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(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
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the requirements set out in divisions (A) through (E) below.
(A) Any dwelling or dwelling unit which has been found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Health Officer:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;
(2) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public; and/or
(3) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
(B) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Health Officer, shall be vacated within a reasonable time as ordered by the Health Officer. Any owner or operator may summarily evict tenants of any dwelling or dwelling unit deemed unfit for habitation.
(C) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Health Officer. The Health Officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(D) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (C) above.
(E) Any person affected by any notice or order relating to the condemnation and placarding of a dwelling or dwelling unit unfit for human habitation may request, and shall be granted, a hearing on the matter before the Health Officer, under the procedure set forth in §§ 152.03 through 152.07, inclusive, of this chapter.
(2011 Code, § 15.08.170) (Ord. 67, passed - -1974) Penalty, see § 152.99
(A) Every person who violates or assists in the violation of any provision of this chapter is guilty of a misdemeanor punishable, if the offense is not willful, by a fine of$100, and in default of payment thereof by imprisonment in the county jail for one day for each and every day that such violation has continued; and if the offense is willful, by imprisonment in the county jail for ten days for each and every day that such violation continues, and by a fine of not less than $100 and not more than $250 or by both such fine and imprisonment in the discretion of the court. The owner of any dwelling, or of any building or structure upon the same lot with a dwelling, or of the said lot where any violation of this chapter or a nuisance exists, who has been guilty of such violation or of creating or permitting the existence of such nuisance, and any person who violates or assists in violating any provision of this chapter shall also jointly and severally for each such violation and each such nuisance be subject to a civil penalty of $50 to be recovered for the use of the Health Department in civil action brought in the name of the city by the Health Officer or by such other appropriate public official as the Mayor may designate. Such persons shall also be liable for all costs, expenses, and disbursements paid or incurred by the Health Department, by any of the officers thereof or by an agent, employee, or contractor of the same, in the removal of any such nuisance or violation. Any person who, having been served with a notice or order to remove any such nuisance or violation, shall fail to comply with said notice or order within five days after such service or shall continue to violate any provision or requirement of this chapter in the respect named in said notice or order, shall also be subject to a civil penalty of $250. For the recovery of any such penalties, costs, expenses, or disbursements, an action may be brought in the circuit court for the county or any court of competent civil jurisdiction. In case the owner, lessee, or other person having control of such dwelling does not reside within the state or cannot, after diligent effort, be served with process therein, the same being duly made to appear to satisfaction of the court, an order may be entered by the court for the publication of notice to the owner not served in a newspaper of general circulation published in the county once each week for two successive weeks, requiring such owner to appear and defend such suit, if he or she desires, within one week after the last publication of such notice, and upon filing due proof of the publication of such notice, such action may proceed in or against the dwelling or structure upon the same lot with the dwelling, and the lot involved, and in person against any other person duly served in said proceeding, if there be such person. The existence of a nuisance in or upon such dwelling structure on the same lot with a dwelling or on such lot, which the owner thereof has created or permitted to exist, and any violation of this chapter as to such dwelling structure and lot of which the owner has been guilty shall in such proceeding subject such dwelling structure and lot respectively, to a penalty of $50 which shall be a lien thereon until paid, and any violation of an order made or a notice given by the Health Officer permitted or committed by the owner of a dwelling structure on the same lot with a dwelling on such lot, shall in such proceeding subject the dwelling structure and lot respectively to a penalty of $250, which penalty shall be a lien thereon until paid.
