This chapter shall be known as the "Minimum
Housing Standards Code for Residential Dwellings and Multifamily Dwellings"
and is herein referred to as the "Housing Code" or "this chapter."
The purpose of this chapter is to protect and
provide for the public health, safety and welfare in the buildings
used for dwelling purposes, as hereinafter provided, by:
A.
Establishing minimum standards for basic equipment
and facilities for light, ventilation, space heating and sanitation;
for safety from fire; for space, use and location; for safe and sanitary
maintenance; and for cooking equipment in all dwellings and multifamily
dwellings now in existence;
B.
Fixing the responsibilities of owners, operators and
occupants of dwellings and multifamily dwellings; and
C.
Providing for administration, enforcement and penalties.
A.
The provisions of the Housing Code shall apply to all structures used for human habitation, which are now or may become in the future substandard with respect to structures, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and overcrowding, or otherwise may be deemed to constitute a menace to the safety, health or welfare of their occupants; except as provided in § 176-4D. The existence of such conditions, factors, or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
B.
All lots, plots, or parcels of land on which residential
buildings, buildings of mixed occupancies or accessory structures
are located shall comply with appropriate provisions of this housing
chapter.
C.
Travel trailers and mobile homes. All moveable units
used for human habitation, and the areas, grounds or parcels on which
they are located, insofar as they are applicable thereto, shall comply
with the requirements of this housing chapter.
No portion of a building or premise used or
intended to be used for residential purposes, including hotels and
motels, rest homes, convalescent homes and nursing homes, shall have
been constructed, altered or repaired except as hereinafter provided.
A.
Application of building code. Any alterations of buildings
or changes of use therein, which may be caused directly or indirectly
by the enforcement of this chapter, shall be done in accordance with
applicable sections of the Uniform Fire Prevention and Building Code
and any other codes or ordinances adopted by the City of Troy.[1]
B.
Application of zoning ordinance. Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter 285, Zoning, of this Code, nor the continuation of such nonconforming use in any zone, except as provided therein.
C.
Conflict with other ordinances. Except as provided in Subsection D below, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the City of Troy existing on the effective date of this chapter, the provision which established the higher standard for the promotion and protection of the safety and health of the people of the City of Troy shall prevail. In any case, where a provision of any other ordinance or code of the City of Troy existing on the effective date of this chapter establishes a lower standard for the promotion and protection of the safety and health of the people of the City of Troy, the provisions of this chapter shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
D.
Existing buildings. This chapter establishes minimum
requirements for the initial and continued occupancy of all buildings
used for human habitation and does not replace or modify requirements
otherwise established for the construction, repair, alteration, or
use of buildings, equipment or facilities, except as provided in this
section.
E.
Existing remedies. Nothing in this chapter shall be
deemed to abolish or impair existing remedies of the City of Troy
or its officers or agencies relating to the removal or demolition
of any building which is deemed to be dangerous, unsafe or unsanitary.
A.
Enforcement officer. It shall be the duty and responsibility
of the Director of Code Enforcement of the City of Troy and/or his/her
designee to enforce the provisions of the Housing Code as herein provided.
B.
Coordination of enforcement. Inspection of premises
and the issuing of orders in connection therewith, under the provisions
of this chapter, shall be the responsibility of the Director of Code
Enforcement of the City of Troy or his/her duly authorized representative.
Wherever, in the opinion of the Director of Code Enforcement and/or
his/her designee, it is necessary or desirable to have inspections
of any condition by any other department, he/she shall arrange for
this to be done in such manner that the owners or occupants of buildings
shall not be subjected to visits by numerous inspectors nor to multiple
or conflicting orders. No order for correction of any violation under
this chapter shall be issued without the approval of the Director
of Code Enforcement and/or his/her designee, and it shall be the responsibility
of that official before issuing any such order to determine that it
has the concurrence of any other department or official of the government
or agency concerned with any matter involved on the case in question.
C.
Administrative liability. Except as may otherwise
be provided by statute or local law or ordinance, no officer, agent
or employee of the City of Troy charged with the enforcement of the
Housing Code shall render himself/herself personally liable for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his/her duties under this
chapter. No person who institutes or assists in the prosecution of
a criminal proceeding under this chapter shall be liable for damages
hereunder unless he/she acted with actual malice and without reasonable
grounds for believing that the person accused or prosecuted was guilty
of an unlawful act or omission. Any suit brought against any officer,
agent, or employee of the municipality as a result of any act required
or permitted in the discharge of his/her duties under this chapter
shall be defended by the legal representative of the City of Troy
until the final determination of the proceedings therein.
