition), published by the Atlanta Regional Commission, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Manual for Erosion and Sediment Control in Georgia (latest edition), published by the state soil and water conservation commission, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Water Environment Federation Manual of Practice No. 9 (latest edition), published by the American Society of Civil Engineers, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its current effective flood insurance study (FIS), with accompanying maps and other supporting data, and any revision thereto, are hereby adopted by reference and declared to be part of this UDC. For those land areas acquired by the city through annexation, the current effective FIS for the unincorporated county including accompanying maps and other supporting data, are hereby adopted by reference.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Cross-Connection Control Manual (latest edition), published by the Environmental Protection Agency (EPA), and the Recommended Practice for Backflow Prevention and Cross Connection Control (latest edition), published by the American Water Works Association (AWWA), are hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Manual for On-Site Sewage Management Systems (latest edition), published by the Georgia Department of Human Resources Division of Public Health, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Standards Methods for the Examination of Water and Wastewater (latest edition), as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

(Ord. No. 2014-18, § 2, 8-21-2014)

The GDOT Design Policy Manual (latest edition), published by the Georgia Department of Transportation, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The FHWA Manual of Uniform Traffic Control Devices (latest edition), published by the Federal Highway Administration, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The American National Standard Practice for Roadway Lighting of the Illumination Engineering Society (latest edition), as approved by the American National Standard Institute, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Manual for Railway Engineering, Part 5 (latest edition), published by the American Railway Engineering Association, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

American National Standards Institute (ANSI) Codes (latest edition) regulating parking spaces for the exclusive use of handicapped persons, regulating nursery stock, and any other ANSI code cited in this UDC, are hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Georgia EPPC Invasive Plant List (latest edition), published by the Georgia Exotic Pest Plant Council, is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The map depicting significant recharge areas as identified by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition) is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Watershed Protection Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Hickory Log Creek Reservoir Management Plan adopted by the City of Canton on May 21, 2009 and approved by the Georgia DNR, is hereby adopted by reference and declared to be a part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Generalized Wetlands Map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this UDC. The Generalized Wetlands Map is provided in the U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) Maps.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Industrial Pretreatment Program (IPP) Manual, latest edition, is hereby adopted by referenced and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City of Canton Stormwater Utility Credit Manual is hereby adopted by reference and declared to be part of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The purpose of this Code section is to provide for the administration and enforcement of the Georgia State Minimum Standard Codes for Construction as adopted and amended by the Georgia Department of Community Affairs. Hereinafter, the state minimum standard codes for construction shall be referred to as "the construction codes."

B.

The provisions of the construction codes shall not be held to deprive any federal or state agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of the construction codes or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

C.

Appendices referenced in the text of the construction codes shall be considered an integral part of the construction codes.

D.

Standards referenced in the text of the construction codes shall be considered an integral part of the construction codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where construction code provisions conflict with a standard, the construction code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

E.

All buildings, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards, which are required by the construction codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his/her designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

These construction codes are hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof — which are public safety, health, and general welfare -through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.

B.

Quality control of materials and workmanship is not within the purview of the construction codes except as it relates to the purposes stated therein.

C.

The inspection or permitting of any building, system or plan, under the requirements of construction codes shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the City of Canton, nor any employee thereof, shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.

(Ord. No. 2014-18, § 2, 8-21-2014)

Where, in any specific case, different subsections of these construction codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

A.

Building. The provisions of the International Building Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures, except in one and two family dwellings.

B.

Electrical. The provisions of the National Electrical Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

C.

Gas. The provisions of the International Fuel Gas Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to the installation of consumer's gas piping, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories, except in one- and two-family dwellings.

D.

Mechanical. The provisions of the International Mechanical Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy related systems. Except in one- and two-family dwellings.

E.

Plumbing. The provisions of the International Plumbing Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, and when connected to a water or sewerage system.

F.

Fire safety standards. The minimum fire safety standards as adopted in the rules and regulations of the safety fire commissioner, chapter 120-3-3, including all subsequent revisions thereof, are hereby adopted as part of the Code. The City of Canton shall have such authority and responsibility to enforce the state minimum fire safety standards as is provided in O.C.G.A. tit. 25.

