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Chapter 15.16 COMMERCIAL BUILDING STANDARDS

15.16.010 Definitions.

15.16.020 Applicability of definitions in this chapter.

15.16.030 Scope of chapter.

15.16.040 Minimum standards.

15.16.050 Duties of enforcing officer.

15.16.060 Enforcement notice of probable violation given by enforcing officer.

15.16.070 Hearing.

15.16.080 Proceedings of hearing.

15.16.090 Emergency notice and hearing.

15.16.100 Responsibilities of owner, operator and occupant independent of each other.

15.16.110 Duties and responsibilities of the owner and operator.

15.16.120 Duties of occupant.

15.16.130 Higher standard to prevail in case of conflict with other ordinances or laws.

15.16.140 Enforcement of and compliance with other ordinances.

15.16.150 Penalties.

15.16.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
“Accessory structure” means a structure the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
“Building” means a structure adopted to permanent or continuous occupancy or use for public, institutional, business, industrial or storage purposes.
“Deterioration” means the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
“Fire hazard” means:
1. Any device or condition likely to cause fire and which is so situated as to endanger either persons or property;
2. The creation, maintenance or continuance of any physical condition by reason of which there exists a use, accumulation or storage of combustible or explosive material sufficient in amount or so located or in such a manner as to put in jeopardy, in event of ignition, either persons or property;
3. The obstruction to or of fire escapes, stairways, aisles, exits, doors, windows, passageways or halls, likely, in the event of fire, to interfere with the operations of the fire department or of the safety and ready egress of occupants.
“Garbage” means all kitchen refuse of residences, hotels, rooming houses class I and II, restaurants or other places where food is prepared for human consumption, and all offal from fish, meat and vegetable markets, and all vegetable or organic substances unfair for food that are subject to immediate decay.
“Infestation” means the presence, within a dwelling or structure, of any insects, rodents, vermin or other pests which constitute a health hazard.
“Junk motor vehicle” means a motor vehicle not displaying proper registration plates and is worn out, inoperative, constitutes a health hazard, or which is ready for dismantling or destruction.
“Operator” means any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let whether with or without the knowledge or consent of the owner.
“Owner” means any person who, alone or jointly or severally with others:
1. Shall have legal or equitable title to any premises, with or without accompanying actual possession thereof;
2. Shall have charge, care or control as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner;
3. For the purposes of Section 15.16.150, “owner” is defined to mean the holder or holders of the record title and all recorded interests therein on the day upon which the notice of condemnation hearing is issued.
“Plumbing” means and includes all of the following supplies, facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed clothes washing machines, installed clothes dryers, installed dishwashers, lavatories, bathtubs, shower baths, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes and lines utilized in conjunction with air conditioning equipment.
“Premises” means a lot, plot or parcel of land including the building or structure thereon.
“Refuse” means and includes brush, weeds, broken glass, stumps, roots, obnoxious growth, filth, garbage, trash, refuse, debris and junk motor vehicles.
“Rest room” means an enclosed space containing one or more toilets and one or more lavatories or fixtures serving similar purposes.
“Rubbish” means all combustible and noncombustible waste materials, except garbage, and the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible material, papers, rags, cartons, boxes, wood, excelsior, rubber, leather, plastic or other synthetic materials, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, abandoned automobiles and dust.
“Structure” means any combination of any material, whether fixed or portable, forming a construction, including buildings.
“Ventilation” means the supply and removal of air to and from any space by natural or mechanical means.
Ventilation, mechanical. “Mechanical ventilation” means ventilation by power-driven devices.
Ventilation, natural. “Natural ventilation” means ventilation by an opening to outer air through window, skylight, door or stack with or without wind-driven devices.
“Weathering” means any deterioration, decay or damage caused by exposure to the elements. (Prior code § 16-71)

15.16.020 Applicability of definitions in this chapter.

All definitions interpreted in Chapter 15.12, housing code, shall be applicable to this chapter. (Prior code § 16-72)

15.16.030 Scope of chapter.

Every building and the premises on which it is situated shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which shall have been issued for the use or occupancy or for the installation or repair of equipment or facilities prior to the effective date of the ordinance codified in this chapter. (Prior code § 16-73)

15.16.040 Minimum standards.

This chapter establishes minimum standards for the initial continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein. (Prior code § 16-74)

15.16.050 Duties of enforcing officer.

The provisions of this chapter shall be administered and enforced in accordance with Section 15.12.030 of this code relative to commercial structures by the enforcing officer. (Prior code § 16-75)

15.16.060 Enforcement notice of probable violation given by enforcing officer.

Notice of probable violation for this chapter shall be made in accordance with the procedures set forth in Section 15.12.050 of this code. (Prior code § 16-76)

15.16.070 Hearing.

Hearings relative to probable violations in accordance with the provisions of Section 15.16.060 shall be granted in accordance with Section 15.12.060 of this code. (Prior code § 16-77)

15.16.080 Proceedings of hearing.

The proceedings for such hearing shall be made pursuant to Section 15.12.070 of this code. (Prior code § 16-78)

