HomeMy WebLinkAbout4349 ORDINANCE NO.
~ ORDIN~NCE rew-~ing BMC 17.16 ~d adopting the Uniform Housing
Code, as amended.
WHEREAS, there exist in the City of Bremerton illegally created, potentially unsafe,
and poorly maintained residential dwelling units; and
WHEREAS, the existence of poorly maintained buildings helps promote decay in the
City; and
WHEREAS, the City ofBremerton has unanimously adopted "Housing Bremerton"
which identifies six housing strategies including proactive code enforcement; and
WHEREAS, a mandatory housing code is consistent with that effort and will provide
the City with the necessary vehicle to assist in fulfilling all Housing Bremerton strategies;
and
WHEREAS, a mandatory housing code will provide for the protection of all areas
of the City to'be maintained to a minimum standard, thus protecting all areas of the City
from substandard areas of blight and helping to ensure the protection of property values for
all citizens; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Repeal]New Chapter. Chapter 17.16 of the Bremerton Municipal Code,
Ordinance 3665 is hereby repealed and a new chapter 17..16, HOUSING CODE, is adopted
to read as follows:
17.16.010 TITLE. The ordinance adopted in this chapter shall be known as the
Bremerton Housing Code.
17.16.020 ADOPTION. The Uniform Housing Code, 1988 Edition, published by the
International Conference of Building Officials, is adopted as amended by the Bremerton
Housing Code adopted by reference herein and filed with the City Clerk.
Section 2. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremerton this ~ ~ day of
,4~ '¥~' , 1991.
\\
PASSED by the City Council of the City of Bremerton this ~ day of
LYNN HORTON, Council President
·~
APPROVED this i O day of I1,~12~,~1.~:(-~ , 1991.
LOUIS MENTOR, Mayor
ATI'EST:
KATHLEElq McCLUSKEY, City Clerk
UNIFORM
HOUSING
CODE
Portions of this document are reproduced from the Uniform Housing
Code, 1988 Edition, with permission of the publishers, the
International Conference of Building Officials. Unauthorized
copying may be a violation of 17 U.S.C. Copies of this document
may be purchased at the Bremerton Building Department, 286 Fourth
Street, Bremerton.
CONTENTS
Page
CHAPTER 1 -- Title and Scope
SEC. 101, Title ................. 1
102, Purpose ............... 1
103, Scope .............. 1
104. Application to ~xis~i2g Buildings and
Structures ............... 1
CHAPTER 2 -- Enforcement
SEC. 201, General ................ 2
202, Substandard Buildings ......... 3
203, Housing Advisory and Appeals Board , , , 3
204, Violations ............... 4
CHAPTER 3 -- Permits and Inspections
SEC, 301, General ................ 5
302, Fees .................. 5
303. Inspection ............... 5
CHAPTER 4 -- Definitions
SEC. 401. Definitions .............. 6
CHAPTER 5 -- Space and Occupancy Standards
SEC. 501, Location on Property .......... 8
SEC. 502. Mechanical Ventilation ......... 8
SEC. 503. Sanitation ............... 8
CHAPTER 6 -- Structural Requirements
SEC. 601, General ................ 10
CHAPTER 7 -- Mechanical Requirements
SEC. 701, Heating and Ventilation ........ 11
CHAPTER 8 -- Exits
SEC, 801. General ................ 12
CHAPTER 9 --.Fire Protection
SEC. 901, General ................ 13
CHAPTER 10 -- Substandard Buildings
SEC. 1001., Definition ............... 14
CHAPTER 11 -- Notices and Orders of Building Official
SEC. 1101. General ............... 18
SEC. 1102. Recordation of NotiCe and Order .... 19
SEC. 1103. Repair ................. 19
CHAPTER 12 -- Appeal
SEC. 1201. General. ............... 21
SEC. 1202. Effect of Failure to Appeal ..... 22
SEC. 1203. Scope of Hearing on Appeal ....... 22
SEC. 1204. Staying of Order Under Appeal ..... 22
CHAPTER 13 -- Procedures for Conduct of Hearing Appeals
SEC. 1301. General .............. 23
SEC. 1302. Form of Notic~ of Hearing ...... 23
SEC. 1303. Subpoenas ............... 24
SEC. 1304. Conduct of Hearing ........... 24
SEC. 1305. Method and Form of Decision ...... 26
CHAPTER 14 -- Enforcement of the Order of the Building
Official or the Board of Appeals
SEC. 140I. Compliance ............... 28
SEC. 1402. Extension of Time to Perform Work . . . 28
SEC. 1403. Interference with Repair Work Prohibited 29
CHAPTER 15 -- Performance of Work or Repair
SEC. 1501. General ................ 30
SEC. 1502. Repair and Demolition Fund ....... 30
CHAPTER 16 -- Recovery of Cost of Repair
SEC. 1601. Account of Expense, Filing of Report:
Contents ................ 31
SEC. 1602. Report Transmitted to Council - Set for
Hearing ................ 31
SEC. 1603. Protests and Objections - How Made . . . 31
SEC. 1604. Hearing or Protests .......... 32
SEC. 1605. Personal Obligation or Special
Assessment ............... 32
SEC. 1606. Contest .............. 32
SEC. 1607. Authority for Installment Payment o~
Assessments with Interest ....... 32
SEC. 1608. Lien of Assessment ........... 33
SEC. 1609. Report to Assessor and Tax Collector:
Addition of Assessment to Tax Bill . . . 33
SEC. 1610. Filing Copy of Report with County
Auditor ............... 33
SEC. 1611. Collections of Assessment: Penaltie~
for Foreclosure ............ 33
SEC. 1612. Repayment of Repair and Demolition Fund 34
CHAPTER 1
TITLE AND SCOPE
Title
Sec. 101. These regulations shall be known as the "Uniform
Housing Code," may be cited as such, and will be reierred to herein
as "this code".
Purpose
Sec. 102. The purpose of this code is to provide minimum
standards to safeguard life or limb, health, property and public
welfare by regulating and controlling the use and occupancy,
location and maintenance of all residential buildings and
structures within this jurisdiction.
