Chapter 300 — Buildings, Article 4 — Property Maintenance
General
General Title The title of this article is the Snellville Property Maintenance Ordinance and may be cited hereinafter as this article.
Purpose The purpose of this article is to establish minimum requirements and standards for premises and structures in order to promote and protect the public health, safety, convenience, order and general welfare of the citizens of the city.
Scope This article shall apply to all commercial, office, industrial, multifamily, and single-family residential structures and premises and shall constitute the minimum requirements and standards for existing structures and premises.
Definitions Unless otherwise noted, terms not defined in this subsection will have their meaning as defined in the general provisions of the construction code, or in the absence of such definition, words will be defined as provided for in Article 2 of Chapter 100 of this UDO. Whenever the term "dwelling unit," "premises,"
"building," "rooming house," "rooming unit" or "story" are stated in this article, they shall be construed as if they were followed by the words "or any part thereof." The following definitions shall apply in the interpretation and enforcement of this article:
Boarding-up. Erecting, installing, placing, or maintaining boards over the doors, windows, or other openings of any building or structure or otherwise securing such openings by a means other than the conventional method used in the original construction and design of the building or structure.
Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
Local agent. Any person or entity empowered by a creditor, mortgagee, or transferee to:
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. A real estate broker or salesperson licensed pursuant to O.C.G.A. title 43, ch. 40 (O.C.G.A.
§ 43-40-1 et seq.) is not an operator for the purposes of this article unless such broker or salesperson is under contract to provide property management services to the owner of such structure or premises.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State or County as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Premises. a lot, plot or parcel of land including any structures thereon.
Property. Any unimproved or improved residential or nonresidential real property, or portion thereof, situated in the City of Snellville and includes the buildings or structures located on the real property regardless of condition.
Securing. Such measures as may be directed by the Director that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings.
Penalties
Transfer of ownership It is unlawful for the owner of any building or structure who has received a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of such building or structure until the provisions of the Sec. 304-2. International Property Maintenance Code notice of violation have been complied with, or until such owner shall furnish to the chief of police a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such notice of violation. Any citation for violation of this section shall be issued to the transferor of the property listed on the face of the document evidencing conveyance of the property.
International Property Maintenance Code
International Property Maintenance Code Adopted A certain document, three copies of which are on file in the office of the City Clerk of the City of Snellville, being marked and designated as the International Property Maintenance Code, 2012 edition, and the Georgia State Amendments thereto as revised January 1, 2015, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Snellville, in the State of Georgia for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the City of Snellville are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in Sec. 304-2.2.
Same—Modifications The following sections are hereby revised:
Section 101.1. Insert: City of Snellville Section 103.5. Insert: Fee Schedules of the Planning & Development and Police Departments Section 111. Insert: Appeals shall go to the Municipal Court of the City of Snellville Section 111.2. Delete this Section in its entirety Section 111.7. Clarification: The Court referenced is the Municipal Court of the City of Snellville Section 302.4. Insert: Twelve (12) inches Section 304.14. Insert: January 1 to December 31 Section 602.3. Insert: November 1 to March 31 Section 602.4. Insert: November 1 to March 31 All references to the "Department of Property Maintenance" and its "Code Official" shall be revised to read "Department of Planning and Development" and its "Director of Planning and Development"
respectively.
Sec. 304-3. Buildings Service of Process Notwithstanding any provisions of the International Property Maintenance Code of 2012 to the contrary, complaints issued by a public officer in accordance with this article must be served in the following manner:
Buildings
Buildings Numbering Requirements
In addition to these requirements, where a multifamily building has more than one exterior entrance, each such entrance shall be marked, in figures at least 4 inches high on a contrasting background, with the number and/or address of each and every individual apartment/unit or numerical range of apartment units to which access is provided through that common entrance.
Exterior Surface Treatment All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints must be maintained weather-resistant and watertight.
Exterior Walls
Exterior Walls Exterior walls of buildings shall be maintained free from holes, breaks, loose, or rotting materials, and shall be maintained weatherproof and properly surface coated as needed to prevent deterioration.
Foundation Walls All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads of the structure and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare. Every foundation, exterior wall, and other exterior surface shall be maintained in a workmanlike state of maintenance and repair.
Roofs Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and have no defects which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof, including, but not limited to, the fascia, eave, soffit, sheathing, rafter tail, Sec. 304-5. Decorative Features barge rafter, vent screening, gutter, downspout, roof jack, and metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices. Gutters must be free of vegetation and in good repair. Roof drainage shall be adequate to prevent rainwater from causing dampness or deterioration in the walls or interior portion of the building.
Exterior Stairways, Decks, Porches, and Balconies Exterior stairways, decks, porches and balconies, and all appurtenances attached thereto, of buildings shall be maintained so that they are structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Windows.
Windows of buildings shall be fully supplied and maintained with glass window panes or with a substitute approved by the Director of the Department of Planning and Development, and such glass or substitute material shall be without open cracks or holes. Screens, if provided, shall be securely fastened to the window and maintained in good repair. Windows other than fixed windows shall be capable of being opened with reasonable ease and shall be held in position by appropriate window hardware.
