Residential and nonresidential basements, cellars, and crawl
spaces are to be free of moisture resulting from seepage, and cross
ventilation shall be maintained to prevent accumulations of moisture
and dampness.
All parts of residential and nonresidential premises shall be
maintained so as to prevent infestation and sources of infestation.
All parts of every building shall be kept in a clean and sanitary
condition free from nuisance, and free from health, safety and fire
hazards. (Residential and nonresidential unless otherwise indicated.)
A. Freedom from accumulations and obstructions. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on or in common
stairways, areaways, fire escapes, balconies, porches, hallways, basements
or cellars.
B. Floors, interior walls and ceilings. Floors shall be capable of safely
bearing imposed loads and shall be maintained at all times in a smooth,
clean condition, free from cracks, breaks and other hazards.
C. Bathroom, water closet compartment and kitchen floors.
(1) Residential. Bathrooms, water closet compartments and kitchen floors
shall be surfaced with water-resistant material and shall at all times
be kept in a dry, clean and sanitary condition, and shower room floors
shall be kept clean and sanitary.
(2) Nonresidential. Washroom and water closet compartment floors shall
be surfaced with water-resistant material and shall be kept in a dry,
clean and sanitary condition at all times. Food preparation areas
in retail stores and eating establishments shall have walls and floors
of water-resistant material which can be easily cleaned.
D. Cellar and basement floors. Floors of basements and cellars shall
be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards and free from water
seepage.
E. Supporting structural members. Supporting structural members shall
be structurally sound, free of deterioration and capable of bearing
imposed loads safely.
F. Walls and ceilings generally. Walls and ceilings shall be kept clean
and free from cracks, breaks, loose plaster and similar conditions.
Walls and ceilings shall be provided with paint, paper, sealing material
or other protective covering and shall be kept clean, free of visible
foreign matter, sanitary, and well-maintained.
G. Stairs and railings. Interior stairs of every structure shall be
structurally sound and free from defects. Handrailings or banisters
shall be provided for all stairs of more than 30 inches total rise
and for balconies, fire escapes and stairwells; and the handrails
or banisters shall be securely attached, maintained free from defects
and of sufficient height to guard against accidents and to be appropriate
for use by persons of normal height utilizing the stairway. Stairs
shall be adequately lighted in all places with control switches operable
from each story to permit safe use at night for persons ascending
or descending, except where artificial lighting for hallways and common
areaways is supplied in accordance with state law from a master control
switch.
H. Garbage containers to be supplied for each occupant. Each residential
dwelling unit containing cooking facilities shall be provided with
a watertight noncombustible container with a tight-fitting lid for
the temporary storage of rubbish, garbage and other refuse, and said
container shall remain covered at all times.
I. Garbage containers for exterior of building. Where there is an occupied
residential dwelling unit other than the one occupied by the owner,
the owner shall supply a waterproof, noncorrosive, noncombustible
container and cover at the exterior of the premises for the removal
of garbage and refuse, and garbage from the premises shall be placed
in such container, which shall remain securely covered at all times.
J. Responsibility for removal.
(1) Residential. The owner or operator shall provide for the removal of garbage wherever a janitor is required for the premises in accordance with Subsection
M of this section.
(2) Nonresidential. The owner and operator shall have the duty and responsibility
of removing garbage.
K. Accumulating refuse and nonfireproof storage prohibited.
(1) Residential. Storage bins, storage rooms and storage areas shall not be used for the accumulation of garbage or refuse, except that enclosed spaces or rooms in the interior of a dwelling which are used exclusively as garbage collection points equipped with garbage containers complying with Subsection
H of this section from which room or space containers are removed by the janitor at least once daily, shall be permitted. Inflammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by the regulations of the Fire Department, and then only in such quantities and in such fireproof storage containers as may be prescribed by such regulations.
(2) Nonresidential. Storage bins, storage rooms and storage areas shall
not be used for the accumulation of garbage or refuse. Inflammable
or combustible liquids or other materials may not be stored on the
premises unless they are of a type approved for storage by the regulations
of the Fire Department, and then only in such quantities and in such
fireproof storage containers as may be prescribed by such regulations.
L. Storage areas. In dwellings containing four or more dwelling units,
storage areas or storage bins shall be of fireproof construction and
contain fireproof walls and partitions of at least two hours rating.
Excessive accumulations of combustible materials are prohibited and
responsibility for removal thereof shall be with the owner and operator
of the premises as well as the occupant to whom such materials belong.
M. Janitorial services (residential).
(1) In every dwelling containing six or more dwelling units or rooming
units, or combination thereof, the owner or operator shall provide
or designate a superintendent, janitor, caretaker or housekeeper who
shall at all times maintain the premises in compliance with this code,
keep all common areas of the premises in good repair and in safe,
sanitary and orderly condition, keep the premises free from filth,
garbage, refuse and rubbish, and be responsible for the daily collection
of garbage and other refuse from the occupants on a regular schedule
and at a reasonable time, and the placing of same outside for collection
in accordance with the provisions of applicable ordinances and regulations. Such person shall be regularly available on the premises
to perform the foregoing duties.
