Cross Reference — As to requirements for bedrooms to have access to water closets without passing through another room, see §515.090(D).
[CC 1974 §525.010; Ord. No. 141B, 1-5-1975]
The general purpose of this Chapter is to protect the public health, safety and the general welfare of the people of the municipality. These general objectives include, among others, the following specific purposes:
To protect the character and stability of residential property within the municipality.
To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings.
To provide facilities for light and ventilation necessary to health and safety.
To prevent additions or alterations to existing dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties.
To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit.
To provide minimum standards for the maintenance of existing residential buildings, and to thus prohibit the spread of slums and blight.
To thus preserve the property value of land and buildings throughout the municipality.
To provide mechanisms for the enforcement and administration of the Code to ensure that the above purposes are accomplished.
[CC 1974 §525.020; Ord. No. 141B, 1-5-1975; Ord. No. 253 §1, 5-13-1976]
For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
- ACCESSORY STRUCTURE
- A structure subordinate to the main or principal structure, the use of which is customary to the main building.
- Portion of a building which is partly underground, but having at least fifty percent (50%) of its ceiling height above the average grade of the adjoining ground.
- A room affording privacy containing bathing and sanitary facilities provided within each living unit consisting of a water closet, a tub or shower, and a lavatory basin.
- Portion of a building which is partly underground, but having less than fifty percent (50%) of its ceiling height above the average grade of the adjoining ground.
- CHANGE OF OCCUPANCY
- Any circumstances wherein the composition of the residents of a dwelling unit changes either through the sale, lease, rental or other provision for the occupancy of any dwelling unit or by the addition of one (1) or more persons to the number of residents of a dwelling unit, except by birth or legal custody of minors.
- CONDITIONAL OCCUPANCY PERMIT
- A document which states the names, ages, relationships, and number of occupants of a dwelling unit which does not comply with all of the provisions of this Chapter. It is issued only under specified circumstances listed in Section 520.270 for a limited, specified length of time.
- The condition of appearance of a building or part thereof, characterized by evidence of physical decay or neglect, excessive use, or lack of maintenance.
- A structure or portion thereof, which is wholly or partly designed for or used for human habitation.
- DWELLING UNIT
- One (1) or more rooms or any part thereof, in a building usable for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
- ENFORCEMENT OFFICIAL
- The official designated herein or otherwise charged with the responsibilities of administering this Chapter or his/her authorized representatives.
- EXTERIOR APPURTENANCES
- Objects which are added to a structure for aesthetic or functional purposes. These include, but are not limited to, screens, awnings, trellises, television antennae, storm windows and storm doors.
- 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 and legal pest elimination methods approved by the Health Commissioner of this municipality.
- An individual or married couple and the children thereof and no more than two (2) other persons related directly to the individual or married couple by blood or marriage and not more than one (1) unrelated person (excluding servants) or a group of not more than four (4) persons not related by blood or marriage living together as a single housekeeping unit in a dwelling unit.
- An independent structure forming a barrier at grade between lots, between a lot and a street or an alley, or between portions of a lot or lots. A barrier includes a wall or latticework screen but excludes a hedge or natural growth, or a barrier less than eighteen (18) inches in height which is used to protect plant growth.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
- GARDEN LEVEL
- Portion of a building which is partly underground, but having at least sixty percent (60%) of its ceiling height above the average grade of the adjoining ground.
- A trough under an eave to carry off water.
- HABITABLE BUILDING
- Any structure or part thereof that shall be used as a home or place of abode by one (1) or more persons.
- HABITABLE ROOM
- Every room in any building in which persons sleep, eat, or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, water closet compartments, pantries, storerooms, foyers, closets, corridors, rooms for mechanical equipment for service in the building, or other similar spaces not used by persons frequently or during extended periods.
- HARBORAGE PLACES (insects, pests or rodents)
- Any place where insects, pests or rodents can live, nest or seek shelter.
- The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.
