[Ord. No. 94-05-03 § I, 5-2-1994]
A.
The
general purpose of this Chapter is to protect the public health, safety
and general welfare of the people of the City. These general objectives
include, among others, the following specific purposes:
1.
To protect the character and stability of residential and commercial
areas within the City by legislation which shall be applicable to
all dwellings and buildings now in existence or hereafter constructed.
2.
To provide minimum standards for the maintenance of exteriors
of all existing buildings, and to thus prevent the creation of slums
and blight.
3.
To provide minimum standards for the maintenance of the interiors
of all existing rented or leased dwelling units.
4.
To thus preserve the property value of land and buildings throughout
the City.
5.
To provide determinable minimum maintenance standards for dwellings
and non-residential structures, and to thus facilitate private enforcement
of legal rights and remedies.
6.
To provide mechanisms for the enforcement and administration
of the Code to ensure that the above purposes are accomplished.
[1]
Editor's Note: Ord. No. 2009-06-10-01 § 1,
adopted June 10, 2009, repealed section 515.015 "rental property registration"
in its entirety. Former section 515.015 derived from Ord. No. 2007-07-30-09
§ I, 7-30-2007.
[Ord. No. 94-05-03 § II, 5-2-1994]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A subordinate structure located on the same lot as the main
structure, or a portion of the main structure, the use of which is
clearly incidental to and customarily found in connection with the
main structure or principal use of the land.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The Building Code of the City of Greenwood, currently in
use.
Any area, whether or not zoned in a non-residential zone,
which is occupied primarily by such non-residential uses as retail,
office, warehouse, wholesaling, or manufacturing businesses.
The condition of a building or part thereof, characterized
by evidence of physical decay or neglect, excessive use, or lack of
maintenance.
Any building or portion thereof containing one (1) or more
dwelling units, but not including motels, hotels, rooming or boarding
houses, institutions, or convalescent or nursing homes.
Any building or portion of a building which is exclusively
arranged, occupied, or intended to be occupied as living quarters
for one (1) family; a separate, independent living quarter consisting
of one (1) or more connected rooms with permanently installed bathroom
and kitchen facilities.
The official designated herein or otherwise charged with
the responsibilities of administering this Chapter or his authorized
representatives.
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 material that may serve as their food, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the enforcement officials of
the City.
Any number of people occupying a single-dwelling unit living
together as a single housekeeping unit, related by blood, marriage
or formal adoption plus not more than two (2) additional people not
so related, except that foster children shall be considered as formally
adopted. A "family" may also include up to but not more than three
(3) unrelated people. In excess of three (3) unrelated people living
together shall not be considered a family.
An independent structure forming a barrier at grade between
lots, between a lot and 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.
A trough attached to an eave to carry off water.
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
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 services in the building, or other
similar spaces not used by a person frequently or during extended
periods.
Any place where insects, pests or rodents can live, nest
or seek shelter.
Standards of maintenance of the inside elements and occupancy
of rented or leased dwelling units only where the owner does not reside.
The least quality admissible by this Chapter.
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.
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling or rooming unit.
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 who, alone, jointly or severally with others,
shall be in actual possession of, or have charge, care or control
of, any building, 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; 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 partnership or associations, the word shall include
the partners or members thereof, and as to corporations, shall include
the officers, agents or members thereof who are responsible for any
violation of such Section.
A lot, plot or parcel of land or any part thereof, including
the building or structures thereon.
Any material furnished, supplied, paid for or under the control
of the owner.
A hall, corridor or passageway for egress from a dwelling
not within the exclusive control of one (1) family or dwelling unit.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law; or
Any physical condition, use of occupancy of any premises or
its appurtenances, considered an attractive nuisance to children,
including but not limited to abandoned wells, swimming pools, shafts,
basements, excavations, unsafe fences or structures, etc.; or
Any premises designated as unsafe for human habitation or use;
or
Any premises which are manifestly capable of being a fire hazard,
or manifestly unsafe or unsecured as to endanger life, limb or property;
or
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; open, vacant or abandoned;
damaged by fire to the extent as to not provide shelter, in danger
of collapse or failure and is dangerous to anyone on or near the premises;
or
Any condition of a structure, building, dwelling, dwelling unit,
lot, property or premises which is declared, defined or deemed to
be a nuisance by the provisions of the Code of Ordinances of the City
of Greenwood.
To restore to a sound and acceptable state of operation or
serviceability. Repairs shall be expected to last approximately as
long as would be 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.
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.
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes.
A device which detects visible or invisible particles of
combustion and shall be either the ionization chamber or the photoelectric-type
device.
Anything constructed or erected with a fixed location on
the ground, or attached to something with a fixed location on the
ground. Structures include, but are not limited to, buildings, walls,
fences, billboards, poster panels, above ground storage tanks, and
public and similar uses. Excluded are sidewalks, pavement, and public
improvements such as utility poles, street light fixtures, and street
signs.
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinance.
Paid for, installed furnished or provided by or under the
control of the owner/operator.
Whenever the words "workmanlike state of maintenance and
repair" or "workmanlike state of manner" are used in this Code, they
shall mean that such maintenance and repair shall be made in a reasonably
skillful manner.
