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HomeMy WebLinkAboutOrdinance #1273-AHEALTH AND SANITATION Sec. TITLE: This article shall be known and may be cited as the Housing Code of the City of Canton. Sec. PURPOSE: The ultimate purpose of this code is to prevent blight and the deterioration of neighborhoods to slums. More immediately, the purpose of this code is to establish minimum standards for maintaining both private and commercial residential property so as to, on the one hand, provide occupants and neighbors with a healthful and safe environment in which to live, and, on the other hand, to permit the fullest use of residential properties for residential purposes at the lowest reasonable cost to owner-occupants and to landlords and tenants. Sec. DEFINI'T'IONS: The following definitions shall apply in the interpretation and construction of this code: ACCESSORY STRUCTURE: Means a detached structure which is not used or nor intended to be used for habitation. APPROVED: Refers to approval given by the Director of Inspections. CENTRAL HEATING SYSTEM: Means a single system supplying heat to one or more dwelling units or more than one rooming unit. 1 COMMISSION: Means the Housing Commission of the City of Canton. DILAPIDATED: Means fallen into ruin, decay or disrepair in excess of ten (10) percent of the structure. DIRECTOR: Means the Director of the Department of Inspection Services. DORMITORY: Means a room or group of rooms in any dwelling used for living and sleeping purposes by four (4) or more persons but not for cooking purposes. DWELLING: Means any enclosed space which is wholly or partly habitable by human occupants; provided that temporary housing, as hereinaf ter defined, is not a dwelling. DWELLING UNIT: Means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or to be used for living, sleeping, cooking and eating. EXTERMINATION: Means the control and elimination of insects, rodents and other pests. FAIR MARKET VALUE: Means a price at which both a ready and voluntary buyer and a ready and voluntary seller would be willing to effect a sale of the property between themselves. 2 FAMILY: Means one or more persons all related to each other by birth, adoption or marriage occupying a single dwelling unit or doing their own cooking and living together as a single housekeeping unit, or an unrelated group of not more than five (5) persons all of whom are adults occupying a single dwelling unit and doing their own cooking and living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority or hotel. GARBAGE: This word shall include and mean all accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruit, vegetables and any other matter, of any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious and offensive smells or odors, of which, during and after decay may be a food source for rodents and may serve as breeding or feeding materials for flies and/or other germ carrying insects; bottles, cans or other food containers, which due to their ability to retain water, can serve as a breeding place for mosquitoes, or other water-breeding insects. It includes rejected household food waste, offal, pet feces, swill and carrion. GRADE: Means the average lawn or paved elevation in front of any required window wall. GUEST: Means any person who inhabits, without consideration, a 3 dwelling unit temporarily and for not more than thirty (30) days. HABITABLE ROOM, MINIMUM SIZE: A room with one minimum dimension of seven (7) feet and a minimum area of seventy (70) square feet, between enclosing walls or partitions, exclusive of closet storage spaces and kitchenettes. HABITATION: Means living, sleeping, cooking, and eating or any combination of these in any space by human beings. HEALTH OFFICER: Means the Health Officer of the Canton Police Department or his authorized representative. HEATED WATER: means water heated to a temperature of not less than one hundred twenty (120) degrees Fahrenheit at the outlet. INFESTATION: Means the presence within or about a dwelling of any insects, rodents, or other pests. KITCHEN: Means any room containing any of the following equipment; or any area of a room within three (3) feet of such equipment: sink or other devise for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets or shelves for storage of equipment and utensils, a counter or table for food preparation. KITCHENETTE: Means a kitchen having a f loor space of less than fifty (50) square feet. 4 LET: Means to lease, sublet, rent or assign, orally or in writing, for use and occupancy by human beings, for due consideration. MULTIPLE DV+)ELLING: Means a dwelling containing more than two (2) dwelling units and/or rooming units. OCCUPANCY: Means the right to possession. OCCUPANT: Means any person, over one year of age, living, sleeping, cooking or eating in or actually having right to use or possession of a dwelling unit; except that a guest will not be considered an occupant. ORDINARY MAXIMUM SUMMER TEMPERATURE: Means a temperature of ninety (90) degrees Fahrenheit. ORDINARY MINIMURZ WINTER TEMPERATURE: Means a temperature of minus eleven (-11) degrees Fahrenheit. OWNER: Means any person who, alone, jointly or severally with others: (a) Has legal or equitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof ; or, (b) Has charge, care or control of any premises, dwelling or dwelling unit, as agent of the owner as an executor, 5 administrator, trustee, or guardian of the estate of the beneficial owner. The person whom on the records of the Recorder of Deeds of r'ulton County to be the owner of a particular property shall be presumed to be the person in control of that property. PERMISSIBLE OCCUPANCY: Means the maximum number of occupants permitted to reside in a dwelling unit. PERSON: Means and incudes an individual, group, corporation or partnership. PLUMBING: Means and includes all of the following: Gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatory basins, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer or gas lines. PREMISES: Means a parcel of land including any structures thereon. PUBLIC AREA: Means that area used or intended to be used by occupants of more than one dwelling unit in a dwelling. RAT HARBORAGE: Means any place where rats can live, nest or seek shelter. 6 RAT-PROOF: Means a form of construction which will prevent the entrance and exit of rats to and from a given space or building. REFUSE: All putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes. REFUSE CONTAINER: Means an approved, covered, water tight container of durable material impervious to rodents, capable of being emptied easily when full and shall include a metal refuse box, of at least one cubic yard capacity, designed for handling by mechanical means and other containers of not more than thirty-two (32) gallons capacity. 