(A) A person is guilty of failure to maintain a required sanitary facility when, being a lessee, mortgagee, sublette, possessor and/or owner, or high managerial agent, of real estate that is defined in this chapter as a dwelling unit or home, he or she:
(1) Fails to have within the dwelling unit or home, the following:
(a) A working kitchen sink; and
(b) A room that is set apart from other parts of the dwelling unit or home, which contains a toilet, sink and washing tub or shower; or
(2) Fails to have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water;
(3) Fails to maintain the sanitary facility or any part thereof in proper working order or condition within a reasonable time of learning that the sanitary facility or any part thereof is not in proper working order or condition; or
(4) Fails to correct a defect, leak or obstruction in, within or about a plumbing fixture within a reasonable time of learning of said defect, leak or obstruction; or
(5) Fails to install the sanitary facility or plumbing fixtures in such manner that the facility or fixture(s) are free of defects, leaks or obstructions; or
(6) Fails to maintain the sanitary facility in a sanitary condition; or
(7) Fails to have the sanitary facility or facilities properly connected to an approved water and sewer or septic system.
(B) There shall be a per se presumption of guilt regarding “reasonable time” in (A)(3) and (4) of this section if there is discovered within the structure or upon the premises of any dwelling unit, home, commercial or industrial property or structure any of the following:
(1) Excrement or feces present upon or within a toilet that will not work or flush; or
(2) Excrement or feces present upon or within a bathtub or bathtubs, shower or showers, bucket or buckets or other container or containers on the premises; or
(3) Excrement or feces present upon or lying around the building or structure; or
(4) Excrement or feces present upon or lying upon or attached to floors or furniture; or
(5) Water present upon or attached to ceilings or floors; or
(6) Water present upon or pooling under foundations.
(C) A person is also guilty of failure to maintain a required sanitary facility when, being a lessee, sublette, possessor and/or owner, or high managerial agent, of real estate that is defined in this chapter as a commercial and/or industrial property, he or she:
(1) Fails to have at least one sink and/or lavatory in good condition and properly connected to an approved water and sewer system; or
(2) Fails to have water supplied through an approved distribution system connected to a potable water supply.
(Ord. 2009-005, passed 7-13-09) Penalty, see § 151.999