An open space at grade on the same lot as 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.
[Ord. No. 94-05-03 § III, 5-2-1994]
A.
Every building or premises shall conform to the requirements of this
Chapter, irrespective of when such building or premises shall have
been constructed, altered or repaired. But nothing in this Chapter
shall be construed to require existing buildings or premises to comply
with the requirements of the current Building Code, Electrical Code,
Plumbing Code, or Mechanical Code; provided however, that, after May
2, 1994 repairing, reconditioning or remodeling of existing buildings
shall be completed as required by this Chapter.
B.
Landlord-Tenant Relations. Nothing in this Chapter or its enforcement
shall be construed in any way to affect landlord-tenant relation nor
shall relieve the tenant of any implied contractual obligations with
the landlord. Further, should the Enforcement Official order the maintenance
or repair of an element of a structure, the property owner shall not
remove said element unless the Enforcement Official has first determined
that the removal of said element would not increase the rate of deterioration
of said structure.
[Ord. No. 94-05-03 § IV, 5-2-1994]
A.
Scope. This Chapter establishes minimum standards for principal buildings
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 the City existing on May 2, 1994, the provision
which establishes the higher standard for the promotion and protection
of the safety and health of the people shall prevail. It is not the
intention of this Chapter to require reconstruction or replacement
of existing facilities or structures in sound condition of repair
in order to meet specific requirements of any of the above-mentioned
Codes unless there is an existing or probable health or safety hazard
to the occupants or any residents of the City.
B.
Severability. If any Section, Subsection, paragraph, sentence, clause
or phrase of this Chapter should be declared invalid for any reason
whatsoever, such decisions shall not affect the remaining portions
of this Chapter, which shall remain in full force and effect.
[Ord. No. 94-05-03 § V, 5-2-1994]
A.
Applicability. It shall be unlawful for any person to occupy as owner-occupant
or to let or hold out to another for occupancy any building for the
purpose of carrying on a business, living, sleeping, cooking or eating
which is not safe, sanitary and fit for human occupancy and which
does not comply with the particular requirements of the following
Subsections of this Section.
B.
Foundation, Exterior Walls And Roofs. The foundation, exterior walls,
and roof shall be substantially watertight and weather-tight as can
be determined from a ground-level inspection, 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 excessive
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. Roofs shall be adequate to prevent
rainwater from causing excessive 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.
C.
Windows, Doors And Hatchways. Every window, door and basement hatchway
shall be kept in sound condition and repair. Every window shall be
fully supplied with window panes which are without dangerous 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 and shall be equipped with window screens. Every door,
door hinge and door latch shall be in functional condition. Knobs
and/or handles shall be properly installed on all doors. Every door,
when closed, shall fit reasonably well within its frame. All sliding
doors shall have guides to prevent falling out of track. Every window,
exterior door guides and frames shall be constructed and maintained
in such relation to the adjacent wall construction as to completely
exclude rain and excessive dampness 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, insects, rain and surface drainage water into the building.
D.
Exterior Appurtenances. Exterior appurtenances, including, but not
limited to, screens, awnings, trellises, television antenna, chimneys,
storm windows, gutters, eaves, storm doors, fences, and retaining
walls shall be installed in a safe and secure manner, and shall be
maintained in good repair and must meet the requirements of all other
portions of the City's Code.
E.
Stairways And Porches. Every stairway outside of the building or
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 five (5) or more risers high and every porch which if five (5)
or more risers high shall have handrails or railings located on one
(1) side of same. Every rail and balustrade shall be firmly fastened
and maintained in good condition. No flight of stairs shall have settled
or have pulled away from supporting or adjacent structures so as to
create a safety hazard. No flight of stairs shall have rotting, loose
or deteriorating supports. The treads and risers of every flight of
stairs shall be uniform in width and height. Every porch shall have
a sound floor. No porch shall have rotting, loose or deteriorating
supports.
F.
Driveways, Sidewalks And Patios. Driveways, sidewalks and patios
shall be maintained in good repair and free of safety hazards. Cracks
in concrete or asphalt surfaces causing a vertical off-set in excess
of one (1) inch shall be repaired or replaced so as to prevent accident
or injury.
G.
Yards. 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 located on private property
which overhang a public thoroughfare or sidewalk shall be properly
trimmed to a minimum under clearance of six (6) feet to avoid obstruction
of the view and movements of vehicles and pedestrians. Hazardous live
or dead trees and shrubs shall be promptly removed or trimmed to remove
the hazard.
H.
Infestation. Each building and dwelling and all exterior appurtenances
on the premises shall be adequately protected against insects, rats,
mice, termites and other infestation. Building defects which permit
the entrance of insects, rats, mice, and termites and other infestation
shall be corrected by the owner.
[Ord. No. 94-05-03 § VI, 5-2-1994]
A
Applicability. It shall be unlawful, in addition to preceding Section 515.050, for any person to rent, lease, or hold out to another for occupancy for the purpose of living, sleeping, cooking or eating any dwelling unit which is not safe, sanitary and fit for human occupancy and which does not comply with the particular requirements of the following Subsections of this Section.
B
Interior Cellars, Etc., To Be Maintained Free From Dampness. In every
rented or leased dwelling unit, cellars, basements and crawl spaces
shall be maintained reasonably free from dampness to prevent condition
conducive to decay or deterioration of the structure.
