[R.O. 2006 §251.010; Ord. No. 1410 §1, 9-17-1990]
Unless otherwise expressly stated, the following terms shall for the purpose of this Chapter have the meanings indicated in this Section.
Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; The singular number includes the plural and the plural the singular.
Where terms are not defined in this Chapter and are defined in the Building, Plumbing or Mechanical Codes of the City, they shall have the same meanings ascribed to them as in those Codes.
Where terms are not defined, through the methods authorized by this Section, they shall have their ordinarily-accepted meanings such as the context shall imply.
Whenever the words "dwelling unit", "multi-family dwelling", "premises", "residential building", "rooming house" or "rooming unit" are used in this Code, they shall be construed as though they were followed by the words, "or any part thereof".
Applied Meaning Of Words And Terms.
- Approved by Code Official.
- That portion of a building which is partly or completely below grade.
- A building arranged or used for lodging, with or without meals, for compensation and not occupied as a single-family unit.
- BUILDING CODE
- The Building Code officially adopted by the legislative body of this jurisdiction or other such Codes officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of building and structures.
- CODE OFFICIAL
- The official who is charged with the administration and enforcement of this Code, or any duly authorized representative.
- A space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one (1) room, or in a series of closely associated rooms.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
- EXTERIOR PROPERTY AREAS
- The open space on the premises and on adjoining property under the control of owners or operators of such premises.
- The control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
- The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
- The presence, contiguous to a structure or premises of insects, rats, vermin or other pests.
- LET FOR OCCUPANCY OR LET
- To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
- Acts of repair and other acts to prevent a decline in the condition of grounds and structures, such that the condition does not fall below the standards established by this Code and other applicable Statutes, Codes and ordinances.
- A hotel as defined in this Code.
- MULTI-FAMILY APARTMENT HOUSE
- A building or portion thereof containing more than two (2) dwelling units and not classified as a one or two-family dwelling.
- Any person living and/or sleeping in a dwelling unit or having possession of a space within a building.
- ONE-FAMILY DWELLING
- A building containing one (1) dwelling unit with not more than five (5) lodgers or boarders.
- OPENABLE AREA
- That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
- Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
- Any person, agent, operator, firm, or corporation having a 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 such person if ordered to take possession of real property by a court.
- An individual, corporation, partnership or any other group acting as a unit.
- A lot, plot or parcel of land including the buildings or structures thereon.
- PUBLIC NUISANCE
- Includes the following:
- 1. The physical condition, or use of any premises regarded as a public nuisance at common law; or
- 2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
- 3. Any premises which has unsanitary sewerage facilities; or
- 4. Any premises designated as unsafe for human habitation or use; or
- 5. Any premises which is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or
- 6. Any premises which the required precautions against trespassers have not been provided; or
- 7. Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds, or;
- 8. Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises
- RESIDENTIAL BUILDING
- A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided; except when classified as an institution under the Building Code.
- ROOMING HOUSE
- Any residential building, or any part thereof, containing one (1) or more rooming units, in which space is let by the owner or operator to more than five (5) persons who are not members of the family (see "Boardinghouse").
- 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.
- Combustible and noncombustible waste materials, except garbage, and 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 and dust and other similar materials.
- That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
- TWO-FAMILY DWELLINGS
- A building containing two (2) dwelling units with not more than five (5) lodgers or boarders per family.
- Whenever the words "workmanlike state of maintenance and repair" are used in this Code, they shall mean that such maintenance and repair shall be mad in a reasonably skillful manner.
- An open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.
[R.O. 2006 §251.020; Ord. No. 1410 §1, 9-17-1990]
These regulations shall be known as the Existing Structures Code of the City of Fenton hereinafter referred to as the Existing Structures Code or "this Code".
This Code is to protect the public health, safety and welfare in all existing structures, residential and non-residential and on all existing premiss as hereinafter provided by:
Establishing minimum exterior maintenance standards for all structures and premises for use and location; and for safe and sanitary maintenance of all structures and premises now in existence.
Providing for rehabilitation and reuse of existing structures and allowing differences between the application of the Code requirements to new construction and the application of the Code requirements to alterations and repairs.
Fixing the responsibilities of owners, operators and occupants of all structures and;
Providing for administration, enforcement and penalties.
Intent. This Code shall be construed liberally and justly to insure public health, safety and welfare insofar as they are affected by the continued use and exterior maintenance of structures and premises.
Other Regulations. The provisions in this Code shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein.