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 purposes. RUBBISH; Nonputrescible, solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, dead trees, tree limbs, wood, glass, bedding, crockery and similar materials. However, rubbish shall not include wood and other materials that are stored according to city ordinances and used for fuel. SPACE HEATER: Means a gas, oil or electric heating appliance designed to heat not more than two thousand five hundred (2,500) 7 cubic feet of enclosed space to a temperature of seventy (70) degrees Fahrenheit at eighteen (18) inches above floor level at an outdoor temperature of minus eleven (-11) degrees Fahrenheit. TEMPORARY HOUSING: Means any tent, trailer, mobile home, and any other transportable structure used for human shelter not attached to the ground, to another structure or to any utility system on the same premises for more than thirty (30) consecutive days. TENANT: Means renter, lessee, roomer and assignee of a dwelling or dwelling unit. Sec: MINIMUM STANDARDS FOR EQUIPMENT AND FACILITIES. The owner of each dwelling shall provide the following minimum equipment and facilities in every dwelling unit therein: Sec: Each dwelling unit shall have a room or portion of a room in which food may be prepared and cooked, equipped with the following: (a) A kitchen sink in good working condition and properly connected to an approved water supply system which provides at all times heated and unheated running water under pressure, and which is connected to an approved plumbing and sewerage system. (b) Cabinets and shelves, or both, for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary maximum summer temperature require 8 refrigeration for safe keeping; and a counter or table for food preparation. Cabinets, shelves, counters and tables shall be adequate for the occupants of the dwelling or dwelling unit and shall be of sound construction with surfaces that are easily cleaned and do not impart any toxic or deleterious effect to food. (c) A cooking stove or range for cooking food, and a refrigerator for the safe storage of food at temperatures less than forty-five (45) degrees Fahrenheit but more than thirty-two (32) degrees Fahrenheit under ordinary maximum temperature, installed with all necessary connections for safe, sanitary and efficient operation. A stave or range and refrigerator need not be installed when a dwelling unit is not occupied and when the tenant has agreed to provide his own, on occupancy. In any event, sufficient space and adequate connections for the safe installation and operation of the stave or range and refrigerator shall be provided by the owner. Sec: Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within that room and which is equipped with an operable flush toilet bowl. The toilet bowl shall have easily cleanable surface and seat cover and be connected to an approved water system and an approved plumbing and sewerage system. Sec: Within every dwelling unit there shall be a lavatory basin. The lavatory basin may be in the same room as the toilet bowl, or if located in another room, the lavatory basin shall be located within ten (10) feet of the door leading directly into the room in 9 which the toilet bawl is located. The lavatory basin shall be in good working condition and properly connected to an approved water supply system, which provides heated and unheated running water under pressure, and which is connected to an approved plumbing and sewerage system. Sec: Within every dwelling unit there shall be a room which affords privacy to a person within the room, and which is equipped with an operable bathtub or shower. The bathtub or shower may be in the same room as the toilet bowl or in another room. It shall be properly connected to an approved water supply system which provides heated and unheated water under pressure, and which is connected to an approved plumbing and sewerage system. Sec: Each dwelling unit shall have a cabinet for safely storing and securing drugs and household poisons. Sec: Each exterior door of the dwelling or dwelling unit shall be of approved construction and material and equipped with an effective locking device. At least one exterior door must be able to be locked and unlocked from the outside of the dwelling and dwelling unit. Sec: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. The owner of each dwelling shall provide the following minimum light and ventilation conditions in every dwelling unit therein: 10 Sec. Every habitable room shall have at least one window or skylight facing outdoors. If the only window in the room opens onto another room or area used seasonally, such as a porch, daylight must be able to pass through this window. The minimum total window or skylight area, measured between stops, for every habitable room shall be at least eight (8) percent of the floor area of such room. If light obstructing structures outside the window are located less t~ian three (3) feet from the window and extend to a height above the ceiling of the room in which the window is located, that window shall not be considered as facing directly to the outdoors and shall not be included as contributing to the required minimum total window area. Sec. Every habitable room shall have at least one window or skylight facing directly outdoors which can be opened, or such other approved device as will ventilate the room to the same extent. If connected to another room or area used seasonally, adequate ventilation must be able to pass through this seasonally used room or area. The total of window or skylight area capable of being opened in each habitable room shall be equal to at least four (4) percent of the floor area of the room, except where there is supplied some other approved device affording the same degree of ventilation. Sec: Every bathroom and water closet compartment, and nonhabitable room used for food preparation, shall comply with the light and ventilation requirement for habitable rooms contained in 11 sections and , except that no window or skylight shall be required in such rooms if they are equipped with an approved ventilation system in safe working condition. Sec: Every gas burning water heater shall be vented to a chimney or other venting device leading to outdoor space. No gas burning water heater shall be located in any bathroom, bedroom, or any occupied room normally kept closed. There shall be installed on all water heaters an approved combination temperature and pressure relief valve. All water heating appliances shall be properly installed and maintained in accordance with this code. Sec: Each hallway and stairway in a multiple dwelling shall be lighted at all times by natural or electric light, so as to provide in all parts thereof at least five (5) foot candles of light at the tread of floor level. Each hallway and stairway in dwellings containing not more than two (2) dwelling units may have instead of full time electric lighting, conveniently located light switches controlling the same amount of electric light and which may be turned on when needed by persons using the hallway and stairway. Sec: Utilities. No owner, operator or occupant shall cause any service equipment or utility which is required by this article to be removed, shut off or disconnected for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary alterations. 