The following definitions shall apply in the interpretation and enforcement of this article:

(a)   Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” or “premises” are used in this article, they shall be construed as though they were followed by the words “or any part thereof.”

(b)   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.

(c)   Basement means that portion of a dwelling between floor and ceiling which is partly or completely below grade.

(d)   Building means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land exclusive of fences. Interconnected structures shall be considered as one (1) building.

(e)   Building Code means the City Building Code.

(f)    City means the City of Park City, Kansas.

(g)   City Council means the Governing Body of the City.

(h)   Code Enforcement Officer means the duly assigned officer of the City whose job it is to enforce the Code.

(i)    Deterioration means the condition or appearance of a building characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

(j)    Director of Code Enforcement means the person in charge of the Department of the City or his/her authorized representative.

(k)   Dwelling means any building, mobile home or manufactured home which is wholly or partly used or intended to be used for living in or as sleeping quarters for human occupants.

(l)    Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating and part of which is exclusively or occasionally used for cooking.

(m)  Efficiency dwelling Unit is a dwelling unit containing only one (1) habitable room and meeting the requirements of Section 4-307(1)(a).

(n)   Electrical Code means the City Electrical Code as adopted by the City.

(o)   Electrical Inspector means a person employed by the City of Park City for the purpose of inspecting electrical installations.

(p)   Extermination means the control and elimination of insects, rodents or other pests and termites by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and approved pest elimination method.

(q)   Fire Chief means the Director of the Fire Department of the Sedgwick County Fire District or his/her authorized representative.

(r)    Good state of repair means sound, stable, free of deterioration, and performing the function for which intended.

(s)   Good working condition means the item is fully operable for the use for which it was intended.

(t)    Guardrail means a system of building components located near the open sides of elevated walking surfaces for the purpose of minimizing the possibility of an accidental fall from the walking surface to the lower level.

(u)   Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet rooms, laundries, pantries, foyers, communicating corridors, closets, storage spaces and basement rooms used only for storage or utility purposes.

(v)   Handrail means a railing provided for grasping with the hand for support.

(w)  Hotel. See “rooming house.”

(x)   Hot water means the water supply to plumbing fixtures heated to a temperature of not less than 110°F.

(y)   Human habitation means the act of occupancy of a building or structure as a dwelling unit, or as a commercial or industrial business.

(z)   Infestation means the presence, within a structure, of any insects, rodents or other pests which may be harmful to the health or safety of the occupants or the soundness of the structure.

(aa)  Manufactured home means a structure consisting of one (1) or more mobile components manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards Act generally known as the HUD Code established pursuant to 42 U.S.C.§ 5403. Such units shall provide all the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations.

(bb) Mechanical Code means the City Mechanical Code as adopted by the City.

(cc)  Mechanical Equipment means fuel-burning equipment, ventilation systems, and appliances.

(dd) Mobile Home for purposes of this article, means a moveable detached single-family dwelling unit that was manufactured prior to 1976 and is not in conformance with the National Manufactured Home Construction and Safety Standards Act, or HUD Code.

(ee)  Motel. See “rooming house.”

(ff)   Occupant means any person, with or without the knowledge or consent of the owner, who has actual possession of a dwelling unit or rooming unit and who is living, sleeping, cooking or eating within the dwelling unit or rooming unit.

(gg) Operator means any person who has charge, care or control of a building, or part thereof, with or without the knowledge or consent of the owner, in which dwelling units or rooming units are let.

(hh) Owner means any person who is a holder of any legal or equitable interest in the premises, and alone or jointly or severally with others,

(1)   has record legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or

(2)   has charge, care or control of any dwelling or dwelling unit and if the case permits, may include all persons who have an interest in a structure and any who are in possession or control thereof as owner or agent of the owner, contract purchaser, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner; or

(3)   collects rent for a dwelling unit on behalf of or in place of the owner.

(4)   Any such person representing the owner shall be bound to comply with the provisions of this chapter to the same extent as if he/she were the owner, and upon failure to comply therewith shall be subject to the same penalties hereinafter set out.

(ii)   Person as used in this article, means any individual, firm, association, Joint Stock Company, syndicate, partnership, or other legal entity, or a natural person for the purposes of the occupancy standards hereof.

(jj)   Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, water heaters, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar Supplied fixtures, together with all connections to water, sewer or fuel lines, including water pipes and lines utilized in connection with air-conditioning equipment.

(kk) Plumbing Code means the City Plumbing Code as adopted by the City.

(ll)   Premises shall mean a lot, plot or parcel of land including the dwellings and structures located thereon.

(mm)         Remodel shall mean to alter the structure of or to reconstruct.

(nn) Rooming house means any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is available and used, or intended to be used, by five or more persons, none of whom are the legal spouse, offspring, parent, or sibling of the owner or operator.

(oo) Rooming unit means any room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally used for cooking.

(pp) Safe and sanitary for purposes of this article, shall mean free from conditions that are dangerous or could cause injury and free from elements such as filth or bacteria that endanger health.

(qq) Sewer Code means the City Sewer, Sewage Disposal and Drains Code as adopted by the City.

(rr)   Structurally sound means free of imperfections and/or deterioration which affect the intended use of a structure or the integrity of the footing, foundation, wall, roof, chimney, arch, window, door or porch/deck support systems.

