The purposes of this article are to provide for the public health,
safety and welfare by the establishment and enforcement of minimum
housing standards to the end that all dwellings within the City of
Hometown shall be safe, sanitary, free from fire and health hazards,
fit for human habitation and beneficial to the public welfare and
shall not constitute a blighting or deteriorating influence upon the
City or any of its areas; to establish the responsibilities of owners,
operators and occupants with respect to such minimum housing standards;
to authorize the inspection of dwellings to establish compliance with
such minimum housing standards; to establish procedures for the enforcement
of such minimum housing standards; to authorize the vacation or condemnation
of dwellings not in compliance with such minimum housing standards;
and to provide penalties for the violation of such minimum housing
standards.
(A)
The requirements imposed by this article shall be in addition to
any and all other applicable requirements imposed by other ordinances
and regulations of the City of Hometown.
(B)
This article is applicable to occupancy for residential purposes
of any building, whether or not such building was erected, altered
or converted in full or substantial compliance with ordinances in
force at the time of its erection, alteration or conversion and, except
as hereinafter provided, whether or not such building was erected,
altered or converted prior to the effective date of this article.
(C)
In the event restrictions imposed by this article are either more
restrictive or less restrictive than comparable restrictions imposed
by any other provisions of any other ordinance of the City or of any
other law, resolution, rule or regulation of any kind, the laws, ordinances,
rules and regulations which are more restrictive shall be deemed to
govern.
It is hereby declared to be the intent of the City of Hometown
that the several provisions of this article are separable in accordance
with the following rules:
(A)
If any court of competent jurisdiction shall adjudge any provision
of this article to be invalid, such judgment shall not affect any
other provisions of this article.
(B)
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this article to a particular property,
building or structure, such judgment shall not affect the application
of the provision to any other property, building or structure.
For the purpose of this article, the following terms and phrases
shall have the meanings given herein:
A dwelling unit which is unoccupied for at least a ninety-day
period.
A subordinate building, structure, or use which is located on
the same lot on which the principal building or use is situated and
which is reasonably necessary and incidental to the conduct of the
primary use of such building or main use, when permitted by zoning
district regulations.[1]
An accessory use includes the following:
Patio.
A garage or building for domestic storage, as defined and regulated
by this article.
Animal shelter.
Storage of merchandise normally carried in stock on the same
lot with any retail service or business use, unless such storage is
excluded by the district regulations.
Storage of goods in or produced by manufacturing activities,
on the same lot or parcel of ground with such activities, unless such
storage is excluded by the district regulations.
Off-street motor vehicle parking areas, and loading and unloading
facilities.
Signs, as permitted and regulated in each district incorporated
in this article.
Public utility communication, electric, gas, water, and sewer
lines, their supports and incidental equipment.
Swimming and wading pools, private, for use by the residents
of the dwelling and their guests.
Where a substantial part of the wall of an accessory building
is a part of the wall of the main building or where an accessory building
is attached to the main building in a substantial manner as by a roof,
such accessory building shall be counted as part of the main building
except if used to house a motor vehicle.
Approved by the Building Commissioner pursuant to this article,
or approved by any other person or board designated by the ordinances
of the City to give approval to the matter in question.
A story having part but not more than 1/2 of its height below
grade. A basement is counted as a story for the purpose of height
regulation if subdivided and used for business or dwelling purposes
other than by a janitor employed on the premises.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels or property. When
a structure is divided into separate parts by unpierced walls extending
from the ground up, each part is deemed a separate building.
The Building Commissioner of the City of Hometown or his
authorized agent or representative.
A story having more than 1/2 of its height below grade. A
cellar is not included in computing the number of stories for the
purpose of height measurement. A cellar will not be used for habitation.
Any building, or portion thereof, which is designed or used
exclusively of and for residential purposes, but not a mobile home.
One or more rooms in a residential building or residential
portion of a building which are arranged, designed, used, or intended
for use by one family, and which includes cooking space and lawful
sanitary facilities reserved for the occupants 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 or trapping; or by any other recognized legal
pest elimination methods approved by the Health Officer.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit; or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.[2]
Any rejected or waste household food, offal, swill or carrion,
and every accumulation of animal, fruit or vegetable matter that attends
the preparation, use, cooking and dealing in, or storage of, meats,
fish, fowl, fruits or vegetables, and any other matter of any nature
which are subject to decay, putrefaction and the generation of noxious
or offensive gases or odor, or which, during or after decay, may serve
as breeding or feeding material for flies or other germ-carrying insects.
The sum of the gross horizontal areas of the several floors
of a dwelling unit measured from the exterior faces of the exterior
walls or from the center line of walls separating dwelling units.
The square footage of floor area located in a habitable room,
measured from the outside exterior wall, where the average clear ceiling
height is not less than 7 1/2 feet in at least 50% of such room;
provided, however, that floor area located where the ceiling height
is less than five feet, or located in a habitable room (other than
a kitchen) where the least horizontal dimension is less than seven
feet, shall not constitute habitable floor area.
Any room or enclosed floor space meeting the requirements
of this article and used or intended to be used for sleeping, living,
cooking or dining purposes, including utility rooms but excluding
such enclosed places as closets, pantries, bath or toilet rooms, hallways,
cellars, storage spaces, garages and similar spaces.
Water at a temperature of not less than 120° F.
