This chapter shall be known as the "Minimum
Housing Standards Code for Residential Dwellings and Multifamily Dwellings"
and is herein referred to as the "Housing Code" or "this chapter."
The purpose of this chapter is to protect and
provide for the public health, safety and welfare in the buildings
used for dwelling purposes, as hereinafter provided, by:
A. Establishing minimum standards for basic equipment
and facilities for light, ventilation, space heating and sanitation;
for safety from fire; for space, use and location; for safe and sanitary
maintenance; and for cooking equipment in all dwellings and multifamily
dwellings now in existence;
B. Fixing the responsibilities of owners, operators and
occupants of dwellings and multifamily dwellings; and
C. Providing for administration, enforcement and penalties.
No portion of a building or premise used or
intended to be used for residential purposes, including hotels and
motels, rest homes, convalescent homes and nursing homes, shall have
been constructed, altered or repaired except as hereinafter provided.
A. Application of building code. Any alterations of buildings
or changes of use therein, which may be caused directly or indirectly
by the enforcement of this chapter, shall be done in accordance with
applicable sections of the Uniform Fire Prevention and Building Code
and any other codes or ordinances adopted by the City of Troy.
B. Application of zoning ordinance. Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter
285, Zoning, of this Code, nor the continuation of such nonconforming use in any zone, except as provided therein.
C. Conflict with other ordinances. Except as provided in Subsection
D below, 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 of Troy existing on the effective date of this chapter, the provision which established the higher standard for the promotion and protection of the safety and health of the people of the City of Troy shall prevail. In any case, where a provision of any other ordinance or code of the City of Troy existing on the effective date of this chapter establishes a lower standard for the promotion and protection of the safety and health of the people of the City of Troy, the provisions of this chapter shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
D. Existing buildings. This chapter establishes minimum
requirements for the initial and continued occupancy of all buildings
used for human habitation and does not replace or modify requirements
otherwise established for the construction, repair, alteration, or
use of buildings, equipment or facilities, except as provided in this
section.
E. Existing remedies. Nothing in this chapter shall be
deemed to abolish or impair existing remedies of the City of Troy
or its officers or agencies relating to the removal or demolition
of any building which is deemed to be dangerous, unsafe or unsanitary.
Every occupant of a dwelling unit or rooming
unit shall give the owner or operator thereof, or his/her agent or
employee, access to any part of such dwelling unit, rooming unit,
or its premises, at reasonable times, for the purpose of making such
inspections, maintenance, repairs or alterations as are necessary
to comply with the provisions of this chapter.
[Amended 8-3-1978; 4-20-1982; 5-2-1991; 11-3-1994; 2-7-2002]
A. The following rates or fees shall be charged for all
housing inspections by request: Thirty-five dollars (minimum charge)
plus $15 for each additional dwelling unit per building.
B. There shall be no charge for inspections performed
as the result of complaints, routine inspections and inspections of
buildings in City-sponsored programs.
C. There will be a $35 fee for inspection for a certificate
of occupancy or a certificate of compliance.
Dwellings or multifamily dwellings shall be
condemned as dangerous structures or unfit for human habitation, as
herein provided.
A. Dangerous structures. If all or part of any building or structure (including, among others, a fence, billboard or sign) or the equipment for the operation thereof (including, among others, the heating plant, plumbing, electric wiring, moving stairways, elevators and fire-extinguishing apparatus) shall be found, in the opinion of the Director of Code Enforcement and/or his/her designee, to be in an unsafe condition, dangerous to life, limb, or property, he/she shall proceed to have the same condemned, pursuant to the applicable provisions of the Uniform Fire Prevention and Building Code and Chapter
141, Buildings, of this Code pertaining to unsafe structures.
B. Structures unfit for human occupancy. Whenever the
Director of Code Enforcement and/or his/her designee finds that any
dwelling or multifamily dwelling constitutes a hazard to the safety,
health, or welfare of the occupants or to the public because it lacks
maintenance or is in disrepair, has unsanitary facilities or equipment,
or otherwise fails to comply with the minimum provisions of this chapter
but has not yet reached such state of complete disrepair as to be
condemned as a dangerous structure as hereinbefore provided, he/she
may declare such dwelling or multifamily dwelling as “unfit
for human habitation” and order it to be vacated.
C. If any dwelling or multifamily dwelling or any part
thereof is occupied by more occupants than permitted under this chapter
or was erected, altered or occupied contrary to this chapter, such
dwelling or multifamily dwelling shall be deemed an unlawful structure,
and the Director of Code Enforcement and/or his/her designee may cause
such dwelling or structure to be vacated. It shall be unlawful to
again occupy such dwelling or structure until it or its occupancy,
as the case may be, has been made to conform to this chapter.
[Amended 2-5-1987]
Notice of violation shall be served upon the
owner of record; provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to him/her personally
or, if not found, by leaving a copy thereof at his/her usual place
of abode with a person of suitable age and discretion, who shall be
informed of the contents thereof, or by sending a copy thereof by
mail to his/her last known address or, if the letter with the copy
is returned showing it has not been delivered to him/her, by posting
a copy thereof in a conspicuous place in or about the dwelling affected
by the notice.
A. Service of notice. Whenever the Director of Code Enforcement
and/or his/her designee determines that there has been or is a violation
or that there are reasonable grounds to believe that there has been
or is a violation of any provision of this chapter, he/she shall give
notice of such violation or alleged violation to the person or persons
responsible therefor. Such notice shall:
(2) Include a description of the real estate sufficient
for identification;
(3) Specify the violation which exists and the remedial
action required; and
(4) Allow a reasonable time for the performance of any
act it requires.
B. Prosecution of violation. In case any violation order
is not promptly complied with, the Director of Code Enforcement and/or
his/her designee may:
(1) Request the legal representative of the City to institute
an appropriate action or proceeding at law or in equity against the
person responsible for the violation, ordering him/her:
(a)
To restrain, correct or remove the violation
or refrain from any further execution of work;
(b)
To restrain or correct the erection, installation,
or alteration of such building; or
(c)
To require the removal of work in violation.
(2) Request a court of competent jurisdiction to:
(a)
Appoint a receiver for the property in violation,
to collect the rents and correct the violations; or
(b)
Enforce the penalty provisions of this chapter.
C. Penalties for offenses. Every person, firm, or corporation
who shall violate any provision of this chapter shall be guilty of
a violation and upon conviction thereof shall be punished by a fine
of not more than $1,000 or imprisonment for more than one year, or
both.
This chapter shall not affect violations of
any other ordinance, code, regulation, (except the Housing Code) of
the City of Troy existing prior to the effective date hereof, and
any such violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those ordinances,
codes, or regulations in effect at the time the violation was committed.