§ 155.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
   (A)   No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary and fit for human occupancy.
   (B)   Every owner of a dwelling containing three or more dwelling units shall maintain in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.
   (C)   Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he or she occupies and controls.
   (D)   Every occupant of a dwelling or dwelling unit shall store and dispose of all his or her rubbish in a clean, sanitary and safe manner.
   (E)   Every occupant of a dwelling or dwelling unit shall store dispose of all his or her garbage, refuse and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, safe manner. All garbage cans and refuse containers shall be rat-proof, insect-proof, water-tight, structurally strong with tight-fitting covers or similar closures; and shall be maintained at all times in a clean sanitary condition.
   (F)   The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall be sufficient to meet the needs of the occupants of the dwelling.
   (G)   Every owners of a dwelling containing three or more dwelling units shall supply facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of each occupant to furnish such facilities or refuse containers.
   (H)   The owners of a dwelling unit shall be responsible for providing and hanging all screens whenever the same are required under the provisions of this chapter or any rule or regulation adopted pursuant thereto. Maintenance or replacement of screens once installed in any one season becomes the responsibility of the occupant. The occupant’s responsibility shall be exclusive to his or her dwelling unit.
   (I)   Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, and/or rats, on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his or her dwelling unit is the only one infested. Notwithstanding, the foregoing provisions of this division, whenever infestation is caused by failure of the owner to maintain dwelling in a ratproof or reasonable insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
   (J)   No buildings, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be construed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a rat harborage or to become conducive to rat harborage.
   (K)   No buildings, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be construed, made, used, maintained or operated in any manner causing or producing any health or safety hazard, or permitted to become a mosquito harborage or to become conducive to mosquito harborage.
   (L)   No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may provide a rat harborage in or about any dwelling, dwelling unit or its premises. Usable stored materials shall be stacked neatly and elevated at least 18 inches above the ground or floor.
   (M)   No owner of a dwelling containing three or more dwelling units shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may provide a rat harborage in or about the shared or public areas of a dwelling or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly and elevated at least 18 inches above the ground or floor.
   (N)   No owner or occupant of a dwelling or dwelling unit shall store, place or allow to accumulate any materials which may serve as food for rats in a site accessible to rats.
   (O)   Every owners of a dwelling containing three or more dwelling units shall be responsible for cutting and removing all weeds on the premises. In the case of single or two-family dwellings, it shall be the responsibility of each occupant to cut and remove all weeds on the premises.
   (P)   Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean, sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
   (Q)   It shall be unlawful for any occupant of any dwelling unit, building or structure of any kind whatever, to vacate the premises without his causing to be removed therefrom and properly disposed of, all garbage or rubbish or other objectionable waste of any kind.
   (R)   Every owner of a premises which does not include a vacant structure shall maintain the premises in a safe and sanitary condition and shall remove therefrom, and property dispose of, all garbage, rubbish and weeds.
   (S)   Every owner of a premises which does not include a structure shall maintain the premises in a safe and sanitary condition and shall remove therefrom, and properly dispose of, all garbage, rubbish and weeds.
   (T)   No person shall deposit or place any refuse or other hazardous materials in or adjacent to any road, street, alley or other public place unless it is in proper containers for collection.
   (U)   No personal shall deposit or place any refuse, junk vehicles or other hazardous materials upon property owned by another without the approval of the owner of the property.
   (V)   In every dwelling unit and/or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68°F shall be maintained in all habitable rooms, bathroom and water closet compartments at a distance of 36 inches above the floor level.
   (W)   Every owner of a dwelling or dwelling unit shall provide and maintain the dwelling or dwelling unit, free from hazards to health due to the presence of toxic substance, e.g. lead-based paint, as determined by the Health Officer.
   (X)   No owner or occupant shall apply a lead-based paint to any surface in any dwelling, dwelling unit, rooming house and/or rooming house and/or rooming unit.
   (Y)   If, upon reinspection, the Health Officer or his or her designee determines that abatement has not occurred so that the environmental public nuisance continues to constitute a menace to the health and safety of the people of Boone County, then the Health Officer or his or her designee may enter upon the premises and abate the offending condition.
   (Z)   Any person who has been issued and received notice of an order concerning code violations, substandard or hazardous health conditions on or about real property subject to jurisdiction of health and housing standards herein, pursuant to this chapter, shall:
      (1)   Disclose the order from Boone County Department of Public Health to any person who may take or agrees to take a substantial property interest in the property which is the subject of the order or orders written on the conditions of subject property. This information shall be supplied to any prospective transferee prior to the effective date of any transfer or agreement to transfer a substantial property interest in the subject property; and
      (2)   Supply the following information to the Boone County Public Health Department within five calendar days after there is any transfer or agreement to transfer a substantial property interest in the subject property;
         (a)   The full name, address and telephone number of the person taking a substantial interest in the subject property; and
         (b)   A true and exact copy of the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.
(Ord. 91-4, passed 7-15-1991) Penalty, see § 10.99