Property Maintenance Code
LAKE MOHAWK PROPERTY OWNERS ASSOCIATION
II. Property Maintenance Code
A. Administration of the Property Maintenance Code
1. General Information
▪ a. This code shall be known as the Property Maintenance Code of Lake Mohawk Property Owners Association (L.M.P.O.A.). This code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.
▪ b. This code shall be construed to secure its expressed intent, which is to insure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
▪ c. The standards referenced in this code and listed in the L.M.P.O.A. Building Code, as referenced, shall be considered as the Building and Property Maintenance Code.
▪ d. The provisions in this code shall not be construed to abolish or impair existing remedies of any jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
▪ e. All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner.
▪ f. Any repairs, additions or alterations to a structure, property, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes of the L.M.P.O.A. Building Code, or other codes referenced therein.
2. Duties and Powers of Property Maintenance/Building Code Official
▪ a. The code official or a designated representative shall enforce all of the provisions of this code.
▪ b. The code official or a designated representative shall issue all necessary notices or orders to ensure compliance with the code.
▪ c. The code official or a designated representative is authorized to enter the structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the code official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the code official shall pursue recourse as provided by law.
▪ d. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.
▪ e. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the code official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the code official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with others for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
▪ f. An official record shall be kept of all business and activities of the department specified in the provisions of this code, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
3. Violations of the Property Maintenance Code
▪ a. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, let to another or occupy or permit another person to occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code.
4. Penalty for a Property Maintenance Code Violation
1. Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine not less than $25.00 nor more than $200.00 at the discretion of the L.M.P.O.A. Inc. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
1. If the code official determines the violation(s) presents a potential risk, health risk, or risk that could cause harm to persons or damage to property (i.e. tall grass or rubbish that could attract rodents, or at risk trees or tree limbs) the Board of Directors will be notified. The Board can authorize the code official and/or staff to contract for services to correct the violation at the property owner’s expense.
5. Proper Notice Procedures for Code Violations
▪ a. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the following manner:
1. Be in writing
2. Include a statement of the reason or reasons why the notice is being issued
6. Transfer of Ownership for Code Violation Dwellings
▪ a. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with.
7. Unsafe Structures and Equipment
▪ a. When a structure, property or equipment is found by the code official to be unsafe, or when a structure or property is found unfit for human occupancy, or is found unlawful, such structure or property shall be condemned pursuant to the provisions of this code.
8. Closing of Vacant Structures
▪ a. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structure collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Notification pursuant to item 4 will be required by the code official.
▪ b. Any person who shall occupy a placard premises or shall operate placard equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placard premises or operate placard equipment shall be liable for the penalties provided by this code.
9. Appealing a Property Maintenance Code Violation
▪ a. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Directors provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
1. General Requirements
◦ NOTE: The provisions of section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, property, equipment and exterior property. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for.
1. Vacant Structures and Land
▪ a. The provisions of this section are enacted to preserve and protect the health, safety and welfare for all existing residential and commercial structures and to eliminate “slum” and “blighting” influences by establishing minimal standards for premises and structures which requires owners of property with Lake Mohawk Property Owners Association to maintain such property in order to have an overall general appearance and structural condition so as to not materially interfere with the use and enjoyment of the property of adjoining owners.
▪ b. The provisions of this section are applicable to the exterior maintenance of the structure and exterior property areas and shall not be construed or interpreted to create any enforcement or inspection authority for the interior condition of a property which are governed by other codes and regulations.
▪ c. The provisions of this chapter shall not be construed to abolish or impair existing remedies set forth in other sections of L.M.P.O.A.’s standards pertaining to the property maintenance code.
2. Exterior Property Areas
a. Residential Structures
▪ 1. Exterior walls and surfaces. All exterior walls shall be maintained structurally sound and be free from holes, breaks, open cracks or loose or rotting materials, and be properly surface coated to prevent deterioration. All exposed surfaces of metal or wood shall be protected from the elements of decay or rust by periodic application of weather coating materials such as paint or similar surface treatment.
▪ 2. Foundation walls. All foundation walls shall be maintained structurally sound and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents or other pests.
▪ 3. Roofs and Chimneys. The roof, flashing and chimney shall be structurally sound and maintained free from holes, breaks, open cracks, loose, rotting or deteriorated shingles or other materials, nests of any kind, and maintained weatherproof. All chimneys, T.V. towers and/or antennas and similar appurtenances shall be maintained structurally safe and sound, and in good repair
▪ 4. Gutters and down spouts. All residential structures shall have gutters, leaders or down spouts which shall be securely fastened and maintained free from holes, breaks or loose or rotting materials and be in good working condition.
▪ 5. Windows and Doors. All windows and doors shall be kept in sound condition and in good repair.
▪ 6. Insect Screens. All doors, windows and outside openings which are supplied with screening or similar mesh type material shall be maintained in good repair or removed.
b. Accessory Structures
▪ 1. Attached accessory structures. All porches, decks or similar structures shall be maintained in a structurally sound and safe condition and be free from holes, breaks, loose or rotting materials and be properly surface coated.
▪ 2. Other accessory structures. Other accessory structures, including detached garages, sheds, fences and walls, shall be maintained structurally sound and in good repair and be free from holes, breaks or open cracks or loose or rotting materials. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
▪ 3. All Accessory Structures. In the event a fire, wind storm or other form of disaster causes the residential structure to be removed, all other structures must be removed from the property. The exception is by written agreement, and approval by the Board of Directors, that a residential structure will be rebuilt on the property within one year from the date of loss.
c. Surrounding Property Areas
▪ 1. Sanitation. All surrounding property areas shall be maintained in a clean, safe and sanitary condition.
