A.
The exterior of premises and all structures thereon shall be kept
free of all nuisances, and unsanitary conditions and free of all hazards
to the safety of occupants, pedestrians and other persons utilizing
the premises, including specifically but not by way of limitation
the following nuisances, unsanitary conditions and hazards:
(1)
Refuse. Garbage, trash, refuse, debris, dead trees or branches, or
parts thereof, yard, garden or lawn trimmings, and waste trimmings
of any kind.
(2)
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
or lack of draining or trimming, constitute a hazard to persons in
the vicinity thereof.
(3)
Overhangings. Loose and overhanging objects, and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas, and other parts of the premises which
are accessible to and used by persons on the premises.
(5)
Recurring accumulation of stormwater. Recurrent or excessive accumulation
of stormwater by reason of inadequate grading and runoff drains.
B.
The exterior of all premises and all structures thereon shall conform
to the following standards:
(1)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects, cracks and damage, and capable of bearing imposed
loads safely.
(2)
Chimneys, flue and vent attachments. Chimneys and all flue and vent
attachments shall be maintained structurally sound, free from defects,
and capable of performing at all times the functions for which they
were designed. Chimneys, flues, gas vents or other draft-producing
equipment shall provide sufficient draft to develop the rated output
of the connected equipment, shall be structurally safe, durable, smoke-tight,
and capable of withstanding the action of flue gases.
(3)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and shall be kept structurally sound, in good
repair, and free from defects.
A.
Residential. The exterior of residential premises, including dwelling
structures and accessory structures thereon, shall be maintained so
that the appearance of the premises and all buildings thereon shall
reflect a level of maintenance which shall not constitute a blighting
factor for adjoining properties nor an element leading to the progressive
deterioration of the neighborhood with an accompanying diminution
of property values, and shall conform to the following minimum standards:
(1)
Storage of commercial and industrial material. No equipment or materials
relating to commercial or industrial uses shall be stored or used
on the premises unless stored or used in a building.
(2)
Maintenance of grounds. Grounds, including lawns, shrubs and bushes,
shall be kept trimmed and shall not become overgrown and unsightly
so as to have the likelihood of having a deteriorating effect on neighboring
properties.
(3)
Signs. All signs shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be properly
maintained and, when no longer in use, shall be completely removed.
(4)
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of a quality and appearance such that the premises
will not depreciate the values of neighboring and adjoining premises.
(5)
Maintenance of appearance. The exterior of every structure, including
fences, shall be maintained in good repair, and all surfaces thereof
shall be kept painted or white washed where necessary for purposes
of preservation and appearance, and shall be maintained free of broken
glass, loose shingles, crumpling stone or brick, excessive peeling
paint or other condition reflective of deterioration, to the end that
the property itself may be preserved, safety and fire hazards eliminated,
and adjoining properties and the neighborhood protected from blighting
influences.
(6)
Front yard parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
area of premises occupied by a dwelling or hotel except on driveways
constructed and installed in compliance with applicable City ordinances.
(7)
Reconstruction and maintenance of sidewalks. Each owner of land abutting or bordering upon the sidewalks of any streets or public place shall keep the sidewalks in front of such premises at all times in a safe, passable and orderly condition, free from snow, ice, leaves, grass, weeds, or other debris or obstructions. In the case of cracked, broken or uneven sidewalks, such person shall reconstruct, replace, or reset such portion of the sidewalks so as to correct said condition in accordance with the requirements of Chapter 380 of the Code of the City of Englewood; provided, however, that the failure to make said corrections shall not constitute a violation hereof where the owner establishes by a preponderance of the evidence that said condition has resulted exclusively from the growth of publicly owned shade trees or from the installation or removal of streetlighting stanchions. In the case there is snow or ice on the sidewalks, such person shall remove the same within 24 hours after the snow shall have ceased falling or after the ice has formed.
[Added 12-2-1986 by Ord. No. 86-47; amended 3-3-1987 by Ord. No.
87-14; 8-6-2002 by Ord. No. 02-18; 4-11-2007 by Ord. No. 07-08]
B.
