[Ord. No. 2356 §1, 11-3-2015]
(a)
It is the purpose of this Section to promote housing quality for
owner occupied housing and all occupants and tenants of rental housing.
Furthermore, it is the intent of this Article to ensure for property
owners, occupants and tenants that minimum standards of fitness exist
for all housing types and upon habitation of such that property owners,
occupants and tenants share responsibility for maintaining those standards
pursuant to this Article.
(b)
It is hereby declared that it is unsafe to allow dwellings which
are unfit for human habitation due to dilapidation; defects increasing
the hazards of fire, accidents and other calamities; lack of ventilation,
light and sanitary facilities; and other conditions rendering such
dwellings unsafe or unsanitary, dangerous and detrimental to the health,
safety and morals, and otherwise impactful to the welfare of the residents
of Eureka.
(c)
To protect the health, safety and welfare of the residents, it is
the purpose of this Article to establish minimum standards of fitness
for the initial and continued occupancy of all buildings used for
human habitation, whether single or multi-family.
[Ord. No. 2356 §1, 11-3-2015]
The following definitions shall apply in the interpretation
and enforcement of this Article:
The portion of a building which is partly or completely below
grade.
A basement of which the finished floor above the basement
is:
A dwelling that is unfit for human habitation and can be
repaired, altered, or improved to comply with all of the minimum standards
established by this Article at a cost not in excess of fifty percent
(50%) of its value, as determined by finding of the Inspector.
A dwelling that is unfit for human habitation and cannot
be repaired, altered or improved to comply with all of the minimum
standards established by this Article at a cost not in excess of fifty
percent (50%) of its value, as determined by finding of the Inspector.
Any building, structure, manufactured home or mobile home,
or part thereof, used and occupied for human habitation or intended
to be so used, and includes any appurtenances belonging thereto or
usually enjoyed therewith, except that it does not include any dwelling
which is used solely for a seasonal vacation purpose. The term shall
include within its meaning the term "rooming unit," as defined in
this Section.
The control and elimination of insects, rodents or other
pests by removing or making inaccessible materials that may serve
as their food; by poisoning, spraying, fumigating or trapping; or
by any other recognized and legal pest elimination methods approved
by the Inspector.
The organic waste resulting from the handling, preparation,
cooking and consumption of food.
A window including the glassed portions of doors.
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, heater rooms, foyers or communicating
corridors, closets and storage spaces.
The presence, within or around a dwelling, of any insects,
rodents or other pests in such numbers as to constitute a menace to
the health, safety or welfare of the occupants or the public.
The Building Commissioner of the City of Eureka or any authorized
agent thereof.
A structure, transportable in one (1) or more sections, which
in traveling mode is eight (8) body feet or more in width, or forty
(40) body feet or more in length, or, when erected on a site, is three
hundred twenty (320) or more square feet; and which is built on a
permanent chassis and designed to be used as a dwelling, with or without
permanent foundation when connected to the required utilities, including
the plumbing, heating, air conditioning and electrical systems contained
therein. "Manufactured Home" includes any structure that meets all
of the requirements of this Subsection except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the Secretary of the United States Department of Housing
and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Act
of 1974, 42 USC 5401, et seq. For manufactured homes built prior to
June 15, 1976, "Manufactured Home" means a portable manufactured housing
unit designed for transportation on its own chassis and placement
on a temporary or semi-permanent foundation having a measurement of
thirty-two (32) feet in length and more than eight (8) feet in width.
"Manufactured Home" also means a double-wide manufactured home, which
is two (2) or more portable manufactured housing units designed for
transportation or their own chassis that connect on site for placement
on a temporary or semi-permanent foundation having a measurement of
more than thirty-two (32) feet in length and more than eight (8) feet
in width.
Any dwelling containing two (2) or more dwelling units.
Any person living, sleeping, cooking, or eating in, or having
actual possession of a dwelling.
Any person who has charge, care or control of a building,
or a part thereof, in which dwelling units or rooming units are let.
Any person who alone, jointly, or severally with others:
Has title to any dwelling with or without accompanying actual
possession thereof; or
Is a mortgagee of record for any dwelling; or
Has charge, care or control of any dwelling, as owner or agent
of the actual owner, or as executor, administrator, trustee or guardian
of the estate of the actual owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this
Article, and of rules and regulations adopted pursuant thereto, to
the same extent as if he were the owner.
All persons who have interest of record in a dwelling and
any persons who are in possession thereof.
Any individual, corporation, firm, partnership, association,
organization or other legal entity.
All of the following supplied facilities and equipment: gas
pipes, gas burning equipment, water pipes, mechanical garbage disposal
units (mechanical sink grinders), sewage disposal pipes, water closets,
sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents and
any other similar supplied fixtures, together with all connections
to water, sewer or gas lines.
