[HISTORY: Adopted by the Common Council of the City of Waterloo 6-2-2016 by Ord. No. 2016-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 140.
Electrical standards — See Ch. 193.
Fair housing — See Ch. 196.
Nuisances — See Ch. 261.
Plumbing — See Ch. 283.
Solid waste — See Ch. 317.
Trees — See Ch. 332.
[1]
Editor's Note: This ordinance was originally adopted as Ch.
288 but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "City Of Waterloo Minimum
Housing Code."
A.
This chapter is adopted for the purpose of preserving and promoting
the public health, safety, comfort, convenience, prosperity, and general
welfare of the people of the City and environs. This includes, among
others, physical, aesthetic, and property values.
B.
It is recognized that there may now be or may, in the future, be
residential buildings, structures, yards or vacant areas, and combinations
thereof which are so dilapidated, unsafe, dangerous, unhygienic, overcrowded,
inadequately maintained or lacking in basic equipment or facilities,
light, ventilation, and heating so as to constitute a menace to the
health, safety, and general welfare of the people. The establishment
and enforcement of minimum housing and property maintenance standards
is necessary to preserve and promote the private and public interest.
C.
The provisions of this chapter shall apply uniformly to the maintenance
of all buildings or structures and areas surrounding the same, irrespective
of when or under what condition or conditions such buildings were
originally constructed, except as may be otherwise provided by law.
A.
Rules. In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural number,
and the plural the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The phrase "used for" shall include the phrases "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
B.
ADEQUATE
APARTMENT
APPROVED
ATTRACTIVE APPEARANCE
BASEMENT
BOARDINGHOUSE
BUILDING
CAPACITY IN PERSONS
COMPLIANCE INSPECTION
DEBRIS
DWELLING
DWELLING UNIT
EXTERMINATION
FAMILY
FRIABLE MATERIAL
GOOD WORKING CONDITION
HABITABLE SPACE
IMPERVIOUS TO WATER
INFESTATION
LIVING ROOM
LODGING HOUSE
LODGING ROOM
MIXED OCCUPANCY
OCCUPANT
OPERATOR
OWNER
PERSON
PROPERLY
PROVIDED
RESIDENTIAL BUILDING
ROOM
ROOMING HOUSE
SLEEPING ROOM
STRUCTURE
SUPPLIED
Definitions. The following definitions shall be applicable in this
chapter:
Adequate as determined by the Building Inspector under the
regulations of this chapter or adequate as determined by an authority
designated by law or this Code of Ordinances. "Adequately" shall mean
the same as adequate.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
Approved by the Building Inspector under the regulations
of this chapter or approved by an authority designated by law, this
chapter or this Code of Ordinances.
An appearance which is in accordance with generally accepted
professional practices for new construction within the City and which
is not likely to adversely affect the values of abutting or neighborhood
properties, or of the principal property.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
See "lodging house" and "lodging room."
A combination of material to form a construction that is
safe and stable and adapted to permanent or continuous occupancy for
assembly, business, educational, high hazard, industrial, institutional,
mercantile, residential, animal, or a storage purpose; the term "building"
shall be construed as if followed by the words "or portion thereof."
For the purpose of this chapter, each portion of a building completely
separated from other portions by an unpierced fire wall shall be considered
as a separate building.
The "capacity in persons" of a building is the maximum number
of persons that can occupy such building, as determined by the required
floor space per person as established in this chapter.
An inspection performed in conjunction with a lawful order
of the City Board or Building Inspector for the purpose of certifying
the fulfillment of an official requirement listed in the order.
Broken concrete, bricks, blocks or other mineral matter,
bottles, porcelain and other glass or crockery; boxes; lumber (new
or used), posts, sticks or other wood, tree branches, brush, yard
trimmings, grass clippings and other residues; paper, rags, cardboard,
excelsior, rubber, plastic, wire, tin and metal items; and discarded
household goods or appliances, junk lawn mowers, tar paper, residues
from burning or any similar materials which constitute health, fire
or safety hazards or a serious blighting influence upon a neighborhood
or the City in general.
A place of abode, a residence, or a house for use by one
or more persons, excluding hotels or motels.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for use by one family.