12 Sec: MINIMUM HEATING STANDARDS. The owner of each dwelling shall provide the following minimum heating facilities therein: Sec: Every dwelling shall have approved heating facilities installed and maintained in a safe, operable condition, capable of heating all habitable rooms, bathrooms and toilet compartments in every dwelling unit located therein, to a temperature of at least seventy (70) degrees Fahrenheit at a distance of eighteen (18) inches above floor level to an outdoor temperature of minus eleven (-11) degrees Fahrenheit. Sec: No owner or occupant shall install, operate or use a space heater which has not been previously approved by the Director. Sec: When control and supply of heat is the responsibility of the owner, a temperature of at least sixty-five (65) degrees Fahrenheit shall be maintained in all habitable rooms, bathrooms, and toilet compartments at a distance of eighteen (18) inches above floor level to an outdoor temperature of minus eleven (-11) degrees Fahrenheit. Each heating system shall operate whenever the outdoor temperature is less than sixty (60) degrees Fahrenheit. Sec: Every supplied facility, piece of equipment or utility which is required and every chimney and smokepipe shall be so constructed and installed that it will function safely and 13 effectively and shall be maintained in sound working condition. Sec: MINIMUM VERMIN, INSECT AND RODENT CONTROL STANDARDS. The owner of each dwelling shall provide the following minimum protection against vermin and insects therein: Sec: Every foundation, roof, exterior wall, door skylight, hatchway and window or similar openings shall be rodent and insect resistant. Sec: Every window used or intended to be used for ventilation, every door and every opening located at or near ground level which might provide an entry for insects or rodents, shall be supplied by the owner with a screen which will effectively prevent their entrance. Screens shall be maintained and repaired by the respective tenants. Sec: Every opening in exterior walls, foundations, basements, ground floors, first floors and roofs, which is one-half (1/2) inch in diameter or more, shall be screened in a rodent proof manner whenever it is four (4) feet or less from the ground level immediately below the openings and whenever the opening can be reached by rodents from the ground by climbing unguarded pipes, wires, cornices, stairs or roofs, or by other ways, such as trees or vines or by burrowing. Sec: No person shall store, place, or allow to accumulate any 14 materials in a manner that may serve as food or harborage for insects, rodents or other pests. Sec: Skirting, lattice or other non-rodent proofed enclosure that might create rat harborage under any portion of a building shall be rodent proofed in a manner approved by the Director and the health officer. Sec: No material shall be stacked or stored so as to create rodent harborage. I~iaterials shall be stacked and elevated with at least a twelve (12) inch space between the material and the ground level. Material shall not be stacked or stored within twelve (12) inches from exterior walls of a dwelling. Sec: All doors, including swinging, sliding and folding types, shall be constructed so that the space between the lower edge of the door and the threshold shall not exceed three-eights (3/8) inch. Space between sections of folding and sliding doors when closed shall not exceed three-eights (3/$) inch. Sec: Interior floors of basements, cellars and area, other than crawl space, which are in contact with the soil shall be paved with concrete or other approved material. Sec: In areas where there is clear evidence of rodent infestation determined by the health office, the Director may required the lower eight (8) inches of wooden exterior doors be covered with sheet metal. Metal shall be formed into a "cuff and 15 channel" so that no wood edges are exposed and so that all exposed metal edges are rolled or folded to eliminate any hazard. Bolts for attaching sheet metal to the door shall not project more than one-sixteenth (1/16) inch beyond the fastening nuts. The Director may also require every exterior door be equipped with an automatic closing device, or with a screen door equipped with such a device and may require roof ventilators, chimneys, downspouts and other similar openings offering entry by rodents into the interior of the structure shall be rodent proofed by appropriate placement of grills, hardware cloth caps, expanded metal covers, or other approved material. Sec: All window openings or other lighting or ventilating openings below grade, or within forty-eight (48) inches above ground level, or otherwise accessible to rodents, shall be rodent proofed with approved grills, expanded metal, or hardware cloth attached to sturdy frames and so fabricated that no exposed wood is accessible for gnawing by rodents. Sec: Openings for outside stairways, elevator shafts, coal holes, and other similar openings below grade, shall have tight fitting metal covers and frames flashed with twenty-four (24) gauge galvanized sheet metal. If the foregoing are of the open type, they shall have the door or window opening in the foundation protected pursuant to the standards of Sections and for doors and window openings. ~9alls shall be of rodent proof material. 16 Sec: All sewers, pipes, drains, or conduits through which rodents may pass shall be closed with a perforated metal cover properly secured. Perforation in the cover shall not exceed one half (1 /2) inch in diameter. Sec: All openings for pipes, conduits, and other utility services accessible to rodents shall be closed solidly for the full thickness of the wall, f lour, roof, etc., with an approved rat proof material or fitted with a collar or shield of not less than twenty-four (24) gauge galvanized sheet metal, extending at lease three (3) inches beyond all sides of the opening and securely fastened to the wall or floor. Sec: Skylights accessible to rodents shall fit tightly and shall be constructed of rodent proof materials. Adjustable skylights which may be opened shall be screened with hardware, cloth or expanded material. Sec: Approved rat proof walls of concrete construction or other approved material shall be required beneath the exterior wall of every building or enclosed part thereof and every enclosed shed, porch, bay, or other enclosed structure which is not supported on a continuous masonry foundation wall. Sec: If the space between the two (2) buildings is inaccessible to inspection of the exterior walls of such building, the space shall be sealed in a rat proof manner without obstruction of 17 drainage. Sec: The owner of a multiple dwelling shall be responsible for the extermination of insects, rodents and other pests in all public and common area about the premises. Sec: Each tenant is responsible for extermination of insects, rodents and other pests within his dwelling unit and about the premises of any dwelling unit occupied by him. Sec: After extermination, all rodent holes and burrows shall be filled with earth or other approved material by the person responsible. Sec: Accessory structures shall be maintained in good repair free of insects and rodents. The exterior of each accessory structure shall be weather resistant. Sec: MINIMUM SAFETY STANDARDS. The owner of each dwelling shall provide the following minimum safety protection therein: Sec: Every foundation, roof, exterior