[CC 2000 §8-5-1; CC 1974 §5-38]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively assigned to them by this Section:
- NON-RESIDENTIAL STRUCTURE
- A structure which is used for other than residential purposes or a part of such structure which is used for other than residential purposes and, where applicable, the premises on which such structures are situated. This shall be construed to include hospitals and similar places of abode where such are operated for public or commercial purposes.
- Any person who, alone, jointly or severally with others, is in actual possession or has charge, care or control of any building, premises or vacant lot within the City as owner, whether individual, firm, partnership or corporation, or as trustee or guardian of the estate or person of the title holder, including the owner of record as reflected by the County Recorder's office.
- All provided gas pipes, gas-burning equipment, waste pipes, water closets, sinks, lavatories, bathtubs, catch basins, drains, vents and other provided fixtures with connections to the water, sewer or gas lines.
- All structures used for non-residential purposes which do not conform to the minimum standards established by this Chapter.
- As applied to a structure, a condition or combination of conditions liable to be a danger or hazard to the life, safety or health of persons occupying or frequenting it, including a danger of settlement, movement, disintegration or collapse, whether such danger arises from the method or materials of construction, from equipment installed therein for the purpose of lighting, heating, transmission or utilization of electric current, from obsolescence or deterioration or from location or otherwise.
- Any dwelling or non-residential structure or part thereof or any fixture or facility required therein not in such physical condition as to safely perform the service or services for which it was designed or intended.
- ZONING LAW
- The zoning law of the City as set forth in Title IV of this Code.
[CC 2000 §8-5-2; CC 1974 §§5-39, 5-41]
Interpretation. The conditions and requirements set forth in this Chapter shall not be construed as amending, repealing or in any way modifying, expressly or by implication, any and all duly enacted ordinances of the City. It is the intent of the lawmakers that this Chapter be applicable to all non-residential structures regardless of the particular residential or non-residential use made of such structures. The conditions or requirements of any ordinance relating to such residential or non-residential use shall be fully complied with pursuant to such conditions and requirements. In the event there is a direct irreconcilable conflict between the conditions and requirements of this Chapter and any other duly enacted ordinance of the City, the more stringent conditions and requirements shall take precedence and such non-residential structures shall comply therewith.
Compliance With Provisions. It shall be the duty of the owners of non-residential structures to cause such structures to comply with this Chapter.
[CC 2000 §8-5-3; Ord. No. 722, 2-22-1988; Ord. No. 970, 3-15-1999; Ord. No. 1240, 12-15-2014]
Applicability Of Provisions To Business Occupancy. This Section shall not apply to any business occupancy in existence at the effective date hereof until such time as a change in occupancy occurs or a change in the type of business performed occurs.
Transfer Of Ownership. It shall be unlawful for the owner of any business, commercial or industrial property 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 such dwelling unit or structure 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.
Inspection And Occupancy Permit Required. Except as otherwise provided, it shall be unlawful for any person to occupy or for any owner or agent thereof to permit the occupation of any business building or addition thereto or part thereof for any purpose until the enforcement official has done an inspection and issued an occupancy permit.
Permit And Inspection/Reinspection Fees. The fee for said occupancy permit shall be the sum of twenty-five dollars ($25.00) for each building or area of the building occupied by any person. In addition to the occupancy permit fee of twenty-five dollars ($25.00), there shall be a fee of one hundred dollars ($100.00) per inspection of the business premises, and twenty-five dollars ($25.00) for each reinspection.
Business License Required. Before an occupancy permit can be obtained, a person must apply for and be issued a business license.
Issuance. Once the building complies with the requirements of the Director of Minimum Housing, the occupancy permit must be issued within sixty (60) days, or it will be necessary to reinspect the building at the above fees.
[CC 2000 §8-5-4; CC 1974 §5-42; Ord. No. 717, 10-19-1987]
Conditional Use Of Non-Conforming Structures.
Conditions of issuance of occupancy permit.
