[R.O. 2009 § 505.020; Ord. No. 3620 § 1, 7-28-2016]
A.
Title. These regulations shall be known
as the Existing Structures Code of the City hereinafter referred to
as the Existing Structures Code or "this Code."
B.
Scope. This Code is to protect the health,
safety and welfare of the City's residents in and around all existing
structures, whether residential and non-residential, and on all existing
premises, by establishing:
1.
Minimum 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;
2.
Regulations 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;
3.
The responsibilities of owners; operators
and occupants of all structures; and
4.
Procedures for administration, enforcement
and penalties.
C.
Intent. This Code shall be construed liberally
and justly to ensure public health, safety and welfare insofar as
they are affected by the continued use and maintenance of structures
and premises.
D.
Severability. If a Section, Subsection,
sentence, clause or phrase of this Code is, for any reason, held to
be unconstitutional, such decision shall not affect the validity of
this Code.
[R.O. 2009 § 505.030; Ord. No. 3620 § 1, 7-28-2016]
A.
General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 505.020. Where, in a specific case, different Sections of this Code specify different requirements, the most restrictive shall govern.
B.
Maintenance. Except as otherwise noted
herein, the owner or the owner's designated agent shall be responsible
for the maintenance of structures and premises.
C.
Application Of Other Regulations. Any repairs
or alterations to a structure which are caused directly or indirectly
by the enforcement of this Code shall be done in accordance with the
procedures and provisions of the City's Building Code. Nothing in
this Code shall cancel, modify or set aside the City's Zoning Code.
D.
Existing Remedies. The provisions in this
Code shall not be construed to abolish or impair existing remedies
of the City or its officers or agencies relating to the removal or
demolition of any structures which are dangerous, unsafe and unsanitary.
E.
Workmanship. All 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.
F.
Alterations Or Repairs. Exterior alterations
or repairs to any structure shall be performed in conformance with
all applicable, current regulations and Building Codes for a new structure;
provided that such exterior alterations and/or repairs shall not cause
the remainder of the existing structure to be required to be brought
into compliance with all the requirements of the Code for new construction.
No exterior alterations or repairs may be undertaken in a way that
causes an existing structure to become unsafe or adversely affects
the performance of the structure. 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.
G.
Other Ordinances. This Code establishes
minimum exterior requirements for 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.
H.
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.
[R.O. 2009 § 505.040; Ord. No. 3620 § 1, 7-28-2016]
A.
General. It shall be the duty and responsibility
of the Code Official to enforce the provisions of this Code as herein
provided.
B.
Inspections. For the safety, health and
welfare of the public, the Code Official in compliance with all applicable
laws may enter upon any premises at any reasonable time for the purpose
of making inspections and performing duties under this Code.
1.
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.
2.
Right Of Entry. If any owner, occupant,
operator or other person in charge of a structure subject to the provisions
of this Code refuses entry and free access to any exterior part of
the premises where inspection authorized by this Code is sought, the
Code Official for good cause shall be permitted to seek from the Municipal
Court or other court of competent jurisdiction, an administrative
search warrant to allow entry onto the premises for inspection of
any exterior feature or area not freely observable from the public
right-of-way or other adjacent property.
C.
Credentials. The Code Official shall display
proper official credentials for the purpose of inspecting the exterior
of any and all structures and premises in the performance of duties
under this Code.
D.
Relief From Personal Liability. Any Code
Official, officer or employee of the City who acts in good faith,
without malice and within the scope 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
City in the enforcement of this Code. In any of these actions, the
official or employee shall be defended or represented by the City's
attorney at law until the final termination of the proceedings. Nothing
herein is intended as, nor shall be deemed, a waiver of the City's
sovereign immunity which sovereign immunity is expressly reserved.
E.
Notices And Orders. The Code Official shall
issue all necessary notices and orders to abate illegal or unsafe
conditions to ensure compliance with this Code's requirements for
the safety, health and general welfare of the public.
[R.O. 2009 § 505.050; Ord. No. 3620 § 1, 7-28-2016]
A.
