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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
(A) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining a clean and sanitary condition in the shared or public areas 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 or she occupies and controls.
(C) Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 152.09.
(D) Every occupant of a dwelling or dwelling unit shall dispose of all his or her 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 garbage storage containers required by § 152.09(F). It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing 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 or screen doors and double or storm doors and windows, except where the owner has agreed to supply such service to his or her tenants.
(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; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this division (F), whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof 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 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.
(H) Every owner shall maintain every dwelling and all the parts thereof including, but not limited to, plumbing, heating, ventilating, and electrical wiring in good repair. The roof shall be so maintained as not to leak and the rainwater shall be drained and conveyed therefrom through proper drainage.
(2011 Code, § 15.08.130) (Ord. 67, passed - -1974) Penalty, see § 152.99
(A) No person shall operate a rooming house unless he or she holds a valid rooming house permit issued by the Health Officer in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Health Officer for such permit, which shall be issued by the Health Officer upon compliance by the operator with the applicable provisions of this chapter and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit is transferable. Every person holding such a permit shall give notice in writing to the Health Officer within 24 hours after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as provided in this section.
(C) Whenever upon inspection of any rooming house the Health Officer finds that conditions or practices exist which are in violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, the Health Officer shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Health Officer, the operator’s rooming house permit will be suspended. At the end of such period, the Health Officer shall re-inspect such rooming house and, if he or she finds such conditions or practices have not been corrected, he or she shall give notice in writing to the operator that the latter’s permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.
(D) Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Health Officer that his or her permit is to be suspended unless existing conditions or practices at his or her rooming house are corrected, may request and shall be granted a hearing on the matter before the Health Officer under the procedure provided by §§ 152.03 through 152.07, inclusive, of this chapter; provided, that if no petition for such hearing is filed within ten days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
(E) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Health Officer and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator’s family wherever they share the use of the said facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Health Officer.
(F) The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
(G) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof.
(H) Every rooming 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.
(I) The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he or she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.
(J) Every provision of this chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.
(2011 Code, § 15.08.140) (Ord. 67, passed - -1974) Penalty, see § 152.99
(A) No owner, agent, or person in charge of a dwelling or dwelling unit shall allow any person to occupy the same as a tenant or lessee or for a valuable consideration unless said dwelling or dwelling unit has been inspected as of the first change in occupancy after the effective date of the ordinance codified herein and thereafter as of the first occupancy after a change in ownership of every or every 24 months, whichever occurs first and determined to be in compliance with all of the applicable provisions of §§ 152.01 through 152.14, 152.17, and 152.99, as amended from time to time, and the applicable provisions of Chapter 154 of this code, as amended from time to time (hereinafter referred to in this section as “minimum housing standards”) as evidenced by a certificate of compliance issued by the Housing Inspector as provided in this section.
(B) Upon request of the owner, agent, or other person authorized to rent a dwelling or dwelling unit (hereinafter referred to in this section as the “applicant”) and payment of the inspection fee, the Housing Inspector will be available at an appointed time within 48 hours agreed upon by himself or herself and the applicant, or later, if the applicant requests, to inspect such dwelling or dwelling unit. If such inspection establishes that the dwelling or dwelling unit complies with all of the minimum housing standards, he or she shall issue a certificate of compliance for said dwelling or dwelling unit, indicating the maximum number of occupants who may lawfully occupy it under the provisions in compliance with the minimum housing standards. One copy of the certificate shall be handed to or mailed to the applicant and a second copy for the information of the tenant or lessee shall be posted by the Housing Inspector on the inside of the main entrance door of the certified premises or in a conspicuous place nearby and shall not be removed by, or at the direction of, anyone other than the tenant.
(C) If said dwelling or dwelling unit does not comply with the minimum housing standards, the Housing Inspector shall furnish the applicant with a written list of the specific violations of this code which would have to be corrected before a certificate of compliance or a list of violations, as above provided.
(D) No applicant, tenant, or occupant shall permit the occupancy of any dwelling or dwelling unit by a greater number of persons than that specified in the certificate of compliance.
(E) Any applicant who is delayed in correcting violations necessary to entitle him or her to a certificate of compliance and who has a valid contract in writing with a qualified person for the performance of work and the furnishing of the materials to correct such violation, may petition the Health Officer in writing for a temporary waiver of compliance. No fees shall be required. The petition shall be on a form provided by the Housing Appeals Officer and shall contain the information therein requested and reasonably necessary to his or her decision, and shall include a written and signed statement by the person under contract to correct the violation, specifying the anticipated date of beginning and completion of the work. If, after the hearing, the Housing Appeals Officer finds that the delay in the correction of the violation is reasonable, taking into consideration the availability of qualified persons to do the work and the current work load, and the work can reasonably be undertaken and completed while the premises are occupied or that appropriate provision has been made for housing the tenant elsewhere during the necessary period when the dwelling or dwelling unit will not be habitable because of the work of correcting the code violation, the Health Officer shall issue a temporary waiver of compliance expiring on the date when the corrective work should be completed. Applicant shall, on or before said date, request a re-inspection and pay the re-inspection fee. The Housing Inspector shall re-inspect the dwelling or dwelling unit and issue the certificate of compliance or list any remaining violations, as above provided.
(F) Any applicant who deems himself or herself aggrieved by the decision of the Health Officer may, by written request to the Housing Appeal Board and without the payment of a fee, have the entire matter heard by it on his or her original petition. After hearing the applicant, his or her witnesses, his or her counsel (if any), the Health Officer or his or her designate and any witnesses he or she may produce, and his or her counsel (if any), the Housing Appeal Board shall, if it finds the existence of all the required prerequisites to the granting of a temporary waiver of compliance by the Health Officer, direct him or her to issue such a waiver.