C
Interior Structural Members. The supporting structural members of
every rented or leased dwelling unit shall be maintained structurally
sound, showing no evidence of deterioration which would render them
incapable of carrying the imposed loads in accordance with the provisions
of the Building Code.
D
Interior Stairs. All interior stairs of every rented or leased dwelling
unit shall be maintained in sound condition and good repair by replacing
treads and risers that evidence excessive wear or are broken, warped
or loose. Every inside stair shall be so constructed and maintained
as to be safe to use and capable of supporting a load as required
by the provisions of the Building Code.
E
Interior Handrails. Every inside staircase or stairway in a rented
or leased dwelling unit consisting of five (5) or more steps shall
be equipped with a handrail which shall be kept in sound condition
and good repair.
F
Bathroom And Kitchen Floors. Every toilet, bathroom and kitchen floor
surface in a rented or leased dwelling unit shall be constructed and
maintained with a material approved for the location and maintained
so as to permit such floor to be easily kept in a clear and sanitary
condition.
G
Interior Sanitation. The interior of every rented or leased dwelling
or dwelling unit shall be maintained in a clean and sanitary condition
free from any accumulation of rubbish or garbage as specified in this
Section. Trash, garbage and other refuse shall be properly kept inside
temporary storage facilities as required in the Greenwood solid waste
collection and disposal ordinance or the Greenwood Code of Ordinances.
H
Interior Insect And Rodent Harborage. Rented or leased dwelling or
dwelling units shall be kept free from insect and rodent infestation,
and where insects or rodents are found, they shall be promptly exterminated
by acceptable processes which will not be injurious to human health,
as specified in this division. After extermination, proper precautions
shall be taken to prevent reinfestation.
I
Interior Walls, Ceilings And Floors. Every rented or leased dwelling
or dwelling unit floor, interior wall and ceiling shall be kept in
sound condition and good repair, and constructed of a building material
recognized for that purpose.
J
Interior Sanitary Facilities. The following minimum sanitary facilities
in all rented or leased dwelling units shall be supplied and maintained
in sanitary, safe working condition:
1.
Toilet. Every dwelling unit, except as otherwise permitted by Subdivision (3) of this Subsection (J) shall contain a room, separate from the other habitable rooms of the dwelling unit, which affords privacy to a person within such room, and which is equipped with a flush toilet and lavatory basin: provided that, such lavatory basin may be located outside such room if it is convenient to such room.
2.
Bathtub Or Shower. Every dwelling unit, except as otherwise permitted by Subdivision (3) of this Subsection (J) shall contain a room, separate from the other habitable rooms of the dwelling unit, which affords privacy to a person within such room and which is equipped with a bathtub or shower.
3.
Shared Toilet, Lavatory Basin Bathtub Or Shower. The occupants
of two (2) dwelling units in the same dwelling may share a single
flush toilet, a single lavatory basin and a single bathtub or shower
if:
a.
Neither of the two (2) dwelling units contain more than three
(3) rooms: provided that, for the purposes of this Subsection, a kitchenette
or an efficiency kitchen with not more than sixty (60) square feet
of floor area shall not be counted as a room; and that
b.
The habitable area of each such dwelling unit shall equal not
more than three hundred fifty (350) square feet of floor area; and
that
c.
Such flush toilet, lavatory basin, and bathtub or shower is
located so that the occupants of neither dwelling unit are required
to pass through any rooms of the other dwelling unit to reach the
facilities; and that
d.
Such dwelling units are in the same dwelling and are arranged
so that the occupants of neither dwelling unit are required to go
out of doors to reach the facilities.
4.
Kitchen Sink. Every dwelling unit and every rooming house which
has a portion thereof exclusively or primarily used for cooking by
tenants or occupants thereof, shall contain a kitchen sink in good
working condition and properly connected to an approved water and
sewer system.
5.
Stove And Refrigerator. Every dwelling unit and each rooming
house which has a portion thereof exclusively or primarily used for
cooking by tenants or occupants thereof shall contain proper and safe
connections for the installation of a stove and refrigerator.
6.
Shelf And Storage Space For Food. Every room which is used partially
or exclusively for cooking shall contain adequate shelf and storage
space for the preparation and storage of food.
K
Interior, Water And Sewer System. Every kitchen sink, lavatory basin,
bathtub or shower and toilet required under the provisions of this
Chapter shall be properly connected to either a public water and sewer
system or to an approved private water and sewer system. All sinks,
lavatories, bathtubs and showers shall be supplied with hot and cold
running water.
L
Interior Water Heating Facilities. Every rented or leased dwelling
unit shall be supplied with water heating facilities which are installed
in an approved manner properly maintained, and properly connected
with hot water under the provisions of this Chapter. Water heating
facilities shall be capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower and laundry facility
or other similar units, at a temperature of not less than one hundred
thirty degrees Fahrenheit (130° F.) at any time needed.
M
Interior Heating Facilities. Every rented or leased dwelling unit
shall be served with heating facilities which are installed in an
approved manner, are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable rooms,
bathrooms, and toilet rooms located therein to a temperature of at
least sixty-eight degrees Fahrenheit (68° F.) at a distance of
three (3) feet above floor level, under ordinary winter conditions.
