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7-5-325 SUBSTANDARD BUILDING—CONDITIONS.

    Any building or portion thereof including any dwelling unit, guest room or suite of rooms or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall have deemed and hereby is declared to be a substandard building:

    (a)   Inadequate sanitation shall include, but not be limited to, the following:

    (1)  Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

    (2)  Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

    (3)  Lack of, or improper kitchen sink.

    (4)  Lack of hot and cold running water to plumbing fixtures in a hotel.

    (5)  Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

    (6)  Lack of adequate heating.

    (7)  Lack of, or improper operation of required ventilating equipment.

    (8)  Lack of minimum amounts of natural light and ventilation required by this Code.

    (9)  Room and space dimensions less than required by this Code.

    (10)   Lack of required electrical lighting.

    (11)   Dampness of habitable rooms.

    (12)   Infestation of insects, vermin, or rodents as determined by the Health Officer.

    (13)   General dilapidation or improper maintenance.

    (14)   Lack of connection to required sewage disposal system.

    (15)   Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

    (b)  Structural hazards shall include, but not be limited to, the following:

    (1)  Deteriorated or inadequate foundations.

    (2)  Defective or deteriorated flooring or floor supports.

    (3)  Flooring or floor supports of insufficient size to carry imposed loads with safety.

    (4)  Members of walls, partitions, or other vertical support that split, lean, list, or buckle due to defective material or deterioration.

    (5)  Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

    (6)  Members of ceilings, roofs, ceilings and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration.

    (7)  Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

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

    (9)  Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.

    (c)   Any nuisance.

    (d)  All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

    (e)   All plumbing, except that which conformed with all applicable laws in effect at the time of installation and that has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

    (f)   All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

    (g)   Faulty weather protection, which shall include, but not be limited to, the following:

    (1)  Deteriorated, crumbling, or loose plaster.

    (2)  Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

    (3)  Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

    (4)  Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

    (h)  Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

    (i)   All materials of construction, except those which are specifically allowed or approved by this Code, and which have been adequately maintained in good and safe condition.

    (j)   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 constitute fire, health, or safety hazards.

    (k)  Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the Building Code.

    (l)   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 which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

    When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

    (m) All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

    (n)  All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.

    (o)  Inadequate structural resistance to horizontal forces.

    However, a condition which would require 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 a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration, or conversion.

 

(Legislative History: Ordinance No. 2016-015, 12/5/16; Ordinance No. 2022-014, 12/5/22 (Sections 7-5-3007-5-325))