Nonresidential. The exterior of nonresidential premises, including
all structures thereon, shall be maintained so that the appearance
of the premises and all buildings thereon shall reflect a level of
maintenance which shall not constitute a blighting factor for adjoining
properties nor an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying deterioration
of property values, and shall conform to the following minimum standards:
(1)
Landscaping. Grounds, including lawns, shrubs and bushes, shall be
kept trimmed and free from becoming overgrown and unsightly so as
to have the likelihood of having a deteriorating effect on neighboring
properties.
(2)
Signs and billboards. All permanent signs and billboards shall be
maintained in good repair. Any signs which have excessively weathered
or faded or those upon which the paint has excessively peeled or cracked
shall, with their supporting members, be removed forthwith or put
into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
(3)
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. No storage of materials, stock or inventory
shall be permitted in window display areas ordinarily exposed to public
view unless said areas are first screened from the public view by
drapes, venetian blinds or other screenings rendering the windows
opaque to the public view. All screening of interiors shall be maintained
in a clean and attractive manner and in a good state of repair.
(4)
Storefronts. All storefronts shall be kept in good repair, shall
be painted where the material involved requires paint for proper maintenance
and shall not constitute a safety hazard or nuisance. In the event
repairs to a storefront become necessary, such repairs shall be made
with a material consistent with the remaining portion of the storefront
in such a manner as to permanently repair the damaged area or areas.
Any cornice visible above a storefront shall be kept painted, where
required, and in good repair.
(5)
Removal of signs or advertisements.
(a)
Except for "for rent" signs, any temporary sign or other paper
advertising material glued or otherwise attached to a window or windows,
or otherwise exposed to public view, shall be removed:
(b)
Except during the course of repairs or alterations, no more
than 25% of the square footage of any single window or single window
display area shall be devoted to signs or other temporary advertising
material attached to such window or window area or otherwise exposed
to public view.
(6)
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street or sidewalk or over
any portion of the premises shall be maintained in good repair, shall
not constitute a nuisance or a safety hazard and, if not properly
maintained, shall, with their supporting members, be removed forthwith.
In the event said awnings or marquees are made of cloth, plastic,
or similar materials, said cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes, provided that nothing herein shall be construed to authorize
any encroachment on streets, sidewalks, or other parts of the public
domain.
(7)
Overnight storage of vehicles repaired or in need of repairs:
[Added 9-1-1981 by Ord. No. 81-44]
(a)
No owner or occupant of any premises used in whole or part for
the purpose of repairing automobiles which is located adjacent to
or across the street from a residential district or any premises used
for residential purposes shall store overnight any vehicle repaired
or in need of repairs, except in a structure composed of walls, a
roof and doors completely shielding the interior from outside view
or in an area completely screened from the view of any such residential
premises or districts by a fence, wall, hedge or other such enclosure
which is at least five feet in height.
(b)
For the purposes of this subsection, a vehicle repaired or in
need of repairs means a vehicle which requires or required or which
the owner thereof has requested any mechanical, electrical or body
repair or servicing.
(8)
Reconstruction and maintenance of sidewalks. Each owner of land abutting or bordering upon the sidewalks of any streets or public place shall keep the sidewalks in front of such premises at all times in a safe, passable and orderly condition, free from snow, ice, leaves, grass, weeds or other debris or obstructions. In the case of cracked, broken or uneven sidewalks, such person shall reconstruct, replace or reset such portion of the sidewalks so as to correct said condition in accordance with the requirements of Chapter 380, Streets and Sidewalk; provided, however, that the failure to make said corrections shall not constitute a violation hereof where the owner establishes by a preponderance of the evidence that said condition has resulted exclusively from the growth of publicly owned shade trees planted by the City or from the installation or removal of streetlighting stanchions. In the case there is snow or ice on the sidewalks, such person shall remove the same within 24 hours after the snow shall have ceased falling or after the ice has formed.
[Added 12-2-1986 by Ord. No. 86-47; amended 3-3-1987 by Ord. No.
87-14; 8-6-2002 by Ord. No. 02-18]
A.
Residential. Every part of every structure shall be kept structurally
sound and in a good state of repair to avoid safety, health or fire
hazards and shall be kept free from termites, carpenter ants, and
similar insects.
(1)
Exterior siding and roofs. Exterior sidings, gutters, roofs and downspouts
shall be kept structurally sound, in good repair and free from defects
and loose materials.