N
Interior Trash Storage Facilities. Every rented or leased dwelling
unit shall be supplied with adequate trash storage facilities whose
type and location are in accordance with the solid waste collection
and disposal ordinance of the Greenwood Code of ordinances.
O
Interior Garbage Storage Or Disposal Facilities. Every rented or
leased dwelling or dwelling unit shall be supplied with a garbage
disposal facility which meets the City standards, which may be any
adequate mechanical garbage disposal unit (mechanical sink grinder)
in each dwelling unit, or an approved garbage can or approved garbage
bags.
P
Interior Functioning And Maintenance Of Facilities And Equipment.
Every supplied facility, piece of equipment, or utility which is required
under this Chapter shall be so constructed and installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
Q
Interior Plumbing Systems And Fixtures. In rented or leased dwelling
units, water lines, plumbing fixtures, vents, drains, plumbing stack
and waste and sewer lines shall be properly installed, connected and
maintained in working order and shall be kept free from obstruction,
leaks and defects and 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.
R
Interior Heating Equipment. Every rented or leased residential space
heating, cooking, and water heating device located in a rented or
leased dwelling unit shall be properly installed, connected and maintained,
and shall be capable of performing the function for which it was designed
in accordance with the provisions of the Building Code.
S
Interior Ceiling Height — Minimum. At least one-half (1/2) of the floor area of each habitable room of each rented or leased dwelling unit shall have a ceiling height of six and one-half (6 1/2) feet or more; and the floor area of that part of any room where the ceiling height is five (5) feet or less, shall not be deemed as part of the floor area in computing the total area of that room for the purpose of Subsection (U) of this Section 515.060.
T
Interior Ceiling Heights — Public Halls And Stairways. Every
public hall or stairway in a rooming house or multiple-family dwelling
shall have a minimum vertical clearance of six (6) feet six (6) inches
at all places; provided that the Director may waive this requirement
if the construction of the dwelling is such as to make this requirement
impractical. Where a waiver is granted, the owner or operator shall
post a written warning of low clearance, which shall be easily visible,
and which shall be approved by the Director.
U
Interior Required Space In Dwelling Units. Every rented or leased
dwelling unit shall contain one hundred fifty (150) square feet, or
more, of floor space for the first occupant thereof and at least one
hundred (100) square feet of additional floor space for each additional
occupant thereof. The floor space shall be calculated on the basis
of total habitable room area: Provided that, an infant under the age
of twelve (12) months shall not be deemed as occupant for the purposes
of this Section. This Section is not applicable to rooming houses.
V
Interior Occupancy Of Dwelling Unit Below Grade. No rented or leased
dwelling unit partially below grade shall be used for living purposes
unless: Floors and walls are watertight; total window area, total
openable area and ceiling height are in accordance with this Chapter,
provided that, this provision can be waived by the Director; required
minimum window area of every habitable room is entirely above the
grade of the ground adjoining such window area, provided this provision
can be waived by the Director; and no basement or cellar, or part
thereof, shall be used or leased for human occupancy or habitation
if subject to flooding. For the purposes of this Chapter, a basement
or cellar shall be deemed to be subject to flooding if at any time
there has been more than one (1) inch of water over the floor, and
if the condition or conditions which caused the flooding to occur
have not been subsequently corrected.
W
Interior Natural Light In Habitable Rooms In Rented Or Leased Dwelling
Units.
1.
Every habitable room shall have at least one (1) window of approved
size facing directly to the outdoors or to a court or other method
and devices that will provide the equivalent minimum performance requirements.
2.
The minimum total window area, measured between stops, for every
habitable room shall be ten percent (10%) of the floor area of such
room. In a basement or cellar a three (3) square foot window area
shall be deemed sufficient. Whenever walls or other portions of a
structure face a window of any room and such obstructions are located
less than three (3) 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 nor to a court, and shall not be
included as contributing to the required minimum total window area
for the room.
3.
In the application of this Chapter the standard for light for
all habitable rooms shall be based on two hundred fifty (250) footcandles
of illumination on the vertical plane adjacent to the extent of the
light transmitting device and shall be adequate to provide an average
illumination of six (6) footcandles over the area of the room at a
height of thirty (30) inches above the floor level.
X
Interior Light In Non-Habitable Work Space. Every laundry, furnace
room, and all similar non-habitable work space located in a rented
or leased dwelling unit shall have one (1) supplied electric light
fixture available at all times.
Y
Interior Light In Common Halls And Stairways. Every common hall and
inside stairway in every rented or leased dwelling, other than one-family
and two-family dwellings, shall be adequately lighted at all times
with an illumination of at least five (5) candlepower per square foot
in darkest portion of the normally traveled stairs and passageways.
Z
Interior Electrical Outlets Required. Every rented or leased dwelling
shall be serviced by electricity. Further, every electrical outlet
and fixture and all electrical wiring required by this Section shall
be properly installed, maintained in good and safe working condition,
and shall be connected to the source of electricity in a safe manner.
Every electrical outlet and fixture shall be installed, maintained
and connected to the source of electrical power in accordance with
the provisions of the Building Code or Electrical Code of the City.
