ORDINANCE 10-________

AN ORDINANCE ESTABLISHING A

PROPERTY MAINTENANCE CODE

IN THE CITY OF MT. WASHINGTON

            WHEREAS,  the City Council’s goal is to insure public health, safety and welfare as they are affected by the maintenance and general appearance of developed and undeveloped property within the City Limits, and

            WHEREAS, the Residents and Owners of Property benefit by the maintaining of their property values if their property and those surrounding Residents and Property Owners are adequately maintaining their property, and

            WHEREAS,   the City benefits from adequately maintained property so as to maintain assessed valuations upon which the City’s real and personal property tax rates are based,

NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MT. WASHINGTON THAT:

Article I. Title, Policy and Purposes.

Section 1. TITLE. This Ordinance shall be known as "The Property Maintenance Code," and may be referred to in this Ordinance in the short form as "this code."

Section 2. FINDINGS AND DECLARATION OF POLICY. It is hereby found and declared that there exist in the city structures used for residential and nonresidential use which are, or may become in the future, substandard with respect to structure, equipment or maintenance, or further that such conditions including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation,   existence of fire hazards, inadequate provisions for light and air, unsanitary conditions which constitute a menace to the health, safety and welfare of the citizens of the city. It is further found and declared that by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.  It is further found that violations of this ordinance as set forth herein constitute a public nuisance.

Section 3. PURPOSE. The purpose of this code is to protect the public health, safety, and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violations of this code; and to provide for the repair, demolition or vacation of premises unfit for occupancy or use.

Article II. Definitions.

Section 1. MEANING OF CERTAIN WORDS. The following terms wherever used herein or referred to in this code shall have the respective meanings assigned to them unless a different meaning clearly appears from the context: all definitions of the BOCA Basic Building Code are hereby included by reference. The BOCA, or Building Officials Conference of America, Basic Building Code referred to is the latest edition published before the passage of this ordinance..

Deterioration: The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance..

Exposed to public view: Any premises, or any part thereof, of any building or any part thereof, which may be lawfully viewed by the public.

Exterior of the premises: Open space on the premises outside of any building thereon.

Extermination: The control and elimination of insects, rodents and vermin.

Garbage: (see also Refuse, Rubbish). Putrescible animal and vegetable waste.

Hearing Board:  means the body hereby established and empowered to conduct hearings, to administer oaths, affirmation, examine witnesses and receive evidence for violations hereof and composed of not less than four (4) nor more than six (6) persons appointed by the Mayor. .A majority in attendance of the appointed Board shall constitute a quorum competent to conduct hearings and a majority of those in attendance shall be required to find a violation.

Habitable rooms: Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries. Corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms, and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area shall not be considered as habitable rooms.

Infestation: The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.

Mixed occupancy: Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or used as a hotel.

Mortgagee in possession   Any mortgagee who is a party in litigation in any court of competent jurisdiction wherein there is a debt secured in whole or part by an encumbrance on the premises and the premises are unoccupied by anyone having a legal right to occupy such premises.

Nuisance:

(a) Any public nuisance as defined by statute or ordinance.

(b) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

(c) Inadequate or insanitary sewage or plumbing facilities in violation of this code.

(d) Insanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code.

(e) Fire hazards.

(f) Any other violation of this ordinance as set forth specifically herein.

Operator:

Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.

Owner:

Any person who, along or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof: or shall have charge, care or control of any dwelling unit, as owner or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

Parties in interest:

Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

Premises:

A lot, plot or parcel of land including the buildings or structures thereon.

Public authority:

Shall mean any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning buildings in the municipality.

Public officer:

The Code Enforcement Officer of the City of Mt.Washington.

Refuse:

(See also Garbage, Rubbish). All putrescible and nonputrescible solid waste (except body wastes), including but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Rubbish:

(See also Garbage, Refuse). Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to paper, wrappings, cardboard, tin cans,  leaves, wood, glass, bedding, crockery, appliances and similar materials.

Article III. Applicability.

Section 1. Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial business or industrial occupancy shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this code. This code shall also apply to mobile home parks.

