[HISTORY: Adopted by the Town Council of the Town of Newington 1-27-1976. Amendments
noted where applicable.]
[Amended 10-22-1996 by Ord. No. 9597-3]
The following general provisions shall apply to the interpretation
and enforcement of this ordinance [code].
1.01.
Purposes. It is hereby declared
that the purpose of this ordinance [code] is to protect, preserve
and promote the physical and mental health and social well-being of
the residents of this municipality; to investigate and control the
incidence of communicable diseases; to regulate privately and publicly
owned dwellings for the purpose of maintaining adequate sanitation
and public health; and to protect the safety of the people and to
promote the general welfare. This ordinance [code] shall be applicable
to all dwellings now in existence or hereafter constructed within
this municipality. It is hereby further declared that for all of said
dwellings this ordinance [code] will:
(1)
Establish minimum standards for basic equipment and facilities for
light, ventilation, heating and cooling;
(2)
Establish minimum standards for basic equipment and facilities for
safety from fire and accidents;
(3)
Establish minimum standards for the use and location and amount of
space for human occupancy;
(4)
Establish minimum standards for safe and sanitary maintenance. In
addition, this ordinance [code] will determine the responsibilities
of owners, operators and occupants of dwellings, and it will provide
for the administration and enforcement of all of the aforesaid standards
and responsibilities.
1.02.
Legislative finding. It is hereby found that dwellings (see subsection
2.09) exist or may in the future exist within the Town of Newington,
either occupied or unoccupied by human beings, which are in a deteriorated
condition, and such dwellings are in said deteriorated condition because
of improper management; because of faulty design or construction;
because of failure to keep said dwelling in a proper state of repair;
because said dwellings lack proper sanitary facilities, adequate lighting
or ventilation, or adequate equipment for heating or cooling; or because
of any combination of the aforesaid factors. As a result, said dwellings
have become so deteriorated, dilapidated, neglected, overcrowded or
unsanitary as to jeopardize or be detrimental to the health, safety,
morals or welfare of the occupants of said dwellings and the people
of the said municipality. It is hereby further found that such deteriorated
dwellings contribute to the growth of physical, mental or social ill-health
or disease, mortality, crime and juvenile delinquency within this
municipality.
1.03.
Citation. This ordinance [code] shall be known, and may be cited,
as the housing code.
1.04.
Applicability. Every portion of a building or its premises used,
formerly used, or intended to be used for the purpose of dwelling,
living, eating, sleeping or cooking therein or occupancy, shall comply
with the provisions of this ordinance [code] and with the rules and
regulations adopted pursuant thereto irrespective of when such building
shall have been constructed, altered or repaired, and irrespective
of any permits or licenses which shall have been issued for the use
or occupancy of the dwelling and dwelling premises or structure, for
the construction or repair of the dwelling or structure or for the
installation or repair of dwelling equipment prior to the effective
date of this ordinance. This ordinance [code] establishes minimum
standards for the initial and continued occupancy of all dwellings
and structures, and does not replace or modify standards otherwise
established for the construction, repair or use of buildings or the
installation of building equipment.
1.05.
Application of building code. Any alterations to buildings or changes
of use therein, which may be caused directly or indirectly by enforcement
of this code, shall be done in accordance with applicable sections
of the building code of the municipality.
1.06.
Application of zoning law. Nothing in this code shall permit the
establishment or conversion of a multi-family dwelling in any zone
except where permitted by the zoning regulations of the municipality;
nor shall this code permit continuation of such nonconforming use
in any zone except as provided in said zoning regulations.
[Amended 10-22-1996 by Ord. No. 9597-3]
The following definitions shall apply in the interpretation
and enforcement of this ordinance [code]: Section 201.0, Connecticut
State Basic Building Code, shall apply by reference.
2.01.
Accessory structure shall mean a detached structure which is not
used or not intended to be used for living or sleeping by human occupants
and which is located on the same premises with a dwelling.
2.02.
Approved shall mean approved by the local or state authority having
such administrative authority.
2.03.
Ashes shall mean the residue from the burning of combustible materials
(and the noncombustible portion of refuse loaded into an incinerator).
2.04.
Basement shall mean the portion of the building partly underground,
but having less than half its clear height below the average grade
of the adjoining ground.
2.05.
Cellar shall mean the portion of the building partly underground,
having half or more than half of its clear height below the average
grade of the adjoining ground.
2.06.
Central heating system shall mean a single system supplying heat
to one or more than one dwelling unit(s) or more than one rooming
unit.
2.07.
Common area shall mean an area being used by more than one family.
2.08.
Dilapidated shall mean fallen into partial ruin or decay.
2.09.
Dwelling shall mean any enclosed space which is wholly or partly
used or intended to be used for living or sleeping by human occupants,
or for which this was the last intended use before being left unoccupied.
2.10.
Dwelling unit shall mean 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.
2.11.
Enforcement officer shall mean the official designated herein or
otherwise charged with the responsibilities of administering this
code, or his authorized representative.
2.12.
Extermination shall mean the control, destruction and elimination
of insects, rodents or other pests by eliminating their harborages,
by removing or by making inaccessible materials that may serve as
their food, and by the use of poisoning, spraying, fumigating, trapping,
or any other pest elimination methods approved by the enforcing officer.
2.13.
Family shall mean an adult person plus one or more persons who are
legally related to said person and/or one or more persons who are
assigned to the household by an official agency as foster children.
2.14.
Flush water closet shall mean a toilet bowl flushed with water under
pressure with a water sealed trap above the floor level.
2.15.
Garbage shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking, serving and nonconsumption of
food.
2.16.
Gross floor area shall mean the total area of all habitable space
in a building or structure.
2.17.
Guest shall mean any person who shares a dwelling unit in a nonpermanent
status for not more than sixty (60) days.
2.18.
Habitable room shall mean a room or enclosed floor space used or
intended to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, furnace
rooms, pantries, kitchenettes and utility rooms of less than fifty
(50) square feet, foyers or communicating corridors, stairways, closets,
storage space and workshops, hobby and recreation areas in unsealed
or uninsulated parts of a structure below ground level or in attics.
2.19.
Heated water shall mean water heated to a temperature of not less
than one hundred twenty (120) degrees Fahrenheit, at the outlet.
2.20.
Hotel or motel shall mean a dwelling designed to provide sleeping
and lavatory facilities for travelers and residents for periods normally
of less than two (2) weeks duration.
2.21.
Household shall mean a family and/or one or more unrelated persons,
including servants and not more than two (2) boarders, who share the
same dwelling and use some or all of its cooking and eating facilities.
