View source for Hawk Cove:Title 8

= TITLE 8 – LAND USE, BUILDING, AND PROPERTY REGULATIONS =

== CHAPTER 8.10 – GENERAL DEVELOPMENT STANDARDS ==

==== § 8.10.001 – Applicability ====
This chapter applies to all new construction and to all site-built, manufactured, modular, or relocated residential structures placed within the City.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.002 – Setbacks ====
: (a) Front Yard. The minimum front yard setback shall be twenty-five (25) feet from the deeded front property line.

: (b) Rear Yard. The minimum rear yard setback shall be ten (10) feet unless the lot is of insufficient depth to accommodate minimum dwelling size requirements.

: (c) Side Yard. The minimum side yard setback shall be ten (10) feet unless the lot is of insufficient width to accommodate minimum dwelling size requirements.

: (d) Administrative Setback Adjustments.
:: (1) Requests for setbacks less than the minimum requirements may be considered on a case-by-case basis by the Chief Building Official.
:: (2) Reductions may be approved to a minimum setback of six (6) feet when warranted by lot conditions or other circumstances determined appropriate by the Chief Building Official.

: (e) Accessory Structures.
:: (1) Storage buildings, sheds, garages, and similar accessory structures shall maintain a minimum setback of five (5) feet from side and rear property lines.
:: (2) No accessory structure shall be located forward of the front building line of the principal dwelling.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.003 – Minimum Dwelling Size ====
: (a) The nominal minimum gross living area for a residence shall be one thousand (1,000) square feet.

: (b) If lot size, lot configuration, or other site conditions make compliance impractical, the property owner may request review by the Chief Building Official.

: (c) In no event shall a dwelling contain less than four hundred fifty (450) square feet of gross living area.

: (d) Requests involving substantial deviations from the standards of this section may be referred to the City Council for approval prior to issuance of a permit.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.004 – Permit Application Requirements ====
: (a) Applications for building permits and move-in permits shall include:

:: (1) A property survey;

:: (2) A proposed site plan;

:: (3) Building plans, specifications, or structure information; and

:: (4) Any additional information required by the Chief Building Official.

: (b) The Chief Building Official shall review the application and determine applicable size requirements, setbacks, construction standards, and permit conditions.

: (c) Review and inspection fees may be required as established by ordinance or the City's adopted fee schedule.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023; Ord. [[Hawk Cove:Ord 100-11|100-11]], Sept. 4, 2012)''

==== § 8.10.005 – Certificate of Occupancy Inspection ====
Vacant existing properties shall be inspected for health, safety, and code compliance before a certificate of occupancy is issued.

Inspection fees may be assessed as established by ordinance or the City's adopted fee schedule.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.006 – Off-Street Parking ====
: (a) Each residential dwelling shall provide parking space sufficient for not fewer than two (2) vehicles.

: (b) Vehicles shall not be parked in:

:: (1) A public right-of-way;

:: (2) A utility easement;

:: (3) An unimproved yard area; or

:: (4) Any location otherwise prohibited by law.

: (c) Required parking areas and driveways shall be constructed of approved paving or surface materials.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.007 – Driveways and Culverts ====
: (a) Each residence shall have an approved driveway.

: (b) Driveways crossing drainage ditches shall include a culvert at least twenty (20) feet in length and fifteen (15) inches in diameter unless otherwise approved by the Chief Building Official.

: (c) Alternative culvert sizes or designs may be approved where site conditions warrant.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.008 – Relocation of Existing Structures ====
: (a) A permit shall be required before moving an existing house or manufactured home onto or off property within the City.

: (b) Any structure exceeding eight (8) feet in width or twenty (20) feet in length shall require notification to City Hall prior to movement.

: (c) The City may require an escort by City personnel or law enforcement personnel to protect public safety and municipal property.

: (d) The property owner shall be responsible for any damage caused by the movement of the structure.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.10.009 – Address Identification ====
: (a) Any person owning or controlling real property containing a residence or business within the City shall display street address numbers on the front of the structure so as to be visible from the street.

