[CC 1976 §13½-11; Ord. No. 1388 §1, 1-13-1975; Ord. No. 2002-64 §§1 — 2, 10-29-2002]
The following definitions shall apply in the interpretation
and enforcement of this Article:
A portion of a building located underground in part but having
less than half (½) its clear floor-to-ceiling height below
the average grade of the adjoining ground.
A portion of a building located underground in part or in
whole and having one-half (½) or more than one-half (½)
of its clear floor-to-ceiling height below the average grade of the
adjoining ground.
The occupancy of a building, space, area and/or structure
for a use other than a one- or two-family dwelling for the performance
of a specified and permitted non-residential use.
The Building Commissioners of the City of Overland.
Any building or structure as allowed by City of Overland
Zoning Codes which contains one (1) or two (2) residential units providing
complete independent living facilities for one (1) or more persons
including living, sleeping, eating, cooking and sanitation.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
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, trapping; or by any other recognized legal pest
elimination methods approved by the Commissioner.
The animal and vegetable waste and residue resulting from
the handling, preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
by human beings for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
The presence, within or around a dwelling of any insects,
rodents or other pests.
Any building, structure or dwelling containing more than
two (2) dwelling units.
Any person, over one (1) 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 building,
or part thereof, in which dwelling units or rooming units are let.
The temperature fifteen degrees Fahrenheit (15°F) above
the lowest recorded temperature for the previous ten (10) year period.
Any person who, alone or jointly or in common with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
agent, or representative of the owner shall be bound to comply with
the provisions of this Article, and of rules and regulations adopted
pursuant thereto, to the same extent as if he/she were the owner.
Any individual, firm, corporation, association or partnership.
All of the following supplies, facilities and equipment:
Gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
The occupancy of a building, space, area and/or structure
for use as a one- or two-family dwelling for the purpose of non-commercial
use.
Any dwelling, or that part of any dwelling containing one
(1) or more rooming units, in which space is let by the owner or operator
to three (3) 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 and sleeping, but not for cooking
or eating purposes.
Combustible and non-combustible waste materials, except garbage;
and 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 and crockery.
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 utilities system on the
same premises for more than thirty (30) consecutive days.
MEANING OF CERTAIN WORDS. Whenever the words "dwelling", "dwelling unit", "rooming
house", "rooming unit", "premises", are used in this Article, they shall be construed as though they
were followed by the words "or any part thereof".
[CC 1976 §13½-12; Ord. No. 1388 §2, 1-13-1975; Ord. No. 92-52 §2, 10-26-1992; Ord. No. 99-86 §1, 9-28-1999; Ord. No. 2002-63 §1, 10-29-2002; Ord. No. 2005-06 §1, 2-15-2005]
A.
The
Commissioner is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units,
commercial buildings and premises located within the City in order
that he/she may perform his/her duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections the Commissioner is hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units, rooming units, commercial buildings and
premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, commercial building, and premises or the person in charge
thereof, shall give the Commissioner free access to such dwelling,
dwelling unit, rooming unit, commercial building and its premises,
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling, dwelling unit, rooming unit,
commercial building and premises shall give the owner thereof, or
his/her agent or employee, access to any part of such dwelling, dwelling
unit, rooming unit, commercial building, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this Article
or with any lawful rules or regulation adopted or any lawful order
issued pursuant to the provisions of this Article.
B.
Inspection Fees.
1.
Commercial occupancy permit inspection fee shall be sixty dollars
($60.00) for the original inspection and one (1) reinspection; each
additional inspection thereafter shall be forty dollars ($40.00) per
inspection.
2.
Residential occupancy permit inspection fee shall be forty dollars
($40.00) for the original inspection and one (1) reinspection; each
additional inspection thereafter shall be forty dollars ($40.00) per
inspection.
[CC 1976 §13½-13; Ord. No. 1388 §3, 1-13-1975; Ord. No. 2304 §1, 9-29-1986]
A.
Whenever the Commissioner has made a determination upon the basis of evidence presented to him/her or of which he/she has knowledge that there has been a violation of any provisions of this Article or of any rule or regulation adopted pursuant thereto, he/she shall serve notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided; provided however, that such notice and hearing requirements provided by this Section shall not apply to violations of Section 515.070 which requires all changes in occupancy to be approved by a certificate of occupancy. Said notice shall:
1.
Be in writing.
2.
