[HISTORY: Adopted City of Norwalk Common Council 7-10-1979.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
59, Housing Code, adopted 5-10-1960, as amended. Said ordinance also
provided as follows:
"The purpose of this Code is to establish minimum standards
for the condition and maintenance of dwellings in order to make dwellings
and the environment safe, sanitary and fit for human habitation; to
prevent blight; and to Insure that all residents of Norwalk enjoy
a decent standard of living."
A.
BASEMENT
CELLAR
DIRECTOR OF PUBLIC HEALTH
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
GARBAGE
GUEST
HABITABLE ROOM
HOUSEHOLD
INFESTATION
KITCHEN
KITCHENETTE
LEAD PAINT
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERMISSIBLE OCCUPANCY
PERSON
PLUMBING
REGISTER OF OCCUPANT
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation and enforcement
of this chapter:
A portion of a building located partly underground, but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
The legally designated health authority of the city or his
authorized representative.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human beings, provided that "temporary
housing" as defined in this section shall not be regarded as a "dwelling."
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating, which
contains a complete bathroom fixture group and an approved kitchen
or kitchenette.
The control and elimination of insects, rodents or other
pests 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 recognized and legal
pest-elimination methods approved by the Director of Public Health.
One person plus one or more persons who are legally related
to said person and residing in the same dwelling unit with said person,
provided that this shall not limit the number of persons residing
in a single location under the terms of Sections 8-119d through 8-119j
of the Connecticut General Statutes concerning congregate housing
for the elderly.
The animal and vegetable waste resulting from the handling,
preparation, cooking, storage, spoilage and consumption of food.
Any noncontributing person who shares a dwelling unit in
a nonpermanent status for not more than 60 days.
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 70 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.
A family, including servants and not more than two boarders,
who shares the same dwelling and uses some or all of its cooking and
eating facilities.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
A room used for the preparation of foods, which shall contain
at least one gas or electric stove with a minimum of three top burners,
an oven for cooking, one gas or electric refrigerator, a kitchen-type
sink properly installed and serviced with running hot and cold water
and cabinets for the storage of dry foods, dishes, pots and pans.
A small kitchen or alcove which shall contain the facilities
of a kitchen. These facilities may be constructed and/or arranged
in a compact unit.
Any pigmented, liquid substance applied to surfaces by brush,
roller or spray in which the total nonvolatile ingredient contains
more than 1% of lead by weight, calculated as metallic lead.
Any dwelling containing more than two dwelling units.
Any person over one year of age living, sleeping, 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."
Any person who has the charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof.
Shall have charge, care or control of any dwelling or dwelling
unit, as owner, agent of the owner, fiduciary or any other legal representative
of the owner or his estate. Any such person thus representing the
actual "owner" shall be bound to comply with the provisions of this
chapter and of rules and regulations adopted pursuant thereto to the
same extent as if he were the "owner."
The maximum number of persons permitted as family or household or not more than five unrelated people to reside in a dwelling unit or rooming unit, based on the formula for square footage stated in § 59-7 of this chapter.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
drains, vents and any other similar supplied fixtures, together with
all connections to water, approved sewage-disposal systems or gas
lines.
A written record containing the true name, address, place
of employment, if any, and initial date of occupancy of all persons
occupying rooming house premises.
Any dwelling, or the part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, or sister or brother of the owner or operator, provided
that hospitals, homes for the aged and other institutions licensed
by the State Department of Health under Chapter 181 of the Connecticut
General Statutes shall not be regarded as "rooming houses" or as subject
to the provisions of this chapter.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, which may include
a kitchenette.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or similar structure which is to be used
for temporary human shelter shall be in accordance with Section 314.0,
Temporary Structures, of the State of Connecticut Basic Building Code
and as approved by the Norwalk Building Board of Appeals.
[Amended 4-24-1984]
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" or "premises" are used in this
chapter, they shall be construed as though they were followed by the
words "or any part thereof." Whenever the masculine pronoun is used,
it shall also mean the feminine.
