These regulations shall be known as the Property Maintenance Code of the City of Litchfield, hereinafter referred to as "this code".

(Ord. 3456, passed 3-17-2016)

The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises, structures and facilities.

(Ord. 3456, passed 3-17-2016)

This 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. Existing 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.

(Ord. 3456, passed 3-17-2016)

Where there is conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall apply.

(Ord. 3456, passed 3-17-2016)

Safeguards required by this 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. No owner, owner's authorized agent, operator or occupant shall cause any service required under this section to be removed from, shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.

(Ord. 3456, passed 3-17-2016)

Repairs, additions or alterations to a structure, or changes in occupancy shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Residential Code, National Electric Code, State Plumbing Code, International Mechanical Code, International Fire Code, Life Safety 101 Code, and the International Energy Conservation Code for Commercial and Residential Buildings. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. New construction, repairs, or alterations to a structure may require a building permit in accordance with the city building codes.

(Ord. 3456, passed 3-17-2016)

The provisions in this code shall not be construed to abolish or impair existing remedies of this jurisdiction, or its officers or agencies, relating to the removal or demolition of any structure that is dangerous or unsafe.

(Ord. 3456, passed 3-17-2016)

Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code, shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.

(Ord. 3456, passed 3-17-2016)

The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings, where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.

(Ord. 3456, passed 3-17-2016)

The codes and standards referenced in this code shall be those listed in § 156.017 and considered part of the requirements of this code to the prescribed extent of each such reference, and as further regulated in §§ 156.022 and 156.023.

(Ord. 3456, passed 3-17-2016)

Where conflicts occur between provisions of this code and provisions of the referenced standards, the provisions of this code shall apply.

(Ord. 3456, passed 3-17-2016)

Where the extent of the referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over provisions in the referenced code or standard.

(Ord. 3456, passed 3-17-2016)

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 this code, shall be determined by the code official.

(Ord. 3456, passed 3-17-2016)

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to that chapter, section or provision of this code.

(Ord. 3456, passed 3-17-2016)

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

(Ord. 3456, passed 3-17-2016)

(A)

Liability. The code official, member of the Zoning Board of Appeals, or employee charged with enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or the other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.

(B)

Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee, in the lawful discharge of duties and under the provisions of this code, shall be defended by the legal representative of the jurisdiction until final termination of the proceedings. The code official or any employee shall not be liable for costs in an action, suit or proceeding instituted pursuant to the provisions of this code.

(C)

Fees. The fees for the activities and services performed by the department in carrying out its responsibilities under this code shall be indicated in the schedule supplied by the International Code Council and the jurisdiction's Building and Zoning Department.

(Ord. 3456, passed 3-17-2016)

(A)

General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(B)

Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of the approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

(C)

Right of entry. If the premises is occupied, the code official shall make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or control of the structure or premises, and request entry.

(D)

Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(E)

Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.

(F)

Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. These records shall be retained in the official records for the period required for retention of public records.

(Ord. 3456, passed 3-17-2016)

(A)

Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code, and that it does not lessen health, life and fire safety requirements. The details of an action granting modifications shall be recorded and entered in the department files.

(B)

Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.

(C)

Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require approved tests to be made as evidence of compliance, at no expense to the jurisdiction.

(D)

Used material and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Materials shall be not be reused unless they are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition, and approved by the code official.

(E)

Approved materials. Materials approved by the code official shall be installed in accordance with the approval.

(Ord. 3456, passed 3-17-2016)

(A)

Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

(B)

Notice of violation. The code official shall serve a notice of violation order in accordance with § 156.044.

(C)

Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(D)

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or stop an illegal act, conduct, business or utilization of the building, structure or premises.

(Ord. 3456, passed 3-17-2016)

(A)

Notice to person(s) responsible. Whenever the code official determines that there has been a violation of this code, or has grounds to believe that a violation has occurred, notice shall be given, in the manner prescribed in divisions (B) and (C) below, to the person(s) responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with § 156.045(G).

(B)

Form. The notice prescribed in division (A) above shall be in accordance with all of the following requirements:

(1)

Be in writing;

(2)

Include a description of the real estate sufficient for identification;

(3)

Include a statement of the violation or violations and why the notice is being issued;

(4)

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;

(5)

Inform the property owner or the property owner's authorized agent of the right to appeal;

(6)

Include a statement of the right to file a lien in accordance with § 156.043(C).

