CHAPTER 70: HOUSING REGULATIONS
ARTICLE I. GENERAL PROVISIONS
   70.001   Definitions
   70.002   Scope of coverage
   70.003   Conflict with other provisions
   70.004   Occupancy certificates
   70.005   Administrative procedures
   70.006   Service of reports, notices, complaints or orders
   70.007   Failure to comply with order
   70.008   Duties of legal officer
   70.009   Building official to administer
ARTICLE II. [RESERVED]
ARTICLE III. HOUSING STANDARDS AND CONDITIONS
Division 1. General Provisions
   70.200   Determination by official
   70.201   Occupancy restricted
   70.202   Responsibility of occupants
   70.203   Responsibility of owners
Division 2. Minimum Standards for Habitation
   70.250   Minimum standards for basic equipment and facilities
   70.251   Minimum standards for light, ventilation and heating
   70.252   Minimum space, use, and location requirements
   70.253   Rooming houses
Division 3. Housing Hazards
   70.300   Declaration of nuisance
   70.301   Structural hazards
   70.302   Faulty weather protection
   70.303   Faulty materials of construction
   70.304   Inadequate fire protection or fire-fighting equipment
   70.305   Fire hazards
   70.306   Hazardous or unsanitary premises
   70.307   Improper occupancy
   70.308   Hazardous wiring
   70.309   Hazardous plumbing
   70.310   Hazardous heating equipment
Division 4. Structural Requirements
   70.350   General Requirements
   70.351   Exterior foundation, walls and roofs
   70.352   Interior floors, walls and ceilings
   70.353   Windows and doors
   70.354   Stairs, porches and appurtenances
   70.355   Bathroom floors
   70.356   Supplied facilities
   70.357   Drainage
   70.358   Egress
   70.359   Cellars and basements
ARTICLE IV. FAIR HOUSING
   70.400   Policy
   70.401   Definitions
   70.402   Unlawful practice
   70.403   Discrimination in the sale or rental of housing
   70.404   Discrimination of the financing of housing
   70.405   Discrimination in the provision of brokerage services
   70.406   Exemption
   70.407   Administration
   70.408   Education and conciliation
   70.409   Enforcement
   70.410   Investigations; subpoena; giving of evidence
   70.411   Enforcement by private persons
   70.412   Interference, coercion or intimidation
   70.413   Severability of provisions
   70.414   Prevention of intimidation in fair housing cases
ARTICLE I. GENERAL PROVISIONS
§ 70.001 DEFINITIONS
   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
   "ALTER or ALTERATION." Any change or modification in construction or occupancy.
   "APARTMENT." A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, family or household, for housekeeping purposes.
   "APARTMENT HOUSE." Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as a home or residence of more than two (2) families living independently of each other and doing their own cooking in the building and shall include flats and apartments.
   "APPROVED." Constructed, installed and maintained in accordance with the provisions of this Code of Ordinances and other pertinent ordinances of the city, and with the rules and regulations adopted.
   "AREA." As applied to the dimensions of a building, the maximum horizontal projected area of the building at grade.
   "ATTIC STORY." Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation.
   "BASEMENT." A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
   "BUILDING." Any building or structure having a roof supported by columns or walls and intended for shelter, occupancy, or enclosure of persons, animals or chattels.
   "BUILDING OFFICIAL." The public officer or other designated authority charged with the administration of this chapter, or his duly authorized representative.
   "BOARD." The board of building and housing appeals.
   "DWELLING." Any building or mobile home, or part thereof, used and occupied for human habitation or intended to be so used; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
   "DWELLING UNIT." Any room or group of rooms located within a dwelling and forming a single habitable unit with living, sleeping, cooking, eating and sanitary facilities.
   "EXTERMINATION." The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods.
   "GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   "HABITABLE ROOM." A room or enclosed floor space used, or intended to be used, for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces.
   "INFESTATION." The presence within or around a dwelling, or any insects, rodents, or other pests.
   " MOBILE HOME." Any vehicle or similar portable structure on wheels, jacks or permanent foundation, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
   "MULTIPLE DWELLING." Any dwelling containing more than two (2) dwelling units.
   "OCCUPANT." Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit, rooming unit, building or portion of a building.
   "OWNER." A holder of any legal or equitable title in the premises, whether along or jointly with others, and whether in possession or not; or any person who shall have charge, care, or control of any dwelling, dwelling unit, or building as owner or agent of the owner or as executor, administrator, trustee or guardian of the estate of the owner.