Application Of Other Codes. Any exterior repairs or alterations to a structure, or changes of use therein, which are caused directly or indirectly by the enforcement of this Code shall be done in accordance with the procedures and provisions of the Building, Plumbing and Mechanical Codes and Federal Flood Insurance regulations.
Existing Remedies. The provisions in this 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 buildings which are dangerous, unsafe and unsanitary.
Workmanship. All exterior repairs, maintenance work, alterations or installations which are required for compliance with this Code shall be executed and installed in a workmanlike and acceptable manner so as to secure the results intended by this Code.
[R.O. 2006 §251.040; Ord. No. 1410 §1, 9-17-1990]
Alterations Or Repairs. Exterior alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all the requirements of the Code for new construction provided such work conforms to that required by this Code. Exterior alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
Exterior alterations or repairs to an existing structure which are structural, or adversely affect any structural member or any part of the structure having a required fire-resistance rating, shall be made with materials as required for a new structure
Other Ordinances. This Code establishes minimum exterior requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which are additional or more stringent for the construction, repair, alteration or use of structures.
[R.O. 2006 §251.050; Ord. No. 1410 §1, 9-17-1990]
Approved Materials. All materials, approved for use by the Code Official shall be constructed and installed in accordance with such approval.
When there are practical difficulties involved in carrying out structural provisions, the Code Official shall be permitted to vary or modify such provision upon application of the owner or the owner's representative, provided that the spirit and intent of the law shall be observed and public welfare and safety assured.
Records. The application for modification and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the department.
Used Materials. Used materials, shall not be reused unless they have been reconditioned and approved for use by the Code Official.
The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternative has been approved. An alternative material or method of construction shall be approved when the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the 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.
Research and investigations. The Code Official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Code Official shall approve its use subject to the requirements of this Code. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.
[R.O. 2006 §251.060; Ord. No. 1410 §1, 9-17-1990]
Officer. It shall be the duty and responsibility of the Code Official to enforce the provisions of this Code as herein provided.
Relief From Personal Liability. Any Code Official, officer or employee who acts in good faith and without malice in the discharge of duties or enforcement of this Code is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the Code Official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the Code Official in the enforcement of this Code. In any of these actions, the official or employee shall be defended or represented by the jurisdictions's attorney at law until the final termination of the proceedings.
Official Records. An official record shall be kept of all business and activities of the department specified in the provisions of this Code, and all such records shall be open to public inspection at all appropriate times and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.
[R.O. 2006 §251.070; Ord. No. 1410 §1, 9-17-1990]
General. The Code Official shall enforce all the provisions of this Code.
Notices And Orders. The Code Official shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with this Code's requirements for the safety, health and general welfare of the public.
Inspections. In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter upon any premises at any reasonable time for the purpose of making inspections and performing duties under this Code.
Non-conforming conditions. If additional non-conforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially the Code Official shall have the authority to require compliance with this Code of such additional conditions. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this Code. The Code Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impractical, provided such changes in approved work can be readily determined to be in compliance with this Code and are requested by the owner or the owner's agent prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent describing the change in work and the reasons and justification for the change and shall be filed with the permit for the project.
Right of entry. If any owner, occupant, or other person in charge of a structure subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any exterior part of the premises where inspection authorized by this Code is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.
Access by owner or operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Code.
Credentials. The Code Official or the Code Official's representative shall disclose proper credentials of their respective office for the purpose of inspecting the exterior of any and all buildings and premises in the performance of duties under this Code.
Coordination Of Enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
Rule Making Authority. The Code Official shall have power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this Code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of waiving working stresses or fire protection requirements specifically provided in this Code or violating approved practice involving public safety.
Annual Reports. At least annually, the Code Official shall submit to the chief authority of the jurisdiction a written statement of operations in the form and content as shall be prescribed by such authority.
[R.O. 2006 §251.080; Ord. No. 1410 §1, 9-17-1990]
Notice To Owner Or To Person Or Persons Responsible. Whenever the Code Official determines that there has been a violation of this Code or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed below.
Form. Such notice prescribed in Section 505.070(A) shall:
Be in writing.
Include a description of the real estate sufficient for identification.
Include a statement of the reason or reasons why it is being issued.
Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code; and,
Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to an appeals board or appropriate review board.
Service. Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place on or about the structure affected by such notice and at least one (1) publication of such notice in a local newspaper of general circulation.
Penalties for non-compliance with orders and notices shall be subject to the penalties set forth in Section 505.080.
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 to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
[R.O. 2006 §251.090; Ord. No. 1410 §1, 9-17-1990; Ord. No. 2463 §3, 4-15-2002]
Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure regulated by this Code, or cause same to be done contrary to or in conflict with or in violation of any of the provisions of this Code.
