CHAPTER 1.10
CODE ENFORCEMENT, GENERALLY

1.10.010 General provisions.

A.    Title. Chapters 1.10 through 1.16 shall be known as the "code enforcement ordinance."

B.    Scope. The provisions of this code shall apply to all existing premises and shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

C.    Intent. This chapter shall be constructed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

D.    Purpose. The city council establishes the procedures set forth in Chapters 1.10 through 1.16 for declaring and addressing nuisance conditions and other violations of the municipal code, pursuant to Government Code Section 36900, et seq., Section 38660, Sections 38771 through 38775, inclusive, Section 53069.4, Section 54988, and all other statutes and laws referenced herein. The purpose of Chapters 1.10 through 1.16 is to provide criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the city, to prevent, discourage, abate, or otherwise address any nuisance condition or violation of this chapter, as that term is defined in Section 1.10.020.

(Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006.)

1.10.015 Applicability.

A.    Application. This chapter shall apply to all existing residential and nonresidential buildings, structures, and lands and portions thereof without regard to the use, date of construction, improvement, or alteration. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

B.    Existing Buildings. Buildings and portions thereof in existence at the time of the adoption of this chapter may have their existing use or occupancy continued if the use or occupancy was legal at the time of the original use or occupancy; and provided, that continued use or occupancy is not dangerous to life, health, and safety.

C.    Historic Buildings. This chapter does not apply to existing buildings, structures, or premises designated by the state or city as historic when such buildings, structures, or premises are judged by the building official to be safe and do not contain unhealthy conditions.

D.    Maintenance. All equipment, devices, systems, and safeguards required by this code or previously adopted codes under which the structures or premises were constructed, altered, or repaired shall be maintained in good working order, except for such temporary interruption as necessary while repairs or alterations are in progress.

E.    Relocation. Existing buildings and structures that are moved or relocated shall be made to conform to the requirements of this code.

F.    Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the adopted uniform codes in Title 17, as the same may be amended from time to time. Nothing in this code shall be constructed to cancel, modify or set aside any provisions of the city of Petaluma zoning ordinance.

G.    Existing Remedies. The provisions in this chapter shall not be constructed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.

H.    Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.

I.    Referenced Codes and Standards. The codes and standards referenced in this chapter shall be those that are adopted in Title 17, as the same may be amended from time to time, and shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and the referenced standards, the most restrictive shall govern.

J.    Requirements Not Covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this chapter, shall be determined by the code official.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.020 Definitions.

The terms that appear in quotation marks below shall be defined as follows:

"Abatement order" and "administrative order" shall mean an order issued by a code official or by a hearing officer following an appeal hearing or an order to show cause hearing.

"Administrative costs" shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under Chapters 1.10 through 1.16. Administrative costs shall include, but not be limited to, site inspections and reinspections, third-party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related to abatement proceedings. The hourly rate for staff time shall be set by the city council and may be revised from time to time.

"Affected property" shall mean any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions or other code violations allegedly exist or have previously existed.

"Approved" shall mean approved by the code official.

"Basement" shall mean that portion of a building which is partly or completely below grade.

"Bathroom" shall mean a room containing plumbing fixtures including a bathtub or shower.

"Bedroom" shall mean any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

"Blight" or "blighted" shall mean unsightly conditions, including, but not limited to: the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged; and the exterior visible use or display of tarps, plastic sheeting, or similar materials as flexible or inflexible screening, fencing, wall covering, or roofing upon a residential lot, regardless of the condition of other properties in the neighborhood.

"Building code" shall mean the uniform codes adopted in Title 17 that regulate the design, construction, and the quality of materials, use, and occupancy, location, and maintenance of all building and structures within the city.

"City" shall mean the city of Petaluma.

"Code" or "this code" shall mean the city’s municipal code, zoning ordinance, all uniform codes that have been incorporated into the city’s municipal code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including without limitation the State Housing Law (Health and Safety Code Section 17910 et seq.).

"Code official" shall mean the official who is charged with the administration and enforcement of this code, or any duly authorized representative.

"Compliance" shall mean all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by an enforcement officer, hearing officer, or city council.

"Condemn" shall mean to adjudge unfit for occupancy.

"Costs of abatement" shall mean all costs incurred by the city in connection with achieving compliance with an abatement order, including, but not limited to, any cost incurred by the city in performing or contracting for work required to achieve compliance with an abatement order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorneys’ fees, all as permitted by law.

"Day" or "days" shall mean calendar days.

"Debris" shall mean an accumulation of materials having little or no apparent value or utility, including, but not limited to: deteriorated lumber; old newspapers; furniture parts; stoves; sinks; cabinets; household fixtures; refrigerators; car parts; abandoned, broken or neglected equipment; unstacked firewood; or lack of maintenance.

