DIVISION 6. - NONRESIDENTIAL STANDARDS

Subdivision I. - Generally#

Secs. 4-296—4-310. - Reserved.#

Subdivision II. - Responsibilities of Occupant#

Sec. 4-311. - Applicability of this subdivision.#

The provisions of this subdivision shall pertain to the responsibilities of owners, operators and occupants of nonresidential structures and their premises.

(Rev. Ords. 1987, § 4-311)

Sec. 4-312. - Sanitation.#

All parts of the premises under the control of the occupant or operator shall be kept in a clean and sanitary condition.

(Rev. Ords. 1987, § 4-312)

Sec. 4-313. - Elimination of infestation.#

Every operator shall be responsible for the elimination of infestation in and on the premises subject to his control.

(Rev. Ords. 1987, § 4-313)

Cross reference— Rodent control generally, § 7-26 et seq.

Secs. 4-314—4-325. - Reserved.#

Subdivision III. - Maintenance#

Sec. 4-326. - Compliance with requirements of this subdivision.#

No person shall occupy as owner-occupant or permit to be occupied by another any nonresidential structure which does not comply with the requirements of this subdivision.

(Rev. Ords. 1987, § 4-326)

Sec. 4-327. - Landscaping.#

All owners of nonresidential structures shall comply with this division and other landscaping requirements of this Revision. All trees located within public property which may have been caused to be removed, damaged or destroyed as a result of construction shall be replaced at the expense of the adjoining owner except when replacement would interfere with the normal course of the 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 whose diameter or length exceeds two feet and whose depth is one foot or more shall either be filled, covered or fenced in such a manner as to prevent injury to persons on premises. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where constituting a blighting factor depreciating adjoining property and impairing the good character of the neighborhood.

(Rev. Ords. 1987, § 4-327)

Sec. 4-328. - Driveways, sidewalks and parking lots.#

(a)

All sidewalks and driveways used as a public entrance shall be kept in a proper state of repair and free of all snow, ice, mud and other debris. If any sidewalk, driveway or parking lot or any portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk, driveway, or parking lot or portion thereof shall be replaced.

(b)

The installation or construction of a new driveway or parking lot shall consist of six inches of processed gravel; 1½ inches of binder asphalt; and 1½ inches of finished asphalt. The repair or resurfacing of an existing driveway or parking lot must consist of a minimum of 1½ inches of asphalt overlay.

(Rev. Ords. 1987, § 4-328)

Cross reference— Streets and sidewalks, ch. 14.

Sec. 4-329. - Drainage.#

All portions of a premises shall be so graded that there is no pooling of water. All condensate and waste cooling water shall be discharged to the sewer system and shall not be discharged to the ground surface.

(Rev. Ords. 1987, § 4-329)

Sec. 4-330. - Garbage disposal.#

(a)

All nonresidential structures shall be maintained in compliance with chapter 6 of this Revision.

(b)

The operator of every establishment from the use of which arises, garbage, vegetable wastes or other putrescible materials shall provide and at all times cause to be used metal containers which shall be leakproof and provided with close fitting covers for the storage of such materials until removed from the premises for disposal. No such materials shall be stored, placed or allowed to be accumulated on the ground or on a floor or pavement or in any other place except in such containers. Sufficient containers shall be provided to hold all such waste materials accumulated between disposal times.

(c)

The operator shall make private arrangements to have such wastes which have strong objectionable odors or consist of offal, blood or other odorous food processing wastes disposed of and such disposal shall be carried out daily.

(Rev. Ords. 1987, § 4-330)

Cross reference— Garbage and refuse, ch. 6.

Sec. 4-331. - Dumpsters, trash containers.#

(a)

The operator or owner of every establishment of which the use necessitates the need for a dumpster or trash container to dispose of waste or materials other than putrescent matter, shall provide a covered container. No material or waste shall be allowed to be accumulated on the ground or allowed to overflow the dumpster. The operator or owner of the establishment shall make private arrangements to have the container emptied, with a schedule that shall assure that at no time the container will be allowed to overflow. All containers shall be in good operating condition, such as tops or doors operating with ease and a periodic painting schedule to eliminate an unsightly condition.

