[Code 1993, § 11.06(4); Ord. No.
14-2009, § 14, 10-26-2009]
(a)
No person shall occupy as owner, or let to another for occupancy,
any dwelling or dwelling unit within the scope of this article for
the purpose of living or sleeping therein, which does not comply with
the following requirements:
(1)
Toilets and lavatories. Every dwelling unit shall contain a
water flush toilet within a room which affords privacy to a person
in such room. Artificial light shall be provided. Toilet and lavatory
rooms shall be provided with reasonably adequate ventilation by mechanical
or natural means, and if by natural means, then the openings shall
not be less than 5% of the floor area, but they shall in no event
be less than 1 1/2 square feet in area. Every dwelling unit shall
also contain a lavatory basin, preferably, but not exclusively, in
the same room as the toilet. Such toilet and lavatory basins shall
be in good sanitary working order and connected to public water and
sewer systems where available at the lot line or property line; provided,
however, that a reasonably adequate and properly operating well and/or
septic system may be used if not prohibited by other ordinances or
other applicable governmental laws, statutes, regulations or orders.
(2)
Bathing facilities. Every dwelling unit shall contain, within
a room which affords privacy to a person in such room, a bathtub or
shower, in good sanitary working condition and connected to public
water and sewer systems, where available.
(3)
Lighting. Artificial light shall be provided in all common or
public spaces within a dwelling.
(4)
Kitchen facilities. Every dwelling or dwelling unit shall have
a specific kitchen space, which contains a sink with a counter, work
space, hot and cold running water, adequate space for installing cooking
and refrigeration equipment and for storing cooking utensils.
(5)
Water supply. Every lavatory basin, bathtub and shower shall
be connected with both hot and cold water lines.
(6)
Water heating facilities. Every dwelling unit shall have water
heating facilities supplied, which are properly installed, maintained
in a safe and good working condition, properly connected to the hot
water lines required under the provisions of Subsection (a)(4) and
(5) of this section and are capable of heating water to a temperature
so as to permit an adequate amount of water to be drawn at every required
lavatory basin, bathtub, shower or sink at a temperature of not less
than 110° F.
(7)
Insect protection. When flies are prevalent, at least one window
or door per habitable room and in each bathroom of a dwelling unit
opening into the outer air shall be effectively screened, and screen
doors, where used, shall be self-closing.
(8)
Rodent protection. Every opening to a basement or cellar which
might provide an entry for rodents shall be constructed or supplied
with a device so as to effectively prevent the entrance of rodents.
(9)
Space. Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and 100 square
feet of floor space for every additional occupant thereof, provided
that:
a.
The floor area shall be calculated on the basis of total habitable
room area.
b.
At least half of the floor area of every habitable room shall
have a ceiling height of at least seven feet, and the floor area of
that part of any room where the ceiling height is less than four feet
shall not be considered as part of the floor area in computing the
total floor area of the dwelling unit for determining the maximum
permissible occupancy.
c.
Each child over the age of one year shall count as one person
in the maximum permissible occupancy.
(10)
Bedroom space. A suitably private space used for sleeping shall
be provided in each dwelling unit. A bedroom shall not be used as
the only means of access to another habitable room, other than another
bedroom.
(11)
Egress. Every dwelling unit and lodging room shall have access
to at least two accessible, unobstructed means of egress leading to
a safe and open public street, alley or court.
(12)
Heating. Every dwelling or dwelling unit designed or intended
to be used, or actually used, for dwelling purposes, shall be equipped,
maintained and operated with a heating system which, at all times,
is capable of maintaining minimum temperatures of 68° F., in all
habitable rooms and 75° F., in all bathrooms and toilet compartments
with an outside temperature of - 20° F.
(13)
Electric service. Every habitable room shall contain at least
two separate floor or wall type electric convenience outlets, or one
such convenience outlet and one supplied ceiling type or wall type
electric fixture; and every water closet compartment, bathroom, laundry
room, furnace room and public hall shall contain at least one supplied
ceiling or wall type electric fixture. Every such outlet and fixture
shall be properly installed and shall be maintained in a good and
safe working condition, and shall be connected to the source of electric
power in a safe manner as required by the electrical code of the Village.
Each lodging room shall be provided with lamps or fixtures with incandescent
or equivalent bulbs having a total capacity of at least 150 watts.
(14)
Garbage disposal. Every dwelling shall have on the premises
a means of disposal or removal of trash and garbage. Where disposal
will not take place promptly, there shall be a convenient and appropriate
temporary and sanitary storage provided for trash and garbage, which
shall be inaccessible to rodents.
(15)
Light and ventilation. Every habitable room shall have outside
windows having a total area enclosed by the sash of at least one-tenth
of the floor area of the room, but not less than 12 square feet. The
top of at least one such window shall be not less than six feet above
the floor and at least 50% of the required window area must be openable.