The City of Eureka Building Department or any officer who
is in charge of the department.
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.
Non-organic waste materials. The term shall include paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass and dust.
Paid for, furnished, or provided by, or under the control
of the owner or operator.
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 utility system on the
same premises for more than thirty (30) consecutive days.
When conditions exist in a dwelling which violates or does
not comply with one (1) or more of the minimum standards of fitness
or one (1) or more of the requirements established by this Article.
[Ord. No. 2356 §1, 11-3-2015]
(a)
Minimum Standards - Fitness For Dwellings. The following
shall be the minimum acceptable standards for evaluating the fitness
of dwellings for human habitation:
(1)
Every dwelling used for human habitation, or held out for such human
habitation shall comply with all of the minimum standards of fitness
for human habitation and all of the requirements of Subsections (b)
through (g) of this Section.
(2)
No person shall occupy as owner-occupant, or let to another for occupancy
or use for human habitation, any dwelling which does not comply with
all of the minimum standards of fitness for human habitation and all
of the requirements of Subsections (b) through (f) of this Section.
(3)
Interpretations of the Inspector concerning Subsections (b) through
(f) of this Section shall be based upon minimum conditions necessary
to ensure the safety of the occupant(s).
(b)
Minimum Standards - Structural Condition. The following
shall be the minimum acceptable standards for the structural condition
of a dwelling:
(1)
Walls, partitions, supporting members, sills, joists, rafters or
other structural members shall not list, lean or buckle, and shall
not be rotted, deteriorated or damaged so as to create a hazardous
or unsafe condition, and shall not have holes or cracks which might
admit rodents.
(2)
Floors or roofs shall have adequate supporting members and strength
to be reasonably safe for the purpose used.
(3)
Foundations, foundation walls, piers or other foundation supports
shall not be deteriorated or damaged so as to create a hazardous or
unsafe condition.
(4)
Steps, stairs, landings, porches or other parts or appurtenances
shall be maintained in such condition that they do not lean or buckle,
and shall not be rotted, deteriorated or damaged so as to create a
hazardous or unsafe condition.
(5)
Facilities for egress in case of fire or panic shall be provided.
(6)
Interior walls, floors and ceilings of all rooms, closets and hallways,
excluding basements shall be finished of suitable materials, which
will, by use of reasonable household methods promote sanitation and
cleanliness, and shall be maintained in such a manner so as to enable
the occupants to maintain reasonable privacy between various spaces.
(7)
The roof, flashing, exterior walls, basement walls, floors, and all
doors and windows exposed to the weather shall be constructed and
maintained so as to be weather-tight.
(8)
There shall be no chimneys in use or parts thereof which are defective,
deteriorated or in such condition or location as to constitute a fire
hazard. No chimney shall be in danger of falling.
(9)
There shall be no use of the ground for floors.
(c)
Minimum Standards - Basic Plumbing, Heating, And Electrical
Equipment And Facilities. The following shall be the minimum
acceptable standards for basic plumbing, heating, and electrical equipment
and facilities:
(1)
Plumbing system. Every dwelling shall have facilities
for providing plumbing in accordance with the following:
(2)
Heating system. Every dwelling shall have a safe
and adequate method for providing heat.
(3)
Electrical system. Every dwelling shall have facilities
for providing electricity in accordance with the following:
a.
Every dwelling shall be wired for electric lights and receptacle
outlets. Every habitable room shall contain at least one (1) floor
or wall-type electric receptacle, connected in such manner as determined
by the Electrical Code adopted by the City. There shall be installed
in every bathroom, water closet room, laundry room and furnace room
at least one (1) supplied ceiling or wall-type electric light fixture.
In the event wall or ceiling light fixtures are not provided in any
habitable room then each such habitable room shall contain at least
two (2) floor or wall-type receptacle outlets.
b.
Every public hall and stairway in every multiple dwelling shall be
provided electric lights.
c.
All fixtures, receptacles, equipment and wiring shall be maintained
in a state of good repair, safe and capable of being used.
d.
The electrical service must remain connected and maintained in working
order at all times.
(d)
Minimum Standards - Use And Location. The following
shall be the minimum acceptable standards for use and location of
a habitable room within a dwelling unit:
(e)
Minimum standards - Safe And Sanitary Maintenance. The following shall be the minimum acceptable standards for safe
and sanitary maintenance of habitable dwellings:
(1)
Exterior foundation, walls and roofs. Every foundation
wall, exterior wall and exterior roof shall be substantially weather-tight
and rodent-proof; shall be kept in sound condition; and shall be safe
to use and capable of supporting the load which normal use would cause
to be placed thereon.
