The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dwelling means the same as “Residential structures.”

Dwelling unit means 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.

Habitable room means a room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls, storage places, or other similar places, not used by persons for extended periods.

Nonresidential structure means any structure which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than nonresidential purposes, and, where applicable, the premises on which such structures are situated.

Occupant means any person, over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

Owner means any person who jointly or severally along with others, shall be in actual possession of, or have charge, care or control of any dwelling or dwelling unit within the city as owner, employee, or agent of the owner, or as trustee or guardian of the estate of person of the title holder; and such person shall be deemed and taken to be the owner or owner of such property within the true intent and meaning of this article and shall be bound to comply with the provisions to the same extent as the record owner; and notice to any such person shall be deemed and taken to be a good and sufficient notice as if such person was actually the record owner or owner of such property.

Public officer means such person appointed by the governing body to exercise the authority and conduct proceedings in accordance with this article.

Residential structure means any building, dwelling or structure, or part thereof, used and occupied for human habitation or intended to be used and including any appurtenances belonging to or usually enjoyed with the structure.

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

(Code 1999, 14-41; Ord. 327; Code 2016)

It shall be unlawful for any person to fail to comply with any lawful orders issued pursuant to the provisions of this article.

(Code 1999, 14-42; Ord. 327; Code 2016)

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating, 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 public officer.

(b)   Every dwelling unit (except as otherwise permitted under subsection (c)) shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet, a lavatory basin, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the public officer.

(c)   The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower if:

(1)   Neither of the two dwelling units contains more than two rooms; for the purposes of this subsection, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room;

(2)   The habitable area of each of such dwelling units shall equal not more than 250 square feet of floor area; and

(3)   Such water closet, lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the public officer.

(d)   Every kitchen sink, lavatory basin and bathtub or shower shall be properly connected with both hot and cold water lines.

(e)   Every dwelling unit shall be supplied with adequate trash storage and garbage disposal facilities.

(f)    Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling unit heating facilities are not in operation.

(g)   Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level.

(h)   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 every habitable room shall be ten percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room.

(i)    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 15 percent of the minimum window area size as required in subsection (h), except where there is supplied some other device affording adequate ventilation and approved by the public officer.

(j)    Every bathroom, toilet room and similar room shall have an aggregate window area of not less than three square feet. An approved system of mechanical ventilation and artificial light may be used in lieu of windows required by this subsection. Mechanical ventilation systems shall be capable of producing a change of air every five minutes and shall be connected directly to the outside. Toilet compartments and bathrooms ventilated in accordance with this subsection may be provided with artificial light.

(k)   Every habitable room shall contain at least two separate floor- or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source or electric power in a safe manner.

(l)    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 to a temperature of at least 70 degrees Fahrenheit, at a distance three feet above floor level, under ordinary winter conditions.

(m)  Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof; shall be capable of affording privacy; and shall be kept in good repair.

(n)   Every window, exterior door and basement hatchway shall be reasonably watertight, weathertight and rodentproof, and shall be kept in sound working condition and good repair.

(o)   Every inside and outside stair, every porch, and every appurtenance shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed and shall be kept in sound condition.

(p)   Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

(q)   Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(r)    Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

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

(t)    Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant and at least 100 additional square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room area.

(u)   In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.

(v)   No dwelling or dwelling unit, except a dwelling or dwelling unit occupied by a single family, containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

(w)  At least 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 total floor area of the room for the purpose of determining the maximum permissible occupancy.

(x)   No cellar space shall be used as a dwelling unit, except as provided in subsection (y).

(y)   The use of basements and cellars for dwelling units is prohibited unless it complies with subsection (i) governing ventilation; however, if available for use as a dwelling unit on August 9, 1977, and the basement or cellar complies with all other provisions of this article, the public officer may approve a window area less than that required if in his opinion the window area is not detrimental to the occupants.

(Code 1999, 14-43; Ord. 327; Code 2016)