[Ord. No. 63-2, § 1, 1-7-1963; Ord. of 10-4-1971, § 1]
(a)
The purpose of this article is to insure safe, sanitary and decent
housing for all residents of this City. This article has been adopted
to fulfill the City's responsibility to provide for the health,
safety and welfare of its inhabitants; and therefore this article
applies to every structure used for living purposes.
(b)
This article includes minimum standards for other things such as
electrical service, window space and ventilation, and the general
upkeep and structural condition of the dwelling.
(c)
This article also describes the responsibilities of owners and occupants
for maintaining the premises in a clean and sanitary condition, and
it defines the maximum number of people that may live in a dwelling
unit of any specific size.
(d)
Rooming houses are subject to certain additional standards, including
the issuance of rooming house permits.
(e)
All movable units used for human habitation, and the areas, grounds
or parcels on which they are located, insofar as they are applicable
thereto and not in conflict with, shall comply with the requirements
of this article.
(f)
The provisions of this article are supplemented in some instances
by the State Tenement Act, Chapter 196 of the General Statutes of
the state, and by the State Fire Safety Code adopted under Chapter
172 of the General Statutes. These state laws and regulations apply
to all dwelling structures occupied by three or more families.
(g)
Unsafe and unsanitary conditions are a prime cause of blight and
decay in residential neighborhoods. Thus, this article, together with
the City zoning regulations and applicable building, plumbing and
electrical regulations are basic elements of a comprehensive program
for protecting residential neighborhoods.
[Ord. No. 63-2, §§ 2.0-2.13, 2.15-2.20, 1-7-1963; Ord. of 10-4-1971, § 2; Ord. of 10-1-1984]
The following definitions shall apply in the interpretation
and enforcement of this article:
A portion of a building located partly underground, but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
Any room furnished with a bed or other type of furniture
suitable or used for sleeping purposes, which room is to be used or
intended for sleeping purposes.
A building arranged or used for the lodging, with or without
meals, for compensation, by more than five and not more than 20 individuals.
A portion of a building 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.
To adjudge unfit for use or occupancy.
The act of judicially condemning.
The legally designated health authority of the City, or his
authorized representative.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants. Whenever used in
this article, such word shall be construed as if followed by the words
"or any part thereof."
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating. Whenever
used in this article, such words shall be construed as if followed
by the words "or any part thereof."
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Director of Health.
An individual or married couple and the children thereof
with not more than two other persons related directly to the individual
or married couple by blood or marriage; or a group of not more than
five unrelated (excluding servants) persons, living together as a
single housekeeping unit in a dwelling unit.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets, recreation rooms, private workshops, hobby rooms
or storage spaces.
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
Any dwelling containing more than two 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 building,
or part thereof, in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this article, and of rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed clothes-washing machines,
catch basins, drains, vents and any other similar supplied fixtures,
together with all connections to water, sewer or gas lines.
A lot, plot or parcel of land including the buildings or
structures thereon.
Includes the following:
The physical condition, or use of any premises regarded as a
public nuisance at common law; or
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and/or unsafe accessory structures; or
Any premises which have unsanitary sewerage or plumbing facilities;
or
Any premises designated as unsafe for human habitation or use;
or
Any premises which is capable of being a fire hazard, or has
been damaged by fire or is unsafe so as to endanger life, limb or
property; or
Any premises from which the plumbing, heating and/or facilities
required by this or any other code have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided;
or
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an objectionable growth of weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide shelter,
and is dangerous to anyone on or near the premises.
Any dwelling, or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to four or more persons who are not husband or wife, daughter or son,
mother or father, or sister or brother of the owner or operator, provided
that hospitals, homes for the aged, and other institutions licensed
by the State Department of Health under Chapter 333 of the General
Statutes shall not be regarded as rooming houses or as subject to
the provisions of this article. Whenever such words are used in this
article, they shall be construed as if followed by the words "or any
part thereof."
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes. Whenever used in this article such words shall
be construed as if followed by the words "or any part thereof."
Combustible and noncombustible waste materials, except garbage;
and the term shall include the residue from the burning of wood, coke
and other combustible material, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery and dust.
Paid for, furnished or provided by or under the control of
the owner or operator.
The process of supplying and removing air by natural or mechanical
means to or from any space. Mechanical shall mean ventilating by power-driven
devices. Natural shall mean ventilation by opening to outer air through
windows, skylights, doors, louvers, or stacks without wind-driven
devices.
[Ord. No. 63-2, § 1, 1-7-1963]
The owner of a dwelling structure must provide such major facilities
as a kitchen sink, a complete bathroom unit, hot and cold running
water, and either central or space heating equipment of a prescribed
capacity.
[Ord. No. 63-2, § 3.0, 1-7-1963; Ord. of 10-4-1971, § 3]
All accessory structures including detached garages shall be
maintained structurally sound and in good repair.
[Ord. No. 63-2, § 16.2, 1-7-1963]
The following rules shall govern multiple-family dwellings,
apartment or tenement houses:
(1)
Each story of every building shall have at least two means of egress
from each floor level and shall be as remotely located from one another
as possible, so as to provide the best practicable means of egress
for all occupants in the event of a fire or other emergencies rendering
one exit impassable. Stairways loading from one level to another shall
be segregated at each level, with no hold open devices, having a fire-resisting
rating of at least one hour. Elevators shall not be an approved means
of egress. Exit signs shall be required showing location of approved
exits. Multiple-family buildings having more than four apartments
shall be required to have an approved emergency lighting system. Exits
on each floor shall be governed by the occupant load of all floors
above, except the topmost floor.
(2)
All multiple-family dwellings, apartments or tenement houses shall
have a storage area minimum of 40 square feet for the storage of miscellaneous
articles of the occupants and no storage other than this will be allowed.
The storage of gasoline powered equipment such as lawn mowers, snow
plowers, outboard motors or gasoline shall not be allowed within these
buildings excepting a room for the storage of this type of equipment,
necessary for mowing of lawns, removal of snow, etc., shall be provided
at grade level and access to such room shall be only from the outside.
If storage space is to be provided for automobiles, etc., with occupancies
above, such space shall be segregated from all areas of occupancies
by doors, floors, walls and ceilings having a fire-resisting rating
of not less than two hours, with adequate ventilation directly to
the outside.
(3)
There shall be no hanging of clothes within the building, except
within the individual living units.
[Ord. No. 63-2, § 13.0, 1-7-1963]
In any case where a provision of this article is found to be
in conflict with a provision of any zoning, building, fire, safety,
health or other ordinance or code of the City, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
[Ord. No. 63-2, § 1, 1-7-1963; Ord. of 10-4-1971, § 1;
Ord. of 10-1-1984]
Administration of this article is entrusted to the City Health
Department. The Director of Health and/or his authorized agents are
permitted to inspect all dwelling structures and to order any repairs
or additional facilities necessary to meet code standards. The Director
of Health and/or his authorized agents are also empowered to condemn
dwellings and/or dwelling units that are unfit for human habitation,
and to order the owner of a condemned dwelling and/or dwelling unit
to bring the structure up to code standards or to cease its use for
living purposes. Appeals from the actions of the Director of Health
may be taken to the appeal board established by this article.
[Ord. No. 63-2, § 3.0, 1-7-1963; Ord. of 10-1-1984]
The Director of Health and/or his authorized agents are hereby
authorized and directed to make inspections at any reasonable time
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the City, in order that he may perform
his duty of safeguarding the health and safety of the occupants of
dwellings and of the general public.
[Ord. of 10-1-1984[1]]
If any owner, occupant, or other person in charge of a structure
refuses, impedes, inhibits, interferes with, restricts, or obstructs
entry and access to any part of the structure or premises where inspection
is sought, the Director of Health may seek a court order that such
owner, occupant or other person in charge cease and desist with such
interference and allow entry for inspection purposes.
[1]
Editor's Note: This ordinance also repealed former Section
11-20, which pertained to the designation of substandard areas, adopted
1-7-1963 by Ord. No. 63-2.
[Ord. No. 63-2, § 15.0, 1-7-1963; Ord. of 10-1-1984]
No dwelling unit or rooming unit shall be created within an
existing structure or converted, remodeled or altered so as to create
an additional dwelling unit or rooming unit unless and until the Director
of Health has reviewed the plans and specifications for such work
and certifies that the provisions of this article will be complied
with. Such review and certification shall be a prerequisite to the
issuance by the Building or Zoning Department of any permits for such
work.