For the purpose of this Section, a two (2) plug electric convenience
outlet shall be deemed to be a single outlet. Every dwelling, unless
otherwise specified, shall be electrically equipped as follows:
1.
Every habitable room shall contain two (2) or more wall-type
electric convenience outlets or one (1) or more wall-type electric
convenience outlets and one (1) electric ceiling or wall light fixture.
2.
Every toilet room, bathroom, laundry room, and furnace room
shall contain one (1) or more ceiling or wall-type electric light
fixtures.
4.
A separate electrical circuit shall be required for every eight
(8) electrical convenience outlets for alterations, repairs and additions.
5.
In dwellings utilizing electric heat and/or an electric cooling
unit in which the source of least is wholly or partially operated
by a centrally located electrical unit, a separate electrical circuit
will be required for each device.
6.
A separate electrical circuit shall be required for each electrical
range or stove or two hundred twenty (220) volt air-conditioner which
is operated in a dwelling unit.
AA
Correction Of Interior Defective Electric System. Where it is found,
in the opinion of the Director, that the electrical system in a rented
or leased dwelling constitutes a hazard to the occupants of the building
by reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage, it shall
be corrected to eliminate the hazard.
BB
Adequate Interior Ventilation. Every room in every rented or leased dwelling shall have at least one (1) window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every room shall be equal to at least forty-five percent (45%) of the minimum window area size required in Subsection (W) of this Section 515.060, except that no openable window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system.
CC
Interior Ventilation And Light In Bathroom And Toilet. Every bathroom and toilet compartment in every rented or leased dwelling unit shall comply with the light and ventilation requirements of habitable rooms as required by Subsection (W) of this Section 515.060 and Subsection (BB) of this Section 515.060, except that no window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system. The Director may waive this requirement if the construction or use of the dwelling is such as to make this requirement impractical.
DD
Interior Storage Of Flammable Liquids Prohibited. No rented or leased
dwelling, dwelling unit or rooming unit shall be located within a
building containing any establishment handling, dispensing or storing
flammable liquids with a flash point of one hundred ten degrees Fahrenheit
(110° F.) or lower.
EE
Interior 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, and kept
functioning properly so as to be free from fire, health, and accident
hazards. All installations and repairs shall be made in accordance
with the provisions of the Building Code or other laws or ordinances
of the City applicable thereto.
FF
Interior Maintenance Of Private Areas. Every occupant of a rented
or leased dwelling shall maintain in a clean and sanitary condition
that part of the dwelling and its premises which he or she occupies
or controls. The occupant shall keep such premises free of litter,
trash, garbage, salvage material, junk and building materials, unless
properly stored. The occupant shall keep such premises reasonably
free of breeding, harboring and feeding places for rodents and insects.
The occupant shall also keep such premises free of noxious weeds.
GG
Disposal Of Trash. Every occupant of a rented or leased dwelling
shall dispose of his/her trash in a clean and sanitary manner by placing
it in trash containers. Every dwelling shall be supplied with adequate
trash storage facilities in accordance with the solid waste and disposal
ordinance of the Greenwood Code of Ordinances.
HH
Interior Disposal Of Garbage. Every occupant of a rented or leased
dwelling unit shall dispose of his/her garbage in a clean and sanitary
manner by placing it in garbage disposal facilities or garbage storage
containers; provided that, if garbage disposal facilities are not
supplied, it shall be the responsibility of the owner to supply proper
garbage storage containers which may include garbage bags, for all
units in rooming houses and apartment houses. Every dwelling unit
offered for rent shall have adequate storage facilities, which shall
be constructed to repel animals, for the deposit of garbage bags until
the date of pickup. The type and location of these containers must
conform to solid waste and collection disposal ordinances of the Greenwood
Code of Ordinances. It shall be the responsibility of the owner or
his/her agent to see that garbage bags are deposited at curbside as
required in said ordinance.
II
Extermination Of Interior Pests.
1.
Generally. Building shall be kept free from insect and rodent
infestation, and where insects or rodents are found, they shall be
promptly exterminated by acceptable processes which will not be injurious
to human health. After extermination, proper precautions shall be
taken to prevent reinfestation.
2.
Extermination From Buildings. Every owner of a dwelling or apartment
shall be responsible for the extermination of insects, rodents, vermin
or other pests whenever infestation exists in two (2) or more of the
dwelling units or in the shared or public parts of the structure.
3.
Extermination From Dwelling Units. The occupant of a dwelling
or apartment shall be responsible for such extermination within the
unit occupied by him/her whenever his/her dwelling unit is the only
unit in the building that is infested.
JJ
Scope And Requirements — Interiors Of Rooming Houses. Section 515.060(U) of this Chapter shall not be applicable to rooming houses, as defined in this Chapter. Every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, shall comply with every other requirement of this Chapter. The requirements of this Subsection are applicable only to rooming houses.
1.
Toilet, Lavatory And Bath Facilities — Rooming Houses.
