No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following minimum standards for heat and heating equipment.
(A) Heating equipment and capacity. Every dwelling unit shall have heating equipment which conforms to all applicable provisions of rules and regulations and which is capable of safely and adequately maintaining an average temperature of 70°F in all habitable rooms, bathrooms and water closet compartments when the outdoor temperature is -10°F without forcing the equipment to operate in excess of its design and capacity. Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame, and the use of gasoline or kerosene or any liquid petroleum gas as a fuel does not meet the requirements of this section and is prohibited.
(B) Supply of heat. The owner or operator of any dwelling or dwelling unit who lets the dwelling or dwelling unit under an agreement, express or implied, to supply heat to the occupants thereof shall supply, without the undue restrictions of ventilation as to interfere with proper sanitary conditions, to
provide a minimum temperature in all habitable rooms, bathrooms and water closet compartments of 68°F from 6:30 a.m. to 10:30 p.m. and a minimum temperature of 65°F at all other times. The temperatures shall be averaged throughout the dwelling or dwelling unit.
(C) Written notice required. Written notice of any complaint concerning lack of heat in the dwelling unit shall first be given to the owner or operator by certified mail, return receipt requested, before violation of this section shall be deemed to exist.
(D) Causes beyond control of owner or operator. Failure to furnish the heat required by this section shall not constitute an offense when it is due to a breakdown of the heating plant (unless such breakdown has been caused by a violation of these rules and regulations), nor where it is due to strikes, to a general shortage of fuel, to any act of the occupant who makes the complaint, or to any cause beyond the owner’s or operator’s control.
(E) Determination of average temperature. To determine if a violation of this section has occured, the city shall cause temperature readings to be made by a means of a standard Fahrenheit thermometer in not less than 2 rooms, or if the unit consists of only 1 room at or near the extremes as practicable, the thermometer to be placed at a point not less than 4 feet nor more than 6 feet away from any door window and 3 feet above the floor.
(F) Maintenance. All equipment and facilities and connecting fuel lines required by this section shall be maintained in a good, safe and workable condition.
(Ord. passed 8-13-1979)