[Ord. No. 63-2, § 4.3, 1-7-1963; Ord. of 10-4-1971, § 6;
Ord. of 6-14-1982, § 1; Ord. of 10-1-1984[1]]
(a)
The Mayor, subject to the approval of a majority of the Board of Aldermen, shall appoint and establish an appeal board of five persons qualified by education and experience in the building profession who shall have the duty, responsibility and authority to decide matters referred to them pursuant to Section 11-24 of the Code of Ordinances.
(b)
The members of the board shall service without compensation and the
five members shall be appointed for terms of five years, except members
of the initially appointed board. One member of the initially appointed
board shall serve for one year, one member for two years, one member
for three years, one member for four years and one member for five
years.
[Ord. No. 63-2, § 4.1, 1-7-1963; Ord. of 10-1-1984]
Whenever the Director of Health determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this article, he shall give an order and written notice of such
alleged violation to the person or persons responsible therefor, as
hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include a description of the premises affected for purposes of identification;
(3)
Include a statement of the reasons why it is being issued;
(4)
Contain an outline of remedial action, which if taken, will effect
compliance with the provisions of this article, and with rules and
regulations adopted pursuant thereto;
(5)
Allow a reasonable time for the performance of any act it requires;
(6)
Be served upon the owner or his agent, or the occupant as the case
may require; provided that such notice and order shall be deemed to
be properly served upon such owner or agent, or upon such occupant,
if a copy thereof is sent upon him personally or if a copy thereof
is sent by registered mail to his last known address; or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or at least one publication of such order in
a local newspaper of general circulation.
[Ord. No. 63-2, §§ 4.2—4.4, 1-7.63; Ord. of 10-4-1971, §§ 5,
6; Ord. of 10-1-1984; Ord. of 3-3-2003]
(a)
The person(s) upon whom any order has been served may request, within 10 days of receipt of said notice, upon payment of a fee of $10 to the Treasurer of the City, a hearing on the matter before the appeal board created in Section 11-22. If properly filed, the request for a hearing shall be granted. If the order is withdrawn, such fee shall be returned to the petitioner; provided, however, that only one appeal shall be allowed for each original order, and does not include subsequent or reissued orders dealing with substantially the same violations.
(b)
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted;
(c)
The hearing shall be commenced not later than 60 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the board may postpone the date of the hearing for
a reasonable time beyond such sixty-day period, if, in its judgment,
the petitioner has submitted a good and sufficient reason for such
postponement, but in no event shall such hearing be postponed longer
than 60 days.
(d)
The appeal board may grant an extension or variance in accordance
with the following conditions:
(1)
The time for performance of any act required by the notice may
be extended for not more than 18 months subject to appropriate conditions
and where the board makes specific findings of fact based on evidence
relating to the particular case:
(2)
A variance may be granted in a specific case and from a specific
provision of this article subject to appropriate conditions and where
the committee makes specific findings of fact based on evidence relating
to the particular case:
a.
That there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provisions;
b.
That the effect of the application of the provisions would be
arbitrary in the specific case;
c.
That an extension would not constitute an appropriate remedy
for these practical difficulties or unnecessary hardships and this
arbitrary effect; and
d.
That such variance is in harmony with the general purpose and
intent of this article in securing the public health, safety and general
welfare.
[Ord. No. 63-2, § 4.5, 1-7-1963; Ord. of 10-1-1984]
(a)
Generally. If the notice and order provided for in Section 11-23 is sustained, modified or extended, it shall become an order as so sustained, modified or extended by the appeal board. However, if the notice and order provided for in Section 11-23 is not appealed within the specified time period, it shall remain in effect as served.
[Ord. No. 63-2, § 4.6, 1-7-1963; Ord. of 10-4-1971, § 7;
Ord. of 10-1-1984]
The proceedings at the hearings provided for in Section 11-24, including the findings and decision of the appeal board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Director of Health and open to reasonable public inspection. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Health or the appeal board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
[Ord. of 10-1-1984]
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or a notice of violation to sell,
transfer, mortgage, lease or otherwise dispose of to another until
the provisions of the compliance order or notice of violation have
been complied with, or until such owner has furnished the grantee,
transferee, mortgagee or lessee a true copy of any compliance order
or notice of violation issued by the Department of Health and has
furnished to the Department of Health a signed and notarized statement
from the grantee, transferee, mortgagee, or lessee, acknowledging
the receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
