[R.O. 2011 §507.010; Ord. No. 97-68 §1, 8-13-1997]
The purpose of this Chapter is to protect the public health, safety and general welfare of the people in the City in non-owner occupied dwellings, including:
To protect the character and stability of residential areas.
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings.
To provide minimum standards for cooking, heating and sanitary equipment necessary to health and safety.
To provide minimum standards for light and ventilation necessary to health and safety.
To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit.
To provide minimum standards for the maintenance of existing residential buildings and to thus prevent slums and blight.
To preserve the value of land and buildings throughout the City.
With respect to rental disputes, as otherwise specifically provided by this Chapter, it is not the intention of the City Council to intrude upon contractual relationships between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this Chapter. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City Government.
[R.O. 2011 §507.020; Ord. No. 97-68 §2, 8-13-1997]
It shall be unlawful for any person, firm or corporation to conduct or operate or cause to be rented either as owner, lessee, agent or manager of five (5) or more units within the City, any rental units used for human habitation without having first obtained a business license to do so as provided in this Chapter. A "unit" is a family occupancy, or a sleeping room of a facility, a boarding house, or a dwelling. This Chapter shall not apply to hospitals, nursing homes or other rental units used for human habitation which offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants, or where owned and inspected by the City Housing Authority.
[R.O. 2011 §507.030; Ord. No. 97-68 §3, 8-13-1997; Ord. No. 2014-16 §1, 4-28-2014; Ord. No. 2014-23 §1, 7-14-2014; Ord. No. 2014-32 §1, 8-11-2014; Ord. No. 2014-48 §1, 11-10-2014]
The following requirements shall apply to permits:
No person shall rent any building or mobile home to any person for dwelling purposes without obtaining an occupancy permit and paying the fee required by this Section. An occupancy permit must be renewed on a change of occupancy. For purposes of this Chapter the term "rent" includes any sale, contract for deed, rent to own agreement or any other arrangement in which the owner of the dwelling allows a non-owner to occupy the dwelling in exchange for fees or services.
Applications shall be made to the City Clerk. Each applicant shall provide the name and address of this applicant. If the applicant is a corporation, the application shall name the principal officers. The applicant shall provide the address and apartment number, if any.
The fee for such permit is shown in Section 507.080. The Inspector shall inspect each unit before a permit is issued.
If the required permit fee has been paid, and the dwelling unit to be covered by the occupancy permit has been inspected and it does not appear that any violation of this Chapter or of any other applicable State law or City ordinance exists, the Inspector shall issue the occupancy permit.
Effective October 1, 2014, the Code Enforcement Officer shall keep a registry of all rental properties in the City of Trenton, and in addition to the above requirements, each property owner who owns rental property as described in this Chapter shall provide to the Code Enforcement Officer his or her name, address, and address of each rental property.
Any person violating any provision of this Section shall be, upon conviction or plea of guilty, subject to a minimum fine of one hundred dollars ($100.00).
[R.O. 2011 §507.040; Ord. No. 97-68 §4, 8-13-1997]
With the first (1st) vacancy after August 13, 1997, the owner of each rental shall make written application to the City Clerk for an occupancy permit for such use on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this Chapter, and the Housing Code in its entirety. In addition, the legal owner of record of each rental unit, as herein before stated, constructed after August 13, 1997, shall make written application to the City Clerk for an occupancy permit as herein provided and receive a satisfactory rating for the property prior to any initial occupancy.
[R.O. 2011 §507.050; Ord. No. 97-68 §5, 8-13-1997]
Upon completion of the inspection of the building or buildings, if the Inspector finds the requirements of the City Codes and Zoning Ordinance have been met, an occupancy permit certifying such facts shall be issued. If the Inspector finds that the requirements of the City Code and/or Zoning Ordinance have not been met, a written denial specifying the defects shall be transmitted to the applicant. The occupancy permit so issued shall state that the condition of the premises and its proposed occupation complies with all of the provisions of this Code as far as can be determined by a visual inspection of the premises and a review of the records.
