This article shall be known as the “Minimum Standard for Housing and Premises Code” and will be referred to herein as “this code” or “this article”.
(Prior Code § 7-501; Ord. 459)
Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living in separate apartments and all premises, either residential or non-residential, shall conform to the requirements of this article.
(Prior Code § 7-502; Ord. 459)
The City Council declares the purpose of this article is to protect, preserve and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned structures or dwellings, and all premises for the purpose of sanitation and public health, general appearance and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings, structures and premises now in existence or hereafter constructed or developed and which legislation provides for:
(a) Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy and for safe and sanitary maintenance;
(b) Establishment of standards concerning unsightly and blighted buildings and premises, both residential and non-residential structures;
(c) Determining the responsibilities of owners, operators and occupants; and
(d) The administration and enforcement thereof.
(Prior Code § 7-503; Ord. 459)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words “dwelling”, “dwelling unit”, “rooming house”, “rooming unit”, “premises” are used in this article, they shall be construed as though they were followed by the words “or any part thereof’.
(a) Basement. A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
(b) Cellar. A portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(c) Dwelling. Any building which is wholly or party used or intended to be used for living or sleeping by human occupants; provided that, temporary housing hereinafter defined shall not be regarded as a dwelling.
(d) Dwelling Unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used for living, sleeping, cooking and eating.
(e) Habitable Dwelling. Any structure or part thereof that shall be used as a home or place of abode by one or more persons.
(f) Habitable Room. A room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls and storage places, or other similar places, not used by persons for extended periods.
(g) Infestation. The presence, within or around a dwelling, of insects, rodents or other pests.
(h) Multiple Dwelling. Any dwelling containing more than two dwelling units.
(i) Occupant. Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
(j) Operator. Any person who has charge, care, owns or has control of a premise or of a building or structure or part thereof, in which dwelling units or rooming units are let.
(k) Owner. Any person, firm or corporation, who jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling unit or premises within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this article and shall be bound to comply with the provisions to the same extent as the record owner and notice to any such person shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the RECORD OWNER OR OWNERS of such property.
(l) Person. Any individual, firm, corporation, association or partnership.
(m) Plumbing. All of the following supplied facilities and equipment:
(1) Gas or fuel pipes;
(2) Gas or fuel burning equipment;
(3) Water pipes;
(4) Garbage disposal units;
(5) Waste pipes;
(6) Water closets;
(7) Sinks;
(8) Installed dishwashers;
(9) Lavatories;
(10) Bathtubs;
(11) Shower baths;
(12) Installed clothes-washing machines;
(13) Catch basins;
(14) Drains; and
(15) Vents and any other similar supplied fixtures, together with connections to water, sewer, gas or fuel lines.
(n) Premises. Any lot or land area, either residential or non-residential, not covered by a structure and which is within the limits of the city.
(o) Public Officer. The City Building Inspector.
(p) Rooming House. Any dwelling, or that part of a dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or sister and brother of the owner or operator.
(q) Rooming Unit. Any 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.
(r) Refuse. Garbage and trash.
(1) GARBAGE shall mean any accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, cooking of, delivering of or storage of meats, fish, fowl, fruit or vegetable.
(2) TRASH (COMBUSTIBLE). For the purpose of this article, waste consisting of papers, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding and leaves or any other combustible materials.
(3) TRASH (NON-COMBUSTIBLE). For the purpose of this article, waste consisting of metals, tin cans, glass, crockery, other mineral refuse and ashes and street rubbish and sweepings, dirt, sand, concrete scrap or any other non-combustible material.
(s) Structure. Any thing constructed or erected on the ground or attached to something having a location on the ground.
(t) Supplied. Paid for, furnished or provided by or under the control of the owner or operator.
(u) Temporary Housing. Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, house or building or another structure, or to any utilities system on the same premises for more than 30 consecutive days, except when located in a mobile home court duly licensed under ordinances of the city.
(Prior Code § 7-504; Ord. 459)
Provisions relating to the duty of occupants or owners of occupied or unoccupied buildings and premises or vacant premises shall be as follows.
(a) It shall be the duty of the owner of every occupied or unoccupied dwelling, building and premises or vacant premise, including all yards, lawns and courts to keep such property clean and free from any accumulation of filth, rubbish, garbage, or any similar matter as covered by section 8-508 and 8-509 of this article.