The Director of Public Health is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the city in order
that he may perform his duty of safeguarding the health, environment,
welfare and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Director of
Public Health is hereby authorized to enter, examine and survey at
all reasonable times all dwellings, dwelling units, rooming units
and premises. The owner or occupant of every dwelling, dwelling unit
and rooming unit, or person in charge thereof, shall give the Director
of Public Health free access to such dwelling, dwelling unit or rooming
unit and its premises at all reasonable times for the purpose of such
inspection, examination and survey. Each occupant of a dwelling or
dwelling unit shall give the owner therof, or his agent or employee,
access to any part of such dwelling or dwelling unit, or its premises,
at all reasonable times for the purpose of making such repairs and/or
alterations as are necessary to effect compliance with the provisions
of this chapter or any lawful order issued pursuant to the provisions
of this chapter.
A.
There is hereby created a Code Enforcement Committee which shall
consist of the Building Inspector, Director of Public Health, the
Fire Chief, the Fire Marshal, the Executive Director of the Housing
Authority, the Police Chief, the Director of the Redevelopment Agency,
the Planning Director and a member of the Common Council appointed
by the Mayor. The Committee shall elect from its own members a Chairman
who shall not be the Director of Public Health. The Secretary shall
be a stenographer assigned to the Committee by the City Clerk. Such
Committee shall be responsible for coordinating the code enforcement
program of the city, with particular reference to the urban renewal
and general planning objectives of the city. Any member of the Committee
may designate an official of his department to represent him at meetings
of the Committee.
B.
Whenever the Director of Public Health determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this chapter, he shall give notice of such alleged violation
to the person responsible therefor, as hereinafter provided.
(1)
Such notice shall:
(a)
Be in writing.
(b)
Include a statement of reason why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent, or the operator or occupant,
as the case may be or as the case may require, provided that such
notice shall be deemed to be properly served upon such owner or agent,
or upon such operator or upon such occupant, if a copy thereof is
served upon him personally or if a copy thereof is sent by certified
mail to his last known address, or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice,
or if he is served with such notice by any other method authorized
or required under the laws of this state.
(e)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter and with rules
and regulations adopted pursuant thereto.
(2)
The Director of Public Health may grant extensions of time fixed
in said notice, provided that the following criteria are met:
(a)
A request must be presented to the Director no later than five
working days before the allotted time has expired.
(b)
The request for extension must be in writing and signed by the
responsible party.
(c)
The request must contain a statement of facts or proof related
to the reason why the original time was not, or could not, be adhered
to.
(d)
The facts presented are found to be reasonably accurate.
(e)
There exists no immediate danger to the occupants residing on
the premises or to the public.
C.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and, upon the payment of a fee payable to the Treasurer of the city,
shall be granted a hearing on the matter before the Code Enforcement
Committee, provided that such person shall file in the office of the
Director of Public Health a written petition requesting such hearing
and setting forth a brief statement of the grounds thereof within
20 days after the day the notice was served. Upon receipt of such
petition, the Director of Public Health shall notify the Committee
to set a time and place for such hearing and shall give the petitioner
five days' written notice thereof.
[Amended 6-10-1980[1]]
(1)
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted.
(2)
The hearing shall be commenced not later than 60 days after the day
on which the petition was filed, provided that upon application of
the petitioner the Committee may postpone the date of the hearing
for a reasonable time beyond such sixty-day period if, in its judgment,
the petitioner has submitted a good and sufficient reason for such
postponement, but in no event shall such hearing be postponed longer
than 60 days.
D.
Such hearing shall be had before a panel of five or more members
of the Committee. The panel, by a majority vote of those present,
may sustain, modify or withdraw the notice; it may also grant an extension
or variance in accordance with the following conditions:
(1)
The time for performance of any act required by the notice may be
extended for not more than 18 months subject to appropriate conditions
and where the Committee makes specific findings of fact, based on
evidence relating to the particular case:
(a)
That there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of any provision of this
chapter.
(b)
That such extension is in harmony with the general purpose and
intent of this chapter in securing the public health, environment,
safety and general welfare.
(2)
A variance may be granted in a specific case and from a specific
provision of this chapter subject to appropriate conditions and where
the Committee makes specific findings of fact, based on evidence relating
to the particular case:
(a)
That there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provision.
