[Ord. No. 34-1996, § 1, 3-19-1996]
A certain document, designated as the BOCA National Property Maintenance Code, fifth edition, 1996, as published by the Building and Code Administrators International, Inc., is hereby adopted as the property maintenance code of the City, for the control of buildings and structures as provided in this article, and each and all of the regulations, provisions, penalties, conditions and terms of such BOCA National Property Maintenance Code are hereby referred to, adopted, and made a part of this article as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in section 74-122. One copy is on file in the office of the City Clerk, code enforcement officer and City manager.
[Ord. No. 34-1996, § 3, 3-19-1996; Ord. No. 25-2005, 12-7-2004]
The property maintenance code adopted in section 74-121 is amended as follows:
(a)
Chapter 1 (section 100.0), Administration, is amended
to read as follows:
Section PM-101.0. Scope.
PM-101.1. Title. These regulations shall be
known as the Property Maintenance Code of the City of Belfast, hereinafter
referred to as "this code."
PM-101.2. Scope. This code is to protect the
public health, safety and welfare in all existing structures, residential
and nonresidential, and on all existing premises by establishing minimum
requirements and standards for premises, structures, equipment, and
facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards,
and for safe and sanitary maintenance, fixing the responsibility of
owners, operators, property managers and occupants, regulating the
occupancy of existing structures and premises, and providing for administration,
enforcement and penalties.
PM-101.3. Intent. 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.
PM-101.4. Referenced standards. The standards
referenced in this code and listed in chapter 8 shall be considered
part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of
this code and referenced standards, the provisions of the more restrictive
code shall apply.
PM-101.5. 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 structure which is dangerous,
unsafe and unsanitary.
PM-101.6. Workmanship. All repairs, maintenance
work, alterations or installations which are caused directly or indirectly
by the enforcement of this code shall be executed and installed in
a workmanlike manner.
PM-101.7. Application of other codes. Any repairs,
additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the building, plumbing and mechanical codes and NFPA 70 listed in
chapter 8.
Section PM-102.0. Validity.
PM-102.1. Validity. If any section, subsection,
paragraph, sentence, clause or phrase of this code shall be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this code, which shall continue in full
force and effect, and to this end the provisions of this code are
hereby declared to be severable.
PM-102.2. Saving clause. This code shall not
affect violations of any other ordinance, code or regulation existing
prior to the effective date hereof, and any such violations shall
be governed and shall continue to be punishable to the full extent
of the law under the provisions of those ordinances, codes or regulations
in effect at the time the violation was committed.
Section PM-103.0. Maintenance.
PM-103.1. Required. All equipment, systems,
devices and safeguards required by this code or a previous statute
or code for the structure or premises when erected or altered shall
be maintained in good working order. 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.
Section PM-104.0. Approval.
PM-104.1. Approved materials and equipment. All materials, equipment and devices approved by the code official
shall be constructed and installed in accordance with such approval.
PM-104.2. Modifications. When there are practical
difficulties involved in carrying out the provisions of this code,
the code official shall have the right to change or modify such provisions
upon application of the owner or the owner's representative,
provided that the spirit and intent of the law is observed and that
the public health, safety and welfare is ensured.
PM-104.2.1. Records. The application for modification
and the final decision of the code official shall be in writing and
shall be officially recorded with the application for the permit in
the permanent records of the department of building inspection.
PM-104.3. Material and equipment reuse. Materials,
equipment and devices shall not be reused unless such elements have
been reconditioned, tested and placed in good and proper working condition
and approved.
PM-104.4. Alternative materials and equipment. The provisions of this code are not intended to prevent the installation
of any material or 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
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 and methods of work offered are, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
PM-104.5. Research and investigations. Sufficient
technical data shall be submitted to substantiate the proposed installation
of any material or assembly. If it is determined that the evidence
submitted is satisfactory proof of performance for the proposed installation,
the code official shall approve such alternative subject to the requirements
of this code.
Section PM-105.0. Duties and powers of the code official.
PM-105.1. General. The code official shall
enforce all of the provisions of this code.
PM-105.2. Notices and orders. The code official
shall issue all necessary notices or orders to ensure compliance with
the code.
PM-105.3. Right of entry. The code official
is authorized to enter the structure or premises at reasonable times
to inspect, subject to constitutional restrictions on unreasonable
searches and seizures. If entry is refused or not obtained, the code
official is authorized to pursue recourse as provided by law.
PM-105.4. Access by owner or operator. Every
occupant of a structure or premises shall the give the owner or operator
thereof, or his agent or employee, access to any part of such structure
or 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.
