Hartford City City Zoning Code
CHAPTER 152
MINIMUM BUILDING AND PROPERTY STANDARDS
§ 152.01 ADOPTION OF STATE CODE.
I.C. 36-7-9-1 through 36-7-9-28, collectively the “State Code,” hereby are incorporated herein by reference as the “City of Hartford City Minimum Building and Property Standards.” All proceedings within the city for the inspection, repair and removal of unsafe buildings shall be governed by the State Code and by the provisions of this chapter. Unless otherwise expressly set forth herein, in the event the provisions of this chapter conflict with the State Code, then the provisions of the State Code shall control.
(Ord. 2020-11, passed 12-7-2020)
§ 152.02 SCOPE.
(A) The Common Council finds the structure, equipment, sanitation, maintenance, use and occupancy of residential properties, dwellings and rooming houses may cause a hazard to the public health, safety and welfare. These properties, dwellings and rooming houses may now exist or may exist in the future. The establishment and enforcement of minimum housing standards is required to correct and prevent the existence of public health and safety hazards and is necessary to promote the general welfare of the community.
(B) There are hereby established rules and regulations for the repair or elimination of unfit or unsafe housing conditions in the city, which shall be known as “The Minimum Housing Code of the City of Hartford City.”
(Ord. 2020-11, passed 12-7-2020)
§ 152.03 PURPOSE.
The purpose of this chapter is to provide minimum requirements to prevent the decay and deterioration of places of or intended for human habitation for the protection of life, limb, health, property, safety and welfare of the general public.
(Ord. 2020-11, passed 12-7-2020)
§ 152.04 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
BASEMENT. A portion of a building located partly underground, but having less than two-thirds of its clear floor-to-ceiling height below the average grade of adjoining property.
BOARD. The City Property Standards Board.
CELLAR. A portion of a building located partly or wholly underground and having two-thirds of its clear floor-to-ceiling height below the average grade of adjoining ground.
CODE ENFORCEMENT OFFICER. Any designated employee of the city whose assigned duties include the enforcement of this chapter.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions which are used or intended to be used for living, sleeping, eating, cooking and sanitation.
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 or trapping or by other recognized and legal pest eliminations.
GARBAGE. The animal and vegetable waste resulting from handling, preparing, cooking and consuming food.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping or cooking purposes, excluding bathrooms, laundries, pantries, foyers, hallways, closets and storage spaces.
OCCUPANT. Any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OWNER. Any person having a legal or equitable title in a real estate or premises.
OWNER’S REPRESENTATIVE. A person hired by an owner to represent or advocate on the owner’s behalf.
PERSON.
(1) Any entity including any of the following: individual, firm, corporation, association, partnership or limited liability corporation or company.
(2) References in the masculine gender include the feminine and the neuter, and the singular includes the plural.
PEST MANAGEMENT PROFESSIONAL. A person who:
(1) Is licensed, registered or certified by the state to perform pest control services; and
(2) Follows National Pest Management Association best practices for the extermination of insects, rodents, pests and bed bugs.
RENTAL BUILDING. A building containing one or more rental units.
RENTAL UNIT. A rented dwelling unit or rooming unit.
ROOMING HOUSE. A dwelling or part of a dwelling containing one or more rooming units, and in which space is let by the owner or the owner’s representative to persons who are not a husband, wife, son, daughter, mother, father, sister or brother of the owner or the owner’s representative.
ROOMING UNIT. A room or group of rooms forming a single habitable unit which is used or intended to be used for living and sleeping, but not for cooking purposes.
RUBBISH.
(1) Combustible and noncombustible waste materials except for garbage.
(2) The term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves, tin cans, metals, mineral matter, glass, crockery and dust.
TENANT. Any person who alone, jointly or severally with others occupies a dwelling, dwelling unit or rooming unit under an oral or written lease or who holds a legal tenancy.
(Ord. 2020-11, passed 12-7-2020)
§ 152.15 RESIDENTIAL BUILDINGS, ACCESSORY BUILDINGS AND GARAGES.
No building, accessory building or garage used for residential purposes shall fail to comply with the following requirements.
(A) Every supplied facility, piece of equipment or utility which is required under this chapter shall be constructed or installed so that it will function safely and effectively, and it shall be maintained in satisfactory working condition.
(B) Every foundation, floor, wall, ceiling and roof shall:
(1) Be reasonably weathertight and rodentproof;
(2) Be capable of affording privacy; and
(3) Be kept in good repair.
(C) The roof and flashing shall be sound, tight and not have defects which admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portions of the building. Roof drainage, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner which creates a hazard on the premises of adjacent property that is contrary to city ordinance.
(D) Every window, exterior door and basement hatchway shall be reasonably weathertight and rodentproof, and shall be kept in sound, working condition and good repair. All glazing materials shall be maintained free from cracks and holes.
(E) Every inside and outside stair, every porch and every appurtenance thereto shall be constructed so as to be safe to use and capable of supporting the load which normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Metal fire escapes shall be maintained in a rust-free condition.
(F) Every handrail and guard shall be firmly fastened and capable of supporting normally-imposed loads, and shall be maintained in good condition.
(G) All wood and metal surfaces including, but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and the surfaces repainted.
(H) All cornices, belt courses, corbels, terra- cotta trim, wall facings and similar decorative features shall be maintained in good repair, with proper anchorage and in a safe condition.
(I) All canopies, metal awnings, fire escapes, exhaust ducts and similar overhanging extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements against decay or rust by periodic application of weather-coating materials, such as paint or a similar surface treatment.
(J) Any pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property, or that of another tenant.
(K) All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water either thereon or within any structure located thereon.
(L) (1) All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(2) All sidewalks shall fully comply with the state standards, I.C. 36-9-36-17, § 4:19, Building codes, Legal Almanac: The Americans With Disabilities Act, § 4:19.
(3) An occupant shall ensure that the sidewalk remains clear of any encumbrances, such as obstacles, debris, ice, snow and the like.
(M) Any portion, member or appurtenance of a building shall not be likely to fail or become detached, dislodged or collapse, thereby injuring persons or damaging property.
(N) A building or structure shall not be unsafe for the purpose for which it is being used.
(O) A building or structure shall not be in such a condition that it is likely to partially or completely collapse due to:
(1) Dilapidation, deterioration or decay;
(2) Faulty construction; or
(3) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, or the deterioration, decay or inadequacy of its foundation.
(P) Exterior walls or other vertical structural members shall not list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(Q) A building or structure, exclusive of the foundation, shall not show 33% or more damage or deterioration of its supporting member or members, nor 50% damage or deterioration of its non-supporting members, coverings or enclosing or outside walls.
(R) A building or structure shall not have less than 66% of the strength, fire-resisting qualities or characteristics or weather-resisting qualities or characteristics from when it was originally contracted.
(S) A building shall not be so damaged by fire, earthquake, flood or any other cause that the structural strength and stability is materially less than it was before the catastrophe.
(T) A building or structure shall not be so damaged by fire, wind, earthquake or flood that it has become so dilapidated and deteriorated as it becomes freely assessable to persons.
(U) A building or structure shall not become a fire hazard because of obsolescence, dilapidated condition, deterioration, damage, lack of sufficient fire-resistive construction, electrical wiring, gas connection or heating apparatus.
(V) A portion of a building or structure shall not remain on the real estate more than three months after its demolition or destruction.
(W) (1) Regarding the exterior use or storage of indoor furniture and appliances, it shall be prohibited to store exterior to a structure materials or objects which are customarily utilized or intended to be utilized by the manufacturer in the interior of a structure. Such materials and objects include, but are not limited to, appliances, couches, sofas, furniture, mattresses, box springs, storage bins and boxes.
(2) A three-day exemption from division (W)(1) above is granted for materials or objects which are temporarily placed for disposal or removal from the property. If materials or objects placed for disposal have been tagged with an approved prepaid tag or sticker from the City Utilities Office, then the exemption may extend until the next scheduled trash collection day.
(3) The materials or objects utilized during the construction of an active construction or improvement project are exempt from division (W)(1) above for a period not to exceed 14 calendar days.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.16 EQUIPMENT AND FACILITIES.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following.
(A) Plumbing.
(1) Each occupied dwelling unit shall be connected to city utilities for water service and sewage disposal pursuant to the rules and regulations of the city utilities within 30 days of occupancy.
(2) Each occupied dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet and an adequate supply of both cold and hot water. All water shall be supplied through the city utilities.
(3) The water closet and tub or shower shall be located in a room affording privacy to the user.
(4) Every dwelling unit shall be supplied with water-heating facilities which are properly installed and maintained in good and safe working order.
(B) Heating system. Every dwelling unit shall be provided with heating facilities capable of maintaining a temperature of 65ºF at a point three feet above the floor in all rooms.
(C) Electrical system.
(1) Each dwelling unit shall be connected to a source of electrical current with a minimum 60 amp- size service.
(2) Each bathroom shall have a convenience receptacle with ground fault circuit interrupter protection.
(3) An approved electrical outlet shall be provided when an electric cooking appliance is used.
(D) Ventilation.
(1) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, as measured between stops, for every habitable room shall be 7% of the floor area of such room.
(2) The total openable window area in every habitable room shall be equal to at least 45% of the minimum skylight-type window size as required in division (E) below, except where there is supplied some other device affording adequate ventilation and approved by the Code Enforcement Officer.
(3) Every bathroom and water closet compartment shall have one openable window or openable skylight, except that no window or skylight shall be required in bathrooms or water closet compartments which are equipped with a mechanical ventilation system.
(4) Every public hall and stairway in every multiple-dwelling unit shall be provided with adequate lighting.
(5) Every door opening directly from a dwelling unit to outdoor space shall have screens and a self-closing device supplied, and every window or other device with openings to outdoor space which is used or intended to be used for ventilation shall likewise be supplied with screens.
(6) Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement or cellar which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entry.
(E) Size, height and floor area.
(1) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants and 75 additional square feet for any occupant thereafter.
(2) Every room occupied for sleeping purposes shall provide square footage in compliance with the following:
(a) One occupant: At least 70 square feet; and
(b) For each additional occupant: 50 square feet.
(3) At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet six inches.
(4) Unfinished basements or cellars shall not be used for sleeping purposes.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.17 SAFETY AND MAINTENANCE.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling unit for the purpose of living therein which does not comply with the following requirements.
(A) Exterior doors, including any exterior basement entrance and every exterior window, shall be supplied with a lock. The owner must supply locks, and the owner and occupant shall have the right to the key or keys for entry to the leased space.
(B) Every plumbing fixture, water pipe and waste pipe shall be properly installed and maintained in good, sanitary working condition, free from defects, leaks and obstructions.
(C) Every toilet room floor 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.
(D) No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from, shut off from or discontinued from any occupied dwelling or dwelling unit let or occupied by him or her except for such temporary interruption as may be necessary when actual repairs or alterations are in progress, or during temporary emergencies when discontinuance of service is approved by the Code Enforcement Officer.
(E) Every dwelling unit shall have its own metering system for natural gas, water, electricity or any other utility provided in the dwelling. If this requirement is not met, then the owner of the dwelling must have the utilities which are not metered separately in his or her own name.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.18 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
(A) Every owner of a dwelling, dwelling units, rooming units or hotel shall be responsible for maintaining it in a clean and sanitary condition.
(B) Every occupant of a dwelling unit or rooming unit shall keep in a clean and sanitary condition that part of the dwelling unit or rooming unit, and the premises thereof, which he or she occupies and controls.
(C) 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.
(D) Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens in double doors, storm doors and windows whenever the same are required under the provisions of this chapter, except where the owner has agreed to supply such service.
(E) (1) Every occupant and owner of a dwelling or dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises.
(a) Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only dwelling unit infested.
(b) Whenever infestation exists in two or more dwelling units, the extermination thereof shall be the responsibility of the owner.
(2) Notwithstanding the provisions of division (E)(1) above, whenever an infestation is caused by a failure of the owner to maintain the dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.
(3) (a) Every occupant of a dwelling or dwelling unit shall dispose of all garbage, rubbish, wastes, appliances, furniture and bulky items in a sanitary manner.
(b) This provision does not relieve the owner of the responsibility to maintain the property in a clean and sanitary condition.
(F) (1) Every occupant of a dwelling or dwelling unit shall dispose of all garbage which might provide food for rodents in a clean and sanitary manner by placing it in disposal facilities or storage containers.
(2) It shall be the responsibility and duty of the owner of any building containing more than one dwelling unit to provide the required waste disposal facilities.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.19 HOTEL, MOTEL AND ROOMING HOUSE OPERATION.
(A) No person shall operate a hotel or rooming house, nor occupy or let to another for occupancy any rooming unit in any hotel, motel or rooming house, except in compliance with the provisions set forth in this section.
(B) In addition to the provisions set forth in this chapter for all rental properties, the following requirements shall be met.
(1) At least one flush toilet, bathroom sink and bathtub or shower which are properly connected to the water and sewer systems of the city and in good working condition shall be supplied for every eight persons, or fraction thereof, residing within a hotel or rooming house, including the members of the operator’s family whenever they share the use of such facilities. Every bathroom sink and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement.
(2) The operator of every hotel, motel or rooming house shall change supplied bed linens 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.
(3) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
(4) Every rooming unit shall have a safe and unobstructed means of egress leading to a safe and open space at ground level.
(5) The operator of every hotel, motel or rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the maintenance and sanitary condition of every other part of the hotel, motel or rooming house, including where the entire structure or building is leased or occupied by the operator.
(6) Owners or managers of hotels, motels or rooming houses shall be responsible for the extermination of any insects, rodents, vermin or other pests therein or on the premises.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.20 RENTAL PROPERTY REGISTRATION.
(A) No owner of real estate within the city shall permit the real estate to be leased for any purpose that includes any person using the premises as their living quarters until a rental certification for each rental unit in a building has been obtained. No rental certification shall be required for a manufactured or modular home occupied by the owner of the same who does not own the real estate on which the manufactured or modular home is located.
(B) (1) A rental certification shall be obtained by making an application on forms provided by the city at the office of the Code Enforcement Officer and by paying an annual certification fee of $50 for each rental dwelling unit and an annual fee of $150 for each hotel, motel and rooming house. The fees shall be submitted at the time the application is made and be payable at City Hall, 700 N. High Street.
(2) At the time the application is made, the owner of the real estate shall supply his or her mailing address, the street address of the property being certified, the nature of the rental building or unit and any other information which may be required to assist in inspections and the enforcement of this chapter.
(C) The owner or the owner’s representative shall be entitled to 72 hours’ written notice from the Code Enforcement Officer prior to conducting an inspection. In the event that the owner, or if occupied, the tenant, refuses to allow the inspection, the Code Enforcement Officer shall apply for a warrant to make the inspection.
(D) After an inspection is complete and the rental unit is determined to be in compliance with this chapter, the Code Enforcement Officer shall issue to the owner a certificate.
(E) (1) Each certificate shall be valid for a period of two years. A certificate shall be renewed by its expiration date by submitting the application fee to the office of the Code Enforcement Officer.
(2) Certificates issued shall be valid for the specified period and commence on the anniversary date of the original expiration date, not as of the date of payment. In the event that the application fee is not paid within 30 days after the expiration date, a late fee of $100 will be assessed and the renewal will be retroactive to the prior expiration date.
(3) Payment of the certificate fee shall not be considered a defense to any action filed by the city to enforce the provisions of this chapter if such action was filed prior to payment of the application fee. In the event of a certificate revocation by the Code Enforcement Officer or the Property Standards Board, said property must be recertified through the process addressed in divisions (E)(1) and (E)(2) above.
(F) A rental certification applies to the rental unit and not to the owner of the property. However, within 30 days of the sale of equitable or legal title to any property certified under this chapter, any person acquiring equitable or legal title shall notify the Code Enforcement Officer of his or her name and mailing address and the address of the property acquired. No new application fee shall be due until the expiration date of the current certification.
(G) Each owner of a rental unit warrants at each change of tenant that the rental unit meets the certification and inspection requirements set forth in this chapter. This warrant is implied in the very act of renting the unit, and liability for it may not be removed by any act or agreement, either written or verbal, of either the owner or the prospective tenant.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.21 SMOKE ALARM INSTALLATION.
(A) All rental units, including hotels, motels and any other buildings of mixed occupancy having any residential units, shall be equipped with approved smoke alarms.
(B) Every owner, owner’s representative or manager of any rental unit shall install in every dwelling unit or rooming unit not less than one approved smoke alarm within 15 feet of all rooms used for sleeping purposes. The installation of the smoke alarms shall be in accordance with the manufacturer’s written instructions for that location.
(C) Every owner, owner’s representative or manager of any rental unit shall install in every dwelling unit or rooming unit not less than one approved smoke alarm on the uppermost ceiling of all interior stairwells. The installation of the smoke detector shall be in accordance with the manufacturer’s written instructions for that location.
(D) All approved smoke alarms required by this section shall be either ionization or photoelectric types and either battery powered or receiving their primary power from the building’s wiring when such building is served from a commercial source, and when primary power is interrupted, receiving their power from a battery. Smoke alarms shall be listed and labeled in accordance with UL 217 and installed in accordance with the manufacturer’s written instructions.
(E) At every change of tenants in a rental unit, it shall be the responsibility of the owner, owner’s representative or manager to test and ascertain that the approved smoke detectors are in operable condition. It is the tenants’ responsibility to replace batteries as needed while they occupy the rental unit and to report to the owner, owner’s representative or manager any repairs needed to any smoke detector.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.22 BED BUG ELIMINATION.
(A) Bed bugs are hereby declared to be a public nuisance subject to the abatement provisions of this chapter.
(B) (1) It is the responsibility of every rental certification holder under this chapter to provide pest control services when bed bugs are found on any licensed premises. Pest control services shall be conducted by a pest management professional as many times as necessary to totally eliminate the reported bed bug problem.
(2) Every licensee shall maintain a written record of the pest control measures performed by the pest management professional on the licensed premises and the receipts and reports prepared by the pest management professional related to those measures taken. The record shall be open to inspection by the Code Enforcement Officer or the County Health Department.
(C) It shall be unlawful for any certified rental unit under this chapter which provides sleeping accommodations for hire, rent or otherwise to provide any such sleeping accommodations in which an infestation of any bed bugs is discovered or suspected unless an inspection by the pest management professional has determined that no such infestation exists or that the infestation has been exterminated.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.23 VACANT BUILDING STEWARDSHIP.
The city recognizes that vacant buildings pose and present special problems. An owner has an affirmative duty to secure and protect structures located on the owner’s property.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.35 INSPECTIONS OF RENTAL PROPERTY.
(A) Every rental unit operated and maintained in the city may be subject to an annual inspection by the Code Enforcement Officer or his or her designee. The inspection shall be made to ascertain that the facility conforms to all of the requirements of this chapter and to any other ordinance of the city and all statutes of the state regarding such facilities.
(B) The Code Enforcement Officer and City Property Standards Board are authorized to enter, examine and survey all rental units at reasonable times. At reasonable times, the owner, owner’s representative and occupant of every rental unit shall give the Code Enforcement Officer or the Board free access to such rental unit and its premises for the purpose of such inspection, examination and survey, provided, however, that such Code Enforcement Officer has positively identified himself or herself as a person authorized pursuant to this chapter to enter upon the premises prior to entry thereof. At the time of each inspection, all pets must be controlled so that the Code Enforcement Officer can move about the rental unit and surrounding property without interruptions.
(1) The owner or the owner’s representative shall be entitled to 72 hours’ written notice from the Code Enforcement Officer prior to conducting the inspection, examination or survey. The owner or the owner’s representative shall be responsible for notifying the occupant of any rental unit of the inspection when he or she receives notice of the intent to inspect.
(2) In the event that the owner, or if occupied, the tenant, refuses to allow the inspection, the Code Enforcement Officer shall petition the City Property Standards Board for legal action.
(3) This provision shall not be construed to limit or restrain the right of the Code Enforcement Officer to make an inspection of any other building or premises.
(C) The Code Enforcement Officer shall issue to the owner after the inspected rental unit an inspection certificate as proof that the unit passed inspection. The inspection certificate shall be valid until the next inspection.
(D) If the Code Enforcement Officer finds that a rental unit fails to comply with any other ordinance of the city or any statute of the state, then he or she shall give notice of the alleged violation to the owner of the rental unit. The notice shall be in writing and shall reasonably describe the violation found. The notice shall further specify the date by which the violation must be corrected. The notice shall be served upon the owner or the owner’s representative and the occupant of the rental unit.
(E) Upon notification that a rental unit has not obtained a rental certification, the Code Enforcement Officer may inspect such premises upon 24-hour notification to the owner of the property for the purpose of determining if any inspection certificate is required. If access cannot be obtained, the Code Enforcement Officer may obtain an inspection warrant.
(F) At each change of occupancy, the owner or the owner’s representative shall provide the occupant with a copy of the inspection certificate. In the case of a hotel or rooming house, the inspection certificate shall be posted in a conspicuous place within the facility.
(G) Every occupant of a rental unit shall give the owner thereof or the owner’s representative access to any part of such rental unit or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.36 SERVING NOTICES OF VIOLATION.
(A) The Code Enforcement Officer shall give notice of a violation of this chapter. Such notice shall be in writing and shall be delivered by registered or certified mail to the owner of record as recorded in the County Records Office at the last known address on file in the County Treasurer’s Office. If the owner’s address is different than the address shown for the property involved, then a notice shall also be sent to the address of the property involved, addressed to the occupant of such address.
(B) The notice shall constitute an order based upon findings of fact directing the owner and occupant to repair, vacate or demolish such building or otherwise comply with such order.
(C) The notice shall contain the following:
(1) The name of the owner, occupant and any other persons with legal interest in the premises;
(2) The street address or legal description of the premises;
(3) A general description of the improvements located on the property;
(4) A list of defects;
(5) Whether or not repairs or corrections of the defects shall be made so that the building will comply with the terms of this chapter, and if so, a list of the required repairs, or whether or not the building shall be demolished;
(6) Whether or not the building shall be vacated by the occupants, and if so, the date by which such vacation shall be effected;
(7) Whether or not the building constitutes a fire menace; and
(8) A statement of the time considered reasonable for the owner to make the required repairs or otherwise comply with the requirements of the notice, or to allow the occupant time to vacate the premises.
(a) A reasonable time shall not exceed 30 days except for in cases of unusual or extenuating circumstances. The time to commence may be extended by the Code Enforcement Officer for an additional period of up to 60 days, provided that an application for an extension is made by the owner, occupant or other person who has a legal interest in the property at least five days before the expiration of the time to commence, repair, vacate, demolish or otherwise comply with the notice.
(b) A reasonable time to complete the repairs, vacation or demolition or to otherwise comply as provided in the notice shall not exceed 90 days from the date of notice unless the time is extended by action of the City Property Standards Board.
(Ord. 2020-11, passed 12-7-2020)
§ 152.37 SERVING NOTICES OF VIOLATION ON CITY NONRESIDENTS.
When the owner, lien holder or other legally- interested person is not a resident of the city or county, all notices and orders provided for herein shall be sent by registered or certified mail to the last address on file in the County Treasurer’s Office.
(Ord. 2020-11, passed 12-7-2020)
§ 152.38 PLACARD POSTING ON UNINHABITABLE OR DANGEROUS BUILDINGS.
(A) Upon inspection of any building within the city, if the Code Enforcement Officer shall find the same to be uninhabitable, then he or she shall place a placard on the uninhabitable and dangerous building.
(B) The placard shall read as follows.
DANGER This structure is declared unsafe for human occupancy or use. It is unlawful for any person to use or occupy this building after: ______. Any unauthorized person removing this sign WILL BE PROSECUTED. Refer to: Ordinance No. ______ Signed: ______ |
(Ord. 2020-11, passed 12-7-2020)
§ 152.39 AGREEING WITH NOTICE OF VIOLATION AND REMEDIAL ACTION.
The owner or person with a legal interest may agree with the Code Enforcement Officer’s notice of violation, and the owner or person with legal interest may agree to the remedial action recommended by the Code Enforcement Officer. Any such agreement shall be in writing and shall define the defect of defects and the remedial action which will be taken to remedy the defect or defects. The agreement shall include a time frame to complete all remedial actions.
(Ord. 2020-11, passed 12-7-2020)
§ 152.40 GIVING NOTICE OF HEARINGS.
(A) The Code Enforcement Officer shall give notice of all proceedings before the City Property Standards Board to the owner of record of the affected property and to each holder of a recorded lien against said property as shown by the County Recorder’s records. The Code Enforcement Officer shall give notice to all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property, or as close to the front door as is practical.
(B) The Code Enforcement Officer shall mail by registered or certified mail and post each required notice at least ten days prior to the date of the scheduled hearing before the City Property Standards Board. At least ten days prior to the hearing, the Code Enforcement Officer shall also publish on one occasion a notice of the hearing in a newspaper of general circulation in the city.
(C) Notice required to be mailed, posted or published under this section shall state the date, time and place of the hearing. In addition, each notice shall contain:
(1) The name of the owner or owners, the occupant or occupants and other persons with legal interest in the property;
(2) The street address or legal description of the premises;
(3) A general description of the improvements;
(4) A list of defects on the property; and
(5) A brief statement of the action to be considered by the Property Standards Board.
(Ord. 2020-11, passed 12-7-2020)
§ 152.41 HEARINGS.
(A) The property owner or other person with a legal interest in or affected by the Code Enforcement Officer’s notice may appear and be heard at the hearing scheduled before the City Property Standards Board. An aggrieved person may present facts or evidence that the subject rental unit is not defective or in violation of this chapter. The affected person may be represented by an attorney and may bring witnesses or other evidence to the hearing for the City Property Standards Board’s consideration. The Board will receive evidence from affected and interested persons together with the evidence and findings of the Code Enforcement Officer.
(B) Thereafter, the City Property Standards Board will issue its findings and an order with its determination of whether or not the structure is defective and in violation of this chapter.
(1) Findings and determinations will be made with sufficient clarity and specificity so as to identity the conditions which constitute the defect, and therefore, a violation of this chapter.
(2) The order shall describe the remedial repairs, maintenance or demolitions which the City Property Standards Board determines are necessary to remedy the defects and the violations of this chapter.
(3) The order shall specify the time frame within which the owner or affected person with a legal interest shall have to remedy the defects and the violations of this chapter.
(C) The owner or other affected person with legal interest may agree and consent to the findings and the order of the City Property Standards Board. In such an event, the owner or affected person with legal interest will sign the findings and order, which shall become binding on the owner or affected person with legal interest without further action by the City Property Standards Board.
(Ord. 2020-11, passed 12-7-2020)
§ 152.42 APPEALS.
(A) In the event the owner or affected person with legal interest does not agree with the City Property Standards Board’s findings and order, the owner or affected person with legal interest shall have the right to appeal the decision of the City Property Standards Board to the County Circuit Court or Superior Court by initiating an action within 30 days from the date of the Board’s order.
(B) In the event the owner or affected person with legal interest does not agree with the Board’s findings and order, the City Property Standards Board may seek enforcement of the order by filing an action in the County Circuit Court or Superior Court to enforce its findings and order by a judicial decree. The judicial review provided herein shall not be a trial de novo, except that the court may, at the court’s discretion, allow additional evidence as the court deems appropriate and necessary.
(C) In the event the owner or affected person with legal interest does not agree with the Board’s findings and order, and in the event either party seeks the intervention of a court, remedial action shall not be required until the judicial proceedings are completed or the court enters an order directing remedial action.
(Ord. 2020-11, passed 12-7-2020)
§ 152.43 REMEDIATION BY CITY; COST ASSESSED AS LIEN.
(A) In the event an owner or affected person with legal interest does not undertake remedial action as required by the Board’s findings and order or by a judicial determination thereon, the city may take remedial action as necessary and pursue an action at law against the owner or affect person with legal interest for the costs necessitated thereby.
(B) Any costs and expenses incurred by the city for remedial action under this chapter shall become a lien against the subject property with or without a judicial decree or judgment.
(Ord. 2020-11, passed 12-7-2020) Penalty, see § 152.99
§ 152.44 CITY RESPONSE IN EMERGENCY CIRCUMSTANCES.
(A) In the event the City Property Standards Board, at the request of the Code Enforcement Officer, Health Department or other governmental agency charged with the responsibility of protecting the public health, safety and welfare, determines that an emergency exists, then and in that event, the City Property Standards Board may proceed to take appropriate remedial action as may be necessary to protect the public health, safety and welfare, including demolition of the rental unit which is in violation of this chapter.
(B) In the event the City Property Standards Board invokes the emergency provisions of this section, the City Property Standards Board shall provide notice as is reasonable under the circumstances to the owner and any person with a legal interest as disclosed in the records of the County Treasurer’s Office and County Recorder’s Office. Notice sent by certified mail, return receipt requested, to the address of the owner and any person with a legal interest shall be deemed good and sufficient notice.
(Ord. 2020-11, passed 12-7-2020)
§ 152.99 PENALTY.
Violations of this chapter shall be addressed as established in the State Code and as the same may be amended from time to time.
(Ord. 2020-11, passed 12-7-2020)