A. Tenant Responsibilities: Tenants are responsible for the condition of the rental dwelling units that they occupy. The licensee is responsible for the maintenance of the rental dwelling units, and the lot on which the rental dwelling sits. It is ultimately the responsibility of the licensee to assure that every rental dwelling is maintained in compliance with all City ordinances and State laws. A violation of any of the following laws and ordinances constitutes a public nuisance:
1. Public Nuisance Ordinance (Title 4, Chapter 1).
2. Solid Waste Ordinance (Title 4, Chapter 2).
3. Fire Prevention Code (Title 4, Chapter 6).
4. Animal Ordinance (Title 5, Chapter 4).
5. Building Code (Title 9, Chapter 1).
6. Property Maintenance Code (Title 9, Chapter 2).
B. Interior Inspections of Rental Dwellings: The Building Official, Building Inspector, Housing Inspector, Fire Department Personnel, Police Officers and their respective representatives are authorized inspectors who may enter rental dwellings for purposes of making inspections reasonably necessary to enforce this Section. The tenant and owner shall be given notice of the inspection by personal service, electronic communication, telephone contact or postmarked letter at least seventy-two (72) hours prior to the time the inspection is made. All authorized inspectors noted in this Section have the authority to enter any rental dwelling or rental dwelling unit at all reasonable times. Each tenant of a rental dwelling or rental dwelling unit shall give the owner, the owner’s agent, or authorized City official access to any part of such rental dwelling or rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter. An owner or tenant may refuse to permit entry to a rental dwelling or rental dwelling unit for an inspection pursuant to this Chapter, in which case, the inspector may seek an administrative search warrant authorizing such inspection.
C. Minimum Requirements and Implementation Standards:
1. Minimum Requirements: The minimum requirements imposed by this Code include those standards or requirements in effect on the date of the construction of a building subject to this Code. It is not the intention of this Code to require all buildings to be upgraded to meet all requirements of the present Building Code.
2. Implementation Standards: In administering this Code, the housing official will treat the following as conditions constituting an immediate hazard to health and safety that must be corrected by the compliance date stated in the compliance order:
a. Required: Smoke and carbon monoxide detectors shall be required as follows:
(1) One (1) smoke detector shall be installed in each sleeping room.
(2) One (1) smoke detector shall be installed on each level near the sleeping rooms and stairways. All battery-operated smoke detectors shall be installed as per the manufacturer’s instructions. During any remodeling (excluding minor remodeling as determined by the housing official) all smoke detectors shall be hardwired and interconnected.
(3) All existing single-family dwellings shall be equipped with an approved carbon monoxide detector located within ten feet (10') of each sleeping room.
(4) All multi-family or apartment dwelling units shall be equipped with an approved carbon monoxide detector located within ten feet (10') of each sleeping room.
Exception: Multi-family dwellings may have approved and operational carbon monoxide alarms installed between fifteen feet (15') and twenty-five feet (25') of carbon monoxide producing central fixtures, provided there is a centralized alarm system or other mechanism for responsible parties to hear the alarm at all times.
b. Unsafe, Inadequate Heating: Heating systems, dryer venting, wood burning stoves, fireplaces, and oil burners that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted, or plugged flues or drip tees; improper flue pitch; improper flue clearances; improper venting; improper gas piping or gas valve installation; or being incapable of adequately heating the living space.
c. Dryer Exhaust Ducts: Dryer exhaust ducts shall be metal and installed per the current Mechanical Code.
d. Unsafe Electrical Systems: Electrical systems that are unsafe due to: exposed busbar at panel, dangerous overloading, damaged or deteriorated equipment, improperly tapped or spliced wiring, exposed uninsulated wires, distribution systems of extension cords or other temporary methods, and ungrounded systems. Ground fault circuit interrupter (GFCI) protection must be provided for all receptacle outlets in bathrooms, garages, grade level portions of unfinished accessory buildings, unfinished basements, kitchen countertops, wet bars, and the exterior.
e. Unsafe, Unsanitary Plumbing Systems: Plumbing systems that are unsafe or unsanitary due to: leaking or improper waste and venting of fixtures and traps, lack of water closet or washing and bathing facilities, or cross connection of the potable water supply. All potable water systems shall be protected against backflow and back siphonage by providing an air gap and/or backflow prevention. Water heaters that are unsafe due to: burned or rusted heat exchangers (fire box); burned, rusted, improperly pitched, or plugged venting; improper flue clearance; leaking tanks; improper gas piping, or gas valve installation; or leaking/corroded connections and temperature/pressure relief valves.
f. Imposed Loads: Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads.
g. Unfit for Human Occupancy or Use: Refuse, garbage, human waste and animal, decaying vermin or other dead animals, animal waste and other materials rendering the dwelling and property unsanitary for human occupancy or use.
h. Infestation: Infestation of rats, insects, and other vermin.
i. Stairways; Guardrails; Handrails: Stairways, guardrails, and handrails shall be maintained in a safe compliant manner. Should corrective measures be required, all affected components shall be repaired compliant with current codes and standards.
j. Below Grade Escape Wells: Below grade escape wells shall be free of obstructions, constructed and maintained in a safe and Code compliant manner. Window wells with a vertical depth greater than forty-four inches (44") below adjacent ground level shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position.
k. Foundation: The foundation shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points.
l. Sidewalks; Stoop; Concrete Steps: Sidewalks, stoop, and concrete steps shall be maintained free of large cracks and breaks. All exterior concrete shall pitch away from the structure.
m. Exterior Walls, Soffit and Fascia, and Roof: The exterior walls and roof shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition, which might allow water intrusion within the interior portion of the walls or to the exterior spaces of the structure. The roof shall be tight and have no defects, which allow water intrusion. Roof drainage shall be adequate to prevent moisture from causing dampness within the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment.
n. Exterior Doors, Windows, and Insect Screens: Every window, exterior door and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every operable window shall be capable of being easily opened. Every window, door, screen, and frame shall completely exclude water intrusion, wind, vermin, and rodents from entering the building. Insect screens shall be installed on all operable windows and shall be maintained in a sound condition and repair. Garages, attached or detached, shall have a fully operational overhead door or barn type door which must be kept in sound condition and repair.
o. Yards: All trees, shrubs and brush growing against any building or fence which represents a hazard to the structural integrity of any structure shall be removed or trimmed to prevent damage. All yards shall be graded so as to not affect the character of the immediate residential area.
p. Grading and Drainage: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water. All surface water shall drain away from the foundation walls of all dwellings. Damaged gutters and downspouts shall be repaired or removed.