When an occupancy permit has been denied, expired, suspended or revoked, no further rental and occupancy of dwelling units then vacant or which may become vacant shall be permitted until a permit has been issued. The units within a structure which are in compliance with the Housing Code requirements may continue to be occupied if units in other portions of the structure which do not comply, do not create hazard to the health and safety of the persons in the occupied units.
[R.O. 2011 §507.060; Ord. No. 97-68 §6, 8-13-1997]
After the initial inspection an occupancy permit shall be renewed when there is a change in occupancy or upon a change of ownership.
[R.O. 2011 §507.070; Ord. No. 97-68 §7, 8-13-1997]
An occupancy permit may be suspended upon a finding by the Inspector that one (1) or more of the requirements of the Housing Code have been violated. The Inspector shall give written notice to the permit holder of the violations of this Chapter. Upon failure of the permit holder to correct the violations as stated in the notice of violation, the occupancy permit may be revoked. The suspended occupancy permit may be reinstated upon meeting the requirements of the Code.
[R.O. 2011 §507.080; Ord. No. 97-68 §8, 8-13-1997; Ord. No. 08-14 §1, 3-24-2008; Ord. No. 2014-27 §1, 7-14-2014]
Occupancy Permit; Business License.
At the time of application for the occupancy permit or for occupancy permit renewal required by this Section, the City Clerk shall collect the appropriate permit fee and inspection fee.
The occupancy permit fee in the amount of thirty-five dollars ($35.00) shall be tendered with the application for issuance of an occupancy permit and thereafter on a change of occupancy, or a change of ownership, except for a bed-and-breakfast which shall be on an annual basis of one hundred dollars ($100.00) per year. If an occupancy permit is denied or suspended, the permit and inspection fee is non-refundable and a reinspection fee of ten dollars ($10.00) will be required upon re-inspection. The City Administrator shall review the fee schedule annually and recommend changes as deemed appropriate to the City Council. A re-inspection fee of ten dollars ($10.00) will be charged for each additional re-inspection or change of occupancy inspection of rental unit during the calendar year of January 1 to December 31.
Any person who fails to obtain an occupancy permit as provided for by Chapter 507 of the City Code shall, in addition to the permit and inspection fee set forth herein, pay an additional delinquency fee of one hundred dollars ($100.00) for each and every unit for which an occupancy permit is required, and no occupancy permit shall issue for any such unit until the permit and inspection fee, the reinspection fee if applicable and the delinquency fees are paid.
[R.O. 2011 §507.110; Ord. No. 97-68 §11, 8-13-1997]
Every building and its premises used in whole or in part as a rented home or rented residence, or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a rented home or rented residence of two (2) or more persons or families living in separate units shall conform to the requirements of this Chapter, irrespective of when such building may have been constructed, altered, or repaired. This establishes minimum standards for erected dwelling units, accessory structures and related premises.
[R.O. 2011 §507.120; Ord. No. 97-68 §12, 8-13-1997]
As used in this Chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- Complying with all applicable City ordinances and City Code.
- A roofed and walled structure built for use as a dwelling.
- The City of Trenton, Missouri.
- A building containing two (2) dwelling units.
- A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including single-family dwellings, two-family dwellings, and multiple dwellings, but not including hotels or motels.
- DWELLING UNIT
- A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one (1) family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.
- EXISTING STRUCTURE
- Existing prior to August 13, 1997.
- FAMILY (ANY OF THE FOLLOWING DEFINITIONS SHALL APPLY)
- A person or persons related by blood, marriage or adoption, together with his, her or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit; or groups of foster care authorized by law, of not more than five (5) wards or clients with their guardian or guardians, together with his, her or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit; or a group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit.
- FLUSH WATER CLOSET
- A toilet bowl flushed with water with a water sealed trap.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- HABITABLE BUILDING
- Any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons.
- HABITABLE ROOM
- 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, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.
- HEATED WATER
- Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120°F) measured at faucet outlet.
