1371.06 ENFORCEMENT.

   (a)    Whenever the Superintendent determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give written notice of such alleged violation to the person or persons responsible therefor, allowing a reasonable time for the correction of the alleged violation.

(Ord. 92-284. Passed 11-17-92.)

   (b)    Such notice is to:

      (1)    Be put in writing and may be prepared on a standard Bureau form or may be incorporated in the body of a letter sent to the responsible party.

      (2)    Include a description of the real estate sufficient for identification.

      (3)    Include a statement of the reason or reasons why it is being issued. This will include the number of the section or sections of this chapter found to be violated and a brief statement as to the nature of the violations.

      (4)    Allow a reasonable time for the performance of any act it requires.

      (5)    This notice shall be served by sending it by certified mail, return receipt requested or by personal service to the owner, and/or lessee, agent, tenant or occupant having charge of such building, structure or premises at his/her address. (Ord. 94-151. Passed 6-21-94.)

   (c)    Any person affected by any notice of an alleged violation may request and shall be granted a hearing before the Board, provided the request for hearing is made within the number of days specified in the notice.

   (d)    After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with.

   (e)    Whenever the Superintendent finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding 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 Board shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, or modify it or revoke it.

   (f)    Failure to correct the violation of which notice was given or pursuant to an order of the Board if a hearing was had, within the time allotted by the Superintendent or the Board, shall constitute a violation of this chapter, and such failure each day thereafter shall constitute a separate offense.

   (g)    When a notice has been given in accordance with subsection (a) hereof, such notice shall constitute adequate and effective notice for all enforcement purposes under this chapter with respect to a continuing violation or subsequent violations of the same Code provision(s), for a period of one year following the date of service of the initial notice.

(Ord. 92-284. Passed 11-17-92.)

1371.07 MINIMUM SANITATION STANDARDS.

   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 following requirements:

   (a)    Every dwelling unit shall contain a kitchen sink which is properly connected to a water and sewer system approved by the Superintendent.

      (1)    Every dwelling unit occupied by more than one person shall contain a kitchen sink having a usable area not less than fifteen inches by eighteen inches. The depth of the sink shall be adequate to allow immersion of a reasonable number of cooking and eating utensils.

      (2)    If a wash basin smaller than that described in subsection (a)(1) hereof is present within the dwelling unit, it can be used if the dwelling unit is occupied by one person.

      (3)    Every kitchen sink shall be supplied with water from either:

         A.    Municipal water supply; or

         B.    A private water supply located, constructed, operated and maintained in accordance with the provisions and standards of Chapter 945 of the Streets, Utilities and Public Services Code.

      (4)    Every kitchen sink shall be discharged into:

         A.    A public sewer; or

         B.    To an individual sewage disposal system installed in accordance with the standards and regulations of the Health Department.

   (b)    Every dwelling unit shall contain a room which affords privacy to a person within such room and which is equipped with a flush water closet, a lavatory and a bathtub or shower, connected to a water and sewer system approved by the Superintendent.

      (1)    Privacy shall be deemed to have been satisfied when every toilet and every bath is contained within a room or within separate rooms affording privacy to a person within such room or rooms. Walls of bath and toilet rooms shall be solid and shall extend from the floor to the ceiling, windows or other ventilation and light sources shall be so located or constructed as to insure the privacy of the occupant of the room.

      (2)   Every flush water closet, lavatory, bathtub or shower shall be supplied with water from either:

         A.    Municipal water supply; or

         B.    A private water supply located, constructed, operated and maintained in accordance with the standards of Chapter 945 of the Streets, Utilities and Public Services Code.

      (3)    Every flush water closet, lavatory, bathtub or shower shall be discharged into:

         A.    A public sewer; or

         B.    An individual sewage disposal system installed in accordance with the standards and regulations of the Health Department.

   (c)    Every kitchen sink, lavatory, bathtub or shower shall be properly connected with hot and cold water lines. The hot water lines shall be connected to a hot water heating facility of adequate size which provides at all times a temperature of not less than 120 degrees Fahrenheit.

   (d)    Every dwelling and dwelling unit shall be supplied with a potable water supply. There shall be adequate water supply and pressure at all installed hot and cold water outlets.

   (e)    All plumbing shall be properly installed and maintained in good working condition, free from defects, leaks and obstructions. Plumbing shall be installed in accordance with local plumbing regulations.

   (f)    Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and location of which are acceptable to the Superintendent and shall be disposed of in a manner acceptable to the Superintendent.

   (g)    Every dwelling unit shall have adequate garbage disposal facilities, type and location of which are acceptable to the Superintendent and shall be disposed of in a manner acceptable to the Superintendent.

      (Ord. 70-253. Passed 7-21-70.)

   (h)    Every dwelling unit shall have two safe unobstructed means of egress leading to a safe and open outdoor space at ground level. This requirement shall not apply to residential buildings when all of the following conditions exist:

      (1)   The structure does not exceed two stories in height;

      (2)   There are not more than four dwelling units per floor;

      (3)   The maximum exitway access travel distance does not exceed fifty feet;

      (4)   The minimum fire resistance rating of the exitway closure and opening protection of the building is one hour; and

      (5)   Every sleeping room has at least one operable window or exterior door approved for emergency egress or rescue. The units must be operable from the inside opening without the use of separate tools. Where windows are provided as a means of egress or rescue they shall have a sill height not more than forty-four inches above the floor. All egress or rescue windows from sleeping rooms must have a minimum net clear opening of five and seven-tenths square feet. The minimum net clear opening height dimension shall be twenty-four inches. The minimum net clear opening width dimension shall be twenty inches.

         (Ord. 82-096. Passed 4-20-82.)