(ss)  Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including hard-surfaced walks and terraces or public items such as utility poles, street light fixtures and street signs.

(tt)   Supplied means paid for, furnished or provided by or under the control of the owner or operator.

(uu) Temporary housing means any tent, trailer or motor home used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system for more than thirty (30) consecutive days.

(ww)         Workmanlike manner means installation or repair which meets the minimum recommended installation and maintenance requirements of the product manufacturer and meets all applicable code requirements.

The Director of Code Enforcement is designated to administer and enforce this article. This article shall be applicable to all dwellings, buildings and structures either now in existence or hereinafter constructed in the City, and to all dwellings, buildings and structures which become incorporated into the City. In the event of conflict of ordinances applicable to such construction or remodeling and applicable to existing dwellings, the provision of the City ordinance that establishes the higher standard for the promotion and protection of the welfare and safety of the people shall prevail. Dwellings, buildings and structures lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, maintenance, or repair is in accordance with the original design and location and no hazard to life, health or property has been created. Dwellings, buildings and structures that have been moved or have undergone a change in occupancy classification shall comply with all applicable City of Park City Codes as if the dwelling, building or structure were new. The intent of this article shall also be to assist and further the restoration and preservation of those sites, dwellings, buildings, structures and objects which have been entered or may be eligible for entry on the National Register of Historic Places, pursuant to Title 16, United States Code, Section 470(a), or other appropriate legislation, or as designated by the Park City Council or the Kansas Historical Society, and those sites, buildings and structures which contribute to the integrity of location, design, setting, feeling and association of any such designated or eligible historic place, it being recognized that such dwellings, buildings or structures cannot and will not be restored and preserved if they are required to conform to Building Codes and other regulations promulgated subsequent to their construction, and it is further intended that this article be liberally construed to serve the purposes as stated above and to further such restoration and preservation.

(a)   The City Administrator or designee shall create, and from time to time review and update, a housing code enforcement policy and procedure manual. The manual shall include policies and procedures which provide for:

(1)   Equal enforcement of the housing code regardless of whether the unit is tenant-occupied or owner-occupied;

(2)   Courteous treatment of citizens by inspectors;

(3)   Search and seizure methods which follow Fourth Amendment principles;

(4)   In-service training of inspectors on the requirements of the manual;

(5)   Definitions of the terms “vacant,” “emergency” and “abandoned,” and a process for differentiating between such terms;

(6)   Prosecution of interior and exterior housing code violations visible from either private or public property;

(7)   Requesting and receiving permission to inspect for code violations;

(8)   Written notice to the property owner of violations and the process for obtaining additional information about or appealing such notice of violations;

(9)   Inspections of dangerous, abandoned dwellings, buildings or structures;

(10) Obtaining search warrants when inspection is refused;

(11) Use of placarding guidelines;

(12) Guidelines for declaration of a dwelling as unfit for habitation; and

(13) A detailed extension policy.

(b)   No changes may be made to the policy and procedure manual without the prior review of such changes by the City Attorney and approval by the Board of Housing Standards and Appeals. The City Administrator or designee may appeal the denial of approval to the City Council for the final decision on changes to the policy and procedure manual.

No Person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

(a)   Every dwelling unit shall contain a kitchen sink;

(b)   Every dwelling unit shall contain a room, separate from the habitable rooms, which affords privacy to a person within such room and which is equipped with a flush water closet and a lavatory basin. Such lavatory basin may be located outside the room containing the flush water closet provided it is convenient to such room, and such location is approved by the Code Enforcement Officer or designee.

(c)   Every dwelling unit shall contain a room, separate from the habitable rooms, which affords privacy to a person within such room and is equipped with a bathtub or shower;

(d)   Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of paragraphs (1), (2) and (3) of this section shall be properly connected to both hot and cold water lines. The hot water lines shall be properly connected with supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of heating water to such a temperature as to permit an adequate amount of hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower.

(e)   All plumbing fixtures required by this section, or otherwise provided, shall be in good working condition and properly connected to a water system and to a sewerage system approved by the City of Park City.

(f)    Every dwelling unit shall be provided with adequate trash service and storage facilities whose type and location are approved by the City of Park City.

(g)   Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, whose type and location are approved by the City of Park City.

(h)   Every dwelling unit shall have approved, safe, unobstructed direct means of egress leading to safe and open space at ground level, which is accessible to a public street or alley;

(i)    Every dwelling unit shall have cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and for food that does not under ordinary summer conditions require refrigeration for safe keeping; and a counter or table of sound construction furnished with surfaces that are easily cleanable and that will not import any toxic or deleterious effect to food, with a minimum countertop area of eleven (11) square feet, provided that vinyl-type floor coverings shall not be allowed to be used as a countertop surface.

(j)    Every dwelling unit shall have a stove, or similar device, for cooking food and a refrigerator, or similar device, for safe storage of food at temperatures less than forty-five degrees Fahrenheit (45ºF.) but more than thirty-two degrees Fahrenheit (32ºF.) under ordinary maximum summer conditions, which are properly installed with all necessary conditions for safe, sanitary and efficient operation; provided that such stove, refrigerator and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of said stove, refrigerator and/or similar devices are provided;

(k)   Every dwelling unit shall have a suitable cabinet for storage of drugs, and a suitable facility for the safe storage of household poisons and other hazardous products;

(l)    Every dwelling unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front;

(m)  Every dwelling or dwelling unit shall be equipped with safe, functioning locking devices on all exterior doors and ground floor windows of the dwelling or dwelling unit;

(n)   All existing installations and/or repairs made to conform to this and all other applicable City Codes must be installed in a “workmanlike manner.”