: (b) Where an alley exists adjacent to the property, address numbers shall also be displayed on the rear of the structure so as to be visible from the alley.

: (c) Address numbers shall be not less than three (3) inches in height.

''(Ord. [[Hawk Cove:Ord 100-1|100-1]], Nov. 22, 1999)''

== CHAPTER 8.20 – BUILDING CODES AND PERMITS ==

==== § 8.20.001 – Adoption of International Building Code ====
The International Building Code, 2012 Edition, is hereby adopted as the building code of the City and shall govern the construction, alteration, enlargement, repair, movement, improvement, removal, conversion, demolition, occupancy, and maintenance of buildings and structures within the City.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.20.002 – Application to Existing Buildings and Structures ====
: (a) Additions, alterations, and repairs required by this chapter shall be performed in accordance with the currently adopted building, plumbing, mechanical, or electrical code applicable to the work unless a variance is granted pursuant to this title.

: (b) Buildings or structures relocated into the City shall comply with the requirements applicable to new buildings and structures under the currently adopted building, plumbing, mechanical, or electrical code unless a variance is granted pursuant to this title.

: (c) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of historic structures shall be governed by the currently adopted building code.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.20.003 – Permits Required ====
: (a) No building or structure regulated by this title shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless the required permit has first been obtained from the Code Official or designated representative.

: (b) A separate permit shall be required for each building or structure as required by the adopted building code.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.20.004 – Permit Fees ====
Permit fees required under this title shall be paid in the amount established by the City's adopted fee schedule.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.20.005 – Inspections ====
Buildings, structures, and work for which a permit is required shall be subject to inspection by the Chief Building Official, Code Official, or designated representative in accordance with this title and the adopted building code.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

== CHAPTER 8.30 – MANUFACTURED HOMES AND RELOCATED STRUCTURES ==

==== § 8.30.001 – Applicability ====
This chapter governs manufactured homes, modular homes, prefabricated structures, and existing structures relocated onto property within the City.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.002 – Permit Required ====
No manufactured home, modular home, prefabricated structure, or relocated structure shall be installed, moved onto, or relocated within the City without first obtaining the required permit.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.003 – Site Plan Required ====
An application for placement of a manufactured home, modular home, prefabricated structure, or relocated structure shall include:

: (a) A current survey of the property;

: (b) A site plan showing the proposed location of the structure;

: (c) Building plans, specifications, manufacturer information, or other information required by the Chief Building Official; and

: (d) Such additional information as may be required to determine compliance with this title.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.004 – Minimum Dwelling Size ====
: (a) Residential structures should ordinarily contain a minimum gross living area of one thousand (1,000) square feet.

: (b) Where lot size, lot dimensions, or other site conditions make compliance impractical, the Chief Building Official may approve a smaller dwelling.

: (c) Under no circumstances shall a dwelling contain less than four hundred fifty (450) square feet of gross living area.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.005 – Council Approval of Major Deviations ====
Where a requested deviation from minimum dwelling standards is determined by the Chief Building Official to be substantial, the application shall be referred to the City Council for approval prior to permit issuance.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.006 – Existing Structures ====
Existing residential structures relocated into the City shall be subject to inspection and approval by the Chief Building Official to determine compliance with applicable building, health, safety, and occupancy requirements.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.007 – Certificate of Occupancy ====
A structure subject to this chapter shall not be occupied until all required inspections have been completed and a certificate of occupancy has been issued when required.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

==== § 8.30.008 – Oversize Structure Moves ====
: (a) Any person moving a structure more than eight (8) feet in width or twenty (20) feet in length onto or off property within the City shall obtain a moving permit.

: (b) The property owner shall notify City Hall of the proposed moving date.

: (c) The City may require an escort by City personnel or a peace officer to protect public safety and municipal property.