Section 2. HIGHER STANDARD TO PREVAIL IN CASE OF CONFLICT WITH OTHER LAWS OR ORDINANCES. In any case where the provisions of this code impose a higher standard than set forth in any other local ordinances or under the laws of the state then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any other local ordinances or of the laws of the state then the higher standard contained in any such other ordinances or law shall prevail.

Section 3. ENFORCEMENT OF AND COMPLIANCE WITH OTHER ORDINANCES. No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision, nor any official of the city from enforcing any such other provision.

Article IV. Duties and responsibilities of owners and operators.

Section 1. MAINTENANCE OF EXTERIOR OF PREMISES.

(a) Free of hazards and insanitary conditions.

The exterior of the premises and all structures thereon shall be kept free of all nuisances, and any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises, and free of unsanitary conditions and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

(b) Refuse.

Broken glass, obnoxious growths, filth, garbage, trash, and debris.

(c) Natural growth.

Dead trees, dying trees and limbs by reason of rotting or deteriorating conditions or storm damage which constitute a hazard to persons in the vicinity thereof in an area that is accessible to the public. Trees shall be trimmed or removed to eliminate such conditions.

(d) Overhangings.

Loose and overhanging objects, and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof in an area that is accessible to the public.

(e) Ground surface hazards or unsanitary conditions.

Holes, excavations, breaks, projections, obstructions, hazards, excretion of pets and other animals, on paths, walks, driveway, parking lots and parking areas, and other parts of the premises which are accessible to the public. All holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.

(f) Foundation and Retaining walls.

Foundation and Retaining walls shall be kept structurally sound, free from defects and damage in an area accessible to the public.

(g) Exterior porches, landings, balconies, stairs and fire escapes.

Exterior porches, landings, balconies, stairs and fire escapes shall be properly maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects in mixed occupancy and commercial buildings.

(j) Appearance of exterior of premises and structures.

The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining properties..

Section 2. LANDSCAPING. Premises with landscaping, lawns, hedges and bushes shall be kept from becoming overgrown and unsightly where exposed to public view where the unsightly conditions would constitute a blighting factor depreciating adjoining properties.

Section 3. RECONSTRUCTED WALLS AND SIDINGS. Reconstructed walls and sidings of nonresidential structures shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of the neighboring and adjoining premises as aforesaid.

Section 4. GENERAL MAINTENANCE. The exterior of every structure or accessory structure (including fences) shall be maintained as to be free of broken glass, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties protected from blighting influences.

Section 5. STRUCTURAL AND GENERAL MAINTENANCE. The outside of

every dwelling shall be so maintained as to be weather and water tight.

All parts of the premises shall be maintained so as to prevent infestation.

All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisance, and free from health, safety and fire hazards so that adjoining properties are protected from blighting influences.

Article V. Responsibility.

Section 1. RESPONSIBILITY FOR REMOVAL. The owner or operator shall have the duty and responsibility of removing garbage, refuse, rubbish and all other materials found to be in violation of this ordinance.

Section 2. MAINTENANCE SERVICE. In every building containing three or more dwelling units or rooming units, or combination thereof and unoccupied houses and commercial buildings, the owner shall be responsible to maintain the premises in compliance with this code and keep the premises free from filthy garbage, refuse, rubbish and all other materials found in violation of this code. 

Article VI. Administrative provisions and unfit buildings.

Section 1. PUBLIC OFFICER. All inspections, regulations and enforcement of the provisions of this code, unless expressly stated to the contrary, shall be under the direction and supervision of the public officer. The Mayor may designate a police officer or officers to perform duties as may be necessary to the enforcement of this code.

Section 2. GENERAL ADMINISTRATIVE PROVISIONS, UNFIT BUILDINGS. Whenever a petition is filed with the public officer by a public authority or by a resident of the municipality charging that any building is unfit for human habitation, occupancy or is in anyway a violation of this code, whenever it appears to the public officer on his or her own motion that any building is unfit for human habitation, occupancy or use or that the continuing of any condition constitutes a nuisance in the meaning of this ordinance or presents a condition harmful to the health and safety of the occupants of said building and the general public of the municipality, or is in anyway in violation of this code, the public officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges and containing a notice that a hearing will be held before the Hearing Board at a place therein fixed not less than ten days nor more than thirty days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, to have an attorney and to give testimony at the place and time fixed in the complaint and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Hearing Board.

