[Code 1961, § 3.15.02; Ord. No.
79-5, 6-7-1979]
The following definitions shall apply in the interpretation
and enforcement of this article:
As applied to a material, device or method of construction,
approved by the Town Manager under the provisions of this article,
or approved by other authority designated by law to give approval
in the matter in question.
A portion of a building located partly underground, but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion or a building 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.
Any building which is used, designed or constructed to be
used in whole or in part for living, sleeping, cooking and eating
by human occupants; provided that temporary housing as hereinafter
defined shall not be regarded as a dwelling.
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.
An arrangement of exit facilities to assure a safe means
of exit from buildings.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the Director of Health or the
state department of health services.
All putrescible waste, except sewage and body waste, including
vegetable and animal offal and carcasses of dead animals.
The total area of all habitable space in a building or structure.
A room or enclosed floor space used, designed or constructed
to be used for living, sleeping, working, or eating purposes excluding
bathrooms, water closet compartments, laundries, furnace rooms, pantries,
kitchenettes and utility rooms of less than 50 square feet of floor
space, foyers, or communicating corridors, stairways, closets, storage
spaces, and workshops, hobby and recreation areas.
A building or group of buildings providing lodging for persons,
with or without meals, and intended, designed, and used primarily
for the accommodation of transients.
The presence, within or around a dwelling of any insects,
rodents or other pests injurious to health.
Any dwelling containing more than two dwelling units.
Any person living, sleeping, cooking, or eating in or having
actual possession of a dwelling unit or rooming unit.
Any person who has charge, care, control, or management of
a building or part thereof, in which dwelling units or rooming units
are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any premise, dwelling
or dwelling unit, as owner or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee, or guardian of
the estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this article,
and of rules and regulations adopted pursuant thereto, to the same
extent as if such person were the owner.
Whenever the words dwelling, dwelling unit, rooming house,
rooming unit, or premises, are used in this article, they shall be
construed as though they were followed by the words "or any part thereof."
All of the following supplied facilities and equipment: gas
pipes, gas burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, and any other similar supplied fixtures, and
the installation thereof, together with all connections to water,
sewer or gas lines.
A lot, plot or parcel of land including the buildings or
structures thereon.
The existence of conditions which permit an individual or
individuals to carry out an activity commenced without interruptions
or interference, either by sight or sound by unwanted individuals.
The hours between 8:00 a.m. and 5:00 p.m.
Any dwelling, or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to more than three persons who are not husband or wife, son or daughter,
mother or father, or sister or brother of the owner or operator; provided
that hospitals, homes for the aged, and other institutions licensed
by the state department of health services under Chapter 333, (Section
19-1 et seq.) of the General Statutes shall not be regarded as rooming
houses or as subject to the provisions of this article.
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. This meaning shall include but not be limited
to rooming units located in rooming houses, hotels and motels.
All nonputrescible waste materials (except ashes) including
but not limited to paper, cardboard, tin cans, wood, glass, bedding,
crockery, refrigerators, junk automobiles, demolition material, tree
limbs, and industrial wastes.
Any tent, trailer, mobile home or any other structure used
for human shelter which is designed to be transportable and which
is not attached to the ground, to another structure, or to any utility
system on the same premises for more than 30 consecutive days.
[Code 1961, § 3.15.03; Ord. No.
79-5, 6-7-1979]
(a)
The Town Manager is hereby authorized and directed to determine the
condition of dwellings, dwelling units, rooming units, and premises
located within the Town, in order to perform such officer's duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections
the Town Manager is hereby authorized to enter, examine, and survey
at all reasonable times all dwellings, dwelling units, rooming units
and premises.
(b)
The owner or occupant of every dwelling, dwelling unit, and rooming
unit, or the person in charge thereof, shall give the Town Manager
free access to such dwelling, dwelling unit or rooming unit and its
premises, at all reasonable times for the purpose of such inspection,
examination and survey.