A building or portion thereof, or a group of buildings, which
provides sleeping accommodations for transients on a daily or weekly
basis, whether such establishments are designated as a hotel, inn,
automobile court, motel, motor inn, motor lodge, tourist court or
otherwise.[3]
The presence within or around a dwelling or dwelling unit
of any insects, rodents or other pests.
An area used, or designed to be used, for the preparation
of food.
To give another person the right to occupy any portion of
a dwelling, dwelling unit or rooming unit. The act of "letting" shall
be deemed to be a continuing act for so long as the person given the
right to occupy the premises continues to do so. A further "letting"
by any occupant of a portion of a dwelling, dwelling unit or rooming
unit is, for purposes of this article, also a "letting" by the owner
or operator of the dwelling.[4]
A building, or portion thereof, designed for or occupied
by more than two families.
Any person living in, sleeping in, or having actual possession
of a dwelling unit or rooming unit.[5]
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of
any dwelling, 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 or equitable title to any dwelling or dwelling unit,
or the agent of said person or any person having management or control
of any dwelling or dwelling unit, including, but not limited to, a
purchaser, mortgagee, receiver or lessee in possession of any dwelling
or dwelling unit.
That portion of a front yard between a public sidewalk and
a private or public street.
Any natural person, partnership, mortgagee in possession,
bankrupt, bankrupt trustee, trust, corporation or association. Whenever
used with respect to any penalty, the term "person" as applied to
partnerships or associations shall mean the partners or members thereof,
and as applied to trusts or corporations shall mean the trustees or
officers thereof.
Gas pipes, gas-burning equipment, water-heating equipment,
water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
washing machines, catch basins, drains, vents and any similar supplied
fixtures, together with all connections to water, sewer or gas lines.
A lot, plot, or parcel of land, including the buildings and
structures thereon.
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.
Combustible and 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, tin
cans, metals, mineral matter, glass crockery, dust or any object that
is removed from the things that are presently worthless or unsuitable
for immediate purpose.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that habitable portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above.
Paid for, installed, furnished or provided by or under the
control of the owner or operator at his own expense.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling or dwelling unit which does not comply
with the following minimum standards for kitchen and bathroom equipment
and facilities:
(A)
Kitchen sink. Every dwelling unit shall contain within its walls
a kitchen sink in good working condition.
(B)
Cooking equipment. Every piece of cooking equipment which is supplied
or used by an owner, operator or occupant shall be so constructed
and installed that it will function safely and effectively, and shall
be maintained in good working condition. Portable cooking equipment
employing flame and cooking equipment using gasoline or kerosene as
fuel for cooking are prohibited; provided, however, that this subsection
shall not apply to fondue dishes, chafing dishes or other similar
portable cooking equipment.
(C)
Bathroom facilities.
(1)
Every dwelling unit shall contain within its walls a room, separate
from the habitable rooms, which shall afford privacy to any occupant
thereof and which shall be equipped with a flush water closet and
a lavatory basin in good working condition.
(2)
Every dwelling unit shall contain within its walls a room, separate
from the habitable rooms, which shall afford privacy to any occupant
thereof and which shall be equipped with a bathtub or shower in good
working condition. Such room may be the same room as required by Subsection
(C)(1) hereof.
(D)
Water, hot water, and sewer connections.
(1)
Every kitchen sink, lavatory basin and bathtub or shower required
by this article shall be properly connected with and supplied by both
hot and cold water lines. The hot water lines shall be connected with
supplied water heating facilities which are capable of heating water
to such a temperature as to permit an adequate amount of hot water
to be drawn at every required kitchen sink, lavatory basin, and bathtub
or shower even when the heating facilities required by this article
are not in operation.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following minimum standards for heat and heating equipment:
(A)
Heating equipment and capacity. Every dwelling unit shall have heating equipment which conforms to all applicable provisions of Chapter 21, Building Code, of the Municipal Code of the City of Hometown and which is capable of safely and adequately maintaining an average temperature of 70° F. in all habitable rooms, bathrooms and water closet compartments when the outdoor temperature is -10° F. without forcing the equipment to operate in excess of its design capacity. Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame, and the use of gasoline or kerosene as a fuel does not meet the requirement of this section and is prohibited.
(B)
Supply of heat. The owner or operator of any dwelling or dwelling
unit who lets such dwelling or dwelling unit under an agreement, express
or implied, to supply heat to the occupants thereof shall supply heat,
without such undue restrictions of ventilation as to interfere with
proper sanitary conditions, to provide a minimum temperature in all
habitable rooms, bathrooms and water closet compartments of 60°
F. from 6:30 a.m. to 10:30 p.m. and a minimum temperature of 65°
F. at all other times. Such temperatures shall be averaged through
the dwelling or dwelling unit.
(C)
Written notice required. Written notice of a complaint concerning
lack of heat in such dwelling or dwelling unit shall first be given
to the owner or operator by certified mail, return receipt requested,
before a violation of this section shall be deemed to exist.
(D)
Causes beyond control of owner or operator. Failure to furnish the
heat required by this section shall not constitute an offense where
it is due to a breakdown of the heating plant (unless such breakdown
has been caused by a violation of this section), nor where it is due
to strikes, to a general shortage of fuel, to any act of the occupant
who makes the complaint, or to any cause beyond the owner's or operator's
control.
(E)
Determination of average temperature. To determine if a violation
of this section has occurred, the Building Commissioner shall cause
temperature readings to be made by means of a standard Fahrenheit
thermometer in not less than two rooms, or if the unit consists of
only one room then in two opposite parts of the room at or near the
extreme as practicable, such thermometer to be placed at a point not
less than four feet nor more than six feet away from any door or window
and three feet above the floor.
