[R.O. 2011 §507.010; Ord. No. 97-68 §1, 8-13-1997]
A.
The
purpose of this Chapter is to protect the public health, safety and
general welfare of the people in the City in non-owner occupied dwellings,
including:
1.
To protect the character and stability of residential areas.
2.
To correct and prevent housing conditions that adversely affect or
are likely to adversely affect the life, safety, general welfare and
health, including the physical, mental and social well-being of persons
occupying dwellings.
3.
To provide minimum standards for cooking, heating and sanitary equipment
necessary to health and safety.
4.
To provide minimum standards for light and ventilation necessary
to health and safety.
5.
To prevent the overcrowding of dwellings by providing minimum space
standards per occupant for each dwelling unit.
6.
To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent slums and blight.
7.
To preserve the value of land and buildings throughout the City.
B.
With
respect to rental disputes, as otherwise specifically provided by
this Chapter, it is not the intention of the City Council to intrude
upon contractual relationships between tenant and landlord. The City
Council does not intend to intervene as an advocate of either party,
nor to act as an arbiter, nor to be receptive to complaints from tenant
or landlord which are not specifically and clearly relevant to the
provisions of this Chapter. In the absence of such relevancy with
regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without the
intervention of City Government.
[R.O. 2011 §507.020; Ord. No. 97-68 §2, 8-13-1997]
It shall be unlawful for any person, firm or corporation to
conduct or operate or cause to be rented either as owner, lessee,
agent or manager of five (5) or more units within the City, any rental
units used for human habitation without having first obtained a business
license to do so as provided in this Chapter. A "unit" is a family occupancy, or a sleeping room of a facility, a boarding
house, or a dwelling. This Chapter shall not apply to hospitals, nursing
homes or other rental units used for human habitation which offer
or provide medical or nursing services or hotels, motels and dormitories
if such units are subject to other City, State or Federal licensing
or regulations concerning the safety of the users, patients or tenants,
or where owned and inspected by the City Housing Authority.
[R.O. 2011 §507.030; Ord. No. 97-68 §3, 8-13-1997; Ord. No. 2014-16 §1, 4-28-2014; Ord.
No. 2014-23 §1, 7-14-2014; Ord. No. 2014-32 §1, 8-11-2014; Ord.
No. 2014-48 §1, 11-10-2014]
A.
The following requirements shall apply to permits:
1.
No person shall rent any building or mobile home to any person
for dwelling purposes without obtaining an occupancy permit and paying
the fee required by this Section. An occupancy permit must be renewed
on a change of occupancy. For purposes of this Chapter the term "rent"
includes any sale, contract for deed, rent to own agreement or any
other arrangement in which the owner of the dwelling allows a non-owner
to occupy the dwelling in exchange for fees or services.
2.
Applications shall be made to the City Clerk. Each applicant
shall provide the name and address of this applicant. If the applicant
is a corporation, the application shall name the principal officers.
The applicant shall provide the address and apartment number, if any.
3.
The fee for such permit is shown in Section 507.080. The Inspector shall inspect each unit before a permit is issued.
4.
If the required permit fee has been paid, and the dwelling unit
to be covered by the occupancy permit has been inspected and it does
not appear that any violation of this Chapter or of any other applicable
State law or City ordinance exists, the Inspector shall issue the
occupancy permit.
5.
Effective October 1, 2014, the Code Enforcement Officer shall
keep a registry of all rental properties in the City of Trenton, and
in addition to the above requirements, each property owner who owns
rental property as described in this Chapter shall provide to the
Code Enforcement Officer his or her name, address, and address of
each rental property.
6.
Any person violating any provision of this Section shall be,
upon conviction or plea of guilty, subject to a minimum fine of one
hundred dollars ($100.00).
[R.O. 2011 §507.040; Ord. No. 97-68 §4, 8-13-1997]
With the first (1st) vacancy after August 13, 1997, the owner
of each rental shall make written application to the City Clerk for
an occupancy permit for such use on a form to be supplied by the City
and containing such information as necessary to administer and enforce
the provisions of, and to insure compliance with, the provisions of
this Chapter, and the Housing Code in its entirety. In addition, the
legal owner of record of each rental unit, as herein before stated,
constructed after August 13, 1997, shall make written application
to the City Clerk for an occupancy permit as herein provided and receive
a satisfactory rating for the property prior to any initial occupancy.
