CHAPTER 15.1
Housing Standards.[150]
Article I. In General.
§ 15.1-1. Definitions.
§ 15.1-2. Inspection of premises.
§ 15.1-3. Repealed.
§ 15.1-3.1. Notice of violation.
§ 15.1-3.2. Appeal of order of enforcing officer.
§ 15.1-3.3. Variations and modifications.
§ 15.1-4. Repealed.
§ 15.1-5. Emergency action.
§ 15.1-6. Administrative liability of health department and city employees.
§ 15.1-7. Conflicting ordinances.
§ 15.1-7.1. Failure to comply with order of enforcing officer.
§ 15.1-7.2. Transfer of ownership or occupancy of noncomplying dwelling units.
Article II. Housing Board of Adjustments and Appeals.
§ 15.1-8. Established; membership; appointment of members.
§ 15.1-9. Term of office of members; vacancies; maximum number of terms.
§ 15.1-10. Quorum; minimum vote required for action; conflict of interest.
§ 15.1-11. Meetings; procedure.
§§ 15.1-12 to 15.1-14. Repealed.
Article III. Responsibilities of Owners and Occupants of Dwellings.
§ 15.1-15. General responsibilities of owners.
§ 15.1-16. General responsibilities of occupants.
§ 15.1-17. Responsibilities of owners and occupants when premises are infested.
Article IV. Minimum Standards for Basic Equipment and Facilities.
§ 15.1-18. Minimum kitchen and bathroom equipment.
§ 15.1-19. Minimum heating facilities.
§ 15.1-20. Electric service.
Article V. Minimum Standards for Light and Ventilation.
§ 15.1-21. Minimum window area.
Article VI. Minimum Standards for Space and Use.
§ 15.1-22. "Occupant" defined for purposes of article.
§ 15.1-23. Floor area requirements.
§ 15.1-23.1. Minimum standards for adequate egress.
§ 15.1-24. Repealed by ordinance passed November 20, 1967.
§ 15.1-25. Cellars.
§ 15.1-26. Basements.
Article VII. Minimum Standards of Maintenance.
§ 15.1-27. Protection against vermin.
§ 15.1-28. Stairways.
§ 15.1-29. Interruption of utilities and services.
Article IX. Rooming Houses, Lodging Houses, and Hotels.
§ 15.1-30. Minimum standards.
§ 15.1-31. Permit — Required; display; term; notice of transfer of ownership.
§ 15.1-32. Same—Suspension by enforcing officer.
§ 15.1-33. Same—Hearing on suspended permit.
Article X. Dwellings Unfit for Human Habitation.
§ 15.1-34. Grounds for condemnation of unfit dwellings.
§ 15.1-35. Placarding of condemned dwellings.
§ 15.1-36. Use of condemned buildings prohibited; removal of placard upon
correction of defects.
§ 15.1-37. Unauthorized removal of placard.
§ 15.1-38. Hearing on condemnation order.
§ 15.1-39. Correction or removal of unfit buildings.
§ 15.1-40. Period during which dwellings shall not be placarded or remain vacant.
Article I. In General.
Sec. 15.1-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Basement. A story having part but not more than one-half of
its height below grade. A basement is counted as a story for the
purpose of height regulations if subdivided and used for business
or dwelling purposes by others than a janitor employed on the
premises.
Cellar. A story having more than one-half its height below
grade.
Dwelling. Any building which is wholly or partly used or
intended to be used for living or sleeping by human occupants.
Dwelling unit. Any room or group of rooms forming a single
habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.
Enforcing officer. The city housing inspector, who shall be
employed in the public works department, subject to the
supervision and control of the superintendent of inspections.
Extermination. The control and elimination of insects, rodents
or other pests by eliminating their harborage places, by removing
or making inaccessable materials that may serve as their food, by
poisoning, spraying, fumigating, trapping or by any other
recognized and legal pest elimination methods approved by the
enforcing officer.
Garbage. The animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Grade. With reference to a building, such term shall mean,
when the curb level has been established, the mean elevation of
the curb level opposite those walls that are located on, or parallel
with and within fifteen feet of street lines; or, when the curb level
has not been established, or all the walls of the building are more
than fifteen feet from street lines, "grade" means the average of
the finished ground level at the center of all walls of a building.
Habitable room. A room occupied or designed to be occupied by
one or more persons for living, eating or sleeping, but not
including toilets, laundries, serving and storage space, corridors,
cellars, halls and spaces not used frequently or during extended
periods.
Infestation. The presence of household pests, vermin or rodents
on the premises.
Multiple dwelling. A building or portion thereof designed for
occupancy by three or more families.
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
building or part thereof in which dwelling units or rooming units
are let.
Ordinary minimum winter conditions. The temperature twenty
degrees Fahrenheit above the lowest recorded temperature for the
previous fifteen year period.
Owner. Any person who, alone or jointly, or severally with
others:
(a) Shall have legal title to any dwelling or dwelling unit; or
(b) Shall have charge, care or control of any dwelling or
dwelling unit, as owner or agent of the owner, or guardian of the
estate of the owner.
Plumbing. All gas pipes or burning equipment, waste pipes,
water pipes, water closets, sinks, lavatories, bathtubs,
catchbasins, drains, vents or other fixtures, together with their
connections to the water, sewer or gas lines.
Premises. Any land, together with any buildings or structures
occupying it.
Rooming house. Any dwelling or that part of any dwelling
containing one or more rooming units, in which space is let by the
owner or operator to three or more persons, who are not husband
or wife, son or daughter, mother or father, or sister or brother of
the owner or operator.
Rooming unit. 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. (10-5-64; 3-3-69; 7-2-73.)
Sec. 15.1-2. Inspection of premises.
The enforcing officer is hereby authorized and directed to
make inspections to determine the condition of dwellings,
dwelling units, rooming houses and premises located within
the city. For this purpose, the enforcing officer or his representative
duly designated is authorized to execute such powers
as may be necessary and convenient to carry out the purposes
and provisions of this chapter, including but not limited
to the following powers:
(a) To investigate dwelling conditions of the city.
(b) To enter upon premises for the purpose of making inspections;
provided, that such entries shall be made in such
manner as to cause a minimum of inconvenience to persons
in possession.
The city manager is hereby authorized to make and adopt such
written rules and regulations as may be necessary for the proper
enforcement of this chapter; provided, that such rules and
regulations shall be subject to the approval of the city council,
which approval shall be given only after council has followed the
same procedure it uses for adoption of general ordinances. Such
rules and regulations of enforcement shall not be in conflict with
the provisions of this chapter and shall become effective on the
date following final approval by city council. The penalty for
violation thereof shall be the same as the penalty for violation of
any provision of this Code. (10-5-64; 3-3-69; 7-2-73.)
Sec. 15.1-3. Repealed by Ordinance adopted August 19, 1974.
Sec. 15.1-3.1. Notice of violation.
Whenever the enforcing officer determines that there has been
a violation of any provision of this chapter, he shall give written
notice of each violation to the person or persons responsible
therefor and order compliance with this chapter, as hereinafter
provided. Such notice and order shall:
(a) Include a list of alleged violations, together with a copy of
the sections of this chapter violated and remedial action, which, if
taken, will effect compliance with the provisions of this chapter.
(b) Be served upon the owner or occupant, as the case may
require, at their last known address by certified mail, return
receipt requested. Should delivery of such notification be refused,
or if the whereabouts of such person is unknown and cannot be
ascertained by the enforcing officer in the exercise of reasonable
diligence, the enforcing officer will make affidavit to such effect
and cause such notice to be published in a newspaper published in
this city once a week for two consecutive weeks.
(c) Order the notified person or his designated representative
to correct the violation at once or appear in a hearing before the
enforcing officer at a specified time not less than ten nor more than
fourteen days after the date said notice of violation is received or
after publication of such notice; provided, that after the owner
has received notice of violation, if the property becomes vacant, it
shall remain vacant until the acts required by the notice have
been performed; and further provided, that no occupant shall be
ejected by an owner or operator from the premises which are the
subject of any such notice, except for non-payment of rent, until
the acts required by the order are performed. A violation of this
section shall be a misdemeanor punishable as provided in section
1-5 of this Code.
(d) Upon conclusion of such hearing, the enforcing officer may
declare such order to be in full force or effect or may modify the
same upon a finding that any or all of the alleged violations do not
exist or have been corrected or may establish, by agreement with
the violator or otherwise, an extended time for compliance with
the provisions of such order; provided, however, that in any case
in which the enforcing officer extends the time for compliance
with such order by more than twenty-one days, he shall estimate
the cost of repairs and improvements necessary to effect
compliance with the order and shall require the violator to
provide bond with a surety adequate to guarantee the completion
by the time established in such order of such repairs or
improvements. The city attorney is authorized to accept instead
of corporate surety, a letter of credit, joint savings account,
escrow agreement, or where the value of such improvements and
repairs does not exceed five hundred dollars, a certified check or
other pledge or deposit of collateral which the City Attorney may
consider satisfactory to insure compliance. (8-19-74, § 2.)
Sec. 15.1-3.2. Appeal of order of enforcing officer.
(a) Any person aggrieved by the decision of the enforcing
officer which has been rendered in accord with the above
provisions shall have the right of appeal to the housing board of
adjustments and appeals.
(b) Notice of appeal shall be in writing and filed with the
enforcing officer within ten days after entry of a final order of the
enforcing officer pursuant to section 15.1-3.1.
(c) Any appeal which is filed with the housing board of
adjustments and appeals must be heard by that board within ten
days of its receipt.
(d) A decision must be rendered within twenty-one days after
hearing the appeal. (8-19-74, § 2.)
Sec. 15.1-3.3. Variations and modifications.
(a) The housing board of adjustments and appeals, when so
appealed to and after a hearing within ten days of the appeal,
may vary the application of any provision of this chapter to any
particular case, when in its opinion, the enforcement thereof
would do manifest injustice and be contrary to the spirit and
purpose of this chapter or public interest, or when, in its opinion
the interpretation of the enforcing officer should be modified or
reversed.
(b) A decision of the housing board of adjustments and appeals
to vary the application of any provision of this chapter or to
modify an order of the enforcing officer shall specify in what
manner such variation or modification is made, the conditions
upon which it is made and the reasons therefor.
(c) In any case in which the housing board of adjustments and
appeals modifies or varies the order of the enforcing officer by
extending the time for compliance therewith, the board shall
estimate the cost of repairs or improvements and require the
violator to furnish a bond as in like manner as provided in section
15.1-3.1 (d).
(d) Every decision of the housing board of adjustments and
appeals shall be final; subject, however, to such remedy as any
aggrieved party might have at law or in equity. Every such
decision shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the
office of the enforcing officer and shall be open to public
inspection. A certified copy shall be sent by mail or otherwise to
the appellant and a copy shall be kept posted in the office of the
enforcing officer for two weeks after filing. (8-19-74, § 2.)
Sec. 15.1-4. Repealed by Ordinance adopted August 19, 1974.
Sec. 15.1-5. Emergency action.
Whenever the enforcing officer finds that an emergency exists
which requires immediate action to protect the health and safety
of the occupants of a particular building or of the public, he may
issue an order reciting the existence of an emergency and
requiring immediate action to be taken as deemed necessary to
meet the emergency. Regardless of other provisions of this
chapter, such order shall take effect immediately and any person
to whom such order is directed shall comply therewith
immediately; however, upon petition such person shall be
afforded a hearing before the housing board of adjustments and
appeals within twenty-four hours. After such hearing, depending
upon its findings as to whether the provisions of this chapter have
been complied with, the housing board of adjustments and
appeals shall continue, modify or revoke such order. (10-5-64.)
Sec. 15.1-6. Administrative liability of health department and
city employees.
No officer, agent or employee of the joint health department or
of the city shall be personally liable for any damage that may
accrue to persons or property as a result of any action required or
permitted in the discharge of his duties under this chapter.
(10-5-64.)
Sec. 15.1-7. Conflicting ordinances.
Whenever the regulations contained in this chapter impose
higher requirements than regulations contained in other
provisions of this Code or other city ordinances, the regulations of
this chapter shall prevail. (10-5-64.)
Sec. 15.1-7.1. Failure to comply with order of enforcing
officer.
Failure to comply with the final order of the enforcing officer
or of the housing board of adjustments and appeals after all
rights of appeal have been exhausted or waived shall constitute a
misdemeanor punishable as provided in section 1-5 of this Code.
The penalties provided thereunder shall be in addition to and not
in lieu of, any forfeiture of performance bond posted to guarantee
compliance with such order. (8-19-74, § 2.)
Sec. 15.1-7.2. Transfer of ownership or occupancy of
noncomplying dwelling units.
It shall be unlawful for the owner of any dwelling unit who has
received a violation order in accordance with the provisions of this
article to sell, lease or otherwise transfer title or possession of
such dwelling unit to another until the provisions of the violation
order have been complied with, or until such owner shall first
have furnished to the grantee, lessee, or transferee, a true copy of
any such violation order as issued by the enforcing officer or as
modified by the housing board, and have furnished to the
enforcing officer a signed and notarized statement from the
grantee, lessee, or transferee acknowledging the receipt of such
violation order. Failure to comply with this section shall be
deemed a misdemeanor and shall be punishable as provided in
section 1-5 of this Code. (8-19-74, § 2.)
Article II. Housing Board of Adjustments
and Appeals.
Sec. 15.1-8. Established; membership; appointment of members.
There is hereby established in the city a board to be called the
housing board of adjustments and appeals, which shall consist of
seven members appointed by the city council. (10-5-64; 11-27-74.)
Sec. 15.1-9. Term of office of members; vacancies; maximum
number of terms.
Of the members first appointed to the housing board of adjustments
and appeals, two shall be appointed for a term of one year,
two for a term of two years and one for a term of three years.
Members of the board in office on November one, nineteen
hundred seventy-four, shall continue in office until the expiration
of the terms for which respectively appointed. Subsequent
appointments shall be made by the city council for terms of four
years each. Vacancies shall be filled for an unexpired term in the
manner in which original appointments are required to be made.
Continued absence of any member from regular meetings of the
board shall, at the discretion of the city council, render such
member liable to immediate removal from office. No member
shall serve more than two consecutive four year terms. (10-5-64;
11-27-74.)
Sec. 15.1-10. Quorum; minimum vote required for action;
conflict of interest.
Four members of the housing board of adjustments and appeals
shall constitute a quorum. In varying the application of any
provisions of this chapter or in modifying an order of the
enforcing officer, affirmative votes of the majority present, but
not less than four affirmative votes, shall be required. No board
member shall act in a case in which he has a personal interest.
(10-5-64; 11-2-74.)
Sec. 15.1-11. Meetings; procedure.
The housing board of adjustments and appeals shall establish
rules and regulations for its own procedure not inconsistent with
the provisions of this chapter. The board shall meet at regular
intervals, to be determined by the chairman, or in any event, the
board shall meet within ten days after notice of appeal has been
received. (10-5-64.)
Secs. 15.1-12 to 15.1-14. Repealed by Ordinance adopted August
19, 1974.
Article III. Responsibilities of Owners and
Occupants of Dwellings.
Sec. 15.1-15. General responsibilities of owners.
Except where such responsibility is assumed by an operator or
occupant in a written agreement, every owner of a dwelling or
dwelling unit shall be responsible for the maintenance, sanitation
and good operating condition of such dwellings and premises
thereof and shall keep the roof in such condition so that it will not
leak, and so that all surplus water shall be conveyed therefrom, as
not to cause dampness in the walls or ceilings. (10-5-64.)
Sec. 15.1-16. General responsibilities of occupants.
Every occupant of a dwelling or dwelling unit shall:
(a) Maintain in a clean and sanitary condition that part of the
premises which he occupies.
(b) Dispose of his garbage or other organic or human waste by
disposal facilities in accordance with applicable provisions of this
Code and other city ordinances. It shall be the responsibility of
the owner or occupant to provide the necessary nonleaking
containers as required by the provisions of this Code and other
city ordinances.
(c) Keep all plumbing fixtures in a clean and sanitary condition
and exercise reasonable care in the use and operation thereof.
(10-5-64.)
Sec. 15.1-17. Responsibilities of owners and occupants when
premises are infested.
Every occupant of a single-family dwelling shall be responsible
for the extermination of any insects, rodents or other pests which
shall infest the premises, including accessory buildings. Every
occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination
whenever his dwelling unit is the only one infested. 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 or more of the dwelling units in any
dwelling or in the shared or public parts, such as hallways, utility
closets, laundry rooms, porches, yard, etc., of any dwelling
containing two or more dwelling units, extermination thereof
shall be the responsibility of the owner. (10-5-64.)
Article IV. Minimum Standards for Basic
Equipment and Facilities.
Sec. 15.1-18. Minimum kitchen and bathroom equipment.
No owner shall occupy 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
sewerage system approved by the enforcing officer.
(b) Every dwelling unit (except as otherwise permitted under
subsection (c) of this section) shall contain a room, separate from
habitable rooms, affording privacy and equipped with a flush
water closet, a lavatory basin and bathtub or shower, all properly
connected to a water and sewerage system approved by the
enforcing officer.
(c) Every dwelling shall have supplied water-heating facilities
which are properly installed, are maintained in safe and good
working condition, and are capable of heating water to a
minimum temperature of one hundred twenty degrees
Fahrenheit. When hot water is provided by a landlord, the
minimum temperature of the water so furnished shall be one
hundred twenty degrees Fahrenheit. (10-5-64; 6-19-67; 11-20-67;
3-3-69.)
Sec. 15.1-19. Minimum heating facilities.
Every dwelling shall have heating facilities which are properly
installed, and maintained in safe and good 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 at a distance of five feet
above floor level, at the center of the room, under ordinary
minimum winter conditions. All fuel burning heating facilities
shall be permanent installations attached to an approved
flue. No portable room heating units using liquid fuel shall be
permitted in any dwelling unit. (10-5-64; 6-19-67.)
Sec. 15.1-20. Electric service.
No owner shall occupy or let to another for occupancy any
dwelling unit for the purpose of living, sleeping, cooking or
eating therein which does not comply with the following requirements:
Each dwelling and each rooming unit shall be supplied with
electricity within such unit as follows:
1. 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 electric light
fixture;
2. Every water closet compartment, bathroom, laundry
room, furnace room and public hall shall contain at least one
supplied ceiling or wall type electric light fixture; and
3. Every outlet and fixture shall be properly installed and
maintained in good and safe working condition. (10-5-64;
6-19-67; 11-20-67.)
Article V. Minimum Standards for Light and Ventilation.
Sec. 15.1-21. Minimum window area.
No owner shall occupy or let to another for occupancy any
dwelling unit for the purpose of living, sleeping, cooking or
eating therein which does not comply with the following requirements:
Every habitable room, bathroom and water closet compartment
shall have at least one window or skylight facing directly
to outdoor open space having a total area equal to at
least ten per cent of the floor area of such room; or such
other device as will adequately ventilate the room which shall
be in working condition at all times. All windows and skylights
shall be enclosed with glass and shall be provided with
suitable hardware with construction so as to be able to be
opened to the extent of five per cent of the floor area. Whenever
walls or other portions of structures face a window of
any such room and such light-obstruction structures are located
less than three 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. Every public hall and stairway in every multiple
dwelling unit containing five or more dwelling units shall
be adequately lighted at all times. (10-5-64; 6-19-67; 3-3-69.)
Article VI. Minimum Standards for Space and Use.
Sec. 15.1-22. "Occupant" defined for purposes of article.
For the purposes of this article, a person under one year
of age shall not be counted as an occupant. (10-5-64.)
Sec. 15.1-23. Floor area requirements.
No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum
standards for space, use and location:
(a) Every dwelling unit shall contain at least one hundred
fifty square feet of habitable floor area for the first occupant,
at least one hundred square feet of additional habitable floor
area for each of the next three occupants, and, thereafter,
at least seventy-five square feet of additional habitable floor
area for each additional occupant.
(b) Every room occupied for sleeping purposes by one occupant
shall contain at least seventy square feet of floor
area, and every room occupied for sleeping purposes by more
than one occupant shall contain at least fifty square feet
of floor area for each occupant twelve years of age and over
and at least thirty-five square feet of floor area for each
occupant under twelve years of age.
(c) Floor area shall be calculated on the basis of habitable
room area. However, closet area and hall area within the
dwelling unit, where provided, may count for not more than
ten per cent of the required habitable floor area. At least
one-half of the floor area of every habitable room shall have
a ceiling height of at least seven feet. (10-5-64; 11-20-67.)
Sec. 15.1-23.1. Minimum standards for adequate egress.
Every dwelling, dwelling unit and rooming unit shall provide
for an adequate means of egress. (7-3-67.)
Sec. 15.1-24. Repealed by ordinance passed November 20, 1967.
Sec. 15.1-25. Cellars.
No cellar shall be used for living purposes. (10-5-64.)
Sec. 15.1-26. Basements.
No basement shall be used for living purposes unless:
(a) The floor and walls are substantially water-tight.
(b) The total window area, total openable area and ceiling
height are equal to those required for habitable rooms.
(10-5-64.)
Article VII. Minimum Standards of Maintenance.
Sec. 15.1-27. Protection against vermin.
No owner shall occupy 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 foundation, floor, wall, basement, hatchway,
stairway, window, door, ceiling and roof shall be substantially
water-tight and rodent proof.
(b) Every opening to a basement or cellar which might
afford an entry for rodents shall be barred with a strong
screen or sash or such other device as will prevent such
entry. (10-5-64.)
Sec. 15.1-28. Stairways.
Every inside and outside stair and handrail and every
porch handrail shall be constructed and maintained so as
to be safe and capable of supporting the maximum load that
normal use may cause to be placed thereon. (10-5-64.)
Sec. 15.1-29. Interruption of utilities and services.
No owner, agent or occupant shall cause any service,
facility, equipment or utility which is required under this
chapter to be removed from, shut off from or discontinued
for any occupied dwelling, except for such temporary interruption
as may be necessary while actual repairs or alterations
are in progress or during temporary emergencies when
discontinuance of service is approved by the enforcing officer.
(10-5-64.)
Article IX. Rooming Houses, Lodging Houses,
and Hotels.
Sec. 15.1-30. Minimum standards.
No person shall operate a rooming house, lodging house or
hotel unless such building conforms with the provisions of
this chapter for dwellings; except, that the following requirement
for certain equipment and facilities shall be substituted
for the provisions of section 15.1-18:
At least one flush water closet, lavatory basin, bathtub or
shower, properly connected to a water and sewerage system
approved by the enforcing officer and in good working condition,
shall be supplied for each eight persons or fraction
thereof, including members of the operator's family wherever
they share the use of such facilities. Every lavatory
basin and bathtub or shower shall be supplied with hot
water at all times. 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.
(10-5-64.)
Sec. 15.1-31. Permit—Required; display; term; notice of
transfer of ownership.
No person shall operate a rooming house, lodging house or
hotel unless he holds a valid permit issued by the enforcing officer,
which states that the operator has complied with the
applicable provisions of this chapter. Such permit shall be
displayed in a conspicuous place at all times. No permit
shall be transferable. Any person who sells, transfers, gives
away or otherwise disposes of ownership of, an interest in,
or control of any rooming house, lodging house or hotel shall
give notice thereof in writing to the enforcing officer within
forty-eight hours. Such notice shall include the name and
address of the person succeeding to the ownership or control
of such rooming house, lodging house or hotel. Every
permit shall expire at the end of one year following its
date of issuance, unless otherwise suspended or revoked.
(10-5-64.)
Sec. 15.1-32. Same—Suspension by enforcing officer.
Whenever, upon inspection of any rooming house, lodging
house or hotel, the enforcing officer finds that conditions or
practices exist which are in violation of this chapter or of
any regulation adopted pursuant thereto, the enforcing officer
shall give notice in writing to the operator that unless
such conditions and practices are corrected in a reasonable
length of time, to be determined by the enforcing officer, but
not less than thirty days, the operator's permit will be suspended.
At the end of such period, the enforcing officer shall
reinspect such rooming house, lodging house or hotel, 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. (10-5-64.)
Sec. 15.1-33. Same—Hearing on suspended permit.
Any person whose permit under this article has been denied
or suspended or who has received notice from the enforcing
officer that his permit is to be suspended unless
existing conditions or practices are corrected, may petition
for a hearing and shall be granted a hearing before the housing
board of adjustments and appeals; provided, that if no
petition is filed within ten days following the day on which
such permit was suspended, such permit shall be deemed to
have been automatically revoked. (10-5-64.)
Article X. Dwellings Unfit for Human Habitation.
Sec. 15.1-34. Grounds for condemnation of unfit dwellings.
Any dwelling or dwelling unit which shall be found to have
any of the following defects shall be condemned as unfit for
human habitation:
(a) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard
to the health or safety of the occupants thereof or of the
public.
(b) One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
thereof or of the public.
(c) One which because of its general condition or location
is unsanitary or otherwise dangerous to the health or safety
of the occupants thereof or of the public. (10-5-64.)
Sec. 15.1-35. Placarding of condemned dwellings.
Any dwelling, building or dwelling unit condemned as unfit
for human habitation shall be so designated and placarded by
the enforcing officer; provided, that in cases where a specific
time for compliance is designated, the placarding shall not
be carried out until after the lapse of the designated time.
Any dwelling or dwelling unit thus condemned and placarded
shall be vacated within a reasonable time. The placarded
shall bear the following inscription:
"This building and premises is unfit for human habitation
or occupancy, and the use or occupancy of this building and
premises is prohibited and unlawful." (10-5-64.)
Sec. 15.1-36. Use of condemned buildings prohibited; removal
of placard upon correction of defects.
No dwelling, building 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 enforcing
officer. The enforcing officer shall remove such placard whenever
the defects upon which the condemnation action was
based have been eliminated. (10-5-64.)
Sec. 15.1-37. Unauthorized removal of placard.
It shall be unlawful to deface or remove the placard from
any dwelling, building or dwelling unit which has been condemned
as unfit for human habitation. (10-5-64.)
Sec. 15.1-38. Hearing on condemnation order.
Any person affected by any notice or order relating to the
condemning and placarding of a dwelling, building or dwelling
unit as unfit for human habitation may request and shall
be granted a hearing on the matter before the housing board
of adjustments and appeals. (10-5-64.)
Sec. 15.1-39. Correction or removal of unfit buildings.[151]
If, after a hearing by the housing board of adjustments
and appeals, and after notice as provided herein to the
owner and occupant of the dwelling, building or dwelling unit
such dwelling, building or dwelling unit is in such an unsafe,
dangerous and unsanitary condition as to constitute a menace
to the health and safety of the occupants thereof or to
the public, or to endanger the property adjacent thereto, the
housing board of adjustments and appeals may request the
city manager or the city attorney to institute the necessary
court proceeding in the name of the city to have such dwelling,
building or dwelling unit declared unfit for human habitation
and a menace to health and safety, and to obtain a
suitable order from the corporation court against the owner
or occupant, or both, as appears proper, requiring such dwelling,
building or dwelling unit to be removed or made safe
and sanitary within a specified time. If such dwelling, building
or dwelling unit shall not be removed or made safe and
sanitary within the time specified in the order, the city manager
shall cause the building or structure to be removed at
the expense of the owner, and to that end the city may obtain
a judgment lien upon the land of the owner to the extent of
the cost of such removal. However, the city may sell material
of any such demolished dwelling, building or dwelling unit
and credit the proceeds of such sale against the cost of removal
or demolition, and the balance remaining shall be disbursed
as directed by the corporation court. (10-5-64.)
Sec. 15.1-40. Period during which dwellings shall not be placarded
or remain vacant.
Until the city redevelopment and housing authority notifies
the city council in writing that an adequate number of
low rent housing units are available, or until June 30, 1968,
whichever event or time shall first occur, only those dwellings
or dwelling units which in the opinion of the building official
are structurally unsafe for habitation or dwellings and dwelling
units which, under the city Building Code, can be repaired
so as to comply with this chapter and whose owners refuse to
make the necessary repairs when notified by the enforcing
officer, shall be placarded under section 15.1-35 or required to
remain vacant as set forth in section 15.1-36; provided, that if
a dwelling or dwelling unit which cannot be repaired under
the city Building Code so as to comply with this chapter
becomes vacant it shall remain vacant and be placarded as
provided by sections 15.1-35 and 15.1-36. (7-6-65.)