(F)
Maintenance. All equipment and facilities and connecting fuel lines
required by this section shall be maintained in a good, safe and workable
condition.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following minimum standards for electrical facilities:
(A)
Electrical service, convenience outlets and fixtures. Every dwelling, dwelling unit and habitable room shall be supplied with electrical service, convenience outlets and fixtures in accordance with all applicable requirements of Chapter 21, Building Code, of the Municipal Code of Hometown.
(B)
Maintenance. All outlets, fixtures and connecting electrical lines
required by this section shall be maintained in a good, safe and workable
condition.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following minimum standards for light and ventilation:
(A)
General standards. Every dwelling, dwelling unit and habitable room shall be supplied with light and ventilation in accordance with all applicable provisions of Chapter 21, Building Code, of the Municipal Code of Hometown.
(B)
Maintenance. All facilities and equipment required by this section
for natural, artificial or mechanical lighting or ventilation shall
be maintained in a good, safe and workable condition.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following minimum standards
for space, use and location:
(A)
Basic minimum gross floor area requirements. The minimum gross floor area of dwelling units shall be as provided in Chapter 22, Zoning, of the Code of the City of Hometown.
(B)
Basic minimum floor area per occupant requirements. Every dwelling
unit shall contain at least 150 square feet of habitable floor area
for the first occupant thereof and at least 100 additional square
feet of habitable floor area for every additional occupant thereof.[1]
(C)
Location of sleeping rooms. No dwelling unit containing two or more
sleeping rooms shall have such room arrangements that access to a
bathroom or water closet compartment intended for use by occupants
of more than one sleeping room can be had only by going through another
sleeping room, nor shall room arrangements be such that access to
a sleeping room can be had only by going through another sleeping
room or a bathroom or water closet compartment.
(D)
Conditions on use of basements as habitable rooms. No basement space
shall be used as a habitable room unless it shall conform to the following
standards in addition to any other applicable standards:
(1)
The floor and walls are impervious to leakage or underground
and surface runoff water and are insulated against dampness;
(2)
The total window area in each room is equal to at least the minimum window area sizes required by Chapter 21, Building Code, of the Municipal Code of Hometown for habitable rooms;
(3)
Such required minimum window area is located entirely above
the grade of the ground adjoining such window area or faces upon an
area way or window well where the width of such well, measured perpendicularly
to the building wall at such opening, is not less than the distance
from the bottom of the window to the finished grade at such window;
and
(4)
The total of openable area in each room is equal to at least the minimum required by Chapter 21, Building Code, of the Municipal Code of the City of Hometown, except where there is supplied some other device affording adequate ventilation which has the approval of the Building Commissioner. In all cases, such space shall meet the requirements of the Fire Code adopted as set forth in § 21.21 of this chapter.[2]
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following minimum standards
for access and egress:
(A)
General standards. Every dwelling and dwelling unit shall be supplied with means of access and egress in accordance with the requirements of Chapter 21, Building Code, of the Code of the City of Hometown.
(B)
Maintenance and obstructions. All means of access and egress required
by this section shall be maintained so as to provide safe and convenient
access to and egress from the dwelling and dwelling unit which they
serve and shall be kept free from any obstruction.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following minimum standards for garbage and rubbish disposal facilities:
(A)
Facilities to be supplied. Every dwelling and dwelling unit shall be supplied with facilities for the temporary storage and disposal of garbage and rubbish as required by Chapter 15, Article 3, of the Municipal Code of Hometown.
(B)
Maintenance. The facilities required by Subsection (A) above shall
be maintained in a good, nonleaking condition, capable of being tightly
sealed, and as clean as possible.
(C)
Disposal and storage of garbage and rubbish. The disposal and storage of garbage and rubbish shall be in accordance with all applicable provisions of Chapter 15, Article 3, of the Municipal Code of Hometown; and all premises shall be kept free from any debris, object, material or condition which may create a health, accident or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood.
No person shall occupy as an owner-occupant nor let to another
for occupancy any dwelling or dwelling unit which does not comply
with the following minimum standards for the protection from insects,
rodents and pests:
(A)
Conditions conducive to infestation. Every dwelling, dwelling unit
and its premises shall be maintained free of conditions conducive
to the breeding of or infestation by rodents, insects or pests.
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the standards for identification set forth in Chapter 5, Article 5, House Numbering, of the City Code and the building code adopted by the City in accordance with Article 1 of this chapter.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following minimum standards for general maintenance:
(A)
General.
(1)
All dwellings and dwelling units and all parts thereof, both
exterior and interior, shall be maintained in good repair and shall
be capable of performing the function for which they or any feature
thereof was designed or intended to be used.
(2)
Every supplied facility, piece of equipment or utility which
is required under this article, and every chimney and smoke-pipe,
shall be so constructed and installed that it will function safely
and effectively, and shall be maintained in sound working condition.
(3)
No owner, operator or occupant shall cause any service facilities,
equipment or utility which is required under this article to be removed
from or shut off from or discontinued from any occupied dwelling or
dwelling unit let or occupied by him, except such temporary interruption
as may be necessary while actual repairs or alterations are in process,
or during temporary emergencies when discontinuance of service is
approved by the Building Commissioner.
