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When the enforcing officer, in his or her judgment, finds that an emergency, exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. The person to whom such order is directed shall comply immediately.
(Ord. 26-95. Passed 9-25-95.)
(a) When the enforcing officer determines that there has been a violation of this Housing Code or any rule or regulation adopted pursuant thereto, such officer shall serve a written notice of violation upon the persons responsible therefor. Such notice shall:
(1) Include a list of violations, referring to the section or sections of this Housing Code which have been or are being violated.
(2) Describe the dwelling, dwelling unit, rooming unit, accessory structure or premises where the violations exist or have been committed.
(3) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Code.
(4) Set a reasonable time, not exceeding thirty days in any event, for compliance.
(5) Advise the owner or occupant of the procedures of appeal.
(b) When the holder of a rental occupancy license has, subsequent to previous issuance of a notice of violation, failed to comply with any provision of this Housing Code or other applicable codes, the holder's rental occupancy registration may be revoked by the enforcing officer. Upon written notification of the revocation, it shall be the responsibility of the owner or agent to evict the tenant. It shall also be the responsibility of the owner/operator to insure that the eviction process is conducted in a timely manner and in accordance with current acceptable legal standards.
(Ord. 26-95. Passed 9-25-95.)
A notice of violation shall be served upon an owner or his or her agent, or an occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to his or her last known address, and if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice.
(Ord. 26-95. Passed 9-25-95.)
(a) A Board of Zoning Appeals is hereby established. Such Board shall consist of five members who shall be residents of the City. The members shall be appointed as follows:
One member shall be appointed by the Mayor;
One member shall be appointed by the City Manager;
One member shall be appointed by the City Council; and
Two members shall be appointed as at-large members by City Council.
(b) The terms of the Zoning Board of Appeals members of the Board shall be five years, except that the terms of the members of the first Zoning Board of Appeals shall be one member for one year; one member for two years; one member for three years; one member for four years; and one member for five years. Thereafter, each member shall be appointed for a term of five years and shall continue in office until his or her successor is appointed and qualified. Vacancies shall be filled by Council and shall be for the unexpired term.
(c) The Zoning Board of Appeals shall organize and adopt rules in accordance with the provisions of this Housing Code. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or, in his or her absence, the Acting-Chairperson, may administer oaths, and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and all business of the Board shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and be a public record.
(d) Appeals to the Board may be taken by any person aggrieved. Such an appeal shall be taken within twenty days after the decision appealed by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by an attorney. Such appeals shall be accompanied by payment of such fees as Council may determine from time to time.
(Ord. 26-95. Passed 9-25-95; Ord. 19-2021. Passed 10-25-21.)
The Board of Zoning Appeals shall have the authority to interpret this Housing Code and, specifically, to:
(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the enforcing officer in the interpretation of this Housing Code; and
(b) Upon appeal, determine when, and if, the demolition of a dwelling or structure is required, and, if demolition is required, serve notice of such to the owner.
If the owner docs not demolish the said structure within the given time limits. the Board of Zoning Appeals shall order the demolition of such structure, as provided for in § 1458.06
.
(c) Interpret the provisions of this Housing Code in such a way as to carry out the intent and purpose of this Housing Code.
(Ord. 26-95. Passed 9-25-95; Ord. 19-2021. Passed 10-25-21.)
(a) The enforcing officer shall condemn and placard as unfit any dwelling, dwelling unit or premises, including accessory buildings, which have:
(1) Become so damaged, dilapidated, decayed, unsanitary, unsafe or vermin-infested, or which so utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation or use, or are so likely to cause sickness or disease that their condition constitutes a serious hazard to the health, morals, safety or general welfare of the occupants or other residents of the City;
(2) Light, air, ventilation and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein, or the general public;
(3) Improperly distributed loads upon the floors or roofs, or which are overloaded, or which have insufficient strength to be reasonably safe for the purpose being used;
(4) Been damaged by fire, wind or other causes so as to become dangerous to life, safety, morals or the general welfare of the occupants or other residents of the City;
(5) Inadequate facilities for ingress and egress in case of fire, panic or other emergencies, or insufficient stairways, elevators, fire escapes or other means of communication;
(6) Parts which are so attached that the same may fall and injure occupants, other residents or other property;
(7) Interior walls or other vertical structural members listing, leaning or buckling to such an extent that the safety of the occupants may be endangered;
(8) Exclusive of the foundation, thirty-three percent or more damage or deterioration of the nonsupporting members, or fifty percent damage or deterioration of the nonsupporting enclosure or outside walls or covering
(b) Any dwelling or dwelling unit condemned and marked as unfit for human habitation shall be vacated within a reasonable time as ordered by the enforcing officer. It shall be the responsibility of the occupant or tenant to vacate within the time limit ordered by the enforcing officer. It shall also be the responsibility of the owner or operator to see to it that the order to vacate the premises is complied with by the occupant or tenant.
(c) No dwelling or dwelling unit which has been condemned and marked as unfit for human habitation shall again be used for habitation until written approval is secured from, and the marking as unfit for human habitation removed by, the enforcing officer. The enforcing officer shall remove the notice when the defects upon which the condemnation action was based have been eliminated.