15.16.090 Emergency notice and hearing.

Emergency notices and hearing relative to this chapter shall be carried out pursuant to Section 15.12.080 of this code. (Prior code § 16-79)

15.16.100 Responsibilities of owner, operator and occupant independent of each other.

A. Owners and operators shall have all the duties and responsibilities as prescribed in Sections 15.12.170 through 15.12.260 of this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. Occupants shall have all the duties and responsibilities as prescribed in Sections 15.12.170 through 15.12.260 of this code and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C. Unless expressly provided to the contrary in this section, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
D. Each owner or operator of any building covered by this chapter shall be given access by the occupant to any part of such building or buildings, appurtenant structures or all premises, at all reasonable times for the purpose of making such repairs and/or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant to the provisions of this chapter. (Prior code § 16-80)

15.16.110 Duties and responsibilities of the owner and operator.

The following duties and responsibilities are imposed upon every owner and operator of any building covered by the provisions of this section:
A. Nuisances. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and 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. The items prohibited by this section shall include, but not be limited to: brush, weeds, broken glass, stump roots, obnoxious growth, filth, garbage, trash, debris, dead and dying trees and limbs or other natural growth, loose and overhanging objects, ground surface hazards and junk motor vehicles.
B. Foundation Walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
C. Chimneys and Flue and Vent Attachments. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
D. Porches, Landings, etc. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with bannisters or railings properly designed and maintained to minimize the hazard of fallings, and the same shall be kept structurally sound, in good repair and free from defects.
E. Exterior of Premises and Accessory Structures. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premise and all buildings thereon shall reflect a level of maintenance in keeping with standards of the neighborhood.
F. Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed.
G. Permanent Signs and Billboards. All permanent signs and billboards exposed to public view permitted by reason of other ordinances or laws shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their members, be removed forthwith or put into a good state of repair by the owner of the sign.
H. Display Windows. All display windows or store fronts constructed of plate glass shall be kept clean and free of cracks and no storage shall be permitted therein unless shielded from public view.
I. Store Fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same, similar or comparable materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
J. Temporary Signs. Except for “For Rent” and “For Sale” signs, any temporary sign or other paper advertising materials glued or otherwise attached to a window, or windows, or otherwise exposed to public view shall be removed: (1) at the expiration of the event or sale for which it is erected, or (2) within sixty (60) days after erection, whichever shall occur first.
K. Awnings or Marquees. Any awnings or marquees and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awning or marquee is made of cloth, plastic or of a similar material, cloth or plastic where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weatherings, ripping, tearing or other holes. Nothing in this subsection shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
L. Paint. The exterior of every structure or accessory structure shall be kept in good repair and kept painted where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance.
M. Restrooms. Restrooms shall be surfaced with waterproof floors and shall be kept dry, clean and sanitary at all times. Sufficient restrooms shall be installed and maintained for each sex commensurate with the use of the premises. Every restroom shall be provided with a permanently installed artificial lighting fixture and a wall switch thereof which is free from danger of short circuiting.
N. Electric Power. All premises shall be properly connected to and provided with electric power as requested for the operation of the structure. All such connections and electrical equipment shall be installed and maintained in conformity with the provisions of the National Electrical Code and other applicable ordinances.
O. Fuse Sizes. Maximum fuse sizes consistent with safety shall be posted conspicuously and no fuse shall be installed in a fuse box in excess of the stated maximum except that owners and operators shall not be responsible for violation in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupant who shall be responsible for such violations. (Prior code § 16-81)

15.16.120 Duties of occupant.

The following duties and responsibilities are imposed upon every occupancy of any building covered by the provisions of this section:
A. Upon discovery by the occupant of code violation, the occupant shall first report same to the owner or operator and upon failure of the owner or operator to act within five days to cure said violation, the occupant shall then report to the housing code officer immediately. This subsection shall not be construed to limit the housing code officer from seeking rectification of a violation which in his opinion is considered to endanger the health and safety of an occupant or occupants prior to the cited five-day period.
B. All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition.
C. Storage bins, rooms and areas shall not be used for the accumulation of garbage or refuse.
D. Every occupant shall be responsible for the elimination of conditions conducive to infestation in areas subject to his control.
E. No occupant shall install electrical fuses in a fuse box in excess of the posted limit. (Prior code § 16-82)

15.16.130 Higher standard to prevail in case of conflict with other ordinances or laws.

In any case where the provisions of this chapter impose a higher standard than that set forth in any other ordinance or law, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance or law, then the higher standard contained in such other ordinance or law shall prevail. (Prior code § 16-84)

15.16.140 Enforcement of and compliance with other ordinances.

No license or permit or other certification of compliance with this chapter shall constitute a defense to any violation of any other ordinance of the city applicable to any structure or premises, nor shall any provision of this chapter relieve any owner, operator or occupant from complying with any other provision, nor any official of the city from enforcing any such other provisions. (Prior code § 16-85)

15.16.150 Penalties.

The penalties as provided in Chapter 15.12 shall be in effect for this chapter. (Prior code § 16-83)
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