PROPERTY MAINTENANCE

Biloxi Code of Ordinances ch. 5, art. IX

in effect

Biloxi Code of Ordinances § 5-9-1 Definitions.

Sec. 5-9-1. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dwelling means any building or structure or part thereof used and occupied for human habitation or intended to be so used, including any yard, garden, outhouse and appurtenance belonging thereto and which is usually enjoyed therewith. The term shall, in cases where applicable, include commercial buildings. Owner means any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of state, county, or municipality 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. Parties in interest means individuals, associations or corporations who have an interest of record in or who are in possession of a dwelling. Public authority means any housing authority, or any officer who is in charge of any department or branch of the government of the city or state relating to health, fire or building regulations or to other activities concerning dwellings in the city. Public officer means the officer in charge in any city department who is authorized by this article and by the statutes providing for the enactment of this article to exercise the powers prescribed in this article. (Ord. No. 2452, § 2, 9-21-2021; Ord. No. 2583, § 2, 6-10-25)

Biloxi Code of Ordinances § 5-9-2 Property maintenance code.

Sec. 5-9-2. - Property maintenance code. There is hereby adopted the International Property Maintenance Code, 2024 edition, together with Appendix A, as published by the International Code Council, Inc., as the standards for the maintenance or elimination of unsafe buildings within the city. A copy of the International Property Maintenance Code shall be kept on file in the office of the community development department of the city as a permanent record. Such International Property Maintenance Code is hereby adopted as if set out at length in this section, subject, however, to all amendments, deletions and substitutions contained in this code and to inconsistent provisions contained in this code. Any provision in this code which refers to the International Property Maintenance Code or to any previously adopted version of any such property maintenance code shall be deemed to refer to the version adopted by this section, and any provision in this code which refers to a specific provision in any previously adopted version of the property maintenance code of the city shall be deemed to refer to the section or appendix contained in the version adopted by this section which corresponds in substantive text regardless of the numbering systems utilized. (Code 1959, § 6-9-1; Ord. No. 1634, § 1(a), 2-24-92; Ord. No. 2034, § 2, 3-21-06; Ord. No. 2147, § 2, 1-5-10; Ord. No. 2236, § 2, 9-3-13; Ord. No. 2362, § 2, 4-24-18; Ord. No. 2452, § 2, 9-21-2021; Ord. No. 2583, § 2, 6-10-25)

Biloxi Code of Ordinances § 5-9-3 Construction of code.

Sec. 5-9-3. - Construction of code. Any provision in this Code of Ordinances which refers to the code adopted by section 5-9-2 or the elimination or repair of unsafe buildings code of the city or to any previously adopted version of any such code shall be deemed to refer to the version adopted by section 5-9-2. Any provision in this Code of Ordinances which refers to a specific provision in any previously adopted version of the elimination or repair of unsafe buildings code of the city shall be deemed to refer to the section contained in the version adopted by section 5-9-2, which corresponds in substantive text regardless of numbering systems utilized. (Code 1959, § 6-9-1; Ord. No. 1634, § 1, 2-24-92; Ord. No. 2452, § 2, 9-21-2021)

Biloxi Code of Ordinances § 5-9-4 Powers of enforcing officer.

Sec. 5-9-4. - Powers of enforcing officer. The administrative officer or public officer charged with the carrying out of the provisions of this article is authorized to exercise all such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others granted in this article: (1) To investigate the dwelling conditions in the city in order to determine which dwellings therein are unfit for human habitation. (2) To administer oaths and affirmations, examine witnesses and receive evidence. (3) To enter upon premises for the purpose of making examinations, provided such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession. (4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this article. (5) To delegate any of his functions and powers under this article to such officers and agents as he may designate. (Ord. No. 2452, § 2, 9-21-2021)

Biloxi Code of Ordinances § 5-9-5 Repair of unfit or dangerous dwellings.