PM-105.5. Identification. The code official
shall carry proper identification when inspecting structures or premises
in the performance of duties under this code.
PM-105.6. 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 inspection 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 they are issued. A department
shall not, however, delay the issuance of any emergency orders.
PM-105.7. (Deleted.)
PM-105.8. Organization. The code official shall
appoint such number of officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this code and as authorized by the appointing authority. The code
official is authorized to designate an employee as deputy, who shall
exercise all the powers of the code official during the temporary
absence or disability of the code official.
PM-105.9. Restriction of employees. Any official
or employee connected with the enforcement of this code, except one
whose only connection is that of a member of the zoning board of appeals
established under the provisions of section PM-121.0, shall not be
engaged in, or directly or indirectly connected with, the furnishing
of labor, material or appliances for the construction, alteration
or maintenance of a building, or the preparation of construction documents
therefor, unless that person is the owner of the building, nor shall
such officer or employee engage in any work that conflicts with official
duties or with the interests of the department.
PM-105.10. Relief from personal responsibility. The code official, officer or employee charged with the enforcement
of this code, while acting for the jurisdiction, shall not thereby
be rendered liable personally, and is hereby relieved from all personal
liability for any damage occurring to persons or property as a result
of any act required or permitted in the discharge of official duties.
Any suit instituted against an 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 the final termination of
the proceedings. The code official or any subordinate shall not be
liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
department of building inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
PM-105.11. 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 according to reasonable
rules to maintain the integrity and security of such records.
Section PM-106.0. Violations.
PM-106.1. Unlawful acts. It shall be unlawful
for any person, firm or corporation to erect, construct, alter, extend,
repair, remove, demolish or occupy any building or structure or equipment
regulated by this code, or cause such acts to be done, in conflict
with or in violation of any of the provisions of this code.
PM-106.2. Notice of violation. The code official
shall serve a notice of violation or order on the person responsible
for the erection, construction, alteration, extension, repair, removal,
demolition or occupancy of a building or structure in violation of
the provisions of this code or in violation of a detail statement
or a plan approved thereunder, or in violation of a permit or a certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and abatement
of the violation.
PM-106.3. Prosecution of violation. If the
notice of violation is not complied with promptly, the code official
shall request the legal counsel of the jurisdiction to institute the
appropriate proceeding at law or in equity to restrain, correct or
abate such violation or to require the removal or termination of the
unlawful occupancy of the building or structure in violation of the
provisions of this code or of the order or direction made pursuant
thereto.
Section PM-107.0. Notices and orders.
PM-107.1. 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 grounds to believe that a violation has occurred,
notice shall be given to the owner, the property manager or the person
or persons responsible therefor in the manner prescribed in sections
PM-107.2 and PM-107.3. Notices for condemnation procedures shall also
comply with section PM-108.3.
PM-107.2. Form. Such notice prescribed in section
PM-107.1 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 the notice
is being issued; and
4. 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.
PM-107.3. Method of service. Such notice shall
be deemed to be properly served if a copy thereof is (a) delivered
to the owner or property manager personally, or (b) sent by certified
or registered mail addressed to the owner at the last known address
with return receipt requested. If the certified or registered letter
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 such notice. Service of such notice in the foregoing manner upon
the owner's agent or upon the person responsible for the structure
shall constitute service of notice upon the owner.
PM-107.4. Penalties. Penalties for noncompliance
with orders and notices shall be as set forth in section PM-116.4.
PM-107.5. 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 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.
Section PM-108.0. Unsafe structures and equipment.
PM-108.1. General. When a structure or equipment
is found by the code official to be unsafe, or when a structure is
found unfit for human occupancy, or is found unlawful, such structure
shall be condemned pursuant to the provisions of this code.
PM-108.1.1. Unsafe structure. 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 such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe, or of such faulty construction
or unstable foundation, that partial or complete collapse is likely.
PM-108.1.2. Unsafe equipment. Unsafe equipment
includes any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid container or other equipment
on the premises or within the structure which is in such disrepair
or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure.
PM-108.1.3. Structure unfit for human occupancy. A structure is unfit for occupancy whenever the code official finds
that such structure is unsafe, is unlawful or, because of the degree
to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin- or ratinfested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
PM-108.1.4. Unlawful structure. An unlawful
structure is one found in whole or in part to be occupied by more
persons than permitted under this code, or which was erected, altered
or occupied contrary to law.
PM-108.2. Closing of vacant structures. If
the structure is vacant, is 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 not to be an attractive nuisance. Upon
failure of the owner and/or property manager to close up the premises
within the time specified in the order, the code official shall cause
the premises to be closed 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
and shall be a lien upon such real estate.