The purpose o~ this code is not to create or otherwise
establish or designate any particular class or group of persons who
will or should be especially protected or benefitted by the terms
of this code.
Scope
Sec. 103. The provisions of this code shall apply to all
buildings or portions thereof used, or designed or intended to be
used for human habitation. Such occupancies in existing buildings
may be continued as provided in Section 104(c) of the Building
Code.
Where any building or portion thereof is used or intended to
be used as a combination apartment house-hotel, the provisions of
this code shall apply to the separate portions as if they were
separate buildings.
Every rooming house or lodging house shall comply with all the
requirements of this code for dwellings.
Application to Existing Buildings and Structures
Sec. 104. (a) Additions, Alterations, or Repairs. For
additions, alterations, or repairs, see Subsections 104(a) and (b)
of the Building Code.
(b) Relocation. Buildings or structures moved into or within
this jurisdiction shall comply with the requirements in the
Building Code for new buildings and structures.
1
ENFORCEMENT
General
Sec. 201. (a) Authority. The building official is hereby
authorized and directed to enforce all of the provisions of this
code. For such purposes, he shall have the powers of a law
enforcement officer.
The building official shall have the power to render
interpretations of this code and to adopt and eniorce rules and
regulations supplemental to this code as he may deem necessary in
order to clarify the application of the provisions of this code.
Such interpretations, rules and regulations shall be in conformity
with the intent and purpose of this code.
(b) Right of Entry. Whenever necessary to make an inspection
to enforce any of the provisions of this code, or whenever the
building official or his authorized representative has reasonable
cause to believe that there exists in any building or upon any
premises any condition or code violation which makes such building
or premises unsafe, dangerous or hazardous, the building official
or his authorized representative may enter such building or
premises at all reasonable times to inspect the same or to perform
any duty imposed upon the building official by this code, provided
that if such building or premises be occupied, he shall first
present proper credentials and request entry~ and if such building
or premises be unoccupied, he shall first make a reasonable effort
to locate the owner or other persons having charge or control of
the building or premises and request entry. If such entry is
refused, the building official or his authorized representative
shall have recourse to every remedy provided by law to secure
entry.
(c) Responsibilities Defined. Every owner remains liable for
violations of duties imposed upon him by this code even though an
obligation is also imposed on the occupants of his building, and
even though the owner has, by agreement, imposed on the occupant
the duty of furnishing required equipment or of complying with this
code.
All buildings and structures and all parts thereof shall be
maintained in a safe and sanitary condition. The owner or his
designated agent shall be responsible for such maintenance. To
determine compliance with this subsection, the building may be
reinspected.
Every owner, or his agent, in addition to being responsible
for maintaining his building in a sound structural condition, shall
be responsible for keeping that part of the building or premises
which he occupies or controls in a clean, sanitary and safe
condition, including the shared or public areas in a building
containing two or more dwelling units.
Every owner shall, where required by this code, the health
ordinance or the health officer, furnish and maintain such approved
sanitary facilities as required, and shall furnish and maintain
approved devices, equipment or facilities for the prevention of
insect and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of any insects,
rodents, or other pests when such extermination is not specifically
made the responsibility of the occupant by law or ruling.
Every occupant of a dwelling unit, in addition to being
responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling or dwelling unit or premises which he
occupies and controls, shall dispose of all his rubbish, garbage
and other organic waste in a manner required by the health
ordinance and approved by the health officer.
Every occupant shall, where required by this code, the health
ordinance or the health officer, furnish and maintain approved
devices equipment or facilities necessary to keep his premises safe
and sanitary.
Substandard Buildings
Sec. 202. All buildings or portions thereof which are
determined to be substandard as defined in this code are hereby
declared to be public nuisances and shall be abated by repair,
rehabilitation or removal of the nuisance in accordance with the
procedure specified in Chapter 11 of this code.
Housing Advisory and Appeals Board
Sec. 203.(a). General. In order to hear and decide appeals of
orders, decisions, or determinations made by the building official
relatfve to the application and interpretations of this code, there
shall be and is hereby created a Housing Advisory and Appeals Board
consisting of members who are qualified by experience and training
to pass upon matters pertaining to building construction and who
are not employees of the jurisdiction. The building official shall
be an ex officio member and shall act as secretary to said Board
but shall have no vote upon any matter beiore the Board. The
Housing Advisory and Appeals Board shall be appointed by the
governing body and shall hold office at its pleasure. The Board
shall adopt rules of procedure for conducting its business and
shall render all decisions and findings in writing to the appellant
with a duplicate copy to the building official. Appeals to the
board shall' be processed in accordance with the provisions
contained in Section'1201 of this code. Copies of all rules of
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procedure adopted by the board shall be delivered to the building
official, who shall make them accessible to the public.
(b) Limitations of Authority. The Housing Advisory and
Appeals Board shall have no authority relative to interpretation of
the administrative provisions of this code, nor shall the Board be
empowered to waive requirements of this code.
Violations
Sec. 204. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or
maintain any building or structure or cause or permit the same to
be done in violation of this code.
CH/~PTER 3
PERMITS AND INSPECTIONS
General
Sec. 301. No building or structure regulated by this code
shall be erected, constructed, enlarged, altered, repaired, moved,
improved, removed, converted or demolished unless a separate permit
for each building or structure has first been obtained from the
building official in the manner and according to the applicable
conditions prescribed in Chapter 3 of the Building Code.
Fees
Sec. 302. Whenever a building permit is required by Section
301 of this code, the appropriate fees shall be paid to the
building official as specified in Section 304 of the Building Code.
Inspection
Sec. 303. All buildings or structures within the scope of
this c6de and all construction or work for which a permit is
required shall be subject to inspection by the building official in
accordance with and in the manner provided by this code and
Sections 305 and 306 of the Building Code.
CHAPTER 4
DEFINITIONS
Definitions
Sec. 401. For the purpose of this code, certain terms,
phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the Building
Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context with which they are used.
