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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.)
(a) Every dwelling unit shall be equipped with proper size service equipment and with electrical convenience outlets or ceiling fixtures which meet the requirements of the building and electrical codes as to number, location and installation and which shall be maintained in good and safe working condition. Every dwelling unit shall be supplied with at least 100 amp service, except in cases where existing wiring was installed according to accepted practice and codes at the time of installation and such installation has been maintained properly and is in good repair. All replacements and improvements in electrical wiring must meet applicable codes.
(b) All stairs and hallways in dwelling units shall be lighted in accordance with building and electrical code requirements.
(Ord. 26-95. Passed 9-25-95.)
(a) All persons shall meet the minimum standards set forth in this section to be in compliance with this Housing Code.
(b) Every dwelling unit shall have heating facilities which are properly installed, maintained in safe and good working condition and capable of safely and adequately heating all habitable rooms, bathrooms, etc., in the dwelling unit to a temperature of at least sixty-five degrees Fahrenheit at a distance of eighteen inches above the floor level under ordinary winter conditions.
(c) No owner or occupant shall install, operate or use a heating device employing a flame that is not of a sealed combustion type and that is not vented outside the structure in an approved manner, with the exception of approved heating devices that meet all applicable codes for use as interior heating units.
(d) No owner or occupant shall install, operate or use a kerosene heater unless the manufacturer's instructions for use are strictly adhered to and the following requirements are also met:
(1) No unvented kerosene heater shall be located in any building means of egress.
(2) No kerosene heater shall be elevated by being placed upon a stand or otherwise placed or suspended above the floor.
(3) No unvented kerosene heater shall be placed within three feet of any furniture, drapery, curtain, decorative material, accessory, appliance, fixture, upholstered furniture or any other thing, which is or may be combustible.
(4) No unvented kerosene heater shall be left unattended while it is operating.
(5) Every kerosene heater shall be used in an area where there is adequate ventilation, as recommended by the manufacturer.
(6) No unvented kerosene heater shall be fueled or refueled while in operation or within ten minutes of extinguishing the flame, or contrary to the manufacturer's instructions.
(7) No unvented kerosene heater or its fuel reservoir shall be fueled or refueled inside a building. All such fueling operations shall be performed outdoors.
(8) Every unvented kerosene heater shall be fueled or refueled strictly in accordance with the instructions of its manufacturer.
(9) The fuel used in every unvented kerosene heater shall be only No. 1-K kerosene.
(10) The fuel used in every unvented kerosene heater shall be stored away from occupied areas and in an approved container which shall be marked or labeled in a conspicuous manner to read "No. 1-K Kerosene".
(11) At least one fire extinguisher with a minimum two-A, twenty- B:C rating and capacity shall be provided and available for use within twenty-five feet of every unvented kerosene heater during its operation.
(Ord. 26-95. Passed 9-25-95.)
(a) All persons shall meet the minimum standards set forth in this section to be in compliance with this Housing Code.
(b) No cellar space shall be used as a habitable room or dwelling unit. No room in any basement shall be occupied as a habitable room except as a workroom or recreation room, unless:
(1) The ceiling height is at least seven feet;
(2) The uppermost three feet of the required clear inner height is above the average outside ground level;
(3) The required minimum window area is located entirely above grade of the ground adjoining such window area, except when window wells are properly constructed around the window to allow light and ventilation; and
(4) There is a safe and unobstructed means of egress from the area.
(c) Required space in each dwelling unit shall include at least one habitable room with a minimum floor area of 120 square feet, except that every room used for both living and cooking or both living and sleeping shall increase the minimum floor area to 150 square feet. Other habitable space (except the kitchen) shall have a minimum horizontal width of seven feet and a minimum floor area of seventy square feet.
(d) In every dwelling unit of two or more habitable rooms, every room occupied for sleeping purposes by one occupant shall contain seventy square feet of habitable room area, and where occupied by more than one occupant shall provide at least fifty square feet per occupant.
(e) Habitable space shall not include bathroom or water closet compartments, laundry rooms, kitchenettes, pantries, cellars, closets, storage areas or laundry areas.
(Ord. 26-95. Passed 9-25-95.)
All structures, dwellings, accessory buildings and premises shall conform to the following to be in compliance with this Housing Code:
(a) Every foundation, floor, wall, ceiling and roof shall be reasonably weather tight and rodent proof, shall be capable of affording privacy and shall be kept in good repair.
(b) Roof drainage from structures, and surface water from the premises, shall be connected to or directed in an approved manner to the public storm sewer. If such sewer is not readily available, drainage shall be suitably controlled and directed to an acceptable alternative means of disposal as approved by the person in charge of storm and sanitary sewers for the City. The disposal of storm water drainage shall prevent excessive erosion, water accumulation or damage and shall not create a nuisance condition on said premises or on other public or private property.
(c) Every window, exterior door, basement or roof hatchway shall be substantially tight and shall be kept in sound condition and repair. All window sashes shall be weathertight and suitably glazed with glass or an approved substitute, and, where not fixed or where required for ventilation, shall be easily opened.
(d) Stairs, porches, railings and appurtenances attached thereto shall be constructed to support any load that normal use may impose and as required by the Building Code, and shall be kept in sound condition and good repair. Porches above grade with open space or crawl space below the floor level shall have screen or lattice work enclosing the space to prevent accumulation of rubbish or harboring of animals or birds.
(e) Exterior parts of dwelling structures or accessory buildings shall be maintained in good repair. All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, chimneys, railings, trim and their missing members must be replaced and put in good condition. Where exterior surfaces are left unfinished, they must be designed and constructed of materials intended to be left unfinished. All other exterior surfaces must be sealed and painted or the surface covered with protective coatings or treated to prevent rot and decay.
(f) Exterior surfaces of dwellings or accessory buildings which show deterioration or decay, or which show the weather surface to be impaired by peeling, flaking or erosion of the surface or coating, shall be repaired repainted or resurfaced with a protective coating or surface designed or formulated to maintain the exterior surface in sound condition.
(g) Presentation of proof that the exterior surfaces have been properly prepared and painted with at least one coat of paint or covered with another protective coating or surface, not more than five years prior to the date of inspection, shall be considered as prima-facie evidence that the exterior surface is in good condition.
(h) Sidewalks, patios, decks, porches, etc., shall be kept in sound condition and good repair.
(Ord. 26-95. Passed 9-25-95.)
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