[HISTORY: Adopted by the City Council of the City of Galax as Ch. 4, Art. III, of the 1974 Code. Section 75-2D(4) and F amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 36.
Building maintenance — See Ch. 37.
Electrical standards — See Ch. 50.
Fire protection and prevention — See Ch. 58.
Garbage, rubbish and other waste — See Ch. 66.
Health and sanitation — See Ch. 71.
Water and sewers — See Ch. 153.
[Amended 3-26-1979]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
DWELLING
Any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating purposes, including mobile homes.
DWELLING UNIT
A room or group of rooms located within a dwelling, forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking or eating purposes.
FAMILY
A person or group of persons occupying a dwelling unit.
HEALTH OFFICER
The Health Officer of this City.
OCCUPANT
The person residing in a dwelling unit who is the responsible head of a family or, if there is no apparent head of a family, then the person or persons actually occupying such dwelling unit. The owner and "occupant" may be the same person.
OWNER
Any person, firm, corporation, association or organization holding the legal title to any dwelling or dwelling unit within the City and any personal representative, trustee, committee or guardian having charge, care or control of any such dwelling unit. In the event that any proceedings under this chapter are instituted against any of the parties so defined as "owners," or their agents, such party or parties not having complete charge, care or control of such dwelling unit may file an affidavit stating the name and address of the party or parties in charge, care or control of such dwelling unit, and the further proceedings under those sections shall be against the party or parties named in such affidavit, provided that the filling of such affidavit shall not constitute a defense to proceedings under § 75-3.
PLUMBING
All provided gas pipes and gas burning equipment, waste pipes, water pipes, water closets, sinks, lavatories, bathtubs, catch basins, drains, vents and any other provided fixtures, together with the connections to the water-, sewer and gas lines.
REASONABLE REPAIR
Shall not be limited to merely the act of correcting a structural defect or hazard, but also the act of restoring or correcting an obvious condition of deteriorating or damaged property or other lack of sound condition which is remedied by painting, replacement or other structural and substantial repairs that are necessary to prevent further deterioration and to maintain all dwellings, dwelling units and parts thereof in a sightly and safe condition in line with neighborhood improvement, community development, the well-being of the occupant and the intent of the Minimum Housing Code.
[Amended 3-26-1979]
A. 
Every dwelling unit and every part thereof shall be maintained by the owner thereof in reasonably good repair and fit for human habitation. The owner shall maintain the roof thereof in such condition that it will not leak and shall do any and all things necessary to cause rainwater to be drained and conveyed therefrom so as not to cause dampness in the walls or ceilings of such dwelling unit. All walls, floors, ceilings, attics, halls, cellars, stairs, porches, plumbing, provided heating plants (including chimneys and smoke pipes), doors, windows and foundations shall be maintained by the owner in a reasonable state of repair so as not to endanger the health or safety of the occupant.
B. 
All rooms, including the hallways, stairways, passageways, laundries and toilet rooms of each dwelling unit, shall be adequately lighted by natural light or be provided by the owner with the necessary fixtures to adequately light the same by artificial light.
C. 
Whenever any dwelling unit is vacated, the owner shall cause such premises to be placed in a condition fit for human habitation and free from infestation before renting such premises to another person. Where necessary, the owner shall repair the walls, ceilings, woodwork and plumbing within 15 days after such premises are rerented.
D. 
Plumbing.
(1) 
The owner shall provide a safe and adequate water supply under pressure for each occupied dwelling or dwelling unit and shall do any and all things necessary to maintain the plumbing in good repair and, where necessary and readily accessible, properly protect from freezing by insulation or other effective measures all water pipes which are either openly exposed or known to be easily susceptible to freezing where such repairs are deemed necessary and practicable.
(2) 
It shall further be the duty of the owner to provide in every dwelling, dwelling unit or in each of a group of dwelling units a kitchen sink, a lavatory sink, bathtub or shower facility and a water closet in good repair and working condition and properly connected to an approved water supply source and sewer system. Such lavatory sink may be in the same room as the flush water closet or, if located in another room, shall be placed in close proximity to the door leading directly into the same room in which the water closet is provided. Such bathtub or shower facility and flush water closet shall be located in a nonhabitable room which affords privacy.
