[Adopted by Ord. No. 2001-17 (§ 13-10.18 of the 1996 Revised General Ordinances)]
In applying and interpreting this article, the following definitions shall be used:
- DWELLING UNIT
- Any room(s), or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping, dwelling or residence purposed by one or more persons.
- EMERGENCY CONDITIONS
- Any condition dangerous or injurious to the health or safety of the occupants of a building or occupants of a neighboring building which arises out of any of the following circumstances or conditions:
- A. Lack of adequate ventilation or light.
- B. Lack of adequate and property functioning sanitary facilities.
- C. Lack of adequate and healthful water supply.
- D. Structural, mechanical or electrical defects which increase the hazards of fire, accident or other calamity.
- E. From October 1 of each year until the next succeeding May 1, failure to maintain every unit of dwelling space and every habitable room therein at a temperature of at least 68° F. whenever the outside temperature falls below the 55° F. during the daytime hours of 6:00 a.m. to 11:00 p.m. or failure to maintain every unit of dwelling space and every habitable room therein at a temperature of at least 55° F. whenever the outside temperature falls below the 40° F. during the nighttime hours of 11:00 p.m. to 6:00 a.m. In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building.
- MULTIPLE DWELLING
- Any building or structure of one or more stories and any land appurtenant thereto and any portion thereof in which four or more dwelling units are occupied or are intended to be occupied by four or more persons who live independently of each other. Premises which are used primarily for purposes other than sleeping, dwelling or residence purposes shall not be considered a multiple dwelling.
The owner of a multiple dwelling, designated by the Multiple Dwelling Emergency Commission established pursuant to § 4-95 of this Code, shall deposit with the Commission security funds to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies with are necessary to correct, eliminate or alleviate an emergency condition.
The amount of the security funds to be deposited with the Commission shall be computed in the following manner:
Where the owner owns between four and 25 dwelling units, the owner shall deposit $100 for each dwelling unit.
Where the owner owns between 26 and 40 dwelling units, the owner shall deposit $2,500 for the first 25 units and $50 for each additional unit.
Where the owner owns more than 40 dwelling units, the owner shall deposit $3,250 for the first 40 units and $30 per unit for each additional dwelling unit.
In no event shall an owner be required to deposit more than $5,000 in security funds pursuant to this article. All funds required to be deposited under the terms of this article shall be deposited with the Commission by delivering such funds to the office of the Department of Public Safety of the City within 10 days after receipt of notice from the Commission of the amount due. Notice of the amount due may be given by the Commission, or its agent, but personally delivering the same to the owner, or the owner's agent, servant, employee or joint venturer on the owner's premises, or by certified and ordinary mail sent to the owner's last registered address. Upon receipt of such security funds, the Commission shall deposit the same in an interest-bearing account in the name of the Commission in trust for each particular owner. All interest payable on such accounts shall accrue to the particular owner on whose behalf the account is maintained by the Commission.
In the event that the Commission spends money from any account, as authorized by this article, thus reducing the amount in the account and leaving less than the sum required as computed in § 329-33 above, the Commission shall immediately notify the owner, in the same manner as notification is given therein, of the amount necessary to bring that account up to the originally required amount. The owner shall thereafter deposit the required sum necessary to bring the account up to the originally required amount with the Commission and within the following time schedule:
Where the balance remaining in the owner's account is more than $1,500, the deposit shall be made within 30 days from the date the owner received notice.
Where the balance remaining in the account is $1,500 or less, the deposit shall be made within five days from the date the owner received notice.
Where the Commission has spent money from an account, the owner of the premises may appeal to the Mayor and Board of Commissioners of the City for a hearing concerning solely the following issues:
If such appeal is desired, the owner, within 10 days of receiving notice of the amount spent, shall file with the Clerk of the City a letter requesting such appeal. The Board of Commissioners of the City shall hold a hearing regarding the aforementioned issues not less than 10 nor more than 30 days after the City Clerk has received the request from the owner, and it shall render its decision within 30 days after the hearing has been concluded. By mutual consent between the Board of Commissioners and an aggrieved party, the time limitation herein stated may be extended.
The Commission shall be authorized to expend the moneys from the account it maintains for an owner to correct, eliminate or alleviate an emergency condition only when:
It has examined those circumstances and conditions alleged to constitute an emergency condition and has declared an emergency condition to exist.
The remedying of such emergency condition is the owner's responsibility.
The owner or the owner's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the Commission or an affected tenant in person or by regular mail, telegram or telephone conversation.
No work has been commenced by the owner or the owner's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 24 hours after the owner or the owner's agent, servant, employee or joint venturer has received notice of the circumstances and conditions constituting the emergency condition.
Where work was commenced within the twenty-four-hour period referred to in Subsection D above, but such work has not been reasonably completed within 72 hours after the work was commenced and such work, under the applicable circumstances and in the opinion of the Health Officer or the Building Inspector, would have been completed within 72 hours, any such withdrawal and expenditure of security funds by the Commission shall require the signatures of any two members of the Commission.
Any person found guilty of violating this article shall be subject to a penalty consisting of a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both, subject to the discretion of the Judge.
In the event of a continuing violation, each day shall constitute a separate violation.