(b)
That the effect of the application of the provisions would be
arbitrary in the specific case.
(c)
That an extension would not constitute an appropriate remedy
for these practical difficulties or unnecessary hardships and this
arbitrary effect.
(d)
That such variance is in harmony with the general purpose and
intent of this chapter in securing the public health, environment,
safety and general welfare.
E.
If the notice is sustained, modified or extended, it shall become
an order as so sustained, modified or extended. If the notice is withdrawn,
the fee shall be returned to the petitioner. Any notice served pursuant
to this section shall automatically become an order if a written petition
for a hearing is not filed in the office of the Director of Public
Health within 20 days after such notice is served.
[Amended 9-8-1992]
F.
After a hearing in the case of any notice suspending any permit required
by this chapter, when such notice has been sustained by the Committee,
the permit shall be deemed to have been revoked. Any such permit which
has been suspended by a notice shall be deemed to be automatically
revoked if a petition for hearing is not filed in the office of the
Director of Public Health within 20 days after such notice is served.
G.
The proceedings at such hearings, including the findings and decision
of the Code Enforcement Committee, shall be summarized, reduced to
writing by the Secretary and entered as a matter of public record
in the office of the Director of Public Health and open to reasonable
public inspection. Such record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Director of Public Health or the Code Enforcement
Committee may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
H.
Emergencies; immediate action by Health Officer.
(1)
In cases wherein conditions of extreme danger pose a threat to life
and limb of occupants and where an immediate repair or replacement
will correct the situation, the Health Officer shall be authorized
to correct such emergency conditions by contracting with a competent
person or persons to make repairs and/or replacements within 24 hours.
(2)
The cost of such service, which shall not exceed $500 shall be paid
by the City of Norwalk within 90 days after the bill is presented.
The costs incurred as aforesaid shall bear interest at the rate of
1% per month for each month after the expiration of said ninety-day
period.
(3)
There shall be added to the expenses incurred by the city a sum of
not to exceed 5% thereof as a service charge and an additional 10%
of the expense thereof as a penalty. Said expenses, including interest,
service charge and penalty, shall be collected from the owner by an
action in the name of the city.
(4)
A lien in the name of the owner and describing the property repaired
shall be filed in the land records of the city in an amount which
shall include the expense incurred, together with the service charge
and penalty as above provided for. Notice of said lien shall be sent
to the owners and holders of mortgages on the property repaired.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or dwelling unit for the purpose of living,
sleeping, cooking or eating therein which does not comply with the
following requirements:
A.
Every dwelling unit shall contain a room or space for the storage,
preparation and cooking of food, which shall include space for a stove
or other cooking facilities and space for dry-food storage and space
for refrigerated food storage, and shall include a kitchen sink installed.
The sink shall be in good working condition and properly connected
to hot and cold running water systems under pressure and approved
sewage disposal system, which sink and systems shall be installed
and maintained in a manner prescribed by the ordinances, rules and
regulations of the city.
B.
Every dwelling unit, except as otherwise permitted under § 59-4C, shall be equipped with a complete bathroom fixture group consisting of a flush water closet, lavatory basin and bathtub or shower in good working condition and installed and maintained in a manner prescribed by the ordinance, rules and regulations of the city. Such fixture group shall be properly connected to an approved sewage disposal system and to an approved hot and cold running water system under pressure, except that the flush water closet shall be connected to an approved sewage system and to an approved cold running water system under pressure. The flush water closet, lavatory basin and bathtub or shower need not be installed in the same room, but the room shall afford privacy to a person within such room.
C.
The occupants of not more than two dwelling units may share a single
flush water closet and/or a single lavatory basin and/or a single
bathtub or shower if:
(1)
The dwelling units were created on or before the effective date of
this chapter.
(2)
Neither of the two dwelling units contains more than one room, provided
that, for the purposes of this subsection, a kitchenette or an efficiency
kitchen with not more than 60 square feet of floor area shall not
be counted as a room.
(3)
The habitable area of each such dwelling unit shall equal not more
than 250 square feet of floor area.
(4)
Such water closet, lavatory basin and bathtub or shower shall be in good working condition, installed and maintained and properly connected as required in § 59-4B.