Every rooming house shall have at least one (1) toilet, one (1) lavatory
basin, and one (1) bathtub or shower, in good working condition and
properly connected to water and sewer systems approved by the Director
for each eight (8) persons, or fraction thereof, residing within a
rooming house. Whenever members of the operator's family share
the use of such facilities, they shall be deemed to be persons residing
in a rooming house for the purpose of this Section; provided that,
in a rooming house where rooms are leased only to males, flush urinals
may be substituted for not more than one-half (1/2) of the number
of toilets required by this Section. All toilets, lavatory basins
and bathtubs or showers shall be located so as to be reasonably accessible
from a common hall or passageway to all persons sharing such facilities.
Every lavatory basin, bathtub or shower shall be supplied with hot
water at all times. Every water closet, flush urinal, lavatory basin,
bathtub and shower shall be located within the rooming house and within
a room or rooms which afford privacy and are accessible from the habitable
rooms or from a common hall and without going outside the rooming
house or through any other room therein.
2.
Minimum Floor Area For Sleeping Purposes — Rooming Houses.
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 two (2) persons shall
contain at least fifty (50) square feet of floor area for each occupant
thereof.
3.
Sanitary Conditions — Interiors Of Rooming Houses. The
owner and operator of every rooming house shall be responsible for
the sanitary maintenance of all walls, floors and ceilings, and for
the sanitary maintenance of every other part of the rooming house,
and shall further be responsible for the sanitary maintenance of the
entire premises where the entire structure within which the rooming
house is contained is leased or occupied by the operator or owner.
[Ord. No. 94-05-03 § VII, 5-2-1994]
Accessory structures shall not obstruct light and air of doors
and windows of any building or dwelling unit, or obstruct a safe means
of access to any dwelling unit, or create fire and safety hazards,
or provide rat or insect harborage. Accessory structures shall be
securely anchored.
[Ord. No. 94-05-03 § VIII, 5-2-1994]
A.
General Egress. Every building and 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 building or dwelling unit.
B.
Structures With Two And One-Half (2 1/2) Or More Stories. All
buildings or habitable structures of two and one-half (2 1/2)
or more stories with dwelling units occupying the higher story shall
be provided with two (2) separate usable unobstructed means of egress
for each dwelling unit located above the second story.
[Ord. No. 94-05-03 § IX, 5-2-1994; Ord. No. 94-09-04 § IX, 9-12-1994]
A.
Enforcement Official. It shall be the duty and responsibility of
the Building Official or delegated representatives to enforce the
provisions of this Chapter. Such factors as type and extent of violation(s),
extent to which health and safety to persons or property is imminent
due to said violation, weather conditions due to the time of the year,
and other extenuating circumstances shall be used in determining the
length of time initially given beyond thirty (30) days to correct
a violation to this Chapter.
B.
Inspections. Inspections shall be initiated under the following circumstances:
1.
Where there is extensive deterioration of a building or dwelling.
2.
When, on the basis of a complaint or personal observation, the
Enforcement Official reasonably suspects that a building or dwelling
has Code violations and as such constitutes a health and/or safety
hazard.
3.
Where an inspection is a requirement of a specific building
or dwelling improvements for which a building permit has been issued,
the Enforcement Official is authorized and directed to make inspections
to determine whether buildings, dwellings or accessory structures
and premises located within the City conform to the requirements of
this Chapter. For the purpose of making such inspections, the Enforcement
Official is authorized, at reasonable times, with the consent of the
owner thereof, to enter, examine and survey all buildings, dwellings,
and accessory structures and premises.
4.
Where an inspection is a requirement of a specific building
or dwelling improvements for which a building permit has been issued,
the Enforcement Official is authorized and directed to make inspections
to determine whether buildings, dwellings or accessory structures
and premises located within the City conform to the requirements of
this Chapter. For the purpose of making such inspections, the Enforcement
Official is authorized, at reasonable times, with the consent of the
owner thereof, to enter, examine and survey all buildings, dwellings,
and accessory structures and premises.
C.
Access For Purposes Of Inspections. The Enforcement Official shall
make or cause to be made inspections to determine the conditions of
all structures and premises governed by this Chapter in order to safeguard
the safety, health and welfare of the public under the provision of
this Chapter. The Enforcement Official is authorized to enter any
structure or premises at any reasonable time for the purpose of performing
the duties under this Chapter. The owner, occupant or operator of
every structure or premises governed by this Chapter, or the person
in charge thereof, shall give the Enforcement Official free access
thereto and to all parts thereof and to the premises on which it is
located at all reasonable times for the purpose of such inspection,
examination and survey. In the event the owner, operator or occupant
shall refuse access to any structure or premises, the Enforcement
Official may make application to the Judge of the Municipal Court
for a search warrant.
D.
Remedy Of Defects. The owner of any building shall remedy the condition
specified in such notice within the time designated therein; however,
the Enforcement Official may, at his discretion, extend the time for
compliance with any such notice, in accordance with this Section.
E.
Reinspection. At the time when the defect has allegedly been brought
into compliance, the Enforcement Official shall reinspect the building,
dwelling, or accessory structure and its premises. At this time, he
shall make a reinspection, taking particular notice whether the violations
previously noted have been brought into compliance and whether any
hazardous conditions have come into existence in the time which has
elapsed since the first inspection.
F.
