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§ 154.01 PURPOSE.
   (A)   Purpose. The city recognizes a compelling interest in establishing standards for the maintenance of sanitary and safe residential rental structures and for improving rental properties within the city. Such standards are an important factor supportive of the general health, safety, and welfare of all of its citizens of the city. This chapter is designed to promote the continuing maintenance and quality of safe rental properties and to enhance and maintain property values throughout the city.
   (B)   Scope.
      (1)   This chapter shall apply to any structures or part thereof, which is let or available for occupancy by persons pursuant to an oral or written rental or lease arrangement or other valuable consideration; or to any occupant therein. Such structures shall include, but not be limited to, single-family dwellings, multiple-family dwellings, rooming houses, housekeeping units, rooming units, bed and breakfast establishments, bed and breakfast inns, and short-term rentals.
      (2)   This chapter does not apply to hotel/motels (where the average overnight stay is less than 30 days), jails, nursing homes, school dormitories, hospitals, nor federally licensed and inspected properties. Nor does it apply to facilities offering healthcare of any kind that are inspected, certified, and/or licensed by the state.
      (3)   This chapter shall be enforced by the City Manager or his or her authorized representatives. The Administrator may utilize additional personnel to assist with the enforcement including individuals with specialized technical training or experience necessary to evaluate the condition of rental properties and determine compliance with this chapter.
(Ord. passed 3-14-2019)
§ 154.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPROVED. Accepted by the Building Inspection Officer or his or her authorized representative as a result of their experience or investigation, or by reason of tests, or acceptable to a recognized testing laboratory, designated by the Building Inspection Officer.
   BASEMENT. A story partly underground, provided that where the vertical distance from the average grade to the ceiling of a basement equals or exceeds five feet. The BASEMENT shall be considered a story.
   BED AND BREAKFAST ESTABLISHMENT. A single-family residence where no more than five guest’s rooms are made available for the temporary accommodation of the traveling or vacationing public. Such an establishment may offer meals only to those persons temporarily residing at the establishment.
   BED AND BREAKFAST INN. A structure used primarily for lodging purposes where the use as a residence is clearly secondary. A structure where more than five but no more than nine guest rooms are made available for the temporary accommodation of the traveling or vacationing public. Such an establishment may offer meals to the public and the persons temporarily residing at the establishment.
   BUILDING. Any structure used, designed, or intended for the protection, shelter, or enclosure of persons, animals, or property.
   BUILDING INSPECTION OFFICER. The legally designated building inspection authority of the city or his or her authorized representative.
   DWELLING. Any house, building, structure, trailer, or vehicle, or portion thereof, which is occupied or intended for occupancy in whole or in part as the home, residence, living, or sleeping place of one or more human beings, either permanently or transiently. A house trailer shall be subject to all the provisions of this chapter, as well as all other ordinances of the city, except that house trailers or other vehicles duly licensed as a vehicle, may be occupied or used as a DWELLING for reasonable periods or lengths of time, without otherwise being subject to the provisions of the act for dwellings, when located in a park, provided that such parking sites are equipped with adequate electric, water, safety, and sanitary facilities.
   DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which meets all of the following criteria:
      (1)   It complies with the minimum square footage requirements for building floor area for the applicable district;
      (2)   It has a minimum width along any exterior side elevation of 24 feet and a minimum internal height of seven and one-half feet;
      (3)   It is firmly attached to a solid foundation constructed on the site in accordance with the state’s Building Code and state’s Residential Code;
      (4)   It does not have exposed wheels, towing mechanisms, undercarriage, or chassis;
      (5)   The dwelling is connected to a public sewer and water supply or to such private facilities approved by the local Health Department;
      (6)   The dwelling contains storage area(s) either in a basement located under said dwelling, in an attic area, in a closet area, or in a separate fully enclosed structure on the site, equal to not less than 15% of the interior living area of the dwelling; and
      (7)   The dwelling is aesthetically compatible in design and appearance to conventionally on-site constructed homes.