(1)

The owner and occupant of any dwelling shall be deemed to have allowed an unsanitary condition and a nuisance to exist whenever garbage, trash or debris at the dwelling is not contained, with the exception of roll-off container.

(b)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a violation notice in writing to any operator or owner of any establishment that such owner or operator has caused a container to overflow, become inoperable or unsightly, such owner or operator shall be granted three days to have the dumpster emptied and/or repaired. Failure to comply with the violation notice will result in a $50.00 fine for each day the violation exists until the violation has been rectified.

(c)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a second violation notice, within three months of the first violation notice, to the operator or owner of the establishment that he/she has caused a trash container to overflow, become inoperable or unsightly they shall be fined $100.00 for each day the violation exists, until the violation has been rectified.

(d)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a third violation notice within six months of the first violation notice, to the operator or owner of the establishment that he/she has caused a trash container to overflow, become inoperable or unsightly. The fine for such violation of this section shall be $150.00 for each day the violation exists until the violation has been rectified. In addition, upon the third notice of violation, the director of the department of public works or his/her appointee can order that a six-foot stockade fence or other suitable fencing or enclosure be erected around three sides of the dumpster within 30 days of the third notice of violation.

(e)

Fencing or an enclosure will not be required if at the discretion of the director of the department of public works or his/her appointee, suitable land area is not available or that an enclosed dumpster will eliminate required parking spaces previously required by the zoning board of review, or that the enclosure would be within five feet of a property line. The director of the department of public works or his/her appointee shall then require that the dumpster be removed from the property within five days, and that the operator or owner of the establishment obtain metal containers with tightly fitted weatherproof metal covers. The approved metal containers shall be placed in an inconspicuous place on the property under the direction of the director of the department of public works or his/her appointee. Approved-type metal containers can and may be requested upon the first complaint of a dumpster overflowing, if in the opinion of director of the department of public works or his/her appointee, a dumpster will not conform with the intent of this section. Metal-type containers must be emptied before they overflow.

(Rev. Ords. 1987, § 4-331; Ch. 785, § III, 9-15-20)

Cross reference— Garbage and refuse, ch. 6.

Sec. 4-332. - Hazardous wastes storage and disposal.#

All accumulations of hazardous wastes (defined in section 19-1) at industrial or business establishments resulting from the manufacture, storage, and sale of any items shall be covered and secure from spilling off the site of the designated storage areas or from leaching into the ground under all weather conditions. Storage and disposal of hazardous wastes shall be in accordance with the Code of Federal Regulations, Title 40, Parts 262 and 265, as amended, state hazardous waste management regulations as amended and with sections 6-33 and 19-175.

(Rev. Ords. 1987, § 4-332)

Cross reference— Fire prevention, ch. 5; garbage and refuse, ch. 6.

Sec. 4-333. - Noxious weeds; overgrown yard; leaves; brush and debris.#

(a)

The owner or occupant of any land upon which there is any fallen or dead leaves; poisonous ivy; Jamestown, Jimson weed, or poisonous or dangerous weed or any wild growing weeds; shall cause such weeds/leaves to be removed within three days after receiving notice to do so from the chief inspector. "Weeds" means vegetation of such nature, which has reached such growth, and is present in such quantity, that it constitutes a substantial risk of one or more of the following hazards:

(1)

The vegetation, when dry, is or will be a fire hazard.

(2)

The vegetation is, or is naturally suited as a sheltering or breeding place for rats, mice, mosquitoes or other vermin or noxious insects.

(3)

The vegetation overgrows or spreads, over any road, alley, path, or sidewalk owned or open to the public to such extent as to obstruct, impede or interfere with the safe or convenient use or maintenance thereof.

(b)

The owner or occupant of any land upon which there exists overgrown vegetation that is more than six inches in height as measured from ground level shall cause such overgrown vegetation to be removed within three days after receiving notice so to do from the chief inspector. Overgrown vegetation shall mean grass, weeds, and other ground cover which has been allowed to be grown in an uncontrolled manner and are not regularly cared for and maintained.