Section 3. RESULT OF HEARING. If, after such notice and hearing, the Hearing Board determines that the building under consideration is in violation of this ordinance, the Hearing Board shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:

(a) Requiring the repair, alteration or improvement of the said building or property to be made by the owner. The time shall be set forth in the order of not more than 30 days to complete the order. If additional time is required to complete the work, a written request must be made by the property owner to the Mayor containing the reason for the additional time needed. The Mayor shall have the authority to grant an additional 30 day extension. After the second 30 day extension is granted and it is determined by the property owner not to be sufficient time to complete the work, the matter must be brought before the City Council for approval before any additional time can be granted.

(b) If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within the time as specified in the said order of removal.

Section 4. RIGHT TO APPEAL. If after such notice and hearing the person or persons notified disagree with the decision of the Hearing Board, such aggrieved person shall have a right of appeal to the Bullitt District Court within seven (10) days of the Board’s determination.

Section 5. FAILURE TO COMPLY. If the owner fails to comply within the thirty (30) days given in the order to repair, alter or improve, or at the option of the owner, to vacate and close the building and an extension has not been requested by the owner, the public officer may cause such building to be repaired, altered or improved, or to be vacated and closed; the public officer may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful." If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished, or may contract for the same after calling for bids.

Section 6. COSTS. The owner of the property where the public officer had a building removed or demolished or repaired, altered or improved shall be liable for all costs incurred by the public officer on behalf of the city relating to such removal, demolition, repairs, alterations or improvements made. The city attorney shall take steps to collect such costs and to protect the city's interests in collecting such costs.

Section 7. NOTICE. Complaints, orders and notices issued by the public officer shall be served personally or by registered mail. If the person to be served cannot be found, in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed or published in the municipality. A copy of such complaint, notice or order shall be posted in a conspicuous place on premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.

Section 8. ADDITIONAL POWERS OF THE PUBLIC OFFICER. The public officer shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this, including the following powers in addition to others herein granted:

(a) To investigate a buildings condition in the municipality in order to determine if it is unfit for human habitation or occupancy or use;

(b) To enter upon premises when acting on a complaint, for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession and provided that any entrance without the permission of the occupant shall be consistent with the rights of the owners and occupants. Where appropriate, a court order may be sought to permit entry;

Section 9. STANDARDS. The public officer may determine that a building is unfit for human occupancy if he or she finds that conditions are dangerous or injurious to health or safety, including fire hazards, danger of accidents, lack of adequate ventilation, light or sanitary facilities, disrepair, structural defects or uncleanliness.

Section 10. OTHER REMEDIES. In addition to removal or demolition of a building, the public officer may order necessary repairs or improvements to be made by the owner.

Section 11. EMERGENCIES. The public officer may take immediate action to prevent possible injury, damage to health or death, in an emergency, without previous notice. Such action may include evacuation of a building or emergency repair. The owners and occupants of the building shall be notified as soon as possible.

Section 12. PENALTY. Any person, firm or corporation violating any provision of this ordinance shall be subject to a civil penalty or Two Hundred Fifty Dollars ($250) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.  The penalty shall be enforced by the City Attorney for the City of Mt. Washington, after directed to do so by the Mayor, in the appropriate court of competent jurisdiction.  Provided however if the violation is corrected prior to the hearing before the Board as provided for herein the penalty shall be waived. If so deemed, the penalty can be waived by the Board after the hearing is held.

 

Section 13: Should any section, clause, line, paragraph, or any other part of the ordinance be held unconstitutional or invalid for any reason, the same shall not affect the remainder of this ordinance.

Section 14:  All Ordinances or parts of Ordinances in conflict with this Ordinance or any part of this Ordinance are hereby repealed.

Section 15:  This Ordinance shall take effect upon passage and publication as required by law.

First Reading: March 8, 2010

Second Reading __________________

Adopted this _______ day of ________2010 by a vote of ____ in favor ____ against _____ abstain   ______ absent.

____________________________                                        ______________________

Kenneth J. Stovall, Jr. Clerk                                                Joetta Calhoun, Mayor