One window in each habitable room and bathroom, and all doors opening
to the exterior of the dwelling shall be provided with a screen of
not less than no. 16 mesh, which will effectively prevent the entrance
of flies and mosquitoes. Every dwelling or dwelling unit having basement
windows or exterior basement doors shall have screens of not less
than no. 16 mesh on all doors and windows when open.
(16)
Basement and cellar space. No basement or cellar space may be
used as a habitable room or dwelling unit, except as provided in this
subsection. In one-family and two-family dwellings, kitchens and dining
rooms may be located in a basement area having its floor level not
more than three feet, six inches below the outside finish grade. A
basement space may be used as a living or sleeping room or dwelling
unit, provided its floor level is not more than three feet, six inches
below the outside finish grade, at any point, and the ceiling is four
feet or more above grade, at any point. Family or recreation rooms
may be located in basements or cellars, provided adequate ventilation
is provided.
[Code 1993, § 11.06(5)]
(a)
All dwellings and dwelling units shall comply with the following
requirements for maintenance:
(2)
Windows, doors and basement hatchways. Every window, exterior
door and basement hatchway shall be reasonably weathertight, waterproof
and rodentproof and shall be kept in a sound working condition and
good repair.
(3)
Stairs, porches and appurtenances. Every inside and outside
stair, porch and appurtenance thereto shall be constructed so as to
be safe to use and capable of supporting the load that normal use
would cause to be placed thereon, and shall be kept in a sound condition
and good repair.
(4)
Plumbing fixtures. Every plumbing fixture and water pipe required
under this article shall be maintained in a good and sanitary working
condition, free from defects, leaks and obstructions.
(5)
Toilet and bathroom floors. The floors of all toilet rooms and
bathrooms shall be constructed and maintained so as to be reasonably
impervious to water and easily cleaned.
(6)
Discontinuance of service. No owner, occupant or operator shall
cause any service, facility, equipment or utility which is required
under this article to be removed or shut off from, or discontinued
for, any occupied dwelling which is let or occupied by such person,
except for such temporary interruption as may be necessary while actual
repairs or alterations are in progress, or during a temporary emergency
when discontinuance of service is approved by the enforcing officer.
[Code 1993, § 11.06(6); Ord. No.
14-2009, §§ 15, 16, 10-26-2009]
(a)
Cleanliness. Every occupant of a dwelling or dwelling unit shall
keep that part of the dwelling, dwelling unit and premises thereof,
including the surrounding land and any accessory structures which
he occupies or controls, in a clean and sanitary condition and, prior
to moving, vacating or relinquishing occupancy or control, every occupant
of a dwelling or dwelling unit shall properly dispose of all garbage
and rubbish.
(b)
Disposal of rubbish. Every occupant of a dwelling or dwelling unit
shall dispose of all of his rubbish in a clean and sanitary manner
by placing it in rubbish containers of a type prescribed by the Village.
(c)
Disposal of garbage. Every occupant of a dwelling or dwelling unit
shall dispose of all his garbage, and any other organic waste which
might provide food for rodents, in a clean and sanitary manner by
placing it in garbage containers of a type approved by the Village.
(d)
Screens, storm windows and storm doors. Every owner shall furnish,
and every occupant of a dwelling or dwelling unit shall be responsible
for hanging, all screens and double or storm doors and windows whenever
such screens, doors and windows are required under the provisions
of this article, except where the owner has agreed to supply such
service. Screens shall be hung not later than June 1 of each year.
(e)
Extermination of pests. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of
any insects, rodents or other pests in or on the premises; and every
occupant of a dwelling unit in a dwelling containing more than one
dwelling unit shall be responsible for such extermination within the
unit occupied by him whenever his dwelling unit is the only one infested.
Notwithstanding such provisions, whenever infestation is caused by
the failure of the owner to maintain a dwelling in a reasonably ratproof
or insectproof condition, extermination shall be the responsibility
of the owner. Extermination of any infestation in an unoccupied dwelling
unit shall be the responsibility of the owner even though the condition
may have been caused by a previous occupant.
(f)
Use and operation of supplied fixtures and facilities.
(1)
Every occupant of a dwelling unit within the scope of this article
shall keep all plumbing fixtures supplied by the owner in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
(2)
Every occupant of a dwelling unit which is within the scope
of this article shall be responsible for the exercise of reasonable
care and proper use and operation of all heating facilities supplied
by the owner.
(3)
No person shall willfully or wantonly damage, mutilate or deface
any part of the residential real estate or fixtures, furnishings or
equipment supplied by the owner of any dwelling unit within the scope
of this article.
(g)
Definition. For the purposes of this section only, the term "occupant"
shall mean an occupant who is an adult or emancipated person.
[Code 1993, § 11.06(7); Ord. No.
14-2009, §§ 17 — 22, 10-26-2009]
(a)
No person shall operate a lodging house, or occupy or let to another
for occupancy any lodging room in any lodging house, except in compliance
with the following requirements:
(1)
Permit required. No person shall operate a lodging house unless
such person holds a valid lodging house permit issued by the Village
Clerk in the name of the operator and for the specific dwelling or
dwelling unit within which the lodging house is contained.