- The Inspector(s) of the City includes Code Enforcement, Fire, Police or any other person as authorized by the City Council.
- A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils.
- MEANING OF CERTAIN WORDS
- Whenever the words "dwelling", "dwelling unit", "premises", or "structure" are used in this Section, they shall be construed as though they were followed by the words "or any part thereof".
- MULTIPLE-FAMILY DWELLING
- A dwelling or portion thereof containing three (3) or more dwelling units.
- Any person including owner or operator living, sleeping, cooking and eating in a dwelling unit.
- The owner or his or her agent who has charge, care, control or management of a building, or part thereof, in which dwelling unit or rooming units are let.
- Any person, partnership, firm or corporation who alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this Section to the same extent as the owner.
- PERMISSIBLE OCCUPANCY
- The maximum number of persons permitted by State law or City ordinance to reside in a dwelling unit or rooming unit.
- An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind.
- All of the following supplied facilities and equipment in a dwelling: Gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothing-washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
- A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building, accessory structure or other structure thereon.
- PUBLIC HALL
- A hall, corridor or passageway for providing egress from the dwelling unit to a public way and not within the exclusive control of one (1) family.
- All putrescible and non-putrescible waste solids including garbage and rubbish.
- RENTAL OR RENTED DWELLING OR DWELLING UNIT
- A dwelling or dwelling unit let or intended to be let for rent or lease.
- To a sound and acceptable state of operation, serviceability or appearance.
- RODENT HARBORAGE
- Any place where rodents can live, nest, or seek shelter.
- ROOMING UNIT
- 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 and eating purposes.
- Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
- The condition of being reasonably free from danger and hazards which may cause accidents or disease.
- SUBSTANDARD DWELLING
- Any dwelling which does not conform to the minimum standards established by the City Code.
- Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling.
[R.O. 2011 §507.130; Ord. No. 97-68 §13, 8-13-1997; Ord. No. 2015-45 §1, 6-22-2015; Ord. No. 2017-41 § 1, 6-12-2017]
No owner or other person shall allow a change in occupancy of any rental dwelling, rental dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for human occupancy, and compliant with all applicable legal requirements of the State and the City, including the following requirements:
Nuisance. No such dwelling shall be in any of the following conditions:
The physical condition or occupancy of any premises regarded as a public nuisance at common law;
Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
Any premises that has unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation;
Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property;
Any premises from which the plumbing, heating or facilities required by this Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
Foundation Walls. All foundation walls shall be maintained in good repair and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of large rodents.
Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
Light - Habitable Space. Every habitable space should have at least one (1) window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space should be eight percent (8%) of the floor area of such room unless other means of ventilation and egress are sufficient and except in kitchens where artificial light is provided in accordance with the provision of the Building Code listed in Chapter 500. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
Habitable Space. Every habitable space should have at least one (1) openable window or two (2) doors. The total openable area of the window in every room should be equal to at least forty-five percent (45%) of the minimum glazed area required.
Bathroom And Toilet Rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following:
Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which such air is drawn.
Air exhausted by mechanical ventilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than eighty-five percent (85%) of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment.
Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
Access For Sleeping Rooms. Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces, except where the dwelling unit contains fewer than two (2) bedrooms and those originally designed in that manner.
Area For Sleeping Purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.
Prohibited Occupancy. Kitchens, non-habitable spaces and interior areas shall not be occupied for sleeping purposes.
Dwelling Units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.
Rooming Houses. At least one (1) water closet, lavatory and bathtub or shower shall be supplied for each four (4) rooming units.
Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, to the exterior.
Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway.
Plumbing Fixtures - General. All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
Mechanical And Electrical Requirements.
Responsibility. The owner of a structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. An owner shall not permit another person to occupy any premises which does not comply with the requirements of this Section.
Residential Buildings. Every rental dwelling shall be provided with heating facilities capable of maintaining a room temperature of sixty-five degrees Fahrenheit (65° F.) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the Mechanical Code.
