The text
Sec. 26-1. - Short title.#
This chapter shall be known as the Minimum Standard Housing Code.
(Code 1971, § 10-1)
Sec. 26-2. - Definitions.#
In the interpretation and enforcement of this chapter, all words other than the terms herein specifically defined shall have the meanings implied by their context in this chapter or their ordinarily accepted meaning as generally used. The following definitions shall apply in the interpretation and enforcement of this chapter and of any rules and regulations adopted pursuant thereto:
Approved means as defined and specified by the director in rules and regulations adopted pursuant to the provisions of this chapter.
Basement means that story of a building or dwelling located wholly or partly underground, but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.
Board means the housing board of review.
Cellar means a portion of a building or dwelling 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, as measured from finished floor to finished ceiling.
Director means the director of the division of minimum housing standards.
Dwelling means any building or part thereof which is wholly or partly used or intended to be used for living and sleeping by one or more occupants. A dwelling may include one or more dwelling units or rooming units or a combination of both.
Dwelling premises means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
Dwelling unit means any room or group of rooms within a dwelling and forming a single and separate habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Floorspace means the horizontally projected floor area inside of and between exterior walls or partitions or any combination thereof, as measured within a habitable room, exclusive of that portion of the habitable room which does not have a ceiling height of at least four feet.
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Habitable room means a room or enclosed floorspace used or intended to be used for living, or sleeping, or cooking, or eating purposes; and excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers, communicating corridors, closets, and storage space.
Hot water means water maintained at not less than 120 degrees Fahrenheit.
Infestation means the presence, within or around a dwelling or dwelling premises, of rodents, vermin or pests.
Occupant means any person over one year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
Operator means any person who has charge, care or control of a multiple dwelling or roominghouse, in which dwelling units or rooming units are let or offered for occupancy.
Owner means any person who, alone or jointly, or severally with others: (1)
Shall have legal or record title to any dwelling or dwelling premises; or
(2)
Shall have charge, care or control of any dwelling or dwelling premises as agent of the owner, executor, administrator, trustee or guardian of the estate of the owner.
Plumbing means and includes all of the following supplies, facilities, equipment and devices: gas pipes, hot water pipes and cold water pipes, toilets, lavatories, sinks, laundry tubs, installed dishwashers, garbage disposal units, installed clothes washing machines, catchbasins, washbasins, bathtubs, showerbaths, waste pipes, cesspools, septic tanks, drains, vents, traps and any other gas-burning or water-using fixtures and appliances, together with all connections to water, waste or gas pipes.
Proper and properly have the meaning defined or specified herein or in rules and regulations adopted pursuant hereto; or, when not so defined or specified, in accordance with the applicable ordinances of the city.
Rooming unit means any room or group of rooms forming a single habitable unit rented or intended to be rented for living purposes.
Roominghouse means any dwelling, or part thereof, which contains one or more rooming units, in which space is rented or intended to be rented to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
Rubbish means combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
Seasonal dwelling units means dwelling units regularly occupied for less than five months of the year and that are not the permanent residences of the occupants.
Supplied and supply means paid for, furnished by or provided by the owner or operator.
(Code 1971, § 10-2)
Cross reference— Definitions generally, § 1-2.
Sec. 26-3. - Findings and policy.#
It is hereby declared that there exist in the city numerous dwellings which are substandard in one or more important features of structural safety, sanitary facilities and maintenance, and healthful occupancy; and that these conditions, together with the inadequate provision for light and air, insufficient protection against fire, unsanitary conditions, lack of proper heating, overcrowding of dwellings, deterioration and disrepair of dwellings and dwelling premises, and the occupancy of unfit dwellings, endanger the health, safety, morals, and general welfare of the community, and give impetus to the continuation, extension and aggravation of urban blight and decay. It is further declared that the establishment and enforcement of minimum housing standards, and the rehabilitation of housing, are essential to the public health, safety, and general welfare.
(Code 1971, § 10-3)
Sec. 26-4. - Purpose.#
The purpose of this chapter shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings and dwelling premises; and fixing the conditions whereby certain dwellings may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of the provisions of this chapter.
(Code 1971, § 10-4)
Sec. 26-5. - Applicability.#
Every portion of a dwelling and its premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter and with the rules and regulations adopted pursuant thereto, irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling, or for the installation or repair of dwelling equipment or plumbing prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and does not replace or modify standards otherwise established for the construction, repair, or use of buildings or the installation of building equipment or plumbing except as they may be in conflict with the provisions of this chapter as provided by section 26-6.
(Code 1971, § 10-5)
Sec. 26-6. - Conflicting provisions.#
In any case where a provision of this chapter or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto, or any other ordinance, code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(Code 1971, § 10-6)
Sec. 26-7. - Issuance of permits and licenses in conflict with chapter.#
(a)
All departments, officials and employees of the city which have the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling premises or dwelling equipment or facilities shall conform to the provisions of this chapter, and no permit or license for any construction, installation, repair, use or occupancy shall be issued if such would be in conflict with the provisions of this chapter, except as provided in section 26-6. Any permit or license in conflict with the provisions of this chapter, except as provided in section 26-6, shall be null and void.
(b)
Permit applications for the alteration of existing residential dwellings of four units or less shall be processed as expeditiously as possible, following the submission of all required information to the building department. In order to alleviate foreseeable delays, and to minimize inconvenience to the applicant, the department shall provide a packet to the applicant, which will be a complete list of all information needed by the department to process the permit.
(Code 1971, § 10-7; Ord. No. O-09-12, § I)
Sec. 26-8. - Prosecution of existing violations.#
This chapter shall not affect violations of any other ordinance, code, or regulation of the city existing prior to the effective date of this chapter, and such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed.
(Code 1971, § 10-8)
Sec. 26-9. - Penalty; additional remedies; chronic violators.#
(a)
Any person who shall violate any provision of this chapter or any provision of any rule or regulation adopted pursuant to authority granted by this chapter shall upon conviction be punishable as provided in section 1-4, and each day's failure to comply with any such provision shall constitute a separate violation. The city solicitor shall, upon complaint of the director, institute injunction, abatement, or other appropriate actions or proceedings at law or in equity to restrain, prevent, enjoin, abate, correct, or remove such violations. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(b)
Whoever shall be found in violation of the provisions of this article on three or more occasions shall be deemed a chronic violator and shall be punishable with a mandatory fine of $300.00 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Code 1971, § 10-9; Ord. No. O-99-33, § I, 7-19-99; Ord. No. O-08-3, § I, 1-15-08)
Sec. 26-10. - Determination of location of utilities prior to commencement of excavation.#
(a)
All persons desiring to take out a building permit for any construction work on and around any and all private or public property, including, but not limited to, all streets and roadways belonging to the city, that involves excavation or earth removal are required to sign an affidavit that they have contacted Digsafe to delineate all public utilities prior to the commencement of any work and to post proof of such contact and delineation on the work site.
(b)
Any person who violates the provision of this section shall be subject to a penalty of $200.00 for the first offense, and not less than $500.00 or more than $1,000.00 for any subsequent offense.
(Code 1971, § 10-10)