2.22.
Infestation shall mean the presence in large numbers of insects,
rodents or other pests within a dwelling, or other structure and its
premises.
2.23.
Kitchen or kitchenette shall mean any room containing all of the
following equipment, or area of a room within three (3) feet of such
equipment: Sink and/or other device for dishwashing, stove or other
device for cooking, and refrigerator or other device for cool storage
of food.
2.24.
Kitchen sink shall mean a sink of a size and design adequate for
the purpose of washing eating and drinking utensils, located in a
kitchen, properly connected with a cold and hot water pipe line.
2.25.
Lavatory shall mean a handwashing basin which is properly connected
with both a hot and cold water pipe line and which is separate and
distinct from a kitchen sink.
2.26.
Lead paint shall mean any pigmented, liquid substance applied to
surfaces by brush, roller or spray in which the total nonvolatile
ingredient contains lead, by weight, calculated as metallic lead in
excess of current ANSI (American National Standards Institute) standards.
2.27.
Meaning of certain words. Wherever the words "dwelling", "dwelling
unit", "rooming house", "rooming unit", "premises", and "structure"
are used in this ordinance [code] they shall be construed as though
they were followed by the words "or any part thereof. Words used in
the singular include the plural, and the plural the singular, the
masculine gender includes the feminine, and the feminine the masculine.
2.28.
Multiple dwelling shall mean any dwelling containing more than two
(2) dwelling units.
2.29.
Occupant shall mean any person, over one year of age, living, steeping,
cooking or eating in, or actually having possession of, a dwelling
unit or a rooming unit, except that in dwelling units a guest will
not be considered an occupant.
2.30.
Operator shall mean any person who has charge, care or control of
a building, or part thereof, in which dwelling units or rooming units
are let.
2.31.
Ordinary summer conditions shall mean an out-of-doors temperature
of ninety (90) degrees Fahrenheit.
2.32.
Ordinary winter conditions shall mean an out-of-doors temperature
of ten (10) degrees Fahrenheit.
2.33.
Owner shall mean any person who, alone or jointly or severally with
others:
(a)
Shall have legal title to any dwelling, premises or dwelling unit,
with or without accompanying actual possession thereof; or
(b)
Shall have charge, care or control of any dwelling, premises or dwelling
unit as owner or agent of the owner, or an executor, administrator,
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 ordinance [code] and of rules and regulations adopted pursuant
thereto to the same extent as if he were the owner.
2.34.
Permissible occupancy shall mean the maximum number of persons permitted
as family or household to reside in a dwelling unit or rooming unit
based on the square footage per person in habitable rooms.
2.35.
Person shall mean and include any individual, firm, corporation,
association or partnership.
2.36.
Plumbing shall mean and include all of the following supplied facilities
and equipment: Gas or oil pipes, gas or oil 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, together with all connections to water,
sewer, septic tank system, gas or oil lines.
2.37.
Potential hazardous material shall mean any material, including building
material, containing lead and/or other toxic heavy metal compound
in concentrations dangerous to the public health as deemed by the
state department of health.
2.38.
Premises shall mean a platted lot or part thereof or unplatted lot
or parcel of land, or plot of land, either occupied or unoccupied
by any dwelling or nondwelling structure, and includes any such building,
accessory structure, or other structures thereon.
2.39.
Privacy shall mean the ability of a person or persons to carry out
an activity commenced without interruption or interference, either
by sight or sound, by unwanted persons.
2.40.
Ratproofing shall mean a form of construction which will prevent
the ingress or egress of rats to or from a given space or building,
allowing their access to food, water or harborage. It shall consist
of the closing and keeping closed of every opening in foundations,
basements, cellars and exterior and interior walls, and the removal
of harborages and other attractions.
2.41.
Refuse shall mean all putrescible and nonputrescible solids (except
body wastes) including garbage, rubbish, ashes and dead animals. The
terms shall also include paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, and other combustible
waste materials.
2.42.
Rental unit shall mean a dwelling unit let by one person to another
in return for a rental fee under a lease or otherwise.
2.43.
Rooming unit shall mean 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.
2.44.
Rooming house shall mean any dwelling or that part of any dwelling
containing one or more rooming units in which space is occupied by
three (3) or more persons who are not members of a single family.
2.45.
Rubbish shall mean nonputrescible solid wastes (excluding ashes)
consisting of both:
2.46.
Safety shall mean the condition of being free from danger and hazards
which may cause accidents or disease.
2.47.
Septic tank shall mean a receptacle, usually underground, to which
sewage is drained and retained to effect disintegration of the organic
matter by bacteria and as defined in section 19-13-B20A of the Connecticut
Public Health Code.
2.48.
Space heater shall mean a self-contained, vented, fuel-burning appliance
of either the circulating type or the radiant type.
2.49.
Supplied shall mean paid for, furnished, provided by, or under the
control of the owner or operator.
2.50.
Toilet shall mean a water closet, with a bowl and trap made in one
piece, which is of such shape and form and which holds a sufficient
quantity of water under pressure so that no fecal matter will collect
on the surface of the bowl and which is equipped with flushing rims
which permit the bowl to be properly flushed and scoured when water
is discharged through the flushing rims.
2.51.
Ventilation shall mean the process of supplying and removing air
by natural or mechanical means to or from any space.
3.01.
No owner or other person shall occupy, or let to another person,
any vacant dwelling or dwelling unit unless said dwelling or dwelling
unit and the premises are clean, sanitary and fit for human occupancy,
and comply with all applicable legal requirements of the State of
Connecticut and the Town of Newington.
3.02.
Every owner of a dwelling containing two (2) or more dwelling units
shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
3.03.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
3.04.
Every occupant of a dwelling or dwelling unit shall store and dispose
of all his rubbish in a clean, sanitary and safe manner.
3.05.
Every occupant of a dwelling unit shall store and discard in a clean,
sanitary and safe manner all his garbage and any other organic waste
which might provide food for rodents and insects. If a container is
used for storage pending collection it shall be secure against entry
by insects and rodents and shall be watertight.
3.06.
Every owner of a dwelling containing three (3) or more dwelling units
shall supply facilities or containers for the sanitary and safe storage
and/or disposal of rubbish and garbage by the occupant of said dwelling
unit. In the case of single-or two-family dwellings it shall be the
responsibility of the occupant to furnish such facilities or containers.
3.07.
