Decatur City Zoning Code

CHAPTER 151

BUILDING CODE; STANDARDS

§ 151.001 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BASEMENT. A portion of a building located partly underground, but having less than two-thirds of its floor-to-ceiling height below the average grade of the adjoining ground.

BUILDING. Building shall mean any one- and two-family dwelling or portion thereof, including townhouses and mobile homes, that is used, or designated or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto.

BUILDING SUPERINTENDENT. The City Building Inspector or his authorized representative.

CELLAR. A portion of a building located partly or wholly underground, and having two-thirds or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.

DWELLING. 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. DWELLING shall be construed as though followed by the words “or any part thereof”.

DWELLING UNIT. 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. DWELLING UNIT shall be construed as though followed by the words “or any part thereof”.

EXTERMINATION. The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials which may serve as their food, by poisoning, spraying, fumigating, trapping, or by other recognized and legal pest elimination methods approved by the Health Officer.

GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

HABITABLE ROOM. A room or other 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.

HEALTH OFFICER. The Public Health Officer having jurisdiction or his or her duly authorized representative.

INFESTATION. The presence within or around a dwelling of any insects, rodents, or other pests.

JUNK. All scrap copper, glass, lead, or any other nonferrous metal; iron, steel, or other scrap ferrous material; tin-ware, plastic, or discarded goods, rope, rags, crockery, batteries, paper, trash, rubber, debris, building materials; dismantled or inoperable vehicles, unused tires, machinery and appliances or parts thereof; including but not limited to discarded, abandoned, unattended, or used refrigerators, iceboxes and similar containers equipped with airtight door or lid; or any other kind of scrap or waste or abandoned material or items.

MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.

OCCUPANT. Any person living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

OPERATION. Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are offered for rent.

ORDINARY MINIMUM WINTER CONDITIONS. The temperature which is 15° F. above the lowest recorded temperature for the previous ten-year period.

OWNER. Any person, who, alone or jointly, or severally with others:

(1) Shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; provided, however, that whenever the dwelling or dwelling unit is subject to conditional sales contract, lease with option to purchase, or any other form of written contract under the terms of which any person is entitled to a conveyance of legal title upon payment of a specified sum, the term OWNER shall mean the person who shall have such contractual right, rather than the person who is holding legal title; or

(2) Shall have charge, care, or control of any dwelling or dwelling unit as executor, executrix,

trustee, receiver, or guardian of the owner as defined in division (1) above. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this chapter, but shall be bound to notify the owner, by means of a registered letter addressed to the owner at his or her last known address, of any order or notice to be issued by the Health Officer or Building Superintendent relating to the property of the owner.

PLUMBING. All of the following supplied facilities and equipment: gas pipes; gas burning equipment; water pipes; garbage disposal equipment; waste pipes; water closets; sinks; installed dishwashers; lavatories; bathtubs; shower baths; installed clothes-washing machines; catch basins; drains; vents; and any other supplied fixtures together with all connections to water, sewer, or gas lines.

PREMISES. Shall be construed as though followed by the words “or any part thereof”.

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 five or more persons who are not husband or wife, sister or brother, son or daughter, or father or mother of the owner or operator. ROOMING HOUSE shall be construed as though followed by the words “or any part thereof.”

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 or eating purposes. ROOMING UNIT shall be construed as though followed by the words “or any part thereof”.

RUBBISH. Combustible or 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, leaves, tin cans, metals, mineral matter, glass, crockery, or dust.

SUPPLIED. Paid for, furnished or provided by, or under the control of the owner or operator.

TEMPORARY HOUSING. 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 30 consecutive days.

(Ord. 2019-19, passed 11-4-2019)

§ 151.002 BUILDING CODE ADOPTED.

(A) The building, heating, ventilating, air conditioning, electrical, plumbing and sanitation standards as now or hereafter approved by the Fire Prevention and Building Safety Commission of the state, as set out in the following articles of Title 675 of the Indiana Administrative Code and as the same are now or hereafter applicable to dwellings, buildings, or structures in the city, and all amendments thereto, shall hereafter be the building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation codes and standards in and for the city.

(B) A listing of the current codes adopted and in use can be viewed at the city’s website at www.decaturin.org.

(C) Copies of the foregoing rules and regulations are on file for reference in the office of the Building Department at Decatur City Hall, 172 N. 2nd St., Decatur IN 46733 or at www.decaturin.org.

(Ord. 2019-19, passed 11-4-2019)

§ 151.003 CONFLICT WITH OTHER REGULATIONS.

(A) In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinances or code of this city existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this city existing on the effective date of this chapter, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.

(B) If any section, subsection, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable.

(Ord. 2019-19, passed 11-4-2019)

§ 151.004 OFFICE OF BUILDING INSPECTOR ESTABLISHED.

(A) There is established the Office of Building Inspector.

(B) The Building Inspector shall possess the following qualifications: a minimum of high school Education or equivalent; plus, five year’s work experience in the building trades with a working knowledge of state and local building codes; certification by the International Code Council or possess an equivalent certification from another recognized builder council.

(C) The Building Inspector shall be appointed by the Mayor, subject to approval of the Common Council. The Inspector’s appointment shall continue during good behavior and service, and shall not be terminated from office, except for cause after full opportunity for a hearing.

(D) The Building Inspector is authorized and directed to enforce all the provisions of the building codes as adopted herein.

(Ord. 2019-19, passed 11-4-2019)

§ 151.005 PERMITS.

(A) No person shall erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish any building, structure or swimming pool in the city, or cause the same to be done, until first having obtained a separate building permit for each such building, structure or swimming pool from the Building Department, and every applicant shall complete all information requested on the permit application form. In the case of a permanently installed residential pool, prior to construction, rehabilitation or alteration of such pool, plans and specifications shall be submitted to the Building Department for review, approval and issuance of a permit. In addition, swimming pools and all appurtenances thereto shall be constructed of materials that:

(1) Are non-toxic to humans and the environment;

(2) Are impervious and reasonably enduring;

(3) Can withstand the stresses that the pool was designed to receive;

(4) Will provide a watertight structure with a smooth and easily cleaned surface without cracks or joints, excluding structural joints; or

(5) A smooth, easily cleaned surface finish shall be applied to, attached to, or installed.

(B) To obtain a permit, the applicant must first file an application therefore in writing on a form to be furnished by the Building Department, and every applicant shall complete all information requested on the form.

(C) The applications, plans and specifications, filed by an applicant for a permit shall be reviewed by the Building Department. If the Building Department is satisfied that the work described in an application for a permit and the plans filed therewith conform to the requirements of the code and other pertinent laws and ordinances, he or she shall review the plans and specifications for code compliance. If any code violations are noted or any additional information is needed, the Building Department will notify the applicant immediately. Such code compliant plans and specifications shall not be changed, modified or altered without authorization from the Building Inspector.

(D) Each application for a permit shall be accompanied by two sets of plans and specifications. Plans and specifications must include:

(1) Site plan;

(2) Foundation plan;

(3) Elevations;

(4) Dimensioned floor plan;

(5) Electrical plan;

(6) If applicable, manufactured truss designs;

(7) Energy code compliance verification (i.e., ResCheck or equivalent)

(E) In identified floodway fringe districts, the Building Department shall review all permit applications to endorse that all buildings are designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure and to minimize potential flood damages.

(F) For commercial projects with special systems, the following plans and specifications shall also be submitted to the Building Department if applicable:

(1) Sprinkler system:

(a) Scaled floor plans;

(b) Calculations;

(d) Sprinkler head cut sheet; and

(e) Fire pump information such as a copy of the manufacturer’s fire pump specifications, and manufactured certified pump test characteristic curve.

(2) Fire stop system:

(a) Through penetration fire stop system;

(b) Membrane penetration fire stop system;

(d) Perimeter fire barrier systems; and

(e) Fire rated duet and air transfer openings.

(3) Special hazard fires suppression systems such as dry chemical systems and clean agent systems:

(a) Scaled floor plans;

(b) Engineering data;

(d) System component cut sheets.

(4) Fire alarm system:

(a) Scaled floor plans;

(b) Battery calculations;

(d) Alarm control panel and fire alarm component cut sheets; and

(e) Fire alarm performance matrix.

(Ord. 2019-19, passed 11-4-2019; Ord. 2020-3, passed 2-18-2020; Ord. 2020-11, passed 7-20- 2020; Ord. 2024-3, passed 3-5-2024) Penalty, see § 151.999

§ 151.006 CONFLICTS OF INTEREST.

(A) The purpose of this section is to satisfy the requirements of I.C. 36-1-27-4.

(B) As used in this section, CONFLICT OF INTEREST means a direct or indirect financial interest in the issuance of a permit, pursuant to I.C. 36-1-27-1.

(D) A building commissioner, building code official, or inspector of the city may not issue a permit or oversee the issuance of a permit through a subordinate if the building commissioner, building code official, or inspector has a conflict of interest.

(E) A building commissioner, building code official, inspector, or other employee of the City of Decatur, shall report a conflict of interest to the Mayor and City Attorney.

(F) Promptly upon receipt of a conflict of interest report made under this subsection, the Mayor, in consultation with the City Attorney, shall appoint a qualified temporary replacement building commission, building code official, or inspector.

(Ord. 2019-19, passed 11-4-2019)

§ 151.020 ADOPTION.

Pursuant to I.C. 36-7-9-3, 36-7-9-1 through and inclusive of 36-7-9-28, and as the same is amended from time to time, is adopted by the city and all provisions thereof are incorporated herein by reference and with the same force and effect, as if fully set forth herein.

(Prior Code § 155.01) (Ord 1983-9, passed 6-7-1983; Ord. 2019-19, passed 11-4-2019)

§ 151.021 ADMINISTRATION.

(A) The Office of the Building Inspector shall be responsible for the administration of the provisions of I.C. 36-7-9-1 through and inclusive of 36-7-9-29.

(B) The Building Inspector, as the chief administrative officer, is hereby designated as the Enforcement Authority for the Office of Building Inspector under I.C. 36-7-9-2.

(C) The Mayor shall designate a hearing officer to serve as the Hearing Authority pursuant to I.C. Code 36-7-9-2 in the event orders are issued by the Enforcement Authority which necessitates an administrative hearing to be held under I.C. 36-7-9-7. When appointing a hearing officer, the Mayor shall give preference to an attorney who is licensed to practice law, who has experience in serving as a hearing officer, and who can serve impartially.

(D) The hearing officer shall be responsible for conducting the administrative hearing in accordance with and pursuant to I.C. 36-7-9-7. An audio recording of the hearing shall be made. The hearing officer shall conduct the hearing in an informal manner and without strict adherence to the technical rules of evidence and procedure which govern judicial proceedings. The hearing officer shall rule on the admissibility of any offer of proof, and on other motions, and shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds. Request for discovery may be permitted by the hearing officer, if permissible under the Indiana Rules of Trial Procedure in the context of an administrative hearing and if a request for discovery is made in compliance with such rules. Improper requests for discovery may be denied by the hearing officer. In addition, the hearing officer may take official notice of any section of the city’s building code, standards and enforcement contained in this Chapter 151, and any law or fact that could be judicially noticed in the courts. The testimony of each party and witness shall be made under oath or affirmation.

(E) At the conclusion of the hearing, the hearing officer may make findings and take action to affirm an enforcement order, rescind the order, or modify the order in a manner that is less stringent. The hearing officer may also impose civil penalties of up to $2,500 per civil penalty as may be permitted pursuant to I.C. 36-7-9-7 and I.C. 36-7-9-7.5, collection of which may be made in the form of collection of a judgement pursuant to I.C. 36-7-9-13 or may be processed and collected as a special assessment pursuant to I.C. 36-7-9-13.5. The decision of the hearing officer shall be based exclusively upon the evidence of record in the hearing and on matters officially noticed therein. Certain action taken by the hearing officer shall be considered final and may be appealed pursuant to I.C. 36-7-9-8.

(Prior Code § 155.02) (Ord 1983-9, passed 6-7-1983; Ord 2007-8, passed 10-2-2007; Ord 2018-9, passed 4-17-2018; Ord. 2019-19, passed 11-4-2019)

§ 151.035 MINIMUM BUILDING STANDARDS.

All new construction including residential, commercial and industrial shall be required to meet the following building minimum standards:

(A) The ground floor level of new construction shall be built on a grade level not less than 15 inches above the crown of the street on which the new construction is located.

(B) The sanitary sewer outlet from new construction shall not be located more than four feet below the ground floor grade level. The only exception to this requirement is if the new construction contains a walk-out basement and the depth of the sanitary sewer outlet is greater than four feet must be approved by the Building Inspector and City Infrastructure Manager.

(C) Manufactured housing located on any city lot or within any subdivision within the city shall meet the following requirements:

(1) Each manufactured home shall have a minimum width of 23 feet.

(2) The front entrance to and the longest portion of a manufactured home shall face the street upon which it is located.

(D) All new construction, including residential, commercial and industrial, shall include sidewalks as a part of the development plan.

(E) All new construction, including residential, commercial and industrial, shall have property lines and proposed building identified by licensed surveyor, with a copy of the final survey to be provided to the office of the Building Department.

(Ord. 2019-19, passed 11-4-2019)

§ 151.050 MINIMUM BUILDING OCCUPANCY STANDARDS.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit, or building, which does not comply with the following requirements.

(A) Every foundation, floor, wall, ceiling and roof shall be reasonably weather tight, water tight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair.

(B) Every window, exterior door, and basement hatchway shall be reasonably weather tight, water tight, and rodent-proof; 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 any 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 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, restroom, 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 or shut off from or discontinued for any occupied dwelling or building 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 or when discontinuance of service is approved by the Health Officer or Building Superintendent.

(H) No owner shall occupy or let to any other occupant any vacant dwelling unit or building unless it is clean, sanitary, and fit for human occupancy.

(I) Every roof of a dwelling, dwelling unit, or building shall be equipped with adequate gutters and downspouts capable of carrying off normal rainfall and be connected to a storm sewer where available. If no storm sewer is available, storm water shall be run on the ground surface away from all structures. Such gutters and downspouts shall be kept in good repair and free from obstruction.

(J) Sump pumps can be run into the storm sewer where available upon review by the City. Otherwise, sump pumps are to be run on the ground surface away from all structures.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.051 PLUMBING AND GARBAGE DISPOSAL.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit, or building 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 Building Superintendent.

(B) Every dwelling unit, except as otherwise permitted under division (D) below, shall contain a room which affords the privacy to a person within the room and which is equipped with a flush water closet, a lavatory in good working condition, a shower basin, and properly connected to a water and sewer system approved by the Health Officer or Building Superintendent.

(C) In all buildings in which the whole or part of the building drain or plumbing system thereof lies below the crown level of the main sewer, that part of the sewage or building wastes discharging from such lines shall be lifted by approved mechanical means and discharged into the building sewer.

(D) The occupants of two or more dwelling units, but not to exceed ten persons in total number, may share a single flush water closet, a single lavatory basin, and a single bathtub or shower.

(E) Every dwelling unit shall be supplied with adequate rubbish storage facilities.

(F) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers.

(G) Where public water supply and public sewer service are not available the owner of a dwelling shall furnish a supply of safe water and a private disposal system approved by the Health Officer.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.052 LIGHT, VENTILATION, HEAT, AND EGRESS FROM BUILDING.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwelling unit, or building, which does not comply with the following requirements.

(A) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for very habitable room shall be 8% of the floor area of such room.

(B) Every habitable room shall have at least one 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 4% of the room square footage, as required in division (A) above, except where there is supplied some other device affording adequate ventilation and approved by the Health Officer or Building Superintendent.

(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (A) and (B) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system approved by the Health Officer or Building Superintendent.

(D) 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 70° F., at a distance of three feet above floor level, under ordinary minimum winter conditions.

(E) Every public hall and stairway in every multiple dwelling shall be adequately lighted in conformity with the Indiana Residential Code or the National Electrical Code, as applicable.

(F) 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.

(G) 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 the state and ordinances of the city. First floor bedrooms require five square feet open space; second floor or more bedrooms require 5.7 square feet open space. Any basement or portion thereof used for sleeping areas must contain an egress window for emergency escape.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.053 SPACE AND FLOOR AREA.

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 120 square feet of floor space for the first occupant thereof and at least 50 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 or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 60 square feet of

floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age, and at least 30 square feet for each occupant thereof under 12 years of age.

(C) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five 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.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.054 USE OF BASEMENT AS DWELLING UNIT.

No basement or cellar space shall be used as a dwelling unit unless:

(A) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.

(B) The total of window area in each room is equal to at least the minimum window area sizes as required in IRC 303 AND IRC 310.

(C) The total of openable window area in each room is equal to at least the minimum as required under § 156.22(B), except where there is supplied some other device affording adequate ventilation and approved by the Health Officer or Building Superintendent.

(D) Every window which is below the grade of the ground adjoining such window shall have a light well or areaway extending at least 30 inches out from the window the entire depth and width of the window.

(E) Any basement or portion thereof used for sleeping areas must contain an egress window for emergency escape.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.055 CLEANLINESS AND SANITATION.

(A) Every owner of a dwelling containing more than four dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.

(B) Every occupant of a dwelling, dwelling unit, or building 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, dwelling unit, or building shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish container.

(D) Every occupant of a dwelling, dwelling unit, or building shall dispose of all their garbage, junk, 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. 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 dwelling units and for all dwelling units located on premises where more than four 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, dwelling unit, or building 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 dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this division whenever infestation is caused by failure of the owner to maintain a dwelling in a rat proof or reasonably insect proof condition, extermination shall be the responsibility of the owner.

(F) 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.

(Ord. 2019-19, passed 11-4-2019)

§ 151.056 ROOMING HOUSES.

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.

(A) (1) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Building Superintendent’s office and in good working condition, shall be supplied for each ten persons or fraction thereof residing within a rooming house, including members of the operator’s family wherever they share the use of the 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 of the required number of water closets.

(2) 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 or Building Superintendent.

(B) 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.

(C) Every room occupied for sleeping purposes by one person shall contain at least 60 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age and at least 30 square feet for each occupant therein under 12 years of age

(D) 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 this city.

(E) 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 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.

(F) Every provision of this chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.

(Ord. 2019-19, passed 11-4-2019)

§ 151.070 PURPOSE.

The purpose of this subchapter is to regulate the use of accessory structures that meet the needs of property owners while protecting the public health, safety and welfare; and promote positive aesthetics in the city.

(Ord. 2019-19, passed 11-4-2019)

§ 151.071 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STORAGE BUILDING.

(1) A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.

(2) For purposes of this subchapter, railroad cars, truck vans, converted mobile homes or manufactured home with an integrated wheel frame assembly, trailers, recreational vehicles, bus bodies, boats, vehicles and similar prefabricated items, and structures originally built for purposes other than the storage of goods and materials, in part, in whole, or of the like, are not ACCESSORY STORAGE BUILDINGS.

CARGO CONTAINERS, including standardized reusable vessels that were:

(1) Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and /or

(2) Originally designed for, or capable of being mounted or moved by rail, truck, or ship, by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and similar characteristics of cargo containers.

(Ord. 2019-19, passed 11-4-2019)

§ 151.072 STORAGE ON RESIDENTIAL PROPERTIES.

(A) Only accessory storage buildings defined in Definitions § 151.071 shall be permitted as accessory storage containers on property in any residential zone of the city, or any property within the city the primary use of which is residential. Railroad cars, truck vans, converted mobile homes, travel trailers, recreation vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on property zoned residential or on property the primary use of which is residential.

(B) Notwithstanding the provisions set forth in subsection A of this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding 30 days in any one calendar year.

(C) Notwithstanding the provisions set forth in subsection A of this section, licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or material storage structure during construction which is taking place on the properly where the cargo container is located, if the use of the cargo container is authorized pursuant to a city building permit.

(D) Accessory buildings shall not be located within a dedicated easement or right of way. Detached accessory buildings shall be setback a minimum of ten feet from the adjacent residential buildings. Sheds of 120 square feet or less shall be setback a minimum of three feet from adjacent buildings on the same parcel; and a fire-rated wall is provided between structures.

(E) The maximum height of a detached accessory building shall be one story. Attic storage shall be permitted, provided the space shall only be used for storage and have a maximum interior height of six feet; attic trusses are not allowed.

(1) For residential accessory buildings, the maximum dimensional height shall be 18 feet, measured to the peak of the roof.

(2) For sheds of less than 120 square feet, the maximum dimensional height shall be 12 feet, measured to the peak of the roof.

(F) Accessory buildings shall not be occupied for dwelling purposes.

(G) Attached garages. Garages that are structurally attached to a principal building by connection of walls or a roof shall be subject to, and must conform to, all regulations of this ordinance applicable to the principal building, including setbacks and lot coverage, and not the regulations of this section. Attached garages shall not exceed the height of the living portion of the dwelling.

(H) No more than two storage-based accessory structures shall be permitted on a lot.

(Ord. 2019-19, passed 11-4-2019) Penalty, see § 151.999

§ 151.073 NON-RESIDENTIAL ACCESSORY STRUCTURES.

Storage buildings and other buildings that are accessory to a non-residential use shall be permitted subject to the same restrictions as the principal use and building. Accessory buildings for commercial, office, institutional or industrial uses shall be subject to the same dimensional requirements (setbacks and height) as the principal building.

(Ord. 2019-19, passed 11-4-2019)

§ 151.074 CARGO CONTAINERS - PERMITTED LOCATIONS.

The placement of cargo containers as an accessory storage use is limited to the following requirements:

(A) Shall relate to the primary use of the lot or the zoning districts permitted uses and meet the placement criteria for the zone;

(B) An improvement location permit is required;

(C) As a condition of placement, the exterior finish, facade and roof shall match, closely resemble, or significantly complement the materials used on the primary structure;

(D) Shall be placed on permanent foundation or piers and ensure effective anchoring/foundation according to the most current edition of the International Building Code at the time of placement;

(E) Shall not be stacked;

(F) Shall not be used for any advertising purpose and be kept clean of all alpha-numeric signage and writing;

(G) Cargo containers shall be in an approved designated area and on the same property as the principle use and be included in the calculation of overall lot coverage;

(H) Cargo containers shall not occupy required off-street parking, loading or landscaping areas;

(I) Materials stored within cargo containers are subject to review and approval by the fire district.

(Ord. 2019-19, passed 11-4-2019)

§ 151.085 INSPECTIONS.

(A) The Health Officer and Building Superintendent are hereby severally authorized and directed to make inspections to determine the condition of dwellings, dwelling units, and premises located within this city, in order that they may perform their duty 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 and Building Superintendent are hereby severally authorized to enter, examine, and survey, at proper times after due notice, all 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 and Building Superintendent access to such dwelling, dwelling unit, or rooming unit and its premises, at proper times after due notice, for the purpose of such 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.

(Ord. 2019-19, passed 11-4-2019)

§ 151.086 DESIGNATION OF BUILDING AS UNFIT FOR HUMAN HABITATION; CONDEMNATION.

(A) The designation of a dwelling, dwelling unit, or building as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwelling or dwelling units, shall be carried out in compliance with the following requirements.

(1) 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 or Building Superintendent.

(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 or of the public.

(b) One which lacks illumination, ventilation, or sanitary facilities adequate to protect the health or safety of the occupants 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 occupants or of the public.

(2) Any dwelling, dwelling unit, or building condemned as unfit for human habitation, and so designated and placarded by the Health Officer or Building Superintendent, shall be vacated within five to 15 days as ordered by the Health Officer or Building Superintendent.

(3) Any dwelling, dwelling unit, building which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from and such placard is removed by the Health Officer or Building Superintendent. The Health Officer or Building Superintendent shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(B) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (A)(3) of this section.

(C) Any person affected by any notice or order relating to the condemning and placarding of a dwelling, dwelling unit, or building as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Public Health or the Board of Public Works and Safety, as the case may be, under the procedure set forth in § 156.42.

(Ord. 2019-19, passed 11-4-2019)

§ 151.087 NOTICE OF OTHER VIOLATIONS; RIGHT TO HEARING.

(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 which affects the health of the occupants of any dwelling, dwelling unit, or rooming unit or the health of the general public; or whenever the Building Superintendent determines that there are reasonable grounds to believe that there has been a violation of any such provision which affects the safety of any such occupants or the safety of the general public, the Health Officer or the Building Superintendent, as the case may be, shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as hereinafter provided. Such notice shall:

(1) Be put in writing;

(2) Include a statement of the reasons why it is being issued;

(3) Allow a reasonable time for the performance of any act it requires;

(4) Be served upon the owner or his or her agent, to 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 or her personally, or if a copy thereof is sent by registered mail to his or her 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 or she is served with such notice by any other method authorized or required under the laws of this state.

(5) Such notice must contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter.

(B) (1) Any person affected by any such notice issued by the Health Officer may request and shall be granted a hearing on the matter before the Board of Public Health of the city, and any person affected by any such notice issued by the Building Superintendent may request and shall be granted a hearing on the matter before the Board of Public Works and Safety of the city; provided that such person shall file in the office of the Health Officer or Building Superintendent, as the case may be, within ten days after service of the notice, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor.

(2) Upon receipt of such petition the Health Officer or Building Superintendent, respectively, shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with.

(C) (1) After such hearing the respective board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the respective board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to division (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 or Building Superintendent within ten days after such notice is served.

(2) After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the respective board, 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 or Building Superintendent within ten days after such notice is served.

(D) The proceeding at such hearing, including the findings and decision of the Board shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Board. 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 Board 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 require 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 an order is directed shall comply therewith immediately, but upon petition to the Health Officer shall be afforded a hearing as soon as possible in the manner provided in division (B) above. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, or modify it, or revoke it.

(Ord. 2019-19, passed 11-4-2019)

§ 151.999 PENALTY.

Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, upon conviction, shall be fined not less than $10 and not more than $500 for each offense per day.