(c)

The owner or occupant of any land upon which there exists natural debris shall cause such natural debris to be removed within three days after receiving notice so to do from the chief inspector. Natural debris shall mean yard clippings, leaves, branches or wood.

(d)

Whenever the owner or occupant fails to comply with an order to remove weeds, overgrown vegetation or natural debris and the city inspector determines that such weeds, overgrown vegetation or natural debris affects the health, safety and welfare of the surrounding neighborhood by eliminating a harbor for rodents, by decreasing dumping and littering, by eliminating fire hazards and by eliminating unsightly and unsanitary debris and by providing for the safe passage of pedestrians along sidewalk areas, the inspector may order the removal of the weeds, overgrown vegetation, or natural debris and access the whole cost incurred for such removal by imposing a lien on the property as provided or authorized by the law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs. The lien will not be removed until the city inspector has been fully reimbursed for the execution of the removal of the weeds, overgrown vegetation and natural debris. The owner or occupant will also be subject to a civil penalty of $25.00 for not complying with the order of removal.

(Rev. Ords. 1987, § 4-333; Ch. 24, § I, 5-19-98)

Sec. 4-334. - Rodent control and animal keeping.#

(a)

All nonresidential structures shall be maintained in compliance with sections 3-2, 3-6 and 3-31 and article II of chapter 7.

(b)

All premises and structures shall be maintained free of garbage, trash, debris or any material which would be conducive to infestation by mice, roaches or other insects or vermin.

(Rev. Ords. 1987, § 4-334)

Cross reference— Rodent control generally, § 7-26 et seq.

Sec. 4-335. - Storage areas.#

All open salvage yards and open storage as defined in section 19-1 shall be completely obscured from surrounding property by a solid screen not less than six feet in height.

(Rev. Ords. 1987, § 4-335)

Sec. 4-336. - Loading areas.#

All loading areas, automobile service stations and drive-in food establishments shall be paved with bituminous, concrete or equivalent surfacing, shall be free from dirt and other litter and shall be kept in good repair. When lighted for nighttime use, lights shall not be permitted to cast their direct light upon dwellings nearby.

(Rev. Ords. 1987, § 4-336)

Sec. 4-337. - Structures generally.#

Every nonresidential structure shall be kept in good repair and structurally sound by the owner. All wood, composition or metal siding shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.

(Rev. Ords. 1987, § 4-337)

Sec. 4-338. - Windows, doors, etc.#

All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materials, stock or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view unless such areas are first screened from the public view by drapes, venetian blinds or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in a clean and good state of repair. Items displayed for sale on the premises shall be exempt from the provisions of this section.

(Rev. Ords. 1987, § 4-338)

Sec. 4-339. - Screens.#

(a)

Beginning with May 1 and ending with October 31, all exterior openings on nonresidential structures shall be properly equipped with screens so as to prevent the entrance of flying insects, except as follows:

(1)

In industrial, commercial and manufacturing plants where no item for human consumption is being manufactured, stored, unsealed, processed or developed, provided that no material is exposed which might serve as a food or breeding medium for flying insects or as an attraction to flies.

(2)

Where air conditioning by refrigeration is provided with proper ventilation.

(3)

Where the nature of the operation or type of opening is such that screening is impractical and an effective fly repellant fan or air curtain is provided for the opening and operated when flying insects are present.

(b)

All screens shall be protected from the elements to prevent decay and rust by the periodic application of weather-coating.

(Rev. Ords. 1987, § 4-339)

Sec. 4-340. - Signs, billboards, etc.#

(a)

All permanent signs and billboards exposed to public view permitted by reason of other regulations as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall with their supporting members, be removed forthwith.

(b)

Except for "for rent" signs, any temporary signs or other paper advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected or within 60 days after erection whichever shall occur sooner, except that during the course of repairs or alterations, no more than 33⅓ percent of the square footage of any single window or window display area shall be devoted to signs or other temporary advertising material attached to such window or otherwise exposed to public view.