The owner of a dwelling or dwelling unit or structure shall be responsible
for providing and hanging all screens and double or storm doors and
windows whenever the same are required under the provisions of this
ordinance [code] or any rule or regulation adopted thereunder, except
where a written agreement between the owner and occupant has provided
otherwise. In the absence of such an agreement, maintenance or replacement
of screens, storm doors and windows, once installed in any one season,
become the responsibility of the occupant.
3.08.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises. Every occupant of a dwelling unit,
in a dwelling containing more than one dwelling unit, 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 rat-proof or reasonably insect-proof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two (2) or more of the dwelling units in any dwelling, or in the
shared or public parts of any dwelling containing two (2) or more
dwelling units, extermination thereof shall be the responsibility
of the owner.
3.09.
Every occupant of a dwelling unit or structure shall keep all plumbing
fixtures and facilities therein in a clean, operable and sanitary
condition, and shall be responsible for the exercise of reasonable
care in the proper use and operation thereof.
3.10.
No owner or occupant of a dwelling, dwelling unit or structure shall
accumulate rubbish, boxes, lumber, scrap metal, or any other material
in such a manner that may provide a rodent harborage or rodent food
in or about any dwelling, dwelling unit, or structure.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein, which does not comply with the
requirements of this section:
4.01.
Every dwelling unit shall have a room or portion of a room in which
food may be prepared and/or cooked, and which shall be equipped with
the following:
4.01..01.
A kitchen sink in good working condition apart from the lavatory
sink required in section 4.03. Said kitchen sink shall be properly
connected to a water supply system which is approved by the appropriate
authority, and at all times shall provide an adequate amount of heated
and unheated running water under pressure. Said kitchen sink shall
be connected to a sewer system or septic tank system which is approved
by the appropriate authority.
4.01..02.
Cabinets and/or shelves for the storage of eating and drinking
and cooking equipment and utensils, and of food that does not, under
ordinary maximum summer conditions, require refrigeration for safe
keeping. Said cabinets and/or shelves shall be adequate for the permissible
occupancy of the dwelling unit and shall be of sound construction,
with surfaces that arc easily cleanable and that wilt not impart any
toxic or deleterious effect to food.
4.01..03.
A stove or similar device, for cooking food, and a refrigerator,
or similar device, for the safe storage of food at temperatures less
than forty-five (45) degrees Fahrenheit, but more than thirty-two
(32) degrees Fahrenheit, under ordinary maximum summer conditions.
Both said stove and refrigerator shall be properly installed with
all necessary connections for safe, sanitary and efficient operation.
It is provided, however, that such stove, refrigerator and/or similar
devices, need not be installed when the dwelling unit is not occupied
and when the occupant is expected to provide the same at time of occupancy.
In that case a sufficient space for the safe and efficient installation
and operation of said stove, refrigerator and/or similar devices shall
be provided.
4.02.
Within every dwelling unit there shall be a nonhabitable room, affording
privacy to a person within said room. Said room shall be equipped
with a flush water closet in good working condition and such flush
water closet shall be equipped with easily cleanable surfaces, be
connected to a water system that at all times provides an adequate
amount of running water under pressure so as to cause the water closet
to be operated properly and it shall also be connected to a sewer
system or septic system which is approved by the appropriate authority.
4.03.
Within every dwelling unit there shall be a room, affording privacy
to a person, which is equipped with a lavatory sink. Said lavatory
sink may be either in the same room as the flush water closet or in
adjacent room. The lavatory sink shall be in good working condition
and properly connected to an approved water supply system, which water
supply system, which water supply system shall at all times provide
an adequate amount of heated and unheated running water under pressure.
Said lavatory sink shall be connected to a sewer or septic system
which is approved by the appropriate authority.
4.04.
Within every dwelling unit there shall be a nonhabitable room, which
affords privacy to a person within said room, and which is equipped
with a bathtub or shower in good working condition. Said bathtub or
shower may be in the same room as the flush water closet or in another
room. Said bathtub or shower shall be properly connected to a water
supply system which is approved by the appropriate authority and which
provides at all times an adequate amount of heated and unheated running
water under pressure. Said bathtub or shower shall also be connected
to a sewer system or septic tank which is approved by the appropriate
authority.
4.05.
Every dwelling unit shall have one or more approved means of egress
leading to safe and open space at ground level, as required by the
law of the State of Connecticut and the Town of Newington.
4.06.
Every owner of a multiple dwelling who lets dwelling unit(s) to the
public shall equip every entrance or exit to said dwelling unit(s)
with a positive locking device keyed [on] one side, requiring engagement
after closing the door capable of being securely locked from both
inside and outside; provided that no such positive locking device
shall contain a bevelled latch.
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Every owner of a multiple dwelling who lets dwelling unit(s)
to the public shall, at his own expense, change the combination of
the door lock, or install a new door lock on each entrance or exit
to a dwelling unit before a new tenant occupies said unit.
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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 requirements of this section.
5.01.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be not less than ten
(10) per cent of the floor area of such room. Wherever walls or other
portions of any structure face a window of any such rooms, and where
such light-obstructing structure is located less than three (3) feet
from the window and extends to a level above that of the ceiling of
the room such window shall not be deemed to face directly to the outdoors
and shall not be included as contributing to the required minimum
total window area. Whenever the only window in a room is a skylight-type
window in the top of such room, the total window area of such skylight
shall equal at least fifteen (15) per cent of the total floor area
of such room. Each window shall be not less than three (3) square
feet in area.
5.02.
At least one window or skylight of every habitable room shall face
directly outdoors and shall be easily opened or the room shall be
equipped with such device as will adequately ventilate the room. If
no such ventilating device is furnished, the total of openable window
area in every habitable room shall be equal to at least forty-five
(45) per cent of the minimum window area size, or minimum skylight-type
window size, as required in subsection 5.01 of this ordinance [code].
5.03.
Every bathroom and water closet compartment shall comply with the
light and ventilation requirements for habitable rooms contained in
5.01 and 5.02, except that no window or skylight shall be required
in adequately ventilated bathrooms and water closet compartments equipped
with a ventilation system discharging to the out-of-doors in working
condition which is approved by the appropriate authority.
5.04.
Where there is electric service available from power lines, which
are not more than three hundred (300) feet away from a dwelling, every
dwelling unit, and all public and common areas, shall be supplied
with electric service, outlets and electrical fixtures for lighting,
all of 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 municipality. The minimum capacity of such service,
and minimum number of outlets and lighting fixtures, shall be as follows:
5.04..01.
Every habitable room shall have an electric service and outlets
and/or lighting fixtures capable of providing at least three (3) watts
per square foot of floor area.
5.04..02.