Webster's Third New International Dictionary of the English
Language, Unabridged, copyright 1981, shall be considered as
providing ordinary accepted meanings. Words in the singular shall
be considered the plural and the plural the singular. Words used
in the masculine gender include the feminine and the feminine the
masculine.
BUILDING CODE is the Uniform Building Code promulgated by the
International Conference of Building Officials, as adopted by this
jurisdiction.
EFFICIENCY DWELLING UNIT is a dwelling unit containing only
one habitable room and meeting the requirements of Section 503(b),
Exception.
HEALTH OFFICER is the legally designated head of the
Department of Health of this jurisdiction.
HOT WATER is hot water supplied to plumbing fixtures at a
temperature of not less than 110 degrees F.
MECHANICAL CODE is the Uniform Mechanical Code promulgated
jointly by the International Conference of Building Officials and
the International Association of Plumbing and Mechanical' Officials,
as adopted by this jurisdiction.
NUISANCE. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity
jurisprudence.
2. Any attractive nuisance which may prove detrimental to
children whether in a building, on the premise~ of a building, or
upon an unoccupied lot. This includes any abandoned wells, shafts,
basements or excavations; abandoned refrigerators and motor
vehicles; or any structurally unsound fences or structures; or any
lumber, trash, fences, debris or vegetation which may prove a
hazard for inquisitive minors.
3. Whatever is dangerous to human life or is detrimental to
health, as determined by the health officer. 4. Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing facilities.
7. Uncleanliness, as determined by the health officer.
8. Whatever renders air, food or drink unwholesome or
detrimental to the health of human beings, as determined by the
health officer.
6
PLUMBING CODE is the Uniform Plumbing Code promulgated by the
International Association of Plumbing and Mechanical Officials.
PREMISES is a plot of ground, whether occupied by a building
or not.
CHAPTER 5
SPACE AND OCCUPANCY STANDARDS
Location on Property
Sec. 501. All buildings shall be located with respect to
property lines and to other buildings on the same property as
required by Section 504 and Part IV of the Building Code.
Light and Ventilation
Sec. 502.(a) Mechanical Ventilation. In lieu of required
exterior openings for natural ventilation, a mechanical ventilation
system may be provided. Such system shall be capable of providing
two air changes per hour in all guest rooms, dormitories, habitable
rooms and in public corridors. One fifth of the air supply shall
be taken from the outside. In bathrooms containing a bathtub or
shower or combination thereof, laundry rooms, and similar rooms, a
mechanical ventilation system connected directly to the outside
capable of providing five air changes per hour shall be provided.
The point of discharge of exhaust air shall be at least 5 feet from
any mechanical ventilating intake. Bathrooms which contain only a
water closet or lavatory or combination thereoi, and similar rooms
may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air'.'
(b) Hallways. All public hallways, stairs and other exitways
shall be adequately lighted at all times in accordance with Section
3312(a) of the Building Code.
Sanitation
Sec. 503.(a) Dwelling Units and Lodging Houses. Every
dwelling unit and every lodging house shall be provided with a
bathroom equipped with facilities consisting of a water closet,
lavatory, and either a bathtub or shower.
(b) Hotels. Where private water closets, lavatories and baths
are not provided, there shall be provided on each floor for each
sex at least one water closet and lavatory and one bath accessible
from a public hallway. Additional water closets, lavatories and
baths shall be provided on each floor for each sex at the rate of
one for every additional ten guests, or fractional number thereof
in excess of ten. Such facilities shall be clearly marked for
"Men" or "Women".
(c) Kitchen. Each dwelling unit shall be provided with a
kitchen. Every kitchen shall be provided with a kitchen sink.
Wooden sinks or sinks of similarly absorbent material shall not be
permitted.
8
(d) Fixtures. All plumbing fixtures shall be connected to a
sanitary sewer or to an approved private sewage disposal system.
All plumbing fixtures shall be connected to an approved system of
water supply and provided with hot and cold running water necessary
for its normal operation.
All plumbing fixtures shall be of an approved glazed
earthenware type or of a similarly nonabsorbent material.
(e) Water Closet Compartments. Walls and floors of water
closet compartments, except dwellings, shall be finished in
accordance with Section 511 of the Building Code.
(f) Room Separations. Every water closet, bathtub or shower
required by this code shall be installed in a room which will
afford privacy to the occupant. A room in which a water closet is
located shall be separated from food preparation or storage rooms
by a tight-fitting door.
(g) Installation and Maintenance. All sanitary facilities
shall be installed and maintained in safe and sanitary condition
and in accordance with applicable requirements of the Plumbing
Code.
9
CHAPTER 6
STRUCTURAL REQUIREMENTS
General
Sec. 601. (a) General. Buildings or structures may be of any
types of construction permitted by the Building Code. Roofs,
floors, walls, foundations and all other structural components of
buildings shall be capable of resisting any and all forces and
loads to which they may be subjected. All structural elements
shall be proportioned and joined in accordance with the stress
limitations and design criteria as specified in the appropriate
sections o~ the Building Code. Buildings oi every permitted type
of construction shall comply with the applicable requirements of
the Building Code.
(b) Shelter. Every building shall be weather protected so as
to provide shelter for the occupants against the elements and to
exclude dampness.
(c) Protection .of Materials. All wood shall be protected
against termite damage and decay as provided in the Building Code.
10
CHAPTER 7
MECHANICAL REQUIREMENTS
Heating and Ventilation
Sec. 701. (a) Heating. Every dwelling unit and guest room
shall be provided with heating facilities capable of allowing the
occupant thereof to maintain a room temperature of 68 degrees F. at
a point 3 feet above the floor in all habitable rooms. Such
facilities shall be installed and maintained in a safe condition
and in accordance with Chapter 37 of the Building Code, the
Mechanical Code, and all other applicable laws. Unrented fuel-
burning heaters shall not be permitted. All heating devices or
appliances shall be of an approved type.
