Athens City Code

1. (1) It is found and declared that there exist in the city structures used for commercial, business, or industrial use which are, or may become in the future, substandard with respect to structure, equipment, or maintenance, or further, that such conditions, including, but not limited to, structural deterioration, lack of maintenance, and appearance of exterior of premises, infestation, plumbing, lack of maintenance or upkeep of essential facilities and utilities, existence of fire hazards, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety, morals, welfare, and reasonable comfort of the citizens and inhabitants of the city. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of neighborhoods enhanced, and the public health, safety, and welfare protected and fostered.
2. (2) The purpose of this chapter is to protect the public health, safety, morals, and welfare by establishing minimum standards governing the maintenance, appearance, and condition of commercial, business, and industrial premises; to establish minimum standards governing utilities, facilities, and other physical components and conditions essential to make the facilities fit for occupancy and use; to fix certain responsibilities and duties upon owners and operators; to authorize and establish procedures for the inspection of commercial, business, and industrial premises; to fix penalties for the violations of this chapter, and to provide for the repair, demolition, or vacation of commercial, business, or industrial premises. This chapter is declared to be remedial and essential for the public interest and it is intended that this chapter be liberally construed to effectuate the purposes as stated herein.

(Code 1972, § 4-601; Code 1995, § 12-601)

1. (1) Meaning of certain words. When any words are used in this chapter, they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and/or as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.
2. (2) Terms defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
   
   Building means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business, or storage purposes.
   
   Building code means the building code of the city.
   
   Code officer means the person appointed to administer and enforce the provisions of this chapter as well as all the housing codes under this title.
   
   Deterioration means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance.
   
   Exposed to public view means any premises, or any part thereof, or any building, or any part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open air parking lot, or from any adjoining or neighboring premises.
   
   Exterior of premises means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
   
   Extermination means the control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible material that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other approved means of pest elimination.
   
   Fire chief means the fire chief of the city.
   
   Fire hazard means any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or which may obstruct, delay, or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression, or extinguishment of fire. (Also see Nuisance.)
   
   Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. (Also see Refuse and Rubbish.)
   
   Health officer means the health officer of the Hiwassee Health District.
   
   Infestation means the presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.
   
   Mixed occupancy means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
   
   Nuisance means:
   1. (a) Any public nuisance known as common law or in equity jurisprudence, or as provided by state law or this Code.
   2. (b) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot. The term "attractive nuisance" includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation such as poison ivy, oak, or sumac, which may prove a hazard for inquisitive minors.
   3. (c) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
   4. (d) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Code.
   5. (e) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
   6. (f) Fire hazards.
   Operator means any person who has charge, care, or control of premises, or a part thereof, whether with or without the knowledge and consent of the owner.
   
   Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of premises, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession either by virtue of a court order or by voluntary surrender by the person holding the legal title. Any person who is a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
   
   Plumbing means all of the following supplies, facilities, and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines and water pipes and lines utilized in conjunction with air conditioning equipment.
   
   Premises means a lot, plot, or parcel of land including the buildings or structures thereon.
   
   Refuse means all putrescible and non-putrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. (Also see Garbage and Rubbish.)
   
   Registered mail means registered mail or certified mail.
   
   Room means space in an enclosed building or space set apart by a partition.
   
   Rubbish means non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. (Also see Garbage and Refuse.)
   
   Sanitary sewer means any sanitary sewer owned, operated, and maintained by the city and available for public use for the disposal of sewage.
   
   Sewage means waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.
   
   Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
   
   Structure means a combination of any materials, whether fixed or portable, forming a construction, including buildings.
   
   Washroom means an enclosed space containing one or more bathtubs, showers, or both, and which shall also include toilets, lavatories, or fixtures serving similar purposes.
   
   Water closet compartment means an enclosed space containing one or more toilets which may also contain one or more lavatories, urinals, and other plumbing fixtures.
   
   Weathering means deterioration, decay, or damage caused by exposure to the elements.

(Code 1972, § 4-602; Code 1995, § 12-602)

1. (1) Applicability. Every commercial, business, or industrial establishment and the premises on which it is situated in the city used or intended to be used for commercial, business, or industrial occupancy shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of the ordinance from which this chapter is derived and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of the ordinance from which this chapter is derived. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities contained therein, except as provided in subsection (b) of this section. Where there is mixed occupancy, any commercial, business, or industrial use therein shall be nevertheless regulated by and subject to the provisions of this chapter.
2. (2) Higher standard to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the city or under state law, then the standard as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance of the city or state law, then the higher standard contained in any such other ordinance or law shall prevail.
3. (3) Issuance and renewal of other permits and licenses. After the date of enactment of the ordinance from which this chapter is derived, all licenses and permits shall be issued upon compliance with this chapter as well as compliance with the ordinance under which such licenses and permits are granted.
4. (4) Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any other ordinance of the city applicable to any structure or premises, nor shall any provision herein relieve any owner or operator from complying with any such other provision or any official of the city from enforcing any such other provision.

(Code 1972, § 4-603; Code 1995, § 12-603)

1. (1) Maintenance of exterior of premises. The exterior of the premises and of all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians, and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:
   1. (a) Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, and accumulations of filth, garbage, trash, refuse and debris.
   2. (b) Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating condition or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
   3. (c) Overhangings. Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
   4. (d) Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretions of pets and other animals on paths, walks, driveways, parking lots, and parking areas, and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced, and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
   5. (e) Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
   6. (f) Sources of infestation.
   7. (g) Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
   8. (h) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents, or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, and shall be structurally safe, durable, smoke-tight, and capable of withstanding the action of flue gases.
   9. (i) Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects.
2. (2) Appearance of exterior of premises and structures. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the city, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values, including the following:
   1. (a) Landscaping. Premises shall be kept landscaped and lawns, hedges, and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
   2. (b) Signs and billboards. All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
   3. (c) Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. No storage of materials, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view unless the areas are first screened from the public view by drapes, venetian blinds, or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
   4. (d) Store fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
   5. (e) Signs or advertisements; removal. Except for "for rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected, or within 60 days after erection, whichever shall sooner occur. Except during the course of repairs or alterations, no more than 33 1/3 percent of the square footage of any single window or single window display area shall be devoted to signs or other temporary advertising material attached to the window or otherwise exposed to public view.
   6. (f) Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk, or any other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event the awnings or marquees are made of cloth, plastic, or of a similar material, the cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain.
3. (3) General maintenance. The exterior of every structure or accessory structure (including fences, signs, and store fronts) shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
   1. (a) Reconstruction of walls and sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises.
   2. (b) Floors, interior walls, and ceilings. Floors, interior walls, and ceilings of every structure shall be structurally sound and maintained in a clean and sanitary condition.
   3. (c) Floors generally. Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be smooth, clean, and free from cracks, breaks, and other hazards.
   4. (d) Washroom and water closet compartment floors. Washroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean, and sanitary condition at all times.
   5. (e) Supporting structural members. Supporting structural members are to be kept structurally sound, free of deterioration, and capable of bearing imposed loads safely.
   6. (f) Walls and ceilings generally. Walls and ceilings shall be considered to be in good repair when clean, and free from cracks, breaks, loose plaster, and similar conditions. Walls shall be provided with paint, paper sealing material, or other protective covering so that the walls and ceilings shall be kept clean, free of visible foreign matter, sanitary, and well-maintained at all times.
   7. (g) Lighting of washrooms. Every washroom and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short-circuiting from water from other bathroom facilities or from splashing of water.
   8. (h) Electrical service generally. All premises shall be properly connected to and provided with electric power through safely insulated conductors conforming to the National Electrical Code and the local requirements of the Athens Utilities Board.
   9. (i) Loose or exposed wiring. Except as hereinafter stated, all wiring or cables shall be properly affixed or attached to the structure. Insulation shall be provided for all wiring and cables and kept in good repair. No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixtures shall be used for supplying power to equipment other than that for which they are designed.
   10. (j) Fuses and protective devices. Maximum fuse sizes consistent with safety standards shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the stated maximum, except that owners shall not be responsible for violations in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupants other than the owner.
   11. (k) Overloading of circuits. Overloading of circuits is prohibited. Where the code officer finds, after notice and hearing, that by reason of the appliances and fixtures creating a hazard, the owner shall be required to install a line of sufficient capacity to absorb the load to which the line is subjected or otherwise eliminate the conditions causing the overload. For purposes of this section, the code officer may consider the peak seasonal load to which the line is subjected.
   12. (l) Responsibility for removal. The owner or operator shall have the duty and responsibility of removing garbage.
   13. (m) Accumulating refuse and non-fireproof storage prohibited. Storage bins, rooms, and areas shall not be used for accumulated garbage or refuse. Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the fire department, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations.
4. (4) Vacant buildings to be kept locked. It shall be the duty of the owner of any vacant building within the city to keep all doors, windows and other openings in such building locked or otherwise secured so as to prevent unauthorized persons from entering such buildings.
5. (5) Damaged buildings to be secured. It shall be the duty of the owner of any building which has been damaged by fire, wind or any other act of God or man to fence or close all openings or otherwise secure such building within ten days from the date of damage to the building so as to prevent children or any unauthorized person from entering.

(Code 1972, § 4-604; Code 1995, § 12-604)

1. (1) General and specific provisions. Upon discovery by an occupant of any condition on the premises which constitutes a violation hereof, the occupant shall report the same to the code officer responsible for enforcement hereunder. All parts of the premises under the control of the operator shall be kept in a clean and sanitary condition and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder of maintaining the premises in a clean and sanitary condition.
2. (2) Eliminating infestation. Every operator shall be responsible for the elimination of infestation in and on the premises subject to his control.
3. (3) Malicious damage. Every operator shall be responsible for willfully or maliciously causing damage to any part of the premises.
4. (4) Maintenance of plumbing. Every operator shall maintain all plumbing fixtures used by him in a clean and sanitary condition and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system.
5. (5) Providing notice of defect to owner. Where the owner would not otherwise know of a defect of any facility, utility, or equipment required to be furnished hereunder and the same is defective or inoperable, each operator affected thereby shall, upon learning of the defect, provide notice to the owner or person in charge of the premises. Nothing herein shall be construed to provide a defense for any owner violating this chapter.

(Code 1972, § 4-605; Code 1995, § 12-605)

1. (1) Supervision vested in the code officer. Responsibility for enforcement of this chapter is vested in the code officer and all inspections, regulations, enforcement, and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, are under his direction and supervision. He may appoint or designate such other public officials or employees of the city to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections and the holding of hearings.
2. (2) When inspections are to be made. All buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer. At the time of such inspections, all rooms and parts of the premises must be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection or abatement without delay.
3. (3) Where entry by inspectors is refused. Where the code officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder. In addition, the code officer may, upon affidavit, apply to the city judge of the city for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
4. (4) Procedure where violation discovered. Where a violation of this chapter or the regulation hereunder is found to exist, a written notice from the code officer shall be served on the person responsible for the correction thereof. The notice shall specify the violation committed, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the code officer in ten days after service unless a hearing is requested.
5. (5) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building.
6. (6) Notice to become an order unless hearing is requested. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the code officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The code officer, upon receipt of the request, shall within 30 days therefrom and upon five days' notice to the party aggrieved set the matter down for hearing.
7. (7) Determination at hearing. At any hearing provided hereunder, the code officer shall be vested with all powers provided by law to compel the attendance of witnesses and parties in interest by service of subpoena, to require by subpoena the production of books, records, or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of such subpoena as provided by law. A determination shall be made within ten days from the completion of the hearing. The code officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same, or withdrawing the notice.
8. (8) Extension of time. The code officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
9. (9) Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the code officer may either abate the violation or condition immediately or order the owner, operator, or occupant to correct the violation within a period or time not to exceed three days, and, upon failure to do so, the code officer shall abate the condition immediately thereafter.
10. (10) Cost of abatement to be a lien against premises. Where abatement of a violation or condition is required hereunder, the code officer shall cause to be certified to the owner of the premises the cost thereof, and the owner may request a hearing on the reasonableness of the cost as provided in subsection (f) of this section. After such hearing, a final determination shall be made as to the reasonable cost of abatement, which determination shall be certified to the tax collector and shall become a lien on the property and be collected by the same procedure as real property taxes.

(Code 1972, § 4-606; Code 1995, § 12-606)