(c)
Such inspection, examination or survey shall not have for its purpose
the undue harassment of said owner or occupant, and such inspection,
examination or survey shall be made so as to cause the least amount
of inconvenience to said owner or occupant consistent with an efficient
performance of the duties of the Town Manager.
(d)
To ensure further that the policy of this article, which is to achieve
compliance through cooperation of owners and occupants, be successfully
maintained, it shall be the practice of the Town Manager whenever
practicable, to provide reasonable advance notice to owners and/or
occupants of projected blanket inspection or inspections of a routine
nature.
(e)
Whenever an owner, occupant or person in charge of a dwelling, dwelling
unit, rooming unit or premises shall deny the Town Manager right of
entry for the purpose of inspection, examination or survey, the Town
Manager shall not so enter until such officer presents a duly issued
search warrant, describing the dwelling, dwelling unit, rooming unit
or premises, to the owner, occupant or person in charge thereof.
(f)
Nothing in this section shall be construed to preclude the entry
of the Town Manager at any time, when, in such officer's judgment,
an emergency tending to create an immediate danger to the public health,
welfare or safety exists, or when such entry is requested by the owner,
occupant or person in charge of the dwelling, dwelling unit, rooming
unit or premises, or when the Town Manager presents a duly issued
search warrant to said owner, occupant or person in charge thereof.
(g)
Each occupant of a dwelling or dwelling unit shall give the owner
thereof, or the owner's agent or employee, access to any part
of such dwelling or dwelling unit or its premises, at all reasonable
times for the purpose of making such repairs and/or alterations as
are necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant to the provisions of this article.
[Code 1961, § 3.15.04; Ord. No.
79-5, 6-7-1979]
(a)
Whenever the Town Manager determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article, such officer shall give notice of such alleged violation
to the person responsible therefor, as hereinafter provided. Such
notice shall:
(1)
Be in writing;
(2)
Set forth the alleged violations of this article;
(3)
Specify a specific date for the correction of any alleged violation;
(4)
Be served upon the owner or the owner's agent, or the occupant,
as the case may require; provided, such notice shall be deemed to
be properly served upon such owner or agent, or upon such occupant,
if a copy thereof is sent by certified mail to such person's
last known address; or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by this notice; or if such
person is served with such notice by any other method authorized or
required under the laws of this state; and
(5)
Contain an outline of remedial action which, if taken, will effect
permanent compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
(b)
At the end of the period of time allowed for the correction of any
alleged violations, the Town Manager shall reinspect the dwelling
or dwelling unit described in the notice.
(c)
If upon reinspection the violations are determined not to have been
corrected, the Town Manager shall initiate legal proceedings for the
immediate correction of the alleged violations or shall institute
legal proceedings to cause the dwelling or dwelling unit to be vacated
without delay.
[Code 1961, § 3.15.05(a), (b); Ord. No. 79-5, 6-7-1979; Ord. No. 81-4, § 1, 3-23-1981; Ord. No. 84-2, § 1, 3-19-1984]
(a)
There is hereby created a Housing Code Board of Appeals which shall
consist of five persons, qualified by education and experience in
the building and/or health profession who shall have the duty, responsibility
and authority to decide the matters referred to them. Said persons
shall also serve concurrently as members of the building Board of
Appeals and shall meet the qualifications for building Board of Appeals
membership set forth in the Building Code of the state of Connecticut.
Housing Code Board of Appeals members shall be appointed for a period
of five years by the Town Council; except that during the initial
period of concurrent membership on both Boards, the Housing Code Board
of Appeals terms shall be amended as follows: One term shall expire
on October, 1981; one term shall expire on October, 1982; one term
shall expire on October, 1983; one term shall expire on October, 1984;
one term shall expire on October, 1985. Appointment thereafter shall
be for a period of five years.
(b)
The Housing Code Board of Appeals shall adopt reasonable rules and
regulations for the conduct of its meetings and investigations and
shall render all decisions and findings in writing to the Town Clerk
and all decisions and findings shall be made a part of the public
record.