[R.O. 2011 §507.050; Ord. No. 97-68 §5, 8-13-1997]
A.
Upon
completion of the inspection of the building or buildings, if the
Inspector finds the requirements of the City Codes and Zoning Ordinance
have been met, an occupancy permit certifying such facts shall be
issued. If the Inspector finds that the requirements of the City Code
and/or Zoning Ordinance have not been met, a written denial specifying
the defects shall be transmitted to the applicant. The occupancy permit
so issued shall state that the condition of the premises and its proposed
occupation complies with all of the provisions of this Code as far
as can be determined by a visual inspection of the premises and a
review of the records.
B.
When
an occupancy permit has been denied, expired, suspended or revoked,
no further rental and occupancy of dwelling units then vacant or which
may become vacant shall be permitted until a permit has been issued.
The units within a structure which are in compliance with the Housing
Code requirements may continue to be occupied if units in other portions
of the structure which do not comply, do not create hazard to the
health and safety of the persons in the occupied units.
[R.O. 2011 §507.060; Ord. No. 97-68 §6, 8-13-1997]
After the initial inspection an occupancy permit shall be renewed
when there is a change in occupancy or upon a change of ownership.
[R.O. 2011 §507.070; Ord. No. 97-68 §7, 8-13-1997]
An occupancy permit may be suspended upon a finding by the Inspector
that one (1) or more of the requirements of the Housing Code have
been violated. The Inspector shall give written notice to the permit
holder of the violations of this Chapter. Upon failure of the permit
holder to correct the violations as stated in the notice of violation,
the occupancy permit may be revoked. The suspended occupancy permit
may be reinstated upon meeting the requirements of the Code.
[R.O. 2011 §507.080; Ord. No. 97-68 §8, 8-13-1997; Ord. No. 08-14 §1, 3-24-2008; Ord. No. 2014-27 §1, 7-14-2014; Ord. No. 2019-81, 12-9-2019]
A.
Occupancy Permit; Business License.
1.
At the time of application for the occupancy permit or for occupancy
permit renewal required by this Section, the City Clerk shall collect
the appropriate permit fee and inspection fee.
B.
The occupancy permit fee in the amount of thirty-five dollars ($35.00)
shall be tendered with the application for the issuance of an occupancy
permit and thereafter on a change of occupancy, or a change of ownership,
except for a bed-and-breakfast establishment which shall be on an
annual basis of fifty dollars ($50.00) per year with inspection to
be completed by February 15 of each year. If an occupancy permit is
denied or suspended, the permit and inspection fee is non-refundable
and a reinspection fee of ten dollars ($10.00) will be required upon
reinspection. The City Administrator shall review the fee schedule
annually and recommend changes as deemed appropriate to the City Council.
A reinspection fee of ten dollars ($10.00) will be charged for each
additional reinspection or change of occupancy inspection of rental
unit during the calendar year of January 1 to December 31.
C.
Any person who fails to obtain an occupancy permit as provided for by Chapter 507 of the City Code shall, in addition to the permit and inspection fee set forth herein, pay an additional delinquency fee of one hundred dollars ($100.00) for each and every unit for which an occupancy permit is required, and no occupancy permit shall issue for any such unit until the permit and inspection fee, the reinspection fee, if applicable, and the delinquency fees are paid.
[R.O. 2011 §507.110; Ord. No. 97-68 §11, 8-13-1997]
Every building and its premises used in whole or in part as
a rented home or rented residence, or as an accessory structure thereof,
for a single family or person, and every building used in whole or
in part as a rented home or rented residence of two (2) or more persons
or families living in separate units shall conform to the requirements
of this Chapter, irrespective of when such building may have been
constructed, altered, or repaired. This establishes minimum standards
for erected dwelling units, accessory structures and related premises.