(G) The fees for inspections under this section shall be determined by resolution of the City Council.
(H) The inspections provided for in this section shall not be mandatory until January 1, 1975.
(I) The Housing Inspector shall maintain a registry of rental property owners and premises.
(J) The owners of rental dwellings and dwelling units shall register their names and places of residence or usual places of business and the location of the premises regulated by this section with the Housing Inspector or his or her designate. The registrations provided for in this division (J) shall be made prior to January 1, 1975.
(K) If the premises are managed or operated by an agent, the agent’s name and place of business shall be placed with the name of the owner in the registry.
(2011 Code, § 15.08.150) (Ord. 67, passed - -1974) Penalty, see § 152.99
(A) (1) No single-family dwellings shall be sold to another who intends to occupy the same unless the seller shall transfer to the buyer a valid certificate of compliance issued by the Housing Inspector certifying that said dwelling complies with applicable provisions of this chapter, as amended from time to time, and the applicable provisions of Chapter 154 of this code, as amended from time to time. The certificate of compliance herein provided for shall have been obtained by the seller within six months prior to the date of sale. In the event the seller does not have a valid certificate of compliance, he or she shall so inform the buyer. The transfer of a valid certificate of compliance herein provided for may be waived by mutual agreement of the parties; provided, that such waiver is accompanied by a list of existing violations prepared and signed by the Housing Inspector and dated not more than six months prior to the date of sale. The notice of violations shall be attached to and made a part of the waiver of certificate of compliance herein provided for. Such a waiver shall be in writing and shall be in the following form:
WAIVER OF CERTIFICATE OF COMPLIANCE NOTICE: DO NOT SIGN IN BLANK. DO NOT SIGN WITHOUT READING (Name of seller) proposes to sell certain real estate located at (street address) and described more particularly as follows: (insert legal description) and (name of buyer) proposes to purchase the same. (Name of seller) is unable to transfer to (name of buyer) a valid certificate of compliance as required by Section XIX of the Linden Housing and Rental Ordinance (§ 152.16 of the Linden City Code). Therefore, it is understood that the seller’s liability to so transfer a valid certificate of compliance means that the property proposed to be sold is not in compliance with the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and contains defects which must be corrected, such defects being listed on the notice of violation attached hereto. It is further understood that the buyer in signing the waiver acknowledges the fact that the property to be purchased by him is in violation of the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and contains certain defects which must be corrected and that in the event a sale is consummated, the buyer will be required to correct said defects and will be subject to the fines and penalties provided in the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) for failure to do so unless a variance is obtained. It is also understood that the occupancy of the premises by the buyer without correction of the defects or obtaining the necessary variance is a violation of the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and subjects the buyer to the fines and penalties therein provided. It is finally understood and agreed that the parties do hereby waive the transfer of a valid certificate of compliance by the seller to the buyer as required by the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code). Dated this day of , 20____ , IN THE PRESENCE OF: (Name of Seller) (Name of Seller) (Name of Buyer) (Name of Buyer)
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(2) The form set forth in this division (A) shall be secured from the City Clerk’s office and a copy thereof, fully executed by all parties, shall be returned to said office for filing following consummation of the sale.
(B) Upon request of the owner, agent, or other person authorized to sell such a dwelling (hereinafter referred to in this section as the “applicant”) and payment of the inspection fee, the Housing Inspector will be available at an appointed time within 48 hours agreed upon by himself or herself and the applicant, or later, if the applicant requests, to inspect such dwelling. If such inspection establishes that the dwelling complies with all of the minimum housing standards, he or she shall issue a certificate of compliance for said dwelling.
(C) If said dwelling does not comply with said minimum housing standards, the Housing Inspector shall furnish the applicant with a written list of the specific violations of this code which would have to be corrected before a certificate of compliance may be issued or a list of violations, as above provided.
(D) Any applicant who is delayed in correcting violations necessary to entitle him or her to a certificate of compliance may petition the Health Officer in writing for temporary waiver of compliance. No fees shall be required. The petition shall be on a form provided by the Health Officer and shall contain the information therein requested and reasonably necessary to his or her decision, and shall include a written and signed statement by the person under contract to correct the violation, specifying the anticipated date of beginning and completion of the work. If, after the hearing, the Health Officer finds that the delay in the correction of the violation is reasonable, taking into consideration the availability of qualified persons to do the work and the current work load, and the work can reasonably be undertaken and completed while the premises are occupied or that appropriate provision has been made for housing the tenant elsewhere during the necessary period when the dwelling or dwelling unit will not be habitable because of the work of correcting the code violation, the Health Officer shall issue a temporary waiver of compliance expiring on the date when the corrective work should be completed. The applicant shall, on or before said date, request a re-inspection and pay the re-inspection fee. The Housing Inspector shall re-inspect the dwelling or dwelling unit and issue the certificate of compliance or list any remaining violations, as above provided.
(E) Any applicant who deems himself or herself aggrieved by the decision of the Health Officer on his or her appeal may, by written request to the Housing Appeal Board and without the payment of a fee, have the entire matter heard by it on his or her original petition. After hearing the applicant, his or her witnesses, his or her counsel (if any), the Health Officer or his or her designate and any witnesses he or she may produce, and his or her counsel (if any), the Housing Appeal Board shall, if it finds the existence of all the required prerequisites to the granting of a temporary waiver of compliance by the Health Officer, direct him or her to issue such a waiver.
(F) The fees for inspections under this section shall be determined by resolution of the City Council.
(G) The inspections provided for in this section shall not be mandatory until January 1, 1975.
(2011 Code, § 15.08.160) (Ord. 67, passed - -1974; Ord. 159, passed - -1990) Penalty, see § 152.99
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