(b) Electrical Equipment. All electrical equipment, wiring
and appliances shall be installed and maintained in a safe manner
in accordance with all applicable laws. All electrical equipment
shall be of an approved type.
Where there is electrical power available within 300 feet of
any building, such building shall be connected to such electrical
power. Every habitable room shall contain at least two electrical
convenience outlets or one conYenience outlet and one electric
light fixture. Every water-closet compartment, bathroom, laundry
room, furnace room and public hallway shall contain at least one
electric light fixture.
(c) Ventilation. Ventilation for rooms and areas and for
fuel-burning appliances shall be provided as required in the
Mechanical Code and in this code. Where mechanical'ventilation is
provided in lieu of the natural ventilation required by Section 504
of this code, such mechanical ventilating system shall be
maintained in operation during the occupancy of any building or
portion thereof. .
11
CHAPTER 8
EXITS
General
Sec. 801. Every dwelling unit or guest room shall have access
directly to the outside or to a public corridor. All buildings or
portions thereof shall be provided with exits, exitways and
appurtenances as required by Chapter 33 of the Building Code.
Basements in dwelling units and every sleeping room below the
fourth story shall have at least one operable window or exterior
door adequate for emergency escape or rescue. The units shall be
operable from the inside to provide a full clear opening without
the use of separate tools.
12
CHAPTER 9
FIRE PROTECTION
General
Sec. 901. All buildings or portions thereof shall be provided
with the degree of fire-resistive construction as required by the
Building Code for the appropriate occupancy, type of construction
and location on property; and shall be provided with the
appropriate fire-extinguishing systems or equipment required by
Chapter 38 of the Building Code.
13
CHAPTER 10
SUBSTANDARD BUILDINGS
Definition
Sec. 1001.(a) General. Any building or portion thereof which
is determined to be an unsafe building in accordance with Section
203 of the Building Code; or any building or portion thereof,
including any dwelling unit, guest room or suite of rooms, or the
premises on which the same is located, in which there exists any of
the following listed conditions to an extent that endangers the
life, limb, health, property, safety or welfare of the public or
the occupants thereof shall be deemed and hereby is declared to be
a substandard building.
(b) Inadequate Sanitation. Inadequate sanitation shall
include but not be limited to the following:
1. Lack of, or improper water closet, lavatory, bathtub or
shower in a dwelling unit of lodging house.
2. Lack of, or improper water closets, lavatories, and
bathtubs or showers per number of guests in a hotel.
3. Lack of, or improper kitchen sink in a dwelling unit.
4. Lack of hot and cold running water to plumbing fixtures
in a hotel.
5. Lack of hot and cold running water to plumbing fixtures
in a dwelling unit or lodging house.
6. Lack of adequate heating facilities.
7. Lack of, or improper operation of required ventilating
equipment.
8. Lack of minimum amounts of natural light and ventilation
required by this code.
9. Lack of required electrical lighting.
10. Dampness of habitable rooms, caused by faulty or
deteriorated weather protection, plumbing fixtures or
piping leakage, or excessive condensation from improper
construction methods.'
11. Infestation of insects, vermin or rodents as determined
by the health officer.
12. General dilapidation or improper maintenance.
14
13. Lack of connection to required sewage disposal system.
14. Lack of adequate garbage and rubbish storage and removal
facilities as determined by the health officer.
(c) Structural Hazards. Structural hazards shall include but
not be limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry
imposed loads with safety.
4. Members of walls, partitions or other vertical supports
that split, lean, list or buckle due to defective
material or deterioration.
5. Members of walls, partitions or other vertical supports
that are of insufficient size to carry imposed loads with
safety.
6. Members of ceilings, roofs, ceiling and roof supports or
other horizontal members which sag, split or buckle due
to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports or
other horizontal members that are of insufficient size to
carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge or settle, due
to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or
strength to carry imposedloads with safety.
(d) Nuisance. Any nuisance defined in this code.
(e) Hazardous Electrical Wiring. Electrical wiring which was
installed in violation of code requirements in effect at the time
of installation or electrical wiring not installed in accordance
with generally accepted construction practices in areas where no
codes were in effect or which has not been maintained in good
condition or which is not being used in a safe manner shall be
considered substandard.
(f) Hazardous Plumbing. Plumbing which was installed in
violation of code requirements in effect at the time of
installation or plumbing not installed in accordance with generally
accepted construction practices in areas where no codes were in
effect or which has not maintained in good condition or which is
15
not free of cross-connections or siphonage between fixtures shall
be considered substandard.
(g) Hazardous Mechanical Equipment. Mechanical equipment
which was installed in violation of code requirements in ef'fect at
the time of installation or mechanical equipment not installed in
accordance with generally accepted construction practices in areas
where no codes were in effect or which has not been maintained in
good and safe condition shall be considered substandard.
(h) Faulty Weather Protection, which shall include but not be
limited to the following:
1. Deteriorated, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing or exterior
walls, roof, foundations or floors, including broken
windows or doors.
3. Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to
lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings
or roof coverings.
(i) Fire Hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste or vegetation which, in the
opinion of the chief of the fire department or his deputy, is in
such a condition as to cause a fire or explosion or provide a ready
fuel to augment the spread and intensity of fire or explosion
arising from any cause.
(j) Faulty Materials of Construction. All materials of
construction except those which are specifically allowed or
approved by this code and the Building Code, and which have been
adequately maintained in good and safe condition.
(k) Hazardous or Unsanitary Premises. Those premises on
which an accumulation of weeds, vegetation, junk, vehicle hulks or
parts, mechanical parts, machinery, dead organic matter, debris,
garbage, offal, rat harborages, stagnant water, combustible
materials and similar materials or conditions constitute fire,
health, or safety hazards.
(1) Inadequate Exits. Except for those buildings or portions
thereof which have been provided with adequate exit facilities
conforming to the provisions of this code, buildings or portions
thereof whose exit facilities were installed in violation of code
requirements in effect at the time of their construction or whose
exit facilities have not been increased in number or width in
relation to any increase in occupant load due to alterations,
16
additions, or change in use or occupancy subsequent to the time of
construction shall be considered substandard.