[R.O. 2011 §507.120; Ord. No. 97-68 §12, 8-13-1997]
As used in this Chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Complying with all applicable City ordinances and City Code.
A roofed and walled structure built for use as a dwelling.
The City of Trenton, Missouri.
A building containing two (2) dwelling units.
A building, or portion thereof, designed or used predominantly
for residential occupancy of a continued nature, including single-family
dwellings, two-family dwellings, and multiple dwellings, but not including
hotels or motels.
A single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for
one (1) family. Where a private garage is structurally attached, it
shall be considered as part of the building in which the dwelling
unit is located.
Existing prior to August 13, 1997.
A person or persons related by blood, marriage or adoption,
together with his, her or their domestic servants or gratuitous guests,
all maintaining a common household in a dwelling unit; or groups of
foster care authorized by law, of not more than five (5) wards or
clients with their guardian or guardians, together with his, her or
their domestic servants or gratuitous guests, all maintaining a common
household in a dwelling unit; or a group of not more than five (5)
persons not related by blood, marriage or adoption maintaining a common
household in a dwelling unit.
A toilet bowl flushed with water with a water sealed trap.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any building or part thereof that meets minimum standards
for use as a home or place of abode by one (1) or more persons.
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, furnace rooms, unfinished basements
(those without floor covering, ceiling covering, wall finish, required
ventilation, required electric outlets and required exit facilities),
pantries, utility rooms of less than fifty (50) square feet of floor
space, foyers, communicating corridors, stairways, closets, storage
spaces, and workshops, hobby and recreation areas in parts of the
structure below ground level or in attics.
Water heated to a temperature of not less than one hundred
twenty degrees Fahrenheit (120°F) measured at faucet outlet.
The Inspector(s) of the City includes Code Enforcement, Fire,
Police or any other person as authorized by the City Council.
A space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment,
and adequate space for the storage of cooking utensils.
Whenever the words "dwelling", "dwelling
unit", "premises", or "structure" are used in this Section, they shall be construed as though they
were followed by the words "or any part thereof".
A dwelling or portion thereof containing three (3) or more
dwelling units.
Any person including owner or operator living, sleeping,
cooking and eating in a dwelling unit.
The owner or his or her agent who has charge, care, control
or management of a building, or part thereof, in which dwelling unit
or rooming units are let.
Any person, partnership, firm or corporation who alone, jointly,
or severally with others, shall be in actual possession of, or have
charge, care or control of, any dwelling or dwelling unit within the
City as owner, employee or agent of the owner, or as trustee or guardian
of the estate or person of the title holder. Any such person representing
the actual owner shall be bound to comply with the provisions of this
Section to the same extent as the owner.
The maximum number of persons permitted by State law or City
ordinance to reside in a dwelling unit or rooming unit.
An individual, firm, partnership, association, limited liability
corporation, limited liability company, corporation or joint venture
or organization of any kind.
All of the following supplied facilities and equipment in
a dwelling: Gas pipes, gas burning equipment, water pipes, steam pipes,
garbage disposal units, waste pipes, water closet sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothing-washing
machines, catch basins, drains, vents, and any other similar fixtures
and the installation thereof, together with all connections to water,
sewer and gas lines.
A platted lot or part thereof or unplatted parcel of land,
either occupied or unoccupied by any dwelling or non-dwelling structure,
including such building, accessory structure or other structure thereon.
A hall, corridor or passageway for providing egress from
the dwelling unit to a public way and not within the exclusive control
of one (1) family.
All putrescible and non-putrescible waste solids including
garbage and rubbish.
A dwelling or dwelling unit let or intended to be let for
rent or lease.
To a sound and acceptable state of operation, serviceability
or appearance.
Any place where rodents can live, nest, or seek shelter.
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
and eating purposes.
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes, such as paper, cardboard, tin cans, grass
and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery
and similar materials.
The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Any dwelling which does not conform to the minimum standards
established by the City Code.
Paid for, furnished by, provided by or under the control
of the owner, operator, or agent of a dwelling.