wall, skylight, hatchway and window or similar openings, shall be weather tight and kept operable and in good repair. Sec: Floors and interior walls and ceilings shall be kept in 18 good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. Toxic paint and materials shall not be used inside any dwelling. Sec: Walls shall be solid and of sufficient thickness or composition as to afford privacy from view of the occupants in each contiguous dwelling unit. Sec: The premises outside the dwelling shall be graded, drained, kept free of standing water, and kept in a clean, sanitary and safe condition. Sec: Every dwelling shall have approved dual means of exit, with at least one doorway having a minimum head room of six (6) feet eight (8) inches and a minimum width of two (2) feet eight (8) inches leading to safe and open space at ground level. Every dwelling unit in a multiple dwelling of three (3) stories or more shall have immediate access from its door way to two (2) or more approved passageways with minimum head room of seven (7) feet, six (6) inches, and a minimum width of three (3) feet six (6) inches, leading to safe and open space at ground level. Sec: Entrance to and exit from each dwelling unit shall be provided without necessity of passing through any other dwelling or dwelling unit. Sec: Except in single family residential dwellings, stnicturally 19 sound and firmly anchored handrails shall be provided on any steps containing three (3) risers or more. However, all dwellings shall provide risers which shall be uniform and not more than eight and one-fourth (8 1/4) inches high. If steps are not enclosed, balusters spaced no more than six (6) inches apart shall be provided. Porches and balconies located more than three (3) feet higher than the adjacent area shall have structurally sound and firmly anchored protective handrails and, if unenclosed, balusters spaced not less than nine (9) inches apart shall also be provided on exposed side. Handrails shall be not less than thirty (30) inches nor more than thirty-six (36) inches high. Sec: Every dwelling unit and all public and common areas shall be supplied with electric service outlets, and fixtures which installation shall be approved, shall be maintained in a safe working condition, and shall be connected to an approved source of electric power. The minimum capacity of such services and the minimum number of outlets and fixtures shall be as follows: Sec: Every habitable room shall have electric service and outlets capable of providing at least fifteen (15) amps of electricity. Sec: Every habitable room and non-habitable room used for food preparation shall have at least three (3) separate f loor or wall type electric convenience outlets, not including electric range receptacles, or two (2) such electric convenience outlets and one supplied ceiling or wall type electric fixture. In rooms where additional electrical convenience outlets are required, they shall 20 not be installed on the same wall with an existing electric convenience outlet. Sec: Convenience switches or equivalent devices for turning on one light in each room or passageway shall be located so as to permit the area ahead to be lighted. Sec: All fences on the premises shall be constructed of manufactured metal fencing material, wood, masonry, or other inert material. Such fences shall be maintained by the owner. Wood materials shall be protected against decay by use of paint or other preservative. 6dherever any doorway from a dwelling opens into a fenced area, there shall be a means of entrance and exit from the premises to the nearest public way. Sec: Every foundation, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, and every appurtenance thereto, shall be capable of supporting the loads reasonably and normally placed thereon and shall be kept in sound condition and good repair. Stairs shall have uniform risers and uniform treads. Sec: MINIMUM SANITATION STANDARDS. The owner of each dwelling shall provide the following minimum sanitation protection therein: Sec: E~rhen major remodeling of a multi-family dwelling is 21 contemplated, it shall be the duty of the owner, prior to construction, to submit to the Director plans for the refuse disposal facilities, together with other data required by the Director, for his approval. Sec: Every toilet compartment, bathroom and kitchen floor surface shall be of such material and maintained so as to be reasonably impervious to water, kept in a clean, safe and sanitary condition. Sec. The owner of a dwelling containing two (2) or more dwelling units shall maintain all common and public areas on the premises in a clean, safe and sanitary condition. Sec. Each tenant shall maintain in a clean, safe and sanitary condition that part of the premises he occupies and controls. Sec: MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. The maximum occupancy of any dwelling unit shall not exceed the following requirements: Sec: For first occupant not less than one hundred fifty (150) square feet of floor space. Thereafter, not less than one hundred (100) square feet of f loor space for each additional occupant. Floor space shall be calculated on the basis of total habitable room area. 22 Sec: Not more than one family, plus two (2) occupants unrelated to ttie family, except for guests, shall occupy a dwelling unit unless a permit for a rooming house has been granted by the Director. Sec: The ceiling height of any habitable room shall be at least seven (7) feet six (6) inches, except that in any habitable room under a sloping ceiling at least one-half (1/2) of the floor area shall have a ceiling height of at least seven (7) feet and the floor area of that part of such room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. Sec: No space located partially below grade shall be used as a habitable room unless: (a) The floor and those portions of the walls are of waterproof construction; and, (b) The minimum window area is equal to at least that required in Section ; and such window area is located entirely above grade of the ground adjoining such window area, or if windows are located wholly or partly below grade, there be constructed a properly drained window well whose open area is equal to or greater than the area of the masonry opening for the window; the bottom of the window well is below the top of the impervious masonry construction under the window, and the minimum 23 horizontal distance at a right angle from any point of the window well is equal to or greater than the vertical depth of the window well as measured from the bottom of the masonry opening for the window; and, (c) The total window area capable of being opened in each room is equal to at least the minimum as required under section , except where some other approved devices affording adequate ventilation and humidity control are supplied; and, (d) There are no pipes, ducts or other obstructions less than six (6) feet eight (8) inches above the floor level which interfere with the normal use of the room or area. Sec: No space located more than four (4) feet below grade shall be used as a habitable room of a dwelling unit. Sec: In every dwelling unit of two (2) or more