"Deterioration" shall mean a lowering in quality of the condition or appearance of a building, structure or premises or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, damage, neglect, or lack of maintenance.

"Dwelling unit" shall mean a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities.

Electrical Code. See "Building code."

"Enforcement action" shall mean any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of Chapters 1.10 through 1.16 or pursuant to any other legal authority.

"Enforcement officer" means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer. In addition to any other powers conferred upon him or her by this code or by any other law, an enforcement officer shall have the authority to issue a notice to appear, issue an administrative citation, or issue a notice of violation, if the enforcement officer has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.

"Extermination" shall mean the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.

"Exterior opening" shall mean any open or closed window, door, or passage between interior and exterior spaces.

Fire Code. See "Building code."

"Garbage" shall mean the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

"Guard" shall mean a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

"Habitable space" shall mean space in structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

"Health officer" shall mean a representative of the Sonoma County health department who is authorized to enforce the health regulations in the city of Petaluma.

"Hearing officer" shall mean any person or persons appointed by the city council, or by any person designated by the city council to make the appointment, to conduct a hearing pursuant to Chapters 1.10 through 1.16.

"Hot water" shall mean water supplied to a plumbing fixture at a temperature of not less than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius).

"Imminent hazard" or "imminent danger" shall mean any condition associated with real property that places a person’s life, health, or property in high risk of peril when such a condition is immediate, impending, or on the point of happening or menacing.

"Infestation" shall mean the apparent presence of unpleasant, damaging, or unhealthful insects, rodents, reptiles, or pests.

"Inoperative vehicle" shall mean any vehicle which requires licensing through the Department of Motor Vehicles which cannot legally be driven upon the public streets for any reason including but not limited to being unlicensed, non-operative status, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

"Luminaire" shall mean a tungsten, incandescent, or fluorescent light fitting.

Mechanical Code. See "Building code."

"Nuisance condition" shall mean any condition described in Civil Code Section 3479 or this chapter, and shall also include, but not be limited to, any violation of this code.

"Occupancy" shall mean the purpose for which a building or portion thereof is utilized or occupied.

"Occupant" shall mean the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized agent of same.

"Owner" shall mean the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.

"Penalty" shall mean an administrative fine or penalty imposed on the responsible party, pursuant to Sections 1.14.050 and 1.16.020.

Plumbing Code. See "Building code."

"Pond" or "pool" shall mean a body of water that is in excess of twenty-four inches deep.

"Premises" shall mean a lot, plot or parcel of land, easement or public way, including any structures located thereon.

"Responsible party" shall mean any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.

"Rubbish" shall mean combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, mineral matter, glass, crockery and dust and other similar materials.

"Sleeping unit" shall mean a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms that are also part of a dwelling unit are not sleeping units.

"Smoke detector" shall mean an approved detector that senses visible or invisible particles of combustion.

"Sound condition" shall mean any structure, building, or component that is in a condition to withstand designed or anticipated loads. This would include maintenance for weather protection, free of deterioration and damage.

"Structure" shall mean that which is built or constructed or a portion thereof.

"Structure unfit for human occupancy" shall mean a structure that is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

"This chapter" shall mean these code enforcement chapters (Chapters 1.10 through 1.16) as enacted and as the same may be amended from time to time.

"Toilet room" shall mean a room containing a water closet or urinal but not a bathtub or shower.

"Unlawful structure" shall mean a structure that is found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

"Unsafe equipment" shall mean any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

"Unsafe structure" shall mean a structure that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.

"Vegetation" shall mean plant life of any kind, whether living or dead, characterized as grass, weeds, bushes, shrubs, and trees.

"Vehicle" shall mean any vehicle which requires licensing through the Department of Motor Vehicles.

"Ventilation" shall mean the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

"Weed" shall mean a useless and troublesome plant generally accepted as having no value and frequently of uncontrolled growth, not including native vegetation.

"Workmanlike" shall mean work that is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

"Yard" shall mean an open space on the same lot with a structure.

(Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.030.)

1.10.025 Violation a public nuisance, alternative remedies provided.

Any violation of this chapter is unlawful and is hereby declared to be a nuisance. Any violation of this chapter may be prosecuted or enforced through any of the enforcement remedies provided in Chapters 1.10 through 1.16. In addition to the remedies provided in Chapters 1.10 through 1.16, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power the city may possess. All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another. The election of remedies provided by Chapters 1.10 through 1.16 or other applicable law shall be at the sole discretion of city officials. A hearing officer may order the abatement of any nuisance condition, including abatement by the city, following proper notice and an opportunity for a hearing. However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Chapter 1.15. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.040.)

1.10.030 Unsafe structures and equipment.

A.    General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure or equipment may be condemned pursuant to the provisions of this code.