Include a statement of the charge made and the alleged violation
together with a statement of the corrective action required to cure
the alleged violation.
3.
Grant a reasonable time for the performance of any act it requires.
4.
Be served upon the owner or his/her agent, or the occupant, as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally; or if a copy thereof
is sent by registered mail to his/her 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/she is served with such notice by
any other method authorized or required under the laws of this State.
5.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this Article and with
rules and regulations adopted pursuant thereto.
B.
Any
person affected by any notice which has been issued in connection
with the enforcement of any provision of this Article, or of any rule
or regulation adopted pursuant thereto, may demand and shall upon
such demand be granted a hearing on the matter before the Commissioner;
provided that such person shall file in the office of the Commissioner
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the day
the notice was served.
Upon receipt of such petition the Commissioner shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show cause why such notice should be modified or
withdrawn. The hearing shall be commenced not later than ten (10)
days after the day on which the petition was filed; provided that
upon application of the petitioner the Commissioner may continue the
date of the hearing for a reasonable time beyond such ten (10) day
period, if in his/her judgment the petitioner has submitted a good
and sufficient reason for such postponement.
C.
Upon such hearing the Commissioner shall sustain, modify or withdraw the notice, depending upon his/her finding as to whether the provisions of this Article and of the rules and regulations adopted pursuant thereto have been complied with. If the Commissioner sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection (A) hereof shall become an order, if a written petition for a hearing is not filed in the office of the Commissioner within ten (10) days after such notice is served. After a hearing in the case of any notice suspending any permit required by this Article or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Commissioner, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be revoked if a petition for hearing is not filed in the office of the Commissioner within ten (10) days after such notice is served.
D.
The
proceedings of such hearing, including the findings and decision of
the Commissioner, shall be summarized, reduced to writing, and entered
as a matter of public record in the office of the Commissioner. 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 Commissioner may seek relief therefrom in any court of competent
jurisdiction, as provided by law.
E.
Whenever
the Commissioner finds that an emergency exists which requires immediate
action to protect the public health, he/she may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he/she deems necessary
to meet the emergency. Notwithstanding the other provisions of this
Article, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but
upon petition to the Commissioner shall be afforded a hearing as soon
as possible. After such hearing, depending upon his/her finding as
to whether the provisions of this Article and of the rules and regulations
adopted pursuant thereto have been complied with, the Commissioner
shall continue such order in effect, or modify it, or revoke it.
[CC 1976 §13½-18; Ord. No. 1388 §8, 1-13-1975]
A.
Every
owner of a dwelling containing two (2) 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/she occupies and controls.
C.
Every
occupant of a dwelling or dwelling unit shall dispose of all his/her
rubbish in a clean and sanitary manner by placing it in rubbish containers.
D.
Every
occupant of a dwelling or dwelling unit shall dispose of all his/her
garbage and any other organic waste which might provide food for rodents,
in a clean and sanitary manner, by placing it in garbage disposal
facilities or garbage storage containers. It shall be the responsibility
of the owner to supply such facilities or containers for all dwelling
units in a dwelling containing more than four (4) dwelling units and
for all dwelling units located on premises where more than four (4)
dwelling units share the same premises. In all other cases it shall
be the responsibility of the occupant to furnish such facilities or
containers.
E.
Every
occupant of a dwelling containing a single dwelling unit shall provide
for the extermination of and exterminate 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 (1) dwelling unit shall
provide for and perform such extermination whenever his/her 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 provided for and performed by the
owner. Whenever infestation exists in two (2) or more of the dwelling
units in any dwelling, or in the shared or public parts of any dwelling
containing two (2) or more dwelling units, extermination thereof shall
be provided for and performed by the owner.
F.
Every
occupant of a dwelling unit shall keep all plumbing fixtures therein
in a working, clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
[CC 1976 §13½-19; Ord. No. 1388 §9, 1-13-1975; Ord. No. 1628 §1, 9-11-1978; Ord. No. 96-91 §1, 11-12-1996]
A.
HOTEL, MOTEL
ROOMING HOUSE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Any building occupied as the abiding place of person, who
are lodged with or without meals, in which, as a rule, the rooms are
occupied singly for hire, and in which there are more than ten (10)
sleeping rooms.
A dwelling other than a hotel or motel where lodging for
compensation is provided for one (1) or more persons.
B.
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming unit in any rooming house, except in compliance with the provisions of every Section of this Article except the provisions of Section 515.040.
1.
Permit. No person shall operate a rooming house
unless he/she holds a valid rooming house permit issued by the City
Clerk in the name of the operator and for the specific dwelling or
dwelling unit to be so operated. The operator shall apply to the City
Clerk for such permit, which shall be issued by the City Clerk upon
compliance by the operator with the applicable provisions of this
Article and of any rules and regulations adopted pursuant thereto.
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 a permit shall give notice in writing to the City Clerk
within twenty-four (24) hours after having sold, transferred, given
away or otherwise disposed of ownership of, interest in, control of
or right of possession to any rooming house. Such notice shall include
the name and address of the person succeeding to the ownership or
control of such rooming house. Every rooming house permit shall expire
at the end of one (1) year following its date of issuance, unless
sooner suspended or revoked as hereinafter provided.
2.
Hearing on permit denial. Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the City Clerk, under the procedure provided by Section 515.030.
3.
Inspections. All such rooming houses shall be subject
to inspection at all times by the Public Works Director or his/her
designee and/or the Chief of Police, who are charged with the duty
of visiting each of such rooming houses regularly, and the registration
records shall be subject to inspection as a public record. The operator
of any rooming house shall advise the Public Works Director of any
vacancy occurring in any room which has been occupied greater than
thirty (30) days and the Public Works Director shall inspect such
room prior to its being rented anew. Failure of the operator to provide
such notice shall constitute a violation of the laws of the City of
Overland.
4.
Notice of violation — suspension of permit. Whenever upon inspection of any rooming house, it is found that
conditions or practices exist which are in violation of any provision
of this Article or of any rule or regulation adopted pursuant thereto,
the Public Works Director or his/her designee 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 said inspector, the operator's rooming house permit will be
suspended. At the end of such period the said inspector shall reinspect
such rooming house, and if he/she finds that such conditions or practices
have not been corrected, he/she 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.
5.
Hearing on suspension. Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Public Works Director or his/her designee that his/her permit is to be suspended unless existing conditions or practices at his/her rooming house are corrected, may request and shall be granted a hearing on the matter before the Board of Adjustment, under the procedure provided by Section 515.030; provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been revoked.
6.
Minimum basic facilities.
a.
At least one (1) flush water closet, lavatory basin, and bathtub
or shower, properly connected to a water and sewer system approved
by the Commissioner and in good working condition, shall be supplied
for each eight (8) persons or fraction thereof residing within a rooming
house, including members of the operator's family wherever they share
the use of the said facilities; provided that in a rooming house where
rooms are let only to males, flush urinals may be substituted for
not more than one-half (½) 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. No such facilities
shall be located in a basement except by written approval of the Commissioner.
b.
In addition to the above, each rooming house shall comply with the
requirements of the "Existing Structures Code", of the most recent
BOCA Code as adopted by the Public Works Department of the City of
Overland.
7.
Bed linen and towels. The operator of every rooming
house shall change supplied bed linen and towels therein at least
once each week, and prior to the letting of any room to any occupant.
The operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
8.
Minimum space. Every room occupied for sleeping
purposes by one (1) person shall contain at least seventy (70) square
feet of floor space, and every room occupied for sleeping purposes
by more than one (1) person shall contain at least fifty (50) square
feet of floor space for each occupant thereof.
9.
Means of egress. Every rooming unit shall have safe,
unobstructed means of egress leading to safe and open space at ground
level, as required by law.
10.
Minimum space. The operator of every rooming house
shall be responsible for the sanitary maintenance of all walls, floors
and ceilings, and for maintenance of a sanitary condition in every
other part of the rooming house; and he/she shall be further responsible
for the sanitary maintenance of the entire premises where the entire
structure or building is leased or occupied by the operator.
11.
Registration.
a.
The owner, proprietor, manager, or other person in charge of any
hotel, motel, lodging house, rooming house or other place where transients
are accommodated shall, at all times, keep a register in which shall
be ascribed the names of all of the guests or persons renting or occupying
rooms in such house, which register shall be signed by the person
renting a room or by someone under his/her direction. The register
shall include the full name of the person, their home or business
address, driver's license number, a complete description of their
vehicle including the license plate number of the vehicle and the
State issuing the license plate. Such registration shall be made,
and after the names and information is ascribed in the register, the
manager or other person in charge, or his/her agent, shall write the
number of the room such guests or person is to occupy, together with
the time when such room is rented so as to identify the room occupied
by the person registering. All of the foregoing shall be done before
any guest is permitted to occupy a room. Such register shall at all
times be open to inspection by any Police Officer of the City, County,
State or Federal Government.
b.
Failure to keep such register shall be a misdemeanor under the provisions
of this Code. Failure to keep such register also subjects the operator
to suspension or revocation of the rooming house permit.
12.
Prohibited acts. No person operating such an establishment
shall knowingly permit any indecent or other illegal act or conduct
to exist in, on or around the premises or any unit thereof, and shall
promptly notify the Police Department if he/she has any reason to
believe that any indecent or other illegal act is being committed.
13.
Hotels. Every provision of this Article which applied
to rooming houses shall also apply to hotels, except to the extent
that any such provision may be found in conflict with law or regulation
issued according to law.
[CC 1976 §13½-20; Ord. No. 1388 §10, 1-13-1975]
A.
The
designation of dwellings or dwelling units as unfit for human habitation
and the procedure for the condemnation and placarding of such unfit
dwellings or dwelling units shall be carried out in compliance with
the following requirements:
1.
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 Commissioner:
a.
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.
b.
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
c.
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.
2.
Any dwelling or dwelling unit condemned as unfit for human habitation,
and so designated and placarded by the Commissioner, shall be vacated
within a reasonable time as ordered by the Commissioner.
3.
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 Commissioner. The Commissioner shall remove such placard whenever
the defect or defects upon which the condemnation and placarding action
were based have been eliminated.
4.
No person shall deface or remove the placard from any dwelling or
dwelling unit which has been condemned as unfit for human habitation
and placarded as such, except as provided in paragraph (3) above.
[CC 1976 §13½-21; Ord. No. 1388 §11, 1-13-1975; Ord. No. 92-52 §2, 10-26-1992; Ord. No. 99-87 §1, 9-28-1999; Ord. No. 2002-61 §1, 10-29-2002; Ord. No. 2005-67 §1, 12-13-2005]
A.
It
shall be unlawful for any person, firm or corporation to hereafter
occupy or for any owner or agent thereof to permit the occupation
of any building or addition thereto or part thereof or any dwelling
unit therein for any purpose until a certificate of occupancy has
been issued by the Commissioner. Applications for an occupancy permit
must be accompanied with a current photo I.D. for anyone sixteen (16)
years of age or older who shall occupy said premises. The I.D. shall
be in the form of a:
B.
The
certificate of occupancy so issued shall state that said occupancy
complies with all of the provisions of this Article and all other
laws and regulations applicable to the structure and lot. The fee
for said residential occupancy permit shall be twenty-five dollars
($25.00) and the fee for said commercial occupancy permit shall be
fifty dollars ($50.00). It shall be unlawful for any person knowingly
to make any false statement in his/her application for an occupancy
permit as to the names, ages, relationship or number of occupants
who will occupy the premises.
[CC 1976 §13½-21.1; Ord. No.
1802 §1, 5-27-1981]
In the event that there is a transfer of ownership, or a vacation of occupancy, or change in occupancy of a dwelling or dwelling unit, the existing occupancy permit or permits for said dwelling or dwelling unit shall be null and void and of no effect, and it shall thereafter be unlawful for any person, firm or corporation to occupy, or for any owner or agent of the owner to permit the occupation of such dwelling or dwelling unit until the dwelling or dwelling unit has been reinspected and a Certificate of Occupancy therefor has been issued by the Commissioner in accordance with the provisions of Section 515.070 hereof. In the event that the Commissioner becomes aware of any dwelling or dwelling unit within the City of Overland for which there is no valid existing occupancy permit, he/she shall cause such dwelling or dwelling unit to be placarded with a red tag in a manner and location that is readily visible to the public, which will give notice to the public that an occupancy permit is required for such dwelling or dwelling unit.
[CC 1976 §13½-21.2; Ord. No.
93-13 §1, 4-26-1993]
For any month when there is a change of user of residential
(rate 001) or non-residential (rate 043) electric service within the
City, Ameren UE shall notify the Building Commissioner (or other appropriate
official) of the City in writing within seven (7) working days after
the end of the month of said changes, indicating the address and apartment
or unit number, and the name(s) of electric user(s) per service and
address and apartment or unit number in whose name service is connected
or billed.
[CC 1976 §13½-22; Ord. No. 1388 §12, 1-13-1975]
It shall be unlawful for the owner of any dwelling or dwelling
unit, upon whom a notice of violation or compliance order has been
served, to sell, transfer, mortgage, lease or otherwise dispose of
said dwelling or dwelling unit to another until the provisions of
the notice of violation or compliance order have been complied with,
or until such owner shall first furnish to the transferee, mortgagee,
grantee or lessee, a true copy of any such notice of violation or
compliance order issued by the Building Commissioner. A transferee,
mortgagee, grantee or lessee who has received actual or constructive
notice of the existence of a notice of violation or compliance order
shall be bound by such notice as of the date of the transfer without
further service or notice upon such person.
[CC 1976 §13½-23; Ord. No. 1388 §13, 1-13-1975; Ord. No. 98-82 §1, 9-29-1998]
Any person who shall violate any provision of this Article,
or any provisions of any rule or regulation adopted by the Commissioner
pursuant to authority granted by this Article, shall upon conviction
be punished by a fine of not more than one thousand dollars ($1,000.00),
or by imprisonment for a period not exceeding three (3) months; and
each day's failure to comply with any such provision shall constitute
a separate violation.
[CC 1976 §13½-24; Ord. No. 1388 §14, 1-13-1975]
A.
In
any case where a provision of this Article is found to be in conflict
with a provision of any zoning, building, fire, safety, or health
Chapter or Code of the City of Overland existing on the effective
date of this Article, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this Article is found
to be in conflict with a provision of any other Chapter or Code of
the City of Overland existing on the effective date of this Article
which establishes a lower standard for the promotion and protection
of the health and safety of the people, the provisions of this Article
shall be deemed to prevail, and such other Chapters or Codes are hereby
declared to be repealed to the extent that they may be found in conflict
with this Article.
B.
If
any Section, Subsection, paragraph, sentence, clause or phrase of
this Article should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Article,
which shall remain in full force and effect; and to this end the provisions
of this Article are hereby declared to be severable.
[CC 1976 §13½-31; Ord. No. 2441 §4, 9-26-1988]
For purposes of this Article, the following definitions shall
apply:
A room or a suite of rooms within a building arranged, intended
or designed for a place of residence of a single family or group of
individuals living together as a single housekeeping unit.
Any building containing residential apartments.
A contiguous parcel of property which contains one (1) or
more residential apartment buildings. For purposes of this Article
a parcel of property shall not be limited to a single building lot,
but shall include any contiguous property owned by common or related
owners and operated by common or related management.
[CC 1976 §13½-32; Ord. No. 2441 §3, 9-26-1988]
A.
Any
owner who fails to provide the services required in this Article shall
be guilty of a misdemeanor and may be fined or imprisoned in accordance
with penalties provided by City ordinance and State law. Each day
such services are not provided shall constitute a separate offense.
B.
In
addition to any other remedies available to the City, the Commissioner
of Public Works of the City may provide such required services to
any residential apartment building or residential apartment complex
and the cost of providing such service shall be taxed as a lien against
the property as provided by City ordinance and State law.
[CC 1976 §13½-33; Ord. No. 2441 §1, 9-26-1988]
A.
Each
owner of any residential apartment building or residential apartment
complex which has more than one hundred twenty (120) residential apartments
for rent, lease or hire shall be responsible to provide, at his/her
own expense, the following services:
1.
Trash collection. Trash collection service shall be provided to each such residential apartment building and residential apartment complex such that trash shall be collected and removed from the premises at least once each day of the week except Sunday and legal holidays and that every trash container or dumpster as defined in Section 235.100 of this Code, which is kept outside of any building, shall be emptied and its contents collected and removed from the premises on each day of the week except for Sundays or legal holidays.
2.
Security. Licensed watchmen shall be provided on
a twenty-four (24) hour basis sufficient to patrol the entire apartment
building or complex at least once every hour. Each watchman shall
be equipped with a civilian band radio or other civilian means of
notifying the City Police Department of any suspicious observations.
[CC 1976 §13½-34; Ord. No. 2441 §2, 9-26-1988]
Each owner of any residential apartment building or residential
apartment complex which has more than twelve (12) residential apartments
for rent, lease or hire shall be responsible to provide, at his/her
own expense, a full-time building or complex manager actually residing
in said building or complex on a full-time basis.