(2)
Painting and other protective coating. All exposed surfaces susceptible
to decay shall be kept painted or otherwise provided with a protective
coating sufficient to prevent deterioration.
(3)
Weather and watertightness. Every dwelling shall be so maintained
as to be weather-tight and watertight.
(4)
Exterior walls, roofs, etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other parts of a structure
shall be so maintained as to keep water from entering the structure
and to prevent excessive drafts. Damaged materials shall be repaired
or replaced promptly, and places showing signs of rot, leakage, deterioration
or corrosion shall be restored and protected against weathering and
seepage.
(5)
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance which do not
depreciate the values of neighboring and adjoining premises.
B.
Nonresidential. The exterior of every nonresidential structure (including
fences) shall be maintained in good repair, and all surfaces thereof
shall be kept painted or whitewashed where necessary for purposes
of preservation and appearance. All surfaces shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated, and adjoining properties and the
neighborhood protected from blighting influences.
Residential and nonresidential basements, cellars, and crawl
spaces are to be free of moisture resulting from seepage, and cross
ventilation shall be maintained to prevent accumulations of moisture
and dampness.
All parts of residential and nonresidential premises shall be
maintained so as to prevent infestation and sources of infestation.
A.
Tight closing. Every window, skylight, exterior door and basement
hatchway shall be tight fitting so that, when closed, no external
draft shall be felt within, shall be maintained in good condition
and shall be fully supplied, where necessary, with glass panes or
an approved substance which is without open cracks or holes.
B.
Easily opened. Every window, other than a fixed window, shall be
capable of being easily opened and held in position by window hardware.
Every external door available as an exit shall be capable of being
opened easily from the inside without the use of a key.
C.
Supplying of screens. Properly fitting screens in good repair shall
be supplied and used in each exterior door and operable window of
each dwelling unit or rooming unit. Such screens shall have a mesh
of not less than No. 16. Screens shall not be required in rooms deemed
by the public officer to be located sufficiently high to be free of
mosquitoes, flies and other undesirable insects, or which are otherwise
protected from serving as a means of access for infestation. In all
establishments subject to licensing, and in all buildings except owner-occupied
one-family residences, screens shall be installed and maintained by
the owner or operator on all doors and windows from May 1 to October
1 of each year.
All parts of every building shall be kept in a clean and sanitary
condition free from nuisance, and free from health, safety and fire
hazards. (Residential and nonresidential unless otherwise indicated.)
A.
Freedom from accumulations and obstructions. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on or in common
stairways, areaways, fire escapes, balconies, porches, hallways, basements
or cellars.
B.
Floors, interior walls and ceilings. Floors shall be capable of safely
bearing imposed loads and shall be maintained at all times in a smooth,
clean condition, free from cracks, breaks and other hazards.
C.
Bathroom, water closet compartment and kitchen floors.
(1)
Residential. Bathrooms, water closet compartments and kitchen floors
shall be surfaced with water-resistant material and shall at all times
be kept in a dry, clean and sanitary condition, and shower room floors
shall be kept clean and sanitary.
(2)
Nonresidential. Washroom and water closet compartment floors shall
be surfaced with water-resistant material and shall be kept in a dry,
clean and sanitary condition at all times. Food preparation areas
in retail stores and eating establishments shall have walls and floors
of water-resistant material which can be easily cleaned.
D.
Cellar and basement floors. Floors of basements and cellars shall
be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards and free from water
seepage.
E.
Supporting structural members. Supporting structural members shall
be structurally sound, free of deterioration and capable of bearing
imposed loads safely.
F.
Walls and ceilings generally. Walls and ceilings shall be kept clean
and free from cracks, breaks, loose plaster and similar conditions.
Walls and ceilings shall be provided with paint, paper, sealing material
or other protective covering and shall be kept clean, free of visible
foreign matter, sanitary, and well-maintained.
G.
Stairs and railings. Interior stairs of every structure shall be
structurally sound and free from defects. Handrailings or banisters
shall be provided for all stairs of more than 30 inches total rise
and for balconies, fire escapes and stairwells; and the handrails
or banisters shall be securely attached, maintained free from defects
and of sufficient height to guard against accidents and to be appropriate
for use by persons of normal height utilizing the stairway. Stairs
shall be adequately lighted in all places with control switches operable
from each story to permit safe use at night for persons ascending
or descending, except where artificial lighting for hallways and common
areaways is supplied in accordance with state law from a master control
switch.
H.
Garbage containers to be supplied for each occupant. Each residential
dwelling unit containing cooking facilities shall be provided with
a watertight noncombustible container with a tight-fitting lid for
the temporary storage of rubbish, garbage and other refuse, and said
container shall remain covered at all times.
I.
Garbage containers for exterior of building. Where there is an occupied
residential dwelling unit other than the one occupied by the owner,
the owner shall supply a waterproof, noncorrosive, noncombustible
container and cover at the exterior of the premises for the removal
of garbage and refuse, and garbage from the premises shall be placed
in such container, which shall remain securely covered at all times.
J.
Responsibility for removal.
K.
Accumulating refuse and nonfireproof storage prohibited.
(1)
Residential. Storage bins, storage rooms and storage areas shall not be used for the accumulation of garbage or refuse, except that enclosed spaces or rooms in the interior of a dwelling which are used exclusively as garbage collection points equipped with garbage containers complying with Subsection H of this section from which room or space containers are removed by the janitor at least once daily, shall be permitted. Inflammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by the regulations of the Fire Department, and then only in such quantities and in such fireproof storage containers as may be prescribed by such regulations.
(2)
Nonresidential. Storage bins, storage rooms and storage areas shall
not be used for the accumulation of garbage or refuse. Inflammable
or combustible liquids or other materials may not be stored on the
premises unless they are of a type approved for storage by the regulations
of the Fire Department, and then only in such quantities and in such
fireproof storage containers as may be prescribed by such regulations.
L.
Storage areas. In dwellings containing four or more dwelling units,
storage areas or storage bins shall be of fireproof construction and
contain fireproof walls and partitions of at least two hours rating.
Excessive accumulations of combustible materials are prohibited and
responsibility for removal thereof shall be with the owner and operator
of the premises as well as the occupant to whom such materials belong.
M.
Janitorial services (residential).
(1)
In every dwelling containing six or more dwelling units or rooming
units, or combination thereof, the owner or operator shall provide
or designate a superintendent, janitor, caretaker or housekeeper who
shall at all times maintain the premises in compliance with this code,
keep all common areas of the premises in good repair and in safe,
sanitary and orderly condition, keep the premises free from filth,
garbage, refuse and rubbish, and be responsible for the daily collection
of garbage and other refuse from the occupants on a regular schedule
and at a reasonable time, and the placing of same outside for collection
in accordance with the provisions of applicable ordinances and regulations.[1] Such person shall be regularly available on the premises
to perform the foregoing duties.
(2)
In any premises containing 16 or more dwelling units, rooming units
or combination thereof, the superintendent, janitor, caretaker or
housekeeper shall reside on the premises, and in any premises containing
25 or more dwelling units, rooming units or combination thereof, such
superintendent, janitor, caretaker or housekeeper shall be a full-time
employee who shall reside on the premises. The phrase "full-time employee"
as used herein shall mean an employee whose primary occupation is
performing the customary duties of a superintendent, janitor, caretaker
or housekeeper for a minimum of 35 hours per week.
(3)
The superintendent, janitor, caretaker or housekeeper shall have
sufficient knowledge, competence and responsibility, and shall have
authority from the owner or operator, to attend to or arrange for
continual operation of all essential services and facilities required
under this code. Where violations arise under this code, and by reason
of same the public officer is doubtful of the qualifications, competence
and sense of responsibility of any superintendent, janitor, caretaker
or housekeeper, he shall provide notice to the owner or operator and
to the superintendent, janitor, caretaker or housekeeper and thereafter
shall hold a hearing to determine the qualifications, and competence
of such person. In the event the public officer shall find such person
is not capable or competent to perform regularly the duties required
by this code, the public officer shall order the owner or operator
to provide a suitable person to be placed in charge of and be responsible
for said premises.
(4)
In the event the superintendent, janitor, caretaker or housekeeper
shall not reside on the premises, the owner or operator shall make
his name, address and telephone number known to all tenants and shall
register same with the public officer, and shall also make available
and known to all tenants and to the public officer the name of an
alternative individual who shall be responsible during the absence
of the superintendent, janitor, caretaker or housekeeper.
