This chapter shall be known and may be cited and referred to
as the Housing Code of the Village of Dresser.
The purpose of this code is to protect the health, safety and
welfare of the people of the Village by establishing minimum housing
standards and eliminating and preventing the development of slum conditions,
determining and establishing the responsibilities of owners and occupants
of residential buildings and providing for administrative enforcement
and penalties.
Certain words or terms in this chapter are defined for the purpose
hereof as follows:
(1) APPROVED — Approved shall mean approved by the Health Officer
appointed to enforce the provisions of this chapter.
(2) BASEMENT — A portion of a building located partly or wholly
underground and having 1/2 or more of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
(3) CELLAR — A portion of a building located partly underground,
but having less than 1/2 of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
(4) DWELLING — Any building or structure, or part thereof, which
is used or intended to be used for living or sleeping.
(5) DWELLING UNIT — A room or group of rooms or part thereof located
within a dwelling and forming a single habitable unit with facilities
which are used, or intended to be used, for living, sleeping and cooking.
(6) EXTERMINATION — The control or 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 or trapping, by blocking their access to a dwelling,
or by any other recognized and legal pest elimination methods approved
by the Health Officer.
(7) FIRST STORY — That story of a dwelling at or next above the
average grade of adjoining ground.
(8) GARBAGE — The animal and/or vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
(9) HABITABLE ROOM — 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 and storage spaces.
(10) INFESTATION — The presence, within or around a dwelling, or
in or near waste disposal containers, of any insects, rodents or other
pests.
(11) MULTIPLE DWELLING — Any dwelling containing more than two dwelling
units.
(12) NUISANCE — Any thing or condition set forth in ch.
10 of this Code and the following:
(a)
Whatever is dangerous to human life or detrimental to health.
(b)
Overcrowding a room with occupants.
(c)
Insufficient ventilation or illumination.
(d)
Unsanitary sewer or inadequate fixtures.
(13) OCCUPANT — Any person living, sleeping, cooking or eating in
or having possession or use of a dwelling unit.
(14) OPERATOR — Any legally responsible person who has charge, care
or control of a building, or part thereof, in which dwelling units
are leased or let.
(15) OWNER — Any legally responsible person who, alone or jointly
or severally with others:
(a)
Has legal title to any dwelling, with or without actual possession
thereof; or
(b)
Has charge, care or control of any dwelling as owner or agent
of the owner, or as personal representative, trustee or guardian of
the estate of the owner. Any such person thus representing the owner
shall be bound to comply with the provisions of this chapter to the
same extent as if he were the owner.
(16) ORDINARY MINIMUM WINTER CONDITIONS — A temperature of 15°
F. above the lowest recorded temperature for the previous ten-year
period.
(17) PLUMBING — Water pipes, mechanical garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers and clothes
washing machines, lavatories, bathtubs, shower baths, catch basins,
drains, vents and other similar supplied fixtures, including all connections
to water or sewer lines.
(18) PREMISES — Includes any part of a dwelling or building and
its land.
(19) ROOMING UNIT — 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.
(20) ROOMING HOUSE — Any dwelling, or that part of any dwelling,
containing one or more rooming units in which space is let by the
owner or operator.
(21) RUBBISH — Combustible or noncombustible waste materials, except
garbage, and the term shall include the residue from the burning of
wood, coal, coke and other combustible material, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
leaves, tin cans, metals, mineral matter, glass, crockery or dust.
(22) SUBSTANDARD BUILDING — Any building, or portion thereof, used
for human habitation which does not comply with this chapter.
(23) SUPPLIED — Paid for, arranged, furnished or provided by or
under control of the owner or operator.
No person shall occupy or let to another for occupancy any dwelling
for the purpose of living, sleeping, cooking or eating therein which
does not comply with the requirements of this chapter.
No person shall operate a rooming house or shall occupy or let
to another for occupancy any rooming unit in any rooming house, except
in compliance with the provisions of this chapter.
(1) Permit required.
(a)
No person shall operate a rooming house unless he holds a valid
rooming house permit issued by the Health Officer in the name of the
operator and for the specific dwelling or dwelling unit. The operator
shall apply to the Health Officer for such permit which shall be issued
by the Health Officer upon compliance by the operator with the applicable
provisions of this chapter and of any rules and regulations adopted
pursuant thereto. This permit shall be displayed in a conspicuous
place within the rooming house at all times. No such permit shall
be transferable. Every person holding such a permit shall give notice
in writing to the Health Officer within 24 hours after having sold,
transferred, given away or otherwise disposed of interest in or control
of any rooming house. Such notice shall include the name and address
of the person succeeding to the ownership or control of such rooming
house. Every rooming house permit shall expire at the end of one year
following its date of issuance unless sooner suspended or revoked
as hereinafter provided.
(b)
Any person whose application for permit to operate a rooming
house has been denied may request and shall be granted a hearing on
the matter before the Health Officer under the procedure provided
by sec. 19.15 of this chapter.
(c)
Whenever, upon inspection of any rooming house, the Health Officer
finds that conditions or practices exist which are in violation of
any provisions of this chapter or of any rule or regulation adopted
pursuant thereto, the Health Officer shall give notice, in writing,
to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Health Officer, the operator's rooming house permit will
be suspended. At the end of such period, the Health Officer shall
reinspect such rooming house and if he finds that such conditions
or practices have not been corrected, he shall give notice, in writing,
to the operator that the permit has been suspended. Upon receipt of
notice of suspension, the operator shall immediately cease operation
of such rooming house and no person shall occupy for sleeping or living
purposes any rooming unit therein.
(d)
Any person whose permit to operate a rooming house has been
suspended, or who has received notice from the Health Officer that
his permit is to be suspended unless existing conditions or practices
at his rooming house are corrected, may request and shall be granted
a hearing on the matter before the Health Officer under the procedure
provided by sec. 19.15 of this chapter. Provided that if no petition
for such hearing is filed within 10 days following the day on which
such permit was suspended, such permit shall be deemed to have been
automatically revoked.
(2) Bathroom requirements. At least one flush water closet, lavatory
basin and bathtub or shower, properly connected to a water and sewer
system approved by the Health Officer and in good working condition,
shall be supplied for each eight persons or fraction thereof residing
within a rooming house, including members of the operator's family
wherever they share the use of said facilities, provided that in a
rooming house where rooms are let only to males, flush urinals may
be substituted for not more than 1/2 of the required number of water
closets. All such facilities shall be so located within the building
as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities. Every lavatory basin and bathtub
or shower shall be supplied with hot water at all times.
(3) Towels and bed linen. The operator of every rooming house shall change
supplied bed linen and towels therein at least once each week and
prior to the letting of any room to any occupant. The operator shall
be responsible for the maintenance of all supplied bedding in a clean
and sanitary manner.
(4) Area requirements. Every room occupied for sleeping purposes by one
person shall contain at least 70 square feet of floor space and every
room occupied for sleeping purposes by more than one person shall
contain at least 50 square feet of floor space for each occupant thereof.
(5) Shades and drapes. Every window of every room used for sleeping shall
be supplied with shades, draw drapes or other devices or materials
which, when properly used, will afford privacy to the occupant of
the room.
(6) Safe means of egress. Every rooming unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the laws of the State and the Village.
(7) Sanitary conditions. The operator of every rooming house shall be
responsible for the sanitary maintenance of all walls, floors and
ceilings and for maintenance of a sanitary condition in every other
part of the rooming house; and shall be further responsible for the
sanitary maintenance of the entire premises where the entire structure
or building is leased or occupied by the operator.
(8) Hotel application. Every provision of this chapter which applies
to rooming houses shall also apply to hotels, except to the extent
that any such provision may be found in conflict with the laws of
this State or with the lawful regulations of any State board or agency.
No owner, operator or occupant shall cause any service, facility,
equipment or utility to be removed from or shut off from or discontinued
in any occupied dwelling unit let or occupied by him, except for such
temporary emergencies when discontinuance of service is approved by
the Department of Public Works. Upon the discontinuance of gas or
electric service for cause by a public utility company or upon discontinuance
of any municipal or other service for cause, the Health Officer shall
be notified and shall thereupon take immediate steps to have the responsible
person correct conditions leading to such discontinuance of services.
This section shall not be construed to prevent the cessation or discontinuance
of any such service upon order of the Health Officer or any other
authorized officials.
For the purpose of this chapter, the Board of Zoning Appeals
shall:
(1) Adopt rules of procedure not inconsistent with this chapter and keep
a record of all proceedings, including the vote of each member on
each case heard. No member of the Board shall take part in any hearing
or determination in which he had directly or indirectly any personal
or financial interest. Three members of the Board in attendance at
any meeting shall constitute a quorum.
(2) Interpret the intent of this chapter in specific cases where, upon
appeal, it clearly appears that, by reason of special conditions,
undue hardship would result from literal application of any section
of this chapter. Where such undue hardship is clearly demonstrated,
the Board may permit a variance from the applicable section provided
the dwelling will vary only a reasonable minimum from the literal
provision of this chapter and will comply generally with the spirit
and intent of the regulations as to sanitation, safety and rehabilitation.
Any such variance shall be permitted only by the concurring vote of
at least three members of the Board.
Any person who shall violate any provision of this chapter or
any order, rule or regulation made hereunder shall be subject to a
penalty as provided in sec. 25.04 of this Code. In any such action,
the fact that a permit was issued shall not constitute a defense,
nor shall any error, oversight or dereliction of duty on the part
of the Health Officer constitute a defense.