Penalty. Any person, firm or corporation who shall violate any provision of this Code shall, upon conviction thereof, be punished as set out in Section 100.060 of this Code. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
Prosecution. In case any violation order is not promptly complied with, the Code Official shall request the jurisdiction's legal representative to institute an appropriate action or proceeding at law to exact the penalty provided in Section 505.080. Also, the Code Official shall ask the legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation, or alteration of such structure;
To require the removal of work in violation, or;
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with the provisions of this Code, or in violation of a plan or specification under which an approval, plan or specification under which an approval, permit or certificate was issued.
[R.O. 2006 §251.100; Ord. No. 1410 §1, 9-17-1990]
Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the appeals board; provided that such person shall file, in the office of the appeals board, a written petition requesting such hearing containing a statement of grounds therefore within twenty (20) days after the day the notice was served.
Appeals Board. In order to protect existing structures in the jurisdiction from vigorous enforcement of the provisions of this Code, the Board of Adjustment shall sit as an appeals board, hereafter referred to as the Board consisting of five (5) members who have been appointed by the chief executive of the jurisdiction.
Membership. Each member shall have been a resident of the jurisdiction prior to appointment for at least one (1) year. Every effort shall be made to appoint qualified members who have a background in engineering, architecture, construction, building trades or real estate.
Vote. The Board shall hear all appeals relative to the enforcement of this Code and by a concurring vote of the majority of its members shall reverse or affirm wholly or partly, or modify, the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a conformation of the decision of the Code Official.
Financial interest. A member of the Board shall not participate in any hearings or vote on any appeal in which that member or his/her family member, has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.
Records. A recording secretary shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Board.
[R.O. 2006 §251.110; Ord. No. 1410 §1, 9-17-1990]
The provisions of this Section shall govern the minimum conditions for maintenance of exterior property, premises and structures. Premises shall comply with the conditions herein prescribed insofar as they are applicable.
The owner of the premises shall maintain such structures and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this Chapter.
All vacant structures and premises thereof or 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, safety or property value or adjacent properties.
[R.O. 2006 §251.120; Ord. No. 1410 §1, 9-17-1990; Ord. No. 3019 §1, 4-23-2009]
All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage.
Containers. The operator of every establishment producing garbage, vegetable wastes, or other putrescible materials shall provide and at all times cause to be used, leakproof approved containers provided with close fitting covers for the storage of such materials until removed from the premises for disposal.
Grading And Drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stagnant water shall be determined as any accumulation that has not dispersed within seven (7) days of the last recorded local rainfall.
Exception. Water retention areas and/or reservoirs approved by the Code Official.
Loading Areas. All loading areas, automobile service stations and drive-in food establishments shall be paved with bituminous, concrete or equivalent surfacing and shall be free from dirt and other litter and kept in good repair. When lighted for nighttime use, lights shall not be permitted to cast directly upon dwellings nearby.
Insect And Rat Control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin, or other pests in all exterior areas of the premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
Public Areas. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair, free of all snow, ice, mud, overhanging trees and shrubs which obstruct walkways and other debris and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger of public health and safety, the sidewalk or driveway or portion thereof shall be replaced. Steps shall comply with the requirements for exterior stairs.
Storage Areas. All approved open salvage yards shall be completely obscured from surrounding property by a solid screen not less than six (6) feet (1829 mm) in height. Storage of debris, junk or construction materials, which are not associated with an approved use or permitted construction at that site, shall be prohibited.
Exhaust Vents. A person shall not construct, maintain or operate pipes, ducts, conductors, fans, or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public and private property or that of another tenant.
Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with Section 505.120 of this Code.
Motor Vehicles, Commercial Vehicles, Recreational Vehicles/Equipment And Construction Equipment.
[Ord. No. 3302 §1, 12-20-2012]
Definition. For purposes of this Section, "motor vehicle" shall mean any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
Residential areas. Except as provided in other regulations, no currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district, and said vehicle shall not at any time be in a state of major disassembly, disrepair or shall it be in the process of being stripped or dismantled. A vehicle of any type shall not at any time undergo major overhaul, including bodywork, in a residential district unless such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. No parking of any vehicle is permitted on a residential lot unless said vehicle is on a paved parking surface.
Non-residential areas. Except as provided in other regulations and approved by the Code Official, no currently unregistered and/or uninspected motor vehicle shall be permitted on any property in a non-residential district, and any vehicle shall not at any time be in a state of major disassembly or disrepair, nor shall it be in the process of being stripped or dismantled. No parking is permitted on a non-residential lot unless said vehicle is on a paved parking surface.
