[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:
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.
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:
Lack of adequate ventilation or light.
Lack of adequate and property functioning sanitary facilities.
Lack of adequate and healthful water supply.
Structural, mechanical or electrical defects which increase
the hazards of fire, accident or other calamity.
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.
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.
A.
The amount
of the security funds to be deposited with the Commission shall be
computed in the following manner:
(1)
Where the owner owns between four and 25 dwelling units, the owner
shall deposit $100 for each dwelling unit.
(2)
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.
(3)
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.
B.
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.
A.
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:
(1)
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.
(2)
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.
B.
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:
C.
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:
A.
It has examined those circumstances and conditions alleged to constitute
an emergency condition and has declared an emergency condition to
exist.
B.
The remedying of such emergency condition is the owner's responsibility.
C.
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.
D.
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.
E.
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.
A.
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.
B.
In the event of a continuing violation, each day shall constitute
a separate violation.