The control or elimination of infestation by eliminating
harboring places and removing or making inaccessible materials that
may serve as food, and by poisoning, spraying, trapping, fumigation
by a licensed fumigator or any other effective elimination procedure.
An individual, or two or more persons related by blood, marriage,
or legal adoption, living together as a single housekeeping unit in
a dwelling unit, including foster children, and not more than two
roomers. For the purpose of this definition, "children" means natural
children, or a ward as determined in a legal guardianship proceeding.
Up to two personal attendants who provide services for family members
or roomers who, because of advanced age or physical or mental disability,
need assistance with activities of daily living, shall be considered
part of the "family." Such services may include personal care, housekeeping,
meal preparation, laundry or companionship.
Any material applied on ceilings, walls, structural members,
piping, duct work, or any other part of a building which when dry
may be crumbled, pulverized, or reduced to powder by hand pressure.
The term includes nonfriable material after such previously nonfriable
material becomes damaged to the extent that when dry it may be crumbled,
pulverized, or reduced to powder by hand pressure.
Capable of performing the task for which it was designed
and in the manner intended by this chapter.
One or more rooms in a dwelling used primarily for sleeping,
living, or dining purposes.
Constructed of concrete, cement block, terrazzo, brick, tile,
or other material approved by the Building Inspector, and having tight-fitting
joints.
The sustained presence of household pests, vermin, or rodents.
A room used primarily for living, dining, or cooking purposes.
A dwelling containing lodging rooms that will accommodate
five or more persons not members of a family.
A portion of a dwelling used primarily for sleeping and living
purposes, excluding cooking facilities.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
One who occupies or has actual possession of usable space.
Any person who has charge or control of a building or part
thereof in which dwelling units or lodging rooms are located or let.
Every person, firm, partnership, or any individual member
thereof, corporation, business organization of any kind, the state,
the county, the City, any sewer district, drainage district, and any
other public or quasi-public corporation having vested interest in
the property under consideration and shall include the representative,
officer, agent, or other person having the ownership, control, custody,
or management of any building. "Owner" does not include any person
whose legal or equitable interest in the building is a security interest
derived solely from the extension of credit to permit construction
or remodeling of the dwelling or purchase of the dwelling by a third
party.
Means and includes any individual, firm, corporation, association,
or partnership.
As deemed proper by the Building Inspector under the regulations
of this chapter or deemed proper by an authority designated by law
or this chapter.
Furnished, supplied, and paid for or under control of the
owner.
A building which is arranged, designed, used, or intended
to be used for residential occupancy by one or more families or lodgers,
and which includes, but is not limited to, single-family dwellings,
two-family dwellings, multiple-family dwellings and lodging houses.
A partitioned part of the inside of a building. For the purpose
of this definition, "partition" shall mean something that divides
interior space, especially an interior dividing wall. A wall is one
of the sides of a room or building connecting floor and ceiling and
may also include anything which encloses or separates space. A partition
or wall which intrudes into the space by more than 1/3 of the least
dimension of an existing room may be regarded as creating an additional
separate room. The partitioned space shall be considered as a room
if privacy is implied; light and ventilation are affected; or a bedroom-through-a-bedroom,
bathroom-through-a-bedroom or bedroom-through-a-bathroom situation
is created.
See "lodging house" and "lodging room."
A room used for sleeping purposes.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
Paid for, furnished, or provided by or under control of the
owner or operator.
A.
Purpose. The purpose of this section is to establish minimum standards
for basic equipment, lighting, ventilation, and electrical services
for all residential buildings and parts thereof and to obtain the
public and private benefits accruing from the provision of such services.
A suitable environment for safe and healthy living is encouraged by
adequate water and sanitary facilities, proper storage, and disposal
of garbage, recyclables and other refuse, safe means of egress, provision
of light, air, heat, and electrical service.
B.
Minimum standards. No person shall occupy as owner or let to another
for occupancy any space in a residential building for the purpose
of living, sleeping, cooking, or eating therein which does not comply
with the following requirements:
(1)
Basic plumbing requirements. Every dwelling unit shall contain a
kitchen sink, a flush water closet, a lavatory basin, and a bathtub
or shower, all in good working condition and properly connected to
hot and cold waterlines and to an approved water and sewer system.