- A space which contains a sink, and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
- MULTIPLE-FAMILY DWELLING
- A building or portion thereof designed or altered for occupancy by two (2) or more families living independently of each other in separate dwelling units.
- OCCUPANCY PERMIT
- A document which states the names, ages, relationships, and number of occupants of a dwelling unit, and that the occupancy complies with all of the provisions of this Chapter. It is issued under the circumstances listed in Section 520.270.
- Any person living and sleeping in a dwelling unit or having actual possession of said unit or rooming unit; or any person other than "family" as defined in Section 515.010 of this Municipal Code who shall have resided within the said dwelling or rooming unit for a period of more than thirty (30) days.
- OPENABLE AREA
- That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
- Any person who has charge, care or control of a building, or part thereof, which is let or offered for occupancy.
- Any person, 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 municipality as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be bound to comply with the provisions of this Chapter to the same extent as the owner.
- A corporation, firm, partnership, association, organization and any other group acting as a unit as well as any individual. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such Section.
- Facilities and equipment including, but not limited to, the following: Gas pipes, gasburning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures, together with all connections to water, sewer, vent or gas lines.
- A lot, plot or parcel of land or any part thereof including the buildings or structures thereon.
- Any material furnished, supplied, paid for or under the control of the owner.
- PUBLIC HALL
- A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
- ROOMING UNIT
- Any room or group of rooms or any part thereof forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
- To restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
- To remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place when the item is beyond repair.
- Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
- Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free standing wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
- All structures which do not conform to the minimum standards established by this Chapter or any other regulations.
- Paid for, installed, furnished or provided by or under the control of the owner or operator.
- The process of supplying and removing air by natural or mechanical means to or from any space. Ventilation by power driven devices shall be deemed mechanical ventilation. Ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind driven devices shall be deemed natural ventilation.
- An open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line, and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.
[CC 1974 §525.030; Ord. No. 141B, 1-5-1975]
Every building or its premises used in whole or in part as a dwelling or as an accessory structure thereof, shall conform to the requirements of this Chapter.
[CC 1974 §525.040; Ord. No. 141B, 1-5-1975]
This Chapter established minimum standards for dwellings, dwelling units and accessory buildings, and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings except such as are in conflict with the provisions of this Chapter. In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or Code of this municipality existing on the effective date of this Code, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
[CC 1974 §525.050; Ord. No. 141B, 1-5-1975]
It shall be unlawful for any person to occupy as owner-occupant or to let or hold out to another for occupancy, any dwelling unit for the purpose of living, sleeping, cooking, or eating which is not safe, clean, and fit for human occupancy, and which does not comply with the particular requirements of the following Sections 520.060 through 520.150 of this Chapter.
[CC 1974 §525.060; Ord. No. 141B, 1-5-1975]
The foundation, exterior walls and roof shall be substantially watertight, weathertight, and protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be maintained in a sound condition of repair and shall be free of any other condition which admits rain or dampness to the interior portions of the building. All exterior surface material must be treated, painted in a workmanlike manner, or otherwise maintained in a sound condition. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All cornices, rustications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments, gutters and similar projections shall be kept in good repair and free from defects which make them hazardous and dangerous.
[CC 1974 §525.070; Ord. No. 141B, 1-5-1975]
Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting floor boards. Every interior wall and ceiling shall be free of large cracks and holes, and shall be free of loose plaster or other structural or surface materials. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition. Toxic paint and materials shall not be used where readily accessible to children.
[CC 1974 §525.080; Ord. No. 141B, 1-5-1975]
Every window, exterior door, and basement hatchway shall be substantially tight, and shall be kept in sound condition and repair. Every window shall be fully supplied with window panes which are without cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Every exterior door, door hinge, and door latch shall be in good condition. Every exterior door, when closed, shall fit reasonably well within its frame. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, and substantially to exclude wind from entering the dwelling. Every basement hatchway and window shall be so constructed, screened or maintained as to prevent the entrance of rodents, rain and surface drainage water into the building.