D.
It shall also be the duties of the Director of Code
Enforcement and/or his/her designee to:
(1)
Cause an investigation of all legitimate complaints
of alleged housing violations or other unsafe or unsanitary conditions.
(2)
Cooperate with other municipal, governmental, and
private agencies engaged in study and improvement of housing conditions.
(3)
Study housing conditions in the City of Troy.
(4)
Publish an annual report of housing conditions in
the municipality, and cite accomplishments and recommendations for
the future.
(5)
Maintain any and all appropriate records as may be
necessary.
(6)
Act as technical advisor and keep appropriate records
for the Housing Board of Review.
(7)
Cause a search of the agency's records of housing
violations existing on any premises and issue a certified copy thereof
upon receipt of written request and payment of any fees required by
local law or ordinance.
A.
The Director of Code Enforcement and/or his/her designee
shall make or cause inspections to be made to determine the conditions
of dwellings, multifamily dwellings, dwelling units, rooming houses,
rooming units, and premises in order to safeguard the safety, health,
and welfare of the public under the provisions of this chapter. The
Director and/or his/her designee shall be given access to the dwellings,
multifamily dwellings, dwelling units, rooming houses, rooming units,
and premises at any resonable time for the purpose of performing duties
under this chapter. The owner, operator, or occupant of every dwelling,
multifamily dwelling, dwelling unit or rooming unit, or the person
in charge thereof, shall give the Director of Code Enforcement and/or
his/her authorized representative free access thereto and all parts
thereof and to the premises on which it is located, at all reasonable
times, for the purpose of such inspection, examination and survey.[1]
B.
It shall be unlawful for any person to refuse entrance
to or to impede an inspector or officer authorized under this chapter
in the performance of his/her duties and every such inspector or officer
shall have the right to enter, examine and survey all premises, grounds,
structures, dwellings, multifamily dwellings or rooming houses and
every part thereof at all reasonable times upon display of proper
identification.
C.
If any owner, occupant, or other person in charge
of a dwelling, dwelling unit, rooming unit, or a multifamily dwelling
or rooming house subject to the provisions of this chapter refuses,
impedes, inhibits, interferes with, restricts, or obstructs entry
and free access to every part of the structure or premises where inspection
authorized by this chapter is sought, the administrative authority
may seek, in a court of competent jurisdiction, an order that such
owner, occupant or other person in charge cease and desist with such
interference.
Every occupant of a dwelling unit or rooming
unit shall give the owner or operator thereof, or his/her agent or
employee, access to any part of such dwelling unit, rooming unit,
or its premises, at reasonable times, for the purpose of making such
inspections, maintenance, repairs or alterations as are necessary
to comply with the provisions of this chapter.
[Amended 8-3-1978; 4-20-1982; 5-2-1991; 11-3-1994; 2-7-2002]
A.
The following rates or fees shall be charged for all
housing inspections by request: Thirty-five dollars (minimum charge)
plus $15 for each additional dwelling unit per building.
B.
There shall be no charge for inspections performed
as the result of complaints, routine inspections and inspections of
buildings in City-sponsored programs.
C.
There will be a $35 fee for inspection for a certificate
of occupancy or a certificate of compliance.
Dwellings or multifamily dwellings shall be
condemned as dangerous structures or unfit for human habitation, as
herein provided.
A.
Dangerous structures. If all or part of any building or structure (including, among others, a fence, billboard or sign) or the equipment for the operation thereof (including, among others, the heating plant, plumbing, electric wiring, moving stairways, elevators and fire-extinguishing apparatus) shall be found, in the opinion of the Director of Code Enforcement and/or his/her designee, to be in an unsafe condition, dangerous to life, limb, or property, he/she shall proceed to have the same condemned, pursuant to the applicable provisions of the Uniform Fire Prevention and Building Code and Chapter 141, Buildings, of this Code pertaining to unsafe structures.
B.
Structures unfit for human occupancy. Whenever the
Director of Code Enforcement and/or his/her designee finds that any
dwelling or multifamily dwelling constitutes a hazard to the safety,
health, or welfare of the occupants or to the public because it lacks
maintenance or is in disrepair, has unsanitary facilities or equipment,
or otherwise fails to comply with the minimum provisions of this chapter
but has not yet reached such state of complete disrepair as to be
condemned as a dangerous structure as hereinbefore provided, he/she
may declare such dwelling or multifamily dwelling as “unfit
for human habitation” and order it to be vacated.