G.

Energy. The provisions of the International Energy Conservation Code, as adopted and amended by the Georgia Department of Community Affairs, shall regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating and illumination systems and equipment that will enable the effective use of energy in new building construction.

H.

One- and two-family dwellings. The provisions of the International Residential Code, as adopted and amended by the Georgia Department of Community Affairs, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, of every one- or two-family dwelling or any appurtenances connected or attached to such buildings or structures.

I.

Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the International Property Maintenance Code.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by or the construction codes, shall be determined by the building official.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Alternate materials and methods. The provisions of the construction codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building official. The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the construction codes, in quality, strength, effectiveness, fire resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

B.

Existing buildings.

1)

General. Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the construction codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the construction codes for new construction. The building official shall determine the extent to which the existing system shall be made to conform to the requirements of the construction codes for new construction.

2)

Change of occupancy. If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical and plumbing systems shall be made to conform to the intent of the construction codes as required by the building official.

C.

Special historic buildings. The provisions of the construction codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or City of Canton as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The purpose of this Code section is to provide for the administration and enforcement of the International Property Maintenance Code as adopted, future amendments and as amended by the City of Canton.

B.

The property maintenance code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.

C.

Existing structures and premises that do not comply with the provisions of the property maintenance code shall be altered or repaired to provide a minimum level of health and safety as required herein.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0616-01, 6-16-2022)

A.

The provisions of the property maintenance code, as amended from time to time, shall apply to all existing residential and nonresidential structures (including garages, storage buildings and other accessory structures as well as pool barriers) and all existing premises.

B.

The provisions of the property maintenance code constitute minimum requirements and standards for:

1)

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;

2)

The responsibility of owners, operators and occupants;

3)

The occupancy of existing structures and premises; and for

4)

Administration, enforcement and penalties.

C.

The provisions of the property maintenance code shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. No. 2014-18, § 2, 8-21-2014)

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of the property maintenance code and the referenced standards, the provisions of the property maintenance code shall apply. Where, in a specific case, different subsections of the property maintenance code or other Canton codes or ordinances specify different requirements, the most restrictive shall govern.

A.

Maintenance. Equipment, systems, devices and safeguards required by the property maintenance code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order.

1)

No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress.

2)

The requirements of the property maintenance code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Also, the requirements of the property maintenance code are not intended to supersede, and shall not be substituted, for any requirements of any other Canton adopted code or ordinance in effect at the time a building, residence or other structure was constructed, altered or repaired.

3)

Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises, including accessory structures and pools. The cleanliness and sanitation of the interior of buildings, dwellings and structures, as well as that of the exterior premises and the sanitation of pools, spas and hot tubs attached thereto and under the control of the occupant, shall be the responsibility of the current occupant. If such occupant or owner's designated agent fails to correct any requirements under the property maintenance code, the responsibility shall fall upon the property owner in accordance with the procedures and provision of the property maintenance code and the current construction codes and other provisions adopted by the City of Canton, whichever is more stringent.

B.

Unsafe structures and equipment. See under the violation of property maintenance code section in chapter 105 of this UDC.

C.

Existing remedies. The provisions in the property maintenance code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.

D.

Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of the property maintenance code shall be executed and installed in a professional manner and installed in accordance with the manufacturer's installation instructions as well as the current construction codes and other provisions adopted by the City of Canton.

E.

Historic buildings. The provisions of the property maintenance code shall not be mandatory for existing buildings or structures designated as historic buildings when enforcement of such provisions would detrimentally alter their historical significance and when such buildings or structures are judged by the code official to be reasonably safe and in the public interest.

F.

Exception. Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

G.

Application of other codes. Repairs, additions or alterations to a structure, as well as "changes of occupancy", shall be done in accordance with the procedures and provisions of the latest adopted construction codes and other applicable ordinances of the City of Canton and nothing in the property maintenance code shall be construed to cancel, modify or set aside any provision thereof.

(Ord. No. 2014-18, § 2, 8-21-2014)

Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by the property maintenance code, shall be determined by the code official.

(Ord. No. 2014-18, § 2, 8-21-2014)