Approved Materials. All approved materials
shall be constructed and installed in accordance with such approval.
B.
Used Materials. Building materials shall
not be reused unless they have been reconditioned and approved for
use.
C.
Alternative Materials. 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.
D.
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. 2009 § 505.060; Ord. No. 3620 § 1, 7-28-2016]
A.
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,
operator or other person or persons responsible therefore in the manner
prescribed below.
B.
Form Of Notice. Except where otherwise provided, any notice required under this Chapter 505 shall:
1.
Be in writing;
2.
Include a description of the real
estate sufficient for identification;
3.
Include a statement of the reason
or reasons why it is being issued. If the owner of the property does
not also occupy the property, any notice of violation(s) directed
to the property owner shall enumerate the specific violation or violations
then existing on the property at the time of the notice;
4.
Include a correction order allowing
a reasonable time for the repairs and improvements required to bring
the dwelling unit, structure or premises into compliance with the
provisions of this Code; and,
5.
Include an explanation of the owner's
right to seek modification or withdrawal of the notice by petition
to the Appeals Board.
C.
Method Of Service. Service shall be deemed
proper if the notice is:
1.
Delivered personally;
2.
Sent by certified or First-Class
Mail addressed to the owner at the last known address (notices directed
to a non-occupant property owner may be sent by First Class Mail to
the last known address of such owner); or
3.
If the notice is returned showing
that the letter was not delivered, a copy thereof shall be posted
in a conspicuous place on or about the structure or premises affected
by such notice.
D.
Transfer Of Ownership. It shall be unlawful
for the owner of any dwelling unit, structure or premises who has
received a notice of violation or upon whom such notice has been served
to sell, transfer, mortgage, lease or otherwise dispose of to another
until such owner has first furnished the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the Code Official and furnished 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.
E.
If the person (or persons) served with notice fails to comply with the correction order within a reasonable time as established by the Code Official taking into account the extent of work anticipated to be necessary to bring the structure or premises into compliance but not less than ten (10) days of receiving notice, the Code Official shall take such action as authorized in Section 505.070.
[R.O. 2009 § 505.070; Ord. No. 3620 § 1, 7-28-2016]
A.
Unlawful Acts. It shall be unlawful for
any person to erect, construct, alter, extend, repair, remove, demolish,
use or occupy any structure or premises 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, or fail to timely comply with
a lawful notice or correction order of the Code Official, or to remove
or deface a placard or notice posted under the provisions of this
Code.
B.
Penalty. In case any notice of violation is not promptly complied with, the Code Official shall request the City Prosecutor to institute an appropriate action for violation of this Code. Any person who shall violate any provision of this Code shall, upon conviction thereof, be punished as set out in Section 100.120 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.
C.
Corrective Action. In addition, or as an alternative to the action authorized in Subsection (B) above, the Code Official may ask the City Attorney or Prosecutor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
1.
To restrain, correct or remove the
violation or refrain from any further execution of work;
2.
To restrain or correct the erection,
installation, or alteration of such structure;
3.
To require the removal of work in
violation; or,
4.
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, permit or certificate was issued.
[R.O. 2009 § 505.080; Ord. No. 3620 § 1, 7-28-2016]
A.
Modifications. When there are demonstrated
practical difficulties involved in carrying out structural provisions,
upon application of the owner or the owner's representative, the Appeals
Board shall have the authority to grant modifications for individual
cases, provided that the spirit and intent of the law shall be observed
and public welfare and safety assured.
B.
Appeal Of Code Official Action. Any person
aggrieved by any notice for corrective action 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 Community Development office a written petition requesting such
hearing containing a statement of grounds therefore within twenty
(20) days after the day the notice was served.
C.
Appeals Board. The Appeals Board shall
hear all appeals relative to the enforcement of this Code.
1.
Vote. The Appeals Board is empowered
to hear and decide 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 confirmation of the decision of the Code Official.
2.
Financial Interest. A member of the
Appeals 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.