A conditional occupancy permit may be issued by the enforcement official if, in his/her judgment, any deficiencies in structure covered by this Chapter would not seriously endanger the health or safety of the occupants or the community and, provided, that the occupant makes an affidavit stating that he/she will correct deficiencies within a specified time, in no event more than six (6) months, and thus bring the structure into compliance with the provisions of this Chapter. The occupant may occupy the structure while repairs are being made. At the time such structure complies with all the provisions of this Chapter, an occupancy permit will be issued as provided above. In no event shall a conditional occupancy permit be issued if the interior of the structure is not brought completely up to Code.
Conditional occupancy permits may only be issued by the enforcement official if it applies to exterior work on the structure.
Bond required — funds escrowed. Prior to the issuance of any conditional occupancy permit provided in this Section or Subsection 510.120(G) of Chapter 510 where the cost of repairs is more than five hundred dollars ($500.00), the Director of Minimum Housing shall require a performance bond, funds escrowed with the title company or funds escrowed with the City; providing, that sufficient funds will be held to cover the costs of repairs and the funds will not be released until such time as the repairs have been made. In event the owner/occupier refuses to escrow the funds, a conditional occupancy permit shall not be issued. Any costs or expenses in obtaining bids, escrow costs or bond costs shall be borne by the person seeking the conditional occupancy permit.
Nuisance Declared. Any non-residential structure which fails to comply with the requirements set forth in this Chapter shall be deemed a nuisance and detrimental to the health, safety and welfare of the inhabitants of the City. In addition to any action taken by the City as herein set forth, failure to comply with the notice of declaration of nuisance within a reasonable time or failure to proceed continuously without a necessary delay will be punishable as provided in Section 510.150 of this Title.
[CC 2000 §8-5-5; CC 1974 §§5-43, 5-45, 5-48, 5-53; Ord. No. 704, 1-15-1987; Ord. No. 717, 10-19-1987; Ord. No. 769, 8-20-1990]
Landscaping And Area Not Landscaped.
All trees located within public property which may have been removed, damaged or destroyed as a result of construction shall be replaced at the expense of the party involved, except when replacement would interfere with the normal use of the building, business or manufacturing operation.
All trees, bushes or vegetation which overhang a public entrance shall be properly trimmed so as not to obstruct the movement of pedestrians or vehicles.
All areas which are not covered by vegetation and are subject to the blowing of dust shall be treated so as to prevent the blowing of dust.
All holes, pits, ditches and excavations, except natural watersheds whose diameter exceeds two (2) feet and a depth of one (1) foot, shall either be filled, covered or fenced in such a manner as to prevent injury to persons on premises.
Parking Lots, Driveways And Sidewalks.
All business and commercial parking lots and driveways shall be paved. All parking lots are to be striped to denote parking places for vehicles and all business and commercial parking lots, sidewalks and driveways used as public entrances shall be kept in a proper state of repair and free of snow, ice, mud and other debris. If any parking lot, sidewalk or driveway or portion thereof, by virtue of its state of repair, shall constitute a danger to public health and safety, the lot, sidewalk or driveway or portion thereof shall be replaced.
It shall be unlawful for any person to park vehicles on an area that is not paved as set out in this Subsection. This Subsection applies to the owner and/or operator of the vehicle and to the owner of the real estate on which the vehicle is parked.
Drainage. All portions of a premises shall be graded so that there is no pooling of water.
Lighting Of Buildings Or Parking Lots. The owner/occupiers of any parking lots or commercial buildings in the City shall be prohibited from placing spotlights in such a way on their property that said spotlights directly shine on adjacent property without the consent of the adjacent landowner. All lights shall be directed in such a way that they shine downward and not on the property of another.
Screening Of Storage Or Salvage Yards. All open storage and open salvage yards shall be obscured by a privacy fence with fifty percent (50%) visibility, not less than eight (8) feet nor more than ten (10) feet in height.
Zone B District Requirements — Certain Activities To Be Enclosed.
Sale, display or storage of materials. Except as may be otherwise specifically provided herein, no tract of land, lot or premises located in the area defined as Zone B Commercial shall be used for the sale, display or storage of any merchandise, material, article or thing unless such merchandise, material, article or thing is kept within a building which is completely enclosed.
This Subsection shall not apply to equipment stored on premises and utilized on a daily basis or to vehicles and shall not apply to any dumpsters, garbage or trash cans as authorized by the Director of Public Works.