(c)
The Building Code Board of Appeals shall follow the rules and regulations
for the conduct of its meetings and investigations as set forth in
the Building Code of the state of Connecticut.
[Code 1961, § 3.15.05(c) — (f); Ord. No. 79-5, 6-7-1979; Ord. No. 92-2, §§ 1 — 3, 4-6-1992]
(a)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article may request
and shall be granted a hearing on the matter before the Housing Code
Board of Appeals, provided that such person shall file in the office
of the Chairman of the Board a written petition requesting such hearing
and setting forth a brief statement of the grounds for such within
15 days after the day the notice was served. Upon receipt of such
petition the Chairman of the Board shall set a date, time and place
for such hearing and shall give the petitioner, the owner of the land
as shown on the records of the Assessor, the owner of the building,
if separately identified on said records, and any person who has made
a written request for written notification, notice in writing, certified
mail, return receipt requested, postmarked not less than five days
before the date set for the hearing. The address as shown on the Assessor's
records or in the file of the Board may be used in compliance with
this provision. In addition, the Chairman shall cause notice to be
published in a newspaper having a general circulation in the Town
of Windsor at least once not less than five days before the date of
the hearing. The notices shall indicate the date, place, time and
subject matter of any hearing before said Board.
(b)
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted.
(c)
The hearing shall be commenced not later than 30 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 thirty-day period, if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement, but in no event shall said hearing be postponed longer
than 30 additional days.
(d)
Such hearing shall be had before the Housing Code Board of Appeals.
Said Board, by a majority vote, shall sustain, modify or withdraw
the notice; it may also grant an extension or variance in accordance
with the following conditions:
(1)
The time for performance of any act required by the notice may be
extended for not more than 12 months subject to appropriate conditions
and where the Board makes specific findings of fact based on evidence
relating to the particular case:
(2)
A variance may be granted in a specific case and from a specific
provision of this article subject to appropriate conditions and where
the Board makes specific findings of fact based on evidence relating
to the particular case:
a.
That there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provisions;
b.
That the effect of the application of the provision would be arbitrary
in the specific case;
c.
That an extension would not constitute an appropriate remedy for
these practical difficulties or unnecessary hardships and this arbitrary
effect; and
d.
That such variance is in harmony with the general purpose and interest
of this article in securing the public health, safety and general
welfare.
(e)
If the notice is sustained, modified, or extended, it shall become
an order as so sustained, modified or extended. Any notice served
pursuant to the above shall automatically become an order if a written
petition for a hearing is not filed in the office of the Chairman
of the Board within 15 days after such notice is served.
(f)
The proceedings at such hearings, including the findings and decisions
of the Housing Code Board of Appeals, shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Town Clerk and open to reasonable public inspection. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by a decision of the Housing
Code Board of Appeals may appeal to the Superior Court in accordance
with the provisions of Section 8-208a of the Connecticut General Statutes.
[Code 1961, § 3.15.06; Ord. No.
79-5, 6-7-1979]
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:
(1)
Every dwelling unit shall contain a room or space for the storage,
preparation and cooking of food, which shall include space for a stove
or other cooking facilities and space for dry food storage and space
for refrigerated food storage; and shall include a kitchen sink installed.
The sink shall be in good working condition and properly connected
to an approved hot and cold running water system under pressure and
a sewer system, which sink and systems shall be installed and maintained
in a manner prescribed by law, ordinance, rules and regulations of
the state and the Town.
(2)
Every dwelling unit shall be equipped with a complete bathroom fixture
group consisting of a flush water closet, lavatory basin, and bathtub
or shower, in good working condition and installed and maintained
in a manner prescribed by ordinances, rules and regulations of the
Town. Said fixture group shall be properly connected to an approved
sewer system and to an approved hot and cold running water system
under pressure, except that the flush water closet shall be connected
to an approved sewer system and to an approved cold running water
system under pressure. The flush water closet, lavatory basin and
bathtub or shower need not be installed in the same room, but said
rooms shall afford privacy to a person within said rooms.