   "PARTIES IN INTEREST." All individuals, associations and corporations who have interests of record in a dwelling or building any who are in possession thereof.
   "PHYSICAL VALUE." The actual cost of replacement of a building or structure with similar materials erected in a like manner to the original construction. Physical value could also mean the fair market value or the appraised value of a building or structure, exclusive of land value, as may appear in the tax digest of the city council.
   "PLUMBING." The art of installing in buildings the pipes for distributing the water supply, the fixtures for using water and drainage pipes for removing waste, water and sewage, together with fittings and appurtenances of various kinds, all within or adjacent to the building and including the service pipe which forms the connection between the shutoff valve and curbline and the building, and the house sewer which conveys the waste water and sewage from the building to the street sewer or other point of disposal. The house sewer includes private sewage disposal contraptions or other methods and storm or rain water pipings, if the waste water or sewage is discharged through or connected with the house sewer or house drain.
   "POTABLE WATER." Water duly approved as satisfactory and safe for drinking.
   "PREMISES." A platted lot or part thereof, or unplatted lot or parcel of land or plot of land, either occupied by any dwelling or nondwelling structure.
   "PUBLIC HALL." Any hall, corridor or passageway not within the exclusive control of one (1) family.
   "ROOMING HOUSE." Any dwelling, or that part of any dwelling containing one (1) or more rooming units, in which space is let by the occupant to three (3) or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the occupant.
   "ROOMING UNIT." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
   " RUBBISH." All waste materials except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
   "STAIRWAY." One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
   "SUBSTANDARD DWELLING OR STRUCTURE." A dwelling, dwelling unit, multiple dwelling, apartment, apartment house, or any other space used or intended to be used as a habitable living space in any building or structure which does not meet the basic minimum requirements of this Code for such use.
   "TEMPORARY HOUSING." Any tent, travel trailer or other portable structure or vehicle used for human shelter which is not attached to the ground, another building or structure, or any utility for more than thirty (30) consecutive days.
(Ord. No. 11.66, 2-4-66)
§ 70.002 SCOPE OF COVERAGE
   This chapter shall apply to every building or structure or appurtenances connected or attached to such buildings or structures within the city.
(Ord. No. 11.66, § 102, 2-4-66)
§ 70.003 CONFLICT WITH OTHER PROVISIONS
   In any case where a provision is found to be in conflict with any existing code, ordinance or regulation of the city, the provision which establishes the higher standard shall prevail.
(Ord. No. 11.66, § 103, 2-4-66)
§ 70.004 OCCUPANCY CERTIFICATES
   (A)   Required. No person shall occupy or reoccupy, or let to another to occupy or reoccupy, any dwelling or dwelling unit, rooming house or rooming unit, nor shall water, electric, and/or gas utilities be supplied by the city or a utility company until an occupancy certificate has been issued.
   (B)   Issuance, denial. A certificate of occupancy shall be issued within five (5) days after written application or a statement is given in writing specifying the reasons why a certificate of occupancy cannot be issued.
   (C)   Fee. A fee of ten ($10.00) dollars shall be paid to the city for each certificate of occupancy issued under this chapter, to be paid at the time of the application for a building permit.
   (D)   Contents. The certificate of occupancy shall be issued in the name of the owner as defined herein, and shall state that the dwelling, dwelling unit, rooming house or room unit is in conformance with this chapter.
      (1)   For a dwelling or dwelling unit, the certificate shall contain the name of the individual or head of the household occupying the dwelling or dwelling unit, in addition to and if different from the owner. It shall also contain an expiration date but in all cases it shall expire upon a change in ownership or vacation by the individual or head of household named in the certificate unless sooner revoked as hereinafter provided.
      (2)   For a rooming house, the certificate shall contain the name of the operator, if different from the owner, and shall expire at the end of one (1) year following its date of issuance, unless sooner revoked as hereinafter provided.
   (E)   Revocation. Whenever any dwelling, dwelling unit, rooming house or rooming unit is found to contain violations of this chapter, the building official shall give notice that unless the violations are corrected within a reasonable period of time; the occupancy certificate will be revoked subject to appeal to the board of building and housing appeals.
(Ord. No. 11.66, § 107(4), 2-4-66)
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