A.
In the interpretation and enforcement of this chapter,
all words other than the terms herein specifically defined shall have
the meanings implied by their context in this chapter or their ordinarily
accepted meanings as generally used.
B.
ACCESSORY STRUCTURE
APPROVED
BASEMENT
CELLAR
CENTRAL HEATING SYSTEM
DORMITORY
DWELLING
DWELLING PREMISES
DWELLING UNIT
FAMILY
FLOOR SPACE
GARBAGE
GUEST
HABITABLE ROOM
HOUSEHOLD
INFESTATION
LEAD PAINT
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
PLUMBING
PROPER or PROPERLY
ROOMING HOUSE
RUBBISH
SUPPLY or SUPPLIED
TEMPORARY HOUSING
TYPE A ROOMING UNIT
TYPE B ROOMING UNIT
TYPE C ROOMING UNIT
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located
on the same premises with a dwelling.
[Added 10-25-1973 by Ch. No. 1424]
As defined and specified by the Director of Zoning and Code
Enforcement in rules and regulations adopted pursuant to the provisions
of this chapter.
That story of a building or dwelling located partly underground,
but having less than half its clear floor-to-ceiling height below
the average grade of the adjoining ground, as measured from finished
floor to finished ceiling.
A portion of a building or dwelling located partly or wholly
underground and having half or more than half of its clear floor-to-ceiling
height below the average grade of the adjoining ground, as measured
from finished floor to finished ceiling.
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
[Added 10-25-1973 by Ch. No. 1424]
A room or group of rooms in a dwelling used for living and
sleeping purposes by four or more persons.
[Added 10-25-1973 by Ch. No. 1424]
Any building or part thereof which is wholly or partly used
or intended to be used for living and sleeping by one or more occupants.
A "dwelling" may include one or more dwelling units or rooming units
or a combination of both, provided that temporary housing, as hereinafter
defined, shall be regarded as a "dwelling."
[Amended 10-25-1973 by Ch. No. 1424]
The land and auxiliary buildings thereon used or intended
to be used in connection with the dwelling.
Any room or group of rooms within a dwelling, and forming
a single and separate habitable unit with facilities which are used
or intended to be used for living, sleeping and regular cooking and
eating.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
[Added 10-25-1973 by Ch. No. 1424]
The horizontally projected floor area inside of and between
exterior walls or partitions or any combination thereof, as measured
within a habitable room exclusive of that portion of the habitable
room which does not have a ceiling height of at least four feet.
All combustible refuse.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
[Added 10-25-1973 by Ch. No. 1424]
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, and excluding bathrooms,
toilet rooms or compartments, laundries, pantries, foyers or communicating
corridors, closets and storage space.
A family and/or one or more unrelated persons, including
servants and not more than two boarders, who share the same dwelling
and use some or all of its cooking and eating facilities.
[Added 10-25-1973 by Ch. No. 1424]
The presence within or around a dwelling or dwelling premises
of rodents, vermin or other pests.
Any pigmented, liquid substances applied to surfaces by brush,
roller or spray in which the total nonvolatile ingredients contain
more than 1% of lead, by weight, calculated as metallic lead.
[Added 10-25-1973 by Ch. No. 1424]
Any dwelling containing more than three dwelling units.
Any person over one year of age, living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a multiple
dwelling or rooming house in which dwelling units or rooming units
are let or offered for occupancy.
Any person who, alone, jointly, severally or jointly and
severally with others:
Includes all of the following supplied facilities, equipment
and devices: gas pipes, water pipes, toilets, lavatories, sinks, laundry
tubs, installed dishwashers, garbage disposal units, installed clothes-washing
machines, catch basins, wash basins, bathtubs, shower baths, waste
and sewer pipes, cesspools, septic tanks, drainage fields, drains,
vents, traps and any other gas-burning or water-using fixtures and
appliances, together with all connections to water, waste and sewer
or gas pipes.
As defined and specified herein or in rules and regulations
adopted pursuant hereto. When not so defined or specified, such terms
shall mean in accordance with the applicable provisions of this Code
and other ordinances of the City.