Exceptions. Driveways constructed of material other than concrete or asphalt which is a legal non-conforming use and driveways constructed of material other than concrete or asphalt in the "R-1" Single-Family Residential District shall be permissible parking spaces for vehicles which are registered and inspected motor vehicles and are not in a state of major disassembly or disrepair.
Definition. For purposes of this Section, "commercial vehicle" shall mean any motor vehicle or trailer which is designed, maintained or used primarily for the transportation of property or which is used primarily for the transportation of passengers for hire, including, but not limited to, tow trucks, dump trucks, flat-bed trucks, stake-bed trucks, step vans, refuse or garbage trucks, buses or any other vehicle or trailer having a gross vehicle weight rating (GRWR) in excess of 14,000 pounds.
Regulations. No person shall park, keep, store or leave any commercial vehicle on any residential property unless said vehicle is located within an enclosed garage or located on residential property containing more than one (1) acre and kept behind the front elevation of the primary building.
Exceptions. This Section shall not apply to any emergency vehicles, ambulances, public utility service vehicles, moving vans or any commercial vehicle in the process of making a legitimate pickup, delivery or call to a residence.
Definition. For purposes of this Section, "recreational vehicle/equipment" shall mean any camper trailer, pickup camper (not attached to a truck), motorized mobile home, boat, houseboat, boat trailer, horse trailer, dune buggy, snowmobile, all-terrain vehicle, or any similar vehicle or equipment not primarily used for ordinary day-to-day transportation.
Regulations. Any recreational vehicle/equipment parked, kept, stored or left on any residential property shall be located within an enclosed garage or shall be located on a paved parking surface constructed of concrete or asphalt. Said recreational vehicle/equipment shall not at any time be in a state of disassembly or disrepair.
Exceptions. Parking surfaces other than asphalt or concrete shall be permissible in the "R-1" Single-Family Residential Zoning District.
Definition. For purposes of this Section, "construction equipment" shall mean any equipment primarily used for commercial construction purposes, including but not limited to, tractors, backhoes, blades, buckets, bulldozers, compactors, crane scrapers, excavators and front-end loaders.
Regulations. No person shall park, keep, store or leave any construction equipment on any property used for residential purposes in the City.
Exceptions. This Section shall not apply to any construction equipment:
[R.O. 2006 §251.130; Ord. No. 1410 §1, 9-17-1990]
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or welfare of the occupants and so as to protect the occupants from the adverse effects of the environment.
Street Numbers. Each structure to which a street number has been assigned shall have the number so assigned displayed in a position easily observed and readable from the public right-of-way.
Structural Members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.
Exterior Surfaces (Foundations, Walls And Roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rats.
Foundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.
Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
Roofs and drainage. The roof shall be structurally sound, tight and not have defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness or deterioration in the walls or interior portion of the building. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises, or that creates a public nuisance.
Decorative features. All cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
Signs, marquees and awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
Stair and porches. Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in sound condition and good repair. Every stair, porch and fire escape shall be maintained free of hazardous conditions such as snow, ice, mud and other debris.
Every flight of stairs which is more than four (4) risers high shall have a handrail on at least one (1) side of the stair, and every open portion of a stair, fire escape, porch, landing or balcony which is more than thirty (30) inches (762 mm) above the grade below shall have guardrails. Handrails shall not be less than thirty (30) inches (762 mm) nor more than thirty-four (34) inches (864 mm) high, measured vertically above the nosing of the treads. Guardrail shall be not less than thirty (30) inches (762 mm) high above the floor of the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.
Window And Door Frames. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to be weathertight.
Weathertight. Every window and exterior door shall be fitted reasonable in its frame and be weathertight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.
Glazing. Every required window sash shall be fully supplied with approved glazing materials which are without open cracks and holes.
Open windows. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.
Insect screens. During the period from April first (1st) to December first (1st) every door and window or other outside opening used for ventilation purposes serving any building containing habitable rooms, food preparation area, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tight fitting screens of not less than sixteen (16) mesh per inch and every swinging screen door shall have a self-closing device in good working condition
Exception. Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means such as air curtains or insect repellent fans are employed.
Door hardware. Every exterior door and its hardware shall be maintained in good condition. Door locks on all doors entering dwelling units shall be in good repair and capable of tightly securing the door.
Basement hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rats, rain and surface drainage water into the structure.
Guards for basement windows. Every basement window which is openable shall be supplied with rat-proof shields, or storm windows or other material affording protection against the entry of rats.