roams, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space for the first occupant and at least fifty (50) square feet of floor space for each occupant if occupied by more than one occupant. Sec: No dwelling or dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or toilet 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. A bathroom or toilet compartment shall not be used 24 as a passageway. Sec: Every dwelling unit shall have at least four (4) square feet of floor to ceiling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy. Sec: ROOMING HOUSE DWELLINGS AND DORMITORIES. The owner of each dwelling containing one or more rooming units or dormitories shall provide the following minimum supplies and facilities: Sec: At least one flush toilet bowl, lavatory basin, and bathtub or shower, connected in an approved manner to an approved water and sewerage system, shall be supplied for every six (6) persons or fraction thereof occupying respective rooming units in a dwelling. Sec: In a dwelling where rooming units are let only to males, flush urinals may be substituted for not more than one half (1/2) the required number of flush toilets. Sec: All toilets and bathing facilities in each rooming house dwelling and dormitory dwelling shall be located within the dwelling and shall be accessible to all persons sharing such 25 facilities from a common hall or passageway. Sec: Each lavatory basin and bathtub or shower shall be supplied with heated and unheated water under pressure at all times. Sec: Access doors to rooming unit shall have operating locks to insure privacy. Sec: Bed linen and towels shall be changed at least once each week and prior to the letting of any room or bed to a different occupant. Sec: Each rooming unit and dormitory shall contain at least one hundred and ten (110) square feet of floor space per occupant. Each rooming unit shall also contain at least four (4) square feet of closet space per occupant of an unobstructed height of at least five (5) feet. Sec: Each rooming unit and dormitory shall have immediate access to two (2) or more safe, unobstructed means of exit, with minimum head room of seven (7) feet six ( 6) inches and a minimum width of three (3) feet six (6) inches, leading to ground level outside the dwelling. Sec: Occupants of each rooming unit and dormitory are prohibited from cooking therein. Sec: INSPECTIONS OF DWELLING AND DtS1ELLING UNITS. 26 Sec: The Director shall develop and adopt plans and schedules for the inspection of all dwellings and dwelling units subject to the provisions of this code, and shall provide copies thereof to the chairman of the housing commission of the City of Canton. Sec: The Director shall inspect each dwelling and all dwelling units therein at least once every six (6) years, beginning Sec: Any owner, renter or lessee within ten (10) to fifteen (15) days prior to letting a dwelling or dwelling unit to the renter or lessee may request the Director to inspect the dwelling or dwelling unit and to record its condition and his approval or rejection, as the condition may warrant. Sec: In any subsequent proceeding in court by the owner against the occupant of a dwelling or dwelling unit for negligent damage thereto, or by a renter or lessee against the owner for the breach of warranty of habitability or for violation of this code, Section shall be prima facie evidence of the condition of the dwelling or dwelling unit at the time of letting; provided that the occupant takes possession of the dwelling or dwelling unit within seventy-two (72) hours of the Director's inspection made pursuant to Section Sec: RESPONSIBILITIES AND POWERS OF DIRECTOR. 27 Sec: The Director shall be responsible for enforcing the provisions of this code. Sec: The Director is hereby authorized, during reasonable hours, to enter and inspect any dwelling, dwelling unit, rooming unit, dormitory and surrounding premises subject to the provisions of this code, solely for the purpose of determining whether there is compliance with its provisions. Sec: Whenever an inspection is made pursuant to a systematic housing inspection schedule, notice of the area to be inspected shall be published in a newspaper of general circulation in Fulton County for at least three (3) consecutive days, not less than thirty (30) days prior to the inspection. Sec: If any owner, occupant or other person in charge of a dwelling, dwelling unit or rooming unit, or of multiple dwelling or a rooming house dwelling, subject to permit restrictions in Section , fails or refuses to permit access or entry for an authorized inspection, the Director, upon a showing that probably cause exists for the inspection, shall obtain a court order from the Circuit Court of Fulton County restraining that person from interfering with the inspector's access and entry upon the premises. Sec: The Director shall maintain a record of all fines assessed and collected pursuant to this code. 28 Sec: The Director may collect, publish and disseminate information to the public concerning techniques of maintenance, repair and sanitation in housing and concerning the requirements of this code. Sec: WARRANTY OF HABITABILITY. Sec: Af ter inspection and due notice of violation by the Director, any tenant directly affected by a violation of this code by the owner or lessor, and so long as the violation exists, may place all rents due to the owner or lessor in escrow with the consent of the Director. The Director shall hold the rents in a separate account, as escrow agent for the tenant, until such time as the violation is corrected and if the owner is prosecuted, convicted and fined, until such fine and costs are satisfied in full. Thereupon, the Director shall release the escrowed funds or so much as may remain less any fine and costs to the owner or lessor. Sec: NOTICE OF VIOLATION. Sec: Except where provided differently in this code, whenever the Director determines that a dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the requirements set forth in this code, he shall forthwith issue to the owner, occupant, operator, or his agent, a notice of the violatirns in substantially the following manner and form: 29 (a) It shall be in writing. (b) It shall set forth each alleged violation of this code in substantially the language of the applicable code section with as much additional detail as might assist the person responsible to correct each violation. (c) It shall describe the dwelling or dwelling unit where the violations are alleged to exist or to have been committed by street address or by legal description of record in the records of the Recorder of Deeds of Fulton County. (d) It shall provide a reasonable time, depending upon the nature and extent of each violation, but not exceeding sixty (60) days, for the correction of each violation. Times for correcting multiple violations shall be computed concurrently. (e) It shall be served upon the owner, occupant, operator or his agent of the dwelling or dwelling unit personally, service thereof certified to have been made by the person making the service; or by registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent. If not one person to whom such notice is addressed can be