Loading...
The proceedings at such hearing, including the findings and decision of the Health Officer, shall be summarized, reduced to writing, and entered as a matter of public record in the city office. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Health Officer may, by written request to the Housing Appeal Board and without payment of a fee, have the entire matter heard by it on his or her original petition. The Housing Appeal Board shall consist of three city residents who shall be appointed by the Mayor with the approval of the City Council who shall serve for staggered, three-year terms, respectively. Any person aggrieved by the decision of the Housing Appeal Board may seek relief therefrom in any court of competent jurisdiction, as provided by state law.
(2011 Code, § 15.08.060) (Ord. 67, passed - -1974)
Whenever the Health Officer finds that any emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Not withstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Health Officer shall be afforded a hearing as soon as possible. After such hearing, 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, the Health Officer shall continue such order in effect, or modify it, or revoke it.
(2011 Code, § 15.08.070) (Ord. 67, passed - -1974) Penalty, see § 152.99
The Health Officer is hereby authorized to make and, after a public hearing has been held in accordance with the laws governing the conduct of public hearings by the Health Officer of the city, to add such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter; provided, that such rules and regulations shall not be in conflict with the provisions of this chapter. The Health Officer shall file a certified copy of all rules and regulations which he or she may adopt with the City Clerk. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter.
(2011 Code, § 15.08.080) (Ord. 67, passed - -1974) Penalty, see § 152.99
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the requirements of divisions (A) through (H) below.
(A) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Health Officer.
(B) Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and lavatory basin in good working condition and properly connected to a water and sewer system approved by the Health Officer.
(C) Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Health Officer.
(D) Every kitchen sink, lavatory basin, and bathtub or shower required under this section shall be properly connected with both hot and cold water lines.
(E) Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and location of which are approved by the Health Officer.
(F) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type and location of which are approved by the Health Officer.
(G) Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of division (D) above and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120°F. Such supplied water heating facilities shall be capable of meeting the requirements of this division (G) when the dwelling or dwelling unit heating facilities required by the provisions of § 152.10(E) are not in operation.
(H) Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and the city.
(2011 Code, § 15.08.090) (Ord. 67, passed - -1974) Penalty, see § 152.99
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements set forth in divisions (A) through (G) below.
(A) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
(B) Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in division (A) above, except where there is supplied some other device affording adequate ventilation and approved by the Health Officer. An approved system of mechanical ventilation or air conditioning may be used in lieu of openable windows. Such system shall provide not less than four air exchanges per hour.
(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (A) and (B) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in proper working condition and approved by the Health Officer.
(D) (1) Every habitable room of each dwelling shall contain at least two separate floor- or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture.
(2) Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
(E) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 68°F at a distance three feet above floor level under ordinary minimum winter conditions.
(F) (1) Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times.
(2) Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(G) Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
(2011 Code, § 15.08.100) (Ord. 67, passed - -1974) Penalty, see § 152.99
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements set forth in divisions (A) through (I) below.
(A) Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair.
(1) The foundation elements shall adequately support the dwelling at all points.
(2) Every exterior wall, including the skirting around the base of the dwelling, shall be free from holes, breaks, and loose or rotting boards or timber.
(3) The roof shall be tight and have no defects which will admit water.
(B) Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair.
(C) Every stairway, inside or outside of the dwelling, and every porch, shall be kept in a safe condition and sound repair as follows:
(1) Every flight of stairs and every porch floor shall be free of holes, grooves, and cracks which are large enough to constitute possible accident hazards;
(2) No flight of stairs shall have more than one inch of settlement from its intended position or shall be separated from its supporting structures;
(3) No flight of stairs or porch shall have rotting, loose, or deteriorating supports;
(4) Every stair tread shall be strong enough to bear a live load of at least 100 pounds per square foot without danger of breaking; and
(5) (a) All stairways more than six risers high shall be equipped with handrails not less than 30 inches nor more than 34 inches high, measured vertically from the nose of the tread to the top of the rail.
(b) Stairways more than 44 inches wide shall be equipped with two handrails, one on each side.
(c) On exterior unenclosed stairways where only one handrail is required, it shall be placed on the outside edge of the stairway.
(D) Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
(E) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
(F) Every supplied facility, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.
(G) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this chapter to be removed from, or shut off from, or discontinued for any dwelling or dwelling unit occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Health Officer.
(H) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy, and unless it is in compliance with all the applicable provisions of this code.
(I) Every non-dwelling structure and fence shall be kept in a reasonably good state of maintenance and repair or shall be removed.
(2011 Code, § 15.08.110) (Ord. 67, passed - -1974) Penalty, see § 152.99
No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements set out in divisions (A) through (F) below.
(A) Except as otherwise provided in this section, every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
(B) Except as otherwise provided in this section, in every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 70 square feet of floor space for the first person, an additional 50 square feet of floor space for the second person, an additional 40 square feet of floor space for the third person, and an additional 30 square feet of floor space for the fourth person and each additional person.
(C) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
(D) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(E) No basement space or cellar space shall be used as a habitable room or dwelling unit unless:
(1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;
(2) The total of window area in each room is equal to at least the minimum window area sizes as required in § 152.10(A);
(3) The total openable window area in each room is equal to at least the minimum as required in § 152.10(B), except where there is supplied some other device affording adequate ventilation and approved by the Health Officer;
(4) The ceiling height throughout the unit is at least seven feet;
(5) It is separated from heating equipment, incinerators, or other equally hazardous equipment by a standard partition;
(6) Access can be gained to the unit without going through the furnace room; and
(7) Two independent means of egress are provided from every basement containing more than one dwelling unit. If rooming units are provided in a basement, two exits shall be provided if ten or more persons occupy such rooming units.
(F) The City Council finds that healthful and sanitary conditions in relation to space generally prevail in single-family, owner-occupied dwellings. Therefore, the provisions of divisions (A) through (C) above shall not apply to single-family, owner-occupied dwellings. For the purpose of this division (F), a
SINGLE-FAMILY, OWNER-OCCUPIED DWELLING means a dwelling containing no more than one dwelling unit in which the owner thereof resides, and a FAMILY means a group of persons related by blood or marriage within and including the degree of first cousins.
(2011 Code, § 15.08.120) (Ord. 67, passed - -1974) Penalty, see § 152.99
Loading...