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(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."
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.
(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.
No person shall occupy as owner/occupant or let to another for occupancy and dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:
(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 Building Inspector and/or Health Officer.
(B) Every dwelling unit shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Building Inspector and/or Health Officer.
(C) Every dwelling unit shall contain, within a room which affords privacy to a person within the room a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Building Inspector and/or Health Officer.
(D) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of divisions (A), (B) and (C) above, 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 Building Inspector and/or 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 Building Inspector and/or Health Officer.
(G) Water heating facilities.
(1) Every dwelling unit 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 degrees Fahrenheit.
(2) Such supplied water-heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under the provisions of § 150.05(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 laws of this state and the city.
(I) Any rented dwelling unit above ground level shall have access to more than one exit or egress to and from the unit. This regulation shall not apply to any rental unit being rented as a unit prior to.
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 following requirements:
(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 the room. Whenever walls or other portions of structures face a window of any such room and the light-obstruction 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 deemed to face directly to the outdoors and 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 10% 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 Building Inspector and/or Health Officer.
(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in division (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 operation when occupied and approved by the Building Inspector and/or Health Officer.
(D) Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet; 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. 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 a least 65 degrees Fahrenheit, at a distance of three feet above floor level, under ordinary minimum winter conditions.
(F) Every public hall stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. 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.
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