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§ 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)
§ 154.08 MINIMUM STANDARDS AND REQUIREMENTS FOR SHORT-TERM RENTALS, BED AND BREAKFAST INNS, AND BED AND BREAKFAST ESTABLISHMENTS.
   No owner or operator shall own or operate a SBR or shall let or hire to another for occupancy any rooming unit in any SBR except in compliance with the provisions of every section of this chapter.
   (A)   Minimum basic facilities. At least one flush water closet, lavatory basin, and bathtub or shower, connected to a water and sewer system and in compliance with § 154.04, must be supplied for each eight persons residing within a SBR, including members of the operator’s family whenever they share the use of the said facilities. Provided that in a SBR 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 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 and cold water at all times. If the structure has only one facility, it shall not be located in a basement.
   (B)   Minimum space. 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 20 square feet of floor space for each additional occupant thereof.
   (C)   Means of egress. Every rooming unit shall have two remote means of egress, one of which may be a window that conforms to this chapter. Every rooming unit shall have safe unobstructed means of egress leading to an open space at ground level and this open space shall lead to a public street or alley as required by the laws of the state and the city.
   (D)   Responsibility for maintenance. The owner and occupant of every SBR 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.
   (E)   Maximum occupancy. Every SBR registration shall contain the name(s) and address(es) of the owner and operator, the type of accommodation for which issued, the maximum number of rooms which may be rented, together with the maximum number of persons that may occupy such premises at one time. No person shall rent a greater number of rooms than is specified in his or her registration filed with the City Clerk, nor shall accommodations be rented to a greater number of persons that is specified therein.
   (F)   Parking. Every SBR shall provide adequate off-street parking as detailed in §§ 156.200 and 156.201.
   (G)   Register. Every SBR operator shall provide and maintain a register of the name and home address of any person other than members of the family of the owner or operator as listed in the registration filed with the Planning and Zoning Administrator, occupying said premises or any part thereof. Said register shall be maintained in said premises and shall be submitted upon demand to any official or police officer of the city or to any police officer of the state. It shall be a violation of this chapter for any person to inscribe in such register or to give for the purpose of being inscribed in such register, any false information.
   (H)   Health Department. Any short-term rental where food is served shall comply with the county’s Health Department Food Preparation Codes.
(Ord. passed 3-14-2019)
§ 154.09 FIRE SAFETY.
   (A)   Scope of responsibility. The owner of a rental dwelling unit shall provide and the renter shall maintain fire safety facilities and equipment in compliance with the requirements of this chapter, other ordinances, and state law. No person shall rent to another for occupancy any premises which do not comply with the requirements of this chapter.
   (B)   Egress. A safe, continuous, and unobstructed means of egress shall be provided from the interior of a structure to the exterior at a street, or to a yard, court, or passageway leading to a public open area at grade. If there is only one means of egress from above the second story, then an alternate exit must be provided through the use of fire escape stairs or an approved fire ladder.
   (C)   Direct exit. Every dwelling unit or room shall have access directly to the outside or to a public corridor.
   (D)   Locked doors. All doors in the required means of egress shall be readily openable from the inside without the use of keys. Exits from dwelling units shall not lead through other such units or through toilet rooms or bathrooms.
   (E)   Fire escapes. All required fire escapes shall be provided and maintained in working condition and shall be structurally sound.
   (F)   Emergency escapes.
      (1)   Windows or doors. Every sleeping room shall have a safe means of emergency escape to the outside consisting of an emergency escape window or door.
      (2)   Maintenance. Emergency escape windows and doors shall be maintained operational and available to occupants of sleeping rooms in residential uses.
      (3)   Security. Bars, grilles, grates, or similar devices are permitted to be placed over a required emergency escape window provided that such devices must be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.
   (G)   Accumulation and storage.
      (1)   Waste materials. Waste, refuse, or other materials shall not obstruct stairways, passageways, doors, windows, fire escapes, or other means of egress.
      (2)   Flammable and explosive matter. Highly flammable or explosive matter, such as paints, volatile oils, and cleaning fluids, or combustible refuse, such as waste paper, boxes, and rags shall not be accumulated or stored on residential rental premises except in reasonable quantities consistent with normal usage.
      (3)   Flammable liquids. A rental dwelling unit shall not be located within a structure containing an establishment handling, dispensing, or storing flammable liquids with a flash point of 110°F (43.33°C) or lower.
   (H)   Fire protection systems.
      (1)   Generally. All fire protection systems and equipment shall be maintained in proper operating condition at all times.
      (2)   Fire alarms. Fire alarms and detecting systems shall be maintained and shall be suitable for their respective purposes.
      (3)   Fire extinguishers. All portable fire extinguishers shall be visible, accessible, and maintained in a safe operating condition with inspection tags attached. One will be required in the kitchen area and another in the heating system area.
      (4)   Smoke detectors required. At least one working smoke detector in each sleeping room, outside each sleeping room, and on each additional story including basements, but not crawl spaces or uninhabitable attics. All detectors shall be installed in an approved location. All detectors shall be in working order at the time of occupancy by a renter.
      (5)   Carbon monoxide detector required. If the unit contains a fuel-fired appliance and/or an attached garage, a carbon monoxide detector is required.
(Ord. passed 3-14-2019)
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