(C)

Method of service. The notice shall be deemed to be properly served if a copy thereof is:

(1)

Delivered personally;

(2)

Sent by certified mail addressed to the last known address; or

(3)

If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by the notice.

(D)

Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official.

(E)

Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 156.043(D).

(F)

Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order, or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of the dwelling unit or structure to another until the owner has complied with the provisions of the compliance order or notice of violation.

(Ord. 3456, passed 3-17-2016)

(A)

General. When the code official finds a structure to be unsafe, unlawful or unfit for human occupancy, it can be condemned pursuant to the provisions of this code.

(B)

Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public, or the occupants of the structure, by not providing minimum safeguards to protect or warn occupants in the event of fire, or because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

(C)

Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that it is unsafe, unlawful or because of the degree to which it is in disrepair or lacks maintenance, is insanitary, vermin- or rat-infested, contains filth and contamination, or because its location constitutes a hazard to its occupants or to the public.

(D)

Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

(1)

Any portion of a building, structure or appurtenance has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, to become detached or dislodged, or to become a threat to surrounding properties.

(2)

The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

(3)

The use and occupancy of the building or structure, or any portion thereof, is clearly unsafe.

(4)

The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure, becomes a harbor for vagrants, criminals or others, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

(5)

Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to that building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance, to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life, safety or other property.

(6)

Any portion of a building or structure remains on site after it has been demolished, destroyed or abandoned so as to constitute an attractive nuisance or hazard to the public.

(E)

Closing of vacant structures. If the structure is vacant and deemed unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises, and order the structure closed up so as to not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency, or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located, shall be a lien upon that real estate, and shall be collected by any other resource.

(F)

Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building or structure regulated by this code, and the referenced standards set forth in § 156.021, in case of emergency, where necessary to eliminate an immediate hazard to life or property, or where the utility connection has been made without approval. The code official shall notify the serving utility, and whenever possible, the owner or the owner's agent and occupant of the building or structure, of the decision to disconnect prior to taking action.

(G)

Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(Ord. 3456, passed 3-17-2016)

(A)

Imminent danger.

(1)

When, in the opinion of the code official, there is imminent danger of failure or collapse of any building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors, the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.

(2)

The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Code Official".

(3)

It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same.

(B)

Temporary safeguards. Notwithstanding the other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet the emergency.

(C)

Closing streets. When necessary for public safety, the code official shall temporarily close structures, sidewalks, streets, public rights-of-way and places adjacent to unsafe structures; and prohibit the same from being utilized.

(D)

Emergency repairs. For the purpose of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(E)

Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises, or owner's authorized agent where the unsafe structure is or was located, for the recovery of such costs.

(F)

Hearing. Any person ordered to take emergency measures shall comply with the order forthwith. Any affected person(s) shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

(Ord. 3456, passed 3-17-2016)

(A)

General. The code official shall order the owner, or owner's authorized agent, of any premises upon which is located any structure that, in the code official's judgement after review, is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove the structure; or if the structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair, or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than 2 years, the code official shall order the owner or owner's authorized agent to demolish and remove the structure, or board up until future repair shall not extend beyond 1 year, unless approved by the code official.

(B)

Failure to comply. If the owner of the premises, or owner's authorized agent, fails to comply with a demolition order within the time prescribed, the code official shall cause the jurisdiction legal representative to ask for an order of demolition, to be completed through an available public agency or arrangement with a private contractor, and the cost of the demolition and removal shall be charged against the real estate upon which the structure is located, and shall be lien upon that real estate.

(Ord. 3456, passed 3-17-2016)

(A)

Application for appeal. Any person(s) directly affected by a decision of the code official, or a notice or order issued under this code, shall have the right to appeal to the Zoning Board of Appeals, provided that a written application for appeal is filed within 20 days after the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code, or the rules legally adopted thereunder, have been incorrectly interpreted. The provisions of this code are adequately satisfied by other means.

(B)

Membership of board. The board of appeals shall consist of not less than 3 members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The board shall be appointed by Mayor, and shall serve staggered and overlapping terms.

(1)

Chairperson. The board shall annually select 1 of its members to serve as chairperson.

(2)

Disqualification of a member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(3)

Secretary. The chairperson shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the code official's office.

(C)

Notice of meeting. The board shall meet upon notice from the chairperson, within 45 days of the filing of an appeal, or at a stated periodic meeting.

(D)

Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person(s) whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a majority of the board membership.

(E)

Hearing procedures. The board shall adopt and make available to the public through the secretary procedures under which the public hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(F)

Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

(G)

Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.

(1)

Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.

