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§ 152.01  DEFINITIONS AND CONSTRUCTION.
   (A)   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 half 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 half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
      DWELLING. Any building which is wholly or partly used, or intended to be used, for living or sleeping by human occupants; provided, that temporary housing, as defined in this section, shall not be regarded as a DWELLING.
      DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
      EXTERMINATION. The control and elimination of insects, rodents, or other pests by: eliminating their harborage places; removing or making inaccessible materials that may serve as their food; poisoning, spraying, fumigating, or trapping; or any other recognized and legal pest elimination methods approved by the Health Officer.
      GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
      HABITABLE ROOM. A room or 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 legally designated health authority of the city or his or her authorized representative, such an authorized representative to be referred to for purposes of this chapter as the “Housing Inspector”.
      HOUSING INSPECTOR. The authorized representative of the Health Officer of the city, and the two titles are used interchangeably in this chapter.
      INFESTATION. The presence, within or around a dwelling, of any insects, rodents, or other pests.
      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 of 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; or has charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual OWNER shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the OWNER.
      PLUMBING. All of the following supplied facilities and equipment: 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.
      ROOMING HOUSE. Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three 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; and the term includes 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, 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, trailer, 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 consecutive days.
   (B)   Meaning of certain words. Whenever the words “dwelling”, “rooming house”, “rooming unit”, and “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof”.
(2011 Code, § 15.08.010)  (Ord. 67, passed - -1974)
§ 152.02  INSPECTION OF DWELLINGS, DWELLING UNITS, ROOMING UNITS, AND PREMISES.
   (A)   The Health Officer or other officer designated by the City Council is authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, and premises located within the city in order that he or she may perform his or her duty of safeguarding the health and the safety of the occupants of dwellings and of the general public.
   (B)   For the purpose of making such inspections, the Health Officer is authorized to enter, examine, and survey, at all reasonable times, all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the Health Officer access to such dwelling, dwelling unit, or rooming unit and its premises at all reasonable times for the purpose of determining what alterations or repairs may be necessary to affect compliance with the provisions of this chapter or with any lawful rules or regulations adopted or any lawful order issued pursuant to the provisions of this chapter.
(2011 Code, § 15.08.020)  (Ord. 67, passed - -1974)  Penalty, see § 152.99
§ 152.03  NOTICE OF VIOLATIONS.
   (A)   Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person responsible therefor, as provided in divisions (B) and (C) below.
   (B)   Such notice shall:
      (1)   Be put in writing;
      (2)   Include a statement of the reasons why it is being issued;
      (3)   Allow a reasonable time for the performance of any act it requires; and
      (4)   Be served upon the owner or his or her agent, or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is sent by registered mail to his or her last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of this state.
   (C)   Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and regulations adopted pursuant thereto.
(2011 Code, § 15.08.030)  (Ord. 67, passed - -1974)
§ 152.04  REQUEST FOR HEARING.
   (A)   Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request, and shall be granted, a hearing on the matter before the Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within ten days after the day the notice was served. Upon receipt of such petition, the Health Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
   (B)   The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the Health Officer may postpone the date of the hearing for a reasonable time beyond a ten-day period if, in his or her judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(2011 Code, § 15.08.040)  (Ord. 67, passed - -1974)
§ 152.05  FINDINGS AND DETERMINATION.
   (A)   After such hearing the Health Officer shall sustain, modify, or withdraw the notice, depending upon his or her finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order.
   (B)   (1)   Any notice served pursuant to § 152.04 shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within ten days after such notice is served.
      (2)   After a hearing in the case of any notice suspending any permit required by this chapter, or by any rule or regulation adopted pursuant thereto, when notice has been sustained by the Health Officer, the permit shall be deemed to have been revoked.
      (3)   Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the city office within ten days after such notice is served.
(2011 Code, § 15.08.050)  (Ord. 67, passed - -1974)
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