Notwithstanding compliance with code requirements in effect at
the time of their construction, buildings or portions thereof shall
be considered substandard when the building official finds that an
unsafe condition exists through an improper location of exits, a
lack of an adequate number or width of exit, or where other
conditions exist which are dangerous to human life.
(m) Inadequate Fire-protection or Fire-fighting Equipment.
All buildings or portions thereof which are not provided with the
fire-resistive construction or fire-extinguishing systems or
equipment required by this code, except those buildings or portions
thereof which conformed with all applicable laws at the time of
their construction and whose fire-resistive integrity and fire-
extinguishing systems or equipment have been adequately maintained
and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
(n) Improper Occupancy. All buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes which are
not designed or intended to be used ior such occupancies.
17
CHAPTER ll
NOTICES AND ORDERS
OF BUILDING OFFICIAL
General
Sec. ll01(a) Commencement of Proceedings. Whenever the
building official has inspected or caused to be inspected any
building and has found and determined that such building is a
substandard building, he shall commence proceedings to cause the
repair or rehabilitation of the building, or removal of the
nuisance.
(b) Notice and Order. After making a determination of the
party liable pursuant to Sec. 201(c), the building official shall
issue a notice and order directed to that party, provided however,
that if the responsible party is the tenant, the building official
shall provide a copy of said notice to the record owner of the
building. In the event that the tenant fails to remedy the
condition cited in the notice, the building official shall reissue
a notice and order to the record owner of the building, who then
shall be responsible for said remedy to said condition. The notice
and order shall contain:
1. The street address and a legal description sufficient for
identification of the premises upon which the building is located.
2. A statement that the building official has found the
building to be substandard with a brief and concise description of
the conditions found to render the building substandard under the
provisions of Section 202 of this code.
3. A statement of the action required to be taken as
determined by the building official.
(i) If the building official has determined that the building
or structure must be repaired, the order shall require
that all required permits be secured therefor and the
work physically commenced within such time (not to exceed
60 days from the date of the order) and completed within
such time as the building official shall determine is
reasonable under all of the circumstances.
4. Statements advising that if any required repair work is
not commenced within the time specified, the building official may
proceed to cause the work to be done and charge the costs thereof
against the property or its owner.
5. Statements advising (i) that any person having any record
title or legal interest in the building may appeal from the notice
and order or any action of the building official to the Housing
18
Advisory and Appeals Board, provided the appeal is made in writing
as provided in this code, and filed with the building official
within 30 days from the date of service of such notice and order;
and (ii) that failure to appeal will constitute a waiver of all
right to an administrative hearing and determination of the matter.
(c) Service of Notice amd Order. The notice and order and any
amended or supplemental notice and order, shall be served upon the
record owner, and posted on the property.
(d) Method of Service. Service of the notice and order shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at his
address as it appears on the last equalized assessment roll of the
county or as known to the building official. If no address of any
such person so appears or is known to the building official, then
a copy of the notice and order shall be so mailed, addressed to
such person, at the address of the building involved in the
proceedings. The failure of any such person to receive such notice
shall .not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein pro¥ided
shall be effective on the date of mailing.
(e) Proof of Service. Proof of service of the notice and
order shall be certified to at the time of service by a written
declaration under penalty of perjury executed by the person
effecting service, declaring the time, date and manner in which
service was made. The declaration, together with any receipt card
returned in acknowledgement of receipt by certified mail shall be
affixed to the copy of the notice and order retained by the
building official.
Recordation of Notice and Order
Sec. 1102. If compliance is not had with the order within the
time specified therein, and no appeal has been properly and timely
filed, the building official shall file in the office of the county
recorder a certificate describing the property and certifying (i)
that the building is a substandard building, and (ii) that the
owner has been so notified. Whenever the corrections ordered shall
thereafter have been completed so that it no longer exists as a
substandard building on the property described in the certificate,
the building official shall file a new certificate with the county
recorder certifying that all required corrections have been made so
that the building is no longer substandard.
Repair
Sec. 1103. The following standards shall be followed by the
building official (and by the Housing Advisory and Appeals Board if
an appeal is taken) in ordering the repair of any substandard
19
building or structure:
1. Any building declared a substandard building under this
code shall be made to comply with the following:
(i) The building shall be repaired in accordance with the
current Building Code or other current code applicable to
the type of substandard conditions requiring repair.
2O
CHAPTER 12
APPEAL
General
Sec. 1201.(a) Form of Appeal. Any person entitled to service
under Section ll01(c) may appeal from any notice and order or any
action of the building official under this code by filing at the
office of the building official a written appeal containing:
1. A heading in the words: "Before the Board of Appeals of
the.., of .... "
2. A caption reading: "Appeals of ..... ", giving the names
of all appellants participating in the appeal
3. A brief statement setting forth the legal interest of each
of the appellants in the building or the land involved in the
notice and order.
4. A brief statement in ordinary and concise language of that
specific order or action protested, together with any material
facts claimed to support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the
relief sought and the reasons why it is claimed the protested order
or action should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and
their official mailing addresses.
7. The werification (by declaration under penalty of perjury)
of at least one appellant as to the truth of the matters stated in
the appeal.
The appeal shall be filed within 30 days from the date of the
service of such order or action by the building official.
(b) Processing of Appeal. Upon receipt of any appeal filed
pursuant to this section, the building official shall present it at
the next regular or special meeting of the Board of Appeals.
(c) Scheduling and Noticing Appeal for Hearing. As soon as
practicable after receiving the written appeal, the .Housing
Advisory and Appeals Board shall fix a date, time and place for the
hearing of the appeal by the board. Such date shall be not less
than 10 days nor more than 60 days from the date the appeal was
filed with the building official. Written notice of the time and
place of the hearing shall be given at least 10 days prior to the
date of the h~aring to each appellant by the secretary of the board
either by causing a copy of such notice to be delivered to the
21
appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at his address shown on the appeal.