(2)

Administration. The code official shall take immediate action in accordance with the decision of the board.

(H)

Court review. Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

(I)

Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

(Ord. 3456, passed 3-17-2016)

(A)

Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the code official is authorized to issue a stop-work order.

(B)

Issuance. A stop-work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

(C)

Emergencies. Where an emergency exists, the code official shall not be required to give written notice prior to stopping work.

(D)

Failure to comply. Any person(s) who shall continue any work after having been served with a stop-work order, except such work as that person(s) is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50 nor more than $750.

(Ord. 3456, passed 3-17-2016)

(A)

Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

(B)

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

(C)

Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Residential Code, National Electric Code, State Plumbing Code, International Mechanical Code, International Fire Code, Life Safety 101 Code, the International Energy Conservation Code for Commercial and Residential Buildings, or the International Zoning Code, such terms shall have the meanings ascribed to them as stated in those codes.

(D)

Terms not defined. Where terms are not defined through the methods authorized by this section, they shall have the ordinarily accepted meaning that would apply in the context.

(E)

Parts. Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof".

(Ord. 3456, passed 3-17-2016)

Anchored means secured in a manner that provides positive connection.

Approved means acceptable to the code official.

Basement means that portion of a building that is partly or completely below grade.

Bathroom means a room containing plumbing fixtures, including a bathtub or shower.

Bedroom means any room or space used or intended to be used for sleeping purposes, in either a dwelling or a sleeping unit.

Code official means the official charged with the administration and enforcement of this code, or any duly authorized representative.

Condemn means to adjudge unfit for occupancy.

Costs of such demolition or emergency repairs mean the costs shall include the actual costs of the demolition or repair of the structure, less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not limited to, demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorneys' fees expended for recovery of the costs of emergency repairs, or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.

Detached means when a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

Deterioration means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.

Dwelling unit means a single unit providing complete independent living facilities for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement means that portion of land or property reserved for present or future use by person(s) or agency other than the legal fee owner(s) of the property. The easement shall be performed for use under, on or above the lot or lots.

Equipment support means those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

Exterior support means the open space on the premises and on adjoining property under the control of the owners or operators of the premises.

Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Guard means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

Habitable space means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Historic buildings mean any building or structure that is 1 or more of the following:

(A)

Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places;

(B)

Designated as historic under an applicable state or local law;

(C)

Certified as a contributing resource within a National Register or state or locally designated district.

Housekeeping unit means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

Imminent danger means a condition that could cause serious or life-threatening injury or death at any time.

Infestation means the presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.

Inoperable motor vehicle means a vehicle that cannot be driven upon the public streets for any reason. including but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Labeled means equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation, which maintains periodic inspection of the production of the above-labeled items, and whose labeling indicates either that the equipment, material or product meets identified standards, or has been tested and found suitable for a specified purpose.

Let for occupancy or let means to permit, provide or offer a dwelling, dwelling unit, rooming unit, building, premises or structure for possession or occupancy by a person who 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 or contract for the sale of land.

Neglect means the lack of proper maintenance for a building or structure.

Occupancy means the purpose for which a building or portion thereof is utilized or occupied.

Occupant means any individual living or sleeping in a building, or having possession of a space within the building.

Openable area means that part of a window, skylight or door that is available for unobstructed ventilation and that opens directly to the outdoors.

Operator means any person who has charge, care or control of a structure or premises that is let or offered for occupancy.

Owner means any person, agent, operator, firm or corporation having 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 that person if ordered to take possession of real property by a court.

Person means an individual, corporation, partnership or any other group acting as a unit.

Pest elimination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest-elimination methods.

Premises means a lot, plot or parcel of land, easement or public way, including any structure thereon.

Public way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Rooming house means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a 1- or 2-family dwelling.

Rubbish means combustible and noncombustible waste material, 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, dust and other similar materials.

Sleeping unit means a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Rooms and spaces that are also part of a dwelling unit are not sleeping units.

Strict liability offense means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act that was prohibited, or failed to do an act that the defendant was legally required to do.

Structure means that which is built or constructed, or a portion thereof.

Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building, or portion thereof, as a unit.

Toilet room means a room containing a water closet or urinal but not a bathtub or shower.

Ultimate deformation means the deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.

Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing that air from, any space.

Workmanlike means executed in a skilled manner; i.e., generally plumb, level, square, in line, undamaged and without marring adjacent work.

Yard means an open space on the same lot with a structure.