The flush water closet, lavatory basin, and bathtub or shower shall
be contained within, a separate room. Water pressure shall be available
at all fixtures as specified in § ILHR 82.40, Wis. Adm.
Code.[1]
[1]
Editor's Note: See now § SPS 382.40, Wis. Adm.
Code.
(2)
Water heating facilities. Every residential building shall have supplied
water heating facilities which are properly installed, are maintained
in safe and good working condition, are properly connected with the
hot waterlines required hereunder and are capable of heating water
to such a temperature as to permit an adequate amount of water to
be drawn at any required kitchen sink, lavatory basin, bathtub, or
shower at a temperature of not less than 110° F.
(3)
Refuse storage. Each resident in every residential building shall
be responsible for supplying such building with garbage, refuse and
recyclable materials, storage facilities, the type and location of
which is in compliance with City regulations.
(4)
Egress. Every dwelling unit and lodging room shall have direct access
to at least two accessible unobstructed means of egress leading to
a safe and open public street, alley, or court connected to a street.
Exterior stairways or exit platforms, or a combination thereof, will
be permitted as second exits, provided the platform or stairways terminate
at a point not more than 10 feet above the grade directly below the
lowest platform. All stairs shall terminate at grade or a platform.
Platforms shall have a minimum area of 14 square feet with a minimum
dimension of three feet. All stairways and platforms shall be protected
with handrails and guardrails as specified in §§ LHR
21.04(2)[2] or ILHR 51.161 and ILHR 51.162, Wis. Adm. Code. Existing
variances to the height limitations specified above may be approved
by the Board of Appeals, provided the platforms or stairs are maintained
in a sound structural condition.
[2]
Editor's Note: See now § SPS 321.04(2), Wis.
Adm. Code.
(5)
Plumbing. Each lodging house shall provide at least one flush water
closet, lavatory basin, and bathtub or shower, properly connected
to an approved water and sewer system and in good working condition
for each seven persons or fraction thereof residing therein, including
members of the operator's family wherever they share the use
of said facilities, except that the required number of bathtubs or
showers may be reduced by the Board of Appeals for lodging houses
utilizing gang bathrooms containing multiple bathtubs or showers.
All such facilities shall be located on the floor occupied by persons
sharing such facilities or the floor directly above or below and shall
be accessible from a common hall or passageway. Every lavatory basin
and bathtub or shower shall be supplied with hot water at all times.
(6)
Windows and ventilation.
(a)
Every living, sleeping, kitchen or bathroom shall have available
natural light and ventilation complying with § ILHR 21.05[3] or ILHR 57.13, Wis. Adm. Code, as dictated by the occupancy
of the building. Existing light and ventilation conditions which do
not comply with ILHR codes may remain in use with the granting of
a variance by the Board of Appeals.
[3]
Editor's Note: See now § SPS 321.05, Wis. Adm.
Code.
(b)
Exhaust ventilation shall be installed in all toilet rooms,
except those having only one fixture (water closet or one urinal)
and in which the window area is greater than four square feet and
more than two square feet is openable directly to the exterior of
the building. The volume of air exhausted shall not be less than two
cubic feet per minute per square foot of floor area.
(c)
All doors and windows required for ventilation shall be protected
with insect screen equivalent to not less than 16 wire mesh installed
to prevent the entrance of files, mosquitoes and other insects, to
be annually installed during May before June 1 and maintained until
storm windows are installed in autumn.
(d)
All exterior doors and windows shall have storm windows or storm
doors installed or maintained to prevent excessive drafts and heat
loss no earlier than October 15, but no later than November 15 annually.
(e)
Existing habitable rooms without openable windows shall be provided
with a mechanical ventilation system producing one air change per
hour. All required exhaust vents shall terminate outside the structure.