Non-Compliance With Chapter — Notice To Be Given. Whenever
the Enforcement Official or his delegated representatives find evidence
of a violation of any provisions of this Chapter, he shall declare
a code violation and the City Clerk will 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.
Such notice shall be served by delivering a copy to the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in such building as shown by the land records of the County Recorder
of Jackson County, or, if any 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.
G.
Hearing. Upon failure to commence the work of reconditioning or demolition
within the time specified or upon failure to proceed with the work
without unnecessary delay, the City Clerk shall forward the violation
to the Police Department for issuance of a General Ordinance Summons
to appear in Municipal Court to answer the violation charges.
H.
Performance Of Work By City — Special Tax Bill. If any order
of the Municipal Court is not obeyed within the time specified by
the Court, which shall be no less than thirty (30) calendar days,
and if
I.
Appeal. The decision of the Municipal Court may be appealed within
thirty (30) days by a party aggrieved thereby to the Circuit Court
of Jackson County.
[Ord. No. 94-05-03 § X, 5-2-1994]
A.
Applicability. This Section shall apply only to occupancy of rented or leased dwelling units which have been found to be in non-compliance with this Chapter and when the work ordered under pursuant to Section 515.090 of this Chapter has not been performed.
B.
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 occupancy of any rented or leased dwelling, dwelling unit or addition thereto, or part thereof, for any purpose unless compliance with this Chapter is achieved and 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 except as provided in Subsection (D) hereof. The occupancy permit so issued shall state that the occupancy complies with all of the provisions of this Chapter.
C.
Fee. The fee for such occupancy permit, including inspection fee,
shall be fifteen dollars ($15.00) for each single-family residence
and fifteen dollars ($15.00) for apartments for each dwelling unit
occupied. The fifteen dollars ($15.00) fee shall also cover the first
reinspection in the event a reinspection is necessary following the
initial inspection. In the event further reinspections are necessary
to secure an occupancy permit, each such reinspection after the first
reinspection shall require an additional fee of twenty-five dollars
($25.00) per reinspection.
D.
Conditional Occupancy Permit. A conditional occupancy permit may
be issued by the Enforcement Official if, in his judgement, any deficiencies
in structures covered by this Chapter would not seriously endanger
the health or safety of the occupants of the community, and provided
that in the case of an owner-non-occupant an affidavit stating that
the owner bring the structure into compliance with the provisions
of this Chapter. The renter or lessee occupant may occupy the dwelling
unit while repairs are being made. At such time and within the period
covered by the affidavit furnished as the dwelling complies with all
the provisions of this Chapter an occupancy permit will be issued
as provided above.
E.
Notice Of Requirement Of Occupancy Permit To Be Posted. The Enforcement
Official shall post in a conspicuous place on every non-complying
rented or leased dwelling, a sign specifying that an occupancy permit
is required to be issued prior to the occupation or continued occupation
of any dwelling unit. Said notice shall remain on the dwelling unit
or dwelling until compliance with the Code is achieved as determined
by the Enforcement Official.
[Ord. No. 94-05-03 § XI, 5-2-1994]
Placard On Building. The designation of buildings or dwellings as unfit for human habitation and the procedure for such declaration and placarding of such unfit buildings or dwellings shall be carried out in compliance with the following requirements. Any buildings or dwellings which shall be declared unfit for human habitation and shall be so designated and placarded by the Enforcement Official when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 515.090(F): One which is so damaged, decayed, dilapidated, unsanitary, unsafe, insect infested that it creates a serious hazard to the health or safety of the occupants or the public.
A.
Building To Be Vacated. Any building or dwelling condemned as unfit
for human habitation, and so designated and placarded by the Enforcement
Official, shall be vacated within a reasonable time as ordered by
the Enforcement Official.
B.
Reoccupation Of Building. No building or dwelling 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 removed by the Enforcement Official. The Enforcement
Official shall remove such placard whenever the defect or defects
upon which the condemnation and placarding action were based have
been eliminated.
C.
Unlawful To Remove Placard. No person shall deface or remove the placard from any building or dwelling which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection (C).
D.
Vacated Buildings To Be Made Secure. The owner of every building
or dwelling which is condemned as "unfit" for human habitation for
continued occupancy shall make the dwelling or building safe and secure
that it shall not be dangerous to human life and shall not constitute
a fire hazard or public nuisance. Any such vacant building or dwelling
open at doors or windows, if unguarded, shall be deemed to be dangerous
to human life as a fire hazard and public nuisance within the meaning
of this provision.
[Ord. No. 94-05-03 § XII, 5-2-1994]
A.
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 simultaneous 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 immediately be reglazed by the owner.
B.
Enforcement. Whenever any exterior openings are found boarded up
in an occupied building or dwelling it shall be the duty of the Enforcement
Official to notify the owner or the agent of the above requirement,
giving him a period of not more than ten (10) working days in which
to properly replace the broken glass or cause the building or dwelling
to be vacated. If necessary materials are not available within this
period, the Enforcement Official may grant an extension of time at
his discretion.
C.
Specifications. All boarding up of exterior openings shall be accomplished
in a neat, workmanlike manner with not less than unpainted three-eighths
(3/8) inch thick, weather resistant plywood cut to fit within the
openings, fastened in place as securely as possible. It shall be the
duty of the Enforcement Official to notify the owner or agent of any
boarded up building or dwelling not complying with the above requirement
of the necessity of immediate compliance, and to order him to replace
within ten (10) working days.