Exterior Doors and Frames Exterior doors of buildings shall be maintained so that they fit reasonably well within their frames so as to substantially prevent rain and wind from entering a building. Exterior door jambs, stops, headers and moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. Additionally, exterior doors shall be provided with proper hardware and maintained in proper working condition.
Garage Doors Garage doors shall be capable of being closed reasonably plumb, properly attached, and the exterior surface of garage doors shall be maintained weatherproof so as to prevent deterioration.
Decorative Features
Decorative Features Cornices, belt courses, corbels, terra cotta trim, wall facings, shutters, light fixtures, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
Vacant structures
Vacant structures Vacant structures shall be maintained in good repair and be in compliance with all applicable laws, codes, and ordinances. Any vacant structure shall, at a minimum:
Boarding-Up Structures
Sec. 304-6. Vacant structures
Sec. 304-7. Property
Burned Structures Whenever any building or structure is partially burned, the owner or person in control shall, within 30 days after completion of the scene investigation by the fire department and/or insurer of the property, remove from the premises all refuse, debris, and all charred and partially burned lumber and material. If such building or structure shall be burned to such an extent that it is rendered incapable of being repaired, the owner or person in control shall, within 60 days after completion of the scene investigation by the fire department and/or insurer of the property, remove from the premises all the remaining portion of the building or structure. If the building or structure is to be repaired, a permit shall be obtained and work shall begin within 60 days after completion of the scene investigation by the fire department and/or insurer of the property and shall be completed within 180 days from the date a permit is obtained.
Property
Property Fences and walls
Graffiti It shall be a violation of this article for any person having a legal or equitable interest in a parcel of real property to permit graffiti to remain on a structure located thereon for a continuous period of more than 72 hours. For purposes of this section, the term "graffiti" shall have the same meaning as set forth in O.C.G.A. § 17-15A-2.
Yards The unpaved areas of front yards and side (street) yards must be maintained with grass, ground cover or other type of landscaping to such an extent that the soil is not subject to erosion.
Sec. 304-8. Junk vehicles Grass, weeds, and uncultivated vegetation
Junk vehicles
Junk vehicles
Driveways and walkways All private driveways and walkways connecting a driveway to a building shall be maintained in a passable condition so as to allow safe vehicular and pedestrian ingress and egress to the building served. For purposes of this section, there is a rebuttable presumption that a private driveway or walkway is impassable if the driveway or walkway contains a grade separation of 6 inches or more.
Open or outdoor storage The open or outdoor storage of appliances, building material or debris, equipment, garbage, glass, material, merchandise, rubbish, trash or similar items shall not be permitted, maintained or stored on any premises, except as provided in “b” below.
Sec. 304-9. Trees
Trees
Trees
Swimming pools Swimming pools, spas, and similar structures aboveground, on ground, or in ground shall be maintained in a safe, clean, sanitary, secure, and structurally and mechanically sound condition, so as to prevent stagnant water, which is conducive to the harboring or breeding of mosquitoes or other insects. A finding by a health official of the County environmental health department shall constitute prima facie evidence that stagnant water in a swimming pool is conducive to the breeding or harboring of mosquitoes or other insects. All swimming pools shall be completely surrounded by a fence or other barrier having a minimum height of 4 feet. When the sides of an aboveground pool are used as the barrier the ladder or steps shall be capable of being secured, locked or removed to prevent access; or the ladder or steps shall be surrounded by a barrier which meets these requirements.
Residential Occupancy Limitation
Residential Occupancy Limitation Privacy Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
Sec. 304-10. Residential Occupancy Limitation Minimum Room Widths A habitable room, other than a kitchen, shall not be less than 7½ feet in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet between counter fronts and appliances or counter fronts and walls.
Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet.
Bedroom Requirements
Overcrowding Dwelling units shall not be occupied by more occupants than permitted by the following table:
Space Minimum Area in Square Feet
Living Room: [1] [2] No Requirements 120 150 Dining Room: [1] [2] No Requirements 80 100 Kitchen: [2] 50 50 60
Bedrooms Shall comply with Sec. 304-10.4.A Tables notes:
[1] Combined living room and dining room spaces shall comply with the requirements of this table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
[2] The minimum occupancy area required by this table is not be included as sleeping area in determining minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Sec. 304-10.4.
Sec. 304-11. Enforcement and Unlawful Acts Notwithstanding any other provision of this Code to the contrary, individuals shall only occupy any residential dwelling unit in compliance with the definition of family in the UDO unless a variance has been granted. The number of occupants of a dwelling unit may be further limited based upon septic system limitations and parking regulations applicable to a specific property.
Efficiency Unit Nothing in this article shall prohibit an efficiency dwelling unit meeting the following requirements:
Short term Occupancy This article shall not apply to any occupancy which has not lasted, or is not intended to last, more than 1 week.
Enforcement and Unlawful Acts
Enforcement and Unlawful Acts Enforcement.
Unlawful Acts
Sec. 305-1. In General Chapter 300. Buildings Article 5. Powers and Duties of the Building Official