Sec. 5-9-5. - Repair of unfit or dangerous dwellings. (a) Issuance of complaint. Whenever a petition is filed with the public officer by a public authority or by at least five residents of the city, charging that any dwelling is unfit for human habitation, or whenever it appears to the public officer on his own motion that any dwelling is unfit for human habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such premises a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten days and not more than 30 days after the serving of such complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. (b) Order to repair unfit dwelling. If, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order requiring him, to the extent and within the time specified in the order, to repair, alter or improve the dwelling to render it fit for human habitation or, at the option of the owner, to vacate and close the dwelling as a human habitation. (c) Closing of dwelling. If the owner fails to comply with such order within the time prescribed, the public officer may cause the dwelling to be vacated and closed, and the public officer may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." It shall be unlawful for any person to rent, lease or occupy or to permit any person to rent, lease or occupy such building for human habitation, or to otherwise be guilty of any violation of the terms of this article. (d) Order to repair dangerous building. If, after notice and hearing, the public officer determines that a dwelling is in such condition because of dilapidation, disrepair or structural defects, or otherwise, that it is dangerous or injurious to the health or safety of the public or the occupants of the dwelling or the occupants of neighboring dwellings, he shall issue and cause to be served upon the owner an order requiring him to repair, alter or improve the dwelling to the extent and within the time specified in such order, or, at the option of the owner, to remove or demolish such dwelling. If the owner fails to comply with such order within the time prescribed, the public officer may cause such dwelling to be repaired, altered or improved in accordance with the order, or, if such repairs, alterations or improvements cannot be made at a reasonable cost in relation to the value of the dwelling, such public officer may cause such dwelling to be removed or demolished, and the cost of such repairs, alterations, improvements or removal or demolition shall be a lien against such real estate and assessed and collected as a special tax. If the building is removed or demolished by the public officer, he may sell the materials of such dwelling, and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the circuit court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by the final award or judgment of such court. Nothing in this subsection shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. (e) Appeal. Any person feeling aggrieved by any decision of the public officer may, within ten days, appeal the decision by notifying the building and housing board of adjustments and appeals in writing, specifying what portion of the building official's decision is being appealed. The board shall then consider the appeal and make a written decision, which will be filed in the office of the housing official within 30 days of receipt of the notice of appeal. All decisions of the building and housing board of adjustments and appeals shall be deemed to the final decision of the municipal authorities, except that decisions of the building and housing board of adjustments and appeals concerning the granting of variance requests shall be appealable to the city council. If a person feels aggrieved by a decision of the building and housing board of adjustments and appeals in the granting of a variance request under the International Property Maintenance Code, he shall so notify the city council in writing by filing a notice of appeal with the clerk of the city council within ten days of the date the board's decision is filed in the office of the public official. In such cases, the city council may consider the matter on the record of the board or hold a public hearing prior to making a final decision, or both; provided, however, that the city council may reverse or modify the decision of the board only after holding a public hearing and making a determination that the board's decision was based on a mistake of fact, a mistake in the interpretation of law, or both. The city council's decision shall be made in writing, shall be filed with the clerk of the city council within 14 days of the hearing on the matter and shall be final. A copy of this written decision shall be forwarded to the appealing party by the clerk of the city council. (f) Definition. As used in this section, the term "any person" shall be defined to mean any person who resides within the city or who owns an interest in any real property located within the city. (Ord. No. 2452, § 2, 9-21-2021 Ord. No. 2583, § 2, 6-10-25)

Biloxi Code of Ordinances § 5-9-6 Basis for determining dwelling to be unfit.

Sec. 5-9-6. - Basis for determining dwelling to be unfit. The public officer may deem that a dwelling or building is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety and welfare of the persons using such dwelling for human habitation, or to the public. Without limiting the generality of this section, such conditions may include the following: defects therein increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects and uncleanliness. (Ord. No. 2452, § 2, 9-21-2021; Ord. No. 2467, § 2, 10-26-21)

Biloxi Code of Ordinances § 5-9-7 Service and filing of complaints and orders; conduct of hearings.

Sec. 5-9-7. - Service and filing of complaints and orders; conduct of hearings. (a) Complaints or orders issued by a public officer charged with the administration of this article, or pursuant to this article, shall be served upon persons either personally or by registered mail; but, if the whereabouts of such persons are unknown and the person's whereabouts cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the complaint or order once each week for two successive weeks in a newspaper printed and published in the city, or, in the absence of such a newspaper, in one printed and published in the county and circulating in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the proper office for the filing of lis pendens notices in the county in which the dwelling is located, and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. (b) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. (c) This section shall apply only to any civil remedy and not to any criminal action which may be instituted. (Ord. No. 2452, § 2, 9-21-2021)

Biloxi Code of Ordinances § 5-9-8 Interpretation of article.

Sec. 5-9-8. - Interpretation of article. (a) Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its ordinances or regulations, nor to prevent or punish violation thereof, and the powers conferred by this article shall be cumulative and supplemental to the powers conferred by any other law or ordinance. (b) Nothing in this article or in the code adopted by this article shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred or any cause of action accrued or existing under any act or ordinance repealed by the ordinance from which this article is derived, nor shall any right or remedy of any character be lost, impaired or affected by this article. (Ord. No. 2452, § 2, 9-21-2021)

Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/code_of_ordinances?nodeId=COOR_CH5BU_ARTIXPRMAFetched: 11/1/2026