[R.O. 2011 §507.130; Ord. No. 97-68 §13, 8-13-1997; Ord. No. 2015-45 §1, 6-22-2015; Ord. No. 2017-41 § 1, 6-12-2017]
A.
No owner or other person shall allow a change in occupancy of any
rental dwelling, rental dwelling unit or rooming unit unless it and
the premises are clean, sanitary, fit for human occupancy, and compliant
with all applicable legal requirements of the State and the City,
including the following requirements:
1.
Nuisance. No such dwelling shall be in any of the following
conditions:
a.
The physical condition or occupancy of any premises regarded
as a public nuisance at common law;
b.
Any physical condition 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 unsafe
fences or structures;
c.
Any premises that has unsanitary sewerage or plumbing facilities;
d.
Any premises designated as unsafe for human habitation;
e.
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured so as to endanger life, limb
or property;
f.
Any premises from which the plumbing, heating or facilities
required by this 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;
g.
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
h.
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
2.
Exterior Surface.
a.
Foundation Walls. All foundation walls shall be maintained in
good repair and free from open cracks and breaks and shall be kept
in such condition so as to prevent the entry of large rodents.
b.
Exterior Walls. All exterior walls shall be free from holes,
breaks, loose or rotting materials; and maintained weatherproof and
properly surface coated where required to prevent deterioration.
3.
Light - Habitable Space. Every habitable space should have at least one (1) window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space should be eight percent (8%) of the floor area of such room unless other means of ventilation and egress are sufficient and except in kitchens where artificial light is provided in accordance with the provision of the Building Code listed in Chapter 500. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet (914 mm) 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 nor to a court and shall not be included as contributing to the required minimum total window area for the room.
4.
Ventilation.
a.
Habitable Space. Every habitable space should have at least
one (1) openable window or two (2) doors. The total openable area
of the window in every room should be equal to at least forty-five
percent (45%) of the minimum glazed area required.
b.
Bathroom And Toilet Rooms. Every bathroom and toilet room shall
comply with the ventilation requirements for habitable spaces as required,
except that a window shall not be required in spaces equipped with
a mechanical ventilation system that complies with the following:
(1)
Air exhausted by a mechanical ventilation system
from a bathroom within a dwelling unit shall be exhausted to the exterior
and shall not be recirculated to any space, including the space from
which such air is drawn.
(2)
Air exhausted by mechanical ventilation system
from all other bathrooms or toilet rooms shall be exhausted to the
exterior without recirculation to any space, or not more than eighty-five
percent (85%) of the exhaust air shall be recirculated where the system
is provided with effective absorption and filtering equipment.
5.
Occupancy Limitation.
a.
Privacy. Dwelling units, hotel units, rooming units and dormitory
units shall be arranged to provide privacy and be separate from other
adjoining spaces.
b.
Access For Sleeping Rooms. Sleeping rooms shall not constitute
the only means of access to other sleeping rooms or habitable spaces,
except where the dwelling unit contains fewer than two (2) bedrooms
and those originally designed in that manner.
c.
Area For Sleeping Purposes. Every room occupied for sleeping
purposes by one (1) occupant shall contain at least seventy (70) square
feet of floor area, and every room occupied for sleeping purposes
by more than one (1) person shall contain at least fifty (50) square
feet of floor area for each occupant thereof.
d.
Prohibited Occupancy. Kitchens, non-habitable spaces and interior
areas shall not be occupied for sleeping purposes.
6.
Required Facilities.
a.
Dwelling Units. Every dwelling unit shall contain its own bathtub
or shower, lavatory, water closet and kitchen sink which shall be
maintained in a sanitary, safe working condition. The lavatory shall
be placed in the same room as the water closet or located in close
proximity to the door leading directly into the room in which such
water closet is located.
b.
Rooming Houses. At least one (1) water closet, lavatory and
bathtub or shower shall be supplied for each four (4) rooming units.
7.
Toilet Rooms.
a.
Privacy. Toilet rooms and bathrooms shall provide privacy and
shall not constitute the only passageway to a hall or other space,
to the exterior.
b.
Location. Toilet rooms and bathrooms serving hotel units, rooming
units or dormitory units shall have access by traversing not more
than one (1) flight of stairs and shall have access from a common
hall or passageway.
8.
Plumbing Fixtures - General. All plumbing fixtures shall be
properly installed and maintained in working order and shall be kept
free from obstructions, leaks and defects and be capable of performing
the function for which such plumbing fixtures are designed. All plumbing
fixtures shall be maintained in a safe, sanitary and functional condition.
9.
Mechanical And Electrical Requirements.
a.
Responsibility. The owner of a structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with
these requirements. An owner shall not permit another person to occupy
any premises which does not comply with the requirements of this Section.
b.
Residential Buildings. Every rental dwelling shall be provided
with heating facilities capable of maintaining a room temperature
of sixty-five degrees Fahrenheit (65° F.) in all habitable rooms,
bathrooms and toilet rooms based on the outside design temperature
required for the locality by the Mechanical Code.
c.
Heat Supply. Every owner and operator of any building who rents,
leases or lets one (1) or more dwelling units, rooming units, dormitories
or guest rooms on terms, either express or implied, to furnish heat
to the occupants thereof shall supply sufficient heat during the period
from September to April to maintain the room temperature specified
in a building during the hours between 6:30 A.M. and 10:30 P.M. of
each day and not less than sixty degrees Fahrenheit (60° F.) during
other hours.
d.
Mechanical Equipment. All mechanical equipment, fireplaces and
solid-fuel-burning appliances shall be properly installed and maintained
in a safe working condition, and shall be capable of performing the
intended function unless the equipment has been properly closed off.
e.
Cooking And Heating Equipment. All cooking and heating equipment,
components and accessories in every heating, cooking and water-heating
device shall be maintained free from leaks and obstructions.
f.
Flue. All fuel-burning equipment and appliances shall be connected
to an approved chimney or vent, except for fuel-burning equipment
and appliances which are labeled for unvented operation.
g.
Clearances. All required clearances to combustible materials
shall be maintained.
h.
Electrical. Every occupied building shall be provided with an
electrical system in compliance with Code.
i.
Service. The size and usage of appliances and equipment shall
serve as a basis for determining the need for additional facilities
in accordance with the NFPA 70. Every dwelling shall be served by
a main service that is not less than sixty (60) amperes. New construction
or remodeled areas should have three-wire grounded electrical service.
j.
Electrical System Hazards. Where it is found that the electrical
system in a structure constitutes a hazard to the occupant or the
structure by reason of inadequate service, improper fusing, insufficient
outlets, improper wiring or installation, deterioration or damage,
or of similar reasons, the Code Official shall require the defects
to be corrected to eliminate the hazard.
k.
Installation. All electrical equipment, wiring and appliances
shall be properly installed and maintained in a safe and approved
manner.
l.
Receptacles. Every habitable space in a dwelling shall contain
at least two (2) separate and remote receptacle outlets. There shall
be at least one (1) ground-fault circuit interrupter protected receptacle
in every laundry area and bathroom.
(1)
Sink Receptacles. All single pole receptacles that
serve a countertop that contains a kitchen sink and those receptacles
that are located within six (6) feet of the outside edge of a kitchen,
laundry, utility or wet bar sink shall have ground-fault circuit interrupter
protection.
(2)
Bathroom Receptacles. All single-pole receptacles
installed in bathrooms, including, but not limited to, outlets located
on lights or medicine cabinets over vanities shall have ground-fault
circuit interrupter protection.
m.
Lighting. Every public hall, interior stairway, water closet
compartment, bathroom, laundry room and furnace room shall contain
at least one (1) electric lighting fixture.
10.
Means Of Egress.
a.
Responsibility. The owner of the premises shall provide and
maintain such fire safety facilities and equipment in compliance with
these requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any premises that do not comply with
the requirements of this Chapter.
b.
General. A safe, continuous and unobstructed means of egress
shall be provided from the interior of a structure to a public way.
c.
Exit Capacity. The capacity of the exits serving a floor shall
be sufficient for the occupant load thereof as determined by the currently
adopted Building Code.
d.
