BENSON CITY: AN ORDINANCE TO AMEND TITLE IX:

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PART ONE:

AN ORDINANCE TO AMEND TITLE IX:
GENERAL REGULATIONS; BENSON CITY CODE OF 2003    
 
The City of Benson does ordain:
 Title XI is amended to add the following chapter:
 
CHAPTER 98:  STRUCTURES IN DISREPAIR
 Section
      98.01   Findings
      98.02   Requirements for Structures
      98.03   Nuisance Declared
      98.04   Abatement
      98.05   Citation
      98.06   Notice
 
§ 98.01  FINDINGS
The City Council finds that there exist in the City structures used for human habitation which are now or may become in the future substandard with respect to structure, equipment or maintenance, and such conditions, together with inadequate provisions for light and air, insufficient protection against fire hazards, lack of proper heating, unsanitary conditions and overcrowding, constitute a danger to public health, safety and welfare of its citizens.  Additionally, such conditions, factors or characteristics adversely affect public health and safety and lead to the extension and aggravation of urban blight.  It is in the best interest of the public health, safety and welfare of the people of the City to establish and enforce minimum standards for such structures.
 
§ 98.02 REQUIREMENTS FOR STRUCTURES
(A)  Maintenance. All structures which are intended to be occupied or let to another for occupancy,  and all dwellings or apartments existing for the purpose of living therein, whether occupied or vacant, must comply with the requirements of this section.
(B) Foundations, Exterior Walls and Surfaces, Roofs. Every foundation, chimney, exterior wall and surface, and roof shall be weathertight, watertight, rodent-proof and insect proof, and shall be kept in a workmanlike state of maintenance and repair.
(1)  The foundation elements shall support the building at all points.
(2)  Every exterior wall shall be free of holes, breaks, loose or rotten boards or timbers, and any other condition which might admit rodents, rain or dampness to the interior portions of the walls or to the interior space of the dwelling.
(3)  The roof shall be tight and have no defects which admit rain or other forms of moisture. Roof drainage shall be such that it prevents rainwater from causing dampness in the walls.
(4)  All exterior surfaces shall be of a material manufactured and processed specifically for use in a weather-exposed location, including roofing, exterior painted wood, masonry, exposed redwood and other naturally suitable materials. Exterior walls shall be maintained and kept free from dilapidation, including those conditions caused by extensive cracks, tears or breaks and by extensively deteriorated plaster, stucco, brick, wood or other materials or combinations of materials.
(5)  The exposed surface of exterior walls on a building above ground level shall be maintained in good repair so as to provide both sufficient covering and sufficient protection of the surface underneath against its deterioration. Without limiting the generality of this section, an exposed surface of a building shall be deemed not to be in a workmanlike state of maintenance and not to be in good repair if either or both of the following conditions exist:
(a)  The painted surface area is blistered, cracked, flaked, scaled or chalked away, and such condition(s) extends over more than twenty-five percent (25%) of the surface area of any plane or wall or other area, including window trim, cornice members, porch railings and other such areas;
(b)  More than ten percent (10%) of the pointing of any masonry chimney or more than twenty-five percent (25%) of the pointing of any masonry wall is loose, has fallen out, or otherwise does not exist.
(6)  Any exterior surface or plane required to be repaired under the provisions of this section shall be repaired in its entirety to make it weathertight, watertight, and rodent-proof.
(C) Interior Walls, Floors and Ceilings. Every interior partition wall, floor and ceiling shall be capable of affording privacy, and shall be kept in a workmanlike state of repair and maintained so as to permit them to be kept in a clean and sanitary condition.
(1)  The interior walls and ceiling must be free of loose plaster and other structural material, the collapse of which may constitute an accident hazard.
(2)  Plaster, paint and other surface materials must be of such character as to be easily cleanable, smooth, clean and tight.
(3)  The floors must be free of holes and wide cracks which may admit rodents or which constitute a possible accident hazard.
(4)  The floor must be free of loose, warped, protruding and rotting floor boards.
(5)  Every habitable room, closet, bath or toilet room, and connecting corridor, shall have walls and ceilings of tight and sound construction covering all studs, and floor and ceiling joists. All protruding piping and duct work in such rooms, closets and corridors, which would be hazardous to persons using such areas shall be enclosed with suitable and durable building material.

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