Heat Supply. Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units, rooming units, dormitories or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September to April to maintain the room temperature specified in a building during the hours between 6:30 A.M. and 10:30 P.M. of each day and not less than sixty degrees Fahrenheit (60° F.) during other hours.
Mechanical Equipment. All mechanical equipment, fireplaces and solid-fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function unless the equipment has been properly closed off.
Cooking And Heating Equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.
Flue. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent, except for fuel-burning equipment and appliances which are labeled for unvented operation.
Clearances. All required clearances to combustible materials shall be maintained.
Electrical. Every occupied building shall be provided with an electrical system in compliance with Code.
Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NFPA 70. Every dwelling shall be served by a main service that is not less than sixty (60) amperes. New construction or remodeled areas should have three-wire grounded electrical service.
Electrical System Hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupant or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or of similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
Receptacles. Every habitable space in a dwelling shall contain at least two (2) separate and remote receptacle outlets. There shall be at least one (1) ground-fault circuit interrupter protected receptacle in every laundry area and bathroom.
Sink Receptacles. All single pole receptacles that serve a countertop that contains a kitchen sink and those receptacles that are located within six (6) feet of the outside edge of a kitchen, laundry, utility or wet bar sink shall have ground-fault circuit interrupter protection.
Bathroom Receptacles. All single-pole receptacles installed in bathrooms, including, but not limited to, outlets located on lights or medicine cabinets over vanities shall have ground-fault circuit interrupter protection.
Lighting. Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one (1) electric lighting fixture.
Means Of Egress.
Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this Chapter.
General. A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way.
Exit Capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the currently adopted Building Code.
Number Of Exits. In non-residential buildings, every occupied story more than six (6) stories above grade shall be provided with not less than two (2) independent exits. In residential buildings, every story exceeding two (2) stories above grade shall be provided with not less than two (2) independent exits. In stories where more than one (1) exit is required, all occupants shall have access to at least two (2) exits. Every occupied story which is both totally below grade and greater than two thousand (2,000) square feet shall be provided with not less than two (2) independent exits. A single exit is acceptable under any one of the following conditions:
Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located on all corridors, lobbies and common areas.
Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smokeproof enclosure or pressurized stairway.
Where an existing fire escape conforming to the currently adopted Building Code is provided in addition to the single exit.
Where permitted by the currently adopted Building Code.
Arrangements. Exits from dwelling units, rooming units, guest rooms and dormitory units shall not lead through other such units or through toilet rooms or bathrooms.
Exit Signs. In multifamily dwellings all means of egress shall be indicated with approved "Exit" signs where required by the currently adopted Building Code. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied.
Emergency Escape. Every sleeping room located in a basement in an occupancy in Use Group "I-1" or "R" as defined in the currently adopted Building Code shall have at least one (1) openable window or exterior door approved for emergency egress or rescue; but shall have access to not less than two (2) approved independent exits, except where the building is equipped throughout with an automatic fire suppression system.
Fire Protection Systems.
General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be properly maintained.
Fire Suppression System. Fire suppression systems shall be in proper operating conditions at all times.
Valves. Control valves shall be in the fully open position.
Sprinklers. Sprinklers shall be clean and free from corrosion, paint and damage. Stock shall be at least eighteen (18) inches below sprinkler deflectors.
Piping. Piping shall be properly supported and shall not support any other load.
Fire Extinguishers. All properties governed by this Section must contain at least one (1) five-pound fire extinguisher which is visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type.
A minimum of one (1) approved single-station or multiple-station smoke detector shall be installed in each guest room, suite or sleeping area in occupancies in Use Groups "R-1" and "I-1" as defined in the currently adopted Building Code, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups "R-2" and "R-3," as defined in the currently adopted Building Code. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one (1) full story below the upper level.
Installation. All detectors shall be installed in accordance with the currently adopted Building Code. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit.