(5)
Such shared facilities are located within the dwelling so as to be
reasonably accessible from a common hall or passageway to all persons
sharing such facilities.
(6)
Such shared facilities are contained within a room which affords
privacy to a person within such room.
D.
Every dwelling unit shall be supplied with adequate rubbish storage
facilities and with adequate garbage disposal facilities or garbage
storage containers whose type and location are approved by the Director
of Public Health. It shall be the responsibility of the owner to supply
such facilities or containers for all dwelling units in a dwelling
containing three or more dwelling units and for all dwelling units
located on premises where more than four dwelling units share the
same premises. In all other cases, it shall be the responsibility
of the occupants to furnish such facilities or containers.
E.
The water-heating facilities necessary to provide the hot water required under §§ 59-4A, B and C and 59-9G shall be properly installed and connected to the hot-water lines required under those subsections, shall be maintained in safe and good working condition and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, dwelling unit, rooming house or rooming unit heating facilities required under the provisions of §§ 59-5E and 59-9 are not in operation.
F.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
statutes, ordinances and regulations of the state and the city.
G.
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 subject to letting or occupancy by children
is prohibited. Such interior surfaces include, but are not limited,
to windowsills, window frames, doors, door frames, walls, ceilings,
stair rails and spindles and all other appurtenances of the interior
portion of the dwelling premises.
H.
Every dwelling or accessory structure, and the premises upon which
it is located, shall be rodentproof 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.
I.
Every dwelling unit shall have closet or storage space of at least
four square feet floor-to-ceiling height for 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.
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 following requirements:
A.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum aggregate glass area of windows
for habitable rooms shall not be less than 8% of the floor area of
the room served by them. Whenever walls or other portions of structures
face a window of any habitable room and such light-obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such window 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 minimum aggregate glass area of such skylight shall
be not less than 15% of the total floor area of such room.
[Amended 4-24-1984]
B.
Every habitable room shall have at least one window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in § 59-5A, except where there is supplied some other device affording adequate ventilation and approved by the Director of Public Health.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in § 59-5A and B, except where the bathroom or water closet compartment is adequately ventilated by a ventilation system which is kept in continuous or automatic operation and approved by the Director of Public Health.
D.
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling, every dwelling unit
and all public and common areas shall be supplied with electric service,
outlets and fixtures 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 city. The capacity of such services and the
number of outlets and fixtures shall be:
(1)
Every habitable room shall have an electric service and outlets and/or
fixtures capable of providing at least three watts per square foot
of floor area.
(2)
Every habitable room shall have at least one floor- or wall-type
duplex electric convenience outlet for each 60 square feet or fraction
thereof of floor area, and in no case less than one such outlet. If
two or more such outlets are required, they shall not be on the same
wall or immediate floor area.
(3)
Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one supplied ceiling- or wall-type
electric light fixture. Whenever electric service is supplied to more
than one family through one meter, the owner shall be responsible
to provide adequate electricity at all times.
E.
Every dwelling or dwelling unit shall be supplied with heating facilities
which are properly installed, are maintained in safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments located therein to
a temperature of at least 65° F. at a distance of three feet above
floor level when the outdoor temperature is 0° F. Either central-
or space-heating facilities may be used, but must meet the following
requirements:
[Amended 2-11-1986]
(1)
Every central unit and/or central hot-water heating unit shall:
(a)
Have every heat duct, steam pipe and/or hot-water pipe free
of leaks and functioning properly to provide an adequate amount of
heat and/or hot water to the intended place of delivery.
(b)
Be provided with seals between sections of hot-air furnaces
to prevent the escape of noxious gases into heat ducts.
(c)
If employing electricity, be connected to an electric circuit
of adequate capacity in an approved manner.
(d)
Be provided with automatic or safety devices and be installed
and operated in the manner required by the statutes, ordinances and
regulations of the state and the city.
(e)
Whenever a single heating unit services more than one dwelling,
the owner shall be responsible to provide adequate heat and/or hot
water, maintenance of said unit and fuel at all times.
(2)
Every space-heating unit and/or unit hot-water facility shall:
(a)
Space heaters of any type using liquid fuel (kerosene, fuel
oil, gasoline, etc.) shall not be used in any building used or intended
to be used for the purpose of living therein.
