[R.O. 2007 §16-1; Ord. No. 3761 §1, 4-6-1970]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ACCESSORY STRUCTURE
A detached structure, subordinate to the main or principal
structure and located on the same lot, the use of which is customary
to the main building.
BASEMENT
A story, partly or wholly underground, where more than one-half
(½) of its height is above the established curb level and above
the average level of the adjoining ground.
BATHROOM
A room containing bathing and sanitary facilities provided
within each living unit consisting of a water closet, a tub or shower
and a lavatory; a bathroom shall afford complete privacy.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by breaks, holes, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, excessive
use of, or lack of maintenance.
DWELLING UNIT
One (1) or more rooms in a building designed for occupancy
by one (1) family for living purposes and having its own permanently
installed cooking and sanitary facilities.
EXTERMINATION
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 Health Officer.
FAMILY
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage or a group of not more than
three (3) persons (excluding servants) not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
FENCE
An independent structure forming a barrier at grade between
lots, between a lot and a street or an alley or between portions of
a lot or lots. A barrier includes a wall or latticework screen but
excludes a hedge or natural growth or a barrier less than eighteen
(18) inches in height which is used to protect plant growth. Fences
shall be classified, according to the general form of construction,
as follows:
1.
Open mesh — having more than seventy-five percent (75%)
of the vertical surface area open.
2.
Thirty percent (30%) open — having at least thirty percent
(30%) of the vertical surface area open.
3.
Opaque — having less than thirty percent (30%) of the
vertical surface area open.
GARBAGE
Putrescible animal and vegetable wastes resulting from handling,
preparation, cooking and consumption of food.
HABITABLE BUILDING
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
HABITABLE ROOM
Every room in any building in which persons sleep, eat or
carry on their usual domestic or social vocations or avocations. It
shall not include private laundries, bathrooms, toilet rooms, pantries,
storerooms, corridors, rooms for mechanical equipment for service
in the building or other similar spaces not used by persons frequently
or during extended periods.
KITCHEN
A space of not less than fifty (50) square feet which contains
a sink with counter working space, adequate space for installing cooking
and refrigeration equipment and for the storage of cooking utensils.
MULTIPLE-FAMILY DWELLING
A building or portion thereof designed or altered for occupancy
by three (3) or more families living independently of each other.
OCCUPANT
Any person (including owner or operator) living and sleeping
in a dwelling unit or having actual possession of said dwelling or
rooming unit.
OPERATOR
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
OWNER
Any person 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 and such person shall be bound to comply with
the provisions of this Chapter to the same extent as the owner.
PERSON
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine, as to partnerships or associations, the word shall
include the partners or members thereof and as to corporations, shall
include the officers, agents or members thereof who are responsible
for any violation of such Section.
PLUMBING
All of the following facilities and equipment: Gas pipes,
gas-burning equipment, water pipes, steam pipes, garbage disposal
units, waste pipes, toilets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar fixtures, together with
all connections to water, sewer or gas lines.
PROVIDED
Any material furnished, supplied, paid for or under the control
of the owner.
PUBLIC HALL
A hall, corridor or passageway for egress from a dwelling
not within the exclusive control of one (1) family.
REPAIR
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is incapable of repair.
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.
RUBBISH
Non-putrescible solid wastes (excluding ashes), consisting
of both combustible and non-combustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
STRUCTURE
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding wall. A sign, billboard or other
advertising medium, detached or projecting, shall be construed to
be a structure.
SUBSTANDARD
All buildings used for purposes of human habitation which
do not conform to the minimum standards established by this Chapter
and by any other provision of this Code or other ordinances.
SUPPLIED
Paid for, furnished or provided by or under the control of
the owner or operator.
TEMPORARY HOUSING
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 utilities system on the
same premises for more than thirty (30) consecutive days.
YARD
An open space at grade on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure.
Meaning of certain words. Whenever the words "dwelling", "dwelling unit", "rooming
house", "rooming unit", "premises" are used in this Chapter, they shall be construed as though they
were followed by the words "or any part thereof".
[R.O. 2007 §16-2; Ord. No. 3761 §2, 4-6-1970]
A. The
general purpose of this Chapter is to protect the public health, safety,
comfort, morals and the general welfare of the people of the City.
These general objectives include, among others, the following specific
purposes:
1. To protect the character and stability of residential areas within
the City.
2. To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of buildings.
3. To provide facilities for light and ventilation necessary to health
and safety.
4. To prevent additions or alterations to existing dwellings that would
be injurious to the life, health, safety or general welfare of the
occupants of such dwellings or neighboring properties.
5. To prevent the overcrowding of dwellings by providing minimum space
standards per occupant of each dwelling unit.
6. To provide minimum standards for the maintenance of existing residential
buildings and to thus prohibit the spread of slums and blight.
7. To thus preserve the taxable value of land and buildings throughout
the City.
[R.O. 2007 §16-3; Ord. No. 3761 §3, 4-6-1970]
Every building or its premises used in whole or in part as a
home or residence or as an accessory structure thereof of a single
family or person and every building used in whole or in part as a
home or residence of two (2) or more persons of families, living in
separate apartments, shall conform to the requirements of this Chapter,
irrespective of the class to which such building may otherwise belong
and irrespective of when such building may have been constructed,
altered or repaired.
[R.O. 2007 §16-4; Ord. No. 3761 §4, 4-6-1970]
A. This
Chapter establishes minimum standards for dwelling units and accessory
buildings and does not replace or modify standards otherwise established
for the construction, replacement or repair of buildings except such
as are in conflict with the provisions of this Chapter.
B. Any
inconsistency or conflict between the provisions of this Chapter and
any other provision of this Code or other existing ordinance shall
not repeal such provision or ordinance; but the provisions of this
Chapter shall be cumulative thereto.
[R.O. 2007 §16-5; Ord. No. 3761 §15, 4-6-1970]
A. Accessory
structures shall not obstruct light and air of doors and windows of
any dwelling unit or obstruct a safe means of access to any dwelling
unit or create fire and safety hazards or provide rat or vermin harborage.
Accessory structures shall be functional and shall be maintained in
a state of good repair and alignment.
B. All
exterior appurtenances or accessory structures which serve no useful
purpose and are in a deteriorated condition, which are not economically
repairable, shall be removed. Such structures include porches, terraces,
entrance platforms, garages, driveways, carports, walls, fences, miscellaneous
sheds.