(Rev. Ords. 1987, § 4-340)

Sec. 4-341. - Storefronts.#

All storefronts shall be kept in good repair, shall be painted where required and shall not constitute a safety hazard or nuisance. If repairs to a storefront become necessary, such repairs shall be made with the same or similar materials used in the construction of the storefront in such a manner as to permanently repair the damaged area. Any cornice visible above a storefront shall be kept painted where required and in good repair.

(Rev. Ords. 1987, § 4-341)

Sec. 4-342. - Fences.#

All fences on the premises shall be kept in a good state of repair and shall be periodically treated with chemicals or paint so as to retard corrosion or rotting.

(Rev. Ords. 1987, § 4-342)

Sec. 4-343. - Stairways and entrances.#

(a)

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 structurally sound and properly lighted in accordance with the requirements of the building code.

(b)

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.

(Rev. Ords. 1987, § 4-343)

Sec. 4-344. - Roofs.#

The roof shall be maintained weatherproof and all rainwater shall be conveyed therefrom in a manner to prevent wet walls and so as not to create a nuisance to others.

(Rev. Ords. 1987, § 4-344)

Sec. 4-345. - Walls and foundations.#

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 so as not to be detrimental to public safety and welfare.

(Rev. Ords. 1987, § 4-345)

Sec. 4-346. - Chimneys.#

All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair, and 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 such as paint or similar surface treatment.

(Rev. Ords. 1987, § 4-346)

Sec. 4-347. - Floors.#

Floors shall be maintained 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 of breaks, cracks or other unsafe condition.

(Rev. Ords. 1987, § 4-347)

Sec. 4-348. - Walls and ceilings.#

The interior walls and ceilings of all nonresidential structures shall be kept structurally sound, capable of safely supporting the imposed loads upon them and free of cracks and breaks, loose plaster or covering and shall be maintained in a clean, safe and sanitary manner.

(Rev. Ords. 1987, § 4-348)

Sec. 4-349. - Basements.#

All basements shall be maintained damp-proof and dry. Floors shall be of concrete, and proper drainage shall be provided to prevent back-flooding. Such spaces or 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.

(Rev. Ords. 1987, § 4-349)

Sec. 4-350. - Vacant structures.#

(a)

A vacant structure which has been used or is intended to be used, in whole or in part, as a nonresidential structure shall comply with the terms and conditions set forth in this division. All owners of such vacated nonresidential structures which have been deemed by the chief inspector as detrimental to the health and safety of all persons in or about such structures shall comply with the terms and conditions set forth in this division and shall cause all exterior doors and windows to be locked and secured at all times in order to prevent entrance to such vacant buildings by any trespasser.

(b)

The term "secured" as used in this section shall mean that a covering shall be placed over all doors and windows consisting of one-half-inch thick plywood attached to the framing of all such doors and windows by wood screws of a minimum length of 1½ inches placed 12 inches on center. Such plywood shall be painted with a minimum of two coats of exterior paint.

(Rev. Ords. 1987, § 4-350)

Secs. 4-351—4-365. - Reserved.#

Subdivision IV. - Plumbing, Heating and Electrical Equipment#

Footnotes:

--- (7) --- Cross reference— Utilities, ch. 17.

Sec. 4-366. - Compliance with requirements of this subdivision.#

No person shall occupy as owner-occupant or permit to be occupied by another any nonresidential structure which does not comply with the requirements of this subdivision.

(Rev. Ords. 1987, § 4-366)

Sec. 4-367. - Plumbing.#

All plumbing and plumbing fixtures shall be maintained in a safe and usable condition as provided in section 8-447.

(Rev. Ords. 1987, § 4-367)

Sec. 4-368. - Sewage and waste.#

All nonresidential structures having a roof area of 500 square feet or more shall have gutters and downspouts, and rainwater shall be conveyed and disposed of in such a manner as not to create a nuisance. All sewage and other liquid waste shall be discharged to a lawful disposal system approved by the city engineer. All conditions as stated in section 19-336 et seq., of this Revision shall be complied with.

(Rev. Ords. 1987, § 4-368)

Sec. 4-369. - Toilets and lavatories.#

Toilet and lavatory facilities shall be provided according to the requirements of the state department of labor. Minimum requirements for sanitation in places of employment shall comply with bulletin number 9, state labor laws, chapter 21, sections 28-21 and 28-21-2, laws administered by division of industrial inspection.

(Rev. Ords. 1987, § 4-369)

Sec. 4-370. - Heating.#

(a)

Heating devices and installation shall be operated and maintained according to the requirements of BOCA Basic Building Code, article II.

(b)

All gas-burning unit heaters and water heaters not "listed," as that term is defined, and installed in rooms or enclosed spaces within nonresidential buildings shall be vented to the outside air by means of a smoke pipe or flue.

(c)

Where persons are employed in duties and operations in an enclosed space or room within nonresidential buildings and are not engaged in active physical activity, sufficient heat shall be provided in such space or rooms during the months of October, November, December, January, February, March, April and the first 15 days of May of each year to maintain a temperature of not less than 70 degrees Fahrenheit during normal working hours.

(Rev. Ords. 1987, § 4-370)

Sec. 4-371. - Electricity.#

All insulated conductors and all addition or alteration of wiring and electric fixtures required to be installed to conform to the requirements of this division shall be installed as provided in the National Electrical Code. The minimum service entrance for power installed in nonresidential buildings shall be capable of delivering 100 amperes of electrical current from the power source. Sufficient circuits shall be installed to various parts of the building to prevent overloading and overfusing.

(Rev. Ords. 1987, § 4-371)

Secs. 4-372—4-385. - Reserved.#

Subdivision V. - Ventilation and Fire Prevention#

Footnotes:

--- (8) --- Cross reference— Fire prevention, ch. 5.

Sec. 4-386. - Compliance with requirements of this subdivision.#

No person shall occupy as owner-occupant or permit to be occupied by another any nonresidential structure which does not comply with the requirements of this subdivision.

(Rev. Ords. 1987, § 4-386)

Sec. 4-387. - Air conditioning.#

This section shall apply to all air conditioners operated totally or in part on the exterior of premises. Any noise resulting from the operation of exterior air conditioners which radiates more than 100 feet from the air conditioners shall be deemed a nuisance. All exterior air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. No window air conditioners installed over the public sidewalk within ten feet above grade shall extend more than 12 inches on or above such public sidewalk. In alleyways and thoroughfares, no window air conditioners shall extend more than 12 inches on or above such alleyway or thoroughfare within 14 feet above the grade. All air conditioners shall be maintained in a safe mechanical and electrical condition.

(Rev. Ords. 1987, § 4-387)

Sec. 4-388. - Ventilation generally.#

Natural or artificial means of ventilation shall be provided to insure a comfortable and healthful atmosphere throughout the establishment. In all cases where any process is permitted 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. Each ventilating device shall be equipped with an antipollution device as required by state antipollution laws. All such devices must meet the approval of the state antipollution inspectors.

(Rev. Ords. 1987, § 4-388)

Sec. 4-389. - Exhaust vents.#

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 wastes so as to discharge directly upon the property of another, provided that such discharge shall be permitted into a public alley or street when the regulations promulgated by the chief inspector are met.

(Rev. Ords. 1987, § 4-389)

Sec. 4-390. - Compliance with certain fire codes required; fire extinguishers.#

(a)

All uses of nonresidential buildings must meet the standards of the fire safety requirements set by the city BOCA Basic Fire Prevention Code and the state fire safety code.

(b)

All structures with 2,500 square feet of floor space shall be provided with at least one 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 2,500 square feet of floor space. Such extinguishers shall be hung at a convenient height in places accessible from within the structure for emergency at all times. All extinguishers shall be examined annually and recharged as required by the National Fire Protection Association Standards Pamphlet No. 10, published June, 1961, as amended.

(Rev. Ords. 1987, § 4-390)

Sec. 4-391. - Aisle space and exits.#

(a)

In all nonresidential structures used for retail or wholesale business displaying wares to the public on fixtures, counters, tables or similar means, the minimum aisle space between such display devices shall be not less than 44 inches and shall meet the requirements of the BOCA Building Code, section 612.0.