Any dwelling, including hotels, motels and boardinghouses
or part thereof, which contains one or more rooming units, and in
which space is occupied or intended to be occupied by five or more
persons who are not husband or wife, son or daughter, mother or father,
or sister or brother of the owner or operator.
All noncombustible refuse.
Paid for, furnished by or provided by the owner or operator.
Any tent, trailer, mobile home or any other structure used
for human shelter which is designed to be transportable and is not
attached to the ground, to another structure or to any utility system
on the same premises for more than 30 consecutive days.
[Added 10-25-1973 by Ch. No. 1424]
A single and separate habitable unit, consisting of not more
than two rooms within a rooming house, with facilities which are used
or intended to be used for living, sleeping, cooking and eating, but
which does not have a private toilet and either a private bathtub
or shower bath.
Any room or group of rooms which form a single and separate
habitable unit, which is used or intended to be used for living and
sleeping, but not for cooking, within a rooming house which contains
a community kitchen in which meals may be prepared by the occupants.
[Amended 7-25-1996 by Ch. No. 2420]
Any room or group of rooms which form a single and separate
habitable unit within a rooming house, used or intended to be used
for living and sleeping, but not for cooking.
A.
It is hereby found and declared that:
(1)
There exist in the City numerous dwellings and dwelling
premises which are substandard due to dilapidation, deterioration
and disrepair; structural defects; uncleanliness; lack of adequate
ventilation, light, sanitary, heating and hot water facilities; overcrowding
of dwellings; occupancy of unfit dwellings; and other conditions and
defects which increase the hazards of illness, disease, fire, accidents
and other calamities; and
(2)
These conditions, singly or in combination, endanger
the health, safety, morals and general welfare of the people of the
City and give impetus to the development, continuation, extension
and aggravation of blighted and substandard housing conditions.
B.
It is further declared that the establishment and
enforcement of minimum standards for dwellings by the City is essential
to the protection of the public health, safety, morals and general
welfare.
The purpose of this chapter shall be to:
A.
Protect the public health, safety and welfare by establishing
minimum standards governing the condition and maintenance of all dwellings
and dwelling premises.
B.
Establish minimum standards governing utilities and
facilities and other physical things and conditions essential to make
dwellings safe, sanitary and fit for human habitation.
C.
Fix certain responsibilities and duties of owners,
operators and occupants of dwellings and dwelling premises.
D.
Fix the conditions whereby certain dwellings may be
declared unfit for occupancy and condemned for human habitation.
Every portion of a building or its premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter and with all rules and regulations adopted pursuant hereto. Such compliance shall be required irrespective of when such building shall have been constructed, altered or repaired. Such compliance shall also be required irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling or for the installation or repair of dwelling equipment prior to July 8, 1963. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment, except as they may be in conflict with the provisions of this chapter, as provided by § 247-15.
A.
The Mayor shall appoint a Technical Steering Committee,
consisting of five members to serve at his or her pleasure, provided
that such members shall continue to serve until their successors shall
have been appointed. It shall be the duty of the Technical Steering
Committee to:
B.
The members of the Committee shall serve without compensation.
The Committee shall consist of a housewife, a businessperson, a representative
of labor, a banker and a member of the City Council, such City Council
member to serve on an annual rotating basis by districts, starting
with District 1 and continuing through District 6, respectively.
[Amended 7-25-1996 by Ch. No. 2420]
It shall be the responsibility of the Division
of Zoning and Code Enforcement to enforce the provisions of this chapter
and such other matters is may be appropriately assigned to it.[1]
[1]
Editor's Note: Former Sections 17-7 and 17-8
(as amended), which immediately followed this section and dealt with
personnel in the Division of Zoning and Code Enforcement and the Director,
were repealed 7-25-1996 by Ch. No. 2420.
The Director of Zoning and Code Enforcement
is authorized to make housing surveys in any area of the City to determine
the general conditions of the dwellings in that area, the extent of
deterioration, the lack of facilities and maintenance, the unsafe
and insanitary conditions, the overcrowding which may exist and other
matters included within the provisions of this chapter.