PM-108.3. Notice. Whenever the code official
has condemned a structure or equipment under the provision of this
section, notice shall be posted in a conspicuous place in or about
the structure affected by such notice and served on the owner and/or
property manager or the person or persons responsible for the structure
or equipment in accordance with section PM-107.3. The notice shall
be in the form prescribed in section PM-107.2.
PM-108.4. Placarding. Upon failure of the owner
or person responsible to comply with the notice provisions within
the time given, the code official shall post on the premises, or on
defective equipment, a placard bearing the word "Condemned" and a
statement of the penalties provided for occupying the premises, operating
the equipment or removing the placard.
PM-108.5. Prohibited occupancy. Any person
who shall occupy a placarded premises or shall operate placarded equipment,
and any owner and/or property manager or any person responsible for
the premises who shall let anyone occupy a placarded premises or operate
placarded equipment, shall be liable for the penalties provided by
this code.
PM-108.6. Removal of placard. 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. Any person who defaces or removes a condemnation
placard without the approval of the code official shall be subject
to the penalties provided by this code.
Section PM-109.0. Emergency measures.
PM-109.1. Imminent danger. When, in the opinion
of the code official, there is imminent danger of failure or collapse
of a building or structure or any part thereof which 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 the proximity
of any structure because of explosive fumes or vapors or the presence
of toxic fumes, gases or materials, or 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.
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." 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 structure.
PM-109.2. Temporary safeguards. Notwithstanding
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 such emergency.
PM-109.3. Closing streets. When necessary for
the public safety, the code official shall temporally close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures, and
prohibit them from being utilized.
PM-109.4. Emergency repairs. For the purposes
of this section, the code official shall employ the necessary labor
and materials to perform the required work as expeditiously as possible.
PM-109.5. Costs of emergency repairs. Costs
incurred in the performance of emergency work shall be paid from the
treasury of the jurisdiction on approval of the code official. The
legal counsel of the jurisdiction shall institute appropriate action
against the owner of the premises where the unsafe structure is or
was located for the recovery of such costs.
PM-109.6. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the zoning board of appeals, be afforded a hearing as described in the process for an administrative appeal, chapter 102, Zoning, article II, Administration, division 4, Appeals and Variances.
Section PM-110.0. Demolition.
PM-110.1. General. The code official shall
order the owner of any premises upon which is located any structure
which, in the code official's judgment, is so old, dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy that it is unreasonable
to repair such structure, to raze and remove such structure; or, if
such structure is capable of being made safe by repairs, to repair
and make safe and sanitary or to raze 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 two years, to raze and
remove such structure.
PM-110.2. Order. All notices and orders shall
comply with section PM-107.0.
PM-110.3. Failure to comply. If the owner of
any premises fails to comply with a demolition order within the time
prescribed, the code official shall cause the structure to be razed
and removed, either through an available public agency or by contract
or arrangement with private persons, and the cost of such razing and
removal shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
PM-110.4. Salvage materials. When any structure
has been ordered razed and removed, the governing body or other designated
officer under the contract or arrangement aforesaid shall have the
right to sell the salvage and valuable materials at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses
of such razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the
amounts deducted, for the person who is entitled thereto, subject
to any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
Section 121.0. Means of appeal.
121.1. Application for appeal. Any person shall have the right to file an administrative appeal of a decision of the code enforcement officer to the zoning board of appeals as established in article VI, section 11 of the Charter, and in accordance with provisions stipulated in chapter 102, Zoning, article II, Administration, division 4, Appeals and Variances.
121.2. Provision is deleted.
121.3. The zoning board of appeals is specifically
prohibited from giving consideration to the granting of a variance
from the provisions of this code.
121.4. Provisions is deleted.
(b)
Section PM-301.2, Responsibility, is amended as
follows: insert after "premises" in the first line: "and the property
manager."
(c)
Section PM-302.1, Definitions, is amended by adding
the following:
PERSON — An individual, partnership,
property owner, property manager or any other group acting as a unit.
PROPERTY MANAGER — Shall be
a person, corporation, partnership or any other group acting as a
unit that receives compensation or anything of value on an ongoing
basis, for providing services in whole or in part related to the maintenance,
operation, safety, repair, collection of rents, or procurement of
and/or removal of tenants relating to rental units which are rented
within the City. This shall not relate to independent contractors
or workmen employed solely for providing sporadic maintenance services.
(d)
Section PM-304.15 is amended by inserting "May 1
to September 10."
(e)
Section PM-602.2.1 is amended by inserting "October
1 to May 15."
(f)
Section PM-602.3 is amended by inserting "October
1 to May 15."