(B) Whenever any person has been found guilty, after the effective date of the ordinance codified in this chapter, in connection with any dwelling in which the person is not residing, and the person has failed to correct the violation within 90 days after having been found guilty, and after a final determination of guilt, the City Council may correct or cause to be corrected any violation upon which the person has been found guilty and the costs of such repairs shall be paid by such person within 90 days or such costs shall become a lien upon the real property; and in the case that the dwelling is one in which the person has not resided for a period of six months, and there has been no other occupancy for such period, the City Council shall have the option of repairing the property or removing such property, and the costs of such removal or repair shall be paid by such person within 30 days or such costs shall become a lien upon the real property. Notwithstanding any other provision in this chapter, the term
DWELLING, for the purpose of this chapter is defined as residential real property. The liens shall be enforced in the manner prescribed in the charter or by the laws of this state providing for the enforcement of tax liens or by an ordinance passed by the City Council.
(C) Except as otherwise specified in this section, the procedure for the prevention of violation of this chapter or for the vacation of premises unlawfully occupied or for other abatement of nuisance in connection with a dwelling, shall be in accordance with the existing practice and procedure. In case any dwelling, building, or structure is constructed, altered, converted, or maintained in violation of any provision of this chapter or of any order or notice of the Health Officer or such other appropriate public official as the Mayor may designate, or in the case a nuisance exists in any such dwelling, building, or structure or upon the lot on which it is situated, the Health Officer or such other appropriate public official as the Mayor may designate, may institute any appropriate action or proceeding to prevent such lawful construction, alteration, conversion, or maintenance, to restrain, correct, or abate such violation or nuisance, to prevent the occupation of said dwelling, building, or structure, or to prevent any illegal act, conduct, or proceeding the Health Officer may by a petition of complaint, duly verified, setting forth the facts, apply to the circuit court for the county, or to any judge thereof, for an order granting the relief for which the action on proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure, or lot, or from occupying or using the same for any purpose until the entry of final judgment or order. In case any notice or order issued by said Health Officer or such other appropriate public official as the Mayor may designate, is not complied with, the Health Officer may apply to the circuit court or to any judge thereof for an order authorizing him or her to execute and carry out the provisions of said notice or order, or to abate any nuisance in or about such dwelling, building, or structure or the lot upon which it is situated. In no case shall the Health Department, Health Officer, or such other appropriate public official as the Mayor may designate, or any officer or employee thereof of the city, be liable for the costs in any action or proceeding that may be commenced in pursuance of this chapter. The actions, proceeding, and authority of the Health Officer shall at all times be treated as prima facie just and legal.
(D) If the occupant of a dwelling fails to comply with the provisions of this chapter after due and proper notice from the Health Officer, such failure to comply shall be deemed sufficient cause for the summary eviction of such tenant by the owner and the cancellation of his or her lease.
(E) Every fine or penalty imposed by judgment upon the owner of a dwelling or of a structure on the same lot with a dwelling, or of a lot, shall be a lien upon the real property in relation to which the penalty is imposed from the time of the recording of a certified copy of the judgment in the office of the Registrar of Deeds of the county in which said dwelling is situated, subject only to taxes, assessments, and water rates and to such mortgage and mechanics’ liens as may exist thereon prior to such recording. The Health Officer or such other appropriate public official as the Mayor may designate, upon the entry of the judgment, shall record a copy, and such copy upon recording shall be indexed by the Registrar of Deeds in the index of mechanics’ liens.
(F) If any civil action or proceeding instituted by the Health Officer and plaintiff or petitioner may record in the office of the Registrar of Deeds of the county where the property is affected by such action or proceeding is situated a notice of the pendency of such action or proceeding. The notice may be recorded at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by the Health Officer or by such other appropriate public official as the Mayor may designate. Such notice shall have the same force and effect as the notice of pendency of action affecting real estate. Each Registrar of Deeds with whom such notice is recorded shall index it to the name of each person specified in a direction subscribed by the City Attorney. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending, or upon the consent in writing of the City Attorney. The Registrar of Deeds of the county where such notice is recorded, upon the presentation and recording of such consent or of a certified copy of such order, shall proceed in the same manner as is provided by law for processing a real estate mortgage discharge.
(2011 Code, § 15.08.180) (Ord. 67, passed - -1974)