(B)
Foundations, walls and roofs. Every foundation, exterior wall and
roof of every dwelling and every accessory structure shall be substantially
weathertight, watertight, and rodentproof; shall be capable of affording
privacy; shall be kept in sound condition and good repair; shall be
kept free of holes or breaks, and of loose or rotting boards, timbers,
bricks, stones and other structural material; and shall be safe to
use and capable of supporting the load which normal use may cause
to be placed thereon.
(C)
Exterior surfaces. All exterior surfaces of any dwelling or accessory
structure shall be reasonably capable of withstanding the effects
of the elements and decay. Any exterior surface which is deteriorated,
decaying, disintegrating, or which has weathered with dirt and grime
or which has lost its capability to reasonably withstand the effects
of the elements and decay through peeling or flaking of the paint
or other protective coating, shall be repaired, repainted or resurfaced.
(D)
Exterior repairs and maintenance to harmonize with existing exterior. Whenever repair, replacement or maintenance of exterior walls or roofs is required to comply with Subsections (B) and (C) hereof, such repair, replacement or maintenance shall be undertaken so as to match, conform and be consistent with the existing exterior, and shall comply with all applicable provisions of Chapter 21, Building Code, of the Municipal Code of Hometown.
(E)
Windows and exterior doors. Every window, window screen, exterior
door, exterior door screen, basement or cellar door, basement or cellar
door screen, and hatchway shall be substantially weathertight, watertight,
windtight, and rodentproof; shall be equipped with all appropriate
hardware; shall be capable of being easily opened unless designed
to be fixed; and shall be kept in good repair.
(F)
Floors; bathroom floors. All floors shall be substantially rodentproof;
and shall be free of holes, wide cracks, and loose, protruding, warped
or rotting floor boards which might constitute a possible accident
hazard. Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition. Where such floor surfaces exist,
they may be overlaid with carpeting designed and intended for use
in bathrooms.
(G)
Interior walls and ceilings. Every interior wall and ceiling shall
be substantially rodentproof; shall be free of holes and large cracks
and any flaking, peeling, loose or deteriorated paint, plaster, wallboard,
paneling or other material; and shall be safe to use and capable of
supporting the load which normal use may cause to be placed thereon.
No lead-based paint shall be applied to any interior wall or ceiling.
Bathroom and kitchen walls shall have waterproof surfaces where necessary
to prevent water damage.
(H)
Stairways and porches. Every inside and outside stairway and porch
and every appurtenance thereto shall be maintained in a good state
of repair and free from rotting, loose or deteriorating supports,
rails, floors, and stairs so as to be safe to use and capable of supporting
the loads that normal use may cause to be placed thereon.
(I)
Accessory structures. All garages, tool sheds and all other accessory
structures shall be kept in good repair so as not to be unsafe or
become a harbor for rats and other rodents. Fences and roadside mailboxes
shall be maintained in good repair, solid and in the same condition
required for other exterior surfaces. Television antennas shall be
firmly and securely fastened to the dwelling and shall be maintained
in good repair.
(J)
Accumulation of debris. The interior areas of dwellings and dwelling
units, including basements, attics and other storage areas, and the
premises and accessory buildings associated therewith, shall be maintained
free of any debris, object, material or condition which does or may
create a hazard to the health or safety of persons, is conducive to
infestation, presents a fire hazard or constitutes a blighting or
deteriorating influence on the neighborhood.
(K)
Vegetation. No premises shall contain uncontrolled growth of vegetation in violation of Chapter 5, Article 3, and Chapter 18, Article 3, of the Municipal Code of Hometown, and all trees, hedges and other plantings shall be kept trimmed so as to avoid interference with persons or vehicles passing on public ways, easements or adjoining private property.
(L)
Driveways and walkways. Cement or asphalt driveways, walkways and
parking areas shall be maintained free of loose or broken material
and cracks shall be repaired as necessary to avoid safety hazards.
Stone driveways, walkways and parking areas shall be maintained in
forms designed to prevent the spread of gravel to public ways, easements
and adjoining private property.
(M)
Gutters and downspouts. All gutters and downspouts shall be securely
and firmly fastened to the dwelling, shall be maintained free of debris
which might prevent their proper functioning and shall not be allowed
to discharge in a manner which might create unnecessary erosion.
Every owner or operator of a dwelling or dwelling unit shall:
(A)
Compliance with duties: comply with all duties imposed on him by
this article.
(B)
Shared area and facilities: maintain in a clean, sanitary and safe
condition the shared or public areas of the dwelling and premises,
including parkways, and maintain and repair any equipment or facilities
which said owner or operator supplied or is required by this article
to supply.
(C)
Extermination: exterminate any insects, rodents or other pests in
any dwelling unit if infestation is caused by the failure of the owner
or operator to maintain the dwelling in a rodentproof or reasonably
insectproof condition, and exterminate such pests in any dwelling
unit in the dwelling, regardless of the cause of infestation, if infestation
exists in two or more of the dwelling units in the dwelling or in
the shared or public areas of any dwelling containing two or more
family units.
(D)
Garbage and rubbish disposal: supply and maintain facilities for the temporary storage and disposal of garbage and rubbish as required by Chapter 15, Article 3, of the Municipal Code of Hometown and provide for the collection of garbage and rubbish from the premises in the manner provided therein. The provisions of this subsection shall not be applicable to non-occupant owners of dwellings containing fewer than three dwelling units.
(E)
Janitorial service: provide a janitor as found necessary by the Building
Commissioner. This subsection shall not apply to dwellings containing
fewer than seven dwelling units, to dwellings having a resident owner
or operator, to cooperative apartment units, nor to condominium apartment
units.