Effect of Failure to Appeal
Sec. 1202. Failure of any person to file an appeal in
accordance with the provisions of Sections 1101 and 1201 shall
constitute a waiver of his right to an administrative hearing and
adjudication of the notice and order or to any portion thereof.
Scope of Hearing on Appeal
Sec. 1203. Only those matters or issues specifically raised
by the appellant shall be considered in the hearing of the appeal.
Staying of Order Under Appeal
Sec. 1204. Enforcement of any notice and order of the
building official issued under this code shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed.
22
CHAPTER 13
PROCEDURES FOR CONDUCT
OF HEARING APPEALS
General
Sec. 1301.(a) Hearing Examiners. The board may appoint one or
more hearing examiners or designate one or more of its members to
serve as hearing examiners to conduct the hearings. The examiner
hearing the case shall exercise all powers relating to the conduct
of hearings until it is submitted by him to the board for decision.
(b) Record. A record of the entire proceedings shall be made
by tape recording, or by any other means of permanent recording
determined to be appropriate by the board.
(c) Reporting. The proceedings at the hearing shall also be
reported by a phonographic reporter if requested by any party
thereto. A transcript of the proceedings shall be made available
to all parties upon request and upon payment of the fee prescribed
therefor. Such fees may be established by the board, but shall in
no event be greater than the cost in¥olved.
(d) Continuances. The board may grant continuances for good
cause shown; however, when a hearing examiner has been assigned to
such hearing, no continuances may be granted except by him for good
cause shown so long as the matter remains before him.
(e) Oaths--Certification. In any proceedings under this
chapter,'the board, any board member, or the hearing examiner has
the power to administer oaths and affirmations and to certify to
official acts.
(f) Reasonable Dispatch. The board and its representatives.
shall proceed with reasonable dispatch to conclude any matter
before it. Due regard shall be shown for the convenience and
necessity of 'any parties or their representatives.
Form of Notice of Hearing
Sec. 1302. The notice to appellant shall be substantially in
the following form, but may include other information:
"You are hereby notified that a hearing will be held before
(the Board of Appeals or name of hearing examiner) at .... on the
.... day of ....... 19 ..... , at the hour ...... upon the notice and
order served upon you. You may be present at the hearing. You may
be, but not need be, represented by counsel. You may present any
relevant evidence and will be given full opportunity to cross-
23
examine all witnesses testifying against you. You may request the
issuance of subpoenas to compel the attendance of witnesses and the
production of books, documents or other things by filing an
affidavit thereof with (Board of Appeals or name of hearing
examiner)."
Subpoenas
Sec. 1303.(a) Filing of Affidavit. The board or examiner may
obtain the issuance and service of a subpoena for the attendance of
witnesses or the production of other evidence at a hearing upon the
request of a member of the board or upon the written demand of any
party. The issuance and service o.f such subpoena shall be obtained
upon the filing of an affidavit therefor which states the name and
address of the proposed witness; specifies the exact things sought
to be produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things in his
possession or under his control. A subpoena need not be issued
when the affidavit is defective in any particular.
(b) Cases Referred to Examiner. In cases where a hearing is
referred to an examiner, all subpoenas shall be obtained through
the examiner.
(c) Penalties. Any person who refuses without lawful excuse
to attend any hearing, or to produce material evidence in his
possession or under his control as required by any subpoena served
upon such person as provided for therein shall be guilty of a civil
infraction.
Conduct of Hearing
Sec. 1304.(a) Rules. Hearings need not be conducted according
to the technical rules relating to evidence and witnesses.
(b) Oral Evidence. Oral evidence shall be taken only on oath
or affirmation.
(c) Hearsay Evidence. Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence, but
shall not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions in courts of
competent jurisdiction in this state.
(d) Admissibility of Evidence. Any relevant evidence shall be
admitted if it is the type of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule
which might make improper the admission of such evidence over
objection in civil actions in courts of competent jurisdictions in
this state.
24
(e) Exclusion of Evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
(f) Rights of Parties. Each party shall have these rights,
among others:
1. To call and examine witnesses on any matter relevant to
the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant
to the issues of the hearing;
4. To impeach any witness regardless of which party first
called him to testify~
5. To rebut the evidence against him;
6. To represent himself or to be represented by anyone of his
choice who is lawfully permitted to do so.
(g) Official Notice. 1. What may be noticed. In reaching a
decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be
judicially noticed by the courts of this state or of official
records of the board or departments and ordinances of the city or
rules and regulations of the board.
2. Parties to be noticed. Parties present at the hearing
shall be informed of the matters to be noticed, and these matters
shall be noted in the record, referred to therein, or appended
thereto.
3. Opportunity to refute. Parties present 'at the hearing
shall be given a reasonable opportunity, on request, to refute the
officially noticed matters by evidence or by written or oral
presentation of authority, the manner of such refutation to be
determined by the board or hearing examiner.
4. Inspection of the premises. The board or the hearing
examiner may inspect any building or premises involved in the
appeal during the course of the hearing, provided that (i) notice
of such inspection shall be given to the parties before the
inspection is made, (ii) the parties are given an opportunity to be
present during the inspection, and (iii) the board or the hearing
examiner shall state for the record upon completion of the
inspection the material facts observed and the conclusions drawn
therefrom. Each party then shall have a right to rebut or explain
the matters so stated by the board or hearing examiner.
25
Method and Form of Decision
Sec. 1305.(a) Hearing before Board Itself. Where a contested
case is heard before the board itself, no member thereof who did
not hear the evidence or has not read the entire record of the
proceedings shall vote or take part in the decision.
(b) Hearing the Examiner. If a contested case is heard by a
hearing examiner alone, he shall within a reasonable time (not to
exceed 90 days from the date the hearing is closed) submit a
written report to the board. Such report shall contain a brief
summary of the evidence considered and state the examiner's
findings, conclusions and recommendations. The report also shall
contain a proposed decision in such form that it may be adopted by
the board as its decision in the case. All examiner's reports
filed with the board shall be matters of public record. A copy of
each such report and proposed decision shall be mailed to each
party on the date they are filed with the board.
