CHAPTER 152: HOUSING
Section
General Provisions
   152.01   Definitions
   152.02   Responsibilities of owners and occupants
   152.03   Duties of trustees and agents
   152.04   Entry powers for inspection purposes
   152.05   Notice of violations; contents and service
   152.06   Hearing before Review Board
   152.07   Record of hearing
   152.08   Enforcement order; revocation of permits
   152.09   Appeal from decision of Board of Health
   152.10   Compliance with orders required
   152.11   Emergency action by Review Board
   152.12   Emergency suspension
Maintenance Requirements
   152.15   Compliance
   152.16   Safe and effective construction or installation
   152.17   Fitness for occupancy
   152.18   Discontinuance of facilities
   152.19   Health or safety hazards
   152.20   Rat harborage
   152.21   Foundation and frame
   152.22   Exterior openings
   152.23   Stairs and porches
   152.24   Bathroom floors
   152.25   Gutters and downspouts
   152.26   Plumbing fixtures
Minimum Space, Use, and Location Requirements
   152.30   Compliance
   152.31   Use of basement as dwelling unit
   152.32   Living space
   152.33   Sleeping space
   152.34   Access of sleeping rooms to bathrooms
   152.35   Method of computing floor area
   152.36   Ceiling height
Minimum Basic Equipment and Facilities
   152.40   Compliance
   152.41   Kitchen sink
   152.42   Toilet and bath facilities
   152.43   Shared toilet facilities
   152.44   Rubbish storage facilities
   152.45   Private sewage disposal systems
   152.46   Garbage disposal
   152.47   Exits
   152.48   Water supply
   152.49   Water heaters
   152.50   Hot and cold waterlines
Minimum Standards for Light, Ventilation, and Heating
   152.55   Compliance
   152.56   Windows
   152.57   Ventilation
   152.58   Bathroom lighting and ventilation
   152.59   Minimum heat
   152.60   Heating facilities
   152.61   Lighting halls and stairways
   152.62   Screens
   152.63   Rodent protection
   152.64   Electrical outlets
Rooming Houses and Hotels
   152.70   Compliance
   152.71   Application to hotels
   152.72   Plumbing facilities
   152.73   Bed linen and towels
   152.74   Sleeping area
   152.75   Sanitary condition and maintenance
   152.76   Violations
Unfit Dwellings
   152.80   Definition
   152.81   Condemnation and placarding
   152.82   Vacating condemned building
   152.83   Reuse of condemned structure
   152.84   Removal of placard
   152.85   Hearing before Review Board
 
   152.99   Penalty
Cross-reference:
   Buildings, see Ch. 150
   Fire prevention, see Ch. 94
   Garbage and trash, see §§ 95.05 through 95.09
   Mobile homes, see § 150.35
   Rental housing, see Ch. 159
   Sewers and sewage disposal, see Ch. 50
   Subdivisions, see Ch. 155
   Water, see Ch. 51
Statutory reference:
   Power of city to regulate the condition and maintenance of structures, see IC 36-7-2-2 through 36-7-2-5
GENERAL PROVISIONS
§ 152.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "BASEMENT." A portion of a building located partly underground, but having less than two-thirds of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   "CELLAR." A portion of a building located partly or wholly underground, and having two-thirds of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   "DWELLING." A building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing shall not be regarded as a dwelling.
   "DWELLING UNITS." Any room or group of rooms located within a dwelling forming a single habitable unit when those units possess facilities which are used, or intended to be used, for living, sleeping, cooking, and eating, or any mobile home.
   "ENFORCEMENT OFFICER." The Health Officer or the Building Inspector or their duly authorized agents.
   "EXTERMINATION." The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the enforcement officer.
   "GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
   "HABITABLE ROOM." A room of enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.
   "HEALTH OFFICER." The person employed by the County Board of Health as its chief administrative officer.
   "INFESTATION." The presence, within or around a dwelling, of any insects, rodents, or other pests.
   "MOBILE HOME." Any vehicle which is construed to permit its being used as a conveyance on the public streets and highways, and which is designed and constructed to permit its occupancy as a dwelling or sleeping place for one or more persons and which has no foundation other than wheels, jacks, skirting, or other temporary support.
   "MULTIPLE DWELLING." Any dwelling containing more than two dwelling units.
   "OCCUPANT." Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
   "OPERATOR." Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
   "ORDINARY MINIMUM WINTER CONDITIONS." The temperature 15°F. above the lowest recorded temperature for the previous ten year period.
   "OWNER." Any person who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, provided, that when- ever the dwelling or dwelling unit is subject to conditional sale contract, lease with option to purchase, or any other form of written contract under the terms of which any person is entitled to a conveyance of legal title on payment of a specified sum, the term owner shall mean the person who has such contractual right, rather than the person holding legal title, or has charge, care or control of any dwelling or dwelling unit as executor, executrix, trustees, receiver, or guardian of the owner.
   "PLUMBING." All gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
   "REVIEW BOARD." The County Board of Health when the decision under review involves the Health Officer acting in the capacity of Enforcement Officer or the Board of Public Works and Safety when the decision under review involves the Building Inspector acting in the capacity of the Enforcement Officer.
   "ROOMING HOUSE." Any dwelling or that part of any dwelling con- taining one or more rooming units, in which space is let by the owners or operator to five or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
   "ROOMING UNIT." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
   "RUBBISH." Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves, tin cans, metals, mineral matter, glass, crockery, and dust.
   "SUPPLIED." Paid for, furnished or provided by or under the control of the owner or operator.
   "TEMPORARY HOUSING." Any tent, mobile home, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 days.
('75 Code, § 13-1) (Ord. 3918, passed 10-9-67)
§ 152.02 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
   (A)   Every owner of a dwelling containing more than four dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.
   (B)   Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
   (C)   Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in a rubbish container.
   (D)   Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or in garbage storage containers. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling con- taining more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
   (E)   Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens whenever the same are required under this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.
   (F)   Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provision whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
   (G)   Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
('75 Code, § 13-2) Penalty, see § 152.99
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