(b)
Not be of the portable type if using solid, liquid or gaseous
fuel.
(c)
If employing a flame, be connected to a flue or vent in the
manner required by the statutes, ordinances and regulations of the
state and the city.
(d)
If employing solid or liquid fuels, have a fire-resistant panel
beneath it.
(e)
Be located at least three feet away from any wall or be equipped
with insulation sufficient to prevent the overheating of any wall
in a manner prescribed by the current standards of the American Standards
Association and the National Fire Protection Association.
[Amended 4-24-1984]
(f)
If employing gaseous fuel, be equipped with other than rubber
tube or armored rubber tube connector.
(g)
If employing electricity, be connected to an electric circuit
of adequate capacity in an approved manner.
(h)
Be installed and operated in the manner required by the statutes,
ordinances and regulations of the state and the city.
F.
Every common hallway and stairway in every multiple dwelling shall
be adequately lighted with lighting facilities sufficient to provide
at least one footcandle of light at the floor or stair tread level
at all times. Every common hallway and stairway in structures devoted
solely to dwelling occupancy and containing not more than two dwelling
units may be supplied with conveniently located light switches controlling
an adequate lighting system which may be turned on when needed instead
of full-time lighting.
G.
During the portion of each year when the Health Officer deems it
necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
shall have supplied screens and a self-closing device; and every window
or other device with openings to outdoor space, used or intended to
be used for ventilation, shall likewise be supplied with screens.
H.
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
I.
Whenever gas service is supplied to more than one family through
one meter, the owner shall be responsible to provide adequate gas
at all times.
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 following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof, shall be capable of affording
privacy and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound
working condition and good repair.
C.
Every inside and outside stair, every porch and every appurtenance
thereto shall be maintained and kept in sound condition and good repair.
D.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
F.
All rainwater shall be so drained and conveyed from every roof as
not to cause dampness in the walls, ceilings or floors of any habitable
room, or of any bathroom or water closet compartment.
G.
All exterior wood surfaces shall be protected from the elements and
decay by paint or other protective covering or treatment.
H.
All walls, ceilings, interior woodwork, doors and windows shall be
kept free of flaking, peeling or loose paint.
I.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
J.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, 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 Director of Public Health.
K.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is in a clean, safe and sanitary condition that complies
with the intent of this chapter.
[Amended 4-24-1984]
Minimum space requirements for dwellings and dwelling units
shall be erected or altered pursuant to the State Building Code as
stated in § 19-398b of the General Statutes of Connecticut.
The following responsibilities of owners and occupants are in
addition to those specified elsewhere throughout this chapter:
A.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 59-4D.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage, and any other organic waste which might provide food for rodents, in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 59-4D.
E.
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
chapter 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, it shall become the responsibility
of the occupant to maintain or replace screens, etc., once they have
been installed.
F.
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, and 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 ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any dwelling or in
the shared or public parts of any dwelling containing two or more
dwelling units, extermination thereof shall be the responsibility
of the owner.
G.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
H.
It shall be a violation of this chapter for any occupant or tenant
to increase the number of persons in the dwelling unit rented by him
beyond the number permitted in this chapter, and whenever such occupant
or tenant is found responsible for such violation, such person will
be subject to the penalties prescribed herein.
I.
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, fit for human occupancy
and comply with all applicable legal requirements of the State of
Connecticut and the state municipalities.
J.
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.
K.
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 harborage or food for rodents in
or about any dwelling, dwelling unit or structure.
L.
No owner shall let for occupancy any dwelling or dwelling unit unless
all exterior doors and all accessible windows, etc., of the dwelling
or dwelling unit are equipped with safe, functioning locking devices.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with the provisions of this chapter, except the provisions of §§ 59-4, 59-8.
A.
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the Director of Public Health in the name of
the operator and for the specific dwelling or dwelling unit. The operator
shall apply to the Director of Public Health for such permit, which
shall be issued by the Director of Public Health upon compliance by
the operator with the applicable provisions of this chapter. This
permit shall be displayed in a conspicuous place within the rooming
house at all times. No such permit shall be transferable. Every person
holding such permit shall give notice in writing to the Director of
Public Health within 24 hours after having sold, transferred, given
away or otherwise disposed of ownership of, interest in or control
of any rooming house. Such shall include the name and address of the
person succeeding to the ownership or control of such rooming house.