(c) Consideration of Report by Board--Notice. The board shall
fix a time, date and place to consider the examiner's report and
proposed decision. Notice thereof shall be mailed to each
interested party not less than five days prior to the date fixed,
unless it is otherwise stipulated by all of the parties.
(d) Exception to Report. Not later than two days before the
date set to consider the report, any party may file written
exceptions to any part or all of the examiner's report and may
attach thereto a proposed decision together with a written argument
in support of such decision. By leave of the board, any party may
present oral argument to the board.
(e) Disposition by the Board. The board may adopt or reject
the proposed decision in its entirety or may modify the proposed
decision.
(f) Proposed Decision Not Adopted. If the proposed decision
is not adopted as provided in Subsection (e), the board may decide
the case upon the entire record before it, with or without taking
additional evidence, or may refer the case to the same or another
hearing examiner to take additional evidence. If the case is
reassigned to a hearing examiner, he shall prepare a report and
proposed decision as provided in Subsection (b) hereof after any
additional evidence is submitted. Consideration of such proposed
decision by the board shall comply with the provisions of this
section.
(g) Form of Decision. The decision shall be in writing and
shall contain findings of fact, a determination of the issues
presented, and the requirements to be complied with. A copy of the
decision shall be delivered to the appellant personally or sent to
26
him by certified mail, postage prepaid, return receipt requested.
(h) Effective Date of Decision. The effectiYe date of the
decision shall be as stated therein.
27
CHAPTER 14
ENFORCEMENT OF THE ORDER
OF THE BUILDING OFFICIAL
OR THE BOARD OF APPEALS
Compliance
Sec. 1401.(a) General. After any order of the building
official or the Housing Advisory and Appeals Board made pursuant to
this code shall have become ~inal, no person to whom any such order
is directed shall fail, neglect or refuse to obey any such order.
Any such person who fails to comply with any such order is guilty
of a civil infraction and shall be punishable by a maximum civil
penalty of $100 per day or portion thereof during which any
violation of such order is committed, continued, or permitted.
(b) Failure to Obey Order. If, after any order of the
building official or Housing Advisory and Appeals Board made
pursuant to this code has become final, the person to whom such
order is directed shall fail, neglect or refuse to obey such order,
the building ofiicial may (i) cause such person to be prosecuted
under Subsection (a) of this section or (ii) institute any
appropriate action to abate such building as a public nuisance.
(c) Failure to Commence Work. Whenever the required repair is
not commenced within 30 days after any final notice and order
issued under this code becomes effective:
1. The responsible party shall be guilty of a civil
infraction and shall be subject to the same penalty as provided in
Subsection (a) of this chapter.
2. The building official may, in addition to any other remedy
herein provided, cause the building to be repaired to the extent
necessary to correct the conditions which render the building
substandard as set forth in the notice and order. Any such repair
work shall be accomplished and the cost thereof paid and recovered
in the manner hereinafter provided in this code.
Extension of Time to Perform Work
Sec. 1402. Upon receipt of an application from the person
required to conform to the order and an agreement by such person
that he will comply with the order ii allowed additional time, the
building official may, in his discretion, grant an extension of
time, not to exceed an additional 120 days, within which to
complete said repair, rehabilitation or removal of the nuisance, ii
the building official determines that such an extension of time
will not create or perpetuate a situation imminently dangerous to
life or property. The building o~ficial's authority to extend time
is limited to the physical repair, rehabilitation or removal of the
28
nuisance on the premises and will not in any way affect or extend
the time to appeal his notice and order.
Interference with Repair Work Prohibited
Sec. 1403. No person shall obstruct, impede or interfere with
any officer, employee, contractor or authorized representative of
the city or with any person who owns or holds any estate or
interest in any building which has been ordered repaired under the
provisions of this code, or with any person to whom such building
has been lawfully sold pursuant to the provisions of this code,
whenever such officer, employee contractor or authorized
representative of this jurisdiction, person having any interest or
estate in such building or structure, or purchaser is engaged in
the work of repairing any such building pursuant to the provisions
of this code, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
code.
29
CHAPTER 15
PERFORMANCE OF WORK OF REPAIR
General
Sec. 1501 (a) Procedure. When any work or repair or removal
is to be done pursuant to Section 1401 (c) 2 of this code, the
building official shall cause the work to be accomplished by city
personnel or by private contract under the direction of the
building official. Plans and specifications therefor may be
prepared by the building official, or he may employ such
architectural and engineering assistance on a contract basis as he
may deem reasonably necessary.
(b) Costs. The costs of such work shall be paid from the
repair and demolition fund, and may be made a special assessment
against the property involved, or may be made a personal obligation
of the property owner, whichever the legislative body of this
jurisdiction shall determine is appropriate.
Repair and Demolition Fund
Sec. 1502.(a) General. The legislative body of this
jurisdiction shall establish a special revolving fund to be
designed as the repair and demolition fund. Payments shall be made
out of said fund upon the demand of the building official to defray
the costs and expenses which may be incurred by this jurisdiction
in doing or causing to be done the necessary work of repair.
(b) Maintenance of Fund. The legislative body may at any time
transfer to the repair and demolition fund, out of any money in the
general fund of the city, such sums as it may deem necessary in
order to expedite the performance of the work of repair, and any
sum so transferred shall be deemed a loan to the repair and
demolition fund and shall be repaid out of the proceeds of the
collections hereinafter provided for. All funds collected under
the proceedings hereinafter provided for shall be paid to the
treasurer of this jurisdiction, who shall credit the same to the
repair and demolition fund.