(b)

In all nonresidential structures there shall be provided proper means of exit from each floor or occupancy. The number and width of such exits shall meet the requirements of the BOCA Building Code, section 611.0.

(Rev. Ords. 1987, § 4-391)

Sec. 4-392. - Storage of flammable liquids.#

All paints, varnish and other flammable liquids in unsealed cans, when kept within the building, shall be stored in a safe manner according to the requirements of the fire prevention code.

(Rev. Ords. 1987, § 4-392)

Sec. 4-393. - Firestopping.#

Firestopping shall be designed and constructed to close all concealed draft openings and to form effectual fire barriers against the spread of fire between stories of every building and in all open structural spaces therein.

(Rev. Ords. 1987, § 4-393)

Secs. 4-394—4-405. - Reserved.#

Subdivision VI. - Unfit Structures#

Footnotes:

--- (9) --- Editor's note— Ch. 401, § II, adopted Sept. 5, 2006, changed the title of subdivision VI from "unfit dwellings" to "unfit structures."

Cross reference— Health and sanitation, ch. 7; nuisances, ch. 10.

Sec. 4-406. - Grounds generally.#

Any nonresidential structure, which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and shall be so designated and placarded by the chief inspector: (1)

One which, according to the provisions of this chapter, is so lacking in sanitation, heating, lighting, or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.

(2)

One which, according to the provisions of this chapter and which, because of its general conditions, number of occupants or location is so unsanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.

(3)

One which, according to the provisions of this chapter, is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(Rev. Ords. 1987, § 4-406; Ch. 401, § III, 9-5-06)

Sec. 4-407. - Notice of violation and intent to condemn.#

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 4-93 a statement of his intent to condemn and placard the structure as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 4-93.

(Rev. Ords. 1987, § 4-408; Ch. 401, § V, 9-5-06)

Editor's note— Ch. 401, §§ IV—XVI, adopted Sept. 5, 2006, repealed section 4-407 in its entirety and renumbered former sections 4-408—4-419 as new sections 4-407—4-418. Former section 4-407 pertained to roominghouses, etc., and derived from Rev. Ords. 1987, § 4-407.

Sec. 4-408. - Order to vacate.#

Whenever a notice of violation as provided for in section 4-407 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance shall be in the manner provided for in section 4-94 and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 through 4-100.

(Rev. Ords. 1987, § 4-409; Ch. 401, § VI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-409. - Vacation required and issuance of order.#

Any structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order.

(Rev. Ords. 1987, § 4-410; Ch. 401, § VII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-410. - Occupancy of condemned building prohibited without written approval.#

No structure which has been condemned and placarded as unfit for continued occupancy shall again be occupied until written approval therefore and for removal of the placard is secured from the chief inspector.

(Rev. Ords. 1987, § 4-411; Ch. 401, § VIII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-411. - Removal of notice of condemnation.#

No person shall deface or remove the placard from any structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-410.

(Rev. Ords. 1987, § 4-412; Ch. 401, § IX, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-412. - Duty of owner to secure condemned dwelling.#

The owner of every structure which is condemned as unfit for continued occupancy and vacated shall make such structure safe and secure in whatever manner the chief inspector may deem necessary so that the structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance. Any such vacant structure open at doors and windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision.

(Rev. Ords. 1987, § 4-413; Ch. 401, § X, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-413. - Duty of owner to secure abandoned and/or unoccupied dwelling.#

(a)

Generally. The owner of every structure which is abandoned and/or unoccupied shall make such structure safe and secure in that all windows, doors, bulkheads or entryways shall be covered in a workmanlike manner with at least half-inch plywood or equal material; such covering must be painted or stained to match the present color of the structure. The structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance. Any such abandoned and/or unoccupied structure open at doors and/or windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and public nuisance within the meaning of this provision.

(b)

Violation; penalty. All violators of this section who fail to meet the above standards after notice thereof of not more than ten days shall be fined $50.00 per day for each day the violation exists. The minimum property standards board shall have the right to review, suspend or waive all fines levied under this section.