[CC 1974 §525.090; Ord. No. 141B, 1-5-1975]
Exterior appurtenances including, but not limited to, screens, awnings, trellises, television antennae, storm windows, and storm doors shall be installed in a safe and secure manner, and shall be maintained in sound condition.
[CC 1974 §525.100; Ord. No. 141B, 1-5-1975]
Every stairway, inside or outside of the dwelling, and every porch, shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled more than one (1) inch out of its intended position or have pulled away from supporting or adjacent structures. No flight of stairs shall have rotting, loose, or deteriorating supports. The trends and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least four hundred (400) pounds. Every porch shall have a sound floor. No porch shall have rotting, loose, or deteriorating supports.
[CC 1974 §525.110; Ord. No. 141B, 1-5-1975]
Every basement, garden level and cellar shall be maintained in a safe and sanitary condition. Water shall not be permitted to accumulate or stand on the floor. All sewer connections shall be properly trapped. All cellar and slab drains shall be covered with grating. Junk, rubbish and waste shall not be permitted to accumulate to such an extent as to create a fire hazard or to endanger health or safety.
[CC 1974 §525.120; Ord. No. 141B, 1-5-1975]
Every supplied facility, fixture, system, piece of equipment or utility, and every chimney and chimney flue shall be maintained in a safe, sound and sanitary working condition, consistent with the requirements of this Chapter.
[CC 1974 §525.130; Ord. No. 141B, 1-5-1975; Ord. No. 314 §§1 — 2, 11-9-1978]
All driveways and parking areas which are entered from a public street shall be constructed of asphalt, concrete, or other smooth, monolithic surface acceptable to the Building Commissioner of the City; driveways and parking areas consisting of loose rock, gravel, pebbles or sand shall not be deemed to comply with this Section. All driveways and parking areas shall be maintained in good repair and free of safety hazards and shall be graded so as to prevent the accumulation of water.
[CC 1974 §525.140; Ord. No. 141B, 1-5-1975]
All areas which are not covered by lawn or vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. Hazardous dead trees and shrubs shall be promptly removed.
[CC 1974 §525.150; Ord. No. 141B, 1-5-1975]
Each dwelling and all exterior appurtenances on the premises shall be adequately protected against insects, rats, mice, termites, and other vermin infestation. Building defects which permit the entrance of insects, rats, mice, termites, and other vermin shall be corrected by the owner. Tenants shall be responsible for the elimination of rodents and vermin from that part of the premises under their exclusive control except when more than one (1) unit is infested at the same time and in this instance the owner shall be responsible for elimination of the infestation.
[CC 1974 §525.160; Ord. No. 141B, 1-5-1975]
Space Requirements. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first (1st) occupant, and one hundred (100) square feet for each additional occupancy. The floor area shall be calculated on the basis of the total area of all habitable rooms.
Required Space In Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof.
Ceiling Height. Habitable rooms shall have a clear ceiling height over the minimum area required of at least seven (7) feet. Attics or top half stories calculated as habitable rooms shall have a clear ceiling height of at least seven (7) feet over at least one-third (⅓) of the floor area. Only those portions of the floor area of such rooms having a clear ceiling height of five (5) feet or more may be included.
[CC 1974 §525.170; Ord. No. 141B, 1-5-1975]
It shall be unlawful for any person to use or permit any room in any basement or garden level to be used to satisfy the habitable room requirements of Section 520.160 unless such room meets all the applicable requirements of this Chapter, particularly with regard to ceiling height, ventilation, window area, and meets the following additional requirements:
The lowest point of the ceiling shall be at least three (3) feet six (6) inches above the surface of the ground immediately adjoining the room.
The required minimum window area is entirely above ground level.
No floor area three (3) feet below grade shall be used in determining habitable living space.
Two (2) means of exit are provided, at least one (1) of which leads directly to the outside of the building.