Every habitable room and nonhabitable room used for food preparation
shall have at least one floor or wall-type electric convenience outlet
for each sixty (60) square feet, or fraction thereof, of floor area,
and in no case less than two (2) duplex outlets.
5.04..03.
Every water closet compartment, bathroom, kitchen or kitchenette,
laundry room, furnace room, and public hall shall contain at least
one supplied ceiling-type or wall-type electric light fixture.
5.04..04.
Convenient switches for turning on one light in each room or
passageway shall be located so as to permit the area ahead to be lighted.
5.05.
Every public hall and stairway in and on the exterior of every multiple
dwelling shall be adequately lighted by natural and/or electric light
at all times so as to provide at least six (6) footcandles of light
at the tread or floor level. Every public hall and stairway in and
on the exterior of structures containing not more than two (2) dwelling
units, may be supplied with conveniently located light switches, controlling
an adequate lighting system which may be turned on when needed as
an alternative to the furnishing of full time lighting.
5.06.
Maintenance of exterior lighting. All exterior lighting required
at the time of the approval of the plan for the building or complex
within which a dwelling unit is located by the town planning and zoning
commission shall be maintained at least at the level required by such
plan.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit, for the purposes of
living therein, which does not comply with the following requirements:
6.01.
Every dwelling shall have heating facilities which shall be properly
installed and maintained in a safe and working condition, and which
shall be capable of safely and adequately heating all of the habitable
rooms, kitchen or kitchenette, bathrooms, and water closet compartments
in every dwelling unit located therein. Such heating facilities shall
adequately heat the room to a temperature of at least sixty-eight
(68) degrees Fahrenheit with an outside temperature of zero degrees
Fahrenheit, the reading to be taken at a distance three (3) feet above
the floor level of each such room.
6.02.
Unvented flame space heaters are prohibited. Such portable electric
heaters as are approved under the appropriate local or state electrical
and/or fire prevention code, will be acceptable where they meet the
provisions of paragraph 6.01.
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 requirements of this section.
7.01.
Every foundation, floor, roof, ceiling, exterior and interior wall,
and accessory structure shall be reasonably draft-free, watertight,
and damp-free, [and] shall be kept in sound condition and good repair,
and shall be capable of affording privacy for the occupants. All exterior
wood surfaces shall be protected from the elements and decay by paint
or other protective covering or treatment unless they are of a type
which is designed to weather naturally for aesthetic reasons. Toxic
paint and materials will not be used on such exterior surfaces as
[such] are readily accessible to children.
7.01..01.
Lead paint or potentially hazardous material on the interior
surfaces of any dwelling unit, rooming unit, rooming house or on any
fixtures or other objects used, installed or located in or upon any
exposed surface in any such facility is prohibited. Such interior
surfaces include, but are not limited to: Window sills, window frames,
doors, door frames, walls, ceilings, stair rails and spindles, and
all other appurtenances of the interior portion of the dwelling premises.
7.01..02.
In each instance where conditions disclose loose, flaking, chipping
or falling paint, and there is reason to believe that the presence
of lead paint or toxic material exists as potential hazard, the enforcing
officer shall take samples in a manner prescribed by the appropriate
authority and shall submit samples for analysis to said appropriate
authority.
7.02.
Every window, exterior door and basement hatch-way, and all similar
devices shall be kept rodent-proof and reasonably watertight and weathertight
and shall be kept in sound working condition and good repair at all
times.
7.02..01.
During that portion of the year when there is a need for protection
against mosquitoes, flies and other flying insects, every door opening
directly from a dwelling unit to outside space and used for ventilation
shall be equipped with properly fitting screens having not less than
a sixteen (16) mesh and shall be operated by a self-closing device;
during said portion of the year every window or other device with
openings to outdoor space, used or intended to be used for ventilation,
shall also be supplied with such screens, except that no screens shall
be required for any dwelling unit located on any floor above the fifth
floor.
7.02..02.
Every window located at or near ground level that is used or
intended to be used for ventilation, and every other opening located
at or near ground level which might provide an entry for rodents,
shall be supplied with adequate gauge screen or such other devices
as will effectively prevent their entrance.
7.02..03.
Every window glass shall be free from breaks or cracks.
7.03.
Every dwelling or accessory structure, and the premises upon which
it is located, shall be rodent-proof and maintained so as to prevent
the harboring of rodents. Such premises shall be graded and drained,
kept free of standing water, and maintained in a clean, sanitary and
safe condition. In situations or areas of heavy rat infestations,
the enforcement officer may require the following standards to be
applied:
7.03..01.
All openings in the exterior walls, foundations, basements,
ground or first floors, and roofs which have an opening that is one-half
(1/2) inch or more by any measure shall be ratproofed in an approved
manner if they are within forty-eight (48) inches of the existing
exterior ground level immediately below such openings, or if such
openings may be reached by rats from the ground by climbing unguarded
pipes, wires, cornices, stairs, roofs and other means such as trees
or lines or by burrowing.
7.03..02.
Skirting, lattice or other nonrat-proofed enclosure that can
create a harboring place for rats under a porch or under any other
portions of a building shall be rat-proofed at all locations where
a rat could find, burrow or gnaw an access opening.
7.03..03.
In the event that occupancy usages would result in the stacking
or piling of materials, the materials shall be so arranged as to prohibit
the creation of a harbor for rats. This can be accomplished by orderly
stacking and elevating such material so that there will be an eighteen
(18) inch opening between the material and the ground level. No materials
shall be stacked or piled against the exterior walls of the structure.
7.03..04.
All exterior doors, including swinging, sliding and folding
types, shall be constructed so that the space between the lower edge
of the door and the threshold shall not exceed three-eights (3/8)
inch. It is provided further that the space between sections of folding
and sliding doors when closed shall not exceed three-eights (3/8)
inch.
7.03..05.
Interior floors of basements, cellars and other areas in contact
with the soil shall be paved with concrete or other materials impervious
to rats.
7.03..06.
Materials used for rodent control shall be those materials that
are acceptable to the appropriate authority.
7.03..07.
All fences provided by the owner or an occupant on the premises
shall be constructed of manufactured metal fencing material, wood,
masonry or other inert material. Such fences shall be maintained in
good condition. Wood materials shall be protected against decay by
use of paint or other preservative, unless they are of a type which
is designed to weather naturally for aesthetic reasons. The permissible
height and other characteristics of all fences shall conform to the
appropriate statutes, ordinances and regulations of the state of Connecticut
and the Town of Newington. Wherever any egress from the dwelling opens
into the fenced area, the fence shall include a means of egress from
the premises to any public way adjacent thereto.
