This chapter shall be known as the Minimum Housing Standards Code.

(Ord. 39-1976, passed 8-16-76)

   The purpose of the chapter is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy, and maintenance of residential premises, and establishing reasonable safeguards for the safety, health, and welfare of the occupants and users thereof.

(Ord. 39-1976, passed 8-16-76)

   The provisions of this chapter shall apply:

   (A)   To all structures or portions thereof used, or designed or intended to be used, for human habitation currently in existence or hereafter constructed or created within the city irrespective of when or under what code of codes such structure or portions thereof were originally constructed or subsequently improved or rehabilitated.

   (B)   To all real estate occupied by a structure a portion thereof as described in § 155.03(A).

   (C)   To alteration of existing buildings which are altered or enlarged in order to conform to this code insofar as the new work is concerned and in accordance with scope of the current building code as it pertains to existing buildings and structures. The provisions of this chapter shall not, however, govern the issuance of a building permit for a new structure designed or intended to be used for human habitation.

(Ord. 39-1976, passed 8-16-76)

   (A)   Words and phrases defined in the zoning code and building code shall assume those same definitions for this code, unless included and defined below.

   (B)   For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

      (1)    APPROVED. Approved by the head of the Code Enforcement Agency under the provisions of this chapter or the rules and regulations adopted pursuant thereto, or approved by an authority designated by law or by this chapter.

      (2)    BATHROOM. Enclosed space containing one or more bathtubs, showers, or both, and which may also include toilets, lavatories, or fixtures serving similar purposes and not deemed a habitable room.

      (3)    CELLAR. Lowermost portion of the building partly or totally underground having more than half of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground.

      (4)    CODE ENFORCEMENT AGENCY. Department or person designated by the City Manager to enforce this chapter.

      (4)   (a)    DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

      (5)    EXTERIOR PROPERTY AREA. All area on the premises outside of a structure used for human habitation.

      (6)    EXTERMINATION. The control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing, or making inaccessible, materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination.

      (7)    FAMILY. One or two persons or parents, which their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purposes of this chapter.

      (8)    GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

      (9)    GRADE. Natural surface of the ground, or surface of the ground after completion of any change in contour.

      (10)    GROSS FLOOR AREA. The total net area of all habitable rooms.

      (11)    HABITABLE ROOM. Room occupied by one or more persons for living, sleeping, eating, or cooking. Kitchenettes shall not be deemed to be habitable space.

      (12)    HOT WATER. Water heated to a temperature of not less than 120° F. at the outlet.

      (13)    INFESTATION. The presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit, or premises, of insects, rodents, vermin, or other pests.

      (14)    KITCHEN. Space 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food, and deemed habitable room.

      (15)    KITCHENETTE. Space, less than 60 square feet in floor area, used for cooking or preparation of food, and not deemed a habitable room.

         (15A)     LEASE. To grant use or occupancy of a dwelling unit for any consideration under terms of a contract, whether written or unwritten. For the purpose of this chapter, leasing also includes arrangements to occupy a dwelling with an option to purchase it at a future date, and installment contracts for the sale of dwellings whereby the seller holds legal title and the buyer has equitable title until the sales price is paid in full.

      (16)    MULTIPLE DWELLING. A building containing two or more dwelling units and/or rooming units.

      (17)    NONHABITABLE ROOM. Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, and boiler rooms, closets, and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories.

      (18)    OCCUPANT. Any person over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit.

      (19)    OPERATOR. Any person who has charge, care, or control of a multiple residence or rooming house, in which dwelling units or rooming units are let or offered for occupancy.

      (20)    OUTSIDE DESIGN TEMPERATURE. Temperature based on the average of the low annual temperature recorded in the area, either during the last 25 years or as long as temperature records have been kept, if less than 25 years.

      (21)    OWNER. Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation, in control of a building.

      (22)    PLUMBING SYSTEM. Pipes, fixtures, and other apparatus for supplying water for consumption, or for the conveyance of waste and drainage.

      (23)    POTABLE WATER. Water duly approved as satisfactory and safe for drinking.

      (24)    PREMISES. A lot, plot, or parcel of land including the buildings or structures thereon.

      (25)    PUBLIC SEWER. Sewer operated by a public authority or public utility, and available for public use.

      (26)    RUBBISH. All nonputrescible solid waste, consisting of both combustible wastes and noncombustible wastes, such as, but not limited to, paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.

      (27)    SEWAGE. Liquid carried waste from a flush toilet, bath, sink, lavatory, dishwashing, or laundry machine, or from any other fixture, equipment, or machine, containing animal or vegetable matter and which may include industrial or commercial wastes, and liquids containing chemicals.

      (28)    SUPPLIED FACILITIES. Facilities paid for, furnished, or provided by, or under the control of the owner or operator.

      (29)    VENTILATION. Supply and removal of air to and from any space by natural or mechanical means.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 2-1979, passed 2-5-78; Am. Ord. 02-2006, passed 3-6-06)

   Any structure covered by the provisions hereof and maintained in violation of any of the provisions of this housing code is hereby declared to be a nuisance and to constitute a present danger to the public health, safety, and welfare.

(Ord. 39-1976, passed 8-16-76)

   (A)   Free from hazards. Exterior property areas shall be free from conditions which might create a nuisance or become a health, accident, or fire hazard.

   (B)   Discharge of sewage. Sewage must be discharged into a public sewer system except as provided in § 155.09 (D). Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial surface drainageways or into any drains intended for storm drainage only.

   (C)   Storm water drainage. Storm water shall be properly drained to prevent recurrent or excessive ponding or the entrance of water into any basement or cellar. Downspouts, foundation drains, and other storm and surface water drains shall not be connected to sanitary sewers.

   (D)   Insect and rodent harborage. Exterior property areas shall be kept free from sources of insect, vermin, and rodent breeding, harborage, and infestation.

   (E)   Domestic animals and pets. Domestic animals and pets shall not be kept on any premises in such a manner as to create insanitary conditions.

   (F)   Accessory structures. Accessory structures, located on exterior property areas, shall be kept in good repair, free from health, fire, and accident hazards, and vermin, insect, and rodent harborage.

(Ord. 39-1976, passed 8-16-76)

   (A)   The foundation walls of every structure shall be maintained in good repair and be structurally sound.

   (B)   Any structure whose exterior surface is bare, deteriorated, ramshackle, tumble-down, decaying, disintegrating, or in poor repair must be repaired or razed.

      (1)   All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, railings, trim, roofs and their missing members must be replaced and put in good condition.

      (2)   All replacements must match and conform to original design or be replaced completely.

   (C)   Stairs, porches, and railings. The stairs, porches, and railings, affixed to the exterior of every structure used for human habitation, shall be kept in good repair and structurally sound.

   (D)   Weather and watertight. Every structure shall be so maintained that it will be weather and watertight.

   (E)   Protective coating for all surfaces. All exterior wood surfaces of a structure, shall be treated periodically with a protective coating or other preservative to prevent structural deterioration. All exterior masonry surfaces tht have been painted, or treated with some other protective covering, must be periodically treated with a protective covering, or all existing paint must be removed bringing the masonry back to its natural state.

      (1)   All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.

      (2)   All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good and workmanlike manner.

      (3)   All new or repaired bare surfaces shall be painted or coated.

      (4)   All exterior surfaces weathered with dirt and grime shall be cleaned and surfaces which are peeling or flaking shall be scraped and painted or covered with approved protective coating or surface.

   (F)   Overhanging, loose or missing objects. Every structure, shall be free of insecure overhanging objects such as, but not limited to, gutters and downspouts, television aerials, roof shingles, and exterior siding. Missing objects such as, but not limited to, siding, roof shingles or shutters shall be replaced and matched to the original.

   (G)   Screening. Guards and screens shall be supplied for protection against rodents and insects in accordance with the requirements of the building code.

   (H)   Windows and doors. Every window and exterior door shall be substantially tight, shall be kept in sound condition, and repairs shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling.

   (I)   Windows to be glazed. Every window sash shall be fully supplied with glass window panes or an approved substitute which are without cracks or holes.

   (J)   Windows to be openable. Every window, other than a fixed window designed by the manufacturer not to open, shall be capable of being easily opened and shall be held in position by window hardware.

   (K)   Door hardware. Every exterior door, door hinge, and door latch shall be maintained in good condition.

   (L)   Basement and cellar hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or multi-family dwelling.

   (M)   Exit doors. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.

   (N)   Board windows and doors. Boarding of windows and doors due to property damage, other repairs, or security of the premises, shall be limited in time according to the following provisions:

      (1)   If the windows and/or doors are boarded solely by action of the owner, upon notice by the city, repairs and/or replacement of windows and doors as may be necessary must be completed within 60 days, and the boards removed within that time period.

      (2)   If the windows and/or doors are boarded by the city in order to abate a nuisance situation, upon notice by the city, the code violations must be corrected by the property owner within 30 days, and the boards removed from the structure by the owner within that same time period.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 2-1979, passed 2-5-78; Am. Ord. 13-1997, passed 5-5-97; Am. Ord. 16-2005, passed 11-7-05) Penalty, see § 155.99

   (A)   Free from dampness. Cellars, basements, and crawl spaces, in every structure used for human habitation, shall be reasonably free from dampness.

   (B)   Structural members. Supporting structural members, of every structure used for human habitation, shall be structurally sound.

   (C)   Chimneys, flues, and vents. Chimneys and all flue and vent attachments thereto, of every structure used for human habitation, and all other flues and vents shall be structurally sound, free from defects, and able to perform the function for which they were designed and are used.

   (D)   Stairs and railings. Interior stairs, of every structure used for human habitation, shall be structurally sound and free from defects and shall be so designed as to minimize accident hazards. Railings shall be provided for stairs, balconies, landings, and stairwells.

   (E)   Floors, walls, and ceilings. Floors, walls, and ceilings, of every structure used for human habitation, shall be structurally sound, free from irregularities which may be a cause of accidents, and maintained in a clean and sanitary condition.

   (F)   Bathroom floors. Bathroom, shower room, and toilet room or compartment floors of every structure used for human habitation, shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean, safe, and sanitary condition.

   (G)   Free from rubbish and garbage. The interior of every structure used for human habitation shall be maintained free from rubbish and garbage that might become a health, accident, or fire hazard, or become a nuisance.

   (H)   Insect and rodent harborage. Buildings used for human habitation shall be kept free from insect and rodent infestation, and where insects or rodents are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

   (I)   Extermination from buildings. Every owner of a dwelling or multi-family dwelling shall be responsible for the extermination of insects, rodents, vermin, or other pests whenever infestation exists in two or more of the dwelling units, or in the shared public parts of the structure.

   (J)   Extermination from single dwelling units. The occupant of a dwelling unit in a dwelling or multi-family dwelling shall be responsible for such extermination within the unit occupied by him whenever his dwelling unit is the only unit in the building that is infested.

   (K)   Responsibility of owner. Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multi-family dwelling in a rodent-proof condition, extermination of such rodents shall be the responsibility of the owner.

(Ord. 39-1976, passed 8-16-76) Penalty, see § 155.99

   (A)   Potable water supply. Every dwelling, dwelling unit, and rooming house shall be supplied with a potable water supply. There shall be adequate water supply and pressure at all installed hot and cold water outlets.

   (B)   Hot water. Every dwelling, dwelling units, and rooming house shall have an adequate supply of hot water, properly connected to plumbing fixtures requiring hot water.

   (C)   Plumbing fixtures required. Within every dwelling unit there shall be the following plumbing fixtures: kitchen sink, toilet, bathtub, or shower, and lavatory. Kitchen sinks, bathtubs, showers, and lavatories shall be properly connected to both hot and cold water lines.

   (D)   Plumbing fixtures connected to sewer lines. All plumbing fixtures, installed within a structure used for human habitation, shall be connected to sewer lines that discharge into a public sewerage system or other approved means of disposal.

   (E)   Privies not permitted. No privy shall be constructed or continued in operation without the written approval of the city manager.

   (F)   Heating facilities. Every dwelling, dwelling unit, rooming house, and rooming unit, occupied during normal heating periods, shall have heating facilities capable of maintaining a minimum inside temperature of 68° F., based on outside design temperature in all habitable rooms, bathrooms, and toilet and shower rooms or compartments.

   (G)   Electrical service. Every dwelling and dwelling unit shall be provided with approved electrical service.

   (H)   Cooking facilities. Every dwelling unit shall be provided with one and only one area with installed cooking facilities or utility connections for such facilities.

   (I)   Refrigerated space. In every dwelling unit where perishable foods are kept, refrigerated space for their storage or appropriate utility connections shall be provided.

   (J)   Means of egress. Every dwelling unit and rooming unit shall have safe and unobstructed means of egress from the structure.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 2-1979, passed 2-5-78) Penalty, see § 155.99

   (A)   Maintenance of plumbing fixtures. Every water line, plumbing fixture, and drain, located in a structure used for human habitation, shall be properly installed, connected, and maintained and capable of performing the function for which it was designed.

   (B)   Maintenance of plumbing systems. Every stack, waste, and sewer line, located in a structure used for human habitation and every connecting sewer line shall be so installed and maintained as to function properly and not be a source of structural deterioration or a health hazard.

   (C)   Installation of heating equipment. Every heating, cooking, and heating device, located in a structure used for human habitation, shall be properly installed, connected, and capable of performing the function for which it was designed.

   (D)   All heating, cooking, and water heating equipment, burning solid fuels, shall be properly connected to a chimney or flue, and such heating equipment, burning liquid or gaseous fuels shall be properly connected to a supply line and, where required, to a chimney, flue, or vent.

   (E)   Maintenance and operation of heating equipment. Every heating, cooking, and water heating device, located in a structure used for human habitation, shall be so maintained and operated as to be free from fire, health, and accident hazards.

   (F)   Storage of fuels. All fuels stored on the premises for the operation of heat producing equipment shall be stored in a safe manner.

(Ord. 39-1976, passed 8-16-76)

   (A)   Required space in dwelling units. Every dwelling unit shall contain a minimum gross floor area of at least 150 square feet for the first occupant, at least 100 square feet for each occupant thereafter. The City Manager may grant written exemptions to the required space standards where such standards would create a hardship on a family living in a dwelling unit at the time of the adoption of this chapter.

   (B)   Required space in sleeping rooms. In every dwelling or rooming unit of two or more habitable rooms, every room occupied for sleeping purposes by one occupant, shall have a minimum gross floor area of at least 70 square feet. Every room occupied for sleeping purposes by more than one occupant shall have a minimum gross floor area of 50 square feet per occupant thereof. Kitchens shall not be used for sleeping purposes.

   (C)   Occupancy of dwelling units below grade. No dwelling unit partially below grade shall be used for living purposes unless:

      (1)   Floors and walls are watertight;

      (2)   Total window area and total openable area are in accordance with this code; and

      (3)   Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area.

(Ord. 39-1976, passed 8-16-76)

   (A)   Light in nonhabitable space. Every stair, hall, cellar, and basement, located in a structure used for human habitation, shall have either adequate natural or artificial light available at all times. Every laundry, furnace room, and all similar nonhabitable work space, located in a structure used for human habitation, shall have either adequate natural or artificial lighting available at all times.

   (B)   Light in public halls and stairways. Every public hall and common stairway, located in a structure used for human habitation, and which is used primarily for ingress and egress in connection with two or more dwelling units or rooming units shall be supplied with a proper amount of natural light or lighting facilities controllable by the occupants of the structure and be available at all times. The natural or artificial lighting provided shall not be less than five footcandles (five lumens) measured in the darkest portions of the normally traveled stairs and passageways during the darkest hours of the day. Structures containing three or more dwelling units shall meet the requirements of the multiple residence law of the Ohio State Building Code § 1219.08.

   (C)   Electric fixtures in bathrooms. Every bathroom, shower room, toilet room, or compartment, located in a structure used for human habitation, shall have permanently installed artificial lighting fixtures, and the switches shall be so located as to avoid danger of electrical hazards.

   (D)   Ventilation in habitable rooms. Every habitable room shall be ventilated by either openable areas equal to 45% of the required window area or by equivalent mechanical ventilation.

   (E)   Ventilation in bathrooms. Every bathroom, shower room, toilet room, or compartment, located in a structure used for human habitation, shall be adequately ventilated.

(Ord. 39-1976, passed 8-16-76)

   (A)   Maintenance of private space. Every occupant of a dwelling or dwelling unit shall keep in clean and sanitary condition that part of the structure, dwelling, dwelling unit, or premises thereof, which he occupies or controls.

   (B)   Maintenance of plumbing equipment. Every occupant of a dwelling or dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances, and equipment therein.

   (C)   Waste disposal. Every occupant of a dwelling unit shall dispose of rubbish, garbage, and other matter, as provided in § 155.08 (G). In a dwelling containing three or more dwelling units, adequate rubbish and garbage containers shall be supplied by the owner.

   (D)   Extermination. Every occupant of a single dwelling unit shall be responsible for the extermination of any rodents, vermin, or other pests therein or on the premises. Every occupant of a dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this chapter, as cited in §§ 155.06 (D) and 155.08 (H), extermination shall be the responsibility of the owner. When two or more dwelling units within a building are so infested, it shall be the responsibility of the owner to carry out the provisions of this chapter within such building, as cited above with respect to extermination.

   (E)   Maintenance of public space. Every owner of a building containing two or more dwelling units shall be responsible for maintaining in a clean, sanitary, and safe condition the shared or public areas of the dwelling and premises thereof.

   (F)   Supplied facilities. Every owner of a dwelling and dwelling unit shall be responsible for keeping supplied facilities in proper operating condition except for otherwise provided by the housing code.

   (G)   Supplied heat. Every owner or operator of a building, who permits to be occupied any dwelling units, under an agreement, express or implied, to supply or furnish heat to the occupants September 1 to June 1, of the following year, a minimum inside temperature of 68° F. based on outside design temperature in all habitable rooms, bathrooms, shower rooms, and toilet rooms or compartments. The provisions of the division shall not apply where the failure to maintain minimum requirements is caused by a general shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations, or any cause beyond the control of the owner or occupant.

   (H)   Discontinuance of utilities. No owner, operator, or occupant shall cause any service, facility, equipment, or utility, which is required to be supplied by the provisions of this code, to be removed from, or shut off from, or discontinued for any occupied dwelling unit, except for necessary repairs, alterations, or emergencies.

   (I)   Owner access. Every occupant of a dwelling or dwelling unit, or rooming unit, shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or rooming unit, 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 an order issued pursuant to the provisions of this chapter.

(Ord. 39-1976, passed 8-16-76)

   (A)   Inspection of dwellings. The Code Enforcement Agency shall be authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, and premises thereof in order to safeguard the health, safety, morals, and welfare of the public.

   (B)   Right of entry.

      (1)   The owner, occupant, tenant, or authorized agent of any property or rental unit possesses the right to deny entry to any unit or property by an administrative official for the purpose of compliance with this chapter.

      (2)   However, nothing in this section shall prohibit the Building Commissioner or Code Enforcement Officer from asking permission from an owner, occupant, tenant or person in charge of property for permission to inspect such property or rental unit for compliance with this chapter and all other applicable provisions of the City of Forest Park, Ohio Code of Ordinances, or to seek a search warrant based on probable cause or to enter such property or rental unit in case of emergency circumstances requiring expeditious action.

   (C)   Administrative liability. Except as may otherwise be provided by statute or local law or ordinance, no officer, agent, or employee of the city charged with the enforcement of the housing code shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code. No person who institutes, or assists in the prosecution of, a criminal proceeding under this code shall be liable to damages hereunder, unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act of omission. Any suit brought against any officer, agent, or employee of the city, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the city solicitor until the final determination of the proceedings therein.

   (D)   Notice of violation. Whenever the Code Enforcement Agency determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. The notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance, and shall be served upon the owner, agent, operator, or occupant, as the case may require. The notice shall be deemed to be properly served upon the owner, agent, operator, or occupant, if a copy is served upon him personally; or if a copy thereof is sent by registered or certified mail, return receipt requested, to the last known residence of the owner, agent, operator, or occupant; or if a copy is left at the place of residence of the owner, agent, operator, or occupant; or by such other method authorized by the laws of the state. If the owner, agent, operator or occupant of the subject premises is unknown, then a copy of the notice and order shall be mailed, addressed to such person, to the address of the subject premises. The failure of any such person to receive actual notice shall not affect the validity of any proceedings taken under this section. Service by certified, registered or ordinary mail in the manner herein provided, shall be effective on the date of mailing. The notice shall inform the person, to whom it is directed, of his right to apply for a hearing before the Housing Appeals Board as provided in § 155.15(C). The notice may contain an outline of remedial action and time limit which, if followed, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

   (E)   Final order. Any notice of violation provided for in § 155.14(D) shall automatically become a final order if written request for a hearing is not filed in the office of the City Manager or his duly designated representative within ten days after receipt of the notice. A copy of the order shall be served as provided in § 155.14(D).

   (F)   Power to act in emergencies. Whenever the City Manager, at any state of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists, which in his opinion, requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals, or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. The order may include an order to vacate as provided in § 155.16(C). Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.

   (G)   Agency to abate hazards in emergencies. Whenever any violation of this chapter, which in the opinion of the City Manager causes a direct hazard or immediate danger to health, safety, morals, or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under § 155.14(F), the City Manager may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 155.16(J).

   (H)   Demolition as compliance. Any owner of a building, receiving notice of violation stating that such building does not comply with the provisions of this chapter, may demolish such building; and such action shall be deemed compliance. Demolition of buildings and structures shall be in accordance with the provisions of Chapter 152 (Building Code).

   (I)   Reinspection. At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the City Manager or his duly designated representative to make, or cause to be made, a reinspection of the dwelling, dwelling unit, premises, and if compliance has not been established, appropriate legal action shall be instituted as specified in § 155.17, provided that additional notice of violation is not required.

   (J)   Extension of compliance time. The City Manager may extend the compliance time specified in any notice, or order, issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.

   (K)   Records confidential. The City Manager or his duly designated representative shall keep confidential all evidence which he may discover or obtain in the course of an inspection made pursuant to this chapter and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the City Manager for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, agent, operator, occupant, or other person in charge of the dwelling unit inspected.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 24-1989, passed 8-7-89; Am. Ord. 06-2002, passed 4-1-02; Am. Ord. 47-2023, passed 11-20-23)

   (A)   Appeals Board. The City Council shall serve as the Housing Appeals Board unless it shall by resolution designate another board or commission to be the Housing Appeals Board or establish a separate Housing Appeals Board. The City Manager or his duly designated representative shall serve as executive secretary to the Board.

   (B)   Duties of Housing Appeals Board. The Housing Appeals Board shall have the power to affirm, modify, or revoke the notice or order, and may grant an extension of time for the performance of any act required by this chapter. Where the Housing Appeals Board finds that there is practical difficulty or undue hardships connected with the performance of any act required by the provisions of this chapter and that such extension is in harmony with the general purpose of this chapter to secure the public health, safety, and welfare.

   (C)   Hearing.

      (1)   Request. Any person affected by any notice and/or order which has been issued in connection with the enforcement of any provisions of this chapter may request and shall be granted a hearing on the matter before the Housing Appeals Board provided that such person shall file in the office of the City Manager a written petition requesting such hearing and setting forth the name and address of the petitioner and a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order issued under the provisions of this chapter.

      (2)   Petition. Petition shall be filed within ten days after the day the notice and/or order is served. Upon receipt of such a petition the Housing Appeals Board shall set a time and place for a hearing before the Housing Appeals Board and shall give the petitioner written notice thereof. At the hearing the petitioner shall be given an opportunity to be heard and show cause why any item appearing on such notice and/or order should be modified or withdrawn. The failure of the petitioner or his representative to appear and state his case at such hearing shall have the same effect as if no petition had been filed.

      (3)   After a hearing, the Housing Appeals Board shall sustain, modify, or withdraw any item appearing on the notice and/or order by majority vote, depending upon its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the City Manager shall be notified in writing of such findings.

      (4)   The proceedings at such hearings, including the findings and decision of the Housing Appeals Board and reasons therefor, shall be summarized and reduced to writing and entered as a matter of public record in the office of the City Manager. The record shall also include a copy of every notice and/or order issued in connection with the matter.

(Ord. 39-1976, passed 8-16-76)

   (A)   Unfit dwelling units. Any dwelling or dwelling unit may be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the judgment of the head of the Code Enforcement Agency, these defects create a hazard to the health, safety, or welfare of the occupants, or of the public:

      (1)   Is damaged, decayed, dilapidated, insanitary, unsafe, or vermin infested.

      (2)   Lacks illumination, ventilation, or required sanitary facilities.

      (3)   General condition of the location is insanitary, unsafe, or unhealthful.

   (B)   Placard. Whenever any dwelling, dwelling unit, rooming house, or rooming unit, has been designated as unfit for human habitation as provided in § 155.16(A), the Code Enforcement Agency may placard the dwelling, dwelling unit, rooming house, or rooming unit, indicating that it is unfit for human habitation.

   (C)   Order to vacate. Whenever a notice of violation, as provided in § 155.16(B) has not been complied with or where § 155.15 (C) has not been invoked, the City Manager may order the dwelling or dwelling unit to be vacated. A copy of the notice to vacate shall be served on the owner, agent, operator, and the occupant, as provided in § 155.14 (D).

   (D)   Vacation of unfit dwelling. Any dwelling, or dwelling unit, designated as unfit for human habitation pursuant to § 155.16(A) and ordered vacated as provided in § 155.16(C), shall be vacated within such reasonable time as the City Manager may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation and the placard removed until written approval is secured from the City Manager.

   (E)   Removal of placard. No person shall deface or remove the placard from any dwelling, or dwelling unit, which has been designated as unfit for human habitation, except as provided in § 155.16(D).

   (F)   Vacated dwelling made secure. The owner, agent, or operator of any dwelling or dwelling unit, which has been designated as unfit for human habitation and vacated, shall make the dwelling or dwelling unit safe and secure in whatever manner the City Manager shall deem necessary. Any vacant building, open at the door and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.

   (G)   Notice of intent to demolish. Whenever the City Manager designates a building unfit for human habitation, as provided in this chapter, he may notify the owner, agent, operator, and occupant of his intent to order the demolition of the structure. A copy of the notice shall be served on the owner, agent, operator, and occupant as provided in § 155.14(D).

   (H)   Order to demolish. Whenever a notice of intent to order the demolition of the structure as provided in § 155.16(G) and whenever a notice of violation has not been complied with as provided in § 155.14(D) and whenever the cost necessary to correct the violation is not reasonably related to the value of the building the City Manager may order the building demolished in accordance with the provisions of Chapter 152 (Building Code).

   (I)   Agency to make repairs or demolish. Whenever a notice or order to remove a violation, secure, or vacate a building has not been complied with, and when such failure to comply is deemed by the City Manager to constitute a nuisance, he may proceed to cause the structure to be repaired, altered, secured, or vacated, or take such other action, including demolition, as is necessary to abate the nuisance. Whenever the City Manager determines that the nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee, or mortgagee shall be notified of such finding pursuant to § 155.14(D). Abatement authorized by this section shall not commence until at least 20 days after service of such notice.

   (J)   Expenses recoverable. The expenses incurred pursuant to §§ 155.14(G) and 155.16(I) shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Code Enforcement Agency shall file among its records an affidavit stating with fairness and accuracy, the items of expense and the date of execution of actions authorized by §§ 155.14 (G) and 155.16(I). The City Manager may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 06-2002, passed 4-1-02)

   The City Solicitor shall, upon complaint of the city manager or his designated representative, or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct, or remove such violation, and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided by law, any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.

(Ord. 39-1976, passed 8-16-76)

   In any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this municipality existing on the effective date of this code, the provisions which established the higher standard shall prevail.

   In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of this municipality existing on the effective date of this code which established a lower standard for the promotion, and protection of the safety and health of the people, the provisions of this code shall prevail.

(Ord. 39-1976, passed 8-16-76)

      (1)   Inspections will determine compliance with the housing standards in § 155.06 Exterior Property Areas and § 155.07 Structure Exterior. No opinion regarding the condition the interior dwelling or its code compliance will be provided, except in unusual circumstances and at the discretion of the Building Official.

      (2)   Results of a city inspection shall be kept on file according to the city’s record retention policies, open to public inspection, with copies provided upon request.

      (3)   Uncorrected violations will result in the withholding of a permit or permit renewal until such violations are corrected. Owners are required to apply for a permit or permit renewal according to the schedule in this chapter, and a withheld permit or renewal will not cause the permit fee to be pro-rated.

(Ord. 02-2006, passed 3-6-06; Am. Ord. 07-2007, passed 4-2-07; Am. Ord. 02-2010, passed 2-1-10; Am. Ord. 47-2023, passed 11-20-23)

      (1)   Failure to obtain an initial permit: $100.

      (2)   Failure to obtain a renewed permit: $250.

      (3)   Renting or occupying a dwelling unit for which the permit has been revoked: $500.

(Ord. 39-1976, passed 8-16-76; Am. Ord. 02-2006, passed 3-6-06; Am. Ord. 47-2023, passed 11-20- 23)