(7)
Electrical. Every dwelling unit and all public and common areas in
multiple dwellings shall be supplied with electrical service, outlets,
and fixtures which shall be properly installed, shall be maintained
in good and safe working conditions, and shall be connected to a source
of electric power in a manner prescribed by the Wisconsin Electrical
Code. The minimum capacity of such electrical services and the minimum
number of outlets and fixtures shall be as listed below. (For the
purposes of this section, "electrical service" shall mean: "The conductors
and equipment for delivering electrical energy from the supply system
to the wiring system of the premises or the unit served.") The electrical
service shall be of sufficient size to handle the load connected to
it. The branch circuits shall be protected by S-type or equivalent
safety type, tamperproof fuses, not to exceed the ampacity of the
smallest wire size in the circuit:
(a)
Every dwelling unit or room shall have electric service capable
of providing at least three watts per square foot of total floor area
(air conditioners, ranges, space heaters and motor driven equipment
1/8 hp, or over excluded).
(b)
Every lavatory, bathroom, kitchen or kitchenette, dining room,
laundry room and furnace room shall contain at least one approved
ceiling or wall type electric light fixture equipped with sufficient
lamps or tubes to provide no less than five footcandles at floor level
at the center of the room. Where more than one fixture is used or
required, they shall be equally spaced as far as practicable. (A switched
outlet may be substituted for the ceiling or wall fixture in the dining
room.)
(c)
Convenience outlet receptacles shall be provided as follows
(measurements at room perimeter and include doors and door-alcoves):
[1]
Living room: One per 75 square feet or major fraction (minimum
of two).
[2]
Dining room: One per 75 square feet or major fraction (two minimum).
[3]
Kitchen: One per eight feet or fraction of countertop and preparation
area measured at rear (preparation area includes countertops, sinks,
range tops, and all other similar areas at counter height). Island-type
work areas require one for each eight feet or less of length. Separate
outlets shall be provided for refrigerators.
[4]
Dining areas in kitchen: One per 75 square feet or major fraction.
[5]
Bedroom: One per 75 square feet or major fraction (minimum of
two).
[6]
Laundry: One when laundry equipment is present.
[7]
Bathrooms and lavatories: One (may be part of wall fixture if
72.0 inches or less from floor).
[8]
Other habitable rooms: minimum of two.
(d)
Fixed appliances exceeding 1/8 hp or 300 watts rating shall
not be connected to general purpose branch circuits. Convenience outlets
are to be located to present use of extension cords (NEC 400-8).
(e)
All cords and temporary wiring not in compliance with NEC Article
400-A, and all exposed abandoned wiring, shall be removed immediately
upon the direction of the Building Inspector or Fire Inspector.
(f)
Switches or equivalent devices for turning on one light in each
room or passageway shall be located so as to conveniently control
the area to be lighted.
(g)
Public halls and stairways in multiple dwellings shall be adequately
lighted by natural or electric light at all times so as to provide
in all parts thereof at least 2 1/2 footcandles of light at the
tread or floor level. Halls and stairways in structures containing
not more than three dwelling units may be supplied with conveniently
located switches, controlling the lighting system, which may be turned
on when needed. Other occupancies require full-time or automatic time-switched
lighting. When dwelling unit doors open to the outside a minimum of
2 1/2 footcandles of illumination at the locks are required.
Required parking areas for more than three cars shall be lighted to
a minimum of one footcandle on all surfaces.
(h)
When the service in an existing residential building is changed
for any reason, the entire building electrical system shall be brought
to the above minimum standards. The minimum replacement electrical
service shall be 100 amps for the first two dwelling units in a building
and 50 amps for each additional unit. Where electric heat and air
conditioner over 20 amps are added or in place, additional capacity
to cover this demand is required. All electrical work shall be done
in accordance with the National Electrical Code.
(8)
Heating.
(a)
All habitable rooms shall be provided with a permanently connected
heating system complying with the City ordinances.
(b)
The heating system shall be maintained in a safe and efficient
condition by a qualified person and a record kept at the premises
showing the date of service and by whom. A minimum temperature of
67° F. shall be maintained in all habitable rooms when the outdoor
temperature is above 0° F., absent the wind-chill factor, and
a minimum temperature of 60° F. shall be maintained in all habitable
rooms when the outdoor temperature is 0° F. or lower, absent the
wind-chill factor. The outdoor temperature for the City shall be the
temperature as reported by the National Oceanic and Atmospheric Administration
and the reports thereof shall be admissible in evidence and conclusive
as to temperature.