(3)
Every dwelling unit shall be provided with approved rubbish storage
facilities and with approved garbage disposal facilities or garbage
storage containers. It shall be the responsibility of the owner to
supply such facilities or containers for all dwelling units in a multiple
dwelling. In all other cases it shall be the responsibility of the
occupants to furnish such facilities or containers.
(4)
The water heating facilities necessary to provide the hot water required under subsection (1) and (2) of this section, shall be properly installed and connected to the hot water lines required under such section; shall be maintained in safe and good working condition; and shall be 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° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, dwelling unit, rooming house or rooming unit heating facilities required under the provisions of subsection (5) of Section 3-56 are not in operation.
(5)
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level as required by the
statutes, ordinances and regulations of the state and the Town.
(6)
Access to and egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
[Code 1961, § 3.15.07; Ord. No.
79-5, 6-7-1979]
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 does not comply with the following requirements:
(1)
Every habitable room shall have at least one window facing directly
to the outdoors, or to the court. The minimum aggregate glass area
of windows for habitable rooms shall be not less than 1/10 of the
floor area of the room served by them. Whenever walls or other portions
of structures face a window of any habitable room and such light-obstruction
structures are located less than three feet from the window and extend
to a level above that of a ceiling of a room, such windows shall not
be included as contributing to the required minimum total window area.
(2)
Every habitable room shall have at least one window which can easily be opened, or such other device as will adequately ventilate the room. The total of the openable window area in every habitable room shall be equal to at least 50% of the minimum aggregate glass area of the window as required in subsection (1), except where there is supplied some other device affording adequate ventilation and approved by the Town Manager. Every bedroom shall have an accessible window with at least one openable area of six square feet.
(3)
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsection (1) and (2) except where the bathroom or water closet compartment is adequately ventilated by an approved ventilation system which is kept in continuous or automatic operation.
(4)
Where there is electrical service available, every dwelling unit
and all public and common areas shall be equipped with electric service,
outlets and fixtures, which 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 manner prescribed by the ordinances,
rules and regulations of the Town. The capacity of such services and
the number of outlets and fixtures shall be:
(a)
Every habitable room shall have an electric service and outlets and/or
fixture capable of providing at least three watts per square foot
of floor area.
(b)
Every habitable room shall have at least one floor-or-wall type duplex
electric convenience outlet for each 60 square feet or fraction thereof
of floor area, and in no case fewer than two such outlets.
(c)
Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one operable ceiling or wall-type
electric light fixture.
(d)
Temporary wiring or extension cords shall not be used as permanent
wiring.
(5)
Every dwelling or dwelling unit shall be equipped with appropriate
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
located therein to a temperature of at least 70° F. at a distance
three feet above floor level, when the outdoor temperature is 0°
F. Either central or space heating facilities may be used, but must
meet the following requirements:
(a)
Every central heating unit and central hot water heating unit shall
be provided with automatic or safety devices and be installed and
operated in the manner required by the statutes, ordinances, and regulations
of the state and the Town.
(b)
Every space heating unit and unit hot water facility shall installed
and operated in the manner required by the statutes, ordinances and
regulations of the state and the Town.
(6)
Every common hallway and stairway in every multiple dwelling shall
be adequately lighted by natural or artificial light at all times,
so as to provide in all parts thereof at least 10 footcandles of light
at the tread or floor level. Every common hallway and stairway in
structures devoted solely to dwelling occupancy and containing not
more than four dwelling units may be supplied with conveniently located
switches controlling an adequate lighting system which may be turned
on when needed instead of full-time lighting.
(7)
Every window, exterior door and hatchway or similar device shall
be so constructed to exclude insects during that portion of the year
when there is a need for protection against mosquitoes, flies and
other flying insects.