(5)
On all premises, the owner or operator shall provide in writing to
each tenant an emergency telephone number or numbers which the tenant
may call at any time of day or night when the superintendent, janitor,
caretaker or housekeeper is not immediately available, when any emergency
respecting essential services arises. Such emergency telephone number
or numbers shall, in addition, be posted in a prominent location on
the premises and shall be filed with the Department of Building and
Code Enforcement, the Board of Health, the Police Department and the
Fire Department of the City. When there is any change in said emergency
telephone number or numbers, the owner or operator shall immediately
notify each tenant and each City department and agency above-mentioned
of said change and shall promptly amend the aforesaid posted notice.
(6)
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this code nor shall such noncompliance
or disobedience constitute a defense to a charge of violation of this
code made against any owner or operator.
(7)
The words "superintendent, janitor, caretaker or housekeeper" as
used in this section shall mean a specific person and shall not be
construed to apply collectively or jointly to a husband and wife,
or to any other combination of family members or other groups of individuals,
unless some one of said persons independently and individually meets
the criteria hereinabove set forth.
(8)
In lieu of the requirements set forth in Subsection M(1) and (2) hereof, the owner of any dwelling unit which is rented or leased to a residential tenant within a residential structure under condominium or cooperative ownership shall, with respect to each such dwelling unit, provide for janitorial services to maintain the premises in compliance with this code and to provide emergency essential services respecting such dwelling unit. The owner of each such unit shall comply with the provisions of Subsection M(3) through (7), inclusive.
[Added 12-14-1987 by Ord. No. 87-53]
(9)
Any condominium or cooperative association having control over any common areas respecting any residential premises under condominium or cooperative ownership shall provide janitorial service to maintain the common areas of the premises in compliance with this code and to provide other emergency essential services for and within the responsibility of the condominium or cooperative association. A condominium or cooperative association may contract with a managing agent or agency to provide the aforesaid services; provided, however, that said managing agent or agency and the condominium or cooperative association comply with the requirements of Subsection M(3) through (7) hereof and furnish notice thereof to the owners and occupants of each dwelling unit within said premises.
[Added 12-14-1987 by Ord. No. 87-53]
N.
All yards, courts, parking spaces and open areas appurtenant to dwellings
containing four or more dwelling units, and all means of ingress to
and egress from such dwellings, shall be provided, from sunset to
sunrise, with sufficient artificial light so that all such areas shall
be illuminated with an intensity of not less than 0.5 candles (lumens)
as measured at the lowest levels of all parts of such areas.
[Added 3-6-1979 by Ord. No. 79-03]
A.
Utilities generally (residential and nonresidential).
(1)
Adequate supply of City water. Every facility using running water
for domestic purposes within any building shall be connected to the
public water supply system of the City, and the water system shall
be maintained in good and operable condition at all times so that
sufficient and positive pressure shall be available at a minimum of
15 pounds per square inch and one gallon per minute at all installed
hot and cold water faucets at all times, and so that water shall not
be contaminated or made unpalatable by any foreign substance.
(2)
Hot and cold water. Every kitchen sink, bathroom sink, basin, tub
and shower required under this code shall be connected to both hot
and cold waterlines. There shall be sufficient and adequate automatic
equipment maintained in good working condition so as to supply water
at a minimum temperature of 140° F. at all times to each hot water
outlet.
(3)
Facilities required in bathroom. Every bathroom required under this code shall be provided with a flush toilet, connected to the cold waterline, and a shower or tub and a washbasin connected to running water as set forth in Subsection A(2) above. Bathrooms shall also be provided with adequate light and ventilation as more particularly set forth in Subsection B(2) and (3).
(4)
Maintenance of plumbing facilities. Every facility required under Subsection A(1), (2) and (3) above shall be maintained in a sanitary condition, free of defect and in operating condition at all times. Where the said facility or plumbing fixture shall be clogged, shall overflow or shall otherwise require repairs, such repairs shall be performed forthwith.
(5)
Connection to sanitary sewer. All plumbing fixtures shall be connected
to the sanitary sewer through lines which are free of leaks, corrosion
or deterioration, and which shall provide unobstructed passage from
the plumbing facilities within the dwelling to the sanitary sewer.