(b) It shall be the duty of each occupant of a dwelling unit to keep in clean condition the portion of the property which they occupy and of which they have exclusive control, to comply with the rules and regulations, to place all garbage and refuse in proper containers. Where care of the premises is not the responsibility of the occupant, then the owner is responsible for violations of this article applicable to the premises.
(c) If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all garbage and trash.
(d) 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 their dwelling unit is the unit primarily infested.
(e) Notwithstanding, the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a vermin proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner and operator.
(f) 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 thereof shall be the responsibility of the owner.
(Prior Code § 7-505; Ord. 459)
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 does not comply with the following requirements. The following requirements are hereby declared essential to the health and safety of the occupants of such dwelling or dwelling unit.
(a) Basement or cellar. The basement or cellar of any dwelling shall be reasonably dry and ventilated and shall be kept free from rubbish accumulation.
(b) Basement dwelling units. The use of basements or cellars for dwelling units is prohibited unless they comply with subsection (r) below governing ventilation; provided, however, if occupied at the time of the passage of this code, the public officer may approve less than the required windows, if in their opinion, the window area is not detrimental to the occupants.
(c) Bathing facilities. Every dwelling unit shall contain within a room which affords privacy to a person in the room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system.
(d) Boarding and rooming houses. No room shall be used for sleeping purposes unless the ceiling height is at least seven feet and there are at least 400 cubic feet of air space for each occupant over six years of age. For sleeping rooms with sloping ceilings, the ceiling height shall be at least seven feet over at least 50% of the floor area.
(1) Bathing facilities shall be provided in the form of a tub or shower for each eight occupants. Separate facilities shall be provided for each sex and plainly marked.
(2) A flush water closet shall be provided for each six occupants and shall be separated with the separate access from bathing facilities if more than four occupants are served by each. Separate facilities shall be provided for each sex and shall be plainly marked.
(e) Drainage. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pooling of the water thereon. Properly constructed wading and swimming pools and fish ponds are excepted from this section.
(f) Entrances.
(1) There shall be for each dwelling unit a separate access either to a hallway, stairway or street, which is safe and in good repair.
(2) A secondary exit to the ground shall be available in case of fire through windows, porch roofs, ladders or any combination that is free of hazard or egress.
(g) Floor area. 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 total habitable room area, inside measurements. No floor space shall be included in determining habitable room area over which the ceiling is less than six feet above the floor for the purpose of this subsection (g).
(h) Garbage and trash receptacles. Every dwelling and every dwelling unit shall be provided with refuse containers as provided in section 8-205.
(i) Heating. Every dwelling and every dwelling unit shall be so constructed, insulated and maintained and be provided by owner or occupant with heating units so that it is capable or reaching an air temperature of 70°Funder ordinary winter conditions. The chimney of the dwelling or dwelling unit shall be maintained in good order, and the owner of the approved heating equipment shall maintain it in good order and repair.
(j) Kitchen sink. In every dwelling unit containing two or more rooms, there shall be at least one kitchen sink with public water under pressure and connected to the public sewer, or if that sewer system is not available, to a sewage disposal system approved by the city health officials.
(k) Lavatory facilities. Every dwelling unit shall contain within its walls a lavatory basin in good working condition and properly connected to an approved water and sewer system and located in the same room as the required flush water closet or as near to the room as practicable.
(l) Lighting. Every habitable room shall have a ceiling electric outlet and a duplex outlet in wall or floor, or at least two wall or floor outlets.
(m) Lighting of toilets and bathrooms. Every toilet and every bathroom in every dwelling shall have at least one electric light in either the ceiling or on the wall.
(n) Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order.
(o) Privies. All pit privies, privy vaults, “diy hopper” sewer-connected privies and frost-proof closets are hereby declared to be a public nuisance.
(p) Toilet facilities. There shall be at least one flush water closet in good working condition for each dwelling unit, which flush water closet shall be located within the dwelling and in a room which affords privacy.
(q) Ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows openable directly to the outside air and the total area of such window or windows shall be not less than 5% of the floor area of such room. An approved system of mechanical ventilation or air conditioning may be used in lieu of openable windows.
(r) Water heating facilities. Every dwelling shall have supplied water beating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condition and are properly connected with the hot water lines to the kitchen sink, lavatory and bathtub or shower.
(s) Windows and doors. Every window and exterior door shall be reasonably weather-tight, lockable and rodent-proof and shall be kept in good working condition and good repair.