Residents living in areas designated as Zone B Commercial are not to be restricted by this Subsection. They shall have the same privileges and requirements as residents of Zone A.
Fences. All fences which may abut on a public street, alley or sidewalk or which may abut on any means of access of the premises shall be kept in a good state of repair. All fences shall be periodically treated with chemicals or paint so as to retard corrosion or rotting.
[CC 2000 §8-5-6; CC 1974 §§5-49 — 5-52, 5-54 — 5-57, 5-60 — 5-69; Ord. No. 717, 10-19-1987]
Maintenance And Waterproofing Of Structure. Every non-residential structure shall be kept in good repair and structurally sound by the owner. All wood, composition or metal siding shall be kept weatherproof and shall be properly surface coated when required to prevent deterioration.
Windows, Doors, Entrances And Screens.
Maintenance required. All windows, doors and entrances exposed to public view shall be kept clean and in a state of good repair.
Storage of materials in public view. No storage of materials, stock or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view.
Obstruction to view. No permanent blocking may be placed over windows of commercial buildings and all such buildings must have openings through which the interior of the building may be seen from the outside of the building.
Screening of interior. All screening of interiors shall be maintained in a clean and in a good state of repair.
Screens over windows and doors. All screens displayed or installed on window or door openings must be maintained in a state of good repair.
Stairways And Entrances For Business Or Employees. All stairways and entrances which may give access to the structure for employees or for business shall be kept in a good state of repair and shall be structurally sound. Any exterior stairway or entrance used by employees or for business shall be protected from the elements and against decay and rust by periodic application of a weather coating material or other protective treatment.
Access Between Floors And Rooms. All stairways, escalators, elevators, passageways and similar means of access between floors and rooms of non-residential buildings shall be maintained in a safe and sound condition, free of obstructions and capable of providing for the traffic load for proper ingress and egress. They shall be provided in sufficient number and location as to meet the maximum travel distance, fire protection standards and other provisions of Title IV of this Code.
Roofs And Gutters. The roof shall be waterproof and all rainwater shall be conveyed therefrom in a manner to prevent wet walls and so as not to create a nuisance to others. All gutters and downspouts shall be kept in good repair.
Wails, Foundations And Ceilings.
All foundations and 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.
The interior walls and ceilings of all non-residential structures shall be kept structurally sound, capable of safely supporting the imposed loads upon them, free of cracks and breaks, loose plaster or covering and maintained in a clean and sanitary manner.
Exterior Surfaces — Street Numbers.
All commercial construction or any exterior rehabilitation in areas B Commercial, C Multiple Dwelling or D Industrial shall be rock, stone or masonry.
Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in arabic numerals at least three (3) inches (76 mm) high and one-half (½) inch (13 mm) stroke.
Floors. Floors shall be kept structurally sound and capable of supporting the imposed loads without undue deflection. They shall be maintained at all times in a condition so as to be smooth, level, clean and free from breaks, cracks or other unsafe conditions.
Chimneys, Cooling Towers, Etc. All chimneys, cooling towers, smokestacks 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 material or similar surface treatment.
Aisle Space And Exits. Aisle space and exits must comply with ADA Handbook (ADAG) January 13, 1998.
Basements And Basement Rooms. All basements and basement rooms shall be maintained dampproof and dry. Floors in non-residential buildings shall be made of concrete and proper drainage shall be provided to prevent backflooding. Such spaces and rooms where used for the employment of persons shall be provided with sufficient light, ventilation and sanitation so as not to endanger health and safety.
Toilet And Lavatory Facilities.
Every non-residential building regularly used or occupied by persons shall be provided with toilet and lavatory facilities as provided in this Subsection; except, that all buildings not over fifty (50) square feet in floor area used for shelter in connection with the operation of parking lots, storage lots, kiosks, watchman stations or similar uses shall not be required to have such facilities if such facilities are otherwise conveniently available to workers using such buildings and are also used at all times.
All toilet facilities and toilet rooms shall be kept neat and clean at all times. The toilet room walls and ceilings shall be provided with smooth surfaces and where paint is used as the surface coating, it must be maintained and painted as is necessary for cleanliness.