   (i)   Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, for every habitable room, is to be ten percent (10%) of the floor area of such room. 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 is to equal at least fifteen percent (15%) of such room.

   (j)    Every habitable room shall have at least one window or skylight which can be easily 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 forty-five percent (45%) of the minimum window area size or minimum skylight type window size as required in subsection (i) hereof except where there is supplied some other device affording adequate ventilation and approved by the Superintendent.

   (k)    Every bathroom and water closet compartment shall be adequately lighted and ventilated in accordance with subsections (i) and (j) hereof or be adequately ventilated by an adequate mechanical ventilation system and adequate lighting shall be furnished. Every bathroom floor shall be constructed and maintained so as to be reasonably impervious to water.

      Every bathroom and toilet room shall have one window facing directly to the outdoors with a minimum total window area of at least ten percent ( 10%) of the floor area of the room, or a skylight-type window, the horizontal projection of which has an area of at least fifteen percent (15%) of the floor area of such room and at least forty-five percent (45%) of the minimum window area of which is openable for ventilation.

   (l)    Every dwelling unit 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 seventy degrees Fahrenheit under ordinary minimum winter conditions.

   (m)    In every dwelling unit, the openings to the outdoors resulting from doors or windows customarily open when flies, mosquitoes and other insects are prevalent, shall be properly screened.

   (n)    Exterior property areas and accessory structures shall be free from health, fire and accident hazards, and vermin, insect and rodent harborage and conditions which might create a nuisance.

   (o)    The interior of every structure used for human habitation shall be free from insect, rodent and vermin infestation.

   (p)    Every foundation, floor, ceiling, wall and roof shall be reasonably weather tight and rodent proof. Where excessive dampness exists, corrective measures shall be required to relieve this dampness.

   (q)    Every window, exterior door and basement hatchway shall be reasonably weather tight, watertight and rodent proof.

   (r)    Every inside and outside stair, every porch and every appurtenance thereto shall be constructed as to be safe to use.

   (s)    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 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. 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.

   (t)    Every supplied facility, piece of equipment, or utility which is required under this chapter shall be constructed, installed or operated so that it will function safely and effectively and shall be maintained in satisfactory working condition.

   (u)    No owner or operator 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 occupied dwelling let or occupied by him, 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 Superintendent.

   (v)    Every dwelling unit shall contain a minimum gross floor area of at least 150 square feet of space in habitable rooms for the first occupant and at least 100 square feet of space in habitable rooms for each additional occupant.

   (w)    Every habitable room shall have a minimum ceiling height of seven feet over fifty percent (50%) of the floor area, and the floor area where the ceiling height is less than five feet shall not be considered as part of the floor area in computing minimum gross floor area.

   (x)    In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each additional occupant thereof.

   (y)    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.

   (z)    No basement shall be used as a habitable room or dwelling unit unless:

      (1)    The floors and walls are impervious to leakage of underground and surface runoff water and are effectively insulated against dampness.

      (2)    Adequate light and ventilation are supplied.

   (aa)    No cellar space shall be used or considered as a habitable room or dwelling unit.

   (bb)    No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

   (cc)    Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

   (dd)    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 occupies and controls.

      (Ord. 70-253. Passed 7-21-70.)

1371.08 ROOMING HOUSES.

   No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the applicable provisions of every section of this chapter.

   (a)    No person shall operate a rooming house unless he holds a valid rooming house permit issued by the Bureau of Buildings, Inspections, Licenses and Permits in the name of the operator for the specific rooming house. This permit shall be displayed in a conspicuous place within the rooming house at all times. Every rooming house permit shall expire at the end of one year following its date of issuance.

   (b)    The operator shall apply to the Bureau for such permit, which shall be issued by the Bureau upon compliance by the operator with the applicable provisions of this chapter.

   (c)    A rooming house permit is not transferable. When a person who holds a rooming house permit transfers his interest in or control of a rooming house he shall notify the Bureau in writing within twenty-four hours. Such notice shall include the name and address of the person succeeding to the ownership or control of the rooming house.

   (d)    When the Bureau denies an application for a rooming house permit, he shall notify the applicant in writing. A notice of denial shall include the date of denial, the time within which a request for hearing may be made, and a brief statement of the facts upon which the denial was based.

   (e)    Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing before the Board of Housing Appeals under the procedure provided by Section 1371.06.

   (f)    Whenever upon inspection of any rooming house the Bureau finds that conditions or practices exist which are in violation of any provision of these regulations, the Bureau 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 Superintendent, the operator's rooming house permit will be suspended. At the end of such period the Superintendent shall inspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall give notice in writing that the latter's permit has been suspended.

   (g)    Any person whose permit to operate a rooming house has been suspended,    or who has received a written notice that his permit is to be suspended unless an existing violation is corrected, may request and shall be granted a hearing before the Board under the procedure provided by Section 1371.06. Provided that if no petition for such a hearing is filed within ten days after the date such permit was suspended, such permit shall be automatically revoked. Upon receipt of notice of revocation, such operator shall immediately cease operation of such rooming house and no person shall occupy for sleeping or living purposes any rooming unit therein.

   (h)    At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Superintendent and in good working condition, shall be provided for each ten persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the facilities. Provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-third 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 such 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 Superintendent.

   (i)    The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the 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.

   (j)    Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet for each additional occupant.

   (k)    Every rooming unit shall have at least one safe, unobstructed means of egress leading to safe, open space at ground level and to a public street or alley without having to pass through any other rooming unit.

   (1)    The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings; for maintenance of a sanitary condition in every other part of the rooming house; and for the sanitary maintenance of the premises of the rooming house.

   (m)    Every provision of this chapter which applies to rooming houses shall also apply to hotels, motels, tourist homes, 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.

      (Ord. 70-253. Passed 7-21-70.)