(Rev. Ords. 1987, § 4-413.1; Ch. 401, § XI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-414. - Notice of violation and intent to demolish.#

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure he shall include within the notice of violation provided for in section 4-93 a statement of his intent to order the demolition of the structure; provided, however, that the owner at his discretion may repair, alter or improve the structure in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value or may demolish the structure at his own expense pursuant to the provisions of section 4-91; provided further, that the owner alleviate the violation within the time specified in the notice of violation. A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such structure as shown by the records of the recorder of deeds in the manner provided for in section 4-93; provided that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once a week for two successive weeks. For purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than 50 percent of the assessed valuation of the structure shall be deemed to be not reasonably related to the value of the structure.

(Rev. Ords. 1987, § 4-414; Ch. 401, § XII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-415. - Demolition order.#

Whenever a notice of violation as provided for in section 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to demolish the structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure as shown by the records of the recorder of deeds in the manner provided for in section 4-94; provided however, that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 through 4-100 and the notice of violation and order to demolish shall so state.

(Rev. Ords. 1987, § 4-415; Ch. 401, § XIII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-416. - When chief inspector to make repairs.#

Whenever a compliance order to repair, alter or secure a structure found by the chief inspector to be unfit for continued occupancy has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation if the cost of such action is reasonably related to the value of the structure. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost 50 percent or less of the assessed valuation of the structure shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied.

(Rev. Ords. 1987, § 4-416; Ch. 401, § XIV, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-417. - When chief inspector to proceed with demolition; liability for expense of demolition.#

Whenever a compliance order issued pursuant to the provisions of section 4-415 and providing for the demolition of a structure has not been complied with and the cost of the repair has been determined by the chief inspector to be more than 50 percent of the assessed valuation of the structure, the chief inspector may demolish the structure at the expense of the owner.

(Rev. Ords. 1987, § 4-417; Ch. 401, § XV, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-418. - Liens and charges to recover expense of demolition by chief inspector.#

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a structure which has been determined to be unfit for continued occupancy and the chief inspector has taken direct action pursuant to the provisions of sections 4-416 and 4-417, the costs incurred by him in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the structure is demolished by the chief inspector, he may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner. If any balance remains, it shall be held for the owner or any other parties entitled thereto, and in every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten percent service charge in addition thereto.

(Rev. Ords. 1987, § 4-418; Ch. 401, § XVI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-419. - Order to vacate; imminent danger to public health, safety or welfare.#

When, in the opinion of the chief inspector, 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 building or structure, the chief inspector is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The chief inspector 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 Chief Inspector." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-420. - Notice of intent to condemn.#

Whenever the chief inspector determines that a nonresidential structure is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to condemn and placard the nonresidential structure as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 4-93.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-421. - Order to vacate.#

Whenever a notice of violation, as provided for in section 4-414, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the nonresidential structure is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 4-94, and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

(Ch. 401, § XVII, 9-5-06; Ch. 423, § IV, 5-15-07)

Sec. 4-422. - Placarding and vacation of unfit nonresidential structures.#

Any nonresidential structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as chief inspector may specify in the compliance order.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-423. - Use of condemned nonresidential structures prohibited.#

A nonresidential structure which has been condemned and placarded as unfit for continued occupancy shall remain unoccupied until the chief inspector provides written approval of occupancy and grants permission to remove the placard.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-424. - Removal of placards from condemned nonresidential structures.#

No person shall deface or remove the placard from any nonresidential structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-423.

(Ch. 401, § XVII, 9-5-06; Ch. 423, § V, 5-15-07)

Sec. 4-425. - Securing of vacated and nonresidential structures.#

(a)

Whenever any nonresidential structure shall become vacant and open at any door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers, such building will be deemed to be dangerous or unsafe.

(b)

When a vacant nonresidential structure becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, such building shall be deemed to be dangerous and unsafe.

(c)

When a vacant nonresidential structure has been damaged, vandalized, or deteriorated to such an extent as to be unfit or unsuitable for occupancy, such building shall be deemed to be dangerous and unsafe.