   EFFICIENCY RENTAL. A small rental dwelling unit with a living and bedroom spaces being combined into one room. Sometimes, a bathroom and a kitchen area or kitchenette may be combined into one room.
   GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
   HABITABLE ROOM. A room used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or connecting corridors, closets, and storage space.
   HUMAN HABITATION. The use of any room, rooming unit, dwelling, dwelling unit, apartment unit, building or premises for living, sleeping, cooking, or eating purposes by one or more persons.
   INFESTATION. The presence of any insects, rodents, or other pests within or around a dwelling, building, or premises.
   OCCUPANT. Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling, 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.
   OWNER. Any person who, alone, jointly, or severally with others:
      (1)   Shall have legal title to any dwelling, dwelling unit, rooming unit, building, or premises with or without accompanying actual possession thereof; or
      (2)   Shall have charge, care, or control of any dwelling unit or rooming unit, as owner or agent of the owner, or as executor, executrix, 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 or she were the OWNER.
   PERSON. Any individual, firm, corporation, association, or partnership.
   PLUMBING. 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.
   PREMISES. Any lot or piece of land inclusive of the buildings and shall include parking lots or other places or enclosures however owned or occupied.
   RENTAL STRUCTURE. Any dwelling that contains, at a single property address, one or more dwelling units intended for rental.
   ROOMING UNIT. A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
   RUBBISH. Combustible and non-combustible waste materials except garbage; and the said term shall include but not be restricted to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, dust, animal, and human feces, and the residue from the burning of combustible materials.
   SANITARY MAINTENANCE. Any condition in which any significant amount of filth, trash, or human waste is present in such a manner that a reasonable person would believe that the condition might constitute a health hazard; or of strong, persistent, chemical, or human waste odors sufficient to deter use of the facility, or give rise to a reasonable concern with respect to exposure to hazardous fumes. Such conditions include, but are not limited to, a toilet bowl filled with human waste, soiled toilet paper, or other products used in the toilet compartment, that are present due to a defective toilet facility that will not flush or otherwise remove waste; visible human waste residue on the floor or toilet seat that is present due to a toilet that overflowed; an accumulation of soiled paper towels or soiled toilet paper on the floor, toilet facility, or sink; an accumulation of visible dirt or human waste on the floor, toilet facility, or sink; and strong, persistent chemical, or human waste odors.
   SHORT-TERM RENTAL. Any dwelling or condominium or portions thereof that is available for use or is used for accommodations or lodging of guests, paying a fee, or other compensation for a period of less than 30 consecutive days.
   STRUCTURES. Anything constructed or erected, the use of which requires permanent location on the ground.
   STUDIO APARTMENT. A small rental dwelling unit with a living and bedroom spaces being combined into one room. Sometimes, a bathroom and a kitchen area or kitchenette may be combined into one room.
   SUPPLIED. Paid for, furnished, provided by, or under the control of the owner or operator.
   TENANTS. A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent.
   UTILITIES. Some commodity or service, such as electricity, gas, water, transportation, or telephone or internet service.
(Ord. passed 3-14-2019)
§ 154.03 REGISTRATION.
   (A)   Requirements. All rental structures regulated by this chapter are required to be registered pursuant to this chapter and shall comply with the following.
      (1)   All existing rental structures shall be registered by property address by close of business of (date TBD) the effective date of this chapter. Registration, which is the owner’s responsibility, if is on file prior to this date will be at no cost.
      (2)   All newly constructed rental structures shall be registered prior to any use or occupancy as a rental structure.
      (3)   All existing non-rental structures which are legally converted to rental structures shall be registered, prior to the date on which the property is first occupied for rental purposes.
      (4)   A new owner or purchaser shall register a rental structure which is sold, transferred, or conveyed from previous owners within 30 days of the date of the sale/closing. New owners of rental structures are responsible for the completion of the registration process.
