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(A) Every occupant of a dwelling unit or an apartment shall:
(1) Keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof in which he or she occupies and controls;
(2) Dispose of all his or her rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities;
(3) Keep all supplied 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 of same; and
(4) Not willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
(Prior Code, § 17-11)
(B) An owner remains liable for violations of this subchapter even though:
(1) An obligation is also imposed on the occupants; and
(2) The owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.
(C) An owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
(Prior Code, § 17-12)
(D) For the purpose of making inspections, the Housing Inspector is authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, rooming houses and premises. The owner or occupant of every dwelling, or rooming unit, or person responsible shall give the Inspector free access to the dwelling, or rooming unit, and its premises at reasonable times for the aforementioned purposes. Every occupant of a dwelling shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling, and its premises, at reasonable times for the purpose of making the repairs or alterations as necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Prior Code, § 17-15)
ENFORCEMENT PROCEDURE
Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant in courts of law or equity shall not be controlling in hearings before the Inspector.
(Prior Code, § 17-16.1)
Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. If the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this chapter in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(Prior Code, § 17-17)
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