The floors and walls shall be constructed in a manner to prevent the entry of moisture and insulated to prevent the condensation of moisture within the room.
[CC 1974 §525.180; Ord. No. 141B, 1-5-1975]
Public Halls. All habitable rooms, passageways and stairways shall be provided with electrical fixtures so that they can be adequately lighted at night. A minimum of five (5) footcandles of daylight or artificial illumination shall be required at all times in public halls.
Natural Lighting. All habitable rooms except as otherwise provided in this Chapter shall be provided with a means of transmitting natural light from outside complying with the following requirements.
Window Area. Every habitable room shall have at least one (1) window or skylight of approved size facing directly to the outdoors except in kitchens where artificial light may be provided in accordance with the provisions of the Building Code. The minimum total window area, measured between stops, for every habitable room shall be at least five percent (5%) of the floor area of such room, and not less than five (5) square feet. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area for the room.
Windows Leading To Porches. Whenever the natural light area opening from a habitable room is to an enclosed porch, such area shall not be counted as a required light area unless the enclosed porch has a natural light area of at least thirty percent (30%) of the floor area of the room in question.
[CC 1974 §525.190; Ord. No. 141B, 1-5-1975]
Generally. It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein, which is not adequately and safely provided with an electrical system in compliance with the requirements of this Section.
Minimum Requirements. The following shall be considered as absolute minimum requirements: Conditions such as size of the dwelling unit and usage of appliances and equipment within the unit shall be used as the basis for requiring additional electrical works.
Deficiencies. Wherever it is found, in the judgment of the Enforcement Official, that the electrical system in the building constitutes a hazard to the occupants or the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard. The Enforcement Official shall base his/her findings of hazard on accepted engineering practice standards as listed in the latest edition of the National Electrical Code of the National Electrical Contractors Association.
Number Of Electrical Outlets. Every habitable room shall contain not less than two (2) separate and remote wall or approved floor convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture. Every kitchen shall be provided with at least three (3) separate and remote wall-type electric convenience outlets one (1) of which may be a ceiling or wall-type electric light fixture.
Laundry Area. Every laundry area shall contain at least one (1) grounded type convenience outlet.
Non-Habitable Space. Every bathroom, laundry room, furnace room, and public hall shall contain not less than one (1) ceiling or wall lighting fixture.
Good Working Order. Every outlet and fixture 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 safe manner.
Hazards Defined. In addition to the hazards established by the Enforcement Official, the following installations are prohibited and their presence shall be deemed a hazard:
Flush or semi-flush mounted floor convenience outlets, unless provided with an approved waterproof cover.
Extension cords for other than short term, temporary use.
Conductor supported pendant switches or conductor supported light fixtures.
Loose or hanging wires.
Frayed or bare wires.
Inadequately grounded, grounded type convenience outlets.
[CC 1974 §525.200; Ord. No. 141B, 1-5-1975]
Scope. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements regarding water facilities.
Bathrooms. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet, lavatory basin and bathtub or shower, all of which are in good working condition and are properly connected to hot and cold water lines and to an approved water and sewer system.
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required which is in good repair, and in working condition, properly connected to hot and cold water lines and to an approved water and sewer system.
Water Heating Facilities. Every dwelling unit shall have supplied water heating facilities which are properly installed and are maintained in a safe and good working condition, capable of heating water to 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 one hundred twenty degrees Fahrenheit (120°F).
Plumbing Fixtures. Every dwelling unit and structure covered by this Chapter shall have water lines, plumbing fixtures, vents, and drains which are properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code of the City.
[CC 1974 §525.210; Ord. No. 141B, 1-5-1975]
Applicability. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments within its walls to a temperature of at least seventy degrees Fahrenheit (70°F) when the outside temperature is minus ten degrees Fahrenheit (-10°F), and a temperature of at least sixty degrees Fahrenheit (60°F) when the outside temperature is less than minus ten degrees Fahrenheit (-10°F).
