[Ord. of 12-3-1962, § 100.1]
This Chapter shall be known as the "Minimum Housing Standards
Ordinance."
[Ord. of 12-3-1962, § 100.2]
It is hereby found and declared that there exist in the city
structures used for human habitation, which are or may become in the
future substandard with respect to structure, equipment or maintenance,
and further that such conditions, together with inadequate provision
for light and air, insufficient protection against fire hazards, lack
of proper heating, unsanitary conditions and overcrowding, constitute
a menace to the health, safety, morals, welfare and reasonable comfort
of its citizens. It is further found and declared that the existence
of such conditions, factors or characteristics will, if not remedied,
create slum and blighted areas requiring large scale clearance, and
further that, in the absence of corrective measures, such areas will
experience a deterioration of social values, a curtailment of investment
and tax revenue and an impairment of economic values. It is further
found and declared that the establishment and maintenance of minimum
housing standards are essential to the prevention of blight and decay
and the safeguarding of public health, safety, morals and welfare.
[Ord. of 12-3-1962, § 100.3]
The purpose of this Chapter is to protect the public health,
safety, morals and welfare of the people of the city by establishing
minimum standards governing the condition, occupancy and maintenance
of dwellings, dwelling units, rooming houses, rooming units and premises;
establishing minimum standards governing utensils, facilities and
other physical components and conditions essential to make dwellings,
dwelling units, rooming houses, rooming units and premises safe, sanitary
and fit for human habitation; fixing certain responsibilities and
duties of owners, operators, agents and occupants of dwellings and
dwelling units, rooming houses and rooming units; authorizing and
establishing procedures for the inspection of dwellings, dwelling
units, rooming houses and rooming units and the condemnation and vacation
of those dwellings, dwelling units, rooming houses and rooming units
unfit for human habitation; and fixing penalties for the violations
of the provisions of this Chapter. This Chapter is hereby declared
to be remedial and essential to the public interest, and it is intended
that this Chapter be liberally construed to effectuate the purposes
as stated above.
[Ord. of 12-3-1962, § 100.5]
Every portion of a building or premises, used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of this Chapter, 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 building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to January 1, 1963. This Chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment of facilities except as provided in Section 12-5.
[Ord. of 12-3-1962, § 100.6]
In any case where a provision of this Chapter is found to be
in conflict with a provision of any zoning, building, electrical,
plumbing, fire, safety or health ordinance or any regulation adopted
pursuant thereto or any other ordinance, code or regulation of the
city, the provision which establishes the highest standard shall prevail.
[Ord. of 12-3-1962, § 100.7]
All departments, officials and employees of the city who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling units, rooming houses or rooming units, equipment or facilities shall conform to the provisions of this Chapter, and no such permit or license shall be issued, if such would be in conflict with this Chapter, except as provided in Section 12-5.
[Ord. of 12-3-1962, § 100.8]
Nothing in this Chapter shall be deemed to abolish or impair
existing remedies of the city or its officers or agencies relating
to the removal or demolition of any buildings which are deemed to
be dangerous, unsafe or unsanitary.
[Ord. of 12-3-1962, § 100.10; Ord. of 12-1983, § 36]
This Chapter shall not affect violations of any other ordinance,
code or regulation of the city existing prior to January 1, 1984,
and 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.
[Ord. of 12-3-1962, § 100.11; Ord. of 6-5-1967, § 1; Ord. of 2-19-1968, § 1;
Ord. of 7-6-1970; Ord. of 10-3-1977, § 1]
For the purposes of this Chapter, the following terms shall
have the meanings respectively ascribed:
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or located on the same
premises.
Approved by the head of the Code Enforcement Agency under
the provisions of this Chapter or the rules and regulations adopted
pursuant thereto, or approved by an authority designated by law or
by this Chapter.
The portion of the building that is partly underground which
has more than 1/2 its height measured from clear floor to ceiling
above the average finished grade of the ground adjoining the building.
Enclosed space containing one or more bathtubs, showers,
or both, and which may also include toilets, lavatories or fixtures
serving similar purposes.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof"
unless the context clearly requires a different meaning.
Lowermost portion of the building partly or totally underground
having 1/2 or more of its height, measured from clear floor to ceiling,
below the average finished grade of the adjoining ground.
Building containing not more than two dwelling units occupied
exclusively for residential uses. Residential uses shall include a
private garage and customary home occupations conducted in the dwelling
by the occupants, such as the practice of a profession.
One or more rooms with living, cooking, sanitary and sleeping
facilities therein, arranged for one family with whom may reside not
more than four lodgers or boarders.
Open space on the premises and vacant open space on adjacent
premises.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating
or trapping; or by any other approved means of pest elimination.
The animal, vegetable and mineral waste resulting from the
handling, preparation, cooking and consumption of food.
Natural surface of the ground, or surface ground after completion
of any change in contour.
The total area of all habitable space.
Space occupied by one or more persons for living, sleeping,
eating or cooking; excluding kitchenettes, bathrooms, toilet rooms,
laundries, pantries, dressing rooms, storage spaces, foyers, hallways,
utility rooms, heater rooms, boiler rooms and basement or cellar recreation
rooms.
The presence, within or contiguous to a dwelling, dwelling
unit, rooming house, rooming unit or premises, of insects, rodents,
vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food and deemed
habitable space.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food and not deemed habitable space.
A building containing three or more dwelling units;
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families; or
A building with one or more sleeping rooms, other than a one-
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
Any person over one-year of age, living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a multiple
residence or rooming house, in which dwelling units or rooming units
are let or offered for occupancy.
Temperature based on the average of the low temperature recorded
in the area, either during the last 25 years or as long as temperature
records have been kept.
Owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person in control of
a building.
Pipes, fixtures and other apparatus for supplying water for
consumption or for the conveyance of waste and drainage.
Water duly approved as satisfactory and safe for drinking.
A lot, plot or parcel of land including the building or structures
thereon.
Sewer operated by a public authority or public utility and
available for public use.
A building, or part thereof, which contains one or more rooming
units and in which space is occupied or intended to be occupied by
five or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living or sleeping but not for cooking
or eating purposes.
All combustible and noncombustible waste, except garbage.
Waste from a flush toilet, bath, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
A combination of any materials, whether fixed or portable,
forming a construction, including buildings. The word "structure"
shall be construed as though followed by the words "or part or parts
thereof."
Facilities paid for, furnished or provided by or under the
control of the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utility system for more
than 30 consecutive days. Any tent, trailer or other structure occupied
for more than 30 consecutive days shall meet all requirements of this
code.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