B.    Closing of Vacant Structures. If the structure is vacant or unfit for human habitation and occupancy, and it is not in danger of structural collapse, the code official is authorized to post a placard of condemnation of the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official may cause the premises to be closed and secured through any available public agency or by the contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource as described in Chapter 1.14.

C.    Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Chapters 1.10 through 1.16. If the notice pertains to equipment, it shall also be placed on the condemned equipment.

D.    Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official may post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

E.    Placard Removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be guilty of a misdemeanor.

F.    Prohibited Occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment, shall be guilty of a misdemeanor and liable for the penalties provided by this code.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.035 Emergency measures.

A.    Imminent Danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful and a misdemeanor for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

B.    Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted, and may cause such other action to be taken as the code official deems necessary to meet such emergency.

C.    Closing Streets. When necessary for public safety, the code official may temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

D.    Emergency Repairs. For the purpose of this section, the code official may employ the necessary labor and materials to perform the required work as expeditiously as possible.

E.    Cost of Emergency Repairs. Costs incurred in the performance of emergency work shall initially be paid by the city. The city attorney may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

F.    Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any such person may appeal the determination that emergency procedures, as described in this section, were necessary or appropriate using the appeal procedures described in Section 1.14.070.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.040 Reserved.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.045 Additional approval procedures.

A.    Modifications. Whenever, in a given circumstance, there are practical difficulties involved in carrying out the provisions of Section 1.10.075, 1.10.080, or 1.10.085, the code official shall have the authority to grant modifications for that circumstance, provided the code official determines that a strict application of the provisions of this chapter is impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not reduce or impair health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the code official’s files. Any person who challenges or appeals a determination made by the code official pursuant to this subsection shall follow the appeal procedures in Section 1.14.070 and the challenge or appeal shall be based on an allegation that such officer has abused his/her discretion and that the determination of such officer is not consistent with the intent and purpose of this chapter.

B.    Alternative Materials, Methods and Equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material or method of construction shall be approved by the code official, where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.

C.    Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for the alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the city.

1.    Test Methods. Test methods shall be specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official may approve an appropriate testing procedure performed by an approved agency.

2.    Test Reports. Reports of tests shall be retained by the code official in accordance with the city’s adopted record retention policy.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.050 Means of appeal.

Any person directly affected by a notice or order issued under this chapter shall have the right to appeal the decision as described in Section 1.14.070. (Ord. 2385 NCS §1 (part), 2010.)

1.10.060 Violation of license, permit, agreement or approval.

It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued by any authorized agent, body or agency of the city, including the Petaluma community development commission. Any responsible party (including, without limitation, any agent, employee, or contractor of the responsible party) violating or contributing to the violation of any such term or condition shall be subject to enforcement as provided in Chapters 1.10 through 1.16 and in any other law. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.050.)

1.10.065 Causing, permitting, etc., a violation.

Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.070)

1.10.070 Separate and continuing violations.

A separate offense shall be deemed committed each day a violation of this chapter occurs or continues; any penalty imposed for a violation, pursuant to Sections 1.14.050 or 1.16.030, may be imposed on a "per day" basis. Any condition of real property that constitutes a nuisance condition where the same, or a substantially similar, condition has been the subject of two or more enforcement actions within any three-month period is deemed to be a continuing violation. Any building or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained, moved, or demolished contrary to any provision of this code, or contrary to any term or condition of any license, permit or entitlement issued by or on behalf of the city, shall be deemed a violation of this code. Similarly, any use of land, building or premises that is established, conducted, operated or maintained contrary to any license, permit, condition or approval relating to the use of said land, or that is contrary to any provision of this code, shall be deemed a violation of this code. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.080)

1.10.075 General maintenance of property.

In addition to other conditions defined to be nuisances in Chapters 1.10 through 1.16 or the municipal code, it is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such manner that any of the following conditions, but not limited thereto, are found to exist thereon:

A.    Buildings which are abandoned, partially destroyed, substantially deteriorated, or left unreasonably in a state of partial construction without an active building permit.

B.    Unpainted, unmaintained and otherwise unprotected buildings causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds.

C.    Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, and malicious mischief.

D.    Overgrown vegetation and weeds:

1.    Causing detriment to neighboring properties or property values.

2.    Causing a hazardous condition to pedestrian and/or vehicular traffic.

3.    Likely to harbor rats, vermin and other nuisances.

4.    Grasses and weeds over six inches in height.

E.    Dead trees and debris:

1.    Constituting unsightly appearance and/or odors.

2.    Dangerous to public safety and welfare.

3.    Detrimental to nearby property or property values.

4.    A ready source of fuel for combustion.

F.    Attractive nuisances dangerous or potentially dangerous to people in the form of:

1.    Abandoned and/or broken equipment.

2.    Pools, ponds or excavations without adequate barriers.

3.    Neglected, unprotected and/or unsecured machinery.

4.    Unsecured and unoccupied abandoned buildings and structures.

G.    Items such as, and similar to, the following, and which are stored in yards and visible from public streets and/or other properties:

1.    Trash, junk, garbage, rubbish and debris.

2.    Household goods.

3.    Mattresses.

4.    Cans of stains, paints and solvents.

5.    Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.