(2) In any premises containing 16 or more dwelling units, rooming units
or combination thereof, the superintendent, janitor, caretaker or
housekeeper shall reside on the premises, and in any premises containing
25 or more dwelling units, rooming units or combination thereof, such
superintendent, janitor, caretaker or housekeeper shall be a full-time
employee who shall reside on the premises. The phrase "full-time employee"
as used herein shall mean an employee whose primary occupation is
performing the customary duties of a superintendent, janitor, caretaker
or housekeeper for a minimum of 35 hours per week.
(3) The superintendent, janitor, caretaker or housekeeper shall have
sufficient knowledge, competence and responsibility, and shall have
authority from the owner or operator, to attend to or arrange for
continual operation of all essential services and facilities required
under this code. Where violations arise under this code, and by reason
of same the public officer is doubtful of the qualifications, competence
and sense of responsibility of any superintendent, janitor, caretaker
or housekeeper, he shall provide notice to the owner or operator and
to the superintendent, janitor, caretaker or housekeeper and thereafter
shall hold a hearing to determine the qualifications, and competence
of such person. In the event the public officer shall find such person
is not capable or competent to perform regularly the duties required
by this code, the public officer shall order the owner or operator
to provide a suitable person to be placed in charge of and be responsible
for said premises.
(4) In the event the superintendent, janitor, caretaker or housekeeper
shall not reside on the premises, the owner or operator shall make
his name, address and telephone number known to all tenants and shall
register same with the public officer, and shall also make available
and known to all tenants and to the public officer the name of an
alternative individual who shall be responsible during the absence
of the superintendent, janitor, caretaker or housekeeper.
(5) On all premises, the owner or operator shall provide in writing to
each tenant an emergency telephone number or numbers which the tenant
may call at any time of day or night when the superintendent, janitor,
caretaker or housekeeper is not immediately available, when any emergency
respecting essential services arises. Such emergency telephone number
or numbers shall, in addition, be posted in a prominent location on
the premises and shall be filed with the Department of Building and
Code Enforcement, the Board of Health, the Police Department and the
Fire Department of the City. When there is any change in said emergency
telephone number or numbers, the owner or operator shall immediately
notify each tenant and each City department and agency above-mentioned
of said change and shall promptly amend the aforesaid posted notice.
(6) The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this code nor shall such noncompliance
or disobedience constitute a defense to a charge of violation of this
code made against any owner or operator.
(7) The words "superintendent, janitor, caretaker or housekeeper" as
used in this section shall mean a specific person and shall not be
construed to apply collectively or jointly to a husband and wife,
or to any other combination of family members or other groups of individuals,
unless some one of said persons independently and individually meets
the criteria hereinabove set forth.
(8) In lieu of the requirements set forth in Subsection
M(1) and
(2) hereof, the owner of any dwelling unit which is rented or leased to a residential tenant within a residential structure under condominium or cooperative ownership shall, with respect to each such dwelling unit, provide for janitorial services to maintain the premises in compliance with this code and to provide emergency essential services respecting such dwelling unit. The owner of each such unit shall comply with the provisions of Subsection
M(3) through
(7), inclusive.
[Added 12-14-1987 by Ord. No. 87-53]
(9) Any condominium or cooperative association having control over any common areas respecting any residential premises under condominium or cooperative ownership shall provide janitorial service to maintain the common areas of the premises in compliance with this code and to provide other emergency essential services for and within the responsibility of the condominium or cooperative association. A condominium or cooperative association may contract with a managing agent or agency to provide the aforesaid services; provided, however, that said managing agent or agency and the condominium or cooperative association comply with the requirements of Subsection
M(3) through
(7) hereof and furnish notice thereof to the owners and occupants of each dwelling unit within said premises.
[Added 12-14-1987 by Ord. No. 87-53]
N. All yards, courts, parking spaces and open areas appurtenant to dwellings
containing four or more dwelling units, and all means of ingress to
and egress from such dwellings, shall be provided, from sunset to
sunrise, with sufficient artificial light so that all such areas shall
be illuminated with an intensity of not less than 0.5 candles (lumens)
as measured at the lowest levels of all parts of such areas.
[Added 3-6-1979 by Ord. No. 79-03]
[Added 7-21-1981 by Ord. No. 81-33]
No person owning or occupying any building or property within
the City shall maintain or construct, or suffer or permit the maintenance
or construction, of any artificial lighting upon any such building
or property in such a manner as to produce glare at the exterior lot
lines of the premises or be a nuisance or an annoyance to neighboring
properties. Specifically, but not by way of limitations, the following
acts are hereby declared to constitute nuisances and annoyances and
are hereby prohibited:
A. The positioning of a floodlight or spotlight so as to directly illuminate
a neighboring building or premises.
B. The permitting of any light source to illuminate in excess of 1/2
footcandle beyond the exterior of lot lines of the premises.
C. The maintenance or construction of any exterior light fixture within
property used for residential purposes in excess of 14 feet above
ground level or within property used for commercial, industrial or
public facility purposes in excess of 18 feet above ground level.
D. The maintenance or construction of any light source in excess of
100 watts unless shielded from the sight of neighboring properties.