: (d) The property owner shall be responsible for damage caused by the move to public or private property.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar. 21, 2023)''

== CHAPTER 8.40 – FENCING, WALLS, AND SCREENING ==

==== § 8.40.001 – Purpose ====
The purpose of this chapter is to encourage the appropriate use of land and to conserve and protect the privacy, safety, and value of adjacent permitted uses through the regulation of fencing, walls, and screening devices.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.002 – Residential Fences and Walls ====
: (a) Any fence or wall located to the rear of the residential building line shall not exceed eight (8) feet in height above grade.

: (b) Except as otherwise provided in this chapter, no fence or wall shall be erected in a front yard or in a side yard forward of the front building line of a residence.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.003 – Permitted Fence Materials ====
: (a) Fencing shall be constructed of:

:: (1) Wood privacy fencing;

:: (2) Chain-link fencing;

:: (3) Horse wire fencing;

:: (4) Hog wire fencing; or

:: (5) Field wire fencing.

: (b) All fencing shall be of a permanent nature.

: (c) Wire fencing shall include post caps and top rails, decorative fascia, top plates, or similar structural elements providing support and a finished appearance.

: (d) Gates shall be rigid and permanently installed.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.004 – Fence Construction Standards ====
: (a) Corner posts shall be wood posts or steel pipe posts.

: (b) T-posts shall not be used as corner posts.

: (c) Corner posts shall be set in concrete.

: (d) Corner assemblies shall include forty-five (45) degree brace supports.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.005 – Front Yard Fences ====
: (a) Front yard fences shall not exceed four (4) feet in height.

: (b) Front yard fencing may consist of:

:: (1) Chain-link fencing;

:: (2) Picket fencing; or

:: (3) Other transparent or semi-transparent materials.

: (c) Front yard fencing shall not exceed fifty percent (50%) visual coverage.

: (d) Woven wire fencing is prohibited in front yards.

: (e) All fencing shall be located within deeded property lines.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.006 – Permit Required ====
: (a) A permit shall be required prior to construction, installation, replacement, or substantial alteration of any fence.

: (b) At the time of application, the applicant shall provide:

:: (1) A drawing or illustration of the proposed fence;

:: (2) A description of materials;

:: (3) Fence dimensions; and

:: (4) Such additional information as may be required by the City.

: (c) Permit records shall be maintained by the City.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.007 – Prohibited Fencing ====
: (a) Barbed wire fencing is prohibited.

: (b) Electrified fencing is prohibited.

: (c) Exceptions:

:: (1) Barbed wire or electrified fencing may be utilized for farm or ranch purposes on undeveloped property exceeding one (1) acre in area.

:: (2) Electrified fencing may be located inside a lawful primary fence when used solely for animal retention purposes.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.008 – Swimming Pool Enclosures Required ====
: (a) Every in-ground swimming pool shall be completely enclosed by a fence, wall, building, or approved barrier not less than four (4) feet in height.

: (b) A perimeter chain-link fence alone shall not satisfy the enclosure requirement for an in-ground swimming pool.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.009 – Pool Barrier Standards ====
Pool barriers shall:

: (a) Be permanently installed;

: (b) Be firmly anchored;

: (c) Not contain openings, gaps, footholds, handholds, or other features that facilitate climbing;

: (d) Be constructed of suitable materials including wood, masonry, concrete, brick, chain-link fencing, or approved wire fencing;

: (e) Not contain barbed wire.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.010 – Pool Gates ====
All entrances through a required pool barrier shall be protected by a substantial gate equipped with a latching device capable of maintaining the gate in a securely closed position when not in use.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.011 – Above-Ground Pools ====
: (a) The wall of an above-ground pool may serve as a barrier when permitted by applicable state law.

: (b) The owner shall provide evidence that the pool wall satisfies applicable barrier requirements.

: (c) Properties containing above-ground pools shall maintain perimeter fencing meeting the requirements of this chapter unless otherwise exempted by law.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.012 – Nonconforming Pool Enclosures ====
: (a) Pool enclosures lawfully existing prior to October 1, 1999, may continue as legal nonconforming structures if compliant with applicable law in effect at the time of installation.

: (b) Nonconforming status shall terminate when:

:: (1) The enclosure is destroyed;

:: (2) The enclosure is damaged by more than fifty percent (50%);

:: (3) The enclosure is replaced; or

:: (4) The pool is substantially reconstructed.

