No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit for the
purpose of living, sleeping, cooking or eating therein which does
not comply with the following requirements:
A.
Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a water and sewer
system approved by the Housing Officer.
B.
Every dwelling unit shall contain a room which affords
privacy to a person within said room and which is equipped with a
flush water closet and a lavatory basin in good working condition
and properly connected to a water and sewer system approved by the
Housing Officer. The privacy of such room shall be maintained by means
of a system approved by the Housing Officer.
C.
Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or shower
in good working condition and properly connected to a water and sewer
system approved by the Housing Officer.
E.
Every dwelling unit shall be supplied with adequate
rubbish storage facilities, the type and location of which are approved
by the Housing Officer.
F.
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, the type and location of
which are approved by the Housing Officer.
G.
Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot-water lines required under the provisions of Subsection D hereof and are 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 or shower at a temperature of not less than 120° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 184-18F are not in operation.
H.
Every dwelling unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit for the
purpose of living therein which does not comply with the following
requirements:
A.
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be 10%
of the floor area of such room. Whenever walls or other portions of
structures face a window of any such room and such light obstruction
structures are located less than three feet from the window and extend
to a level above that of the ceiling of the room, such window shall
not be deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area. Whenever
the only window in a room is a skylight-type window in the top of
such room, the total window area of such skylight shall equal at least
15% of the total floor area of such room.
B.
Every habitable room shall have at least one window or skylight which can be easily opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Housing Officer.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilating system which is kept in continuous operation and approved by the Housing Officer.
D.
Every habitable room of such dwelling shall contain
at least two separate wall-type convenience outlets or one such convenience
outlet and one supplied ceiling-type electric light fixture; and every
water closet compartment, bathroom, laundry room, furnace room and
public hall shall contain at least one supplied ceiling- or wall-type
electric light fixture. Every such outlet and fixture shall be properly
installed, shall be maintained in good and safe working condition
and shall be connected to the source of electric power in a safe manner.
E.
Defective electrical system. Where it is found, in
the opinion of the Housing Officer, that the electrical system in
a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, improper fusing, insufficient outlets,
improper wiring or installation, deterioration or damage or for similar
reasons, said condition shall be deemed to be a violation of this
chapter and the Housing Officer shall require the defects to be corrected
to eliminate the hazard.
F.
Every dwelling shall have central heating facilities
which are properly installed, are maintained in safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least 68° F. at a distance
three feet above floor level under ordinary minimum winter conditions.
G.
Every public hall and stairway in every multiple dwelling
shall be adequately lighted at all times. Every public hall and stairway
in structures devoted solely to dwelling occupancy and containing
not more than four dwelling units may be supplied with conveniently
located light switches controlling an adequate lighting system which
may be turned on when needed instead of full-time lighting.
H.
During that portion of each year when the Housing
Officer deems it necessary for protection against mosquitoes, flies
and other insects, every door opening directly from a dwelling unit
to outdoor space shall have supplied screens and a self-closing device,
and every window or other device with openings to outdoor space, used
or intended to be used for ventilation, shall likewise be supplied
with screens.
I.
Every basement or cellar window used or intended to
be used for ventilation and every other opening to a basement which
might provide entry for rodents shall be supplied with a screen or
such other device as will effectively prevent their entrance.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling, dwelling unit, building
or other structure which does not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall
be reasonably weathertight, watertight and rodentproof; shall be capable
of affording privacy; and shall be kept in good repair.
B.
Interior surfaces. Floors, walls, including windows
and doors, ceilings and other interior surfaces shall be maintained
in good, clean and sanitary condition. Peeling paint or loose plaster,
decayed wood and other defective surface conditions shall be eliminated.
C.
Every window, exterior door and basement hatchway
shall be reasonably weathertight, watertight and rodentproof and shall
be kept in sound working condition and good repair.
D.
Every inside and outside stair and every porch and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon and shall be kept in sound condition and good repair.
E.
Every stairway of more than three steps or with a
rise in elevation of four or more feet shall have a safe, permanent,
sturdy and usable handrail located along at least one edge of the
stairway.
F.
Every plumbing fixture and water and waste pipe shall
be properly installed and maintained in good, sanitary working condition,
free from defects, leaks and obstructions.
G.
Every water closet compartment and privy floor surface
and bathroom floor surface shall be constructed and maintained so
as to be reasonably impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition.
H.
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition.
I.
No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this chapter
to be removed from or shut off from or discontinued for any occupied
dwelling let or occupied by him/her, except for such temporary interruption
as may be necessary while actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
approved by the Housing Officer.
J.
No owner shall occupy or let to any other occupant
any vacant dwelling unit unless it is clean, sanitary and fit for
human occupancy.
K.
Structural members. All supporting structural members
of all structures shall be kept structurally sound, free of deterioration
and maintained capable of safely bearing the dead and live loads imposed
or intended to be imposed upon them.
L.
Chimneys. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe, sound
and in good repair; all exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather coating material such as paint or similar surface
treatment.
M.
The owner of each multiple dwelling unit having five
or more dwelling units therein shall be required to obtain and provide
a metal trash container, normally known as a "dumpster," for the use
of said dwelling units.
[Added 4-14-1987 by Ord. No. 87-9]
[Amended 5-12-1981 by Ord. No. 81-3]
No person shall occupy or let to another for
occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
A dwelling unit consisting of a kitchen, bathroom
and living/sleeping area combination or a kitchen/living/sleeping
area combination shall be designated as an efficiency unit, and every
such dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms (excluding
kitchens, bathrooms and uninhabitable floor area), at least one room
shall be occupied for nonsleeping purposes. Such a room shall contain
at least 100 square feet of floor space.
C.
In every dwelling unit of two or more rooms:
[Amended 4-13-1999]
(1)
The first bedroom must contain at least 120 square
feet;
(2)
Any second bedroom must contain at least 100 square
feet;
(3)
Any additional bedroom(s) must each contain at least
90 square feet; and
(4)
In no case shall the total space devoted to bedrooms
provide for less than 70 square feet per occupant.
D.
At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet; and the floor
area of that part of the room where the ceiling height is less than
five feet shall not be considered as part of the floor area in computing
the total floor area of the room for the purpose of determining the
maximum permissible occupancy thereof.
E.
No cellar space shall be used as a habitable room
or dwelling unit.
F.
No basement space shall be used as a habitable room
or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2)
The total window area in each room is equal to at least the minimum window area sizes as required in § 184-18A of this chapter.
(3)
Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
G.
Prohibited use. It shall be prohibited to use for
sleeping purposes any kitchen, nonhabitable space or public space.
H.
The space requirements defined in Subsections A through D shall not apply to mobile homes. A mobile home for the purpose of this chapter shall have the same definition as that term has in the Marietta Borough Zoning Ordinance of 1971, as amended.[1] Mobile homes shall contain at least 60 square feet of
floor space for each of the first two occupants and at least 40 square
feet additional for every additional occupant thereof.