(3) 
Lavatory sinks, kitchen sinks and bathtub and shower facilities herein stated shall be provided at all times with an adequate amount of heated and unheated water under pressure; heated water shall emanate from a water heater of sufficient capacity to maintain a water temperature of at least one 120° F. at each outlet served.
(4) 
If any person owning or in charge of any property within the City or its environs fails to provide for such property the sanitary facilities required therefor by this section, his tenant may do so and deduct the cost of so doing from rent payable to his landlord, and such action by the tenant shall not bar prosecution of the landlord for any violation of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
Toilet or bathroom floors shall be constructed of material impervious to water or, if constructed of wood, shall be covered with fitted linoleum or varnished so as to make the floor surface reasonably impervious to water.
F. 
It shall be the duty of the owner to provide a sanitary water closet connected to a public sanitary sewer or to a septic tank.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
Garages and outbuildings of all kinds must be painted and kept in good repair. If such buildings become unsightly, the owner shall be notified, and he shall either repair or remove such buildings within 60 days.
[Amended 3-26-1979]
A. 
Responsibilities.
(1) 
Every dwelling unit and every part thereof shall be kept reasonably clean and free from any accumulation of dirt, filth, rubbish, garbage or similar matter, by the occupant.
(2) 
In all dwelling units, it shall be the duty of the occupant to furnish suitable containers for storing rubbish, garbage and ashes on the premises, except in multifamily dwelling units where the owner has agreed to provide, or by custom and practice has heretofore provided, such containers, in which event this responsibility shall be upon the owner.
(3) 
It shall be the duty of the occupant of each dwelling unit to use reasonable means to eliminate all infestation.
(4) 
It shall be the duty of an occupant of any dwelling unit or any other person to use reasonable care and not to deposit or permit to be deposited anything in any toilet, bathtub, sink, basin or other plumbing fixture which may directly or indirectly result in or contribute to the obstruction of any sanitary sewer.
(5) 
It shall be the responsibility of the owner of any dwelling to see that the commode, sink and bathtub are kept in a workable condition.
(6) 
It shall be the responsibility of the occupant of any dwelling or dwelling unit to use reasonable care not to destroy, abuse or willfully damage any facilities or property belonging to the owner of such dwelling or dwelling unit, and where such is the case, the owner thereof shall have the right to require the replacement or repair of the property so damaged by the occupant.
B. 
However, this section shall not be construed to release the owner from the obligation to maintain the property or premises in good repair and in accordance with § 75-2C.
A. 
The owner shall provide for every habitable room in a dwelling unit a window or windows, opening directly to outside air, and the total area of such window or windows shall not be less than 6% of the floor area of such room. All window sashes shall be glazed by the owner or occupant, whichever is legally responsible for the same, and provide the same with suitable hardware and shall make the same to open to the extent of not less than 2 1/2% of the floor area of such room.
B. 
It shall be the responsibility of the occupant or tenant to see that no room in any dwelling unit shall be used for sleeping purposes unless there are at least 400 cubic feet of air space per person and 50 square feet of floor space for each person 12 years of age or older and at least 200 cubic feet of air space and 30 square feet of floor space for each child under 12 years of age. No room used for sleeping purposes shall have a floor area of less than 50 square feet.
C. 
For the purpose of this section, any child under one year of age shall not be counted and any child one year old but under eight years of age shall be deemed 1/2 person. It shall be the responsibility of the occupant or tenant to see that no room shall be used for sleeping purposes in which the occupancy shall exceed and 2 1/2 persons, except that sleeping rooms occupied by persons of the same sex or solely by children under 12 years of age shall not be considered a violation where space permits such use.
D. 
The owner, if by agreement, shall, or the tenant must, provide screens for all doors opening to the exterior of the dwelling unit, and at least one window in each habitable room shall be likewise so provided in order to effectively prevent the entrance of flies, mosquitoes and other insects. Screen doors shall open outward and be self-closing. All open basement windows shall be screened. The occupant shall be charged with the duty of maintaining the screens in a proper state of repair and shall install the provided screens not later than May 1 of each year, unless the owner shall agree to provide such service.
No occupant shall occupy a room in any basement or cellar for the purpose of living or sleeping therein unless:
A. 
The clear inner height is at least 6 1/2 feet.
B. 
The uppermost 1 1/2 of the required clear inner height is above the average ground level and the floors and walls are water- and dampproof in accordance with an approved method if in contact with earth.
A. 
The owner shall provide chimneys or flues sufficient at least to offer facilities for heating of rooms commonly used as living quarters.
B. 
Nothing contained herein shall be construed to impose an obligation upon the owner to provide fuel for heating facilities unless contracted by the owner.
[Amended 3-26-1979]
A. 
Where electricity is available, every habitable room and every other room, stairway and passageway shall be provided by the owner with fixtures which will permit adequate illumination.
B. 
Every habitable room, and nonhabitable room used for food preparation, shall have at least two convenient floor- or wall-type electrical outlets, except that a bathroom or toilet room shall have at least one wall-type electrical outlet exclusive of the central ceiling light fixture.
C. 
Convenient wall-type switches or equivalent devices, not including pull-type switches, shall be required for turning on one light in each room or passageway and shall be located so as to permit the area ahead to be lighted.
D. 
All electrical repairs, required under this section shall conform to the present standards of the applicable governing code.
E. 
Every room intended for a laundry, workshop, furnace or playroom and every inside stairway and passageway shall be provided with at least one electric outlet.
It shall be the responsibility of the owner or, if leased, of the lessee of a rooming house, lodging house or hotel to conform to the following regulations:
A. 
Every rooming house, lodging house or hotel and every part thereof shall be kept clean and free from any accumulation of dirt, filth, rubbish, garbage or similar matter and shall be kept free from and effectively protected against vermin or rodent infestation.
B. 
No room in any rooming house, lodging house or hotel shall be occupied as a sleeping room unless there is at least 400 cubic feet of air space and 50 square feet of floor space for each adult and at least 200 cubic feet of air space and 30 square feet of floor space for each child under the age of 12 years occupying such room for sleeping purposes. No room used for sleeping purposes shall have less than 50 square feet of floor space.
C. 
Each sleeping room in any rooming house, lodging house or hotel shall be adequately ventilated and shall have window space opening on a street, yard or court of not less than 6% of the floor area of such room, and windows shall be made to open to the extent of and 2 1/2% of the floor area of such room.
D. 
In every rooming house, lodging house or hotel there shall be at least one water closet for each 10 persons or fraction thereof, which water closet shall be within and accessible from within the building.
E. 
In every rooming house, lodging house or hotel there shall be provided at least one washbasin and bath for each 10 persons or fraction thereof.
F. 
In every rooming house, lodging house or hotel there shall be a water service with sink and drain within every dwelling unit containing two or more rooms where there are facilities within such dwelling unit for the preparation and cooking of food.
G. 
All plumbing, water closets and other plumbing fixtures in every rooming house, lodging house or hotel shall be maintained in good order and repair and in accordance with all requirements of state law, this Code and other ordinances of the City.
H. 
Every rooming house, lodging house or hotel shall be provided with a sufficient number of receptacles to contain all garbage, ashes and rubbish that may accumulate during the usual interval between collection thereof, and all such receptacles shall be maintained in good order and repair. Receptacles for garbage shall be made of metal, watertight and provided with tight cover.
I. 
The heating equipment in every rooming house, lodging house or hotel shall be maintained in good order and repair.
J. 
In every rooming house, lodging house or hotel the operator shall keep such adequate lights burning in the public hallways and near the public stairs as may be necessary, day or night, to prevent fire hazard or other accidents.
A. 