(o)   Every dwelling unit and every guest room in a hotel, rooming house, apartment building, and mobile home used for sleeping purposes shall be provided with smoke detectors conforming to current Uniform Building Code as adopted and amended by City ordinance. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In addition there shall be at least one detector provided on every floor level with interconnected wiring designed to sound all audible alarms simultaneously. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer’s instructions. When activated, the detector shall provide an alarm in the dwelling unit or guest room. Required detectors shall receive their primary power from the building wiring, that portion of which is served by a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. A smoke detector shall be installed in the basement of dwelling units.

The provisions of this subsection shall apply to all existing buildings except as follows:

(1)   In existing owner occupied single family dwellings constructed prior to 1976, battery powered smoke detectors may be installed, and shall be deemed to be in compliance with this article provided that such detectors are maintained in operable condition. (This exception does not apply to rental homes or units, or guest rooms in a hotel, or lodging house, apartment buildings or other dwellings not occupied by the owner.)

(2)   In no case shall code enforcement inspections be conducted in owner occupied one-and two-family dwellings to ascertain compliance with this article. However any owner occupied one and two family dwelling unit that is undergoing a remodel where the value of the remodel exceeds 30% of the value of the structure than hard wired interconnected battery backup smoke detectors will be required.

No person shall occupy as owner-occupant or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(a)   Every habitable room shall be provided with natural light by means of exterior glazed opening of not less than 8 percent of the floor area of such room or shall be provided with artificial light adequate to provide illumination of 10 foot-candles over the area of the room at a height of 30 inches above the floor. Every stairway within a dwelling, building or structure, and exterior stairways serving a dwelling, building or structure shall have an illumination level on the tread runs of not less than 1 foot-candle.

(b)   Every habitable room shall have at least one window which can easily be opened and such easily opened window space shall equal at least forty-five percent (45%) of the minimum window area required in paragraph (1) of this section; or, provided that positive mechanical ventilation or such other device as will adequately ventilate the room may be approved by the Director of Code Enforcement in lieu of such easily opened window;

(c)   Every bathroom and water closet room shall comply with the light and ventilation requirements for habitable rooms contained in paragraphs (1) and (2) of this section, except that no window shall be required in bathrooms and water closet rooms equipped with a ventilation system which is installed in accordance with the Building and Mechanical Codes. A skylight that is capable of being opened, approved by the Director of Code Enforcement, may be used in lieu of a window in bathrooms and water closet rooms;

(d)   Every dwelling shall be connected to an electrical supply provided by an electrical utility company. Every habitable room of any existing dwelling shall contain at least three (3) separate wall-type electric convenience duplex outlets or two (2) such convenience duplex outlets and one (1) ceiling electric light fixture, which is continuing in compliance with the electrical code standards, that was in force at the time of its construction or remodel.

EXCEPTION: This requirement may be reduced to at least two (2) separate wall-type electric convenience duplex outlets or one (1) such convenience duplex outlet and one (1) ceiling light fixture if the Director of Code Enforcement or designee determines that the existing occupant load of the dwelling unit and/or the use or load of electric appliances, equipment, lights, and/or fixtures in any habitable room does not pose a safety problem or hazardous condition, and as long as such room was constructed during a time period when electrical codes allowed such construction.

(e)   Every toilet room, bathroom, laundry room, furnace room, private and public hall shall contain at least one (1) ceiling electric light fixture or wall-type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.

(f)    The minimum capacity of the electrical service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the City Electrical Code.

(g)   Where the determination is made by the Electrical Inspector, upon examination of the existing electrical service supply, that the electrical service supply is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, such as but not limited to, overloading of circuits, unsafe wiring or inadequate wiring, then such conditions shall be corrected by a Licensed Electrical Contractor in conformance to the City Electrical Code.

EXCEPTION: If the owner-occupant of a detached single-family dwelling desires to install any electrical installations on the load side of the service panel board in the main structure or in the usual accessory buildings thereto, the owner occupant shall obtain an electrical permit as required by the City Electrical Code, upon fulfillment of exam and plan review requirements as administered by the Electrical Section of the City of Park City Department of Code Enforcement. The owner obtaining said permit shall personally purchase all materials and shall personally perform all labor in connection with the permitted project. The owner shall call for all inspections and otherwise be responsible to comply with all the applicable provisions of the City Electrical Code.

(h)   Extension cords or other temporary or unapproved methods shall not be used as a substitute for the fixed wiring of a structure if such cord runs through holes in walls, ceilings, floors, doorways, windows, or similar openings, is attached to building surfaces, or is concealed behind building walls, ceilings, or floors, it shall be deemed as a violation and shall be removed.

(i)    Every dwelling and dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet rooms located therein to a temperature of at least seventy degrees Fahrenheit (70ºF.)) at a point three (3) feet above the floor;

(j)    On all dwelling and dwelling units not equipped with central or portable air-conditioning equipment every door opening directly from a dwelling to outdoor space, used for ventilation, shall have a supplied screen door and a self-closing device; and every window or other direct opening to outdoor space from the dwelling, used for ventilation, shall likewise be supplied with screens; provided that screens shall not be required in windows or other openings above the third floor of any dwelling. All screens shall be adequate to exclude insects and of a type approved by Director of Code Enforcement or designee;

(k)   Every basement window used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or other such device as may be determined by the Director of Code Enforcement or the health officer to effectively prevent their entrance;

(l)    Every public hall and means of egress leading into a multiple dwelling unit shall be adequately lighted at all times so as to provide in all parts thereof at least one (1) foot candle of light at the tread or floor level by artificial means, and shall be provided with emergency illumination supplied by a backup power source independent of the primary electrical system. Every exit door in structures containing not more than two (2) dwelling units shall be supplied with conveniently located light switches controlling an adequate exterior lighting system which may be turned on when needed, or automatic lighting system designed to provide the required exit door lighting.

(m)  There shall not be any improperly vented space and/or room heaters in any dwelling unit. Space and/or room heaters shall be of a type listed for their intended use. If such space and/or room heaters are equipped with a pilot light, it shall be an approved automatic safety type device. Vented freestanding space and/or room heaters shall be installed with provisions for supplying sufficient combustion air and with clearance from combustible material as listed on the appliance, and in compliance with the Mechanical Code;

(n)   Every residential structure shall contain ceiling insulation material that meets the requirements of Federal Specification HH-I-515C including a flame spread factor of fifty (50) or less and that achieves a minimum rating factor of R-19 as approved by the Director of Code Enforcement. Any ceiling insulation material that is installed hereafter in an existing residential structure shall meet the requirements of Federal Specification HH-I-515C including a flame spread factor of fifty (50) or less as approved by the Director of Code Enforcement, and shall, in addition, contain an R rating factor label. The ceiling insulation material shall be installed in accordance with the manufacturer’s specifications and in a manner that achieves a minimum rating factor of R-19. R shall be defined for purposes of this section as that term is defined by the American Society of Heating, Refrigeration and Air Conditioning;

(o)   All existing installations and/or repairs made to conform to this and all other applicable codes must be installed in a workmanlike manner.

No person shall occupy as owner-occupant or let to another for occupancy any dwellings, buildings or structures which do not comply with the following requirements:

(a)   Every footing, foundation, foundation wall and foundation support shall be substantially weather tight, watertight, and rodent proof, and shall be maintained in structurally sound condition and good repair, free of cracks, and/or loose or missing mortar.

(b)   Structural supporting members-Supporting structural members are to be maintained in a structurally sound condition and in good repair, free of deterioration and rot, capable of bearing imposed live and dead loads in a safe manner.

(c)   All chimneys shall be maintained in structurally sound condition and good repair, free of cracks and loose and/or missing mortar.

(d)   All exterior walls and wall coverings shall be maintained in sound condition and good repair, free of deterioration and rot, substantially weather tight, watertight and rodent proof, and free of missing and/or loose mortar. New wall coverings shall be installed in a workmanlike manner using building materials recognized for that purpose in compliance with the Building Code. Surface coat shall be a consistent color matching existing coat or shall be resurfaced with the same color.

(e)   Roofs shall have a covering free of holes, cracks or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability, shall be substantially weather tight and watertight, and shall conform to the requirements of the Building Code. Metal roofs showing signs of corrosion shall be painted with an approved product applied in accordance with the manufacturer’s specifications or protected using materials recognized for that purpose. Gutters and downspouts, where in existence, shall be maintained in a good state of repair.

(f)    All soffits, fascias and exterior trim shall be maintained in sound condition and good repair, substantially free of deterioration and rot. New soffits, fascias and exterior trim shall be installed in a workmanlike manner using materials recognized for that purpose in compliance with the Building Code.

(g)   Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be maintained in structurally sound condition and good repair; substantially free of deterioration and/or rot. Each stairway shall have uniform risers and treads, the greatest riser height, and run width, within any flight of stairs shall not exceed the smallest by more than three-eighths (3/8”) inch. No stair riser serving a dwelling unit shall exceed nine (8”) inches and no stair tread shall be less than eight (9”) inches. Further on non residential occupancies each stairway shall have uniform risers and treads, the greatest riser height and run width within any flight of stairs shall not exceed the smallest by more than three-eights (3/8”) inch. No stair riser serving a non residential occupancy shall have a riser height of more than seven (7”) inches and no stair tread shall be less than eleven (11”) inches, provided that any new stair construction shall meet the requirements of the Building Code.

(h)   Structurally sound handrails shall be provided, on at least one side, of any stairway having five (4) or more risers. Handrails shall be installed a minimum of thirty-two (32”) inches and a maximum of thirty-eight (38”) inches above a tangent line measured above the top edge of the nosing of the stair treads. Stairways, porches, balconies, decks, and other raised areas with open sides having any surface (30”) inches or higher above adjacent grade shall have guardrails that will not allow passage of an object (4.5”) inches or more in diameter. New stairs, porches and appurtenances shall be installed in a workmanlike manner using materials recognized for that purpose in compliance with the Building Code.

(i)    Every window, exterior door, and basement hatchway shall be reasonably weather tight, watertight and rodent and insect proof, and shall be maintained in sound working condition, maintained without cracks or holes and in a good state of repair. All windows intended for ventilation must be equipped with fully operable hardware.