Prohibited Equipment. Gas appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing flame and the use of liquid fuels or coal does not meet the requirements of this Chapter and is prohibited.
Good Working Condition. The owner shall see that the heating facilities shall be properly installed, safely maintained and in good working condition.
[CC 1974 §525.220; Ord. No. 141B, 1-5-1975]
Generally. Every habitable room shall have a natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
Toilet Rooms, Bathrooms And Kitchens. Every toilet room, bathroom and kitchen shall have adequate ventilation which may be either an openable window with an openable area of five percent (5%) of the floor area, mechanical ventilation, or a gravity vent flue constructed with incombustible material leading to the roof of the building or a combination of any of these. The gravity vent shall be computed at an aggregate clear area of not less than five percent (5%) of the floor area of the room with a minimum area of at least one hundred twenty (120) square inches. Gravity vents shall be provided with a weather cap, directional vane or rotary type ventilation on the roof.
Adequacy. A ventilating system maintained in a safe and good working condition which provides a complete change of air for the bathroom or water closet compartment every fifteen (15) minutes shall meet the requirements of this Chapter.
[CC 1974 §525.230; Ord. No. 141B, 1-5-1975]
Adequate containers and covers for storage of rubbish, refuse, and garbage shall be required for every dwelling unit.
[CC 1974 §525.240; Ord. No. 141B, 1-5-1975]
Obstruction Or Disrepair Not Permitted. Accessory structures shall not obstruct light and air of doors and windows of any dwelling unit, or obstruct a safe means of access to any dwelling until or create fire and safety hazards or provide rat or vermin harborage. Accessory structures shall be functional and shall be maintained in a state of good repair and alignment. All structures must have vermin-proof floors.
Removal Of Non-Functioning Structures. All exterior appurtenances or accessory structures which serve no useful purpose and are in a deteriorated condition which are not economically repairable, shall be removed. Such structures shall include, but not be limited to, porches, terraces, entrance platforms, garages, driveways, carports, walls, fences, miscellaneous sheds and sidewalks.
[CC 1974 §525.250; Ord. No. 141B, 1-5-1975]
General Egress. Every dwelling unit shall have a safe and unobstructed means of egress leading to safe and open space outside at the ground level. Passage through such exit shall not lead through any other dwelling unit.
Structures With Three Or More Stories. All habitable structures of three (3) or more stories with dwelling units occupying the third (3rd) or higher story shall be provided with two (2) separate usable unobstructed means of egress for each dwelling unit located above the second (2nd) story.
Easy Egress Mandatory. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.
[CC 1974 §525.260; Ord. No. 141B, 1-5-1975]
Enforcement Official. It shall be the duty and responsibility of the Enforcement Official and his/her delegated representatives of the municipality to enforce the provisions of this Chapter. No order for correction of any violation under this Chapter shall be issued without the approval of the Enforcement Official.
The Enforcement Official is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the municipality conform to the requirements of this Chapter. For the purpose of making such inspections, the Enforcement Official is authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, rooming units, accessory structures, and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, accessory structure, and its premises shall give the Enforcement Official access thereto at reasonable times for the purpose of such inspection, examination and survey.
If any owner, occupant, or other person in charge of a structure subject to the provisions of this Chapter refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure or premises where inspection authorized by this Chapter is sought, the Enforcement Official may seek, in a court of competent jurisdiction, an order that such owner, occupant, or other person in charge cease and desist with such interference.
Inspections shall be initiated under the following circumstances:
Upon application for any occupancy permit for the dwelling unit or other notification that there will be a change of occupancy of said dwelling unit.
When, on the basis of a complaint or his/her personnel observation, the Enforcement Official reasonably suspects that a dwelling unit has Code violations, and as such, constitutes a health and/or safety hazard.
Access By Owner Or Operator. Every occupant of a structure or premises shall give the owner or operator thereof, or his/her agent or employee, access to any party 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 Chapter.