(6)
Bathroom requirements for dwelling units. Every dwelling unit shall contain a bathroom which shall be located entirely within that unit and which shall be completely enclosed, containing the facilities set forth in Subsection A(3) above in a room which affords privacy to the occupants thereof.
[Amended 5-20-1986 by Ord. No. 86-19]
(7)
Bathroom requirements for independent rooming units. There shall be a bathroom meeting the requirements set forth in Subsection A(6) above which shall be directly accessible to a common hallway or areaway which is either on the same floor as, or is one floor above or below, all rooming units it is designed to serve and which hallway is directly accessible to the occupants of all such rooming units without passing through any other dwelling unit or rooming unit. The number of bathrooms required for persons who do or may occupy the rooming units shall be as follows:
|
Number of Bathrooms
|
Occupants To Be Accommodated
| |
|---|---|---|
|
1
|
1 to 6
| |
|
2
|
7 to 12
| |
|
3
|
13 to 18
| |
|
4
|
19 to 24
|
(8)
Heating facilities and duty to supply heat. Every dwelling unit shall
contain an automatic central heating unit with sufficient capacity
to maintain a minimum inside temperature of 70° F. in all habitable
rooms, bathrooms and water closet compartments, measurable 36 inches
above the floor at the center of any such room or compartment, when
the outside temperature is 0° F. Where the facilities are found
to be of inadequate size or capacity to accomplish the foregoing,
then the owner or operator shall, at the direction of the public officer,
either increase the capacity of the heating system or close off habitable
space so that the standard as established herein shall be met, provided
that such space can be removed as habitable space without creating
a violation of the standards established by this code.
(9)
Where central heating required. Central heating shall be required
in all dwellings.
(10)
Storage of fuels. Fuel for operation of the heating equipment
shall be stored in a place and manner consistent with applicable Fire
Prevention Codes and regulations.
(11)
Conversions prohibited during winter. No heating units shall
be converted in any dwelling, or part thereof, between October 1 and
May 1, where there are occupants other than the owner or operator
dependent on heat from the unit, without written consent of all such
occupants, but nothing herein shall be construed as preventing emergency
alterations or repairs.
(12)
Side-arm gas water heaters. No side-arm gas water heaters shall
be installed. Existing side-arm gas water heaters installed prior
to July 1, 1967, may remain in use if installed in separate enclosed
and ventilated spaces which are not part of the normal living area
of a dwelling unit or rooming unit.
(13)
Installation and maintenance of heating facilities. Heating
equipment shall be installed, operated and maintained in a manner
which will avoid dangerous concentration of fumes and gases. Heating
equipment shall not be forced to operate beyond the safe capacity
for which it is designed. Where necessary, exposed heating risers,
heating ducts and hot water lines shall be covered with an insulating
material or guard. The heating facilities and all parts thereof shall
be kept in good operating condition, free of defects, corrosion and
deterioration at all times.
(14)
Requirements for providing heat from September 1 to May 31.
Between September 1 and May 31 the interior of every dwelling unit
or rooming unit and every bathroom unit shall be maintained at a minimal
temperature of 68° F.
[Amended 6-7-1979 by Ord. No. 79-27[1]]
[1]
Editor's Note: This ordinance also repealed original
Subsection (o), "Entire day"; "entire evening," which immediately
followed this subsection.
(15)
Where owner not required to supply heat. Any owner or operator
who has an express contractual arrangement with an occupant under
which the occupant undertakes to supply his own heat through central
heating facilities under the occupant's exclusive control shall
be excepted from the requirements to supply heat hereunder.
(16)
Duty to maintain equipment. Notwithstanding a contract by the occupant to supply his own heat as provided herein, where the heating unit is installed by or owned by the owner or operator, then the duty to maintain the same in operable and functioning condition with the capacity described in Subsection A(8) above shall remain the duty of the owner or operator.
(17)
Presumption against contract by occupant to supply own heat.
The presence of heating outlets, radiators, risers or returns in any
hall or dwelling unit or rooming unit shall constitute a presumption
that the owner is to supply heat as required hereunder, and in the
absence of clear and convincing proof to the contrary, this presumption
shall control.
(18)
Where occupant required to supply heat as owner. Occupants who
undertake to supply heat to dwelling units or rooming units other
than their own shall have the same responsibility to the occupants
of such dwelling units or rooming units as owners hereunder.
B.
Lighting, electrical fixtures and ventilation.
