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(a) No dwelling or dwelling unit becoming vacant and available for occupancy or reoccupancy shall be leased, rented or occupied for dwelling purposes by other than the lawful owner thereof until the Health Officer has certified, in writing, on a form provided by the City, that such dwelling or dwelling unit substantially conforms with this chapter.
No owner, agent, lessor or other person shall lease or let space to be occupied by others as a dwelling or dwelling unit unless a notice of intention to so rent, lease or let is first filed in the office of the Health Officer. The Health Officer shall inspect such premises within one week of the filing of the notice, and, upon finding substantial compliance of the premises with this chapter, shall certify the same as being suitable for occupancy. If the Health Officer denies certification, he or she shall state the reasons therefor in writing to the person filing such notice within three days after such inspection. Such person may then request and shall be granted a hearing by the Board of Health under the procedure provided in Section 1488.04.
(b) The Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, establishments and premises located in the City in order to safeguard the health and safety of the occupants of dwellings and the general public. For the purpose of making such inspections, the Health Officer is hereby authorized to enter, examine and survey at all reasonable times, all dwellings, dwelling units, establishments and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit and establishment, or the person in charge thereof, shall give the Health Officer free access to such dwelling, dwelling unit, rooming unit or establishment, and its premises, at all reasonable times, for the purpose of such inspection, examination and survey. Every occupant of a dwelling, dwelling unit or establishment shall give the owner thereof, or his or her agent or employee, access to any part of such dwelling, dwelling unit or establishment, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to this chapter.
(Ord. 18-87. Passed 11-24-87.)
(a) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires; and
(4) Be served upon the owner, his or her agent or occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, agent or occupant, if a copy thereof is served upon him or her personally; if a copy thereof is sent by registered mail to his or her last known address; if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of the State.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with this chapter and with rules and regulations adopted pursuant hereto.
(b) Any person affected by any such notice may request and shall be granted a hearing on the matter before the Board of Health, provided that such person files, in the office of the Health Officer, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Board shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed, provided that upon application of the petitioner, the Board may postpone the date of the hearing for a reasonable time beyond such ten-day period, if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing, the Board shall instruct the Health Officer to sustain, modify or withdraw the notice, depending upon its findings as to whether or not this chapter and the rules and regulations adopted pursuant hereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) hereof shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant hereto, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the Health Officer within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief by submitting, within thirty days after such decision of the Board, an appeal to the County Court of Common Pleas by petition duly verified, setting forth that such decision is arbitrary, capricious or otherwise not in accordance with law and specifying the grounds upon which he or she relies.
(e) Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she 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 the finding as to whether or not this chapter and the rules and regulations adopted pursuant hereto have been complied with, the Health Officer shall continue such order in effect, modify it or revoke it, in accordance with the decision of the Board.
(Ord. 18-87. Passed 11-24-87.)
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 dwelling or dwelling unit does not comply with the following requirements:
(a) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewerage system approved by the Health Officer.
(b) Every dwelling unit, except as otherwise permitted in subsection (d) hereof, shall contain a room which affords privacy to a person in such room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewerage system approved by the Health Officer.
(c) Every dwelling unit, except as otherwise permitted in subsection (d) hereof shall contain, in a room which affords privacy to a person in such room, a bathtub or shower in good working condition and properly connected to a water and sewerage system approved by the Health Officer.
(d) The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin and a single bathtub or shower if all of the following are true:
(1) Neither of the two dwelling units contains more than two rooms, provided that a kitchenette or an efficiency kitchen with not more than sixty square feet of floor area shall not be counted as a room.
(2) The habitable area of each such dwelling unit equals not more than 250 square feet of floor area.
(3) Such water closet, lavatory basin and bathtub or shower are in good working condition and properly connected to a water and sewerage system approved by the Health Officer.
(e) Every kitchen sink, lavatory basin and bathtub or shower required in subsections (a), (b), (c) and (d) hereof shall be properly connected with both hot and cold water lines.
(f) Every dwelling and dwelling unit shall be supplied with adequate rubbish storage facilities of a type and location approved by the Health Officer.
(g) Every dwelling and dwelling unit shall have adequate garbage disposal facilities or garbage storage containers of a type and location approved by the Health Officer.
(h) Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required in subsection (e) hereof and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required in Section 1488.06(e) are not in operation.
(i) Every dwelling unit shall have a safe, unobstructed means of egress leading to a safe and open space at ground level, as required by the laws of the State and the City.
(Ord. 18-87. Passed 11-24-87.)
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which dwelling or dwelling unit does not comply with the following requirements:
(a) Every habitable 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 ten percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. 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 fifteen percent of the total floor area of such room.
(b) 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 openable window area in every habitable room shall be equal to at least forty-five percent of the minimum window area size or minimum skylight-type window size, as required in subsection (a) hereof, except where some other device is supplied which affords adequate ventilation and is approved by the Health Officer.
(c) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (a) and (b) hereof, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and is approved by the Health Officer.
(d) 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. 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.
(e) Every dwelling 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 at a temperature of at least seventy degrees Fahrenheit, at a distance three feet above floor level, under ordinary minimum winter conditions.
(f) Every public hall and stairway in a multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(g) During that portion of each year when the Health Officer deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to an outdoor space shall have supplied screens and a self-closing device, and every window or other device with openings to an outdoor space, used or intended to be used for ventilation, shall likewise be suppleid with screens. However, such screens shall not be required during such period in rooms deemed by the Health Officer to be located high enough in the upper stories of buildings so as to be free from such insects, and in rooms located in areas of the City which are deemed by the Health Officer to have so few insects as to render screens unnecessary.
(h) 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 other device as will effectively prevent their entrance.
(Ord. 18-87. Passed 11-24-87.)
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which dwelling or dwelling unit does not comply with the following requirements:
(a) Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodent-proof, shall be capable of affording privacy and shall be kept in good repair.
(b) Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodent-proof and shall be kept in sound working condition and good repair.
(c) Every inside and outside stair, porch and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.
(d) Every plumbing fixture and wastewater pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.
(e) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
(f) 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.
(g) No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this Chapter to be removed from, shut off from or discontinued for any occupied dwelling that is let or occupied by him, or her, 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 Health Officer.
(h) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
(Ord. 18-87. Passed 11-24-87.)
No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which dwelling or dwelling unit does not comply with the following requirements:
(a) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of the total habitable room area.
(b) 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 occupant thereof.
(c) 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.
(d) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(e) No cellar space shall be used as a habitable room or dwelling unit.
(f) No 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 window area in each room is equal to at least the minimum window area sizes required in Section 1488.06(a).
(3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
(4) The total openable window area in each room is equal to at least the minimum required in Section 1488.06(b), except where there is supplied some other device affording adequate ventilation and approved by the Health Officer.
(Ord. 18-87. Passed 11-24-87.)
(a) 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.
(b) 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 or she occupies and controls.
(c) Every occupant of a dwelling or dwelling unit shall dispose of all of his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by Section 1488.05(f).
(d) Every occupant of a dwelling or dwelling unit shall dispose of all of his or her garbage and other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by Section 1488.05(g). The owner shall supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases the occupant shall furnish such facilities or containers.
(e) Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under this chapter or, any rule or regulation adopted pursuant hereto, except where the owner has agreed to supply such service.
(f) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Notwithstanding this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
(g) Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
(Ord. 18-87. Passed 11-24-87.)
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