[CC 1974 §525.270; Ord. No. 141B, 1-5-1975]
Applicability. This Section shall not apply to any occupancy in existence at the time of the adoption of this Code and until a change of occupancy occurs.
Scope. Except as otherwise provided, it shall be unlawful for any person or family to occupy, or for any owner or agent thereof to permit the occupation of any dwelling, dwelling unit or addition thereto, or part thereof, for any purpose until an occupancy permit has been issued by the Enforcement Official. The occupancy permit shall not be issued until all violations of this Chapter have been brought into compliance. The occupancy permit so issued shall state that the occupancy complies with all of the provisions of this Chapter.
Fee. The fee for said occupancy permit shall be two dollars ($2.00) for each dwelling unit occupied.
Content Of Occupancy Permit. The occupancy permit shall state the names, ages, relationships, and number of occupants of the dwelling unit. It shall be unlawful for any person to knowingly make any false statement in his/her application for an occupancy permit as to the names, ages, relationships, or number of occupants of the dwelling unit. No more than one (1) family as defined in this Chapter shall occupy each dwelling unit. All persons who occupy the premises of a dwelling unit must be listed on the occupancy permit or be subject to the penalties provided in this Chapter.
Report Change Of Occupancy. Every dwelling unit in which a change of occupancy is to occur must be reported by the owner to the City so that the Enforcement Official may inspect the structure according to the provisions of this Chapter. Upon inspection, he/she shall determine the number of occupants which can be housed in the dwelling unit without creating a health or safety hazard. Failure to make such a report shall constitute a violation of this Chapter, and the person responsible for the failure shall be subject to the penalties of this Chapter.
Responsibilities Of Real Estate Brokers. All real estate brokers and agents and similar businesses and owners of multiple-family dwelling units shall report each dwelling unit which is to change occupancy as in this Chapter defined so that the Enforcement Official may inspect the unit according to the provisions of this Chapter. Failure to register or make such a report shall constitute a violation of this Chapter, and the person or firm responsible for the failure shall be subject to the penalties of this Chapter.
Conditional Occupancy Permit. A conditional occupancy permit may be issued by the Enforcement Official if, in his/her judgment, any deficiencies in structures covered by this Chapter would not seriously endanger the health or safety of the occupants or the community, and provided that the occupant makes an affidavit stating that he/she will correct deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Chapter. The occupant may then occupy the dwelling unit while repairs are being made. At such time as the dwelling complies with all the provisions of this Chapter, an occupancy permit will be issued as provided above.
[CC 1974 §525.280; Ord. No. 141B, 1-5-1975]
Whenever the Enforcement Official or his/her delegated representative finds evidence of a violation of any provision of this Chapter, he/she shall declare a public nuisance, and give notice of same to the person or persons responsible hereunder. Such notice shall be in writing and shall include a statement of each of the provisions of this Chapter being violated together with a statement of the corrective action required to cure such violation. Such notice shall specify the period of time within which such remedial action shall be taken, which time shall be a reasonable period of time under all of the circumstances. Appeal procedures available shall be specified. Such notice shall be served by delivering a copy to the owner, or his/her agent, or the occupant, as the case may require, or, if such person cannot be found, by sending a copy of the notice by registered or certified mail with return receipt requested, or if same cannot be delivered, by posting a copy of such notice in a conspicuous place in or about the building affected by the notice. The notice shall be deemed served on the date served or received or ten (10) days after posting as herein provided.
[CC 1974 §525.290; Ord. No. 141B, 1-5-1975]
Remedy Of Defects. The owner of any building shall have thirty (30) days from the issuance of the notice provided for in Section 520.280 in which to remedy the condition therein specified, except that emergency conditions shall require immediate action as provided in Section 525.110, provided however, that the Enforcement Official may, at his/her discretion, extend the time for compliance with any such notice.