      (5)   Registration is one time only for an owner of a rental structure. A rental structure registered under this chapter must be reregistered only when the rental structure changes ownership as described in division (A)(4) above or loss of registration has occurred.
      (6)   All property taxes must be current with no balances at time of registration.
   (B)   Registration forms. Registration application forms shall be made in such form and in accordance with such instruction as may be provided by the Administrator of the Department of Planning and Zoning or his or her authorized designees. It is the property owner’s responsibility to obtain and submit the registration form in accordance with the provisions of this chapter.
(Ord. passed 3-14-2019)
§ 154.04 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES.
   No owner or operator shall let, rent, or hire 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)   Kitchen sink. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to water and sewage system.
   (B)   Water closet, lavatory, and bath. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet, a lavatory basin, and a bathtub or shower. The water closet, lavatory basin, and bathtub or shower unit must be properly installed and maintained in working order and must be kept free from obstructions, leaks, and defects. They must be capable of performing the functions for which they are designed. They must be properly connected to a water and sewage system. They must be maintained in a safe, sanitary, and functional condition.
   (C)   Shared sanitary facilities. Except for § 154.08, shared sanitary facilities are not allowed under this chapter. Provided further that the provisions of this chapter shall in no way supersede or alter the requirements of the Building Code pertaining to new structures or conversions of old structures.
   (D)   Water connections. Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of divisions (A), (B), and (C) above shall be connected with both hot and cold water lines.
   (E)   Water heating facilities. Every dwelling shall have water heating facilities which are properly installed, maintained, have a current inspection tag if required by state law, and capable of providing an adequate amount of water to be drawn at every required sink, lavatory basin, and bathtub or shower at a temperature of not less than 110°F (43°C) such that each required sink, lavatory basin, and bathtub or shower is capable of performing the function for which they were respectively designed.
   (F)   Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition.
   (G)   Anti-discrimination. All rentals shall be in compliance with the established Fair Housing Act (Title VIII of the Civil Rights Act of 1968, being 42 U.S.C. §§ 3601 et seq. (Pub. Law No. 90-284)). In the event the Administrator of Planning and Zoning or other designated city official finds that the area is not clean, safe, or sanitary, the tenant shall be deemed responsible for cleaning the area. In the event an enforcement action is taken against the tenant for non-compliance, the city shall also notify the owner/operator of the action. In the event the tenant does not comply with the required remedial action, the owner/operator shall be held liable for the cleaning. If, within a reasonable time of the owner/operator retaking legal control of the property, the required remedial action has still not been complied with, the owner/operator shall be held responsible.
(Ord. passed 3-14-2019) Penalty, see § 10.99
§ 154.05 MINIMUM STANDARDS FOR LIGHT, VENTILATION, AND HEATING.
   No owner or operator shall let, rent, or hire to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements.
   (A)   Windows. Every sleeping 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 one window of at least five and seven-tenths square feet. 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. Every window and frame shall be kept in sound condition, good repair, and weather-tight. The city will not require apartment units, houses, and the like, to be retrofitted to meet the minimum window square footage or total floor area requirement. These two requirements will be met when the unit, building, house, and the like, is to be rehabilitated to a cost greater than 50% of the current value.
   (B)   Ventilation. Every sleeping room shall have at least one window or skylight which can be easily opened for adequate ventilation, except where there is supplied some other device or method affording adequate ventilation and approved by the Building Inspection Officer.
   (C)   Bathroom lights and ventilation. 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 an operational ventilation system approved by the Building Inspection Officer.
   (D)   Heating facilities. Every dwelling shall have heating facilities which are properly installed and inspection tagged if required by law, are maintained in safe and working condition such that they are capable of safely heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 68°F (20°C).