: (c) Upon termination of nonconforming status, the enclosure shall be brought into compliance with this chapter.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.013 – Violations ====
A person commits an offense if the person violates any provision of this chapter.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

==== § 8.40.014 – Penalty ====
A violation of this chapter is punishable by a fine not exceeding five hundred dollars ($500.00). Each day a violation continues constitutes a separate offense.

Allegation and proof of a culpable mental state are not required.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]], Mar. 21, 2023)''

== CHAPTER 8.50 – SIGNS ==

==== § 8.50.001 – Purpose ====
The purpose of this chapter is to regulate signs in a manner that protects public safety while permitting reasonable identification of property, businesses, and activities.

''(Ord. [[Hawk Cove:Ord 99-5|99-5]]; Ord. [[Hawk Cove:Ord 100-5A|100-5A]])''

==== § 8.50.002 – Garage Sale Signs ====
Signs advertising a permitted garage or home sale shall:

: (a) Be located so as not to obstruct traffic;

: (b) Not create a safety hazard; and

: (c) Be removed upon completion of the sale.

''(Ord. [[Hawk Cove:Ord 99-5|99-5]], Jul. 9, 2018)''

==== § 8.50.003 – Off-Premises Garage Sale Sign ====
One off-premises sign may be displayed to direct the public to a permitted garage or home sale.

''(Ord. [[Hawk Cove:Ord 99-5|99-5]], Jul. 9, 2018)''

== CHAPTER 8.60 – HOUSING AND SUBSTANDARD BUILDINGS ==

==== § 8.60.001 – Title ====
This chapter shall be known as the Housing and Substandard Building Code of the City of Hawk Cove.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.002 – Purpose ====
: (a) This chapter protects the public health, safety, and welfare by establishing minimum standards applicable to residential and designated nonresidential structures.

: (b) Minimum standards are established for utilities, facilities, sanitation, maintenance, occupancy, structural integrity, and safety.

: (c) This chapter applies to all buildings, structures, and premises used or intended for human habitation.

: (d) Demolition shall be authorized only where compliance with minimum standards cannot reasonably be achieved.

: (e) This chapter shall be liberally construed to accomplish its remedial purpose.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.003 – Public Nuisance Declared ====
Buildings, structures, premises, and portions thereof determined to be substandard under this chapter are declared public nuisances and shall be subject to repair, rehabilitation, securing, removal, vacation, or demolition.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.004 – Definitions ====
For purposes of this chapter:

: (a) ''Building'' means any structure used or intended for supporting or sheltering any occupancy or use.

: (b) ''Code Official'' means the person designated by the City to administer and enforce this title.

: (c) ''Dangerous Building'' means a building that constitutes a hazard to life, health, property, or public welfare.

: (d) ''Occupant'' means any person residing in, using, possessing, or having control of a building or premises.

: (e) ''Owner'' means any person holding legal title or any legal or equitable interest in property.

: (f) ''Premises'' means a lot, tract, parcel, or property together with improvements located thereon.

: (g) ''Substandard Building'' means a building that fails to comply with minimum standards established by this chapter.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.005 – General Duty to Maintain Structures ====
All buildings and structures shall be maintained in a safe, sanitary, and structurally sound condition.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.006 – Structural Soundness ====
: (a) Foundations, floors, walls, ceilings, roofs, and structural members shall be maintained in good repair.

: (b) Structural elements shall be capable of supporting all dead loads and reasonably anticipated live loads.

: (c) Buildings exhibiting substantial deterioration, instability, sagging, settlement, or structural failure shall be repaired or removed.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.007 – Weather Protection ====
: (a) Exterior walls, roofs, doors, windows, and foundations shall be maintained weather-tight.

: (b) Buildings shall be protected from water intrusion.

: (c) Openings shall be maintained to prevent unauthorized entry and exposure to the elements.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.008 – Sanitation ====
: (a) Buildings and premises shall be maintained in a clean and sanitary condition.