6.    Vehicles not parked on a permanent surface as defined by Section 11.070(F) of the city of Petaluma zoning ordinance.

7.    Inoperative vehicles, vehicles in various states of disrepair and vehicle parts.

8.    Cabinets.

9.    Furniture.

10.    Clothing.

11.    Appliances.

12.    Boxes.

13.    Construction materials and/or tools.

14.    Yard and garden equipment in excess of that which is reasonable and acceptable for maintaining the property at which it is located.

15.    Bicycles, scooters and like items in excess of that which is reasonable for use by the current occupants of a property.

16.    Items of any sort or of any quantity that are evidence of an illegal operation or business, or create the appearance thereof.

17.    Any other refuse or waste.

18.    Trash, garbage or refuse cans, bins, boxes or other such containers.

19.    Shopping carts.

20.    The accumulation of dirt.

21.    Yards that are not graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon.

H.    Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

I.    Any building, structure or portion thereof built to code standards applicable at the time of original construction, or areas of access which have any of the following conditions or defects to a significant degree or as otherwise noted:

1.    Whenever any door, aisle, passageway, stairway, window or other means of exit is not of sufficient dimensions, or is not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, window or other means of exit.

2.    Whenever any portion thereof has been damaged by earthquake, wind, flood, rain or by any other cause, in such a manner that the structural strength, stability or integrity thereof is appreciably less than is suitable for occupancy and is less than the minimum requirements of building code regulations enforced by the city.

3.    Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property.

4.    Whenever any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live loads or dead loads as specified in the building code regulations enforced by the city without exceeding the working stresses permitted therein.

5.    Whenever any portion thereof has settled or otherwise been repositioned or reconfigured so that structural portions of buildings and structures have less resistance to winds, earthquakes and/or other forces than is adequate for safe occupancy and/or as is otherwise required by building code regulations enforced by the city.

6.    Whenever buildings or structures, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, infestations or the removal, loss, or movement of a portion of the soil necessary to adequately support such building, structure or portion thereof, or some other cause, are likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fail, or otherwise fall or give way.

7.    Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used or intended to be used.

8.    Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts.

9.    Whenever a building or structure which has been constructed now exists or is maintained in violation of any requirements or prohibitions, applicable to such building or structure, of the building and housing code regulations enforced by the city.

10.    Whenever a building or structure, used or intended to be used for dwelling purposes because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to contribute injury to the health, safety or general welfare of those living within.

11.    Whenever a building or structure, by reason of obsolescence, dilapidation, deterioration, damage, substandard electric wiring, gas connections, or heating apparatus, or similar conditions, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

12.    Whenever any sidewalk or driveway is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same.

13.    Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

14.    Whenever the stress in any materials, member or portion thereof, due to all live and dead loads, is more than the imposed design loads.

15.    Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of two months.

(Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006. Formerly 1.10.060.)

1.10.080 Nonresidential buildings and structures maintenance standards.

A.    Application. In addition to the general property maintenance standards specified in Section 1.10.075, the provisions of this section shall apply to nonresidential buildings and structures located within the city limits of the city of Petaluma.

B.    Foundations, Exterior Walls, Roofs, Mechanical Equipment, Electrical, and Plumbing. Foundations, exterior walls, roofs, and mechanical equipment shall be free from deterioration or blighting conditions and shall conform to the following requirements:

1.    Foundation. The building foundation shall be free from deterioration, maintained in a safe condition, and be capable of supporting the load which normal use may place thereon.

2.    Exterior Walls. The exterior walls shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted condition. Exterior walls shall be substantially weather tight, weatherproof, free from dry rot and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. Exterior doors and windows shall be fitted securely in their frames and shall be substantially weather tight with operable locks, if locks are present. Windows of occupied structures shall not be boarded, and glazing in windows and doors shall be properly maintained. Chipping or peeling paint may not exceed twenty-five percent of the surface area of any building component visible from public property. All exterior surfaces other than decay-resistant materials shall be protected from the elements by painting or other protective covering according to manufacturer’s specifications. Chimneys and similar appurtenances shall be structurally safe. Window screening, of not less than sixteen mesh per inch, shall be required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, and shall be maintained in good condition. Every screen door used for insect control shall have a self-closing device in good working condition. Screens shall not be required where approved air curtains are employed.

3.    Roofs and Drainage. Roofs and drainage shall be maintained in a safe condition and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted appearance. Broken, rotted, split, curled, or missing roofing material shall not exceed ten square feet of any roof for no more than thirty consecutive days. Canopies and awnings shall be properly anchored and maintained. Roof water shall not be discharged in a manner that creates a public nuisance.