Power Source. The power source for smoke detectors shall be either an AC primary power source or a lithium battery with a functional life expectancy of ten (10) years or more with the battery sealed within the unit that cannot be removed from the unit without serious damage to the unit. Where a smoke detector is an AC primary power source battery, it must have a battery back-up in the event that power is interrupted. Mass market battery powered units, including those powered by alkaline batteries, capable of being used in other consumer applications or those powered by lithium batteries not sealed within the unit do not comply with the requirements of this provision for required alarms.
Carbon Monoxide Detection. Every dwelling governed by this Section that contains fossil-fuel-burning equipment shall be equipped with a functional carbon monoxide alarm.
[R.O. 2011 §507.140; Ord. No. 97-68 §14, 8-13-1997; Ord. No. 2014-15 §1, 4-28-2014]
The Inspector, as defined, shall enforce the provisions of this Chapter and is hereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation of this Chapter has been or is being committed.
Inspection Access. If any owner, occupant or other person in charge of a dwelling or a dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control for any inspection pursuant to this Chapter, the Inspector may seek a search warrant or other appropriate court order authorizing such inspections.
Inspection of all habitable rental property shall also be conducted upon the sale or transfer of such property.
In addition to the other penalties available to the City in the event of non-compliance with this Chapter, the Inspector shall have the power to order utilities of a non-owner-occupied dwelling disconnected and posted for non-reconnection until compliance is made with the provision set forth in this Chapter.
[R.O. 2011 §507.150; Ord. No. 97-68 §15, 8-13-1997]
Whenever the Inspector determines that any dwelling, dwelling unit or rooming unit, or the premises surrounding any of these fails to meet the requirements set forth in this Chapter, he or she shall issue a notice setting forth the alleged failure and advising the owner, occupant, operator, or agent that such failure must be corrected. This notice shall:
Be in writing;
Set forth the alleged violations of this Chapter;
Describe the dwelling, dwelling unit, or rooming unit or other premises where the violations are alleged to exist or to have been committed;
Provide a reasonable time, not to exceed sixty (60) days, for the correction of any alleged violations; and
Be served on the owner, occupant, operator and/or agent of the dwelling, dwelling unit, or rooming unit personally, or by certified mail, addressed to the last known place of residence of the owner, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent none can be found, notice may be posted on or near the building, dwelling unit, rooming unit, or premises described in the notice.
Repairs And Corrective Action. Whenever an owner, operator, agent of a dwelling, dwelling unit or rooming unit neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the City may undertake such repairs or action, when in its judgment the failure to do so will substantially endanger the public health, safety, or welfare. The cost of such repairs and actions shall be charged to the person or persons required to make such repairs.
[R.O. 2011 §507.160; Ord. No. 97-68 §16, 8-13-1997; Ord. No. 2014-28 §1, 7-14-2014]
All complaints of violation shall be made to the office of City Clerk in writing on forms provided by that office. A fee of fifteen dollars ($15.00) is required at the time of the complaint by the person filing the complaint. After the City Clerk has received the complaint and fee, he or she shall then notify the Building Inspector that the complaint has been filed. It is the owner's responsibility to contact the Building Inspector and provide information as to the resolution of the problem within five (5) working days of the complaint being filed. If no resolution has been reached, the Building Inspector will be required to make an inspection of the property and make the appropriate citation to the owner or owner agent. If the situation is resolved without an Inspector having to review the property, the fee of fifteen dollars ($15.00) will be refunded. If the situation is not resolved and warrants remediation from the Building Inspector, the fee of fifteen dollars ($15.00) will be refunded to the complainant and the owner shall be responsible to the City for the complaint fee in the amount of fifteen dollars ($15.00).
[R.O. 2011 §507.170; Ord. No. 97-68 §17, 8-13-1997]
Any person aggrieved by any decision of any Inspector from the City may appeal the decision to the Dangerous Building Board. No formalities shall be required, but a written note or letter shall be provided by the person making the appeal, informing the Dangerous Building Board of the action taken by the City employee and the change requested.
[R.O. 2011 §507.180; Ord. No. 97-68 §18, 8-13-1997]
Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.