(F)
Notice of maximum occupancy: advise the occupant of every dwelling
and dwelling unit, in writing, either by insertion in the lease between
the parties or otherwise, of the maximum number of occupants permitted
in the occupied premises under this article.
Every occupant of a dwelling or dwelling unit shall:
(A)
Compliance with duties: comply with all duties imposed on him by
this article.
(B)
Maintenance: maintain in a clean and sanitary condition that part
of the dwelling, dwelling unit and premises which he occupies and
controls and be responsible for his own misuse of areas and facilities
available in common.
(C)
Supplied facilities and equipment: keep all supplied facilities,
including plumbing fixtures and cooking and refrigeration equipment,
in a clean and sanitary condition and exercise reasonable care in
their proper use and operation.
(D)
Garbage and rubbish disposal: dispose of all garbage and rubbish
in a clean and sanitary manner by placing it in approved storage or
disposal facilities which are safe and sanitary. Every occupant shall
provide such facilities for and within his dwelling unit and shall
maintain them in a clean and sanitary manner. Every non-owner occupant
of a dwelling containing fewer than three dwelling units in which
the owner does not reside shall be responsible for the duties imposed
by § 21.215(D) as to his dwelling unit.
(E)
Extermination: be responsible for the extermination of insects, rodents and pests in his dwelling unit, except when the owner or operator is responsible under § 21.215(C).
(F)
Accumulation of debris and storage of goods: not place on the premises
any material which causes a fire hazard, otherwise endangers the life,
health or safety of any occupant of such dwelling or constitutes a
blighting or deteriorating influence on the premises or neighborhood,
nor place in storage on the premises any furniture, equipment or material
which harbors insects, rodents or other pests or is conducive to infestation.
(G)
Occupancy: not permit any dwelling unit let by him to be occupied
so that any occupancy resulting therefrom violates any of the provisions
of this article.
(A)
General responsibilities. Every owner or operator of a hotel or motel shall have the same responsibilities as those imposed by § 21.215, except that where greater responsibilities are imposed by this section, this section shall control.
(B)
Additional responsibilities. The owner and/or operator of every hotel or motel shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every part of the hotel or motel. He shall further be responsible for the extermination of any insects, rodents or other pests wherever found in the hotel or motel. He shall further be responsible for the sanitary maintenance and extermination of the entire premises where the entire structure or building is leased or occupied by him. He shall further be responsible for the disposal of all garbage and rubbish by supplying each rooming unit with facilities for storage and disposal of garbage and rubbish and by providing for the general garbage and rubbish storage, disposal and collection needs of the hotel or motel in accordance with the requirements of Chapter 15 of the Municipal Code of Hometown.
A contract effective as between the owner and operator or operator
and occupant or owner and occupant with regard to compliance hereunder
shall not relieve any party of his direct responsibility under this
article.
The Building Commissioner is authorized to adopt such written rules and regulations as may be necessary for the proper interpretation and enforcement of this article so far as it pertains to the building regulations, Chapter 21, Building Code, and Chapter 22, Zoning, of the City and the Health Officer so far as it pertains to the health regulations, Chapter 15 of the Municipal Code of Hometown. Such rules and regulations shall not conflict with or waive any provisions of this article or any other ordinance of the City of Hometown. Such rules and regulations shall be submitted to the City Council for approval and no such rule or regulation shall be effective without such approval. Such rules and regulations, upon approval of the City Council, shall be kept on file with the Building Commissioner and Health Officer for public examination. Such rules and regulations shall have the force and effect of this article and shall continue in effect until revoked by the Building Commissioner and Health Officer, with the approval of the City Council.
(A)
Inspections authorized. The Building Commissioner and Health Officer
may make regular inspections to determine the condition of buildings,
dwellings, dwelling units, rooming units and premises located within
the City for the purpose of safeguarding the health and safety of
all occupants and of the general public. The Building Commissioner
and Health Officer may make such inspections whenever they shall deem
such an inspection necessary; provided, however, that such inspections
must be made at reasonable times and upon reasonable notice to, and
with the consent of, the owner or operator and the occupant, except
when an existing emergency requires immediate action.
(B)
Legal process not required. Except where the owner or operator or
occupant refuses entry, an order of court, subpoena or other legal
process shall not be necessary to any entry, examination or survey
in connection with the inspections authorized by this section. No
entries shall be forced. In-view violations may be processed without
entry.
(C)
Inspection upon warrant. Whenever the Building Commissioner or Health
Officer or his delegate, after presentation of proper credentials
and request for entry to inspect, is refused access to any building,
dwelling, dwelling unit or rooming unit, the Building Commissioner
or Health Officer is authorized to petition any judge for the issuance
of a search warrant authorizing the inspection of such building, dwelling,
dwelling unit or rooming unit for the purpose of making such inspections
as shall be necessary to the enforcement of the provisions of this
article.
(D)
Owner's right of entry. Every occupant of a building, dwelling, dwelling
unit or rooming unit shall give the owner thereof, or his agent or
employee, access to any part of such building, dwelling, dwelling
unit or rooming unit, or its premises, for the purpose of making such
repairs or alterations as are necessary to effect compliance with
the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article. Entry pursuant to this subsection shall be made only at reasonable
times and after reasonable notice to the occupant unless an existing
emergency requires immediate action.