4.    Mechanical Equipment. Heating, ventilating, air conditioning, evaporative cooling equipment, and their mounting apparatus shall be maintained in an approved manner, and in a condition free from excessive accumulation of scale, rust, corrosion or mineral deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or unattached heating ventilation and air conditioning (HVAC) equipment and mechanical equipment and associated apparatuses shall be removed from the structure. Equipment shrouds, enclosures, and similar protecting housing components integral to a piece of equipment shall be installed, anchored, and properly maintained.

5.    Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe operational condition and approved manner.

6.    Plumbing Equipment. All plumbing equipment, piping and fixtures shall be installed and maintained in a safe, sanitary, functional and approved manner.

C.    Outdoor Stairs, Porches, Guardrails, Handrails, and Similar Railings. All outdoor stairs, porches, guard and handrails shall be adequate for safety according to the applicable building code and fire code requirements. Every stair and porch shall be maintained in a structurally sound condition. The supports for railings, stairs, and porches shall be structurally sound and in a safe condition. Every stair and porch, and any appendage thereto, shall be maintained in safe condition and capable of supporting the load that normal use may place thereon.

D.    Interior of Structures.

1.    General. Every owner of a property shall ensure the interior of structures and mechanical, electrical, and plumbing equipment therein are maintained in good working order and structurally sound.

2.    Structural Members. All structural members shall be maintained structurally sound and be capable of supporting the imposed design loads.

3.    Interior Surfaces. All interior surfaces shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked, broken, damaged, or loose plaster, decayed wood, and other defective surface conditions in excess of one-eighth inch shall be repaired.

4.    Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, mezzanine or other walking surface shall be maintained in sound condition and good repair.

5.    Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition and shall be adequate for safety according to the applicable building and fire code requirements.

6.    Interior Windows and Doors. Every interior window and door shall fit within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the attachment hardware.

E.    Exits. All buildings or portions thereof shall be provided with properly maintained exits, exit corridors, exit passageways, and appurtenances as required by the building code.

F.    Fire Protection. 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 as required by the building code and fire code. All fire-resistive construction required by the building code shall be maintained.

G.    Substandard Commercial Buildings. Any building or portion thereof or the premises on which the same is located in which there exists any of the following conditions shall be deemed and hereby declared to be a substandard building.

1.    Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard when any of the following conditions exist:

a.    Lack of or improper operation of water closet, lavatory, bathtub, or shower.

b.    Lack of required interior wall covering.

c.    Lack of required hot and cold running water to plumbing fixtures.

d.    Lack of or improper operation of required ventilation equipment.

e.    Lack of required electrical lighting.

f.    Dampness in rooms.

g.    Infestation of insects, vermin, or rodents.

h.    General dilapidation or improper maintenance.

i.    Lack of adequate garbage and rubbish storage and removal facilities.

j.    Lack of connection to a required sewage disposal system.

k.    Inoperable connection to a required sewage disposal system.

H.    Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are, or contain, structural hazards. Structural hazards shall include, but not be limited to, the following:

1.    Deteriorated or inadequate foundations incapable of supporting the load which normal use may place thereon.

2.    Defective or deteriorated flooring or floor supports.

3.    Flooring or floor supports of insufficient size to carry imposed loads safely.

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 safely.

6.    Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that 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 safely.

8.    Fireplaces or chimneys that list (to lean), bulge, or settle due to defective material or deterioration.

I.    Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, or is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

J.    Hazardous Plumbing. All plumbing that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, is not currently in good and safe condition or not working properly, or is not free of cross-connections and siphonage between fixtures shall be considered hazardous and substandard. All water heaters require seismic strapping on the bottom one-third and top one-third of the unit. An approved combination temperature and pressure-relief valve and valve relief discharge pipe shall be properly installed and maintained on water heaters.

K.    Hazardous Mechanical Equipment. All mechanical equipment, including vents, that does not conform to all applicable laws in effect at the time of installation, that has not been maintained in good and safe condition, and is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

L.    Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in noncompliance with the fire code to the extent that the fire chief, or their designee, has determined the noncompliance condition is unsafe or that a fire or explosion could occur as the result of said noncompliance shall be considered hazardous and substandard. In addition, any condition the fire chief, or their designee, has determined provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause is deemed hazardous and substandard.

M.    Faulty Materials of Construction. All materials of construction except those that are specifically allowed or approved by the building code and that have been adequately maintained in good and safe condition shall be considered substandard.

N.    Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions that constitute a fire hazard, health hazard, safety hazard, or a public nuisance shall be considered hazardous and substandard. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Every occupant of a structure shall dispose of garbage and rubbish in a clean and sanitary manner by placing such garbage and rubbish in an approved container or disposal facility. Any accumulated garbage and rubbish shall be placed out for collection for the authorized waste disposal agent of the city at a minimum of one time per week.