Reinspection. At the time when the defects have allegedly been brought into compliance, the Enforcement Official shall reinspect the dwelling, dwelling unit, rooming unit, accessory structure and its premises. At this time, he/she shall make a complete inspection, taking particular notice that the violations previously noted have been brought into compliance, and that no new violations have come into existence in the time which has elapsed since the first (1st) inspection.
[CC 1974 §525.320; Ord. No. 141B, 1-5-1975]
Applicability. Every window, glazed exterior door, exterior transom, or exterior sidelight shall be provided with properly installed glass or other approved glazing material. In the event of breakage, the owner shall cause the immediate removal of broken glass from the premises and shall temporarily board up the affected openings with suitable material to provide protection from the elements and to prevent entry of birds or animals and to provide security to occupants or contents of the building. Within ten (10) days after the boarding-up, the owner shall cause the boarding material to be removed, and all affected openings shall be simultaneously reglazed by the owner.
Provision Of Adequate Lighting And Ventilation. Adequate ventilation and natural lighting shall be provided for all occupied dwelling units. Whenever any exterior openings are found boarded-up, it shall be the duty of the Enforcement Official to notify the owner or agent of this requirement giving him/her a period of not more than ten (10) working days in which to properly replace the broken glass or cause the dwelling unit to be vacated. This notice shall be given in the manner required by Section 520.280.
Specifications. Since the presence of boarded-up buildings, particularly those where the boarding is unpainted or applied in an insecure, careless, or unpresentable fashion, invites vandalism and creates a blighting influence which adversely affects the general welfare of the people of this municipality, it is hereby required that all boarding-up of exterior openings be accomplished in a neat workmanlike manner with not less than one-half (½) inch thick, weather-resistant plywood cut to fit within the openings, fastened in place as securely as possible, and suitably coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the building as inconspicuously as possible. It shall be the duty of the Enforcement Official to notify the owner or agent of any boarded-up dwelling unit not complying with the above requirements, of the necessity of immediate compliance and ordering him/her to replace the broken glass, or repair, replace or paint the boarding. This notice shall be given in the manner required in Section 520.280.
[Ord. No. 395 §1, 2-12-1986]
Any owner of an interest in real estate within the City which is for sale, exchange, lease or rental, or any real estate agent, broker or real estate agency having a listing agreement with said owner for said purposes shall be required to:
Register the address of the real estate with the City Clerk immediately after the real estate becomes available for sale, exchange, lease or rental and provide the City Clerk with the name of the owner and the real estate agent, and
[Ord. No. 395 §1, 2-12-1986]
The notice shall be on forms available from and provided by the City and shall read substantially as follows:
WELCOME TO VELDA CITY
Prior to occupancy to this residence the following requirements must be met:
This residence must be inspected by the Velda City Building Commissioner and must comply with all Building Codes;
An occupancy permit must be obtained from the Velda City Hall by the new occupants;
This house is approved for _________ occupants.
The Building Commissioner's Inspection Report and Applications for Occupancy Permits are available at the Velda City Hall.
The law requires this notice to remain on the premises until an occupancy certificate is issued.
Any violation of these requirements is subject to penalties provided for in the municipal Code.
DO NOT REMOVE THIS NOTICE
Velda City Hall, 2803 Maywood, Velda City, Missouri 63121
[Ord. No. 395 §1, 2-12-1986]
The notice shall be posted within three (3) days after the real estate becomes available for sale, exchange, lease or rental, or within twenty-four (24) hours after a real estate sign is displayed for said purpose, whichever is earlier.
The notice shall remain posted continuously until an occupancy permit is issued or the real estate is no longer available for sale, exchange, lease or rental.
[Ord. No. 395 §1, 2-12-1986; Ord. No. 617 §1, 7-8-2009]
It shall be unlawful for any owner of an interest in real estate which is for sale, exchange, lease or rental or any real estate agent, broker or real estate agency having a listing agreement with said owner for said purposes to: