The provisions of this section shall govern the responsibilities of persons for the maintenance of rental structures, and the equipment and premises thereof.
(A) Cleanliness. Every occupant of a rental structure or part thereof shall keep that part of the structure or premises the individual occupies, controls, or uses, in a clean and sanitary condition. Every owner of a structure containing two or more rental units shall maintain in a clean and sanitary condition the shared or public areas of the structure and premises thereof.
(B) Disposal of garbage, refuse and rubbish. Every occupant of a structure or part thereof shall dispose of all garbage, refuse and rubbish in a clean and sanitary manner in accordance with the applicable provisions of the Code of Ordinances.
(C) Garbage, refuse and rubbish storage facilities. Every owner of a rental building shall supply refuse containers sufficient to meet the reasonable needs of the occupants, unless containers are supplied by the city. If city refuse collection is not available, the owner shall be responsible for the removal of the garbage refuse and rubbish.
(D) Supplied fixtures and equipment. The owner or occupant of a structure or part thereof shall keep the supplied equipment and fixtures clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. Containers shall not be visible from a public street, except between the hours of 6:00 a.m. and 6:00 p.m. on normal weekly garbage pickup dates.
Exception: The occupant shall be responsible for keeping the supplied equipment and fixtures clean and sanitary provided that the owner furnishes the Rental Housing Officer with documentation that the equipment and fixtures were clean and sanitary prior to the occupant taking possession of dwelling.
(E) Extermination.
(1) General. All rental structures and premises shall be kept free from insect and rodent infestation. Where insects or rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.
(2) Owner. The owner of any rental structure shall be responsible for extermination within the structure.
(3) Single-family dwelling.
(a) The occupant shall be responsible for extermination of insects, rodents, vermin or other pests in the structure and on the premises where:
1. The first observable signs of infestation appear more than 30 days after the occupant takes possession of the premises;
2. The first observable signs of infestation appear within 30 days after the occupant takes possession of the premises, and the occupant fails to notify the owner of infestation within the 30-day period; or
3. The owner, after being notified pursuant to subsection (3)(a)1. above, has undertaken extermination which eliminated infestation within 45 days after the extermination began; or
4. Whenever the Rental Housing Officer determines that infestation was caused by the occupant's violation of housekeeping provisions of the Rental Housing Code, regardless of when the infestation occurs or is reported to the owner.
(b) The owner shall be responsible for extermination where:
1. The occupant notifies the owner of the infestation within 30 days of the occupant's occupancy; or
2. After the owner has been notified pursuant to subsection (b)1. above, infestation still exists 45 days after extermination was commenced; except that if the owner presents the Rental Housing Officer with proof that a satisfactory effort was made to control the infestation, then the occupant shall be responsible for further extermination if continued infestation is attributable to the occupant.
(4) Multiple occupancy. Every owner, agent or operator of a structure containing two or more rental units shall be responsible for the extermination of insects, rodents or other pests in the shared or public areas of the structure and premises. The owner shall be responsible for extermination within each rental unit, except that where an occupant's poor housekeeping has caused infestation; the occupant shall be responsible for extermination within the occupant's rental unit.
(5) Continued rodent infestation. Continuing or repeated incidents of rodent infestation shall require the installation of rat and vermin resistant walls. The rat and vermin resistant walls shall be installed in accordance with building codes.
(Ord. 6424, passed 6-12-06) Penalty, see § 160.99