O.    Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy, shall be considered substandard. When an unsafe condition exists due to lack of or improper location of exits, additional exits may be required to be installed.

P.    Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof not provided with fire-resistive construction or fire-extinguishing systems or equipment required by the building and fire code, except those buildings or portions thereof that conformed to 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, shall be considered substandard.

Q.    Improper Occupancy. All buildings or portions thereof occupied for purposes not designed or intended to be used for those occupancies shall be considered substandard.

R.    Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (one hundred two millimeters) high, with a minimum stroke width of one-half inch (twelve and seven-tenths millimeters).

Exception: Rural residential buildings shall not be required to comply with this section, provided such buildings have a form of building identification that has been approved by the fire code official.

(Ord. 2385 NCS §1 (part), 2010.)

1.10.085 Residential buildings and structures maintenance standards.

A.    General. In addition to the general property maintenance standards specified in Section 1.10.075, all buildings, common areas, or portions thereof used, designed, or intended to be used for human habitation shall comply with the requirements of this section.

B.    Foundations, Exterior Walls, Doors, Windows, Roofs, Mechanical Equipment, Electrical, and Plumbing. Foundations, exterior walls, roofs, and mechanical equipment shall be free from deterioration or blighting conditions and shall conform to the following requirements:

1.    Foundation. The building foundation shall be free from deterioration, maintained in a plumb and safe condition, be capable of supporting the load which normal use may place thereon, be free from open cracks and breaks, and be kept in such a condition so as to prevent the entry of rodents and other pests.

2.    Exterior Walls. The exterior walls shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted condition. Exterior walls shall be substantially weather tight, weatherproof, free from dry rot and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. Windows of occupied structures shall not be boarded and glazing in windows and doors shall be properly maintained. Chipping or peeling paint may not exceed twenty-five percent of a surface area of any building component visible from public property. All exterior surfaces other than decay-resistant materials shall be protected from the elements by painting or other protective covering according to manufacturer’s specifications. Chimneys and similar appurtenances shall be structurally safe.

3.    Doors. Exterior doors shall be fitted securely in their frames and shall be substantially weather tight with operable locks. Each exterior door shall be equipped with a deadbolt lock designed to be operable from the inside without the need for a key or special knowledge. All deadbolts shall have a minimum throw of one inch. Every screen door used for insect control shall have a self-closing device in good working condition.

4.    Windows. Exterior windows shall be fitted securely in their frames and shall be substantially weather tight with operable locks if locks are present. Operable windows within twelve feet above a walking surface below shall be equipped with a window sash locking device designed to be operable from the inside without the need for a key or special knowledge. Window screening, of not less than sixteen mesh per inch, shall be required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored and shall be maintained in good condition.

5.    Roofs. Roofs shall be maintained in a safe condition and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from conditions that contribute to the deterioration of the structure or otherwise present a deteriorated or blighted appearance. Broken, rotted, split, curled, or missing roofing material shall not exceed ten square feet of any roof. Canopies and awnings shall be properly anchored and maintained. Roof water shall not be discharged in a manner that creates a public nuisance.

6.    Mechanical Equipment. Heating, ventilating, air conditioning, and evaporative cooling equipment, and their mounting apparatuses, shall be maintained in an approved manner, and in a condition free from excessive accumulation of scale, rust, corrosion or mineral deposits. Equipment stands or mounts shall be structurally sound. Unused, deteriorated or unattached heating, ventilation and air conditioning (HVAC) equipment and mechanical equipment and associated apparatuses shall be removed from the structure. Equipment shrouds, enclosures, and similar protecting housing components integral to a piece of equipment shall be installed, anchored, and properly maintained.

7.    Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe, functional, and approved manner.

8.    Plumbing Equipment. All plumbing equipment, piping and fixtures shall be installed and maintained in a safe, sanitary, functional and approved manner.

9.    Outdoor Stairs, Porches, Guardrails, Handrails, and Similar Railings. All outdoor stairs, porches, guard and handrails shall be adequate for safety. Every stair and porch shall be maintained in an approved manner, structurally sound and safe condition. The supports for railings, stairs, and porches shall be maintained in an approved manner, structurally sound and safe condition. Every stair and porch, and any appendage thereto, shall be maintained in an approved manner, structurally sound and safe condition, and capable of supporting a load that normal use may place thereon.

C.    Room Dimensions.

1.    Existing Buildings. Buildings and portions thereof in existence at the time of the adoption of this chapter are not required to be modified to comply with this section and may have their existing use or occupancy continued provided the construction, use, or occupancy was legal at the time of original construction and further provided the continued use or occupancy is not dangerous to life, health, and safety.

2.    Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members; provided, that the bottom of the members is not less than seven feet above the floor.

If any habitable space has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet.