Number Of Exits. In non-residential buildings, every occupied
story more than six (6) stories above grade shall be provided with
not less than two (2) independent exits. In residential buildings,
every story exceeding two (2) stories above grade shall be provided
with not less than two (2) independent exits. In stories where more
than one (1) exit is required, all occupants shall have access to
at least two (2) exits. Every occupied story which is both totally
below grade and greater than two thousand (2,000) square feet shall
be provided with not less than two (2) independent exits. A single
exit is acceptable under any one of the following conditions:
(1)
Where the building is equipped throughout with
an automatic sprinkler system and an automatic fire detection system
with smoke detectors located on all corridors, lobbies and common
areas.
(2)
Where the building is equipped throughout with
an automatic fire detection system and the exit is an approved smokeproof
enclosure or pressurized stairway.
(3)
Where an existing fire escape conforming to the
currently adopted Building Code is provided in addition to the single
exit.
(4)
Where permitted by the currently adopted Building
Code.
e.
Arrangements. Exits from dwelling units, rooming units, guest
rooms and dormitory units shall not lead through other such units
or through toilet rooms or bathrooms.
f.
Exit Signs. In multifamily dwellings all means of egress shall
be indicated with approved "Exit" signs where required by the currently
adopted Building Code. All "Exit" signs shall be maintained visible
and all illuminated "Exit" signs shall be illuminated at all times
that the building is occupied.
g.
Emergency Escape. Every sleeping room located in a basement
in an occupancy in Use Group "I-1" or "R" as defined in the currently
adopted Building Code shall have at least one (1) openable window
or exterior door approved for emergency egress or rescue; but shall
have access to not less than two (2) approved independent exits, except
where the building is equipped throughout with an automatic fire suppression
system.
11.
Fire Protection Systems.
a.
General. All systems, devices and equipment to detect a fire,
actuate an alarm, or suppress or control a fire or any combination
thereof shall be properly maintained.
b.
Fire Suppression System. Fire suppression systems shall be in
proper operating conditions at all times.
(1)
Valves. Control valves shall be in the fully open
position.
(2)
Sprinklers. Sprinklers shall be clean and free
from corrosion, paint and damage. Stock shall be at least eighteen
(18) inches below sprinkler deflectors.
(3)
Piping. Piping shall be properly supported and
shall not support any other load.
c.
Fire Extinguishers. All properties governed by this Section
must contain at least one (1) five-pound fire extinguisher which is
visible, provided with ready access thereto, and maintained in an
efficient and safe operating condition. Extinguishers shall be of
an approved type.
d.
Smoke Detectors.
(1)
A minimum of one (1) approved single-station or
multiple-station smoke detector shall be installed in each guest room,
suite or sleeping area in occupancies in Use Groups "R-1" and "I-1"
as defined in the currently adopted Building Code, and in dwelling
units in the immediate vicinity of the bedrooms in occupancies in
Use Groups "R-2" and "R-3," as defined in the currently adopted Building
Code. In all residential occupancies, smoke detectors shall be required
on every story of the dwelling unit, including basements. In dwelling
units with split levels and without an intervening door between the
adjacent levels, a smoke detector installed on the upper level shall
suffice for the adjacent lower level, provided that the lower level
is less than one (1) full story below the upper level.
(2)
Installation. All detectors shall be installed
in accordance with the currently adopted Building Code. When actuated,
the smoke detectors shall provide an alarm suitable to warn the occupants
within the individual room or dwelling unit.
(3)
Power Source. The power source for smoke detectors
shall be either an AC primary power source or a lithium battery with
a functional life expectancy of ten (10) years or more with the battery
sealed within the unit that cannot be removed from the unit without
serious damage to the unit. Where a smoke detector is an AC primary
power source battery, it must have a battery back-up in the event
that power is interrupted. Mass market battery powered units, including
those powered by alkaline batteries, capable of being used in other
consumer applications or those powered by lithium batteries not sealed
within the unit do not comply with the requirements of this provision
for required alarms.
12.
Carbon Monoxide Detection. Every dwelling governed by this Section
that contains fossil-fuel-burning equipment shall be equipped with
a functional carbon monoxide alarm.
