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§ 150.01 DEFINITIONS.
   (A)   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BASEMENT. The portion of a building located partly underground and below street grade.
      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 hereinafter defined 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; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by 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 space.
      HEALTH OFFICER. The legally designated Health Officer of the city, or his authorized representative.
      INFESTATION. The presence, within or around a dwelling, of 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 15 degrees Fahrenheit above the lowest recorded temperature for the previous ten year period.
      OWNER. Any person who alone or jointly or severally with others:
         (a)   Shall have legal title to any dwelling or dwelling units, with or without accompanying actual possession thereof; or
         (b)   Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as 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 were the owner.
      PLUMBING. Shall mean and include 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 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 shall include 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)   Whenever the words DWELLING , DWELLING UNIT , ROOMING HOUSE , ROOMING UNIT , PREMISES , are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
§ 150.02 INSPECTION OF DWELLINGS, DWELLING UNITS, ROOMING UNITS AND PREMISES.
   The Building Inspector and/or Health Officer is hereby authorized and directed to make inspection 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 safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Building Inspector and/or Health Officer is hereby 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 Building Inspector and/or Health Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his or her agent or employee access to any part of such dwelling, or dwelling unit, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
§ 150.03 ENFORCEMENT.
   (A)   Service of notices and orders. Whenever the Building Inspector and/or Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions 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 or persons responsible therefore, as hereinafter provided. Such notice shall:
      (1)   Be put in writing.
      (2)   Include a statement of the reasons why it is being issued.
      (3)   Allow a responsible time for the performance of any act it requires.
      (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 served upon him or her personally; 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. Such notice may:
      (5)   Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
   (B)   Hearings. 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, any request and shall be granted a hearing on the matter before the Council. After such hearing, the Council shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to division (A), shall automatically become an order if a written petition for a hearing is not filed in the office of the City Administrator within ten days after such notice is served. 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 such notice has been sustained by the Council, the permit shall be deemed to have been revoked. 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 office of the City Administrator within ten days after such notice is served.
   (C)   Emergencies. Whenever the Building Inspector and/or Health Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice of 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 Council, shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Council shall continue such order in effect, or modify it, or revoke it.
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