C.
If any dwelling or multifamily dwelling or any part
thereof is occupied by more occupants than permitted under this chapter
or was erected, altered or occupied contrary to this chapter, such
dwelling or multifamily dwelling shall be deemed an unlawful structure,
and the Director of Code Enforcement and/or his/her designee may cause
such dwelling or structure to be vacated. It shall be unlawful to
again occupy such dwelling or structure until it or its occupancy,
as the case may be, has been made to conform to this chapter.
A.
Any dwelling or multifamily dwelling declared as unfit
for human habitation shall be posted with a placard by the Director
of Code Enforcement and/or his/her designee. The placard shall include
the following:
(1)
Name of the City;
(2)
The name of the authorized department having jurisdiction;
(3)
The chapter and section of the code under which it
is issued;
(4)
An order that the dwelling or multifamily dwelling
when vacated must remain vacant until the provisions of the order
are complied with and the order to vacate is withdrawn;
(5)
The date that the placard is posted; and
(6)
A statement of the penalty for defacing or removal
of the placard.
B.
Form of notice. Whenever the Director of Code Enforcement
and/or his/her designee has declared a dwelling or multifamily dwelling
or structure as unfit for human habitation, he/she shall give notice
to the owner of such declaration and placarding of the dwelling or
multifamily dwelling or structure as unfit for human habitation. Such
notice shall:
C.
Service of notice to vacate shall be as follows:
(1)
By delivery to the owner personally or by leaving
the notice at the usual place of abode of the owner with a person
of suitable age and discretion;
(2)
By certified or registered mail addressed to the owner
at his/her last known address with postage prepaid thereon; or
(3)
By posting and keeping posted for 24 hours a copy
of the notice in placard form in a conspicuous place on the premises
to be vacated.
D.
Removal of placard or notice. No person shall deface
or remove the placard from any dwelling, multifamily dwelling, or
structure which has been declared or placarded as unfit for human
habitation except by authority in writing from the Director of Code
Enforcement and/or his/her designee.
A.
Any dwelling, multifamily dwelling or structure which
has been declared and placarded as unfit for human habitation by the
Director of Code Enforcement and/or his/her designee shall be vacated
within a reasonable time as required by the Director of Code Enforcement
and/or his/her designee; and it shall be unlawful for any owner or
operator to let to any person for human habitation said dwelling,
multifamily dwelling, dwelling unit or structure; and no person shall
occupy any dwelling, multifamily unit or structure which has been
declared or placarded by the Director of Code Enforcement and/or his/her
designee as unfit for human habitation after the date set forth in
the placard.
B.
Occupancy of building. No dwelling, multifamily dwelling
or structure which has been declared or placarded as unfit for human
habitation shall again be used for human habitation until written
approval is secured from the Director of Code Enforcement and/or his/her
designee. The Director of Code Enforcement and/or his/her designee
shall remove such placard whenever the defect or defects upon which
the declaration and placarding action were based have been eliminated.
C.
Report of notice to vacate. The Director of Code Enforcement
and/or his/her designee shall furnish a copy of each notice to vacate
a building to any official of any other department of the City administration
concerned therewith (Police Department, Fire Department, etc.). A
copy of notice to vacate must also be furnished each affected tenant
of said building to be vacated.
[Amended 2-5-1987]
Notice of violation shall be served upon the
owner of record; provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to him/her personally
or, if not found, by leaving a copy thereof at his/her usual place
of abode with a person of suitable age and discretion, who shall be
informed of the contents thereof, or by sending a copy thereof by
mail to his/her last known address or, if the letter with the copy
is returned showing it has not been delivered to him/her, by posting
a copy thereof in a conspicuous place in or about the dwelling affected
by the notice.
A.
Service of notice. Whenever the Director of Code Enforcement
and/or his/her designee determines that there has been or is a violation
or that there are reasonable grounds to believe that there has been
or is a violation of any provision of this chapter, he/she shall give
notice of such violation or alleged violation to the person or persons
responsible therefor. Such notice shall:
B.
Prosecution of violation. In case any violation order
is not promptly complied with, the Director of Code Enforcement and/or
his/her designee may:
(1)
Request the legal representative of the City to institute
an appropriate action or proceeding at law or in equity against the
person responsible for the violation, ordering him/her:
This chapter shall not affect violations of
any other ordinance, code, regulation, (except the Housing Code) of
the City of Troy existing prior to the effective date hereof, and
any such violation 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.
