[Code 1969, § 15 1/2-11]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A structure, the use of which is incidental to that of the
main building, and which is attached to the main building or located
on the same premises.
Approved by the head of the Code Enforcement Agency under
the provisions of this chapter or the rules and regulations adopted
pursuant to this chapter, or approved by an authority designated by
law or by this chapter.
The portion of the building that is partly underground which
has more than 1/2 its height, measured from clear floor to ceiling
above the average finished grade of the ground adjoining the building.
An enclosed space containing one or more bathtubs, showers
or both and which may also include toilets, lavatories or fixtures
serving similar purposes.
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property. "Building" shall be construed as though followed by the
words "or part or parts thereof" unless the context clearly requires
a different meaning.
The lowermost portion of the building partly or totally underground
having half or more of its height, measured from clear floor to ceiling,
below the average finished grade of the adjoining ground.
The agency empowered to enforce this chapter.
A building containing not more than two dwelling units occupied
exclusively for residential uses. Residential uses shall include a
private garage and customary home occupations conducted in the dwelling
by the occupants such as the practice of a profession.
One or more rooms with living, cooking, sanitary and sleeping
facilities in the room or rooms, arranged for one family with whom
may reside not more than four lodgers or boarders.
Open space on the premises and vacant open space on adjacent
premises.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
any materials that may serve as their food; by poisoning, spraying,
fumigating or trapping or by any other approved means of pest elimination.
The animal, vegetable and mineral waste resulting from the
handling, preparation, cooking and consumption of food.
The natural surface of the ground or the surface of the ground
after completion of any change in contour.
The total area of all habitable space.
The space occupied by one or more persons for living, sleeping,
eating or cooking. "Habitable space" does not include kitchenettes,
bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage
spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms
and basement or cellar recreation rooms.
The head of the agency empowered to enforce this chapter.
The presence within or contiguous to a dwelling, dwelling
unit, rooming house, rooming unit or premises of insects, rodents,
vermin or other pests.
A space, 60 square feet or more in floor area with a minimum
width of five feet, used for cooking or preparation of food and deemed
habitable space.
A space less than 60 square feet in floor area used for cooking
or preparation of food and not deemed habitable space.
A building containing any of the following:
Three or more dwelling units.
Living, sanitary and sleeping facilities occupied by one or
two families and more than four lodgers residing with either of the
families.
One or more sleeping rooms, other than a one- or two-family
dwelling, used or occupied by permanent or transient paying guests
or tenants.
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
residence or rooming house in which dwelling units or rooming units
are let or offered for occupancy.
The temperature based on the average of the low temperatures
recorded in the area, either during the last 25 years or as long as
temperature records have been kept.
The owner of the freehold of the premises or lesser estate,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person in control of a building.
The pipes, fixtures and other apparatus for supplying water
for consumption or for the conveyance of waste and drainage.
Water duly approved as satisfactory and safe for drinking.
A lot, plot or parcel of land, including the buildings or
structures on the land.
A sewer operated by a public authority or public utility
and available for public use.
A building or part of a building 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.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living or sleeping but not for cooking
or eating purposes.
All combustible and noncombustible waste except garbage.
Waste from a flush toilet, bath, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
A combination of any materials, whether fixed or portable,
forming a structure, including buildings. "Structure" shall be construed
as though followed by the words "or part or parts thereof."
Facilities paid for, furnished or provided by or under the
control of the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utility system for more
than 30 consecutive days. Any tent, trailer or other structure occupied
for more than 30 consecutive days shall meet all requirements of this
chapter.
An enclosed space containing one or more toilets which may
also contain one or more lavatories, urinals and other plumbing fixtures.
The supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by an opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
[Code 1964, § 15 1/2-2]
It is found and declared that there exists in the City structures
used for human habitation which are or may become substandard with
respect to structure, equipment or maintenance and, further, that
these conditions together with inadequate provision for light and
air, insufficient protection against fire hazards, lack of proper
heating, insanitary conditions and overcrowding constitute a menace
to the health, safety, morals, welfare and reasonable comfort of its
citizens. It is further found and declared that the existence of these
conditions, factors or characteristics will, if not remedied, create
slum and blighted areas requiring large-scale clearance and, further,
that, in the absence of corrective measures, these areas will experience
a deterioration of social values, a curtailment of investment and
tax revenue and an impairment of economic values. It is further found
and declared that the establishment and maintenance of minimum housing
standards are essential to the prevention of blight and decay and
the safeguarding of public health, safety, morals and welfare.