The Director of Public Health shall send a copy of the permits, suspensions,
revocations or terminations to the Police Department. Every rooming
house permit shall expire on the last day of January following its
date of issuance, unless sooner suspended or revoked as hereinafter
provided.
B.
The application for a rooming house permit will be made on a form
prescribed by the Director of Public Health in a quantity of copies
as prescribed by the Director of Public Health and shall include the
name and address of the applicant, the name and address of the premises
to be used as such rooming house, the number of dwelling units included
in such rooming house premises and any other information required
by the Director of Public Health.
C.
It shall be the duty of the Director of Public Health to issue a
rooming house permit for every application which is favorably acted
upon, and it shall also be his duty to keep a record of all permits
so granted hereunder, and such permits shall contain the number and
date of all permits, the name and residence of the person receiving
such permit, the address of the premises so licensed and the date
upon which any permit shall be revoked or suspended and the period
of suspension. The fee for such permit shall be collected by the Director
of Public Health on issuance of such permit. The Director of Public
Health shall prepare and keep a detailed account of all his receipts
for such permits and make return thereof to the City Treasurer at
least once every six months.
[Amended 6-10-1980[1]]
D.
Any person whose application for a permit to operate a rooming house has been denied may request in writing and shall be granted a hearing on the matter before the Code Enforcement Committee under the procedure provided by § 59-3 for the hearing of petitions relating to notices.
E.
Whenever, upon inspection of any rooming house, the Director of Public
Health finds that conditions or practices exist which are in violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, the Director of Public Health shall give notice
in writing to the operator of such rooming house that, unless such
conditions or practices are corrected within a reasonable period,
to be determined by the Director of Public Health, the operator's
rooming house permit will be suspended. At the end of such period
the Health Officer shall reinspect such rooming house, and, if he
finds that such conditions or practices have not been corrected, he
shall give notice in writing to the operator that the latter's
permit has been suspended. Upon receipt of notice of suspension, such
operator shall immediately cease operation of such rooming house,
and no person shall occupy for sleeping or living purposes any rooming
unit therein.
F.
Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Director of Public Health that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request in writing and shall be granted a hearing on the matter before the Code Enforcement Committee under the procedure provided by § 59-3, provided that if no petition for such hearing is filed with 20 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
G.
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and approved sewage disposal system approved by the Director of Public Health and in good working condition shall be supplied for each six persons, or fraction thereof, residing within a rooming house, including members of the operator's family wherever they share the use of such facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets. 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. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times in accordance with the provisions of § 59-4E. No such facilities shall be located in a basement, except by written approval of the Director of Public Health.
H.
The operator of every rooming house shall provide bed linen and towels
therein, and said linen and towels shall be changed at least once
a week and prior to the letting of any room to any occupant. The operator
shall be responsible to maintain all supplied bedding in a clean and
sanitary manner.
I.
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of usable floor area as defined in § 59-7B,
and every room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of usable floor area having
a ceiling height of at least seven feet six inches as so defined for
each additional occupant thereof.
J.
A rooming unit may include a kitchenette, provided that the area
of the unit is not less than a total of 120 square feet for one occupant
and an additional 60 square feet for every additional occupant.
K.
No meals may be prepared and eaten in a rooming house unless such meals are prepared and eaten in communal kitchens and dining rooms, or unless the rooming unit includes a kitchenette, and complies with the size requirements of § 59-9J.
L.
A communal kitchen shall comply with the following standards:
(1)
It shall contain at least 100 square feet of floor area in every
case.
(2)
It shall be supplied with one dining chair and two lineal feet of dining table space, in addition to the surface area for food preparation required under § 59-9L(6) below, for each occupant of the rooming house, the surface of each dining table to be smooth and easily cleanable.
(3)
It shall contain at least one supplied kitchen sink of an approved type which shall be supplied with hot water at all times in accordance with the provision of § 59-4E.