: (b) Accumulations of refuse, garbage, filth, animal waste, stagnant water, or other unsanitary materials are prohibited.

: (c) Occupants and owners shall maintain premises in a manner that prevents conditions conducive to vermin, rodents, insects, or disease.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.009 – Utilities and Facilities ====
Every dwelling unit shall be provided with utilities and facilities necessary for safe habitation, including:

: (a) Potable water service;

: (b) Approved wastewater disposal;

: (c) Electrical service;

: (d) Plumbing fixtures;

: (e) Heating facilities where required by applicable codes.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.010 – Occupancy Standards ====
No building shall be occupied in a manner that:

: (a) Creates unsafe or unsanitary conditions;

: (b) Exceeds safe occupancy levels;

: (c) Endangers occupants or neighboring property; or

: (d) Violates applicable building, health, fire, or safety regulations.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.011 – Unsafe Buildings ====
Any building or structure shall be deemed unsafe when it is found to be dangerous to the life, health, property, or safety of the public or occupants because of inadequate maintenance, dilapidation, structural defects, fire damage, vandalism, abandonment, or other conditions rendering the building unfit for occupancy.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.012 – Dangerous Structural Conditions ====
A building may be declared substandard when:

: (a) Load-bearing members show deterioration, decay, or damage;

: (b) Structural members are overloaded beyond design capacity;

: (c) Walls, floors, roofs, ceilings, foundations, or supports have become unstable;

: (d) The building is in danger of partial or complete collapse; or

: (e) Structural conditions create a substantial risk of injury or property damage.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.013 – Dangerous Electrical Conditions ====
A building may be declared substandard when electrical wiring, fixtures, equipment, panels, connections, or installations:

: (a) Are improperly installed;

: (b) Are defective or deteriorated;

: (c) Present a fire hazard;

: (d) Present a shock hazard; or

: (e) Otherwise endanger occupants or the public.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.014 – Dangerous Plumbing Conditions ====
A building may be declared substandard when plumbing systems:

: (a) Are defective;

: (b) Leak excessively;

: (c) Create unsanitary conditions;

: (d) Contaminate potable water supplies; or

: (e) Present a hazard to public health.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.015 – Dangerous Mechanical Conditions ====
A building may be declared substandard when mechanical equipment, heating equipment, cooling equipment, fuel-burning appliances, vents, or related systems:

: (a) Are improperly installed;

: (b) Are defective;

: (c) Create a fire hazard;

: (d) Create an explosion hazard; or

: (e) Create a hazard to occupants.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.016 – Fire Hazards ====
A building may be declared substandard when conditions exist that materially increase the risk of fire or materially interfere with the ability of occupants to safely exit the structure.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.017 – Vacant Structures ====
: (a) Vacant structures shall be maintained in a secure condition.

: (b) Doors, windows, and other openings shall be protected against unauthorized entry.

: (c) Vacant structures shall be maintained free from conditions that create hazards to the public.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.018 – Open and Accessible Structures ====
Buildings that are abandoned, unsecured, open to unauthorized entry, or accessible to children, vagrants, trespassers, or unauthorized persons may be declared substandard and ordered secured, repaired, or removed.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.019 – Dilapidated Buildings ====
A building may be declared substandard when deterioration, neglect, deferred maintenance, weathering, vandalism, or physical damage has progressed to the extent that the building no longer provides safe occupancy.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.020 – Buildings Unfit for Human Occupancy ====
A building shall be deemed unfit for human occupancy when conditions exist that are likely to cause sickness, disease, injury, fire, structural failure, or other threats to life, health, or safety.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.021 – Buildings Damaged by Fire or Casualty ====
Buildings damaged by fire, wind, flood, impact, explosion, neglect, vandalism, or other casualty may be declared substandard when the damage substantially impairs structural integrity, habitability, or public safety.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.022 – Nuisance Conditions ====
The following may constitute nuisance conditions under this chapter:

: (a) Accumulation of rubbish, refuse, or debris;

: (b) Conditions harboring rodents, insects, or vermin;