(d)

When the whole or any part of any nonresidential structure is deemed to be in a dangerous or unsafe condition, the chief inspector shall issue a notice of the dangerous and unsafe conditions to the owner of record, requiring the appearance of such owner of a record at a hearing before the chief inspector within 14 days to show cause why the nonresidential structure should not be demolished or otherwise made safe. All notices shall be in writing in accordance with section 4-93.

(e)

When it is determined at the hearing that the nonresidential structure should be demolished or otherwise made safe, the chief inspector shall issue a compliance order to the effect that such nonresidential structure shall be demolished or otherwise made safe within a time not to exceed 90 days. Where no emergency exists, the owner may either consent in writing to rehabilitate the structure so that it complies in all respects with this chapter within six months and must provide, if required by the chief inspector, a performance bond guaranteeing that the work will be done; or the owner may put the nonresidential structure up for sale on terms, conditions, and limitations which would provide for the rehabilitation of the structure thereon within a six-month period. The owner shall further agree that if rehabilitation or sale does not occur within the six-month period, the chief inspector may thereafter demolish the structure without further notice or proceedings. In either case, such nonresidential structure shall be secured in accordance with subsection (h) of this section.

(f)

Should the owner of record fail to appear at the hearing, the chief inspector shall take action to demolish or otherwise make safe the nonresidential structure as may be found to be necessary or warranted by the evidence.

(g)

The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-418.

(h)

Any building which is boarded for any reason shall comply with the following specifications: all openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches or structural appurtenances on all floors must be covered from the exterior with one-half-inch-thick plywood secured with either 10d common nails or screws of a minimum length of one and one-half inches, placed 12 inches on center. All other windows shall be secured from the exterior with either plywood or seven-eighths-inch matched boards.

(Ch. 401, § XVII, 9-5-06; Ch. 423, § VI, 5-15-07)

Sec. 4-426. - Notice of intent to demolish.#

(a)

Whenever the chief inspector determines that a nonresidential structure is unfit for human occupation, and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to order the demolition of the nonresidential structure, provided that the owner, at his or her discretion, may repair, alter or improve the structure in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the structure at his or her own expense pursuant to the provisions of section 4-104; provided further, that the owner shall alleviate the violation within the time specified in the notice of violation.

(b)

A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such nonresidential structure, as shown by the records of the recorder of deeds, in the manner provided for in section 4-93 provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two successive weeks.

(c)

For the purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than 50 percent of the assessed valuation of the nonresidential structure shall be deemed to be not reasonably related to the value of the structure.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-427. - Order to demolish.#

Whenever a notice of violation provided for in section 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for human occupation, and such finding shall be an order to demolish the nonresidential structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, as shown by the records of the recorder of deeds, in the manner provided for in section 4-104, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

(Ch. 401, § XVII, 9-5-06; Ch. 423, § VII, 5-15-07)

Sec. 4-428. - Power of chief inspector to alleviate violation; limitation.#

Whenever a compliance order to repair, alter or secure a nonresidential structure found by the chief inspector to be unfit for human occupation has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of structure. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost 50 percent or less of the assessed valuation of the nonresidential structure shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied structures.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-429. - Demolition of structure at owner's expense.#

Whenever a compliance order issued pursuant to the provisions of sections 4-96 to 4-100 providing for the demolition of a structure has not been complied with and the cost of repair has been determined by the chief inspector to be more than 50 percent of the assessed valuation of the structure, the chief inspector may apply to a court of competent jurisdiction for a demolition order to undertake the demolition at the expense of the owner. The court may grant the order when no reconsideration or hearing on the matter is pending.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-430. - Liens and charges to cover expenses.#

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a nonresidential dwelling which has been determined to be unfit for human occupation, and the chief inspector has taken direct action pursuant to the provisions of sections 4-428 or 4-429, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the nonresidential structure is demolished by the chief inspector, he or she may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

(Ch. 401, § XVII, 9-5-06; Ch. 423, § VIII, 5-15-07)