(1)
Habitable rooms, windows and skylights (residential). Every habitable
room shall have at least one window or skylight facing directly to
the outdoors. The minimum aggregate window or skylight area available
to unobstructed light shall not be less than 10% of the floor area
of such rooms or 10 square feet, whichever is greater. The window
or skylight shall either open to 50% of the required area or be supplied
with a mechanical ventilation system of sufficient capacity for incoming
or outgoing air to assure comparable ventilation. Openings for ventilation
as required herein shall include windows, skylights, louvers, monitors
or other openings, provided that all such openings are easily operable
by the occupants.
(2)
Bathrooms and water closet compartments. Every bathroom and water
closet compartment shall be adequately ventilated with openable areas
equal to 10% of floor area or three square feet, whichever is greater,
or by comparable automatic mechanical ventilation equal to six air
changes per hour.
(3)
Lighting; electrical services.
(b)
Outlets in habitable rooms. Permanent lighting fixtures, controlled
by wall switches, shall be installed in kitchens, dining rooms, bathrooms
and halls. Other habitable rooms, including living rooms and bedrooms,
shall include either permanent lighting fixtures controlled by wall
switches or receptacles to receive table or floor lamps.
(c)
Lighting fixture requirements for bathroom, water closet compartment
and washrooms. Every bathroom and water closet compartment in a dwelling
and every washroom and water closet compartment in a nonresidential
structure shall be provided with permanently installed artificial
lighting fixtures with a switch and wall plate so located and maintained
that there is no danger of short-circuiting from water from other
bathroom facilities or from splashing of water.
(d)
Lighting of common spaces other than habitable rooms, bathrooms and water closet compartments (residential). Lighting of hallways, stairway, landings and other spaces used by occupants in common as a normal means of passage shall be sufficient to provide at least five footcandles (five lumens) measured in the darkest portion. Light switches for stairs and hallways shall be readily accessible to occupants using the same and shall be located so as to comply with § 317-18G. Every cellar, basement, workspace, and other part of the structure used occasionally and incidentally by the occupants shall be provided with artificial lighting available at all times so that there shall be at least three footcandles (three lumens) measured in the darkest portion trafficked by occupants.
(e)
Loose or exposed wiring. Except as hereinafter stated, all wiring
or cables shall be properly affixed or attached to the structure.
Insulation shall be provided for all wiring and cables and kept in
good repair.
(f)
Replacement of light bulbs. All required lighting fixtures shall
be supplied at all times with functioning light bulbs of sufficient
wattage to supply the lumen requirements of this code.
(g)
Fuses and protective devices. A statement of the maximum fuse
sizes consistent with safety shall be posted conspicuously on the
inside cover of all fuse boxes, and no fuse shall be installed therein
in excess of the stated maximum.
(h)
Overloading of circuits. Overloading of circuits is prohibited.
Where the public officer finds after notice and hearing that by reason
of the appliances and fixtures attached to or operating from a particular
line there is continuing overloading of such electrical line, the
owner shall be required to install a line of sufficient capacity to
absorb the load to which the line is subjected or otherwise eliminate
the conditions causing the overload. For purposes of this subsection,
the public officer may consider the peak seasonal load to which the
line is subjected.
(4)
Suspension of services and utilities (residential). No owner, operator
or occupant shall cause any service, facility, equipment or utility,
which is required to be supplied by the provisions of this code, to
be removed from or discontinued for any occupied dwelling unit or
rooming unit, except for necessary repairs, alterations or emergencies,
or for such other reason as may be permitted pursuant to those sections
of the City ordinances or codes applicable to such service, facility,
equipment or utility.
A.
Dwelling units. Every dwelling unit shall contain a minimum superficial
floor area of 150 square feet for the initial occupant and 100 square
feet for each occupant thereafter, except that for the purpose of
this section, children under one year of age shall not be counted
as occupants. The minimum overall height of the area to be included
in this calculation shall be seven feet six inches from floor to ceiling.
B.
Minimum ceiling height. Habitable rooms in existing buildings shall
have a clear ceiling height of not less than 7 1/3 feet, except that
in attics or top half stories, the ceiling height shall be no less
than seven feet over no less than 2/3 of the floor area when used
for sleeping, studying or similar activities. In calculating the floor
area of such rooms, only those portions of the floor area of the room
having a clear ceiling height of five feet or more may be included.