7.03..08.
Accessory structures on the premises shall be structurally sound
and shall be maintained in good repair and free from insects and rodents,
or such structures shall be removed from the premises. The exterior
of such structures shall be made weather resistant through the use
of decay-resistant materials or the use of paint or other preservatives.
7.03..09.
Every exterior door be equipped with an automatic closing device,
or with a screen door that is equipped with such a device and properly
fitted.
7.03..10.
All sewers, pipes, drains, conduits, roof ventilators, chimneys,
pipe vents, openings, etc., located within ten (10) feet of the ground
thereby permitting accessibility to rats shall be protected against
entry by grilles, hardware cloth, caps, expanded metal covers, or
other rat-proof material acceptable to appropriate authority.
7.03..11.
If the space between two (2) buildings is too small to permit
inspection of the exterior walls of such building, such space shall
be sealed so as to prevent the entrance of rats. Provisions shall
be made in the rat-proofing in such cases that drainage is not obstructed.
7.04.
Every foundation, roof, floor, exterior and interior wall, ceiling,
inside stair, outside stair, porch, gutter and downspout and every
appurtenance thereto, shall be safe to use and capable of supporting
the loads that normal use may cause to be placed thereon, and shall
be kept in sound condition and good repair. Every inside and outside
stair or step shall have uniform risers and treads, and stairways
shall have handrails, structurally sound, of required height and balustrades
spaced as in [sub]section 7.04.01.
7.04..01.
Porches, stairways and/or balconies located more than three
(3) feet higher than the adjacent area shall have structurally sound
protective handrails of the required height, and if unenclosed, balusters
spaced no less than six (6) inches apart shall also be provided. Alternate
systems providing at least the same degree of protection, if approved
by the appropriate authority, shall be acceptable.
7.05.
Every plumbing fixture, and water and waste pipe, shall be properly
installed and maintained in good sanitary working condition.
7.06.
Every water closet compartment shall be constructed and maintained
so as to be impervious to water. Every bathroom and kitchen floor
surface shall be so constructed and maintained so as to be easily
kept in clean and sanitary condition.
7.07.
Every plumbing fixture and pipe, every chimney, flue and smoke pipe,
and every other facility, piece of equipment, utility, and heating
apparatus, installed on the premises for the use of any dwelling unit
or which is otherwise required under this ordinance [code], shall
be constructed and installed in conformance with the applicable local
or state codes, and shall be maintained in satisfactory working condition.
7.08.
Neither the owner nor any occupant of any dwelling unit shall cause
any service, facility, equipment or utility which is required under
this ordinance [code] to be removed from, or shut off from, or discontinued
for any premises containing an occupied dwelling or dwelling unit
let or occupied hereunder, 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 is
approved by the appropriate authority. Said persons are required to
notify all affected parties prior to anticipated interruption. Tenants
will be informed of estimated length of interruption as soon as it
can be estimated.
7.09.
All construction and materials, all ways and means of egress, and
all installation and use of equipment shall conform to applicable
state and local laws dealing with fire protection.
7.10.
No person shall allow the premises surrounding a building containing
a dwelling unit or dwelling units to become unsightly or vermin infested
from lack of proper maintenance. Grass, shrubbery and gardens shall
be reasonably kept and litter, refuse and discarded materials shall
not be allowed to accumulate.
No person shall occupy, or let to be occupied, any dwelling
unit, for the purpose of living therein, which does not comply with
the requirements of this section.
8.01.
Every dwelling unit shall contain at least one hundred fifty (150)
square feet of floor space for the first occupant thereof, and at
least one hundred thirty (130) square feet of floor space for every
additional occupant thereof, the floor space to be calculated on the
basis of total habitable room space.
8.02.
In every dwelling unit of two (2) or more rooms, every room occupied
for sleeping purposes shall contain at least seventy (70) square feet
of floor space for the first occupant, and at least fifty (50) square
feet of floor space for each additional occupant thereof.
8.03.
No dwelling or dwelling unit, containing two (2) or more sleeping
rooms, shall have such room arrangement 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 or a bathroom or water closet compartment. 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 hall, basement or cellar
or to the exterior of a dwelling unit.
8.04.
At least seventy-five (75) per cent of the floor area of every habitable
room shall have a ceiling height of no less than six (6) feet six
(6) inches in basement, seven (7) feet four (4) inches in the first
story, and seven (7) feet four (4) inches in upper stories. The floor
area of that part of any room where the ceiling height is less than
five (5) feet, shall not be considered as part of the floor area of
the room for the purpose of determining the maximum permissible occupance
thereof. At least thirty (30) per cent of the floor area in the attic
rooms shall have a ceiling height of seven (7) feet four (4) inches.
8.05.
No space, located totally or partially below grade, shall be used
as a habitable room or dwelling unit unless:
8.05..01.
The floor, and those portions of the walls below grade, are
of damp-proof construction.
8.05..02.
The minimum window area, required in subsection 5.01, is located
entirely above grade of the ground adjoining such window area or,
if windows are located wholly or partly below grade, it shall be required
that there be constructed a properly drained window well whose ground
area shall be equal to, or greater than, the area of the window opening;
the bottom of the window well shall be below the top of the impervious
masonry construction under this window; the minimum horizontal projections
of the bottom of the window well shall be equal to, or greater than,
the vertical dimension (depth) of this window opening, as measured
from the bottom of the masonry opening, and no part of the window
well, opposite this window, shall protrude above a line projected
at a forty-five (45) degree angle from the bottom of the window opening
at right angles to the outer well;
8.05..03.
The total openable window area in each room is equal to at least
the minimum, as required under subsection 5.02 of this ordinance [code],
except where there is supplied some other device affording adequate
ventilation and approved by the appropriate authority.
8.05..04.
There are no pipes, or other obstructions, less than six (6)
feet eight (8) inches above the floor level which interfere with the
normal use of the room or area.
8.06.
Every dwelling unit shall have closet or storage space of at least
four (4) square feet floor to ceiling height, for the personal effects
of each of the permitted number of occupants of that dwelling unit.
If such required closet or storage space is lacking, an amount of
space, equal in square footage to the deficiency, shall be subtracted
from the area of habitable room space to be used in determining the
number of occupants to be permitted in the dwelling unit.
8.07.
A dwelling unit shall not be occupied by more than one family plus
two (2) occupants unrelated to the family, other than guests or domestic
employees. A dwelling unit shall not be occupied by more than one
household of unrelated occupants unless a permit for a rooming house
has been granted by the appropriate authority.
8.08.