(c)
The occupant of a room or an apartment may maintain a lesser
temperature than is specified above as long as it does not affect
the temperature in other habitable areas of the building.
(9)
Lighting.
(a)
Illumination shall be provided at all intersections of passageways,
at all exits, and at the head, foot, and landings of every stairway
in all buildings accommodating transients, three or more apartments,
and lodging houses. The illumination shall be provided during a period
one hour before sunset to one hour after sunrise.
(b)
Every residential building that will accommodate transients,
three or more families, or 20 persons shall have lights at the emergency
exit doors or other places as may be necessary to direct the occupant
to the exit doorways. The lights shall be red and accompanied by a
sign bearing the word "EXIT"; in plain letters five inches high, or
a red illuminated translucent exit sign may be used.
(10)
Cooking areas restricted. The owner or operator of every residential
building shall not provide, use, or permit to be used and the occupant
shall not provide, use, or permit to be used, in any room other than
a kitchen, any equipment designed or intended to be used for cooking
or preparation of meals.
(11)
Emergency work information. Every owner of a multifamily dwelling
shall make available to the occupants the names of two or more persons
that may be called to arrange for emergency work. The names with the
telephone numbers shall be posted in a conspicuous place readily accessible
to the occupants. The names with the telephone numbers shall be revised
periodically to maintain accurate information at all times.
A.
Purpose. The purpose of this section is to recognize the private
and public benefits resulting from the safe, sanitary, and attractive
maintenance of residential buildings, yards, or vacant areas. Attractive
and well-maintained property will enhance the neighborhood and City
and provide a suitable environment for increasing physical and monetary
values.
B.
Maintenance requirements. Every owner or operator shall improve and
maintain all property under his control to comply with the following
minimum requirements:
(1)
Drainage. All courts, yards, or other areas on the premises shall
be property graded to divert water away from the building. Adjacent
ground surface shall be sloped away from the structure with a grading
of at least 1/2 inch per foot for a minimum of five feet where possible
or by other means such as eaves, troughs and downspout extensions.
(2)
Weeds. All exterior property areas shall be kept free from noxious
weeds as required by this Code of Ordinances and the Wisconsin Statutes.
Where required weed and grass cutting is not performed by the property
owner, the Weed Commissioner shall perform said weed cutting and process
the charge therefor as a special charge against the benefited property.
(3)
Debris. All exterior property areas shall be properly maintained
in a clean and sanitary condition free from debris, rubbish or garbage,
physical hazards, rodent harborage and infestation, and animal feces.
All animal feces shall be removed within 24 hours.
(4)
Fences, walks, parking areas. Fences, other minor construction, walks,
driveways, parking areas, and similar paved areas shall be properly
maintained in a safe, sanitary and substantial condition. Approved
walks shall provide convenient all-weather access to buildings.
(5)
Exterior surfaces. Exterior surfaces of buildings and structures
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative which will
provide adequate resistance to weathering and maintain an attractive
appearance. Any exterior surface treated with paint or other preservative
shall be maintained so as to prevent chipping, cracking, or other
deterioration of the exterior surface or the surface treatment and
to present an attractive appearance. All paint or other preservative
shall be applied in a workmanlike fashion.
(6)
Yard areas. Yard areas of real estate shall not be permitted to deteriorate
or remain in a condition that is not in accord with the following:
Yard areas shall be kept in a clean and sanitary condition, free from
any accumulation of combustible or noncombustible materials, debris,
or refuse. Yards shall not be used to store appliances, furnaces,
hot water heaters, water softeners, or building material not used
within 10 days, or any unsightly bulk items. Landscaping, plantings
and other decorative surface treatments, including common species
of grass, shall be installed if necessary and maintained to present
an attractive appearance in all court and yard areas. Lawns shall
be maintained to a height in compliance with City ordinances. Plantings
shall be maintained as not to present hazards to adjoining properties
or to persons or vehicles traveling on public ways and shall be maintained
so as to enhance the appearance and value of the property on which
located, and thereby the appearance and value of the neighborhood
and City. The City, after due notice to the property owner, will cause
to be cut or trimmed nonconforming areas and place said cost as a
special charge due against the property.