   (E)   Electrical outlets. Every room shall contain at least two electrical convenience outlets or one such convenience outlet and one lighting fixture. Additional convenience outlets shall be provided such that each electrical device and appliance located within each room can be plugged in and operated. Cords to appliances and devices shall not be run through doorways, under rugs, or stapled to wood baseboards, door casings, or through holes in partitions or floors. All installations and repairs of electrical outlets are to be made in a manner that conforms to the Electrical Codes in force in the county at the time of inspection. Dwellings and dwelling units already in existence will not have to be retrofitted to meet the outlet amount requirement.
   (F)   Lighting public halls and stairways. Every public hall and stairway in every dwelling containing four or more dwelling units shall be adequately lighted at all times. Adequate lighting for public halls consists of one constantly shining electrical lighting fixture for every 100 feet of hall length. Adequate lighting for stairways consists of a proper number of constantly shining electrical lighting fixtures to enable each riser and landing to be visible. Every public hall and stairway in structures of four or more dwelling units shall have emergency lighting and exit signs.
   (G)   Screens, basement or cellar windows. 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.
(Ord. passed 3-14-2019) Penalty, see § 10.99
§ 154.06 MINIMUM MAINTENANCE REQUIREMENTS.
   No owner or operator shall let, rent, or hire to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements, unless otherwise provided in this chapter.
   (A)   Roofs and drainage. The roof shall be sound- and weather-tight, without defects that would cause leakage. All roof gutters and downspouts if installed shall be free from obstructions and without holes or damage that would compromise their ability to perform the task for which they were designed. All roof gutters and downspouts must be securely attached to the building. No storm drainage shall be connected to the sanitary sewer.
   (B)   House and unit numbers. Each building shall have the street number displayed in four-inch Arabic numbers in a position easily observed and readable from the street. Additionally, each unit that is assigned a unit, room, or apartment number or letter shall be clearly marked on the entrance door to the unit, room, or apartment.
   (C)   Handrails and guards. Every handrail and guard shall be firmly fastened and maintained in good condition. Every exterior and interior flight of stairs having more than four risers and every open portion of a stair, landing, or balcony which is more than 30 inches above the floor or grade shall have guards.
   (D)   Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weather-proof and properly surface-coated where required to prevent deterioration.
   (E)   Foundation walls. All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent entry from rodents.
   (F)   Exterior openings; maintenance. Every window, exterior door, and basement hatchway shall be weather-tight, water-tight, and rodent-proof; and shall be kept in sound working condition and good repair.
   (G)   Plumbing fixtures; maintenance. 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.
   (H)   Floor surfaces. Every water closet compartment, bathroom, and kitchen floor surface shall be constructed and maintained so as to be water-resistant and/or so as to permit such floor to be easily kept in a clean and sanitary condition.
   (I)   Supplied facilities; maintenance. 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.
   (J)   Public areas. Every owner and occupant of a dwelling containing one or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the public areas of the dwelling and premises thereof.
(Ord. passed 3-14-2019)
§ 154.07 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS.
   No owner or operator shall let, rent, or hire to another for occupancy and dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements, unless otherwise provided in this chapter.
   (A) Cooking, sleeping in same room. Where more than two persons occupy any dwelling unit, food shall not be prepared or cooked in any room used for sleeping purposes. This shall not apply to studio apartments or efficiency units.
   (B)   Ceiling height. At least one-half of the floor area of every habitable room on the main floor, shall have a ceiling height of at least seven feet. The ceiling height of any room in a top floor or attic, shall be not less than six feet six inches over not less than one-third of the floor area of any room. The city will not require units to be retrofitted to comply with these requirements. Units will comply with these requirements at the time of rehabilitation or remodeling.
   (C) Cellar and/or basement. No cellar and/or basement 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 § 154.05(A);
      (3)   Such required minimum window area is located entirely above the grade of the ground adjoining such window area;
      (4)   Openable window area in each room is provided as required under § 154.05(B), except where there is supplied some other device affording adequate ventilation and approved by the Building Inspection Officer; and
      (5)   There are at least one means of egress directly to the outside in sleeping rooms.
(Ord. passed 3-14-2019)
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