A. 
In the interpretation and enforcement of this chapter, all words other than the terms herein specifically defined shall have the meanings implied by their context in this chapter or their ordinarily accepted meanings as generally used.
B. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ACCESSORY STRUCTURE
A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on the same premises with a dwelling.
[Added 10-25-1973 by Ch. No. 1424]
APPROVED
As defined and specified by the Director of Zoning and Code Enforcement in rules and regulations adopted pursuant to the provisions of this chapter.
BASEMENT
That story of a building or dwelling located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.
CELLAR
A portion of a building or dwelling 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, as measured from finished floor to finished ceiling.
CENTRAL HEATING SYSTEM
A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
[Added 10-25-1973 by Ch. No. 1424]
DORMITORY
A room or group of rooms in a dwelling used for living and sleeping purposes by four or more persons.
[Added 10-25-1973 by Ch. No. 1424]
DWELLING
Any building or part thereof which is wholly or partly used or intended to be used for living and sleeping by one or more occupants. A "dwelling" may include one or more dwelling units or rooming units or a combination of both, provided that temporary housing, as hereinafter defined, shall be regarded as a "dwelling."
[Amended 10-25-1973 by Ch. No. 1424]
DWELLING PREMISES
The land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
DWELLING UNIT
Any room or group of rooms within a dwelling, and forming a single and separate habitable unit with facilities which are used or intended to be used for living, sleeping and regular cooking and eating.
FAMILY
One adult person plus one or more persons who are legally related to said person and residing in the same dwelling unit with said person.
[Added 10-25-1973 by Ch. No. 1424]
FLOOR SPACE
The horizontally projected floor area inside of and between exterior walls or partitions or any combination thereof, as measured within a habitable room exclusive of that portion of the habitable room which does not have a ceiling height of at least four feet.
GARBAGE
All combustible refuse.
GUEST
Any person who shares a dwelling unit in a nonpermanent status for not more than 30 days.
[Added 10-25-1973 by Ch. No. 1424]
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, and excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers or communicating corridors, closets and storage space.
HOUSEHOLD
A family and/or one or more unrelated persons, including servants and not more than two boarders, who share the same dwelling and use some or all of its cooking and eating facilities.
[Added 10-25-1973 by Ch. No. 1424]
INFESTATION
The presence within or around a dwelling or dwelling premises of rodents, vermin or other pests.
LEAD PAINT
Any pigmented, liquid substances applied to surfaces by brush, roller or spray in which the total nonvolatile ingredients contain more than 1% of lead, by weight, calculated as metallic lead.
[Added 10-25-1973 by Ch. No. 1424]
MULTIPLE DWELLING
Any dwelling containing more than three dwelling units.
OCCUPANT
Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a multiple dwelling or rooming house in which dwelling units or rooming units are let or offered for occupancy.
OWNER
Any person who, alone, jointly, severally or jointly and severally with others:
(1) 
Shall have legal or record title to any dwelling or dwelling premises; or
(2) 
Shall have charge, care or control of any dwelling or dwelling premises as agent of the owner, executor, administrator, trustee or guardian of the estate of the owner.
PLUMBING
Includes all of the following supplied facilities, equipment and devices: gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, installed dishwashers, garbage disposal units, installed clothes-washing machines, catch basins, wash basins, bathtubs, shower baths, waste and sewer pipes, cesspools, septic tanks, drainage fields, drains, vents, traps and any other gas-burning or water-using fixtures and appliances, together with all connections to water, waste and sewer or gas pipes.
PROPER or PROPERLY
As defined and specified herein or in rules and regulations adopted pursuant hereto. When not so defined or specified, such terms shall mean in accordance with the applicable provisions of this Code and other ordinances of the City.
ROOMING HOUSE
Any dwelling, including hotels, motels and boardinghouses or part thereof, which contains one or more rooming units, and in which space is occupied or intended to be occupied by five or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
RUBBISH
All noncombustible refuse.
SUPPLY or SUPPLIED
Paid for, furnished by or provided by the owner or operator.
TEMPORARY HOUSING
Any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days.
[Added 10-25-1973 by Ch. No. 1424]
TYPE A ROOMING UNIT
A single and separate habitable unit, consisting of not more than two rooms within a rooming house, with facilities which are used or intended to be used for living, sleeping, cooking and eating, but which does not have a private toilet and either a private bathtub or shower bath.
TYPE B ROOMING UNIT
Any room or group of rooms which form a single and separate habitable unit, which is used or intended to be used for living and sleeping, but not for cooking, within a rooming house which contains a community kitchen in which meals may be prepared by the occupants.
[Amended 7-25-1996 by Ch. No. 2420]
TYPE C ROOMING UNIT
Any room or group of rooms which form a single and separate habitable unit within a rooming house, used or intended to be used for living and sleeping, but not for cooking.
A. 
It is hereby found and declared that:
(1) 
There exist in the City numerous dwellings and dwelling premises which are substandard due to dilapidation, deterioration and disrepair; structural defects; uncleanliness; lack of adequate ventilation, light, sanitary, heating and hot water facilities; overcrowding of dwellings; occupancy of unfit dwellings; and other conditions and defects which increase the hazards of illness, disease, fire, accidents and other calamities; and
(2) 
These conditions, singly or in combination, endanger the health, safety, morals and general welfare of the people of the City and give impetus to the development, continuation, extension and aggravation of blighted and substandard housing conditions.
B. 
It is further declared that the establishment and enforcement of minimum standards for dwellings by the City is essential to the protection of the public health, safety, morals and general welfare.
