[CC 2001 §§15.08.010, 15.08.030; Ord. No. 6.21 §3, 7-20-1993; Ord. No. 2002-07 §1(15.08.010), 4-16-2002]
Bathrooms. Every dwelling unit shall contain a bathroom equipped with a flush water closet, tub or shower and lavatory basin. All such fixtures must be in good working order and equipped with hot (one hundred ten degree Fahrenheit (110°F) or greater temperature) and cold running water when used for bathing purposes. Plumbing fixtures shall drain to an approved sewage disposal system.
Electrical And Lighting Requirements. Minimum electrical service is to be sixty (60) ampere, three-wire, two hundred forty (240) volts. Every bathroom shall have at least one (1) GFCI protected outlet and others, if any, shall be of the GFCI type also. All laundry areas shall have a grounded outlet with the ground being functional; if ground is not available, a GFCI outlet shall be required. A GFCI outlet shall be installed in all kitchens where the outlets are installed to serve the countertop surfaces and are located within six (6) feet of the outside edge of the sink, this also pertains to mop sinks, wetbars and any other open water sources and the above GFCIs shall be maintained in good working order. All sump pumps shall have a grounded outlet with the ground being functional; if ground is not present, a GFCI outlet shall be installed and maintained in good working order. All electrical splices shall be put in a box with proper covers and connectors and all electrical wires entering furnaces, water heaters, garbage disposals and other appliances shall be secured with proper connectors. Every switch, outlet and fixture shall be properly installed and maintained in good and safe working condition. Any hazardous condition must be remedied when threatening to human life or safety.
Heating And Ventilation. Every dwelling unit shall be equipped with heating facilities capable of maintaining a temperature of sixty-eight degrees Fahrenheit (68°F) or greater when the outside temperature is zero degrees (0°). Such heating equipment must be connected safely to the heat source and properly vented. Each habitable room shall be provided with at least one (1) window.
Common Areas. Every owner of a multiple-family dwelling shall be responsible for maintaining hallways, shared or public areas in a clean and sanitary condition.
Foundations, Walls And Roofs. Every foundation, wall and roof shall be maintained in a weather-tight, water-tight and rodent-proof condition and kept in good repair.
Plumbing. Every kitchen shall have a sink properly connected to a private sewage disposal system. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than one hundred ten degrees Fahrenheit (110°F). Water heaters shall have an approved combination temperature and pressure relief valve and a relief valve discharge pipe of three-quarters (¾) inch diameter be installed to a height of six (6) inches above the floor. 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 the said plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
Doors And Windows. All windows shall be kept in good repair, weather-tight, free from cracks and holes, with proper glazing materials free of defects to hold the glass in place. Every door, frame and hardware shall be kept in good repair, sound condition and free from holes and defects.
Sidewalks And Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
Stairways, Handrails And Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior and interior flight of stairs having more than four (4) risers and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches above the floor or grade below shall have guards. Handrails shall not be less than thirty (30) inches nor more than forty-two (42) inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty (30) inches high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. All stairs, decks, porches and appurtenances shall be maintained in a safe condition and in good repair.
Structural Members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads.
Interior Surfaces. All interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Access By Owner Or Operator. Every occupant of a structure or premises shall give the owner or operator thereof or agent or employee access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code.
Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.
Protective Coatings. All wood or metal exterior surfaces including, but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted, applied in an appropriate and workmanlike manner.
Yards. Must be graded to prevent accumulations of stagnant water and must be free of accumulated junk, debris and refuse.
Gutters And Downspouts. Gutters and downspouts, where installed, must be kept in good functional repair and be free from rust, decay or peeling paint.
Fire Safety. In the interest of fire safety, one (1) working smoke alarm must be installed for each six hundred (600) square feet of living space. House numbers of at least three (3) inches tall shall be affixed to the exterior of the building facing the street in front and shall be readable by emergency personnel from the street in front of the building.
[CC 2001 §15.08.040; Ord. No. 6.21 §4, 7-20-1993]
Every dwelling unit shall be made up of at least two hundred (200) square feet for the first (1st) occupant and one hundred twenty-five (125) square feet for each additional occupant thereof. Basement space or attic space shall not be counted as living space for the requirements of this Chapter.