(A)
Notice required. Whenever in the opinion of the Building Commissioner
or Health Officer any violation of the provisions of this article
is found to exist, he shall, within 10 days after discovery thereof,
serve written notice of such alleged violation upon the owner, operator
or occupant responsible therefor.
(B)
Method of service. Notice shall be given either by personal service
or by mailing a copy thereof to the alleged violator by certified
mail, return receipt requested, at his last known address or, in the
event neither of these is effective to actually notify the alleged
violator, by posting a copy thereof in a conspicuous place in or about
the building containing the alleged violation.
(C)
Required contents. Such notice may include more than one alleged
violation; shall demand compliance with this article; and shall specify
a period of time for compliance, which shall be such time as, in the
opinion of the Building Commissioner or Health Officer, is reasonably
required to effect changes necessary for compliance.
(D)
Permissible contents. Such notice may contain an outline of remedial
action which if taken will effect compliance with the provisions of
this article and with any rules and regulations adopted pursuant thereto.
If any alleged violation, of which notice has been given in conformity with § 21.221, is not corrected or eliminated within the time specified in such notice, then:
(A)
Violator subject to penalty. The responsible owner, operator or occupant shall be subject to the general penalty provisions provided for in § 21.200 of this chapter.
(B)
Designation of dwelling as unfit for human habitation. The dwelling, dwelling unit or rooming unit shall be designated as unfit for human habitation in accordance with the procedures established by § 21.223.
(C)
Designation of dwelling as dangerous and a public nuisance. Where the alleged violations are of such a nature or extent that, in the opinion of the Building Commissioner or Health Officer, they render the building, dwelling, dwelling unit, rooming unit, or any part thereof, unsafe and dangerous to the life, safety, morals or the general health and welfare of the occupants or the residents of the City, or where the building, dwelling, dwelling unit, rooming unit, or part thereof, is uncompleted or has been abandoned, the Building Commissioner or Health Officer shall declare and designate the building, dwelling, dwelling unit, rooming unit, or part thereof, as dangerous and a public nuisance in accordance with the procedures of § 21.225.
(D)
The Health Officer may provide for the removal of garbage and debris from private property when the owner of such property, after notice pursuant to § 21.221, refuses or neglects to remove such garbage and debris, and may collect from such owner the reasonable cost thereof. This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred the City Clerk, in the name of the City, files notice of lien in the office of the Recorder of Deeds or the office of the Registrar of Titles of such county if the real estate affected is registered under the Torrens system. The notice of lien shall consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for the service, and (3) the date or dates when such cost and expense was incurred by the City. However, the lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the City and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced within two years after the date of filing the notice of lien.
(E)
Exception. No person acting as managing agent or collector of rents
of any property involved in any proceeding because of violations or
alleged violations of the provisions of this article shall be liable
therefor if such person shall, within five days after receipt of notice
of any alleged violation or of summons, have notified the owner or
owners of the property, or the employer of such person, of the purported
violation or violations of any provision or provisions of this article
in writing, by certified mail, return receipt requested, and shall
have delivered to the Building Commissioner or Health Officer, whoever
has sent the notice, a copy of such notice, with proof of service
thereof on the owner or owners or the employer of such person.
Whenever any dwelling, dwelling unit or rooming unit is subject
to designation as unfit for human habitation under the provisions
of § 21.222(B), the Building Commissioner shall carry out
such designation in compliance with the following procedures:
(A)
Notice and placarding. The Building Commissioner shall serve notice
of the dwelling, dwelling unit or rooming unit as unfit for human
habitation upon the owner, operator and occupant thereof. Service
shall be by certified mail, return receipt requested, and by posting
of a placard at each entrance of the affected dwelling, dwelling unit
or rooming unit.
(B)
Contents. The notices and placards required by Subsection (A) hereof shall state that the affected dwelling, dwelling unit or rooming unit is, by such notice or placard, declared to be unfit for human habitation in accordance with the provisions of this article; shall state the specific uncorrected violations of this article leading to such designation and the person or persons responsible for the correction thereof; and shall order the affected dwelling, dwelling unit or rooming unit to be vacated within a specific reasonable period of time as determined by the Building Commissioner, which may be immediately where conditions exist presenting immediate hazards to human life, health or safety. Such notices and placards shall further state the right of any aggrieved person to file an appeal pursuant to § 21.230 of this article within 30 days of the date of the receipt of such notice.
(A)
Vacation required. Any dwelling, dwelling unit or rooming unit designated as unfit for human habitation shall be vacated within the time specified by the Building Commissioner pursuant to the provisions of § 21.223 of this article.
(B)
Conditions for resumption of human habitation. No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation in accordance with § 21.223 of this article shall again be used for human habitation until written approval is secured from, and the placard so designating it is removed by, the Building Commissioner, who shall remove such placard only when the defects upon which the designation was based have been eliminated, and after the dwelling, dwelling unit or rooming unit has been inspected and found to comply in all respects with the requirements of this article.
Whenever any building, dwelling, dwelling unit, rooming unit,
or any part thereof, is subject to designation as dangerous and a
public nuisance under the provisions of § 21.222(C) of this
article, the Building Commissioner or Health Officer shall carry out
such designation in compliance with the following procedures:
(A)
Notice and placarding. The Building Commissioner shall serve notice
of the designation of the building, dwelling, dwelling unit, rooming
unit, or part thereof, as dangerous and a public nuisance upon the
owner, operator, occupant and lien holders of record. Service shall
be by certified mail, return receipt requested, and by posting a placard
at each entrance of the affected building, dwelling, dwelling unit
or rooming unit. Where the identity or whereabouts of the owner or
lien holder cannot be ascertained, notice mailed to the person or
persons in whose name the premises were last assessed shall be sufficient
notice.