C.
Lesser area permitted for efficiency apartments (apartment in which living and sleeping quarters are combined). Efficiency apartments may have a minimum superficial floor area 5% less than that required under Subsection A above, provided that the unit is designed in conformity with modern efficiency standards of use of space to accommodate kitchen facilities, living and sleeping facilities and utilities, and the apartment is constructed of fire-resistive materials having a two-hour rating.
D.
Required space in sleeping rooms. Except as required under Subsection
W below, every room utilized for sleeping purposes shall have a minimum
superficial floor area of 90 square feet for the initial occupant
and 40 square feet of additional superficial floor area for each additional
occupant, except that children under one year of age shall not be
counted as occupants for the purpose of this subsection.
E.
Additional area required in sleeping rooms. Rooms rented or available
for rent in establishments subject to licensing and which are utilized
for sleeping purposes shall have a minimum superficial floor area
of 90 square feet for the first occupant and 70 square feet for each
additional occupant.
A.
Use of cellars for living quarters is prohibited.
B.
Basements may be utilized for living quarters, provided that:
(1)
There is sufficient light and ventilation as required by § 317-19B(1) through (3) and natural light and ventilation are not restricted by reason of walls or other obstructions located within six feet of any required window.
(2)
All furnaces or other heating facilities are so located, insulated
and separated from living areas by fireproof partitions or walls as
to conform with all fire regulations and not to constitute a hazard
to the safety and health of the occupants.
(3)
The dwelling units and all walls and floors thereof are free of visible
moisture and seepage at all times.
A.
Dwelling units. A dwelling unit shall be occupied only by persons
composing a single nonprofit housekeeping unit.
B.
Independent rooming units. Independent rooming units shall be rented
for occupancy or occupied by adults and emancipated minors only.
C.
One-room dwelling units or rooming units. Occupancy of dwelling units
or rooming units having only one habitable room shall be limited to
two persons.
D.
Occupancy standards to be cumulative. No occupancy standard set out
herein shall be construed as permitting occupancy in violation of
any other occupancy standard, all occupancy standards being cumulative
and not in the alternative.
A.
Dwelling units. Every dwelling unit shall have a bathroom containing
a toilet, washbasin, bathtub or shower shall be equipped with private
kitchen facilities, which shall include a cooking stove in proper
working order, and shall comply with such other requirements as are
set forth elsewhere in this code.
B.
Independent rooming units.
(1)
Bathrooms. Bathrooms containing all facilities required under § 317-19A(3) shall be provided for occupants of independent rooming units in accordance with section § 317-19A(7).
(2)
Minimum sanitary facilities for cooking. No cooking shall be permitted
in any dwelling unit unless there shall be the following:
(a)
Kitchen sink of nonabsorbent impervious material and a drain
board; the sink to be connected to the hot and cold waterlines.
(b)
A waterproof washable container for garbage disposal equipped
with a lid or cover to prevent infestation.
(c)
Appropriate facilities for storage of food and either gas or
electric refrigeration.
(d)
Means of ventilation sufficient to remove cooking odors to the
exterior of the premises.
C.
Community cooking facilities. Cooking facilities serving more than
one dwelling unit shall be permitted only in premises licensed for
that purpose.
[Added 7-21-1981 by Ord. No. 81-33]
No person owning or occupying any building or property within
the City shall maintain or construct, or suffer or permit the maintenance
or construction, of any artificial lighting upon any such building
or property in such a manner as to produce glare at the exterior lot
lines of the premises or be a nuisance or an annoyance to neighboring
properties. Specifically, but not by way of limitations, the following
acts are hereby declared to constitute nuisances and annoyances and
are hereby prohibited:
A.
The positioning of a floodlight or spotlight so as to directly illuminate
a neighboring building or premises.
B.
The permitting of any light source to illuminate in excess of 1/2
footcandle beyond the exterior of lot lines of the premises.
C.
The maintenance or construction of any exterior light fixture within
property used for residential purposes in excess of 14 feet above
ground level or within property used for commercial, industrial or
public facility purposes in excess of 18 feet above ground level.
D.
The maintenance or construction of any light source in excess of
100 watts unless shielded from the sight of neighboring properties.