found of ter diligent effort to do so, service may be made upon the appropriate person or persons by posting a notice in or on the dwelling, dwelling unit or rooming unit described in the notice, or by publication thereof in a newspaper of general circulation in Fulton County for a period of three (3) consecutive days. (f) All orders and time limits contained in the notice of violation apply to the property which is the subject of the notice and are not subject to change with any subsequent transfer in 30 ownership of the property. Sec: Follow up reinspection shall be made by the Director within three (3) working days after expiration of the time for correction of the violations alleged. If any violation are determined by the Director to still exist, he shall prepare a complaint against the violator in the Circuit Court of Fulton County charging the violator with violation of the applicable section or sections of this code. Thereupon, the complaint shall be given to the Corporation Counsel of the City of Canton for review as to its legal sufficiency and for filing, prosecution and enforcement. Sec: Inspection reports and memoranda, notices of violations, and reinspection reports and memoranda concerning a dwelling or dwelling unit may be examined at reasonable hours in the office of the Department of Inspection Services by the following designated persons: the owner of he dwelling or dwelling unit or his attorney or agent, provided that such attorney or agent has written authorization from the owner; the occupant or tenant of such dwelling or dwelling unit or his attorney or agent, provided that such attorney or agent has written authorization from the occupant; and bona fide prospective purchasers or tenants of satisfaction of the Director bona fide intention to purchase or lease such dwelling or dwelling unit; financial institutions that have loaned or intend to loan money to the owner of a dwelling or dwelling unit and accept such dwelling or dwelling unit as collateral for such loan; and governmental agencies which are giving support, financial aid, or other assistance to any of the 31 above mentioned persons, entities or agencies. Sec: GENERAL PENALTY AND AFFIRA~ITIVE DEFENSE. Sec: Any owner, renter or lessee who fails to comply with any section of this code applicable to him, and continues in this failure of ter due notice and opportunity to correct, given pursuant to this code, upon conviction thereof, shall be fined not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars for each day each section of this code is violated of ter expiration of the time for correction of the violations after due notice has been given pursuant to Sections and herein, or after the date of the decision on a timely appeal to the Housing Commission denying relief; or of ter the last day of such extended time for compliance and correction as may be granted by the Housing Commission, whichever is later. In cases where trial by jury has been waived by the defendant at this first appearance before the court or where trial by jury has been denied by the court upon motion of the City of Canton, full correction of each and every violation charged against the defendant and upon request of the defendant, approved by the Director prior to trial, shall be an affirmative defense to this offense. In all other instances it shall be an affirmative defense to the offense that: (a) The violation charged has been caused by the current occupant or occupants by their violation of either Section or Section of this code; or, 32 (b) The current occupant has refused entry to the owner or his agents or employees to that part of the dwelling or dwelling unit requiring correction, for the purpose of correcting the violation charged. Sec: RECKLESS CRIMINAL DAMAGE BY OCCUPANT. Any occupant who recklessly damages or permits damages in excess of fifty ($50.00) dollars to a dwelling or dwelling unit occupied by him and owned by another person, shall be fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, and may be incarcerated in a penal institution, other than a penitentiary, not more than thirty (30) days, or both. Full restitution by the occupant to the o~mer prior to trial, shall be an affirmative defense to this offense. Sec: WILLFUL CRIMINAL DAMAGE BY AN OCCUPANT. Any occupant who knowingly damages, permits damage or aids and abets another person in damaging the dwelling or dwelling unit occupied by him and owned by another person, shall be fined not less than one hundred ($100.00)dollars, nor more than five hundred ($500.00) dollars, and shall be incarcerated in a penal institution other than the penitentiary not less thant three (3) days nor more than three (3) months. Full restitution to the owner by the occupant or other person engaged in damaging the property shall be an affirmative defense to this offense. 33 Sec: RETALIATORY EVICTION BY OWNF.~2. No owner or lessor shall evict or cause to evict or terminate the tenancy of a renter or lessee solely as retaliation because that renter or lessee complains to the City of Canton or the Circuit Court of Fulton County against the owner charging the owner with violation of this code or with violation of any warranty of habitability accruing to the renter or lessee from the owner. The fact that the rent or lease consideration of the renter or lessee is not more than thirty (30) days delinquent at the time the owner gives notice of eviction or termination of lease or rental and the fact that, within six (6) months prior to the notice of eviction of termination of the lease or rental, the renter or lessee has not been convicted of creating a nuisance at the dwelling or dwelling unit from which eviction is sought, and the renter or lessee has not been convicted of violation of Sections and of this cafe, shall be prima facie evidence that the eviction or termination of lease or rental by the owner is solely retaliatory because that renter or lessee has complained against the owner charging him with violation of this code. 'any person convicted of violating this section shall be fined not less than two hundred ($200.00) dollars, nor more than five hundred ($500.00) dollars. 