[HISTORY: Adopted by the City Council of
the City of Bradford 9-10-1962 as Ord. No. 2677. Amendments noted
where applicable.]
A.
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
(1)
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A portion of a building located partly underground but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
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.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing as hereinafter defined shall not be regarded as a "dwelling."
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating or trapping; or by any other recognized and legal
pest elimination methods approved by the Health Officer.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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, pantries, foyers or communicating
corridors, closets and storage spaces.
The legally designated health authority of the City of Bradford
or his authorized representative.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Any dwelling containing more than two (2) dwelling units.
Any person over one (1) year of age living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
The temperature fifteen degrees Fahrenheit (15º F.)
above the lowest recorded temperature for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
or dwelling unit as owner or agent of the owner or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and of rules
and regulations adopted pursuant thereto to the same extent as if
he were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste 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.
Any dwelling or that part of any dwelling containing one
(1) or more rooming units in which space is let by the owner or operator
to three (3) or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery 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 utilities system on the
same premises for more than thirty (30) consecutive days.
Whenever the words "dwelling," "dwelling unit,"
"rooming house," "rooming unit" and "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
A.
The Health Officer is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the City of Bradford
in order that he may perform his duties of safeguarding the health
and safety of the occupants of dwellings and of the general public.
For the purpose of making such inspections, the Health Officer is
hereby authorized to enter, examine and survey at all reasonable times
all dwellings, dwelling units, rooming units and premises.
B.
The owner or occupant of every dwelling, dwelling
unit and rooming unit or the person in charge thereof shall give the
Health Officer free access to such dwelling, dwelling unit or rooming
unit and its premises at all reasonable times for the purpose of inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his agent or employee access to any
part of such dwelling or dwelling unit or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
A.
Whenever the Health Officer 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.
(1)
Such notice shall:
(a)
Be put 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 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)
Such 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.
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 regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Health Officer,
provided that such person shall file in the office of the Health Officer
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the day
the notice was served. Upon receipt of such petition, the Health Officer
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 not later than ten (10)
days after the day on which the petition was filed, provided that,
upon application of the petitioner, the Health Officer 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.
After such hearing, the Health Officer shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within ten (10) days after such notice is served. After a hearing, in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Health Officer, 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 Health Officer within ten (10) days after such notice is served.
D.
The proceedings at such hearing, including the findings
and decision of the Health Officer, shall be summarized, reduced to
writing and entered as a matter of public record in the office of
the Health Officer. 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 Health Officer may seek relief therefrom in
any court of competent jurisdiction, as provided by the laws of this
state.
E.
Whenever the Health Officer finds that an emergency
exists which requires immediate action to protect the public health,
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 Health Officer shall be afforded a hearing
as soon as possible. After such hearing, depending upon his finding
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Health Officer shall continue such order in effect or modify it or
revoke it.
The Health Officer is hereby authorized to make
and, after a public hearing has been held in accordance with the laws
governing the conduct of public hearings by the Health Officer of
the City of Bradford, to adopt such written rules and regulations
as may be necessary for the proper enforcement of the provisions of
this chapter, provided that such rules and regulations shall not be
in conflict with the provisions of this chapter. The Health Officer
shall file a certified copy of all rules and regulations which he
may adopt with the Clerk of the City of Bradford. Such rules and regulations
shall have the same force and effect as the provisions of this chapter,
and the penalty for violation thereof shall be the same as the penalty
for violation of the provisions of this chapter, as hereinafter provided.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit, for the
purpose of living, sleeping, cooking or eating therein, which does
not comply with the following requirements:
A.
Every dwelling unit shall contain a kitchen sink in
good working condition and properly connected to a water and sewer
system approved by the Health Officer.
B.
Every dwelling unit shall contain a room which affords
privacy to a person within said room and which is equipped with a
flush water closet and a lavatory basin in good working condition
and properly connected to a water and sewer system approved by the
Health Officer.
C.
Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or shower
in good working condition and properly connected to a water and sewer
system approved by the Health Officer.
E.
Every dwelling unit shall be supplied with adequate
rubbish storage facilities, the type and location of which are approved
by the Health Officer.
F.
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, the type and location of
which are approved by the Health Officer.
G.
Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot-water lines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120º F.). Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 127-6E of this chapter are not in operation.
H.
Every dwelling unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the laws of this state and the City of Bradford.
[Amended 2-27-1968 by Ord. No. 2796]
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following
requirements:
A.
Every habitable room shall have at least one (1) window
or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be ten
percent (10%) of the floor area of such room. Whenever walls or other
portions of structures face a window of any such room and such light-obstruction
structures are located less than three (3) feet from the window and
extend to a level above that of the ceiling of the room, such a window
shall not be deemed to face directly to the outdoors and shall not
be included as contributing to the required minimum total window area.
Whenever the only window in a room is a skylight-type window in the
top of such room, the total window area of such skylight shall equal
at least fifteen percent (15%) of the total floor area of such room.
B.
Every habitable room shall have at least one (1) window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight-type window size, as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Health Officer.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Health Officer.
D.
Where there is electric service available from power
lines which are not more than three hundred (300) feet away from a
dwelling, every habitable room of such dwelling shall contain at least
two (2) separate floor- or wall-type electric convenience outlets
or one (1) such convenience outlet and one (1) supplied ceiling-type
electric light fixture, and every water closet compartment, bathroom,
laundry room, furnace room and public hall shall contain at least
one (1) supplied ceiling- or wall-type electric light fixture. Every
such outlet and fixture shall be properly installed, shall be maintained
in good and safe working condition and shall be connected to the source
of electric power in a safe manner.
E.
Every dwelling shall have heating facilities which
are properly installed, are maintained in safe and good working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located
therein to a temperature of at least seventy degrees Fahrenheit (70º
F.), at a distance three (3) feet above floor level, under ordinary
minimum winter conditions.
F.
Every public hall and stairway in every multiple dwelling
containing five (5) or more dwelling units shall be adequately lighted
at all times. Every public hall and stairway in structures devoted
solely to dwelling occupancy and containing not more than four (4)
dwelling units may be supplied with conveniently located light switches,
controlling an adequate lighting system which may be turned on when
needed, instead of full-time lighting.
G.
During that portion of each year when the Health Officer
deems it necessary for protection against mosquitoes, flies and other
insects, every door opening directly from a dwelling unit to outdoor
space shall have supplied screens and a self-closing device, and every
window or other device with openings to outdoor space used or intended
to be used for ventilation shall likewise be supplied with screens,
provided that such screens shall not be required during such period
in rooms deemed by the Health Officer to be located high enough in
the upper stories of buildings as to be free from such insects and
in rooms located in areas of this City of Bradford which are deemed
by the Health Officer to have so few such insects as to render screens
unnecessary.
H.
Every basement or cellar window used or intended to
be used for ventilation and every other opening to a basement which
might provide an entry for rodents shall be supplied with a screen
or such other device as will effectively prevent their entrance.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following
requirements:
A.
Every foundation, floor, wall, ceiling and roof shall
be reasonably weathertight, watertight and rodentproof, shall be capable
of affording privacy and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway
shall be reasonably weathertight, watertight and rodentproof and shall
be kept in sound working condition and good repair.
C.
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 sound condition and good repair.
D.
Every plumbing fixture and water and waste pipe shall
be properly installed and maintained in good sanitary working condition,
free from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition.
F.
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition.
G.
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 let or occupied by him, except for such temporary interruption
as may be necessary while actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
approved by the Health Officer.
H.
No owner shall occupy or let to any other occupant
any vacant dwelling unit unless it is clean, sanitary and fit for
human occupancy.
No person shall occupy or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Every dwelling unit shall contain at least one hundred
fifty (150) square feet of floor space for the first occupant thereof
and at least one hundred (100) additional square feet of floor space
for every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
B.
In every dwelling unit of two (2) or more rooms, every
room occupied for sleeping purposes by one (1) occupant shall contain
at least seventy (70) square feet of floor space, and every room occupied
for sleeping purposes by more than one (1) occupant shall contain
at least fifty (50) square feet of floor space for each occupant thereof.
C.
No dwelling or dwelling unit containing two (2) or
more sleeping rooms shall have such room arrangements that access
to a bathroom or water closet compartment intended for use by occupants
of more than one (1) sleeping room can be had only by going through
another sleeping room, nor shall room arrangements be such that access
to a sleeping room can be had only by going through another sleeping
room or a bathroom or water closet compartment.
D.
At least one-half (1/2) of the floor area of every
habitable room shall have a ceiling height of at least seven (7) feet,
and the floor area of that part of any room where the ceiling height
is less than five (5) feet shall not be considered as part of the
floor area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof.
E.
No cellar space shall be used as a habitable room
or dwelling unit.
F.
No basement space shall be used as a habitable room
or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness;
(2)
The total window area in each room is equal to at least the minimum window area sizes as required in § 127-6A of of this chapter;
(3)
Such required minimum window area is located entirely
above grade of the ground adjoining such window area; and
A.
Every owner of a dwelling containing two (2) or more
dwelling units shall be responsible for maintaining in a clean and
sanitary condition the shared or public areas of the dwelling and
the premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall
keep in a clean and sanitary condition that part of the dwelling,
dwelling unit and premises thereof which he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 127-5E of this chapter.
D.
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 the garbage disposal facilities or garbage storage containers required by § 127-5F of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
E.
Every occupant of a dwelling or dwelling unit shall
be responsible for hanging all screens and double or storm doors and
windows whenever the same are required under the provisions of this
chapter or of any rule or regulation adopted pursuant thereto, except
where the owner has agreed to supply such service.
F.
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 dwelling containing more than one (1) dwelling
unit shall be responsible for such extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing provisions
of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two (2) or more of the dwelling units
in any dwelling or in the shared or public parts of any dwelling containing
two (2) or more dwelling units, extermination thereof shall be the
responsibility of the owner.
G.
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.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with the provisions of every section of this chapter, except the provisions of §§ 127-5 and 127-9.
A.
No person shall operate a rooming house unless he
holds a valid rooming house permit issued by the Health Officer in
the name of the operator and for the specific dwelling or dwelling
unit. The operator shall apply to the Health Officer for such permit,
which shall be issued by the Health Officer upon compliance by the
operator with the applicable provisions of this chapter and of any
rules and regulations adopted pursuant thereto. This permit shall
be displayed in a conspicuous place within the rooming house at all
times. No such permit shall be transferable. Every person holding
such a permit shall give notice, in writing, to the Health Officer
within twenty-four (24) hours after having sold, transferred, given
away or otherwise disposed of ownership of, interest in or control
of any rooming house. Such notice shall include the name and address
of the person succeeding to the ownership or control of such rooming
house. Every rooming house permit shall expire at the end of one (1)
year following its date of issuance, unless sooner suspended or revoked
as hereinafter provided.
B.
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Health Officer, under the procedure provided by § 127-3 of this chapter.
C.
Whenever upon inspection of any rooming house the
Health Officer finds that conditions or practices exist which are
in violation of any provision of this chapter or of any rule or regulation
adopted pursuant thereto, the Health Officer shall give notice, in
writing, to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Health Officer, the operator's rooming house permit will be
suspended. At the end of such period, the Health Officer shall reinspect
such rooming 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 latter's permit has been suspended. Upon receipt
of notice of suspension, such operator shall immediately cease operation
of such rooming house, and no person shall occupy for sleeping or
living purposes any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended or who has received notice from the Health Officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Health Officer, under the procedure provided by § 127-3 of this chapter, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E.
At least one (1) flush water closet, lavatory basin,
and bathtub or shower, properly connected to a water and sewer system
approved by the Health Officer and in good working condition, shall
be supplied for each eight (8) persons or fraction thereof residing
within a rooming house, including members of the operator's family
wherever they share the use of said facilities, provided that in a
rooming house where rooms are let only to males, flush urinals may
be substituted for not more than one-half (1/2) the required number
of water closets. All such facilities shall be so located within the
dwelling 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 supplied with hot water at all times. No such facilities
shall be located in a basement except by written approval of the Health
Officer.
F.
The operator of every rooming house shall change supplied
bed 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
manner.
G.
Every room occupied for sleeping purposes by one (1)
person shall contain at least seventy (70) square feet of floor space,
and every room occupied for sleeping purposes by more than one (1)
person shall contain at least fifty (50) square feet of floor space
for each occupant thereof.
H.
Every rooming unit shall have safe, unobstructed means
of egress leading to safe and open space at ground level, as required
by the laws of this state and the City of Bradford.
I.
The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings and
for maintenance of a sanitary condition in every other part of the
rooming house, and he shall be further responsible for the sanitary
maintenance of the entire premises where the entire structure or building
is leased or occupied by the operator.
J.
Every provision of this chapter shall apply to the
following:
[Amended 3-26-2019 by Ord. No. 2677.1]
(1)
A
hotel, motel, inn, resort, guesthouse or bed-and-breakfast establishment;
(2)
A building, other than one listed under Subsection J(1), which is held out by any means, including advertising, license, registration with a hotelkeepers group, convention listing association, travel publication or similar association or with a government agency, as being able to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation;
(3)
A
place that advertises to the public that it will provide beds, sanitary
facilities or other space for a temporary period to members of the
public; or
(4)
A
place recognized as a hostelry, except for portions of a facility
which are devoted to persons who have established permanent residence;
(5)
A
facility utilized for social rehabilitation, substance abuse or mental
health problems that contains a group housing arrangement that provides
custodial care but does not provide medical care.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of unfit dwellings or dwelling units shall be carried
out in compliance with the following requirements:
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 Health
Officer:
(1)
One which is so damaged, decayed, dilapidated, insanitary,
unsafe or vermin-infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
(3)
One which because of its general condition or location
is insanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
B.
Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Health Officer
shall be vacated within a reasonable time as ordered by the Health
Officer.
C.
No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Health Officer. The Health Officer shall remove
such placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
[Amended 2-27-1968 by Ord. No. 2796; 6-11-1974 by Ord. No. 2922]
Any person who shall violate any provision of
this chapter, or any provision of any rule or regulation adopted by
the Health Officer pursuant to authority granted by this chapter,
upon conviction before the District Justice, shall be subject to a
penalty of not more than three hundred dollars ($300.) or to imprisonment
for not more than ninety (90) days, or both, and each day's failure
to comply with any provision shall constitute a separate violation.
The definitions contained in § 127-1 of this chapter regulating supplied facilities, maintenance and occupancy of dwellings and dwelling units, together with the definitions contained in this section, shall apply in the interpretation and enforcement of these regulations:
The Housing Ordinance of the City of Bradford regulating
supplied facilities, maintenance and occupancy of dwellings and dwelling
units.
[1]No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to plumbing and plumbing fixtures unless:
A.
All plumbing is so designed and installed as to prevent
contamination of the water supply through backflow, backsiphonage
and any other method of contamination.
B.
All plumbing is so designed and installed that no
potable water supply line or plumbing fixture is directly connected
to a nonpotable water supply.
C.
Every water supply line is so constructed that there
is no possibility of a cross-connection between a potable and nonpotable
water supply.
D.
Every water supply line is in good working condition
and every valve therein is in good working condition.
E.
Every water supply inlet is located above the flood
level of any installed sink, lavatory, bathtub or automatic washing
machine and similar water-using fixture or above some unobstructible
overflow thereof and there are no submerged inlets, except submerged
inlets installed with a vacuum breaker of a type approved by the Health
Officer.
F.
The waste line of every water-using fixture is trapped.
G.
Every waste line drains freely without obstruction
or leaks.
H.
All plumbing and plumbing fixtures are maintained
in good working condition and all plumbing fixtures are kept clean.
I.
Water pressure is adequate to permit a proper flow
of water from all open water faucets at all times.
J.
Every water closet is of the trap type, with facilities
for safe and clean flushing.
K.
No water closet is of the so-called "flush hopper,"
"frostproof hopper" or similar type.
No dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to rubbish storage and disposal unless:
A.
Rubbish stored outdoors is stored in one (1) or more
rubbish storage boxes or containers which are flytight, rodentproof,
nonflammable and reasonably waterproof.
B.
Rubbish stored in the basement or cellar or in an
enclosed structure, such as a shed, is stored in nonflammable containers.
C.
No loose rubbish is placed upon or strewn about on
the floor of any basement or cellar or other part of any dwelling
or on the ground surrounding any dwelling.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to garbage and garbage storage and disposal unless:
A.
Garbage is disposed of in a garbage incinerator located
within the dwelling and installed and operated in a sanitary manner.
(1)
Garbage is disposed of in one (1) or more flytight
and watertight metal garbage storage containers equipped with tightly
fitting metal covers, no one of which is smaller than fifteen (15)
gallons in capacity or larger than thirty (30) gallons in capacity;
or
(2)
Garbage is disposed of in a garbage grinder which
grinds garbage finely and is discharged into the kitchen sink drain
in a sanitary manner.
B.
Every outside garbage storage container is so maintained
and so located on the premises that no odors will permeate any dwelling
or dwelling units.
C.
Every garbage storage container is cleaned at least
weekly.
D.
No loose garbage is placed upon or strewn about on
the floor of any basement or cellar or any other part of any dwelling
or on the ground surrounding any dwelling.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to gas facilities unless:
A.
All gas-burning hot-water heaters and space heaters
are properly vented to a chimney or duct leading to outdoor space.
B.
Every gas pipe is sound and tightly put together,
with no leaks.
C.
No gas pipe is corroded or obstructed so as to reduce
gas pressure or volume.
D.
Every gas appliance is connected to a gasline with
solid metal piping.
E.
Gas pressure is adequate to permit a proper flow of
gas from all open gas valves at all times.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to electric wiring and facilities unless:
A.
Every exposed electric wire has insulation which is
in good condition.
B.
Every switch plate and outlet plate is properly fastened
in position.
C.
No short circuit or break exists in any electric line.
D.
Every fixture and outlet functions properly and is
properly fastened in place.
E.
No obvious shock hazard exists.
F.
No temporary wiring is used, except extension cords
which run directly from portable electric fixtures to convenience
outlets and which do not lie underneath floor-covering materials or
extend through doorways, transoms or other similar apertures through
structural elements.
G.
No electric circuit is overloaded as a result of connecting
appliances which operate at high wattages to outlets supplied with
wire of inadequate size.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to heating and heating facilities unless:
A.
When the dwelling or dwelling unit is heated by a
central heating system:
B.
When the dwelling or dwelling unit is heated by space
heaters:
(1)
Every space heater burning solid, liquid or gaseous
fuels is properly vented to a chimney or duct leading to outdoor space.
(2)
Every coal-burning space heater has a fire-resistant
panel beneath it.
(3)
Every space heater located close to a wall is equipped
with insulation sufficient to prevent overheating of the wall.
(4)
Every space heater smokepipe is equipped with guards
made of metal or other nonflammable material at the point where the
pipe goes through a wall, ceiling or partition.
C.
There are no portable heaters burning solid, liquid
or gaseous fuels.
D.
Every smokepipe and every chimney is adequately supported,
reasonably clean and maintained in such condition that there will
be no leakage or backing up of noxious gases.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to lighting unless every public hall, stairway and foyer has sufficient lighting through windows or from electric lights to provide illumination of at least one (1) footcandle on every part of such areas at all times of the day and night, except as otherwise provided by § 127-6F of this chapter.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to exclusion of insects and rodents unless:
A.
During the period beginning on the first day of May
and ending on the 30th day of September in each year, every door opening
directly from a dwelling unit to outdoor space is supplied with a
screen of not less than sixteen (16) mesh per inch and a self-closing
device in good operating condition and every window or other device
with openings to outdoor space, used or intended to be used for ventilation,
is supplied with a screen of not less than sixteen (16) mesh per inch.
B.
Every basement or cellar window is supplied with a
heavy wire screen of not larger than one-fourth-inch mesh which fits
tightly and is securely fastened.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to foundations, floors, walls, ceilings and roofs unless:
A.
The foundation elements adequately support the building
at all points.
B.
Every floor is free of holes and wide cracks which
might admit rodents or which constitute a possible accident hazard.
C.
Every floor is free of loose, warped, protruding and
rotting floor boards.
D.
Every exterior wall is free of holes, breaks, loose
or rotting boards and timbers and any other conditions which might
admit rodents, rain or dampness to the interior portions of the walls
or to the interior spaces of the dwelling.
E.
Every interior wall and ceiling is free of holes and
large cracks.
F.
Every interior wall and ceiling is free of loose plaster
and other structural material, the collapse of which might constitute
an accident hazard.
G.
Plaster, paint and all other surface materials are
of such character as to be easily cleanable and are reasonably smooth,
clean and tight.
H.
The roof is tight and has no defects which admit rain.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to windows, exterior doors and basement hatchways unless:
A.
Every window is fully supplied with windowpanes which
are without open cracks or holes.
B.
Every window sash is in good condition and fits reasonably
tightly within its frame.
C.
Every window, other than fixed windows, is capable
of being easily opened and held in open position by window hardware.
D.
Every exterior door, door hinge and door latch is
in good condition.
E.
Every exterior door, when closed, fits reasonably
well within its frame.
F.
All windows and doors and their frames are constructed
and maintained in such relation to wall construction as completely
to exclude rain and substantially to exclude wind from entering the
structure.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to stairways and porches unless:
A.
Every flight of stairs and porch is free of holes,
grooves and cracks which are large enough to constitute possible accident
hazards.
B.
Every stairwell and every flight of stairs which is
more than two (2) risers high has rails not less than two (2) feet
six (6) inches, measured vertically from the nose of the treads to
the top of the rail, and every porch which is more than two (2) risers
high has rails not less than three (3) feet six (6) inches above the
platform.
C.
Every rail and balustrade is firmly fastened and is
maintained in good condition.
D.
No flight of stairs has settled more than one (1)
inch out of its intended position or has pulled away from supporting
or adjacent structures.
E.
No flight of stairs has rotting or deteriorating supports.
F.
The treads of every flight of stairs are uniform in
height.
G.
Every stair tread is sound and is securely fastened
in position.
H.
Every stair tread is strong enough to bear a concentrated
load of at least four hundred (400) pounds without danger of breaking
through.
I.
Every porch has a sound floor.
J.
No porch has rotting or deteriorating supports.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to water closet compartment and bathroom floors unless:
A.
Every water closet compartment floor and bathroom
floor is made of terrazzo, tile, smooth concrete, dense hardwood with
tightly fitting joints, rubber, asphalt tile, linoleum or other similar
material providing a surface which is reasonably impervious to water
and is easily cleanable; or
B.
Such floor is made of one of the denser soft woods,
with tightly fitting joints, and is covered with varnish, lacquer
or other similar coating providing a surface which is reasonably impervious
to water and is easily cleanable.
No dwelling or dwelling unit shall be deemed to comply with the requirements of Article I of this chapter relating to general sanitation unless:
A.
Every floor and floor covering is kept reasonably
clean and is not littered or covered with dirt, dust, garbage, human
or animal fecal matter or any other insanitary thing.
B.
Every wall and ceiling is reasonably clean and is
not littered or covered with dust, dirt, cobwebs or greasy film.
C.
No stagnant water is allowed to accumulate or stand
anywhere about the premises.