(a)
Every doorway used for ventilation and opening directly from a dwelling
unit to outside space shall have supplied properly fitting screens
having at least 16 mesh and with a self-closing device.
(b)
Every window or other device with openings to outdoor space, used
for ventilation, shall be supplied with screens; except that such
screens shall not be required (i) in rooms deemed by the Town Manager
to be located high enough as to be free from such insects, and (b)
in rooms located in areas of the Town designated by the Town Manager
to have so few insects as to render screens unnecessary.
(8)
If deemed necessary by the Town Manager 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 or
other pests, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
(9)
Materials stored outside the dwelling shall be stacked and elevated
so that there will be at least an eighteen inch opening between the
material and the ground level so as to prevent the creation of a rat
harborage area. The area underneath any such stored material shall
be kept trimmed and free of heavy undergrowth. No stacking or piling
of material shall take place against the exterior walls of the structure.
[Code 1961, § 3.15.08; Ord. No.
79-5, 6-7-1979; Ord. No. 84-2, § 2, 3-19-1984]
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 does not comply with the following requirements:
(1)
Every foundation, floor, wall, ceiling and room shall be reasonably
weathertight, watertight, and rodentproof; shall be capable of affording
privacy, and shall be kept in good repair.
(2)
Every window, exterior door, and basement hatchway shall be reasonably
weathertight, watertight, and rodentproof; and shall be kept in sound
working condition and good repair. Interior doors necessary for assuring
privacy such as bedroom and bathroom doors, shall be kept in sound
working condition and good repair.
(3)
Every inside and outside stair, every porch, and every appurtenance
thereto shall be maintained and kept in sound condition and good repair.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed in an approved manner and maintained in good sanitary working
condition, free from defects, leaks and obstructions.
(5)
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.
(6)
All rain water shall be so drained and conveyed from every roof so
as not to cause dampness in the walls, ceilings or floors of any habitable
room or of any bathroom or water closet compartment.
(7)
Every facility, piece of equipment, or utility which is required
under this article shall be so constructed or installed that it will
function safely and effectively, and shall be maintained in satisfactory
working condition.
(8)
No owner, operator, or occupant shall cause any service, facility,
equipment or utility which is required under this article to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by such person, 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 has
been approved by the Town Manager.
(9)
No owner shall occupy or let to any other occupant, any vacant dwelling
unit unless it is clean, sanitary, and fit for human occupancy.
[Code 1961, § 3.15.09; Ord. No.
79-5, 6-7-1979; Ord. No. 87-4, § 1, 12-7-1987]
No person shall occupy or let to another for occupancy any dwelling
unit, for the purpose of living therein, which does not comply with
the following requirements:
(1)
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of usable floor area for the first occupant
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 50 square feet of useable floor area for each
occupant thereof.
(2)
The ceiling height of any habitable room shall be at least seven
feet six inches; except that in any habitable room under a sloping
ceiling at least 60% of the floor area shall have a ceiling height
of at least seven feet four inches.
A written modification may be granted for the ceiling height
of any habitable room by the Director of the center for environmental
protection, provided the standards for the lighting, ventilation,
and egress from that room meet all the existing Housing Code standards.
In no case, however, shall the ceiling height of any habitable room
and bathroom be less than six feet six inches.
(3)
(4)
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant therefor and at least 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of the total habitable
room area.
(5)
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. A bathroom
or water closet compartment shall not be used as the only passageway
to any habitable room, hall, basement, or cellar or to the exterior
of the dwelling unit.
[Code 1961, § 3.15.10; Ord. No.
79-5, 6-7-1979; Ord. No. 84-2, § 3, 3-19-1984]
The following responsibilities of owners and occupants are in
addition to those specified elsewhere throughout this article:
(1)
Every owner of a multiple dwelling, hotel or motel, shall be responsible
for maintaining in a clean, safe, and sanitary condition, the shared
or common areas of the dwelling, hotel or motel, and premises thereof.