(4)
It shall contain at least one supplied kitchen gas stove or electric
stove, every such stove to have at least two top burners and an oven.
(5)
It shall contain one or more supplied electric or gas refrigerators
with an adequate food storage capacity.
(6)
It shall contain one or more supplied tables or other facilities
having a total surface area for food preparation of not less than
six square feet, the surface of each table or other facility to be
suitable for the preparation of food, smooth and easily cleanable.
(7)
It shall contain at least one supplied cabinet of adequate size for
and suitable for storage of food and eating and cooking utensils assigned
to each rooming unit.
(8)
It shall be supplied by the operator with the rubbish storage facilities and the garbage disposal or storage facilities specified by § 59-4D.
(9)
It shall be located within a room accessible to the occupant of each
rooming unit sharing the use of such kitchen without going outside
of the dwelling and without going through a dwelling unit or rooming
unit of another occupant.
M.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
statutes, ordinances and regulations of this state and this city.
N.
The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceilings and for the
maintenance of a sanitary condition in every other part of the rooming
house; and he shall further be responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
O.
Provisions of this chapter which apply to rooming houses shall also
apply to hotels and motels.
P.
The operator of every rooming house shall be responsible for maintaining
a register of occupants which shall be available for inspection upon
the request of the Director of Public Health or the Chief of Police
or their duly authorized representatives. Failure to maintain or produce
such register to such authorities will result in immediate suspension
or revocation of the operator's rooming house permit.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwelling or dwelling units shall be carried out in compliance
with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Director of Public
Health:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public as prescribed by the provisions of this chapter.
(3)
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Director of Public Health shall
be vacated within the time ordered by the Department of Public Health,
not to exceed 30 days.
C.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Director of Public Health. The Director of Public Health shall
remove such placard whenever the defects upon which the condemnation
and placarding action were based have been eliminated.
A.
Any person who shall violate any provision of this chapter shall,
upon conviction, be punished by a fine of not more than $99 or by
imprisonment of not more than 30 days, or by both, and each day's
failure to comply with any such provision shall constitute a separate
violation.
[Amended 2-11-1986]
B.
The Clerk of the city, district or circuit court shall notify the
Director of Public Health of any final conviction of any rooming house
operator, and the Director of Public Health shall forthwith revoke
the permit of such rooming house operator, and no new permit shall
be issued within one year from the date of such conviction.
[Amended 4-24-1984]
A.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, health ordinance or code of this city,
existing on the effective date of this chapter, the provision which
established the higher standard for the promotion and protection of
the health, environment and safety of the people shall prevail.
B.
In any case where a provision of this chapter is found to be in conflict
with a provision of the State Building Code, State Fire Safety Code
or the General Statutes of Connecticut, the provisions of the State
Building or Fire Safety Code shall prevail. Where such codes are in
conflict with the Connecticut General Statutes, then the statutes
shall take precedence over all codes.
A.
The Planning Commission shall study from time to time the quality
of the housing within the city and shall certify to the Director of
Public Health those areas of the city in which substandard housing
exists or in which there is an imminent danger of existing housing
becoming substandard.
B.
In the program of enforcement of this chapter, the Director of Public Health shall give priority to those areas which have been certified to him by the Planning Commission as directed in § 59-13A, and provided that the Director of Public Health shall not be limited to such areas in the program of enforcement.
C.
Within 30 days after the effective date of this chapter, the Planning
Commission shall certify to the Director of Public Health the first
of such priority areas. The Planning Commission shall certify additional
priority areas from time to time upon written request from the Director
of Public Health and within 30 days of the receipt of such request.
The Planning Commission shall have the power to change, alter or modify
the designation of such priority areas.
No dwelling unit or rooming unit shall be created within an
existing structure or converted, remodeled or altered so as to create
an additional dwelling unit or rooming unit, unless the Director of
Public Health has issued a written permit certifying that the plans
and specifications for such work indicate that the provisions of this
chapter will be complied with. Such permit shall be issued without
a fee and shall be a prerequisite to the issuance of any permits for
such work by the Building Department.
This chapter shall take effect in accordance with the Code of the City of Norwalk, § 1-193.