(Prior Code § 7-506; Ord. 459)
Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls and ceilings shall be kept in good repair and usable condition.
(Prior Code § 7-507; Ord. 459)
Dwellings or dwelling units shall be declared as unfit for human habitation and placarded as unfit for human use or habitation whenever conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such structures, the occupants of neighboring structures or other residents of the neighborhood or which shall have a blighting influence on properties in the area.
(a) Such conditions may include the following without limitation:
(1) Defects therein increasing the hazards of fire, accident or other calamities;
(2) Lack of:
(A) Adequate ventilation;
(B) Air pollution;
(C) Light;
(D) Cleanliness; and
(E) Sanitary facilities.
(3) Dilapidation;
(4) Disrepair;
(5) Structural defects;
(6) Overcrowding;
(7) Inadequate ingress and egress; and
(8) Unsightly appearance that constitute a blight to the adjoining property, the neighborhood or the city.
(b) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the public officer shall be vacated within a reasonable time as so ordered.
(c) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the public officer.
(1) The public officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(2) It shall be unlawful for anyone to let, lease, occupy or permit the occupancy, whether for a consideration or not, of any dwelling so posted and any violation of this provision shall constitute a public offense within the meaning of this code.
(3) It shall be unlawful for any person to deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except the public officer as herein provided, and any violation of this provision shall constitute a public offense within the meaning of this code.
(Prior Code § 7-508; Ord. 459)
Any premises may be declared unsightly and blighted whenever it is found that the appearance of the property is not commensurate with the character of other properties in the neighborhood or that it otherwise constitutes a blight to the adjoining property, the neighborhood or the city for such reasons as, but not limited to:
(a) Dead trees or other unsightly natural growth;
(b) Unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation, inadequate drainage; or
(c) Other law or regulations relating to the use of land and the use and occupancy of the buildings and improvements.
(Prior Code § 7-509; Ord. 459)
Provisions relating to the inspection of buildings, structures and premises shall be as follows.
(a) For the purpose of determining compliance with the provisions of this code, the public officer or their authorized representative is hereby authorized to make inspections to determine the condition, use, and occupancy of dwellings, dwelling units, rooming units and the premises upon which the same are located. This requirement is applicable to existing dwellings or buildings.
(b) The public officer is not limited by the conditions in subsection (a) above where new construction or vacant premises are involved and may make such inspections at any appropriate time.
(c) The owner, operator and occupant of every dwelling, dwelling unit and rooming unit shall give the public officer, or their authorized representative, during reasonable hours, free access to such dwelling, dwelling unit and rooming unit, and its premises, for the purpose of such inspection, examination and survey after identification by proper credentials.
(d) Every occupant of a dwelling shall give the owner thereof, or their authorized agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this code or with any rule or regulation adopted and promulgated, or any order issued pursuant to the provisions of this article.
(Prior Code § 7-510)
Rules and regulations pertaining to notices of violations and procedures in serving notices shall be as follows.
(a) Whenever a petition is filed with the public officer or by at least five residents of the municipality in writing charging any violation under this article, or whenever it appears to the public officer (on their own motion) that any structure or premises is unfit for human use or habitation, or that there is any violation of this code or these standards, they shall, if their preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such structure or premises (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the public officer or their designated agent at a place therein fixed not less than ten days, nor more than 30 days, after the serving of the complaint; that the owner, mortgagee and parties in interest shall be given the right to file and answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(b) After such notice, if it is determined that the structure or premises under consideration is unfit for human use or habitation, or that there is any violation of this article or of the standards set out in this code, the public officer shall state in writing of their findings of facts in support of such determinations and shall issue and cause to be served upon the owner thereof an order which provides for the removal, alteration or improvement of the cause of the violation of this code; provided that, if the violation consists of a deficiency of any kind in regard to the standards set out in this code as regards a building or structure, then there shall be served upon the owner thereof an order which:
(1) If the repair, alteration or improvement of the structure can be made at reasonable cost in relation to the value of the structure which cost in no case shall exceed 60% of the reasonable value of the structure, requires the owner, within the time specified in the order, to repair, alter or improve such structure to render it fit for human use or habitation or to vacate and close the structure until conformance with this code;
(2) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure based on the limits as set out in subsection (a) above, requires the owner, within the time specified in the order, to remove or demolish such structure;
(3) If the owner fails to comply with an order to remove or demolish the structure, the public officer may cause such structure to be removed or demolished;
(4) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the structure or premises, or to comply with any other reasonable order made hereunder, the public officer may cause such structure or premises to be repaired, altered or improved, or to be vacated and closed;
(5) The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and such lien, including as part thereof allowance of their costs and the necessary attorneys’ fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the City Clerk shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land. If the structure is removed or demolished by the public officer, they shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings, including their necessary attorneys’ fees incurred therein, as determined by the court;
(6) Complaints or orders issued by the public officer pursuant to this article shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in the official newspaper of the county. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be filed with the Clerk of the District Court of the county in which the structure is located and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law;
(7) Any person affected by an order issued by the public officer may petition the review board as provided in section 8-514 of this article. No action shall the county in which the property is located for an injunction restraining the public officer be taken to enforce any order of the public offices pending the final disposition of the cause; provided that, within 30 days after the posting and service of the order of the public officer, such person shall petition such court. Hearings shall be had by the court on such petition as soon thereafter as possible, and shall be given preference over other matters.