▪ 2. Trees, shrubs and vegetation. All trees, shrubs and other vegetation including cultivated flowers and gardens, shall be reasonably groomed, and:
▪ a. Maintained so as to not interfere with the use of the public right-of-way.
▪ b. Maintained so as to not pose a threat of damage to the person or property of adjoining owners.
1. All improved lots will maintain grass height not to exceed 8 inches and remove all fallen trees and branches.
1. No lawn and garden fertilizers containing phosphorus can be used within the community. The Board of Directors may grant an exception for new lawns and owners providing soil samples indicating a phosphorus deficiency.
▪ 3. Rubbish, garbage or junk. All exterior property areas shall be free from any accumulation of rubbish, garbage or junk and all trash must be in a trash container. All rubbish, garbage or junk shall be disposed of in a clean and sanitary manner. Any item, trash, debris or place considered rodent harborage by the inspector shall be removed.
▪ 4. Accumulation or storage of personal property or equipment not in use. All exterior property areas of residential properties shall be free from the unreasonable accumulation or storage of personal property or equipment not in use. Such property or equipment shall include, but not be limited to the folllowing:
a. Non-operable boats, motors, etc.
1. Non licensed vehicles
2. Trailers (excessive in number or in disrepair)
c. Lawn mowers
h. Auto parts
i. Home appliances
j. Unused or discarded construction materials or debris
1. Brush, leaves, lawn clippings, etc
2. All other unsightly objects and items
1. One boat per lot may be stored on a property owner’s driveway. All other boats on the lot will have to be removed. No boats without a current sticker can be stored anywhere on the property.
1. Storage of unlicensed vehicles is prohibited.
1. Location of pet kennels, wood piles, etc., which could be deemed an eyesore, must be located to the rear of the dwelling and maintained so as not to be offensive to adjoining property owners.
▪ 1. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing structure.
C. Light, Ventilation and Occupancy Limitations
▪ 1. General. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements.
▪ a. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window, measured between stops, for every habitable space shall be 8 percent of the floor area of such room, except in kitchens where artificial light is provided in accordance with the provision of the building code.
▪ b. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
▪ a. Every habitable space shall have at least one operable window. The total operable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area.
▪ b. Bathrooms and toilet rooms shall comply with the ventilation requirements for habitable spaces as required, except that a window shall not be required in spaces equipped with a mechanical ventilation system.
4. Occupancy Limitations
▪ a. Dwellings shall not be occupied by more occupants than permitted by the minimum occupancy area requirements established by code.
D. Plumbing Facilities and Fixture Requirements
1. Required Facilities
▪ a. Every dwelling shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition.
2. Toilet Rooms
▪ a. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior.
3. Plumbing Fixtures
▪ a. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
b. Plumbing fixtures shall have adequate clearances for usage and cleaning.
4. Water System
▪ a. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a L.M.P.O.A. water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.
▪ b. The water supply shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
5. Sanitary Drainage System (7/2009)
1. Every plumbing fixture shall be properly connected to the public sewer system.
2. The grinder pump will be maintained through the Association Grinder Pump Maintenance Program (provided the annual fee is paid).
3. All associated equipment is the responsibility if the property owner. This includes, but is not limited to, the tank and housing, all necessary plumbing, electrical breaker, wiring and disconnect, and control boxes and alarms.
4. Grinder pump access is not to be covered in any manner which would impede access for repair.
5. Failure to properly maintain the associated equipment will result in a disruption or refusal of service.
6. Storm Drainage
▪ a. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
E. Mechanical and Electrical Requirements
1. Heating Facilities
▪ a. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 18 degrees C. or 65 degrees F. in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required.
1. Every enclosed occupied work space shall be supplied with sufficient heat during the period from September to June to maintain a temperature as stated in paragraph a above.
1. The required room temperature shall be measured at a point 3 feet above the floor and 3 feet from the exterior walls.
▪ d. All dwellings with supplied water fixtures must maintain a minimum temperature of 50 degrees during periods of extreme and/or sustained cold weather.
2. Mechanical Equipment
▪ a. All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
▪ b. All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.
▪ c. All fuel burning equipment and appliances shall be connected to an approved chimney or vent.
d. All required clearances to combustible materials shall be maintained.
▪ e. All safety controls for fuel burning equipment shall be maintained in effective operation.
▪ f. A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel burning equipment.
▪ g. Devices purporting to reduce fuel consumption by attachment to a fuel burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
3. Electrical Facilities
▪ a. Every occupied building shall be provided with an electrical system in compliance with electrical codes.
▪ b. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with BOCA standards. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires.
▪ c. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
4. Electrical Equipment
▪ a. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
▪ b. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded type receptacle. Every bathroom shall contain at least one receptacle.
▪ c. Every hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.
F. Fire Safety Requirements
▪ a. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the fire safety requirements.
2. Means of Egress
▪ a. A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way.
▪ b. Every exterior and interior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony which is more than 30 inches above the floor or grade below shall have guards. Handrails shall not be less than 30 inches nor more than 42 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches high above the floor of the landing or balcony.
▪ c. All means of egress doors shall be readily operable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided.
▪ d. Every sleeping room located in a basement shall have at least one operable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits.
3. Accumulations and Storage
▪ a. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress
1. All rubbish, garbage and other materials set out for collection by a refuse company shall be in a container.
▪ c. Combustible, flammable explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the code and the fire prevention code.
4. Fire-resistant Ratings
▪ a. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof.
5. Fire Protection Systems
▪ a. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be properly maintained.
b. Fire suppression systems shall be in proper operating condition at all times.
c. Standpipe systems shall be in proper operating condition at all times.
▪ d. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type.
▪ e. Adequate smoke detector systems shall be installed in every dwelling. Power source for smoke detectors shall be either an AC primary source or a monitorized battery primary power source.