(Ord. 3456, passed 3-17-2016)

The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

(Ord. 3456, passed 3-17-2016)

The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant, or permit another person to occupy, premises that are not in a sanitary and safe condition, and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises that they occupy and control.

(Ord. 3456, passed 3-17-2016)

Vacant structures, and premises thereof, and 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.

(Ord. 3456, passed 3-17-2016)

Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that the occupant occupies or controls in a clean, safe and sanitary condition.

(Ord. 3456, passed 3-17-2016)

Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated so they shall not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

(Ord. 3456, passed 3-17-2016)

Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

(Ord. 3456, passed 3-17-2016)

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.

(Ord. 3456, passed 3-17-2016)

The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for exterior buildings:

(A)

Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and resisting all load effects.

(B)

Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

(C)

Exterior walls that are not anchored to supporting and supported elements, or are not plumb and free of holes, cracks, breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

(D)

Roofing or roofing components with defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair, with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects.

(E)

Veneer, cornices, belt courses, corbels, trim wall facings and similar decorative features not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

(F)

Overhang extensions or projections, including but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts that are not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

(G)

Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, that are not structurally sound, not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

(H)

Chimneys, cooling towers, smokestacks and all similar appurtenances attached thereto, including guards and handrails, that are not structurally sound, not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

(Ord. 3456, passed 3-17-2016)

Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall not be less than 4 inches in height, with a minimum width of 0.5 inches.

(Ord. 3456, passed 3-17-2016)

Foundation walls shall be maintained plumb and free from open cracks and breaks, and shall be kept in such a condition so as to prevent the entry of rodents and other pests.

(Ord. 3456, passed 3-17-2016)

Exterior walls shall be free from holes, breaks and loose and rotting materials, weatherproof, and properly maintained where required to prevent deterioration.

(Ord. 3456, passed 3-17-2016)

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 or is detrimental to adjacent properties.

(Ord. 3456, passed 3-17-2016)

Overhang extensions, including but not limited to, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts, shall be maintained in good repair and properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal and wood shall be protected from the elements and against decay or rust.

(Ord. 3456, passed 3-17-2016)

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.

(Ord. 3456, passed 3-17-2016)

Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads, and shall be maintained in good condition.

(Ord. 3456, passed 3-17-2016)

(A)

Maintenance. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather-tight.

(B)

Glazing. Glazing materials shall be maintained free from cracks, separation and holes.

(Ord. 3456, passed 3-17-2016)

(A)

Maintenance. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks shall tightly the doors at all entrances to dwelling units and sleeping units.

(B)

Locks on egress doors. Means-of-egress doors shall be readily openable from the side from which egress is to be made, without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted in the International Building Code.

(Ord. 3456, passed 3-17-2016)

The interior of a structure, and equipment therein, shall be maintained in good repair, structurally sound and in sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, 2 or more dwelling units or 2 or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property in accordance with the International Building Code.

(Ord. 3456, passed 3-17-2016)

The components of a structure, and equipment therein, shall be maintained in good repair, structurally sound and in a sanitary condition in accordance with the International Building Code.

(Ord. 3456, passed 3-17-2016)

Exterior property and premises shall be free from any accumulation of rubbish or garbage.

(Ord. 3456, passed 3-17-2016)

(A)

Disposal. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing it in containers.

(B)

Covered containers. The owner or tenant of every occupied premises shall supply a covered container for rubbish and the owner or tenant shall be responsible for the removal of rubbish.

(C)

Refrigerators. Refrigerators and similar equipment not in operation shall not be stored on premises for disposal without first removing the doors.

(Ord. 3456, passed 3-17-2016)

(A)

Disposal. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing it in a garbage disposal facility or garbage container. Containers shall be located as to be out of the public view and off the boulevard except on the day of the pickup.

(B) Covered containers. The operator of every establishment producing garbage shall provide and at all times cause to be utilized, leak proof containers with close-fitting covers for the storage of such materials until removed from the premises for disposal.

(Ord. 3456, passed 3-17-2016; Am. Ord. 3617, passed 9-2-2021)

Plumbing fixtures shall be properly connected to either a public sewer system or an approved private sewage system.

(Ord. 3456, passed 3-17-2016)

Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease and other substances harmful or hazardous to the building drainage system, the public sewer, the private disposal system, or the sewer treatment plant or processes. Records of cleaning and repairs should be made available for inspection by the Health Department, EPA or local code official.

(Ord. 3456, passed 3-17-2016)

Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.

(Ord. 3456, passed 3-17-2016)