(Prior Code § 7-511; Ord. 459)
The public officer referred heretofore is hereby authorized to enforce provisions of this code and all other ordinances which regulate or set standards affecting buildings and premises.
(Prior Code § 7-512; Ord. 459)
Discretionary authority may be exercised in specific cases where variance from the terms of the code:
(a) Will not adversely affect the public health, safety or welfare of inhabitants of the city;
(b) Is in harmony with the spirit of this code; and
(c) Where literal enforcement of the code will result in unnecessary hardship.
(Prior Code § 7-513; Ord. 459)
There is hereby created a review board which shall consist of three members all of whom shall be residents of the city. Members of the review board shall be appointed by the mayor with the consent of the City Council. One member of the board shall be appointed to serve for a period of one year, one for a period of two years, and one for a period of three years from 1-1-1968. Thereafter members shall be filled by appointment for the term only. To provide liaison between the review board, the public officer and the City Council, the Mayor shall appoint one member of the City Council as a fourth nonvoting member of the board. Members of the board shall serve without compensation.
(Prior Code § 7-514; Ord. 459)
The review board shall meet on call of the chairperson at such time and place as they may fix by resolution. They shall select one of their members as chairperson and one as vice chairperson and one as secretary, who shall serve one year and until their successors have been selected. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept by the secretary of its proceedings.
(Prior Code § 7-515; Ord. 459)
The review board is authorized to review all alleged violations of this code, and to hear appeals when any person feels aggrieved by any order, requirement, decision or determination by the public officer in enforcement of this article. On or before July 1 of each year, the review board shall submit to the Mayor and City Council its budget of expenditures for the ensuring fiscal year, itemizing the expenses and amounts. The City Council shall thereupon consider the budget and make such allowances to the board as it shall determine proper and shall add the same to the general budget of the city.
(Prior Code § 7-516; Ord. 459)
Any person, firm or corporation considering themselves aggrieved by the decision of the public officer is hereby authorized and empowered to appeal to the review board in writing, within ten days from the time of the decision, notice of which appeal shall be filed with the office of the City Clerk. Upon receipt of such notice to appear, the City Clerk shall notify in writing the secretary of the board of such appeal. The board shall, within 30 days of receipt of such notice determine a date for the hearing. Notice of the date for the hearing shall be sent to the appellant at least ten days before the hearing. Every decision of the board of appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law on in equity.
(Prior Code § 7-517; Ord. 459)
Whenever a conflict arises between the provisions of this article with any provision of any zoning, building, fire, safety or health ordinance or code of the city, existing on the effective date of this article, the provisions shall prevail which establish the higher standard. If there are conflicts between this article with a provision of any other ordinance or code of the city existing on the effective date of this code which established a lower standard, then the provisions of this article shall be deemed to prevail and such other ordinances or code are hereby declared to be repealed to the extent that they may be found in conflict with this article.
(Prior Code § 7-518; Ord. 459)
If any section, subsection, paragraph, sentence, clause or phrase of this article should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall remain in full force and effect, and to this end the provisions of this article are hereby declared to be severable.
(Prior Code § 7-519; Ord. 459)
Any person who shall violate any of the provisions of this article, or who shall violate or fail to comply with any order made thereunder, or any certificate or permit issued thereunder, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not less than five days, nor more than 30 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it ta continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 857)