Limitation of dwelling unit access to commercial uses. No habitable
room, bathroom or water closet compartment which is accessory to a
dwelling unit shall open directly into or shall be used in conjunction
with a food store, barber or beauty shop, doctor's or dentist's
examination or treatment room, or any similar room used for public
purposes.
No person shall operate a rooming house, or shall occupy, or
let to another for occupancy, any rooming house except in compliance
with the provisions of section 3 and section 4 of this ordinance [code].
No vacant rooming unit shall be occupied or let unless it is clean,
sanitary and fit for human occupancy, and shall otherwise be in compliance
with all applicable requirements of the State of Connecticut and the
Town of Newington.
9.01.
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the enforcement officer in the name of the
operator and for the said dwelling or dwelling unit as specified in
such permit. The operator shall apply to the enforcement officer for
such permit, which shall be issued by the enforcement officer only
after determining that said rooming house is in compliance with the
applicable provisions of this ordinance [code] and with any rules
and regulations adopted pursuant thereto. This permit shall be displayed
in a conspicuous place within the rooming house at all times. No such
permit shall be transferable. Acceptance of such permit by the operator
of said rooming house shall serve as authorization by the operator
for the enforcement officer to make any and all of such inspections
or reinspections as the enforcement officer shall find to be necessary
to determine the condition of the rooming units consistent with the
enforcement of the provisions of this ordinance [code]. Such entry,
examination and survey shall be between the hours of 8:00 a.m. and
5:00 p.m. or at such time as shall be reasonable.
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Every person holding such permit shall give notice in writing
to the enforcement officer within twenty-four (24) hours after having
sold, transferred, given away, or otherwise disposed of ownership
of, interest in, or control of any rooming house. Such written notice
shall include the name and address of the person succeeding to the
ownership, interest in, or control of such rooming house. Every rooming
house permit shall expire at the end of the calendar year following
its date of issuance, unless it is earlier suspended or revoked as
hereinafter provided.
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9.02.
At least one flush water closet, lavatory basin, and bathtub or shower
that is properly connected to a public water supply or an approved
well and a public sewer or an approved septic system and in good working
condition, shall be supplied for each six (6) persons, or fraction
thereof, residing within a rooming house, including members of the
operator's family wherever they share the use of said facilities.
It is further provided:
9.02..01.
That all such facilities shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities;
9.02..02.
That no such facilities shall be located in a basement, except
by written approval of the enforcement officer;
9.02..03.
That in a rooming house where rooms are let only to males, flush
urinals may be substituted for not more than one-half (1/2) the required
number of water closets;
9.02..04.
That every lavatory basin and bathtub or shower shall be supplied
with heated and unheated water under pressure at all times;
9.02..05.
That cooking in a rooming unit and/or dormitory rooms shall
be prohibited, unless such unit is provided with a kitchen;
9.02..06.
That communal cooking and dining facilities in a rooming house
shall be prohibited, except as approved by the health officer in writing;
9.02..07.
That rooming unit doors shall have operating locks to insure
privacy.
9.03.
If linen and towels are supplied under the terms of rental, such
operator of a rooming house shall change supplied bed linen and towels
therein at least once each week, and prior to the letting of any room
to any occupant. Such operator shall be responsible for the clean
and sanitary maintenance of all supplied bedding.
9.04.
Every room occupied for sleeping purposes by one person shall contain
at least eighty (80) square feet of floor space. Every room occupied
for sleeping by more than one person shall contain at least sixty
(60) square feet of floor space for each occupant thereof. Each such
room shall also contain for each occupant not less than four (4) square
feet of closet space with an unobstructed height of at least five
(5) feet. If such closet space is lacking, an amount of space equal
in square footage to the size of any deficiency in closet space shall
be subtracted from the area of the habitable room by the enforcement
officer in determining the number of persons by whom occupancy is
permissible.
9.04..01.
Every window of every rooming unit shall be supplied with shades,
draw drapes, or other devices or material which, when properly used,
will afford privacy to the occupant of the rooming unit.
9.05.
Every rooming unit shall have one or more safe, unobstructed means
of egress leading to safe and open space at ground level, as required
by the laws of the State of Connecticut and the Town of Newington.
9.06.
Access to or egress from each rooming unit shall be provided without
passing through any rooming unit or dwelling unit.
9.07.
Every provision of this ordinance [code] which applies to rooming
houses shall also apply to hotels, motels, dormitories and clubs,
except to the extent that any such provisions may be found in conflict
with the laws of the State of Connecticut or the Town of Newington.
10.01.
The enforcement officer is hereby authorized to make inspections,
by and with authorization of the owner, occupant or person in charge,
to determine the condition of dwellings, dwelling units, and premises
within this Town of Newington for the purpose of determining compliance
with the provision of this ordinance [code]. For the purpose of making
such inspections the enforcement officer, with authorization of the
owner, occupant or person in charge, is hereby empowered to enter,
examine and survey all dwellings, dwelling units, rooming units, and
premises between the hours of 8:00 a.m. and 5:00 p.m. or at such other
time mutually satisfactory to and agreed upon by the enforcement officer
and the owner, the occupant, or the person in charge of any dwelling,
dwelling unit, or rooming unit. Such inspection, examination or survey
shall not have for its purpose the harassment of such owner or occupant.
Such inspection, examination and survey shall be made in a manner
that will cause the least amount of inconvenience to said owner or
occupant, consistent with an efficient performance of the duties of
the enforcement officer. To further ensure that the policy of this
ordinance [code] is to achieve compliance through cooperation of owners
and occupants, and to ensure that such policy will be successfully
maintained, whenever practicable the enforcement officer will provide
reasonable advance notice to the owner, the person in charge, and/or
the occupants of any planned blanket inspection and any inspections
of a routine nature.
10.02.
The owner or occupant of each dwelling, dwelling unit, rooming unit
or premises, or the person in charge thereof, upon presentation by
the enforcement officer of proper identification and authorization,
shall give the enforcement officer entry to the dwelling, dwelling
unit, rooming unit, or premises and free access to every part thereof,
provided that no inspection shall be conducted except during the hours
designated above.
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The enforcement officer shall be properly authorized for entry
into any dwelling when:
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(1)
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In his judgment, an emergency tending to create an imminent
danger to the public health, welfare, or safety exists; or
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(2)
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When such entry by the enforcement officer is requested or agreed
to by the owner, occupant or person in charge of the dwelling, dwelling
unit, rooming unit, or premises; or
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(3)
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When the enforcement officer presents a duly granted authorization
issued by a court of competent jurisdiction to enter for the purpose
of inspection, examination or survey of such premises for the purposes
hereof.