(7)
General requirements.
(a)
Every interior floor, wall, and ceiling, including door and
window assemblies, shall be kept clean and in good repair, and shall
be capable of affording privacy. Any hazardous sagging or bulging
shall be properly repaired to a level or plumb position. All surfaces
shall be free from serious cracking, irregularities, and peeling paint.
A waterproof and hard surface shall be provided in spaces subject
to moisture. All surface repairs shall be completed to closely match
the existing surface color and texture. Floor surfacing shall provide
ease of maintenance and durability appropriate for the use of the
room.
(b)
Every foundation, exterior wall, and floor and roof shall be
reasonably weather tight, watertight and rodentproof and shall be
kept in proper repair and shall be capable of affording privacy. Any
hazardous sagging or bulging shall be properly repaired to a level
or plumb position. All chimneys and breaching shall be so constructed
and maintained so as to insure that it safely and properly removes
the products of combustion from the building.
(c)
Every gap allowing the accumulation of dirt or other objectionable
matter in bathing, toilet, or food preparation areas shall be tightly
sealed with an impervious and cleanable material.
(8)
Stairs. Every inside and outside stair, every porch, and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon,
and shall be kept in proper condition and repair and shall present
an attractive appearance. All interior and exterior stairs and steps
and every appurtenance thereto shall comply with the requirements
specified in §§ ILHR 21.04[1] or 51.16, 51.161, 51.162 and 51.164, Wis. Adm. Code, as
dictated by the type of occupancy in the building.
[1]
Editor's Note: See now § SPS 321.04, Wis. Adm.
Code.
(9)
Plumbing fixtures. Every plumbing fixture and water and waste pipe
shall be properly installed and maintained in good working condition,
free from defects, leaks, and obstructions.
(10)
Bathrooms. Every water closet compartment floor surface and
bathroom floor surface shall be properly 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.
(11)
Supplied facilities.
(a)
Every supplied facility, piece of equipment, or utility shall
be so constructed, installed, and maintained so that it will function
in a proper working condition.
(b)
The owner of any dwelling or apartment in which a cooking stove
and/or refrigerator are furnished for the use of the tenants as part
of a rental agreement shall keep such cooking stove and/or refrigerator
in good mechanical working condition.
(c)
It shall be the responsibility of the tenant to maintain supplied
facilities in a clean and sanitary condition when contained within
the tenant's dwelling unit.
(12)
Equipment removal restricted. No owner, operator, or occupant
shall cause any service, facility, equipment, or utility which is
required under this chapter to be removed from or shut off from or
discontinued for any occupied dwelling, dwelling unit, or lodging
room let or occupied by him, except for such temporary interruption
as may be necessary while actual repairs are in process, or during
temporary emergencies when discontinuance of service is approved by
an authorized inspector.
(13)
Abandoned fuel oil tanks. Abandoned fuel oil tanks shall be
removed from the building.
(14)
Removal of debris.
(a)
No person shall dispose of rocks, trees, stumps, waste building
material, or other debris from land development, building construction,
street grading, or installation of underground utilities upon the
surface of any land in the City, except at approved disposal sites.
(b)
No landowner shall allow an accumulation of rocks, trees, stumps,
waste building material or other debris from land development, building
construction, street grading, or installation of underground utilities
upon the surface of his land for a period of more than 10 days.
(c)
All vacant lands within the City shall be leveled off to permit
the mowing of weeds as outlined within this Code. This includes the
removal of stones, bottles, wires and other debris that will interfere
with mowing operations.
(d)
All lands in the City shall be kept free of weeds and maintained
so there is no detrimental influence to the public health, safety,
comfort or general welfare of the immediate neighborhood or community.
A.
Purpose. The purpose of this section is to establish minimum standards
for the quantity, location, and use of space in residential building
units so as to preserve and promote the public interest. A suitable
environment for safe, healthy, and desirable living can be enhanced
by providing adequate space and privacy for occupants of all residential
buildings.
B.