[Code 1964, § 15 1/2-3]
The purpose of this chapter is to protect the public health,
safety, morals and welfare of the people of the City by establishing
minimum standards governing the condition, occupancy and maintenance
of dwellings, dwelling units, rooming houses, rooming units and premises;
by establishing minimum standards governing utilities, facilities
and other physical components and conditions essential to make dwellings,
dwelling units, rooming houses, rooming units and premises safe, sanitary
and fit for human habitation; by fixing certain responsibilities and
duties of owners, operators, agents and occupants of dwellings and
dwelling units, rooming houses and rooming units; by authorizing and
establishing procedures for the inspection of dwellings, dwelling
units, rooming houses and rooming units and the condemnation and vacation
of those dwellings, dwelling units, rooming houses and rooming units
unfit for human habitation and by fixing penalties for the violations
of the provisions of this chapter. This chapter is declared to be
remedial and essential to the public interest, and it is intended
that this chapter be liberally construed to effectuate the purposes
as stated in this section.
[Code 1964, § 15 1/2-5]
Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of this chapter irrespective of when the building has been constructed, altered or repaired and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of Ord. No. 570 of 1959. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in Section 2-12-7.
[Code 1964, § 15 1/2-177; Ord. No. 79, 5-19-1999]
(a)
Definition. In this section, "person" shall include the owner, occupant,
mortgagee or vendee in possession, assignee of rents, receiver, executor,
trustee, lessee, agent or any other person directly or indirectly
in control of a building or part of a building.
(b)
Penalties. Offenses under this chapter shall be designated violations.
Each day the alleged condition shall exist shall be considered a separate
violation. Any person who shall knowingly and willfully violate or
assist in the violation of this chapter shall, upon conviction, be
punished as follows:
(1)
A person convicted of violation of this part shall be punished
by a fine not exceeding $500, imprisonment for a term not exceeding
15 days or any combination thereof.
(2)
Notwithstanding the provisions of Subsection (b)(1) above, any
person who shall violate Sections 2-12-142, 2-12-145, 2-12-146, 2-12-288
or 2-12-289 shall be guilty of a violation. Upon conviction thereof,
such violation shall be punishable by a fine of not less than $500
and not more than $1,000 or imprisonment for not more than five days,
or both for each violation for the first such conviction, by a fine
of not less than $500 nor more than $1,500 or imprisonment for not
more than 10 days or both for the second such conviction within one
year of the first conviction, and by a fine of not less than $500
nor more than $2,000 or imprisonment for not more than 15 days or
both for each subsequent conviction within one year of the first conviction.
A justice of the court, and in the interest of justice, may impose
a lesser penalty or no penalty, for good cause shown or extenuating
circumstances. The justice shall place the reason for deviating from
the mandatory penalty on the record at the time of sentencing.
(3)
In any case, the court may offer community service as an alternative
or in addition to such fine or imprisonment.
(4)
In addition to the penalty provided for in Subsection (b)(1),
(2), or (3) above, any person convicted of a violation of this chapter
shall pay all expenses, including administrative costs to the City,
incurred in a removal or abatement of the illegal condition.
[Code 1964, § 15 1/2-8]
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the City or its officers or agencies relating
to the removal or demolition of any buildings deemed to be dangerous,
unsafe or insanitary.
[Code 1964, § 15 1/2-6]
If a provision of this chapter is found to be in conflict with
a provision of any zoning, building, electrical, plumbing, fire, safety
or health ordinance or any regulation adopted pursuant to those ordinances,
or any other ordinance, code or regulation of the City, the provision
which establishes the highest standard shall prevail.
[Code 1964, § 15 1/2-7]
All departments, officials and employees of the City who have the duty or the authority to issue permits or licenses for the construction, installation, repair, use or occupancy of dwellings, dwelling units, rooming houses, rooming units, equipment or facilities shall conform to the provisions of this chapter, and no permit or license shall be issued if the license or permit would be in conflict with this chapter except as provided in Section 2-12-7.
[1]
Editor's Note: Former Art. II, comprised of Sections 2-12-26 through 2-12-125, which contained provisions on administration and enforcement, and former Art. III, comprised of Sections 2-12-126 through 2-12-499, which contained minimum requirements, derived from Ch. 15½ of the 1964 Code, as amended, were repealed 5-7-2008 by Ord. No. 74. Ordinance No. 74 also renumbered former Art. IV as Art. II.