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Any owner, occupant or person in charge of a dwelling, dwelling
unit, rooming unit, or premises refusing to permit, or impeding, entry
of and free access to any part of any dwelling, dwelling unit, rooming
unit, or premises for the purpose of inspection, examination or survey
under the provisions of this subsection shall be subject to the penalties
in accordance with section 14 herein.
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10.03.
Evidence which may be discovered or obtained in the course of an
inspection made pursuant to this section shall not be disclosed except
as may be necessary by law or advisable in the judgment of the enforcement
officer for the proper and effective administration and enforcement
of the provisions of this code and rules and regulations issued pursuant
thereto and any prosecution of violators of this code.
10.04.
Every owner or operator of a rooming house or a building containing
two (2) or more rental dwelling units shall keep, or cause to be kept,
records of all requests for repair and complaints by tenants, which
requests are related to the provisions of this ordinance [code] and
to any applicable rules and regulations, and records of all corrections
made in response to such requests and complaints. Such records shall
be made available by the owner or operator to the enforcement officer
for inspection and copying upon request. Such records shall be admissible
in any administrative or judicial proceeding pursuant to the provisions
of this ordinance [code] as prima facie evidence of the violation
or the correction of violations of this ordinance [code] or of applicable
rules and regulations pursuant thereto.
10.05.
No owner or operator shall let to another person any dwelling unit
located within a building containing two (2) or more rental units
until the dwelling unit to be let has been inspected and/or approved
by the enforcement officer and a new certificate of compliance has
been issued by him, provided this section shall not apply to hotels,
motels and rooming houses. If inspection and/or approval is not made
and/or granted within five (5) working days of notification by the
owner thereof, that a unit is to be relet, the approval of the enforcement
officer shall be deemed to have been given.
10.06.
It shall be the duty of an owner of a building containing two (2)
or more rental units to post in a conspicuous place within the common
area of such building a notice of the existence of this code and including
such other information about the code which the enforcement officer
may determine to be appropriate. Such notices shall be provided by
the enforcement officer upon request.
11.01.
The enforcement officer for provisions of this code shall be the
building inspector of the Town of Newington unless otherwise specifically
stated herein.
11.02.
Whenever the enforcement officer determines that conditions exist
which cause any dwelling, dwelling unit, rooming unit, or premises
to fail to meet the minimum standards provided for in this ordinance
[code] or regulations pursuant thereto, he shall issue a notice of
violation setting forth the alleged failure or failures and requiring
that such failures be corrected. The notice of violation shall be
put in writing. Said notice of violation shall set forth the alleged
violation or violations of this ordinance [code], or the rules and
regulations pursuant thereto, and describe the dwelling, dwelling
unit, rooming unit, or premises where the violation is alleged to
exist or to have been committed. Said notice of violation shall provide
a reasonable time for the correction of any violation alleged. Said
notice of violation shall then be served upon the owner, occupant
or person in charge of the dwelling, dwelling unit, rooming unit,
or premises by such personal service as shall be in accordance with
the laws of the State of Connecticut for the service of process. Such
notice may in the alternative, however, be served on said owner, occupant
or person in charge by the use of registered or certified mail, return
receipt requested, with provisions that the postal service deliver
to addressee only.
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If one or more persons to whom such notice of violation is addressed
cannot be found after diligent effort to locate and serve such persons
as is hereinabove provided, service may be made upon such persons
by posting a copy of the notice of violation in a conspicuous place
in or about the dwelling, dwelling unit, rooming unit, or premises
described therein.
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After the passage of the period of time allowed for the correction
of any violation described in such notice of violation, the enforcement
officer shall reinspect the dwelling, dwelling unit, rooming unit,
or premises described in the notice. In making such reinspection the
enforcement officer shall follow the procedure detailed in subsections
10.01 and 10.02 hereof. Before such reinspection is undertaken, the
owner, operator or person in charge of the dwelling, dwelling unit,
rooming unit, or premises to be inspected shall be informed that any
evidence of a violation of any provision of this ordinance [code],
or any regulation pursuant thereto, may form the basis of a criminal
prosecution. The authorization of the owner, operator or person in
charge to such reinspection shall then be secured as hereinabove provided
in subsections 10.01 and 10.02.
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11.03.
In the event such authorization for a reinspection is refused, and
in the event that the enforcement officer has reasonable grounds to
believe that a violation of any provision of this ordinance [code]
or any regulation pursuant thereto has occurred or is occurring, the
enforcement officer shall apply to a court of competent jurisdiction,
describing the dwelling, dwelling unit, or premises in question and
stating the facts on which the enforcement officer has concluded that
reasonable grounds exist to form a belief that a violation of any
provision of this ordinance [code] exists for an order granting authority
to enter, inspect, examine, and survey the described dwelling, dwelling
unit, or premises for the purpose of determining whether there has
been compliance with the notice of violation.
12.01.
There is hereby created a housing code board of appeals, and the
building code board of appeals is hereby designated as the housing
code board of appeals in addition to such other duties as are prescribed
for such building code board of appeals.
12.02.
Any person aggrieved by a notice of violation addressed to such person
by the enforcement officer and issued in connection with any inspection,
examination or survey pursuant to this ordinance [code] shall be granted
a hearing on such notice of violation before the housing code board
of appeals, provided that such person shall file in the office of
the housing code board of appeals a written petition bearing the petitioner's
name and present address; requesting a hearing, and setting forth
the grounds therefore within twenty (20) days after the notice of
the enforcement officer was served upon such person. In the event
that such notice of violation has been posted as hereinabove provided,
however, said petition requesting a hearing must be filed within thirty
(30) days after the date when such notice of violation was first posted.
Within ten (10) days of the receipt of such petition, the housing
code board of appeals shall set a time and place for such hearing
and shall give the petitioner written notice thereof. Such notice
of hearing shall be by registered or certified mail, return receipt
requested. At the hearing, the petitioner shall have the opportunity
to present such facts as shall support petitioner's contention
that the notice should be modified or withdrawn. Such a hearing shall
take place within reasonable time after the receipt of the petition
by the housing code board of appeals.
12.03.
After the conclusion of the hearing, a majority of the housing code
board of appeals shall be empowered to sustain, modify or withdraw
the notice of violation. Variances from the provisions of this ordinance
[code] may be granted where circumstances warrant, if, in the judgment
of the housing code board of appeals, no harm to the public health,
welfare and safety will result from such variance.
12.04.