(2)
Interior floors, walls and ceilings. Every floor,
interior wall and ceiling shall be substantially rodent-proof; shall
be kept in sound condition; and shall be safe to use and capable of
supporting the load which normal use would cause to be placed thereon.
(3)
Windows and doors. Every window, exterior door,
basement door or hatch shall be substantially weather-tight and rodent-proof
and shall be kept in sound working condition.
(f)
Minimum Standards - Control Of Insects, Rodents And Infestations. The following shall be the minimum acceptable standards for the
control of insects, rodents, and infestations:
(1)
Infestation. Every occupant of a dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises. Whenever infestation is caused by
failure of the owner to maintain a dwelling in a substantial rodent-proof
or reasonably insect-proof condition, extermination shall be the responsibility
of the owner.
(2)
Garbage storage, etc. Garbage, rubbish and materials
to be recycled shall be stored in a manner that will resist harborage
to rodents and vectors and will not create a fire hazard.
(g)
Responsibilities Of Owners And Occupants. The following
shall be the minimum acceptable standards with respect to other owner
and occupant responsibilities:
(1)
Cleanliness. Every occupant, tenant or lessee of
a dwelling or dwelling unit shall keep clean and in a sanitary condition
that part of the dwelling, dwelling unit and premises thereof which
he occupies and controls. The occupant, tenant, or lessee shall be
responsible for the disposal of all garbage and rubbish accumulated
on a regular basis to a common collection site or facility which is
permitted to receive the waste.
(2)
Public areas. Where a common collection site for
the collection and disposal of solid waste is provided on the premises
by the owner, it shall be the responsibility of the owner to remove
or cause to be removed all solid wastes from the collection site on
a regular basis.
(3)
Care of facilities, equipment and storage. No occupant,
tenant or lessee shall willfully destroy, deface or impair any of
the facilities or equipment, or any part of the structure of a dwelling
or dwelling unit.
[Ord. No. 2356 §1, 11-3-2015]
(a)
The enforcement and administration of this Article shall be by the
Inspector as he deems appropriate to administer and enforce the provisions
of this Article. Such duties may be assigned by the Inspector to other
City personnel to conduct inspections and other duties of administration
deemed necessary.
(b)
The Inspector shall have the following powers and duties:
(1)
To investigate the dwelling conditions, and to inspect dwellings
located in the City, in order to determine which dwellings are unfit
for human habitation, and for the purpose of carrying out the objectives
of this Article with respect to the repair, closing or demolition
of such dwellings.
(2)
To take such action, together with other appropriate departments
and agencies, public and private, as may be necessary to affect rehabilitation
of housing which is deteriorated.
(3)
To keep a record of the results of inspections made under this Article
and an inventory of those dwellings that do not meet the minimum standards
of fitness herein prescribed.
(4)
To administer oaths and affirmations, examine witnesses and receive
evidence.
(5)
To enter upon premises for the purpose of making examinations and
inspections: provided, such entries shall be made in accordance with
Subsection (a) of this Section, below, and State law, and shall be
made in such a manner as to cause the least possible inconvenience
to the persons in possession.
(6)
To appoint and fix the duties of such officers, agents, and employees
as he deems necessary to assist in carrying out the purpose of this
Article, and to delegate any of his functions and powers to such officers,
agents and employees.
(7)
To perform such other duties as may be prescribed herein or by the
City.
[Ord. No. 2356 §1, 11-3-2015]
If the owner of any deteriorated dwelling shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate and close as a human habitation the same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate and close and remove or demolish the same within the time specified therein, the Inspector shall place a placard on such dwelling preventing the occupancy of the structure. It shall be unlawful for any person to enter or occupy a dwelling after the Inspector has placed a placard thereof, which offense is punishable in the Eureka Municipal Court as provided in Section 1-7. Any person who enters or occupies a dwelling unit after the Inspector has placed a placard thereon shall be subject to immediate arrest and removal from the dwelling.
[Ord. No. 2356 §1, 11-3-2015]
Notices or orders issued by the Inspector shall be served upon
persons either personally or by Registered or Certified Mail. If the
whereabouts of such persons are unknown and the same cannot be ascertained
by the Inspector in the exercise of reasonable diligence, the Inspector
may serve the notice or order by posting same in a conspicuous place
on the premises.
[Ord. No. 2356 §1, 11-3-2015]
Neither this Section nor any of its provisions shall be construed
to impair or limit in any way the power of the City to define and
declare nuisances and to cause their abatement by summary action or
otherwise, or enforce this Article by criminal process. The enforcement
of any remedy provided herein shall not prevent the enforcement of
any other remedy or remedies provided herein or in other ordinances
or laws.