34 Sec. CRIMINAL HOUSING MANAGEtdENT. Criminal housing management is hereby prohibited. A person commits criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner of the residential real estate or as a managing agent or otherwise, he knowingly permits, by his gross carelessness or neglect, the physical condition or facilities of the residential real estate to become or remain so deteriorated that the health and safety of an inhabitant is endangered. A person convicted of criminal housing management shall be fined not less than two hundred ($200.00) dollars, nor more than five hundred ($500.00) dollars. Sec. IMPOSED REPAIRS. Sec. In addition to the penalties hereinabove provided, whenever an owner fails, neglects or refuses to make repairs or other corrections required by this code, the Director may undertake such repairs and corrections required by this code, the Director may undertake such repairs and corrections when the violation constitutes an imminent and substantial danger to the health, safety and well being of persons affected thereby, the cost of such repairs and corrections shall not exceed fifty (50) percent of the fair market value of the structure to be repaired, as determined by not less than two (2) appraisers qualified in the 35 appraisal of real property in the City of Canton. Sec: Notice of the intention to make such repairs or correction shall be served upon the owner, pursuant to Sections and who, thereupon, shall give entry and free access to the Director for the purpose of making such repairs. Sec: Any owner of a dwelling, dwelling unit or rooming units who refuses, impedes, interferes with, willfully hinders or obstructs such entry, repairs or corrections, upon conviction, shall be fined not less than three hundred dollars ($300.00), nor more than five hundred dollars ($500.00). Sec: Repairs and corrections made pursuant to this section, upon filing a notice of lien with the Recorder of Deeds of Fulton County, shall constitute a lien in favor of the City of Canton and against the premises repaired or corrected and shall be recoverable by a civil action against the owner or his successors and assigns, brought in any court of competent jurisdiction. Sec. DESIGNATION AS "UNFIT FOR HUMAN HABITATION". Sec: The Director shall designate a dwelling, dwelling unit or rooming unit as "unfit for human habitation" when it is damaged, decayed, dilapidated, unsanitary, unsafe, vermin infested, lacks illumination, ventilation, or required sanitation facilities to such extent as to create a clear and present danger to health, life and safety of occupants, and is not repaired or corrected in 36 less than seventy-two (72) hours of ter receipt of notice of violation of code. Sec: P~henever any dwelling, dwelling unit or rooming unit has been designated as "unfit for human habitation" the Director shall placard the dwelling indicating that it is unfit for human habitation. If occupied, the Director shall order the dwelling, or that part thereof, vacated within twenty-four (24) hours. Occupants shall be relocated, and if necessary, reasonably housed for not more than seven (7) days at the expense of the City of Canton. All relocation and housing costs paid by the City of Canton and incurred pursuant to this section shall be reimbursed to the City by either: (a) The owner of the dwelling designated unfit for human habitation, provided that the condition of the dwelling was caused, in whole or in substantial part, by the neglect of the owner; or, (b) By any occupant of the dwelling designated unfit for human habitation, provided that the condition of the dwelling was caused, in whole or in substantial part, by the neglect of that occupant; or, (c) By the tenant of the dwelling designated unfit for human habitation, provided that the condition of the dwelling was caused, in whole or in substantial part, by the neglect of that 37 tenant; or, (d) By the owner or the occupant or the tenant, jointly, provided that each of those to be held jointly liable has caused by this neglect, in whole or in substantial part, the condition of the dwelling designated unfit for human habitation. If the owner is liable for reimbursement of all or any part of the cost under this section, such costs shall constitute a lien against the premises and shall be recoverable in the same manner described in Section of this code. Sec: No dwelling, dwelling units or rooming units which have been designated as unfit for human habitation and have been placarded as such and have been vacated, shall be used again for human habitation until all costs and expense of relocation and housing of vacated occupants shall be reimbursed to the City of Canton, all defects have been repaired and corrected and written approval is given from the Director and the placard is removed by the Director. Sec: No person shall deface, cover up or remove the placard from any dwelling, dwelling unit or rooming unit or cause another to deface, cover up or remove a placard from any premises which has been designated as unfit for human habitation and has been placarded as such. ~ violation of this section shall be punishable by a fine of not less than one hundred dollars 0100.00) and not more than five hundred dollars ($500.00) or by imprisonment fora period not to exceed six (6) months, or both such find and imprisonment. Sec: It shall be unlawful for any person to occupy or inhabit the premises of any structure knowing that said premises have been designated as "unfit for human habitation". Further, it shall be unlawful for any person to rent, cause to rent or allow another to occupy any premises knowing that said premises have been designated as "unfit for human habitation". A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) and nor more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Sec: DEMOLITION AS "UNFIT FOR HUMAN HAIIITATION". Sec: The Director shall order the owner to demolish a dwelling if it has been designated unfit for human habitation, has been placarded as such, has been vacated and has not been put into proper repair, making the premises fit for human habitation within sixty (60) days after being designated unfit for human habitation. Sec: The order of demolition shall be given in the manner provided for service of notice in Section and herein. Sec: If the owner fails, neglects or refuses to comply with the order to demolish within fifteen (15) days after service, the 39 Director may proceed to demolish the structure pursuant to Chapter 24, Section 11-31-1 of the Illinois Revised Statutes, as amended. The cost of such demolition shall create alien in favor of the City of Canton against the real property and shall be recoverable in the manner prescribed in Chapter 24, Section 11-31-1 of the Illinois Revised Statutes, as amended. Sec: The owner of any dwelling which is damaged, decayed or dilapidated to such extent as t~ ;;reate a clear and present danger of injury or damage to adjacent property or to any person who might be in or about the premises may be ordered to demolish the property within seventy-two (72) hours of ter notice is served upon the owner pursuant to paragraph (e) of Section In the event the danger persists and the owner has not demolished the dwelling at the expiration of seventy-two (72) hours, the Director is hereby authorized, with approval of the City Council, to demolish the dwelling forthwith at the expense of the City of Canton recoverable and secured by lien as described in Section herein. Sec: ADDITIONAL REDIEDIES PRESERVED. All additional remedies granted to the City of Canton by the statutes of the State of Illinois are hereby preserved nd unimpaired by enactment of this code and the following statutes of the State of Illinois are hereby expressly incorporated by reference into and made a prat of this code: 40 Sec: Section 11-13-15 of the Illinois Municipal Code, Chapter 24, Illinois Revised Statutes, as amended, concerning proceedings to prevent violation. Sec: Section 11-13-17 of the Illinois Municipal Code, Chapter 24, Illinois Revised Statutes, as amended, concerning substandard structures - eminent domain. Sec: Section 11-31-2 of the Illinois P~7unicipal Code, Chapter 24, Illinois Revised Statutes, as amended, concerning injunction - receivership lien. Sec: Section 11-31.1-12 of the Illinois P~Tunicipal Code, Chapter 24, Illinois Revised Statutes, as amended, concerning sanctions applicable to owners upon conveyance of property. Sec: Section 11-31.1-12 of the Illinois Municipal Code, Chapter 24, Illinois Revised Statutes, as amended, concerning civil liability for excess number of rentals. Sec: Section 221a and 222b of An Act to Revise the Law in Relation to Criminal Jurisprudence, Chapter 100-1 /2, Sections 27 and 28 of Illinois Revised Statutes, as amended, concerning dumping of garbage. Sec: FINE LIP1E ON PROPERTY AND REDITS. 