(j)    Every floor, interior wall and ceiling shall be maintained in sound condition and good repair, free of holes and cracks, and constructed of a building material recognized for that purpose.

(k)   Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstruction.

(l)    Every supplied facility, piece of equipment, or utility shall be so constructed and installed that it will function safely and effectively and shall be maintained in satisfactory working condition, or it shall be removed, replaced and/or repaired in accordance with the applicable Codes.

(m)  Every kitchen floor surface and every water closet room floor surface and bathroom floor surface, except where constructed of materials impervious to moisture, shall be covered with asphalt, vinyl-plastic, rubber tile, ceramic tile, terrazzo or linoleum or other durable waterproof, non-absorptive material and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Existing carpet will be allowed provided that it has been maintained in a clean and sanitary manner.

(n)   The exterior of all structures, including accessory structures and fences, shall be protected from the elements by the application of paint or other approved protective material and shall be maintained in a good state of repair. All paint and other approved protective materials shall be applied in accordance with the manufacturer’s specifications; provided, however, wood of natural decay resistance, recognized as not needing finish, does not require surface coating provided one has never been applied. Surface coating shall match existing color or be resurfaced with consistent color.

(o)   All structures, accessory structures, appurtenances and fences shall be free of deterioration and maintained in a good state of repair such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property.

(p)   Mobile Homes shall be properly blocked and anchored as provided by City ordinance and shall be solid-skirted with an approved fire-resistant material.

(q)   No Person, owner or operator shall occupy or let to any other occupant any vacant building or structure, dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy and unless it complies with all provisions of this article.

(r)    All existing installations and/or repairs made to conform to this and all other applicable City Codes must be installed in a workmanlike manner.

(s)   Approaches, driveways, parking areas, patios, sidewalks, porches, outdoor steps, ramps, porte-cocheres and appurtenances shall be constructed of hard surface materials and sloped at a rate that will not allow ponding or pooling of water to occur. Approaches, driveways, parking areas, patios, sidewalks, porches, outdoor steps, ramps, porte-cocheres and appurtenances shall be maintained in a safe and serviceable condition without offsets, potholes, or cracks that would create hazardous conditions.

EXCEPTIONS:

1.    Accessible routes of travel shall comply with State of Kansas accessibility guidelines when applicable.

2.    Patios, sidewalks, porches, outdoor steps, ramps and similar items may be constructed of other materials that are not subject to rot or deterioration due to exposure to the elements and are maintained in good repair.

Existing approaches, driveways, and parking areas that are constructed out of porous materials may have their use continued if they are maintained free of potholes, are of materials not conducive to the production of dust, do not allow the tracking of materials onto the public ways, and are not incorporated as part of any required means of accessibility routs of travel.

(t)    Yards, lots, easements, and right of ways shall all drain away from structures and shall be graded to minimize any ponding or pooling of water on said yards, lots, easements, and right of ways.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(a)   Except as set forth below, every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area;

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

(1)   The unit shall have a living room of not less than two hundred twenty (220) square feet of superficial floor area. An additional one hundred (100) square feet of superficial floor area shall be provided for each occupant of such unit in excess of two (2).

(2)   The unit shall be provided with a separate closet.

(3)   The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front. Light and ventilation conforming to this article shall be provided.

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

(c)   Every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space for the first occupant, one hundred (100) square feet for two occupants, and at least fifty (50) square feet of floor space for each additional occupant thereof. Every egress or rescue window from a sleeping room must have a minimum net clear opening of three and three-tenths (3.3) square feet with minimum net clear opening dimensions of seventeen (17) inches by twenty-four (24) inches, and a minimum overall breakout area (including frame) of five (5) square feet.

(d)   No basement space shall be used as a habitable room or dwelling unit unless it complies with the following requirements:

(1)   The floor and walls are impervious to leakage of underground and runoff water and are free from dampness and mold.

(2)   The minimum standard for light, ventilation, heating and electricity in each room is equal to the minimum required in 4-305 herein. Where the required light and ventilation is provided by an exterior window the window shall be located entirely above the grade of the adjoining ground or such window shall open into a window well that meets the minimum area requirements.

(3)   The window area in each room is equal to the minimum window area required in 4-305 (b) herein and such required window area is located entirely above the grade of the ground adjoining such window area; provided, that window area below grade may be acceptable when the window well is so designed that a plane of forty-five degrees (45º) with the horizontal will not obstruct the window area; provided, further, that every basement room used for continual sleeping purposes which was constructed and designed for such continual sleeping purposes after January 1, 1964, must have at least one (1) window or door which can be used for egress or rescue. Every egress or rescue window from a sleeping room must have a minimum net clear opening of three and three-tenths (3.3) square feet with minimum net clear opening dimensions of seventeen (17) inches by twenty-four (24) inches, and a minimum overall breakout area (including frame) of five (5) square feet. Where windows are provided as a means of egress or rescue, they shall have a sill height of not more than forty-four (44) inches above either the floor or the highest tread of no more than two (2) permanently installed steps or a step and platform where the rise of each step does not exceed eight (8) inches, with each step or platform having a minimum depth of nine (9) inches from the interior edge of the step or platform to the wall surface under the egress or rescue window, and a minimum width of twenty-four (24) inches. The above requirements must be determined to be readily achievable by the Director of Code Enforcement or his designee. Alternative egress window installations with respect to the minimum sill height requirement may also be requested in writing and approved in writing by the Director of Code Enforcement or designee. Existing window wells that are not designed with horizontal dimensions that allow the window to be fully opened will have to be re-constructed to comply with requirements of the Building Code.