(B)
Contents. The notices and placards required by Subsection (A) hereof
shall state that the affected building, dwelling, dwelling unit or
rooming unit, or part thereof, is by such notice or placard declared
to be dangerous and a public nuisance in accordance with the provisions
of this article; shall state the specific alleged uncorrected violations
of this article deemed sufficient to justify such designation; and
shall further state that such designation may result in an order for
demolition. Such notice shall require the party to appear before the
Building Commissioner at a hearing to be held at a specified place
and time, not less than 10 days following the date of the notice,
to show cause why the designated building, dwelling, dwelling unit,
rooming unit, or part thereof, should not be vacated and repaired
or demolished in accordance with the provisions of this article.
(C)
Defacing or removing placard. No person shall deface or remove the placard required by Subsection (A) hereof from any building, dwelling, dwelling unit, rooming unit, or part thereof, which has been designated as dangerous and a public nuisance, except as provided in § 21.226 of this article.
(D)
Hearing and findings. At the appointed time and place, the Building
Commissioner shall hear such testimony as the interested parties shall
offer relative to the designated building, dwelling, dwelling unit,
rooming unit, or part thereof, and shall, based on such testimony
and his investigation, make written findings of fact as to whether
the building, dwelling, dwelling unit or rooming unit is properly
designated as dangerous and a public nuisance.
(A)
Order. Upon a finding pursuant to § 21.225 that the building, dwelling, dwelling unit, rooming unit, or part thereof, has been properly designated as dangerous and a public nuisance, the Building Commissioner shall issue an order to the owner, operator, occupant and lien holders of record, commanding the owner to vacate and repair or demolish the building, dwelling, dwelling unit, rooming unit, or part thereof; authorizing any lien holder of record to demolish such building, dwelling, dwelling unit, rooming unit, or part thereof, at his own risk to prevent the attachment of a City lien, as provided in Subsection (D) hereof; and shall authorize any person so notified to vacate or repair such building, dwelling, dwelling unit, rooming unit, or part thereof.
(B)
Petition to Circuit Court. Unless the designated building, dwelling,
dwelling unit, rooming unit, or part thereof, shall have been vacated
and the repair or demolition thereof commenced within 15 days of the
issuance of an order pursuant to Subsection (A) hereof, the Mayor
shall petition the Circuit Court of the county in which the premises
are located, pursuant to the provisions of 65 ILCS 5/11-31-1, for
an order requiring such vacation and authorizing such demolition or
repair.
(C)
Repair or demolition by City. Upon receipt of an order of court authorizing
the repair or demolition of a designated building, dwelling, dwelling
unit, rooming unit or part thereof, the Building Commissioner shall
cause the designated building, dwelling, dwelling unit, rooming unit,
or part thereof to be repaired or demolished, as the facts may warrant,
by the City; provided, however, that where the Building Commissioner
finds it to be in the best interest of the City and its residents,
he shall notify the City Council and request it to take all actions
necessary to compel repair or demolition by the owner, including the
application for an injunction pursuant to 65 ILCS 5/11-31-2. All contracts
for repair or demolition by the City shall be let by competitive bid.[1]
(D)
Lien for repairs or demolition. The costs of any vacation, repair
or demolition undertaken pursuant to this article by the City, or
any lien holder of record, shall be recoverable from the owner of
the premises and shall be a lien upon such premises, as provided by
65 ILCS 5/11-31-1 and 65 ILCS 5/11-31-2.
(E)
Conditions for resumption of use. No building, dwelling, dwelling unit, rooming unit, or part thereof, which has been designated as dangerous and a public nuisance in accordance with § 21.225 of this article shall again be used for any purpose until and unless written approval is secured from, and the placard so designating it is removed by the Building Commissioner, who shall remove such placard only when the defects upon which the designation was based have been eliminated, and after the building, dwelling, dwelling unit, rooming unit, or part thereof, has been inspected and found to comply in all respects with the requirements of this article.
In cases where it reasonably appears that there is immediate
danger to the life or safety of any person unless a building, dwelling,
dwelling unit, rooming unit, or part thereof, is immediately repaired
or demolished, the Building Commissioner shall request the City Council
to waive all provisions of this article and to proceed directly to
secure a demolition order according to the procedures of 65 ILCS 5/11-31-1.
The City Council shall use its discretion in this request.
Whenever any person fails, refuses or neglects to obey an order
issued pursuant to this article or in any other manner does not comply
with the duties imposed upon him by this article, the Mayor may notify
the City Attorney of the circumstances and request the City Attorney
to institute such legal action as may be required to effect compliance.
The imposition of any penalty pursuant to this article shall
not preclude the City from instituting an appropriate action or proceeding
in a court of proper jurisdiction to prevent an unlawful repair or
maintenance; to restrain, correct or abate a violation; to prevent
the occupancy of a building, dwelling or dwelling unit; to require
compliance with the provisions of this article or other applicable
laws, ordinances, rules or regulations, or the orders and determinations
of the Building Commissioner, Health Officer or the Board of Building
Appeals.
