Article 3. General Requirements
15.10.170 Generally.
The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
A. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this article. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
B. Vacant Structures and Land. Vacant structures and premises thereof or vacant land must comply with this code and shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety or quality of life.
1. Appearance. All vacant structures and premises thereof must appear to be occupied or appear able to be occupied with little or no repairs.
2. Security. All vacant structures and premises thereof must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one (1) operable door into every structure and into each housing unit. Exterior walls and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the structure. Architectural panels may be of exterior grade finished plywood, medium density overlaid plywood (MDO) that is painted to match the structure’s exterior or covered with a reflective material such as plexiglass or other similar like material.
Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days.
b. Security Fences. Temporary construction fencing shall not be used as a method to secure a structure from entry.
Exception: Temporary construction fencing may be used for a maximum period of thirty (30) days.
3. Weather Protection. The exterior roofing and siding shall be maintained as required in Section 15.10.190.
4. Fire Safety.
a. Fire Protection Systems. All fire suppression and alarm systems shall be maintained in a working condition and inspected as required by the fire department.
b. Flammable Liquids. No vacant structure or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.
c. Combustible Materials. All debris, combustible materials, litter and garbage shall be removed from vacant structures, their accessory structures and adjoining yard areas. The structure and premises shall be maintained free from such items.
d. Fire Inspections. Periodic fire department inspections may be required at intervals set forth by the chief or his designee.
5. Plumbing Fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes.
a. Freeze Protection. The structure’s water systems shall be protected from freezing.
6. Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the structure in accordance with applicable codes.
7. Heating. Heating facilities or heating equipment in vacant structures shall be removed, rendered inoperable or maintained in accordance with applicable codes.
8. Interior Floors. If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter (3/4) inch plywood, or a material of equivalent strength, cut to overlap the hole on all sides by a least six (6) inches.
9. Termination of Utilities. The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request that water, electricity or gas service to a vacant structure be terminated or disconnected.
a. Restoration of Service. If water, electricity or gas service has been terminated or disconnected pursuant to Section 15.10.160(A)(2), no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service, until written notification is given by the code official that service may be restored.
10. Notice to Person Responsible. Whenever the code official has reason to believe that a structure is vacant, the code official may inspect the structure and premises. If the code official determines that a vacant structure violates any provision of this section, the code official shall notify in writing the owner of the structure or real property upon which the structure is located, or other person responsible, of the violations and required corrections and shall be given a time frame to comply.
a. Alternate Requirements. The requirements and time frames of this section may be modified under an approved plan of action. Within thirty (30) days of notification that a structure or real property upon which the structure is located is in violation of this section, an owner may submit a written plan of action for the code official to review and approve if found acceptable. A plan of action may allow:
(1) Extended use of nonarchitectural panels;
(2) Extended use of temporary security fencing;
(3) Extended time before the demolition of a structure is required; and
(4) Substandard conditions to exist for a specific period of time, provided the structure is secured in an approved manner. When considering a plan of action, the code official shall take into consideration the magnitude of the violation and the impact to the neighborhood.
11. Enforcement. Violations of this section shall be enforced according to the provisions and procedures of Chapter 1.12 and subject to the monetary penalties contained therein.
a. Abatement. A structure or accessory structure thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the structure to unauthorized entry. The costs of abatement shall be collected from the owner in the manner provided by law.
b. Unsafe Structures and Equipment. Any vacant structure or equipment therein declared unsafe is subject to the provision of Section 108 of the International Property Maintenance Code and the demolition provisions of Section 110 of the International Property Maintenance Code.