(2)
Permit application. The operator shall file, in duplicate, an
application for a lodging house permit in the office of the Village
Clerk upon application forms prepared by such office.
(3)
Application to and inspection by Building Inspector. Whenever
an application for a lodging house permit is filed for a lodging house
which does not have a valid permit, the Building Inspector shall inspect
the lodging house within 30 days of such filing to determine the maximum
number of persons which may occupy the lodging house in accordance
with the provisions of applicable zoning laws, and to ensure that
the lodging house conforms to the requirements of this article.
(4)
Permit issuance, display and transferability; fees; notice of disposal. When all applicable provisions of this article have been complied with by the operator, the building inspector shall issue a lodging house permit upon the payment of the fee imposed under § 46-431(a)(9), but the permit shall list the maximum number of persons that may reside in the total of all lodging rooms and shall at all times be displayed in a conspicuous place within the lodging house. No such permit shall be transferable. Every person holding such a permit shall give notice, in writing, to the building inspector within 30 days after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any lodging house. Such notice shall include the name and address of the person succeeding to the ownership or control of such lodging house.
(5)
Hearing on permit denial. Any person whose application for a permit to operate a lodging house has been denied may request and shall be granted a hearing on the matter before the health and sanitation appeal board under the procedure provided by § 38-64(h).
(6)
Relationship of permit to building and zoning codes. The issuance
of a lodging house permit shall not in any way signify or imply that
a lodging house conforms with the applicable state building code or
the building and zoning codes of the Village and county. The issuance
of a lodging house permit shall not relieve the owner or operator
of the responsibility for compliance with such building and zoning
codes.
(7)
Permit suspension. Whenever, upon inspection of any lodging
house, the building inpsector finds that conditions or practices exist
which are in violation of any provision of this article, the building
inspector shall give notice, in writing, to the operator of such lodging
house that unless such conditions or practices are corrected within
a reasonable period, to be determined by the building inspector, the
operator's lodging house permit will be suspended. At the end
of such period, the building inspector shall reinspect such lodging
house and, if he finds that such conditions or practices have not
been corrected, he shall give notice, in writing, to the operator
that the operator's permit has been suspended. Upon receipt of
notice of suspension, such operator shall immediately cease operation
of such lodging house and no person shall occupy, for sleeping or
living purposes, any lodging room in such lodging house.
(8)
Hearing after suspension. Any person whose permit to operate a lodging house has been suspended, or who has received notice from the building inspector that his permit is to be suspended, unless existing conditions or practices at his lodging house are corrected, may request, and shall be granted, a hearing on the matter before the health and sanitation appeal board, under the procedure provided by § 38-64(h), provided that, if no petition for such hearing is filed within 30 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
(9)
Toilets and lavatories. At least one flush toilet, lavatory
basin and bathtub or shower, properly connected to a municipal water
and sewer system and in good working condition, shall be supplied
within a lodging house for each eight persons, including the operator's
quarters or family whenever they share the use of such facilities;
provided, however, that a reasonably adequate and properly operating
well and/or septic system may be used, if not prohibited by other
ordinances or applicable governmental laws, statutes, regulations
or orders. All such facilities shall be located within the dwelling
so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities. Every lavatory basin and bathtub
or shower shall be adequately supplied at all times with hot water.
No such facilities shall be located in a basement.
(10)
Linens. The operator of every lodging house shall change supplied
bed linens 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
manner.
(11)
Area of sleeping rooms. Every room occupied by one person for
sleeping purposes shall contain at least 70 square feet of floor space,
and every room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of floor space for each occupant
thereof.
(12)
Exits. Every lodging room shall have at least two safe, unobstructed means of exit. The requirements of § 38-91(a)(11) shall be applicable to lodging houses.
(13)
Sanitary maintenance. The operator of every lodging house shall
be responsible for the sanitary maintenance of all walls, floors and
ceilings and the maintenance of a sanitary condition in every part
of the lodging house, and he shall further be responsible for the
sanitary maintenance of the entire structure or building leased or
occupied by the operator.
(14)
Rubbish storage. Adequate rubbish storage containers, the type
and location of which are approved by the Village, shall be supplied
by the lodging house operator. The operator shall be responsible for
the disposal of all rubbish in a clean and sanitary manner by placing
such rubbish in the required containers.
(15)
Garbage disposal or storage. Adequate garbage disposal facilities
or garbage containers, the type and location of which are approved
by the Village, shall be supplied by the lodging house operator. The
operator shall be responsible for the disposal of all garbage in a
clean and sanitary manner through the use of approved mechanical equipment
or by placing such garbage in the required containers.
(16)
Definition. As used in this section, the term "operator" shall include the term "owner," as defined in § 38-32.
(17)
Other applicable requirements. All other requirements of this
article not expressly inconsistent with the provisions of this section
shall also apply to lodging houses and lodging rooms.