Appeals may be taken to the Board of Building Appeals, established
by Article 7 of this chapter, by the following persons, at the following
times, in the following manner, and with the following effects:
(A)
Scope of appeal. An appeal may be taken from any decision of the
Building Commissioner, made pursuant to the authority conferred by
this article, which finds a violation of any provision of this article;
designates any dwelling, dwelling unit or rooming unit unfit for human
habitation or dangerous and a public nuisance; orders the vacation,
repair or demolition of any dwelling, dwelling unit or rooming unit;
interprets this article; or which in any other manner adversely affects
an owner, operator or occupant of a dwelling, dwelling unit or rooming
unit subject to the provisions of this article.
(B)
Persons entitled to appeal. Any person aggrieved by a decision within
the scope of Subsection (A) hereof may appeal from such decision.
(D)
Commencement of appeal. An appeal under this section shall be commenced
by filing with the Building Commissioner a notice of appeal, specifying
the grounds thereof, and by filing said appeal and a copy of said
notice of appeal with the City Clerk. The Building Commissioner shall
forthwith transmit to the Secretary of the Board all of the papers
constituting the record upon which the decision from which appeal
has been taken was made. The notice of appeal and the appeal itself
shall be filed in such number of copies, be in such form, and contain
such information as the Board may provide from time to time by general
rule.
(E)
Stay pending appeal. An appeal shall stay all proceedings in furtherance
of the decision appealed from and all duties imposed thereby, unless
the Building Commissioner certifies to the Board of Building Appeals,
after the notice of appeal has been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
immediate hazards to human life, health or safety, in which case the
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Board or by a court of record upon application
following notice to the Building Commissioner and upon due cause shown.
Any stay in effect pursuant to this Subsection (E) shall continue
until a decision on the appeal is rendered pursuant to Subsection
(F) hereof.
(F)
Action on appeal. The Board shall select a reasonable time and place
for a public hearing on the appeal, shall give due notice thereof
to the parties having a known interest therein and shall render a
written decision without unreasonable delay. Upon the concurring vote
of a majority of its members then holding office, the Board may reverse
or affirm, in whole or in part, or may modify, the decision from which
the appeal was taken, and to that end the Board shall have all the
powers of the Building Commissioner with respect to such decision.
(A)
Whenever a dwelling has been unoccupied for a period of 60 days,
the Building Commissioner shall serve written notice upon the owner
and any operator, lessee, or mortgagee of the dwelling unit that the
dwelling unit may be designated as an abandoned dwelling unit within
30 days after service of the notice required by this section.
(B)
Notice shall be given by personal service or by mailing a copy thereof
to the owner and any operator, or lessee or mortgagee of the suspected
abandoned dwelling unit by certified mail, return receipt requested,
at his or her last known address. In the event that notice by mail
is ineffective to effect actual notice to the owner, or to any operator,
lessee or mortgagee of the dwelling unit, notice of the suspected
abandonment shall be published in a newspaper of general circulation
in the area and a copy of the notice required by this section shall
be posted in a conspicuous place on or about the suspected abandoned
dwelling unit.
(C)
Such notice shall inform the owner, and any operator, lessee or mortgagee
of the suspected abandoned dwelling unit that unless the dwelling
unit is reoccupied within 30 days after service of the notice required
by this section, the dwelling unit shall be designated as an abandoned
dwelling unit and shall be posted as such and subject to reinspection
and the issuance of an occupancy permit in the manner provided herein.
If a suspected abandoned dwelling unit is not reoccupied within 30 days after service of the notice required by § 21.231, the dwelling unit shall be designated as an abandoned dwelling unit.
Whenever any dwelling unit is subject to designation as an abandoned
dwelling unit, the Building Commissioner shall carry out such designation
in compliance with the following procedures:
(A)
Notice and placarding. The Building Commissioner shall serve notice
of the designation of the dwelling unit as an abandoned dwelling upon
the last owner, and operator, lessee or mortgagee. Service shall be
certified mail, return receipt requested, and by posting a placard
at each entrance of the affected dwelling unit. Where the identity
or whereabouts of the owners, operators, lessee, or mortgagee cannot
be ascertained, notice shall be mailed to the person or persons to
whom the last tax bill was mailed.
(B)
Contents. The notices and placards required by Subsection (A) hereof shall state that the affected dwelling unit is by such placard declared to be an abandoned dwelling unit within the meaning of § 21.204; and shall further state that inspection of the abandoned dwelling unit by the Building Commissioner shall be required prior to occupancy of the dwelling unit by an owner, operator or lessee and that it is unlawful to reoccupy an abandoned dwelling unless and until an occupancy certificate for such dwelling unit has been issued by the Building Commissioner. Such notice shall state that any person intending to occupy the abandoned dwelling unit shall notify the Building Commissioner five days prior to occupancy of the abandoned dwelling unit.
(A)
Any dwelling unit designated as an abandoned dwelling unit shall
be subject to inspection by the Building Commissioner prior to occupancy
of the dwelling unit.
(B)
No dwelling unit which has been designated as an abandoned dwelling unit in accordance with § 21.233 shall again be used for any purpose until and unless written approval is secured from, and the placard so designating the dwelling unit as an abandoned dwelling unit is removed by, the Building Commissioner, who shall remove such placard only after the dwelling unit has been inspected.
(C)
The Building Commissioner shall not issue an occupancy permit for
the abandoned dwelling unit unless and until the abandoned dwelling
unit has been inspected and found to comply in all respects with the
requirements of this article.
The fee for inspection of an abandoned dwelling unit shall be
$15.