3.    Floor Area. Dwelling units and congregate residences shall have at least one room that shall have not less than one hundred twenty square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy square feet.

Exception: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

a.    The unit shall have a living room of not less than two hundred twenty square feet of floor area. An additional one hundred square feet of floor area shall be provided for each occupant of such unit in excess of two.

b.    The unit shall be provided with a kitchen sink and cooking appliance. If a refrigerator is provided, it must be maintained in a safe and operational condition. Each sink, cooking appliance, or refrigerator shall have a clear working space of not less than thirty inches in front, except ADA accessible units, which shall meet the working space requirements of those units. Light and ventilation conforming to this code shall be provided.

c.    The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

4.    Width. No habitable room other than a kitchen shall be less than seven feet in any dimension. Kitchens shall have a clear passageway of not less than three feet between counterfronts and appliances or counterfronts and walls. Each water closet shall be located in a clear space not less than thirty inches in width and a clear space in front of the water closet of not less than twenty-four inches shall be provided.

D.    Light and Ventilation.

1.    General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five square feet, whichever is greater. Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building.

Exceptions:

a.    Required windows may open into a roofed porch where the porch:

(1)     Abuts a public way, yard, or court.

(2)     Has a ceiling height of not less than seven feet.

(3)     Has a longer side at least sixty-five percent open and unobstructed.

b.    Skylights.

2.    Light. Guest rooms and habitable rooms within a dwelling unit or a congregate residence shall be provided with natural light by means of exterior glazed openings with an area of not less than one-tenth of the floor area of such rooms with a minimum of ten square feet of opening area.

3.    Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum opening of five square feet of area. Such openings shall be capable of being opened so as to provide ventilation.

Bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of exterior openings with an area of not less than one-twentieth of the floor areas of such rooms with a minimum of one and one-half square feet of area. Such openings shall be capable of being opened so as to provide ventilation. In lieu of required exterior openings for natural ventilation in toilet rooms, 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 location of the discharged exhaust air shall be at least three feet from any opening into the building.

4.    Hallways. All public hallways, stairs, and other paths of exit shall be adequately illuminated at all times in accordance with the building code.

5.    Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electric luminaire.

E.    Sanitation.

1.    Dwelling Units, Lodging Houses and Congregate Residences, Dormitories and Fraternity Houses. Dwelling units, lodging houses, and congregate residences, dormitories and fraternity houses shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower, or combination thereof.

2.    Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a safe and operational kitchen sink and cooking appliance. If a refrigerator is provided, it must be maintained in a safe and operational condition.

3.    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 water supply and provided with hot and cold running water necessary for normal operations. All plumbing fixtures shall be listed by an approved listing agency.

4.    Water Closet Compartments. Except in dwelling units, walls within two feet of urinals and water closets shall have a smooth, hard, nonabsorbent surface to a height of four feet above the floor.

5.    Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary working condition.

6.    Disposal of Rubbish and Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Every occupant of a structure shall dispose of garbage and rubbish in a clean and sanitary manner by placing such garbage and rubbish in an approved container or disposal facility. Any accumulated garbage and rubbish shall be placed out for collection for the authorized waste disposal agent of the city at a minimum of one time per week.

F.    Structural Conditions. 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 as specified in the codes and standards in effect at the time of original construction, and as specified in codes and standards regulating existing buildings.

G.    Weather Protection. Every habitable building shall be weather protected so as to provide shelter for the occupants against the elements as specified in subsection B of this section.

H.    Mechanical Equipment.

1.    Heating. Dwelling units, guest rooms, and congregate residences shall be provided with permanently installed heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (twenty degrees Celsius) at a point three feet (nine hundred fourteen millimeters) above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition. All heating devices or appliances shall be of an approved type and utilized in accordance with their listing. Fuel-burning heaters without vents to the exterior are specifically prohibited.

2.    Combustion Air. Rooms and areas containing fuel-burning appliances shall be provided with combustion air as required by the mechanical code.

3.    Ducts. Duct systems shall be maintained free of obstructions and leaks and shall be capable of performing the required function.

I.    Electrical Equipment. All electrical equipment, wiring, and appliances shall be installed and maintained in safe working order and in accordance with the electrical code. All electrical equipment shall be listed and approved for the intended use. Every bathroom shall have at least one receptacle that has ground fault circuit interruption protection.

J.    Exits, Emergency Egress, and Interior Doors.

1.    Exits. All buildings or portions thereof shall be provided with properly maintained exits, exit corridors, exit passageways, and appurtenances as required by the building code. Dwelling units and guest rooms shall have access directly to the outside or to an exit corridor or exit passageway.

2.    Emergency Egress. Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The window or door shall have the ability to be opened from the inside and any security bars or grills protecting such openings shall comply with subsection W of this section.

3.    Interior Doors. Interior doors shall be fitted securely in their frames and shall be in sound condition. Interior door locks shall not require the need for a key or special knowledge. Firewall doors shall be self-closing and self-latching.