(a)
Common areas, including but not limited to private, interior roads
or drives, sidewalks, street or area lights, shall be kept in safe
condition and good repair.
(b)
Snow or ice which has accumulated on common areas shall be removed
within 12 hours of cessation of the storm which deposited it. Whenever
any common area or any part thereof shall be coated with ice which
cannot satisfactorily be removed, the owner of the multiple dwelling,
hotel or motel shall, as an alternative to said removal of such ice,
cause such common areas to be made safe and convenient for pedestrians
by covering the ice with sand or other suitable substance.
(2)
The owner shall hang all screens for all dwelling units in a multiple
dwelling and for all dwelling units located on premises where more
than two dwelling units share the same premises.
(3)
Every owner of a multiple dwelling who lets any dwelling unit to
the public shall equip every entrance or exit to said dwelling unit
with a positive locking device requiring engagement after closing
the door, and if such locking device contains a throw bolt, then such
bolt when in a locked position, shall have a throw of not less than
one inch, provided that no such positive locking device shall contain
a beveled latch. Multiple dwelling units that presently legally have
a positive locking device as described above with a throw bolt having
a throw of less than one inch but at least 5/8 of an inch may retain
the existing lock until said locking device is repaired or replaced,
at which time it must be replaced by a lock with a throw of not less
than one inch.
(4)
Every owner of a multiple dwelling who lets any dwelling unit to
the public shall at such owner's own expense, change the combination
of the doorlock, or install a new door lock on each entrance or exit
to a dwelling unit before a new tenant occupies said unit.
(5)
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 such occupant occupies and controls.
(7)
Every occupant of a dwelling or dwelling unit shall dispose of all of such occupant's garbage and any other organic waste which might be food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by subsection (3) of Section 3-55.
(8)
No person shall operate a rooming house, hotel or motel or let to
another for occupancy any rooming unit in any rooming house, hotel
or motel, which is not in compliance with the appropriate provisions
of every section of this article. No owner or Manager shall let to
another person any rooming unit unless it is clean and sanitary, and
complies with all applicable requirements of the state and the Town.
(9)
All dwellings, dwelling units, premises, or rooming units shall be
maintained free of infestation, or insect or rodent harborage areas
or breeding sites.
(a)
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of insects and/or rodents on
the premises. Every occupant of a dwelling unit in a dwelling containing
two or more dwelling units shall be responsible for such extermination
whenever his dwelling unit is the only one infested. Notwithstanding
the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a rodentproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner.
(b)
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.
[Code 1961, § 3.15.11; Ord. No.
79-5, 6-7-1979]
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
(1)
Any dwelling or dwelling unit which is found to have any of the following
defects shall be condemned as unfit for human habitation and shall
be so designated and placarded by the Town Manager:
(a)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(b)
One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public as prescribed by the provisions of this article.
(c)
One which because of its general condition or location is unsanitary,
or otherwise dangerous to the health or safety of the occupants or
of the public.
(2)
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Town Manager, shall be vacated
within a reasonable time as ordered by the Town Manager.
(3)
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 Town Manager. The Town Manager shall remove such placard whenever
the defects upon which the condemnation and placarding action were
based have been eliminated.
(4)
No person shall 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 as provided in subsection (3) above.
(5)
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request in writing and shall be granted a hearing on the matter before the Housing Code Board of Appeals under the procedure provided by Section 3-54.
[Code 1961, § 3.15.12; Ord. No.
79-5, 6-7-1979]
No dwelling unit or rooming unit shall be created within an
existing structure or converted, remodeled or altered so as to create
an additional dwelling unit or rooming unit, unless the building official
has issued a written permit certifying that the plans and specifications
for such work indicate that the provisions of this article will be
complied with.
[Code 1961, § 2.15.14; Ord. No.
79-5, 6-7-1979]
In any case where a provision of this article is found to be
in conflict with a provision of any zoning, building, fire, safety,
health, or other ordinance or code of the Town, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