The housing code board of appeals is hereby authorized to administer
oaths and affirmations to witnesses at such hearings and to take the
testimony of witnesses and receive exhibits presented in such hearings.
12.05.
All proceedings at such hearings, including the findings of fact
and decision, shall be reduced to writing and said findings and decision
shall be certified and filed in the office of [the] town clerk.
12.06.
Any person aggrieved by the final decision of the housing code board
of appeals may appeal to any court of competent jurisdiction, as provided
by the laws of this state.
12.07.
Whenever, in the judgment of the enforcement officer, an emergency
exists which requires immediate action to protect the public health,
welfare or safety, the enforcement officer may, forthwith and without
notice or hearing, cause to be issued and served an order describing
the violation and reciting the existence of the emergency. The enforcement
officer may then take such action under the law as the enforcement
officer deems necessary to eliminate and cure the violation. Any costs
related to such action shall be borne by the owner. Any aggrieved
person who is served with such a notice of violation and order shall
comply with its directions at once. Said aggrieved person shall, upon
request, be given a hearing by the housing code board of appeals within
twenty-four (24) hours of any such request.
13.01.
The enforcement officer is hereby authorized to enter, inspect, examine
and survey all rooming houses between the hours of 8:00 a.m. and 5:00
p.m. Whenever upon inspection of any rooming house, the enforcement
officer finds that conditions or practices exist which are in violation
of any provisions of this ordinance [code], or of any applicable rule
or regulation adopted pursuant thereto, the enforcement officer shall
give a written warning to the operator of such rooming house that,
unless such conditions are corrected within a period of time to be
specified by the enforcement officer, the operator's permit will
be suspended. Such period of time shall be of a reasonable length.
At the end of said period of time the enforcement officer shall reinspect
such rooming house, under the conditions of his first entry and inspection
as set forth in the subsection above. If the enforcement officer determines
that such conditions have not been corrected, he shall issue an order
suspending the operator's permit.
13.02.
Any person whose permit to operate a rooming house has been suspended
by order of the enforcement officer shall be granted a hearing on
the suspension order by the housing code board of appeals in the manner
prescribed by section 12 on hearings. If no such petition for a hearing
is received by the housing code board of appeals within ten (10) days
following the day on which a permit was suspended, said permit shall
be deemed revoked. At any time within said ten (10) days following
the suspension order, however, the rooming house operator may upon
request be granted a reinspection by the enforcement officer for the
purpose of demonstrating that said rooming house has been put in compliance
with this ordinance [code] and with all regulations pursuant thereto.
Where such compliance is demonstrated to the satisfaction of the enforcement
officer the suspension of the rooming house operator's permit
shall be terminated.
Any person who shall violate any provision of this code or who
shall willfully refuse or fail to obey an order of the enforcement
officer or the housing code board of appeals to comply with this ordinance
[code], or of any rule or regulation adopted hereunder, shall, upon
conviction, be fined not more than one hundred dollars ($100.00) provided
each day's failure to comply with any such order shall constitute
a separate violation.
The designation of dwellings or dwelling units as unfit for
human habitation, and the procedure for the condemnation and placarding
of such unit dwellings or dwelling units, shall be carried out in
compliance with the following requirements:
15.01.
Any dwelling or dwelling unit which the enforcement officer shall
find to have one or more of the following defects shall be condemned
as unfit for human habitation and shall be so designated and placarded
by the enforcement officer:
15.01..01.
Any dwelling or dwelling unit that is so damaged, decayed or
dilapidated, unsanitary, unsafe or vermin-infested that it creates
a serious hazard to the health or safety of the occupants or of the
public.
15.01..02.
Any dwelling or dwelling unit that lacks illumination, ventilation
or sanitation facilities adequate to protect the health or safety
of the occupants or of the public.
15.01..03.
Any dwelling or dwelling unit that, because of its general condition
or location, is unsanitary or otherwise dangerous to the health or
safety or the occupants or of the public.
15.02.
Any dwelling or dwelling unit that is condemned as unfit for human
habitation, and so designated and placarded by the enforcement officer,
shall be vacated forthwith by all occupants thereof.
15.03.
No dwelling, dwelling unit, or rooming unit that has been condemned
and placarded as unfit for human habitation shall be used again for
human habitation until written approval is secured from the enforcement
officer and until such placard is removed by express permission of
the enforcement officer.
15.04.
No person shall willfully deface or remove the placard from any dwelling,
dwelling unit, or rooming unit which has been condemned as unfit for
human habitation and placarded as such. Whoever violates this provision
shall upon conviction be subject to a fine of not more than fifty
dollars ($50.00).
15.05.
Any person aggrieved by any order involving the condemnation and
placarding of a dwelling, dwelling unit, or rooming unit shall be
granted a hearing subject to the conditions specified in section 12
above upon the written request of such aggrieved person as provided
therein.
15.06.
In the event no corrective action is taken by the owner, occupant
or person in charge of a dwelling, dwelling unit, or rooming unit
shall be granted a hearing subject to the conditions specified in
section 12 above upon the written request of such aggrieved person
as provided therein.
15.07.
In the event no corrective action is taken by the owner, occupant
or person in charge of a dwelling, dwelling unit, or rooming unit
thus condemned as unfit for human occupancy within six (6) months
following the date of the condemnations hereinabove described, provided
that no appeal is then pending, then the enforcement officer shall
order the condemned structure to be demolished as soon as practicable
and the cost thereof shall become a lien against the remaining real
property. Any such lien may be foreclosed in the same manner as a
tax lien.
15.08.
Nothing herein contained shall be interpreted as precluding any private
right of action of any person against an owner, occupant or person
in charge of the condemned and placarded structure.
15.09.
All subsequent transferees of the condemned dwelling, dwelling unit,
or rooming unit shall be deemed to have notice of the continuing existence
of the violations alleged; and said transferees shall be liable to
all penalties and procedures provided by this ordinance [code] and
by applicable rules and regulations issued pursuant thereto to the
same degree as was their transferrer.
16.01.
In any case where a provision of this ordinance [code] is found to
be in conflict with any existing code, ordinance or regulation of
the Town of Newington existing on the effective date of this ordinance,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail.
16.02.
If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance [code] be declared invalid for any reason whatever,
such decision shall not affect the remaining portions of this ordinance
[code] which shall remain in full force and effect. To this end the
provisions of this ordinance [code] are hereby declared to be severable.
16.03.
The enforcement officer and his assistants shall be
free from personal liability for acts done in good faith in the performance
of official duties. 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 duties under this code, shall be defended
by the legal representative of the municipality until the final determination
of the proceedings therein.