Floors in such rooms must be of non-absorbent materials, such as concrete, brick, tile, vinyl or asphalt tile or similar surface materials.
Toilet paper shall be provided with each toilet facility. Soap shall be provided with each lavatory. Individual towels or other means of drying shall be provided for lavatories. No common towel shall be used.
Plumbing Requirements. All plumbing and plumbing fixtures shall be maintained in a safe and usable condition.
Compliance with Electrical Code. All insulated conductors and all additions or alterations of wiring and electrical fixtures required to be installed to conform to the requirements of this Chapter shall be installed as provided in the Electrical Code as enforced by the County authorities.
Minimum service. The minimum service for power installed in non-residential buildings shall be capable of delivering one hundred (100) amperes of electric current from the power source. Sufficient circuits shall be installed to various parts of the building to prevent overloading and overfusing.
Heat Requirements. Where persons are employed in duties and operations in an enclosed space or room within non-residential buildings and not engaged in active physical activity, sufficient heat shall be provided in such spaces or rooms during normal working hours.
Ventilation Requirements. Natural or artificial ventilation shall be provided to ensure a comfortable and healthful atmosphere throughout the establishment. In all cases where any process permits and where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are evolved by such process, local exhaust ventilation shall be provided to remove the contaminating agent at the source of its evolution so that it is not allowed to permeate the general atmosphere of the workroom.
All gas-burning unit heaters and water heaters installed in rooms or enclosed spaces within non-residential buildings shall be vented to the outside air by means of smokepipe or flue.
No person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate waste so as to discharge such waste upon property not in such person's actual possession or custody.
In all cases, injurious, toxic, irritating or noxious fumes, dusts, gases or mists shall be prevented from reaching a concentration whereby toxic effects to persons exposed may arise nor shall the threshold limit be exceeded. "Threshold limit" shall mean the maximum average concentration of contaminating substance in the workroom atmosphere which can be tolerated by man with no bodily discomfort or impairment of bodily function, either immediately or after years of exposure.
If, in the judgment of the Director of Minimum Housing, the threshold limits and their interpretations adopted by the American Conference of Governmental Industrial Hygienists are reasonable, he/she may use such values in the enforcement of this Chapter. Where removal of contaminating substances, as provided above, is impossible because of the nature of the process, suitable protective clothing and devices shall be provided to exposed persons.
Overhanging And Extending Structures.
Maintenance and anchorage. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhanging extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition.
No window air-conditioners installed over the public sidewalk within ten (10) feet above grade shall extend more than twelve (12) inches on or above such public sidewalk. In alleyways and thoroughfares, no window air-conditioner shall extend more than twelve (12) inches on or above such alleyway or thoroughfare within fourteen (14) feet above grade.
All air-conditioners shall be maintained in a safe mechanical and electrical condition.
[CC 2000 §8-5-7; CC 1974 §§5-58, 5-70]
Compliance With Fire District Requirements. All uses of dwellings and non-residential buildings must meet the standards of the fire safety requirements set by the fire district.
Fire Extinguishers. All non-residential structures with two thousand five hundred (2,500) square feet of floor space shall be provided with at least one (1) two and one-half (2½) gallon capacity chemical- or water-type fire extinguisher bearing the label of the Underwriters' Laboratory and an additional extinguisher shall be provided for each additional two thousand five hundred (2,500) square feet of floor space. Such extinguishers shall be hung in the enclosed public hall or open room at a convenient height in a place accessible from within the structure for emergency at all times. All extinguishers shall be examined closely.
Storage Of Flammable Liquids. All paints, varnishes and other flammable liquids in unsealed cans, when kept within the building, not exceeding ten (10) gallons will be governed by jurisdiction of the fire district and/or OSHA.
[CC 2000 §8-5-8; Ord. No. 769, 8-20-1990]
No person operating a business in Zone B Commercial shall be authorized to perform services or work on any items outside of his/her enclosed building for a period of not more than one-half (½) hour in any twenty-four (24) hour time frame, except for maintenance on the building, parking lot or accessory items to the building such as signs.