K.    Fire Protection. 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 as required by the building code and fire code. All fire-resistive construction required by the building code shall be maintained.

L.    Substandard Residential Buildings. Any building or portion thereof or the premises on which the same is located in which there exists any of the following conditions shall be deemed and hereby declared to be a substandard building.

1.    Habitability and Sanitation. Buildings or portions thereof shall be deemed substandard when any of the following conditions exist:

a.    Lack of, or improper operation of, water closet, lavatory, bathtub, or shower.

b.    Lack of required interior wall covering.

c.    Lack of proper kitchen sink or cooking appliances, or improper operation of kitchen sink, cooking appliance or refrigerator.

d.    Lack of required hot and cold running water to plumbing fixtures.

e.    Lack of adequate heating facilities.

f.    Lack of, or improper operation of, required ventilation equipment.

g.    Lack of minimum amounts of natural light and ventilation required by this code.

h.    Room and space dimensions less than required by this code. However, a condition that would require the displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building substandard, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.

i.    Lack of required electrical lighting.

j.    Dampness in habitable rooms.

k.    Infestation of insects, vermin, or rodents.

l.    General dilapidation or improper maintenance.

m.    Lack of connection to a required sewage disposal system.

n.    Lack of adequate garbage and rubbish storage and removal facilities.

o.    Lack of connection to public utilities that are essential to maintain heating, plumbing, and electrical fixtures and appliances in a working condition.

M.    Structural Hazards. Buildings or portions thereof shall be deemed hazardous and substandard when they are, or contain, structural hazards. Structural hazards shall include, but not be limited to, the following:

1.    Deteriorated or inadequate foundations incapable of supporting the load which normal use may place thereon.

2.    Defective or deteriorated flooring or flooring supports.

3.    Flooring or floor supports of insufficient size to carry imposed loads safely.

4.    Members of walls, partitions, or other vertical supports that split, list (to lean), 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 safely.

6.    Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that 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 safely.

8.    Fireplaces or chimneys that list (to lean), bulge, or settle due to defective material or deterioration.

N.    Hazardous Electrical Wiring. All wiring that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, or is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

O.    Hazardous Plumbing. All plumbing that does not conform to all applicable laws in effect at the time of installation, has not been maintained in good condition, is not currently in good and safe condition or not working properly, or is not free of cross-connections and siphonage between fixtures shall be considered hazardous and substandard. All water heaters require seismic strapping on the bottom one-third and top one-third of the unit. An approved combination temperature and pressure-relief valve and valve relief discharge pipe shall be properly installed and maintained on water heaters.

P.    Hazardous Mechanical Equipment. All mechanical equipment including vents that do not conform to all applicable laws in effect at the time of installation, that has not been maintained in good and safe condition, and is not currently in good and safe condition and working properly shall be considered hazardous and substandard.

Q.    Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in noncompliance with the fire code to the extent that the fire chief or "designee" has determined the noncompliance condition is unsafe or that a fire or explosion could occur as the result of said noncompliance shall be considered hazardous and substandard. In addition, any condition the fire chief or "designee" has determined provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered hazardous and substandard.

R.    Faulty Materials of Construction. All materials of construction except those that are specifically allowed or approved by the building code and that have been adequately maintained in good and safe condition shall be considered hazardous and substandard.

S.    Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions that constitute a fire hazard, health hazard, safety hazard, or a public nuisance shall be considered hazardous and a public nuisance.

T.    Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy, shall be considered hazardous and substandard. When an unsafe condition exists due to lack of or improper location of exits, additional exits may be required to be installed.

U.    Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof that are not provided with fire-resistive construction or fire-extinguishing systems or equipment required by the building and fire code, except those buildings or portions thereof that conformed to 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, shall be considered hazardous and substandard.

V.    Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies shall be considered substandard.

W.    Inadequate Emergency Egress. Bars, grills, covers, screens, or similar devices are not permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve sleeping rooms, unless the minimum net opening dimensions required for escape and rescue openings are maintained. Such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.

X.    Smoke Alarms. Smoke alarms shall be installed and maintained in all buildings, common areas, or portions thereof used, designed, or intended to be used for human habitation. During construction, smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. One smoke alarm shall be installed at each of the following locations:

1.    On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2.    In each room used for sleeping purposes.

3.    In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed in the upper level shall suffice for the adjacent lower level; provided, that the lower level is less than one full story below the upper level.

Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available which could provide access for building wiring without the removal of interior finishes.

Y.    Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (one hundred two millimeters) high, with a minimum stroke width of one-half inch (twelve and seven-tenths millimeters).

Exception: Rural residential buildings shall not be required to comply with this section, provided such buildings have a form of building identification that has been approved by the fire code official.

(Ord. 2385 NCS §1 (part), 2010.)