The purpose of this chapter shall be to:
A. 
Protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises.
B. 
Establish minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary and fit for human habitation.
C. 
Fix certain responsibilities and duties of owners, operators and occupants of dwellings and dwelling premises.
D. 
Fix the conditions whereby certain dwellings may be declared unfit for occupancy and condemned for human habitation.
Every portion of a building or its premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter and with all rules and regulations adopted pursuant hereto. Such compliance shall be required irrespective of when such building shall have been constructed, altered or repaired. Such compliance shall also be required irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling or for the installation or repair of dwelling equipment prior to July 8, 1963. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment, except as they may be in conflict with the provisions of this chapter, as provided by § 247-15.
A. 
The Mayor shall appoint a Technical Steering Committee, consisting of five members to serve at his or her pleasure, provided that such members shall continue to serve until their successors shall have been appointed. It shall be the duty of the Technical Steering Committee to:
(1) 
Give advice and counsel to the Director of Zoning and Code Enforcement in matters relating to general overall policies of administration of this chapter.
(2) 
Report annually to the Mayor on such revisions in this chapter that the Committee deems necessary or desirable.
B. 
The members of the Committee shall serve without compensation. The Committee shall consist of a housewife, a businessperson, a representative of labor, a banker and a member of the City Council, such City Council member to serve on an annual rotating basis by districts, starting with District 1 and continuing through District 6, respectively.
[Amended 7-25-1996 by Ch. No. 2420]
It shall be the responsibility of the Division of Zoning and Code Enforcement to enforce the provisions of this chapter and such other matters is may be appropriately assigned to it.[1]
[1]
Editor's Note: Former Sections 17-7 and 17-8 (as amended), which immediately followed this section and dealt with personnel in the Division of Zoning and Code Enforcement and the Director, were repealed 7-25-1996 by Ch. No. 2420.
The Director of Zoning and Code Enforcement is authorized to make housing surveys in any area of the City to determine the general conditions of the dwellings in that area, the extent of deterioration, the lack of facilities and maintenance, the unsafe and insanitary conditions, the overcrowding which may exist and other matters included within the provisions of this chapter.
The Director of Zoning and Code Enforcement shall annually submit a written report to the Mayor and the City Council regarding the activities of the Division of Zoning and Code Enforcement and the procedures used in the administration and enforcement of this chapter, which will indicate the progress and problems experienced in improving the sanitation, safety and rehabilitation of existing dwellings and dwelling premises.
The Director of Zoning and Code Enforcement shall serve as the hearing officer within the Division of Zoning and Code Enforcement and as such, shall be responsible for the scheduling, conduct and recording of hearings as provided for in §§ 247-19 to 247-32, except that the Director may delegate these duties to any qualified employee of the Division.
Personnel of the Division of Zoning and Code Enforcement shall, upon request, exhibit clear identification whenever it shall be their duty to visit private residences, buildings or premises for the purpose of making any survey, examination or inspection.
Whenever the Director of Zoning and Code Enforcement determines that the condition of a dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire or health provision of this Code or other City ordinance or regulation adopted pursuant thereto, or any other ordinance, code or regulation of the City governing the condition and improvement of housing which is not provided for by this chapter, or which is provided for by a higher standard of such other ordinance, code or regulation, according to § 247-15, he or she shall refer such violations to the appropriate authority.
A. 
The Director of Zoning and Code Enforcement is hereby empowered to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter, to interpret and to secure the intent thereof, but no such rules and regulations shall be in conflict with the provisions of this chapter or any other ordinance of the City or have the effect of waiving any provisions of this chapter.
B. 
Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for a violation thereof shall be the same as the penalty for a violation of the provisions of this chapter.
C. 
Such rules and regulations shall be submitted to the City Council. Failure of the City Council to approve, reject or modify such rules and regulations within 90 days from the date of submission shall be deemed to constitute approval thereof by the City Council. Such rules and regulations, as approved by the City Council, shall be published in a newspaper of general circulation in the City and shall be effective 10 days after such publication.
Nothing in this chapter shall be deemed to abolish or impair any other remedies of the City or its officers or agencies relating to the removal or abatement of nuisances or to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary.
Whenever the provisions of this chapter require the construction, installation, alteration or repair of a dwelling or of its facilities, utilities or equipment, the required work shall be done in full compliance with the applicable provisions of the Building Code[1] of the City, except as provided in § 247-15.
[1]
Editor's Note: See Ch. 136, Building Construction, Art. II.
In any case where a provision of this chapter or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the City, the provision which established the higher standard for the promotion of the health and safety of the people shall prevail.
All departments, officials and employees of the City having the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling premises, dwelling equipment or facilities shall conform to the provisions of this chapter, and no permit or license for any construction, installation, repair, use or occupancy shall be issued if the same would be in conflict with the provisions of this chapter, except as provided in § 247-15. Any permit or license issued in conflict with the provision of this chapter, except as provided in § 247-15, shall be null and void.
[Amended 2-10-1994 by Ch. No. 2333]
A. 
Any person who shall violate any provision of this chapter or any provision of any rule or regulation adopted pursuant to the authority granted by this chapter shall be punished by a fine of not more than $500 for each offense or violation. Each day's failure to comply with any such provision shall constitute a separate violation.
[Amended 5-24-2018 by Ch. No. 3160]
B. 
The City Solicitor shall, upon complaint of the Director of Zoning and Code Enforcement, institute injunction, abatement or other appropriate actions or proceedings at law or in equity to restrain, prevent, enjoin, abate, correct or remove such violations. The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.