Whenever it shall be found by the Health Officer or the City Manager that any dwelling unit in the City does not comply with the provisions of this chapter or that the owner or occupant of any dwelling unit is violating any of the provisions of this chapter, it shall be the duty of the Health Officer or the City Manager to cause written notice to be mailed or delivered to such owner or occupant, as the case may be, directing him to comply with the provisions of this chapter.
B. 
Such notice shall specify with particularity in what respects such dwelling unit does not comply with the provisions of this chapter or in what respects such owner or occupant has violated its provisions and what should be done to remedy, abate or remove such noncompliance violation.
C. 
Any notice so mailed shall be by registered mail, return receipt requested, addressed to the last known address of such owner or occupant, and as to the owner, the address appearing on the land books of the City for the current year shall be sufficient. Any such notice so delivered may be served and return made thereon by any officer or inspector in the manner provided by law for the service of civil process.
D. 
After a period of 10 days following the mailing or delivery of the aforesaid notice, the Health Officer or the City Manager shall cause an inspection to be made of such dwelling unit, and if the conditions objected to have been removed, abated or remedied, no further action shall be taken in the matter. In the discretion of the Health Officer or the City Manager, additional time may be granted to remove, abate or remedy such condition.
E. 
At the expiration of such period of 10 days or at the expiration of the extension thereof, if extended, if the conditions objected to are not removed, abated or remedied, the Health Officer or the City Manager shall cause an additional notice to be mailed or delivered to such owner or occupant as provided in Subsection A of this section, requiring the owner or occupant of such dwelling unit to appear before him, at such time and place as may be specified in the notice, to show cause, if any he can:
(1) 
Why a summons should not be issued requiring such owner or occupant to appear before a court of competent jurisdiction to show cause why he should not be fined for violating this chapter.
(2) 
As an occupant, why he should not be required to vacate such premises.
(3) 
As an owner, why the City should not institute the necessary court proceeding to have such dwelling unit declared unfit for human occupancy and a menace to health and safety.
A. 
The Health Officer or the City Manager may, with the approval of the City Council, on written application of the owner or occupant, permit less than full compliance with any of the provisions of this chapter when, in the judgment of the Health Officer or City Manager and the Council, full or immediate compliance would operate as an undue hardship.
B. 
Whenever in this chapter the owner is required to make changes in or additions to his property, either in form or in equipment, as the property existed before the passage of this chapter and, on account of an owner's liability to obtain materials or labor due to governmental regulations or otherwise, he is unable to make or install such changes or additions, his failure to comply with the chapter shall not be a violation thereof.
C. 
Nothing in this section shall be construed so as to relieve the owners of any real estate from the obligation imposed upon them in this chapter to keep and maintain the real estate of such owner in reasonably good repair.
A. 
The provisions of this chapter shall not affect any obligation, responsibility or liability imposed by any agreement between any owner and any occupant or between any owner or any occupant and another, as between the parties to any such agreement, but no such agreement shall relieve any such owner or occupant of the respective duties, responsibilities and liabilities imposed upon them by the provisions of this chapter.
B. 
In the judgment of any court of competent jurisdiction, the failure, refusal or neglect to promptly comply with the provisions of this chapter may be deemed a nuisance and a violation of the terms of any lease or verbal rental agreement, and such failure, refusal or neglect by the occupant shall be grounds for eviction in an action by the owner, and such failure, refusal or neglect by the owner or occupant shall be grounds for the cancellation of such lease or verbal rental agreement in an action by the party not guilty of such noncompliance.
Notwithstanding any of the provisions of this chapter, whenever in the judgment of the Health Officer or the City Manager there exists upon any land or premises or in any dwelling unit any condition that constitutes such a nuisance or menace to health that it should be remedied, abated or removed immediately, the Health Officer or the City Manager may proceed to abate such nuisance or menace to health in any manner authorized by state law, this Code or other ordinance.
The purpose of the provisions of this chapter is to provide minimum standards and requirements for housing in the City, and in the event that any law or any other ordinance of the City requires higher standards or more stringent requirements than are required by this chapter, the provisions of such law or other ordinance shall prevail.