Every dwelling unit shall be adequately protected against rodents, termites and other vermin and acceptable pest control methods must be employed when any infestation occurs.
Each dwelling unit shall be occupied by a single-family as defined by the City planning and zoning regulations.
[CC 2001 §15.08.050; Ord. No. 6.21 §5, 7-20-1993; Ord. No. 2002-02 §1, 2-12-2002]
It is unlawful for any person to hereafter occupy, or for any owner or agent thereof to permit the occupation of, any dwelling unit for any purpose until a certificate of occupancy has been issued by the City. The certificate of occupancy so issued shall state that the occupancy complies with all of the provisions of this Chapter. Any owner, occupant or agent that permits the occupation of the above said occupancy permit shall have all City water and sewer services terminated.
[CC 2001 §15.08.060; Ord. No. 6.21 §6, 7-20-1993; Ord. No. 6.21A §1, 8-10-1999; Ord. No. 2002-12 §1, 7-9-2002]
Prior to any person occupying a dwelling unit or any owner or agent thereof permitting the occupation of any dwelling unit, application by the owner or his/her agent shall be made to the City Clerk for the issuance of an occupancy permit. The application shall be on a form provided by the City Clerk and shall include the following minimum information:
The applications shall be signed by the owner or his/her designated agent and submitted to the City Clerk's office accompanied by a fee of twenty-five dollars ($25.00) per dwelling unit. Owners of multiple-family units may choose to have entire buildings inspected annually. When all apartments in one (1) building are inspected in one (1) day, the inspection fee shall be twenty-five dollars ($25.00) for the first (1st) unit, twenty dollars ($20.00) for the second (2nd) unit, fifteen dollars ($15.00) for the third (3rd) unit and ten dollars ($10.00) for each additional unit in the same building. It is unlawful for any person to knowingly make false statement in his/her application for an occupancy permit.
[CC 2001 §15.08.070; Ord. No. 6.21 §7, 7-20-1993]
The initial inspection shall be carried out within fourteen (14) days of the date the application is submitted.
When the inspection authority determines that there are one (1) or more items of non-compliance with the standards set forth above, the owner or agent will be notified of the areas of non-compliance and the remedial action necessary to correct the non-compliance. This notification shall be in writing. All items must be corrected prior to the issuance of an occupancy permit.
Reinspections shall be made at no cost to determine compliance with the items noted for correction in the original inspection report.
Inspections shall no longer be valid after ninety (90) days. If the dwelling does not become occupied within ninety (90) days of being found to be in compliance, another inspection with the required fee to be paid will be necessary.
[CC 2001 §15.08.080; Ord. No. 6.21 §8, 7-20-1993]
Any person affected by any notice or order related to the denial of the issuance of an occupancy permit may request and shall be granted a hearing on the matter before the City Council.
To request a hearing to appeal, the owner, agent or head of household of the occupants must file a written request stating the following:
A formal request for a hearing;
A photocopy of the inspection findings;
A brief statement why the person affected feels the actions by the inspection authority are unjustified, unwarranted or otherwise invalid or unenforceable.
Such appeal proceedings shall stay all proceedings in furtherance of the matter until a final decision by the City Council.
Appeal hearings will be open to the public and shall be held no later than thirty (30) days from the date of request received in writing. Notice of the date and time and location of the hearing will be posted in the usual place for posting of public notices.
The City Council will render their decision after hearing comments from the aggrieved party and the inspection authority. The City Council may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or termination appealed from and make such order, requirement, decision or termination as ought to be made under the provisions of this Chapter.
Variances may be granted by the City Council when strict enforcement of this Chapter would cause an undue hardship or be impossible to comply. However, in no case may the City Council award a variance when immediate human health or safety is involved. Decisions of the City Council shall be made by majority vote and recorded in the minutes and shall be final.
[CC 2001 §15.08.090; Ord. No. 6.21 §9, 7-20-1993]
All vacant dwellings shall be posted with a sticker stating that a permit must be obtained before occupancy. It is unlawful to remove this sticker.
[CC 2001 §15.08.100; Ord. No. 6.21 §10, 7-20-1993]
Any person convicted of a violation of any provision of this Chapter shall be punished by a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each day that such violation continues may be considered as a separate offense.