No person shall occupy as owner or occupant or let to another for occupancy any dwelling, or dwelling unit for the purposes of living therein, which is not safe, clean and fit for human occupancy, and which does not comply with the particular requirements of this section.
(A) Exterior requirements.
(1) Safety. Every foundation, roof exterior wall, outside stair, every unenclosed porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every outside stair or step shall have uniform risers and uniform treads.
(2) Foundations, walls, roofs and exterior surfaces. Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather-tight, and damp free, and shall be kept in sound condition and good repair. Floors, interior walls, and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by non-lead base paint or by other protective covering or treatment. Walls shall be capable of affording privacy for the occupant.
(a) Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.
(b) The foundation elements shall adequately support the building at all points.
(c) Every exterior wall shall be free of holes, breaks, loose, or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials must be kept in a favorable state of repair.
(d) The roof shall be structurally sound, tight, and have no defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.
(3) Windows, doors and hatchways. Every window, exterior door, and basement hatchway shall be tight and shall be kept in sound condition and repair.
(a) Every window sash shall be fully supplied with glass window panes or an approved substitute which contains no open cracks or holes.
(b) Every window sash shall be in good condition and fit reasonably tight within its frame.
(c) Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.
(d) Every exterior door, door hinge, and door latch shall be maintained in good condition.
(e) Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit.
(f) No person shall let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with functioning locking devices. Locks which can be secured from the exterior of the apartment which cannot be unlocked from the interior are expressly prohibited.
(g) Every door available as an exit in any building shall be capable of being opened from the inside easily and without the use of a key.
(h) Every exterior door, when closed, shall fit reasonably well within its frame.
(i) Every window, door and frame shall be constructed and maintained in such relation to the adjacent well construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.
(j) Every basement hatchway shall be constructed and maintained so as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or structure.
(4) Screens. Every window or similar device shall be constructed so as to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects and provide adequate ventilation if needed.
(5) Fences. All fences shall be constructed of approved fencing material, shall be maintained in good condition and shall not create a harborage for rats. Wood materials shall be protected from decay by use of non-lead base paint or by other preservative material. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of the village and the state. Whenever any egress from the dwelling opens into the fenced area, there shall be a means of egress from the premises to any public way adjacent thereto.
(6) Accessory structures. Accessory structures present or provided by the owner, agent, or tenant occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and free of insects and rats, or such structures shall be removed from the premises. The exterior of such structures shall be made weather-resistant through the use of decay-resistant materials or the use of lead-free paint or other preservatives.
(7) Chimney, flue, pipe, etc. Every chimney, flue, and smoke pipe and every other facility, piece of equipment, or utility which is present in a dwelling or dwelling unit, or which is required under this subchapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances, and regulations of the village and the state.
(8) Conformance to law. All construction and materials, ways and means of egress, and installation and use of equipment shall conform with the appropriate statutes, ordinances and regulations dealing with fire protection of the village and the state.
(B) Interior requirements.
(1) Safety. Every interior floor, interior wall, ceiling, inside stair, every enclosed porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every inside stair or step shall have uniform risers and uniform treads.
(2) Free from dampness. In every building, cellars, basements and crawl spaces shall be maintained reasonably free from dampness so as to prevent conditions conducive to decay or deterioration of the structure.
(3) Plumbing fixtures and pipes. Every plumbing fixture and all water waste pipes shall be properly installed and maintained in good sanitary working condition.
(4) Bathroom and kitchen floors. Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water to prevent leaking into rooms adjacent or not and so as to permit such floor to be easily kept in a clean and sanitary condition.
(5) Structural members. The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads.
(6) Interior stairs and railings. Stairs shall be provided in every structure if needed.
(a) All interior stairs of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped, or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load.
(b) Every interior stairwell and every interior flight of stairs, which is more than two risers high, shall have handrails or railings. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustraded railings, spaced no more than five inches apart, capable of bearing normally imposed loads, shall be placed on the open portions of the stairs, balconies, landings and stairwells.
(7) Sanitation. The interior of every dwelling and structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities as required under this subchapter.
(8) Fire/smoke detectors. In a multi-family dwelling, at least one single station smoke detector, properly placed within 15 feet of all sleeping areas, must be installed (see Chapter 18 of Life Safety Code, NFPA 72,2019 Edition, paragraph on existing apartment buildings for particular specifications).
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99