Size of dwellings and rooms.
(1)
Detached single-family dwellings. Every detached single-family dwelling
other than a mobile home shall have at least 500 square feet of floor
area on the first floor level.
(2)
Size of rooms.
(a)
Apartments. The floor area of an apartment shall provide not
less than 150 square feet of floor area for the first occupant and
at least 100 additional square feet of floor area for each additional
occupant.
(b)
Lodging rooms. The floor area of a lodging room shall provide
not less than 70 square feet of floor area for one occupant and 50
square feet for each additional occupant.
(4)
Hallways. Access to all lodging and sleeping rooms shall be from
a common hallway and not through bathrooms or other lodging and sleeping
rooms.
(5)
Cellar space. No cellar space shall be used as a sleeping room.
(6)
Basement use as a sleeping area. No basement space shall be used
for a sleeping room unless:
(a)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(b)
The total window area in each room is equal to at least the
minimum window area required in this chapter. The required minimum
window area must be located entirely above the grade of the ground
adjoining such window area.
(c)
The total of openable window area in each room is equal to at
least the minimum as required under this chapter, except where there
is supplied some other device affording adequate ventilation and approved
by the Building Inspector.
A.
Purpose. The purpose of this section is to fix the responsibility
of owners, operators, and occupants of residential buildings.
B.
Responsibilities. The responsibility of owners, operators, and occupants
of residential buildings is as follows:
(1)
Every owner of a residential building containing two or more dwelling
units shall be responsible for maintaining in a clean, proper, and
sanitary condition the shared or public areas of the residential building
and premises thereof.
(2)
Every occupant of a residential building shall keep in a clean, proper,
and sanitary condition that part of the residential building and premises
thereof which he occupies and controls, except the operator of every
lodging house shall be responsible for the sanitary maintenance of
all walls, floors, ceilings, and every other part of the lodging house.
Every occupant of a residential building shall dispose of all his
refuse, recyclables, and garbage as required by this Code of Ordinances.
(3)
Every owner of a residential building shall be responsible for hanging,
installation, and maintenance of all screens and double or storm doors
and windows, whenever the same are required under provisions of this
Code of Ordinances.
(4)
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents, or other
pests therein or on the premises and every occupant of a dwelling
unit in a residential building shall be responsible for such extermination
whenever his dwelling unit is the only one infested. Notwithstanding
the foregoing by failure of the owner to maintain a residential building
in a reasonable condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units or lodging rooms in any residential building or in the shared
or public parts of any residential building, extermination thereof
shall be the responsibility of the owner.
(5)
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
(6)
The owner or operator shall not occupy or let to another for occupancy
any space in a residential building unless it is clean, sanitary,
fit for human occupancy, complies with the requirements of this chapter
and compliance inspections/orders thereunder, and the occupancy is
limited to the maximum permitted thereby.
(7)
Every owner of a lodging house shall make available to the occupants
the names of two or more persons that may be called to arrange for
emergency work. The names with the telephone numbers shall be posted
in a conspicuous place readily accessible to the occupants. The names
with the telephone numbers shall be revised periodically to maintain
accurate information at all times.
(8)
The operator of every lodging house shall change supplied linen and
towels therein at least once each week and prior to the letting of
any room to any occupant. The operator shall be responsible for the
maintenance of all supplied bedding in a clean and sanitary condition.
The Building Inspector is authorized and empowered to inspect
all residential buildings within the City for the purpose of determining
whether or not said residential buildings comply with the requirements
of this chapter. If any owner or occupant denies the Building Inspector
entry into any residential building or portion thereof, the Building
Inspector is authorized to obtain inspection warrants from an appropriate
court and then enter and inspect said residential building pursuant
to the authority of such warrant. No owner of a residential building
may deny the Building Inspector of the right to enter and inspect
any portion thereof under the control of a tenant when the tenant
has consented to said entry and inspection.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following procedures and guidelines:
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Building Inspector:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health,
safety, or welfare of the occupants or of the public.
(2)
One which lacks illumination, ventilation, heating, basic equipment,
or sanitation facilities adequate to protect the health, safety, or
welfare of the occupants or of the public.