[R.O. 2011 §507.140; Ord. No. 97-68 §14, 8-13-1997; Ord. No. 2014-15 §1, 4-28-2014]
A.
The Inspector, as defined, shall enforce the provisions of this Chapter
and is hereby authorized to make inspections on a scheduled basis
or when reason exists to believe that violation of this Chapter has
been or is being committed.
B.
Inspection Access. If any owner, occupant or other
person in charge of a dwelling or a dwelling unit fails or refuses
to permit free access and entry to the structure or premises under
his/her control for any inspection pursuant to this Chapter, the Inspector
may seek a search warrant or other appropriate court order authorizing
such inspections.
C.
Inspection of all habitable rental property shall also be conducted
upon the sale or transfer of such property.
D.
In addition to the other penalties available to the City in the event
of non-compliance with this Chapter, the Inspector shall have the
power to order utilities of a non-owner-occupied dwelling disconnected
and posted for non-reconnection until compliance is made with the
provision set forth in this Chapter.
[R.O. 2011 §507.150; Ord. No. 97-68 §15, 8-13-1997]
A.
Whenever
the Inspector determines that any dwelling, dwelling unit or rooming
unit, or the premises surrounding any of these fails to meet the requirements
set forth in this Chapter, he or she shall issue a notice setting
forth the alleged failure and advising the owner, occupant, operator,
or agent that such failure must be corrected. This notice shall:
1.
Be in writing;
2.
Set forth the alleged violations of this Chapter;
3.
Describe the dwelling, dwelling unit, or rooming unit or other premises
where the violations are alleged to exist or to have been committed;
4.
Provide a reasonable time, not to exceed sixty (60) days, for the
correction of any alleged violations; and
5.
Be served on the owner, occupant, operator and/or agent of the dwelling,
dwelling unit, or rooming unit personally, or by certified mail, addressed
to the last known place of residence of the owner, operator or agent.
If upon a diligent effort to locate the owner, occupant, operator
or agent none can be found, notice may be posted on or near the building,
dwelling unit, rooming unit, or premises described in the notice.
B.
Repairs And Corrective Action. Whenever an owner, operator,
agent of a dwelling, dwelling unit or rooming unit neglects or refuses
to make repairs or take other corrective action called for by order
or notice of violation issued by a compliance official, the City may
undertake such repairs or action, when in its judgment the failure
to do so will substantially endanger the public health, safety, or
welfare. The cost of such repairs and actions shall be charged to
the person or persons required to make such repairs.
[R.O. 2011 §507.160; Ord. No. 97-68 §16, 8-13-1997; Ord. No. 2014-28 §1, 7-14-2014]
All complaints of violation shall be made to the office of City
Clerk in writing on forms provided by that office. A fee of fifteen
dollars ($15.00) is required at the time of the complaint by the person
filing the complaint. After the City Clerk has received the complaint
and fee, he or she shall then notify the Building Inspector that the
complaint has been filed. It is the owner's responsibility to
contact the Building Inspector and provide information as to the resolution
of the problem within five (5) working days of the complaint being
filed. If no resolution has been reached, the Building Inspector will
be required to make an inspection of the property and make the appropriate
citation to the owner or owner agent. If the situation is resolved
without an Inspector having to review the property, the fee of fifteen
dollars ($15.00) will be refunded. If the situation is not resolved
and warrants remediation from the Building Inspector, the fee of fifteen
dollars ($15.00) will be refunded to the complainant and the owner
shall be responsible to the City for the complaint fee in the amount
of fifteen dollars ($15.00).
[R.O. 2011 §507.170; Ord. No. 97-68 §17, 8-13-1997]
Any person aggrieved by any decision of any Inspector from the
City may appeal the decision to the Dangerous Building Board. No formalities
shall be required, but a written note or letter shall be provided
by the person making the appeal, informing the Dangerous Building
Board of the action taken by the City employee and the change requested.
[R.O. 2011 §507.180; Ord. No. 97-68 §18, 8-13-1997]
Any violation of this Chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this Chapter, the City
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this Chapter. Such
application for relief may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