: (c) Stagnant water;

: (d) Hazardous materials;

: (e) Unsafe structures; or

: (f) Any condition adversely affecting the public health, safety, or welfare.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.023 – Immediate Hazards ====
When a building, structure, or condition presents an immediate danger to life, health, safety, or property, the City may take emergency action authorized by law to protect the public pending further proceedings under this title.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.024 – Overcrowding ====
A building may be declared substandard when occupied by a number of persons that exceeds safe occupancy limits established by applicable codes or creates conditions dangerous to the health, safety, or welfare of occupants.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.025 – Responsibility of Owners ====
Owners shall maintain buildings and premises in compliance with this chapter regardless of whether the property is occupied, vacant, leased, rented, or otherwise utilized.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.60.026 – Responsibility of Occupants ====
Occupants shall maintain those portions of premises under their control in a clean, sanitary, and safe condition and shall not create conditions that violate this chapter.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

== CHAPTER 8.70 – RENTAL HOUSING REGULATIONS ==

==== § 8.70.001 – Purpose ====
The purpose of this chapter is to establish minimum standards applicable to rental housing located within the City.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.002 – Applicability ====
This chapter applies to all residential rental property located within the City.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.003 – Owner Responsibility ====
Property owners shall maintain rental property in compliance with this title and all applicable laws and codes.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.004 – Occupant Responsibility ====
Occupants shall maintain rental premises in a clean, safe, and sanitary condition.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.005 – Utilities and Facilities ====
Rental dwellings shall provide utilities and facilities required for safe human habitation.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.006 – Inspections ====
Rental property may be inspected as authorized by law to determine compliance with this title.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

==== § 8.70.007 – Violations ====
Failure to maintain rental property in compliance with this chapter constitutes a violation of this title.

''(Ord. [[Hawk Cove:Ord 03-101|03-101]])''

== CHAPTER 8.80 – HEARINGS, VARIANCES, AND APPEALS ==

==== § 8.80.001 – Authority of City Council ====
The City Council may conduct hearings and issue orders authorized by this title concerning substandard buildings, dangerous structures, nuisance conditions, and related matters.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.80.002 – Hearings ====
The City Council may conduct public hearings after notice as required by law and this title.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.80.003 – Orders ====
Following a hearing, the City Council may issue orders requiring repair, rehabilitation, vacation, securing, removal, demolition, or other corrective action authorized by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.80.004 – Variances ====
The City Council may grant variances from provisions of this title when strict application would create an unnecessary hardship and the variance will not endanger the public health, safety, or welfare.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.80.005 – Appeals ====
Any person aggrieved by a decision made under this title may appeal to the City Council in accordance with procedures established by the City.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.80.006 – Interpretation ====
The City Council may hear appeals and provide interpretations concerning the application of this title and the building codes adopted by the City.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

== CHAPTER 8.90 – ENFORCEMENT, COST RECOVERY, AND JUDICIAL REVIEW ==

==== § 8.90.001 – Enforcement Authority ====
The Chief Building Official, Code Official, or designated representative shall enforce this title.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.002 – Civil Remedies ====
The City may institute civil proceedings authorized by state law to enforce this title.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.003 – Criminal Penalties ====
: (a) A person who violates a provision of this title commits a misdemeanor offense.

: (b) Each day or portion of a day during which a violation exists constitutes a separate offense.

: (c) An offense under this title is punishable by a fine not exceeding the amount authorized by state law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.004 – Recovery of Costs ====
The City may recover expenses incurred in securing, repairing, removing, demolishing, or abating a nuisance structure as authorized by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.005 – Assessment of Expenses ====
Expenses incurred by the City may be assessed against the property and collected in the manner authorized by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.006 – Liens ====
The City may file and enforce liens authorized by law to secure reimbursement of expenses incurred under this title.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''

==== § 8.90.007 – Judicial Review ====
Orders issued under this title may be appealed to a court of competent jurisdiction as provided by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017)''



[[ CATEGORY: HAWK COVE ]] __NOTOC__