The Director of Zoning and Code Enforcement
shall annually submit a written report to the Mayor and the City Council
regarding the activities of the Division of Zoning and Code Enforcement
and the procedures used in the administration and enforcement of this
chapter, which will indicate the progress and problems experienced
in improving the sanitation, safety and rehabilitation of existing
dwellings and dwelling premises.
The Director of Zoning and Code Enforcement shall serve as the hearing officer within the Division of Zoning and Code Enforcement and as such, shall be responsible for the scheduling, conduct and recording of hearings as provided for in §§ 247-19 to 247-32, except that the Director may delegate these duties to any qualified employee of the Division.
Personnel of the Division of Zoning and Code
Enforcement shall, upon request, exhibit clear identification whenever
it shall be their duty to visit private residences, buildings or premises
for the purpose of making any survey, examination or inspection.
Whenever the Director of Zoning and Code Enforcement determines that the condition of a dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire or health provision of this Code or other City ordinance or regulation adopted pursuant thereto, or any other ordinance, code or regulation of the City governing the condition and improvement of housing which is not provided for by this chapter, or which is provided for by a higher standard of such other ordinance, code or regulation, according to § 247-15, he or she shall refer such violations to the appropriate authority.
A.
The Director of Zoning and Code Enforcement is hereby
empowered to make and to adopt such written rules and regulations
as may be necessary for the proper enforcement of the provisions of
this chapter, to interpret and to secure the intent thereof, but no
such rules and regulations shall be in conflict with the provisions
of this chapter or any other ordinance of the City or have the effect
of waiving any provisions of this chapter.
B.
Such rules and regulations shall have the same force
and effect as the provisions of this chapter, and the penalty for
a violation thereof shall be the same as the penalty for a violation
of the provisions of this chapter.
C.
Such rules and regulations shall be submitted to the
City Council. Failure of the City Council to approve, reject or modify
such rules and regulations within 90 days from the date of submission
shall be deemed to constitute approval thereof by the City Council.
Such rules and regulations, as approved by the City Council, shall
be published in a newspaper of general circulation in the City and
shall be effective 10 days after such publication.
Nothing in this chapter shall be deemed to abolish
or impair any other remedies of the City or its officers or agencies
relating to the removal or abatement of nuisances or to the removal
or demolition of any buildings which are deemed to be dangerous, unsafe
or insanitary.
Whenever the provisions of this chapter require
the construction, installation, alteration or repair of a dwelling
or of its facilities, utilities or equipment, the required work shall
be done in full compliance with the applicable provisions of the Building
Code[1] of the City, except as provided in § 247-15.
In any case where a provision of this chapter
or of any regulation adopted pursuant thereto is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or any regulation adopted pursuant thereto or any other ordinance
or code or regulation of the City, the provision which established
the higher standard for the promotion of the health and safety of
the people shall prevail.
All departments, officials and employees of the City having the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling premises, dwelling equipment or facilities shall conform to the provisions of this chapter, and no permit or license for any construction, installation, repair, use or occupancy shall be issued if the same would be in conflict with the provisions of this chapter, except as provided in § 247-15. Any permit or license issued in conflict with the provision of this chapter, except as provided in § 247-15, shall be null and void.
Nothing in this chapter shall prevent an owner,
operator or occupant from shifting the responsibility of the one to
the other, provided that the primary and final responsibility in every
case shall remain upon the person designated in this chapter.
[Amended 2-10-1994 by Ch. No. 2333]
A.
Any person who shall violate any provision of this
chapter or any provision of any rule or regulation adopted pursuant
to the authority granted by this chapter shall be punished by a fine
of not more than $500 for each offense or violation. Each day's failure
to comply with any such provision shall constitute a separate violation.
[Amended 5-24-2018 by Ch. No. 3160]
B.
The City Solicitor shall, upon complaint of the Director
of Zoning and Code Enforcement, institute injunction, abatement or
other appropriate actions or proceedings at law or in equity to restrain,
prevent, enjoin, abate, correct or remove such violations. The remedies
provided for herein shall be cumulative and not exclusive, and shall
be in addition to any other remedies provided by law.