(4)   The facilities for ventilation in each room are equal to at least the minimum as required under Section 5(2) herein;

(e)   Every Dwelling Unit shall have at least four (4) square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant.

(f)    All existing installations and/or repairs made to conform to this and all other applicable City Codes must be installed in a “workmanlike manner.”

(a)   Every owner of a building or structure containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

(b)   Every occupant of a building or structure shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises that he/she occupies or controls.

(c)   Every occupant of a building or structure shall dispose of all his/her trash in a clean and sanitary manner by placing it in the trash containers required by Section 4(6) herein.

(d)   Every occupant of a building, dwelling or structure shall dispose of all his/her garbage and any other organic waste in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by Section 4(7) herein. If garbage disposal facilities are not provided, it shall be the responsibility of the owner to supply proper garbage storage containers for all dwelling units in a dwelling containing two (2) or more dwelling units which are located on one (1) premises. In all other cases, it shall be the responsibility of the occupant to furnish such containers.

(e)   Every owner of a building, dwelling or structure shall be responsible for maintaining all accessory or minor structures on the premises in sound condition and good repair. The exterior of such structures shall be made weather-resistant through the use of decay-resistant materials or the application of paint or other approved preservatives. They shall be maintained in a clean and sanitary manner so as not to constitute a health or fire hazard. It shall be the responsibility of the owner to correct or remove such accessory structures, if they constitute a nuisance because of one of the aforestated conditions.

(f)    Every owner of a dwelling or dwelling unit shall be responsible for supplying screens as required under the provisions of this article or of any rule or regulation adopted pursuant thereto, unless such structure has an operating central air conditioning unit. Maintenance or replacement of screens once installed in any one (1) season becomes the responsibility of the occupant.

(g)   Every occupant of a building, dwelling or structure shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

(h)   Every owner of a building, dwelling or structure located on property where fencing has been constructed, whether for purpose of utility to provide a physical barrier or of decorative screening for visual separation, shall be responsible for maintaining such fence or screen in sound condition. Fencing and screening shall include, but not be limited to, constructions of metal, wood, masonry or wire. Retaining walls, twelve (12) inches or more in height, shall be maintained in sound condition.

(i)    The occupant of a single family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Whenever Infestation exists in two (2) or more of the dwelling units in any dwelling, extermination thereof shall be the responsibility of the owner.

(j)    It shall be the responsibility of the owner to effectively correct any conditions of termite infestation. In cases of extreme visible damage to structural members of the dwelling, treatment must be done by a licensed and certified exterminator.

(k)   Every occupant of a dwelling unit shall be responsible for maintaining existing supplied smoke detectors in working condition, provided that if the smoke detector is hard-wired, the electrical wiring shall remain the responsibility of the owner.

(l)    All existing installations and/or repairs made to conform to this and all other applicable City Codes must be installed in a “workmanlike manner.”

No Person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with all the applicable provisions of this article and the following provisions:

(a)   There shall be supplied at least one (1) flush water closet, lavatory basin and bathtub or shower, properly connected to a water system and a sewerage system approved by the health officer and in a good working condition for each six (6) persons residing within a rooming house, including members of the operator’s family wherever they share the use of such facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets. All such facilities shall be located within the dwelling so as to be reasonably accessible from a common hall or passageway to all Persons sharing such facilities. Every lavatory basin or bathtub or shower shall be supplied with hot water at all times.

(b)   The operator of every rooming house shall supply and change bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

(c)   Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each additional occupant thereof.

(d)   Every rooming unit shall have approved, safe, unobstructed, direct means of egress leading to safe and open space at ground level which is accessible to a public street or alley.      

(e)   The operator of every rooming house shall be responsible for the maintenance of all parts of the rooming house and the premises thereof in a clean and sanitary condition.

(f)    Every provision of this article which applies to rooming houses shall also apply to hotels and motels; provided that motel units containing cooking facilities or kitchens shall be deemed to be dwelling units and shall comply with the applicable provisions of this chapter.

The Director of Code Enforcement or Code Enforcement Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, and all other accessory structures or premises located within the City, in order that he may perform his duty of safeguarding the welfare and safety of the occupants of dwellings and of the general public and in order that he may ascertain that the standards for buildings and structures as set forth in this article are properly maintained. For the purpose of making such inspection the Director of Code Enforcement is hereby authorized to enter, examine, and survey at any reasonable time all dwellings, dwelling units, rooming units and all other accessory structures and premises. The owner, operator, and occupant of every dwelling, dwelling unit and rooming unit shall give the Director of Code Enforcement or Code Enforcement Officer free access to such dwelling, dwelling unit, rooming unit, and all other accessory structures and premises at all reasonable times for the purpose of such inspection, examination and survey. The failure to give such access to the Director of Code Enforcement shall not be a violation of this article, and shall not be subject to the penalties set in Section 21. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling unit and all accessory structures or premises at all reasonable times for the purpose of making such repairs or alterations that are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article. Notwithstanding anything to the contrary herein, the Director of Code Enforcement, at all times in making such inspection, shall comply with federal and state laws, rules and regulations regarding going upon private property to make inspections, and the Director of Code Enforcement shall make application to procure right of entry and inspection to a court of competent jurisdiction when such is required in order to comply with federal and state laws, rules and regulations.

