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(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.)
All structures, dwellings and accessory use buildings shall be maintained to meet the following conditions to be in compliance with this Housing Code.
(a) Cellars, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure and which may adversely affect the health, safety or welfare of the occupant, the legal user or the public in general.
(b) Structural supporting members shall be maintained structurally sound with no evidence of deterioration which would adversely affect the ability of such supporting members to carry their imposed loads.
(c) Interior stairs and railings shall be maintained in sound condition and good repair. Broken, warped, loose or excessively worn treads and risers shall be replaced without delay so as to maintain structural integrity. Railings shall be located in accordance with the provisions of the Building Code, securely fastened, properly maintained and capable of bearing normally imposed loads as required by the Building Code.
(d) Floors, walls and ceilings shall be free of holes, large cracks, loose or deteriorated materials or any other condition which constitutes a hazard to the occupants or a harborage for insects or vermin, which admits water, weather or dampness to the interior or which may reduce the privacy of the occupant.
(e) Bathroom and toilet room floors shall be substantially impervious to water to permit easy cleaning and maintenance of sanitary conditions.
(f) Doors, windows and openings shall be maintained in good working condition. Doors to habitable rooms, to bathrooms and to toilet rooms shall fit the opening in which they are hung and shall be properly equipped with hardware in good working condition.
(g) The interior of every structure shall be maintained in a clean and sanitary condition and shall be free of accumulations of rubbish, garbage or other refuse.
(Ord. 26-95. Passed 9-25-95.)
Any dwelling built or constructed after the effective date of this section shall comply with the following minimal standards:
(a) The width of the main body shall be at least 24 feet as measured across the narrowest portion.
(b) The depth of the main body shall be at least 30 feet as measured across the narrowest portion.
(c) The roof pitch shall be at least 1:3. The roof overhang shall be at least one foot.
(d) Foundation construction and materials shall be similar to the foundations of dwellings in the immediate vicinity. The dwelling shall be anchored to the ground in accordance with the manufacturer's specifications, and the footers shall be installed below the frost line.
(e) Dwellings without basements shall have the first floor 16 inches or less above the residential front elevation ground level. On split level dwellings the entry shall be considered the first floor. Dwellings with basements shall also have adequate crawl space to ensure access to utilities.
(f) If the dwelling is built off-site, all wheels, axles and hitch mechanisms shall be removed.
(g) If the dwelling is built off-site, the building permit application shall include the name of the manufacturer, model number, serial number and HUD compliance label number (which states that the unit conforms to all applicable Federal construction and safety standards as required by 42 U.S.C.A. § 5415).
(Ord. 12-03. Passed 4-28-03; Ord. 32-03. Passed 9-22-03.)
(a) The enforcing officer is hereby authorized to order and direct owners, agents and/or tenants to remove an accumulation of weeds, vegetation, lumber, junk, dead organic material, debris, garbage, offal, rat harborage, stagnant water, combustible materials, abandoned or inoperable motor vehicles or conditions which constitute fire, health or safety hazards.
(b) In the event that the owner, agent, landlord or tenant fails to comply with such order, the enforcing officer may order the removal of any such accumulation and shall certify the cost and expense of removal to the County Auditor and such cost and expense shall become a tax lien upon the real estate.
(Ord. 26-95. Passed 9-25-95.)
(a) If any provision of this Housing Code is found to be in conflict with any provision of the Zoning, Building or Fire Prevention Code of the City, or any safety or health code or ordinance of the City, the more restrictive provision shall prevail.
(b) If any provision of the codes set forth in subsection (a) hereof, or of any ordinance of the City, is found to be less stringent in the protection of the health, safety and welfare of the public, this Housing Code shall prevail.
(c) If any portion of this Housing Code is declared invalid it shall not affect the remaining portions, which shall remain in full force and effect.
(Ord. 26-95. Passed 9-25-95.)
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