30
CHAPTER 1 6
RECOVERY OF COST
OF REPAIR
Account of Expense, Filing of Report: Contents
Sec.1601. The building official shall keep an itemized account
of the expense incurred by this jurisdiction in the repair of any
building or the removal of any nuisance done pursuant to the
provisions of Section 1401 (c) 2 of this code. Upon the completion
of the work of repair, said building ofiicial shall prepare and
file with the clerk of this jurisdiction a report specifying the
work done, the itemized and total cost of the work, a description
of the real property upon which the building or structure is or was
located, and the names and addresses of the persons entitled to
notice pursuant to Subsection(c) of Section 1101.
Report Transmitted to Council - Set for Hearing
Sec.1602. Upon receipt of said report, the clerk of this
jurisdiction shall present it to the legislative body of this
jurisdiction for consideration. The legislative body of this
jurisdiction shall fix a time, 'date and place for hearing said
report, and any protests or objections thereto. The clerk of this
jurisdiction shall cause notice of said hearing to be posted upon
the property involved, published once in a newspaper of general
circulation in the city, and served by certified mail, postage
prepaid, addressed to the owner of the property as his name and
address appear on the last equalized assessment roll of the county,
ii such so appear, or as known to the clerk. Such notice shall be
given at least 10 days prior to the date set for hearing and shall
specify the day, hour, and place when the legislative body will
hear and pass upon the building official's report, together with
any objections or protests which may be filed as hereinafter
provided by any person interested in or affected by the proposed
charge.
Protests and Objections - How Made
Sec. 1603. Any person interested in or affected by the
proposed charge may file written protests or objections with the
clerk oi this jurisdiction at any time prior to the time set for
the hearing on the report of the building official. Each such
protest or objection must contain a description oi the property in
which the signer thereof is interested and the grounds of such
protest or objection. The clerk of this jurisdiction shall endorse
on every such protest or objection the date it was received by him.
He shall present such protests or objections to the legislative
body of this'jurisdiction at the time set for the hearing, and no
other protests or objections shall be considered.
31
Hearing of Protests
Sec. 1604. Upon the day and hour fixed for the hearing the
legislative body of this jurisdiction shall hear and pass upon the
report of the building official together with any such objections
or protests. The legislative body may make such revision,
correction or modification in the report or the charge as it may
deem just, and when the legislative body is satisfied with the
correctness of the charge, the report (as submitted or as revised,
corrected or modified) together with the charge, shall be confirmed
or rejected. The decision of the legislative .body of this
jurisdiction on the report and the charge, and on all protest or
objections, shall be final and conclusive.
Personal Obligation or Special Assessment
Sec. 1605. (a) General. The legislative body of this
jurisdiction may thereupon order that said charge shall be made a
personal obligation of the property owner or assess said charge
against the property involved.
(b) Personal Obligation. If the legislative body of this
jurisdiction orders that the charge shall be a personal obligation
of the property owner, it shall direct the attorney of this
jurisdiction to collect the same on behalf of the jurisdiction by
use of all appropriate legal remedies.
(c) Special Assessment. If the legislative body of this
jurisdiction orders that the charge shall be assessed against the
property it shall confirm the assessment, cause the same to be
recorded on the assessment roll, and thereafter said assessment
shall constitute a special assessment against and a lien upon the
property.
Contest
Sec. 1606. The validity of any assessment made under the
provisions of this chapter shall not be contested in any action or
proceeding unless the same is commenced within 30 days after the
assessment is placed upon the assessment roll as provided herein.
Any appeal from a final judgement in such action or proceeding must
be perfected within 30 days after the entry of such judgement.
Authority for Installment Payment of Assessments with Interest
Sec. 1607. The legislative body of this jurisdiction, in its
discretion, may determine that assessments in amounts of $500.00 or
more shall be payable in not to exceed five equal annual
installments. The legislative body's determination to allow
payment of such assessments in installments, the number of
installments, whether they shall bear interest, and the rate
thereof shall be by a resolution adopted prior to the confirmation
of the assessment.
32
Lien of Assessment
Sec. 1608 (a) Priority. Immediately upon its being placed on
the assessment roll, the assessment shall be deemed to be complete,
the several amounts assessed shall be payable, and the assessments
shall be liens against the lots or parcels of land assessed,
respectively. The lien shall be subordinate to all existing
special assessment liens previously imposed upon the same property
and shall be paramount to all other liens except for state, county
and municipal taxes, with which it shall be upon a parity. The
lien shall continue until the assessment and all interest due and
payable thereon are paid.
(b)Interest. All such assessments remaining unpaid after 30
days from the date of recording on the assessment roll shall become
delinquent and shall bear interest at the rate of 7 percent per
annum from and after said date.
Report to Assessor and Tax Collector:Addition of Assessment to Tax
Bill
Sec. 1609. After confirmation of the report, certified copies
of the assessment shall be given to the assessor of this
jurisdiction and the tax collector of this jurisdiction, who shall
add the amount of the assessment to the next regular tax bill
levied against the parcel for municipal purposes.
Filing Copy'of Report with County Auditor
Sec. 1610. If the county assessor and the county tax collector
assess property and collect taxes for the city, a certified copy of
the assessment shall be filed with the county auditor on or before
August 10th. The descriptions of the parcels reported shall be
those used for the same parcels on the county assessor's map books
for the current year.
Collections of Assessment:Penalties for Foreclosure
Sec. 1611. The amount of the assessment shall be collected at
the same time and in the same manner as ordinary property taxes are
collected: and shall be subject to the same penalties and procedure
and sale in case of delinquency as provided for ordinary property
taxes. All laws applicable to the levy, collection and enforcement
of property taxes shall be applicable to such assessment.
If the legislative body of this jurisdiction has determined
that the assessment shall be paid in installments, each installment
and any interest thereon shall be collected in the same manner as
ordinary property taxes in successive years. If any installment is
delinquent, the amount thereof is subject to the same penalties and
procedure for sale as provided for ordinary property taxes.
33
Repa .yment of Repair and Demolition Pund
Sec. 1612. All money recovered by payment of the charge or
assessment or from the sale of the property at foreclosure sale
shall be paid to the treasurer of this jurisdiction who shall
credit the same to the repair and demolition fund.
34