Whenever the Director of Code Enforcement or Code Enforcement Officer determines that there has been a violation of any provision of this article, except Section 4-318 hereof, or of any use or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefore as hereinafter provided. Such notice shall:

(a)   be in writing;

(b)   particularize the violations alleged to exist or to have been committed;

(c)   provide a reasonable time for the correction of the violation particularized;

(d)   be addressed to and served upon the owner of the property and the operator of the dwelling, or the occupant of the dwelling unit or rooming unit concerned if the occupant is or may be responsible for the violations; provided that such notice shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally or if a copy thereof is sent by certified mail to his last known address. If the notice cannot be conveniently served by the aforesaid, service of the notice may be made upon such person or persons by posting the notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Director of Code Enforcement shall make a statement for inclusion in the record as to why such posting was necessary. Such notice may contain an outline of remedial action which, if taken, will effect correction of the particularized alleged violations.

Any notice served pursuant to this section, shall become an order if a written petition for a hearing is not filed in the office of the Director of Code Enforcement within ten (10) days after such notice is served.

In addition to giving notice of alleged violations as provided for in Sections 4-310 and 4-318, the Director of Code Enforcement may appropriately placard any dwellings, dwelling units, rooming units, commercial or industrial buildings that have been determined to be in violation of any provisions of this article. The placard shall include but not be limited to a statement that the building or structure is in violation of provisions of the Housing Structure Code of the City and shall not be occupied until the specified violations have been corrected or until further order of the Director of Code Enforcement. Such placard shall be prominently attached to the entrance area of the dwelling, dwelling unit, rooming unit, or commercial or industrial building.

It shall be unlawful for any person other than the Director of Code Enforcement or his authorized representative to remove the placard from a dwelling, dwelling unit or rooming house, rooming unit or Commercial, Industrial Building or Structure.

Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this article, except Section 4-318 hereof, or of any rule or regulation adopted pursuant thereto, who is aggrieved thereby, and who believes the same to be contrary to the policies or regulations of the City, may request and shall be granted an informal hearing on the matter before the Director of Code Enforcement or his designated representative; provided that such Person shall file in the office of the Director of Code Enforcement a written petition requesting such informal hearing and setting forth a brief statement of the grounds therefore, within ten (10) days after the day notice was served. Upon receipt of such petition, the Director of Code Enforcement shall set a time and place for such informal hearing and shall give the petitioner written notice thereof. At such informal hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The informal hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner, the Director of Code Enforcement may postpone the date of the informal hearing for a reasonable time beyond such ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.

After such informal hearing as provided for in Section 4-313, the Director of Code Enforcement or his designated representative may sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Director of Code Enforcement or his designated representative sustains or modifies such notice, it shall be deemed to be an order.

The proceedings at informal hearings, as provided for in Section 13, including the findings and decision of the Director of Code Enforcement or his designated representative, shall be reduced to writing, and entered as a matter of public record in the office of the Director of Code Enforcement. The record shall also include a copy of every notice or order issued in connection with the matter. Appeals from the decision of the Director of Code Enforcement or his designated representative may be made to the Board of Housing Standards and Appeals by requesting in writing to the Director of Code Enforcement, within ten (10) days after receiving such decision, a hearing before the Board. The appeal shall be heard, with three (3) days written notification as to time and place given such appellant, within fifteen (15) days after receipt of written request.

The Board of Housing Standards and Appeals is constituted to act in an advisory capacity to the City Council in the amending and revision of this article, to act as a board of appeals from the hearings conducted by the Director of Code Enforcement in hearings as provided in Section 4-318.

The Board shall consist of three (3) members who shall be appointed by the Mayor with the approval of the City Council. The appointments to this Board shall reflect the following membership: the Mayor and two (2) council members.

The Board shall adopt reasonable procedures for conducting its meetings and investigations and shall render all decisions and findings in writing to the Director of Code Enforcement with a duplicate copy to the appellant and as otherwise provided in Section 4-318. The Board of Housing Standards and Appeals, conducting hearings as provided in this article:

(1)   shall have the authority to administer oaths, affirmations, examine witnesses and receive evidence;

(2)   shall, in addition to receiving evidence from the Director of Compliance or his authorized representative, receive evidence from the health officer as to the health-related violations and the fire inspector as to fire safety-related violations;

(3)   shall consider the findings of the Director of Code Enforcement, health officer and fire inspector as to facts, if supported by evidence, conclusive.

The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Board.

In a hearing on an appeal from the Director of Code Enforcement’s hearings, the Board may sustain, modify or withdraw the Director of Code Enforcement’s order, depending upon its finding as to whether the standards of this article have been complied with.

A variance to the standards of this article shall not be made by the Board, except for a variance of the literal interpretation of a standard; provided, that such variance would result in compliance with the intent of the standard.

Provided, further, that the Board may make a variance to the standards of this article, based on a request and recommendation by the staff advisors from Sedgwick County Code Enforcement and the fire department for a specific situation and for a specified time, which may be extended.

The Director of Code Enforcement, the Code Enforcement Officer, the Fire Chief, and the City attorney of the City, or their designated representatives, may attend all Board meetings and advise and consult with the Board in matters pertaining to the enforcement of the Housing code.

Whenever the Director of Code Enforcement or designated representative finds that an emergency exists which requires immediate action to protect the public, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Director of Code Enforcement, shall be afforded an informal hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Director of Code Enforcement shall continue such order in effect, or modify it, or revoke it.

The designation of buildings or structures as unfit for human habitation and the procedure for correction of such unfit dwellings shall be carried out in compliance with the following requirements:

(a)   The City Building Official may determine that a building or structure is unfit for human habitation and is unsafe or dangerous (“Unfit for Human Habitation”), if he/she finds that conditions exist in such building or structure which are dangerous or injurious to the health, welfare, safety, or morals of the occupants of such dwelling; the occupants of neighboring dwellings or other residents of the City; or which have a blighting influence on properties in the area. Such conditions may include the following without limitation: defects therein increasing the hazard of fire, accidents or other calamities; lack of adequate ventilation; air pollution; lack of sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth; unsightly appearances that constitute a blight to adjoining properties, the neighborhood, or the City; walls, siding or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, trucks, or automobiles or parts thereof; vermin Infestation; inadequate drainage; or any violation of health, fire, building or zoning regulations; or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements. The determination that a building is unfit for human habitation shall be predicated on the fact that such effects as aforestated are a serious hazard to the health, welfare, safety of the occupants or of the public, or that such defects constitute violations of four (4) or more of the standards in the other sections of this article; or are continued violations of such standards. The Code Enforcement Officer and Fire Chief shall cooperate with the City Building Official in determining that a dwelling is unfit for human habitation where health or fire regulations are applicable.

(b)   Whenever a petition is filed with the City Building Official signed by at least five (5) residents of the City, charging that any dwelling is unfit for human habitation, or whenever the Code Enforcement Officer or the Fire Chief allege in writing to the City Building Official that a dwelling is unfit for human habitation, or whenever it appears to the City Building Official (on his/her own motion) that any building or structure is unfit for human habitation, he/she shall, if his/her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in such dwelling (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Board of Housing Standards and Appeals at a place therein fixed not less than fifteen (15) days nor more than thirty (30) days after the serving of such complaint; that the owner, mortgagee, and parties in interest shall be given the right to file an answer to the complaint and to appeal in person or otherwise, and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Board of Housing Standards and Appeals.

(c)   If, after such notice and hearing, the Board of Housing Standards and Appeals determines that the building or structure under consideration is unfit for human habitation, such 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 an order which:

(1)   if the repair, alteration or improvement of the building or structure can be made at a cost of less than two hundred percent (200%) of the assessed value of the building or structure as recorded in the county assessor’s office of Sedgwick County, Kansas, requires the owner within the time specified in the order to repair, alter or improve such building or structure to render it fit for human habitation; or to vacate and close the building or structure until conformance with the standards of this article; or

(2)   if the repair, alteration or improvement of the building or structure cannot be made at a cost of less than two hundred percent (200%) of the assessed value of the building or structure as recorded in the county assessor’s office at Sedgwick County, Kansas, requires the owner within the time specified in the order to remove or demolish such dwelling.

(d)   If the owner fails to comply with an order to repair, alter, or improve or to vacate and close a building or structure, the City Building Official may cause such building or structure to be repaired, altered or improved or to be vacated or closed; or if the owner fails to comply with an order to remove or demolish the building or structure, the City Building Official may cause such building or structure to be removed or demolished.

(e)   The amount of cost of such repairs, alterations or improvements, or vacating and closing or removal or demolition by the City Building Official shall be a lien against the real property upon which such cost was incurred and such lien, including as a part thereof allowance of his costs and the necessary attorneys’ fees, may be foreclosed in judicial proceedings in a manner provided or authorized by law for loans secured by liens on real property. If the building or structure is removed or demolished by the City Building Official, he shall sell the materials of such building or structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there by any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceedings, including his necessary attorneys’ fees incurred therein, as determined by the court.

(f)    Complaints and orders issued pursuant to this section shall be served upon all persons entitled thereto, either personally or by certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit shall be made 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 consecutive weeks in the official city newspaper. A copy of such complaint and order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of the district court of Sedgwick County, Kansas and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

(g)   Appeals from the decision of the Board of Housing Standards and Appeals may be made to the City Council by requesting in writing to the City Clerk, within ten (10) days after receiving such decision, a hearing before such City Council. Such appeal shall be heard, with three (3) days written notification as to time and place given such appellant, within fifteen (15) days after receipt of the written request.

(Ord. 971; Code 2021)

The City Building Official is hereby authorized to make and adopt such rules and written regulations as may be necessary for the proper enforcement of the provisions of this chapter; provided that such rules and regulations shall not be in conflict with the provisions of this chapter. All such rules as the City Building Official may deem necessary for the proper and effective enforcement of the provisions of this article shall be subject to the approval of the City Council and shall be binding and effective when filed in the office of the City Clerk.

(Ord. 971; Code 2021)

Any person who shall violate any provision of this article, or any provision of any rule or regulation adopted by the City Building Official pursuant to authority granted by this article, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment. Each day that any violation of this article continues shall constitute a separate offense and be punishable hereunder as a separate violation.

(Ord. 971; Code 2021)