(d) No person shall deface or remove the notice of condemnation from any building, accessory use structure or premises which have been condemned as unfit, except as provided in subsection (c) hereof.
(e) A person affected by notice of an alleged violation under subsection (a) hereof may request and shall be granted a hearing before the Board of Zoning Appeals, provided that the request for such hearing is made within the number of days specified in the notice. The proceedings at such hearings, including the findings and decisions of the Board, are to be summarized, reduced to writing and entered as a matter of public record in the office of the Building/Zoning Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter. A person aggrieved by a decision of the Board may seek relief therefrom in any court of competent jurisdiction.
(f) If, after sufficient notice and appeals, the Board of Zoning Appeals finds that the structure in question cannot be improved so as to comply with the provisions of this chapter, and that the same is unsafe and presents a hazard, the Board may direct the owners to demolish such structure. In the event the owners fail to comply with such an order, the Board may order the demolition of such structure and shall certify the cost and expense of demolition as set forth herein to the County Auditor, and the same shall become a lien upon the real estate.
(Ord. 26-95. Passed 9-25-95.)
A dwelling, dwelling unit, building, accessory use structure or other premises condemned as unfit for use within the terms of this chapter is hereby declared to be a public nuisance and shall be repaired, vacated or demolished as provided in this chapter.
(Ord. 26-95. Passed 9-25-95.)
(a) All dwellings and dwelling units shall meet the minimum standards set forth in this section to be in compliance with this Housing Code.
(b) Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have an adequate circulation area and which shall be equipped with following:
(1) A kitchen sink in good working condition and properly connected to an approved water supply and sewage disposal system.
(2) Cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils.
(3) A stove for cooking food and a refrigerator for the safe storage of food at temperatures of forty-five degrees Fahrenheit or less, which are properly installed with all necessary connections for safe, sanitary and efficient operation, provided that such stove and refrigerator need not be installed when a dwelling unit is not occupied or when the occupant is expected to provide the same as a condition of occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of such stove and refrigerator are provided.
(c) Every dwelling unit shall have the following:
(1) Water closet. Every dwelling unit shall have a nonhabitable room which provides privacy to a person and in which a flush water closet, in good working condition, is properly installed. The water closet shall be connected to an approved water supply that will provide adequate pressure for the correct operation of the water closet. The water closet shall be properly connected to an approved sewer system.
(2) Lavatory sink. Every dwelling unit shall have a lavatory sink, properly connected to an approved water and sewer system. The lavatory sink shall be properly connected to a hot water supply that will provide adequate hot water at reasonable temperatures.
(3) Bathtub or shower. Every dwelling unit shall have a nonhabitable room which provides a person privacy and is equipped with a bathtub or shower in good operating condition. Every bathtub or shower shall be properly connected to an approved water and sewer supply. Every bathtub or shower shall be properly connected to a hot water heating system that will provide a sufficient amount of reasonably hot water.
(d) Every dwelling unit shall have adequate garbage and rubbish storage containers in which to place the garbage and rubbish produced therein. The containers should be water tight and rodent proof.
(e) Every dwelling unit shall have properly supplied and connected water heating facilities, maintained in safe and good operating order, that will supply a reasonable amount of hot water to all necessary uses.
(f) Every dwelling unit shall have a least two means of egress that lead to safe and open space at ground level. Every dwelling unit in multiple dwelling units shall have immediate access to two or more approved means of egress, leading to safe and open space at ground level. Bedrooms located above the first floor shall be provided with an exterior door or window of such dimensions that it can be used as a means of emergency egress.
(g) Structurally sound handrails shall be provided on any steps containing five risers or more. Porches and/or balconies located more than thirty inches higher that the adjacent area shall have structurally sound protective handrails thirty-six inches high and, if unenclosed, balusters spaced so that the maximum spacing between vertical members shall be less than four inches.
(h) Access to or egress from each dwelling or dwelling unit shall be provided without passing through another dwelling or dwelling unit.
(i) All exterior doors of dwelling units shall be provided with safe, functioning locking devices.
(j) Smoke detectors shall be supplied and kept in good working order.
(Ord. 26-95. Passed 9-25-95.)
(a) All dwelling units shall meet the minimum standards for light and ventilation set forth in this section to be in compliance with this Housing Code.
(b) Every habitable room shall have at least one window or skylight facing outdoors. However, when a habitable room is connected to a room or area used seasonally (such as a porch), adequate daylight must be possible through this inter- connection. All window sashes shall be glazed and provided with suitable hardware, and shall be made to open to the extent of not less than four percent of the floor area of such room, unless an approved mechanical ventilation system is installed.
(c) Every bathroom or water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in this chapter, except that no window shall be required in adequately ventilated and lighted bathrooms and water closet compartments that are equipped with an approved mechanical ventilation system.
(d) Every dwelling unit shall be equipped with window and door screens where deemed necessary by the Health Commissioner. Every basement window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall have a screen or other device that will effectively prevent their entrance.
(Ord. 26-95. Passed 9-25-95.)
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