[Ord. No. 94-05-03 § XIII, 5-2-1994]
A.
Prosecution. In case any violation of this Chapter is not remedied
within the prescribed time period designated by the Enforcement Official,
he shall request the legal representative of the City to institute
an appropriate action or proceeding at law against the person or firm
responsible for the failure to comply:
1.
To restrain, correct or remove the violation or refrain from
any further execution of work.
2.
To restrain, or correct erection, installation or alteration
of such building;
3.
To require the removal of work in violation;
4.
To prevent the occupation or use of the building structure or
part thereof, erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this Chapter or in
violation of a plan or specification under which an approval, permit,
or certificate was issued; and
5.
To enforce the penalty provision of this Chapter.
B.
Penalty For Violation. Any person who shall violate any provision of this Chapter shall, upon conviction thereof, be subject to the penalties provided for by Section 515.180. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[Ord. No. 94-05-03 § XIV, 5-2-1994]
A.
When any dwelling unit has become so damaged by fire, wind, or other
causes, or has become so unsafe, unhealthful or unsanitary that in
the opinion of the Enforcement Official, life or health is immediately
endangered by the occupation of the dwelling unit, the Enforcement
Official is hereby authorized and empowered to revoke without notice
any occupancy permit for such dwelling unit and to order and require
the occupants to vacate the same forthwith and to order the owner
or agent to proceed immediately with the corrective work and repairs
required to make the dwelling unit safe and fit for human habitation,
whether or not a notice of violation has been given as described in
this Chapter and whether or not legal procedures described by City
ordinances have been instituted.
B.
In the event the Enforcement Official determines that there is an
immediate danger to the health, safety or welfare of any person, he
may take emergency measures to vacate and repair the structure or
otherwise remove the immediate danger.
C.
Written notice shall be given to the owner, occupant, lessee, mortgage,
agent and all other persons having an interest in such building or
structure as promptly as possible. The cost of any such emergency
work shall be collected in the same manner as hereinabove provided.
[Ord. No. 94-05-03 § XV, 5-2-1994; Ord. No. 94-09-04 § XV, 9-12-1994]
A.
The court shall have the following powers and duties:
1.
To interpret the provision of this Code.
2.
To recommend legislation affecting the substance and enforcement
of this Code.
3.
To adopt reasonable rules and regulations governing the form,
method and procedures used in the filing, hearing and disposition
of appeals, and for the conduct of its own business.
4.
For good cause shown, to grant extensions of time in which to
comply with the provisions of this Code.
5.
To grant continuances.
6.
To issue subpoenas, compelling attendance of witnesses and production
of evidence.
7.
To issue warrants.
8.
To render its appellate decision in writing with copies to the
appellant, City Clerk, and City Attorney.
B.
The Court shall have all other powers or duties which are now, or
may hereafter be granted to or imposed upon it by ordinance, statute
or final decision of a court of last resort.
[Ord. No. 94-05-03 § XVI, 5-2-1994; Ord. No. 94-09-04 § XVI, 9-12-1994]
In cases concerning appeals to the Court by any person subject
to the requirements of this Chapter where it is claimed strict compliance
with the minimum standards contained herein would result in serious
personal financial hardship to the applicant, the Court may grant,
in its sound discretion, an appropriate personal financial exemption
or determent from strict compliance with the provisions of this Chapter;
provided that the Court shall not have the authority to grant any
exemption under this Section where any structure other than an owner-occupied
dwelling used solely for residential purposes is involved. In reaching
a decision under this Section, the Court shall consider the age, size
of family, extraordinary debts resulting from catastrophe or illness,
lack of employment, source of income, and gross income of the person
seeking the personal financial exemption.
[Ord. No. 94-05-03 § XVII, 5-2-1994; Ord. No. 94-09-04 § XVII, 9-12-1994]
For any decision of the Municipal Court upon an order of action taken pursuant to Section 515.090, the method of judicial review shall be by duly verified petition for writ of certiorari presented to the Circuit Court of Jackson County, Missouri. Such petition shall be filed with the Circuit Court within thirty (30) days after the Municipal Court's decision. Such petition shall set forth with particularity the ground for such review. Any person or persons jointly or severally aggrieved by any decision of the Court shall be entitled to petition for such review.
[Ord. No. 94-05-03 § XVIII, 5-2-1994; Ord. No. 2004-08-09-02 § 9, 8-9-2004; Ord. No. 2005-03-14-08 § 9, 3-14-2005; Ord. No. 2005-07-25-05 § 9, 7-25-2005]
A.
Any person convicted of a violation of this Chapter shall be punished
for that violation by a fine of not less than twenty-five dollars
($25.00) but not more than five hundred dollars ($500.00) or by imprisonment
of not more than ninety (90) days, or by both such fine and imprisonment.
B.
Every day that a violation continues shall be considered a separate
offense, for which the violator may be arrested, tried and convicted
without necessity of further notice.
C.
Whenever the penalty is to be fine or fine and imprisonment, the
fine shall be no less than the minimum amount set out in the following
schedule:
