Sec. 34-1. - Definitions.

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

Basement means a portion of a building located partly underground, but having 3½ feet or more of its floor-to-ceiling height above the average level of the adjacent finished grade.

Cellar means a portion of a building located partly or wholly underground, and having less than 3½ feet of its floor-to-ceiling height above the average level of the adjacent finished grade.

Dwelling means any house or building or portion thereof which is used or intended to be used in whole or in part as a home, residence or sleeping place of one or more human beings, either permanently or transiently.

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, including a mobile home for single-family use which meets the requirements of the building and zoning codes.

Enforcement officer means the commissioner of licenses and inspections of the department of licenses and inspections of the city or his authorized representatives.

Extermination means the control and elimination of insects; rodents or other pests 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 recognized and legal pest elimination methods approved by the enforcement officer.

Family means one adult occupant plus one or more persons who are legally related to such occupant as husband or wife, son or daughter, mother or father, mother-in-law or father-in-law, brother or sister, or any foster child or ward.

Garbage means animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

Hotel means any dwelling, or that part of any dwelling, in which sleeping accommodations are offered for pay by the owner or operator to four or more persons who are transients.

Hotel unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping in a hotel, but not for cooking.

Infestation means the presence, within or around a dwelling, of any insects, rodents or other pests.

Multiple dwelling means any dwelling containing more than one dwelling unit.

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.

Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner means any person who, alone or jointly or severally with others, shall have:

(1)

Legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

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

Premises means a lot, piece or parcel of land including the buildings or structures thereon.

Rooming house means any dwelling, or part thereof, containing four or more rooming units designed to be used for sleeping accommodations and to be let, for compensation, by the owner or operator thereof to four or more persons who are not husband or wife, son or daughter, mother or father, sister or brother, father-in-law or mother-in-law of the operator or owner.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish means combustible and noncombustible waste materials, except garbage; and such term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust, and the residue from the burning of wood, coal, coke and other combustible material.

Supplied means paid for, furnished or provided by, or under the control of, the owner or operator.

Unfit dwelling or dwelling unit means any dwelling or dwelling unit which:

(1)

Is so damaged, decayed, dilapidated, unsanitary, difficult to heat, unsafe or vermin-infested that it creates a hazard to the health or welfare of the occupants or the community;

(2)

Lacks illumination, ventilation or sanitary facilities adequate to protect the health or welfare of the public; or

(3)

Because of its general condition or location is unsanitary or otherwise dangerous to the health or welfare of the occupants or the public.

Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "hotel," "hotel unit" and "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

(Code 1968, § 34-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 34-2. - Compliance required.

All repairs, additions, alterations or replacements to dwellings, dwelling units or premises to bring such dwellings, dwelling units or premises into compliance with this chapter shall conform to all provisions of this Code and other city ordinances and regulations governing the construction, replacement, repair or alteration of such dwellings, dwelling units and premises and the facilities and equipment contained therein.

(Code 1968, § 34-2)

Sec. 34-3. - Construction of chapter—Authority of city relative to nuisances.

Nothing in this chapter shall be construed or interpreted to in any way impair or limit the authority of the city or any department or agency thereof to define and declare nuisances and to cause the removal or abatement of nuisances by appropriate proceedings as provided by law.

(Code 1968, § 34-12)

Sec. 34-4. - Same—Other city regulations.

(a)

The provisions of this chapter shall not be construed to abrogate the responsibility of any person to comply with the other provisions of this Code and any other zoning, building, fire, safety, electrical, plumbing or public health ordinance or regulation of the city.

(b)

In any case where a provision of this chapter is found to be in conflict with any other provision of this Code or with a provision of any zoning, building, fire, safety, electrical, plumbing or public health ordinance of this city existing on July 3, 1962, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

(Code 1968, § 34-13)

Sec. 34-5. - Right of access of owner, etc., for purposes of making required repairs, etc.

Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

(Code 1968, § 34-3)

Sec. 34-6. - Reprisals against tenant for reporting violations prohibited.

(a)

No owner, landlord, firm or corporation or any agent, officer or employee thereof shall threaten to take reprisals against any tenant for reporting or complaining of the existence or belief of the existence of any housing, health, sanitary or building code violation to any governmental authority.

(b)

Receipt of a notice to quit the leased premises without cause within 90 days after making such report or complaint shall create a rebuttable presumption that such notice is a reprisal against the tenant for making such report or complaint.

(Code 1968, § 34-7.1)

Sec. 34-7. - Unlawful lease-purchase practices.

(a)

It shall be unlawful for any owner to accept or retain any deposit of sums of money pursuant to any purported installment contract of sale, or any purported rental with an option to buy, or any purported lease-purchase of any dwelling, dwelling unit or rooming house in the city from any person in the absence of a duly executed written agreement for the same. It shall further be unlawful for any owner to refuse to make full refund of any deposit of sums of money paid by any person for such purported purposes in the absence of a duly executed written agreement for the same or to refuse to any such person occupancy of the subject premises without making full refund of any such deposit.

(b)

Complaints by any persons alleging violations of the provisions of subsection (a) of this section shall be filed with the office of the commissioner of licenses and inspections for investigation and prosecution in the municipal court.

(c)

Any owner violating the provisions of this section shall upon conviction thereof before the municipal court be fined an amount up to $500.00 for each such violation plus the costs of prosecution and shall make full restitution of any and all deposits of money paid to such owner by any person in violation of this section.

(Code 1968, § 34-17.2)

Sec. 34-8. - Proof of state of mind not required for strict liability violations.

It is unnecessary to prove the defendant's state of mind with regard to offenses which constitute violations as the legislative purpose is to impose strict liability for such offenses.

(Ord. No. 94-002, § 6, 2-24-94)

Sec. 34-9. - Violations and penalties; community service.

Upon conviction of any person for any violation of the provisions of this chapter, the judicial sentencing official may prescribe a certain number of hours of community service to be provided by the convicted person to the city's department of public works in street cleaning activities for any such housing code violation, the penalty for which is a fine of no less than $250.00 and no more than $1,000.00 for the first offense; no less than $500.00 and no more than $2,500.00 for the second offense; and no less than $1,000.00 and no more than $5,000.00 for the third and subsequent offenses; said hours of community service to be either in addition to such fine or in lieu of such fine as the sentencing official deems appropriate. The department of public works shall coordinate the administration of this section with the state office of probation and parole.

(Ord. No. 98-098, § 2, 9-30-98; Ord. No. 03-075(sub 1), § 13, 12-4-03)

Secs. 34-10—34-35. - Reserved.