§ 151.05 MINIMUM STANDARDS; OWNER'S DUTY.
   The owner of every dwelling shall place and maintain the dwelling in such condition as will fully comply with the following minimum standards, which standards shall be enforceable by the Building Commissioner of the city. The failure of any owner of any dwelling to place and maintain his or her dwelling in condition to fully comply with the following minimum standards, shall be and is hereby declared to constitute such dwelling a serious hazard to public health and to the general welfare of the city.
   (A)   Cleanliness. Every dwelling and every part thereof shall be kept clean and free from any accumulation of dirt, filth, rubbish, garbage, or other matter deleterious to health or constituting a fire hazard, and from vermin and rodent infestation.
   (B)   Repair. Every dwelling shall be kept in good repair and fit for human habitation, including but not limited to entrances and exits, foundation walls, sheds, outhouses, and garages. The roof of every dwelling shall be maintained so as not to leak, and so that all running water shall be drained and conveyed therefrom and shall, where needed to prevent dampness or other damage to or in the walls or ceilings thereto or of buildings on adjoining property, be drained or conveyed into roof gutters or eave troughs, and shall be connected to down spouts.
   (C)   Basement. The basement or cellar or every dwelling shall be drained and ventilated and kept free from rubbish accumulation and rodent infestation.
   (D)   Heating. Every dwelling and dwelling unit shall be capable of being heated to a temperature of 70° F in zero weather, and the heating equipment therein shall be maintained in good order and repair.
   (E)   Lighting and ventilation. Every dwelling and dwelling unit shall contain windows opening directly to the outside air and the total area of such windows shall be not less than 10% of the total area of such dwelling or dwelling unit, which windows shall be glazed and provided with hardware to conveniently open and securely close them, and shall be made to open to the extent of not less than 4% of the floor area of such room, unless provision for equivalent ventilation is otherwise made. Such opening shall be fully screened by metal or plastic screen wire, which shall be not less than 16 meshes to the square inch, during the period May 1 to October 1 of each year.
   (F)   Basement dwelling units. No room in any basement or cellar shall be occupied by anyone or be permitted by the owner thereof to be so occupied as a habitable room unless, in addition to other applicable provisions of this chapter, the following requirements are met:
      (1)   The clear inner height is at least seven feet;
      (2)   The uppermost two feet of the required inner height is above the average outside ground level of such dwelling, unless air and light are available through the use of window wells;
      (3)   The floor and walls thereof are water and dampproof; and
      (4)   The central heating plant of the dwelling in which such habitable room is located is separated from such habitable room by a one-hour fire resistive material.
   (G)   Overcrowding. The total of all habitable rooms in a dwelling unit shall be such as to provide at least 75 square feet of floor area to each occupant 12 years of age or over, and at least 40 square feet of floor area per occupant under 12 years of age. No part of a dwelling unit, except a habitable room as herein defined, shall be used for sleeping purposes.
   (H)   Water supplies and sinks. Whenever a city water main is located in a street, alley, or easement which abuts the property on which a dwelling is located, there shall be provided to every dwelling unit therein running water and at least one sink connected to the public sewer, or to a water disposal system, which meets the standards of the State Board of Health and conforms to the requirements now or hereafter established by ordinance.
   (I)   Toilet facilities. Whenever a city water main is located in a street, alley, or easement which abuts the property on which a dwelling is located, and a sewer is available in a street, alley, or easement abutting such property, there shall be at least one water closet for each ten persons or fraction thereof occupying such a dwelling, which water closet shall be within and accessible from within the dwelling. Where a water main does not abut such property and a sewer is not so available, outhouses shall conform to the requirements now or hereafter prescribed by ordinance.
   (J)   Plumbing. All plumbing, water closets, and other plumbing fixtures in every dwelling and dwelling unit shall be maintained in good operating order and repair.
   (K)   Lighting and ventilation of toilets and bathrooms. Every toilet and every bathroom in a dwelling shall be provided with adequate light and ventilation.
   (L)   Garbage and rubbish receptacles. Every dwelling and dwelling unit shall be provided with receptacles to contain all garbage and rubbish, which receptacles shall at all times be maintained in good order and repair and shall conform to the standards now or hereafter prescribed by ordinance. However, where a garbage disposal unit or incinerator is in use and is in good order and repair, this provision shall not apply as to garbage. Provided further, that whenever a dwelling or dwelling unit is occupied by a person other than the owner, the duties herein prescribed shall devolve entirely on the occupant.
   (M)   Entrances and exits. There shall be provided for each dwelling unit separate and direct access therefrom, either to a hallway, landing, stairway, or to the outside of the building and, in the case of a basement dwelling unit, two such means of access, one of which shall be directly to the outside of such dwelling, and the other directly to a hallway leading directly to the outside of such dwelling.
   (N)   Yards. All courts, yards, or other areas on the premises outside of every dwelling shall be drained so as to prevent the accumulation of surface water, and shall be kept free from rubbish, garbage, or other matter deleterious to health or constituting a fire hazard, and from rodent infestation.
(1980 Code, § 152.05) (Ord. 508, passed 4-27-1965) Penalty, see § 151.99