(3)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health, safety, or welfare of the occupants
or of the public.
(4)
One which, because of its general condition, location or appearance,
is a blighting influence or causes decreasing physical or monetary
value of property in the neighborhood.
B.
Any dwelling, dwelling unit, building or structure designated and
placarded as unfit for human habitation and in need of repair by the
Building Inspector shall be vacated within such a reasonable time
as is ordered by the Building Inspector.
C.
No building or structure or part thereof which has been designated
and placarded as unfit for human habitation and in need of repairs
or razing shall again be used for human habitation until written approval
is secured from, and such placard is removed by, the Building Inspector.
The Building Inspector shall remove such placard whenever the defect
or defects upon which the designation and placarding action were based
have been eliminated.
D.
No person shall deface or remove the placard from any building or
structure, or part thereof, which has been condemned as unfit for
human habitation and placarded as such.
E.
Any building or structure or part thereof designated as unfit for human habitation and in need of repairs or razing by the Building Inspector, which in the opinion of the Building Inspector would be unreasonable to repair, shall be razed or removed upon legal written service of the order of Building Inspector in accordance with § 140-15 of the municipal code.
F.
Vacant and damaged buildings.
(1)
Any building which has been vacant for more than 30 days for any
reason and has been damaged, illegally entered or vandalized shall
be secured against entry. This shall include adequately boarding up
doors, windows, and other openings in a workmanlike manner so as to
prevent illegal entry, vandalism or damage.
(2)
The building utilities, plumbing, electrical and heating systems
in vacant buildings shall be maintained at all times in a safe condition
or inactivated so as to prevent the possibility of damage to the structure
by the failure of such utilities and so as to prevent hazardous and
dangerous conditions.
(3)
When any building has been damaged by fire or other cause and when
hazardous or dangerous conditions exist and when such building cannot
be secured by conventional locking or boarding up of windows and doors,
such building shall be fenced off so as to prevent access and entry
to the structure and the area immediately surrounding the structure
within three days of the damage by fire or other cause.
A.
Notice.
(1)
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent, or the occupant, as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent or upon such occupant, if
a copy thereof is served upon him personally; or if a copy thereof
is sent by registered mail to his last-known address; or if a copy
thereof is posted in a conspicuous place in or about the dwelling
or dwelling unit affected by the notice; or if he is served with such
notice by any other method authorized or required under the laws of
this state.
(2)
The above notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
(a)
Whenever there has been notice of a violation issued to the
owner, the agent of any owner, or the occupant of property which is
in violation of this chapter, no further notice shall be necessary
for any reoccurrence of the violation prior to the commencement of
any forfeiture action or prior to seeking an injunction in a court
of record.
(b)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule
or regulations adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Building Inspector, provided that
such person shall file, in the office of the Building Inspector, a
written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the Building Inspector
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced no later than 10 days
after the day on which the petition was filed. Upon application of
the petitioner, the Building Inspector may postpone the date of the
hearing for a reasonable time beyond such ten-day period, if, in his
judgment, the petitioner has submitted a good and sufficient reason
for such postponement.
(c)
Following such hearing, the Building Inspector shall sustain,
modify, or withdraw the notice, depending upon his findings as to
whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with. If the Building
Inspector sustains or modifies such notice, it shall be deemed to
be an order. Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Building Inspector within 10 days after such notice
is served. Following a hearing in the case of any notice suspending
any permit required for this chapter or by any rule or regulation
adopted pursuant thereto, when such notice has been sustained by the
Building Inspector, the permit shall be deemed to have been revoked.
Any such permit which has been suspended by a notice shall be deemed
to be automatically revoked if a petition for hearing is not filed
in the office of the Building Inspector within 10 days after such
notice is served.
(d)
The proceedings at such hearing, including the findings and
decision of the Building Inspector, shall be summarized, reduced to
writing, and entered as a matter of public record. Such record shall
also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Building
Inspector may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
(e)
Whenever the Building Inspector finds that an emergency exists
which requires immediate action to protect the public health, safety,
or welfare, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Building Inspector
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Building Inspector shall continue such order in
effect, or modify it, or revoke it.