41 Each fine assessed against a person pursuant to this Code shall be a lien against the property subject of the violation, and all rents accruing therefrom, from the date of conviction. Sec: EMERGENCIES. Sec: Whenever an emergency exists which requires immediate action to protect the public health, safety or welfare, the Director may issue an order, without notice or hearing, directing the owner, occupant, operator, or agent to take appropriate action to correct or abate the emergency. Sec: The owner, occupant, operator, or agent shall be granted a hearing on the matter upon his request as soon as practicable, but such hearing, in no case, shall stay the abatement of the emergency. Sec. HOUSING COMMISSION. Sec: Declaration of Policy. The City Council finds that the City of Canton should establish an instrumentality through which the officers and departments of the city may obtain expert advice and assistance in revising and enforcing the housing code, developing plans for systematic application of appropriate housing programs, and developing and evaluating new approaches to the prevention of blight and deterioration of neighborhoods. 42 This instrumentality should also hear and rule upon appeals from the decisions of the Director of the Department of Inspection Services and the health officer made pursuant to the housing code. Sec: Establishment, composition, appointment and terms of members; chairperson. In order to accomplish the policy set forth in Section of this chapter, there is hereby established a commission known as the housing commission, consisting of nine (9) members to be appointed by the mayor with the advice and consent of the City Council. Amount the membership thee shall be at least one (1) member from each of the city's four (4) council districts; at least one (1) member who is a tenant; at lest one (1) member who is an elected officer of a homeowner association; and one (1) member who is a member of a neighborhood association. The membership shall include members of both se;ces. THe members of the housing commission shall serve fora teen of four (4) years or until their successor is appointed and confi need; provided, however, in the initial appointments to the housing commission, the Mayor shall create staggered terms by designating three (3) initial appointees to serve two (2) years, three 93) initial appointees to serve terms of two (2) years, three (3) initial appointees to serve terms of three (3) years, and three (3) initial appointees to serve teens of four (4) years. Teens shall run from P~Zay 1 through April 30. The commission shall choose its own chairperson to serve for a period of one (1) year. In addition to those members appointed by the mayor, the 43 commission shall also consist of, in an ex-officio capacity, the Director of the Department of Inspection Services, who shall serve as secretary to the commission and a member of the County Health Department and the City Fire Department, the latter two (2) of whom may be designated by the head of the respective departments. Sec: Advisory Duties. The housing commission shall advise and consult with the City Council, city officers and departments concerning: (a) Proposed revision in the housing code of the City of Canton. (b) Housing code enforcement procedures and patterns. (c) Maintenance, preservation and rehabilitation of existing housing in the city. (d) Proposed plans for systematic application of appropriate housing programs. (e) Proposed approaches to the prevention of neighborhood blight and deterioration. Sec: Appellate Duties. The commission shall have the power and it shall be its duty to hear and rule upon appeals from the decisions of the Director of Inspection Services and the health officer made pursuant to the housing code and Article IX, the lead paint ordinance. In carrying out this function, the commission shall have the following powers: (a) To make fact findings and to review fact findings of the Director and health officer, provided that fact findings of the 44 Director and health officer shall be presumed to be correct until rebutted by a clear preponderance of the evidence to the contrary. (b) To extend any time allowance provided in this code and to grant variance from any provision of this code upon an owner, renter or lessee, upon presentation of evidence of substantial economic hardship in cases where property and the health and safety of persons are not endangered by physical injury or damage, and where enforcement of the code provision, in the circumstances supported by evidence, would constitute a confiscation of property without compensation contrary to the Constitution of the United States of America and the State of Illinois. (c) To do all other things necessary or incidental to the carrying out of the intent and purpose of the ordinance or law upon which such hearing is held. Sec: Meetings, procedure for appeals, attorney for commission. The Housing Commission shall meet at least once each month, or on call of the chairperson. No meeting shall l.~e held without the presence of a quorum consisting of a majority of the members. All appeal proceedings shall be transcribed by a certified court reporter. The Corporation Counsel shall act as attorney for the commission and shall k,e present at appeal proceedings when requested by the chairperson. 45 Whenever an appeal from the decision of the Director of the Department of Inspection Services of the health officer is presented in writing to the liousi occupant affected by said decision, a hearing to be held within thirty appeal. Such written appeal shall after receipt by the individual of Director or health officer. zg Commission by any owner or the commission shall schedule (30) days from receipt of said be filed within ten (10) days notice of the decision of the The appealing party shall have the right to file additional documents, amend the written appeal, and to appear at such hearing in person, or by attorney, or otherwise to examine and cross examine witnesses. The housing commission shall not be bound by the rules of evidence prevailing in the courts of law, but shall, in ascertaining the conditions and practices involved in the decision appealed, take into account all reliable, probative, and substantial evidence produced at the hearing, which may tend to prove or disapprove the violation of the housing code. The testimony taken in the hearing shall be under oath or affirmation administered by the certified court reporter. In conducting any hearing as provided herein, the housing commission, upon the request of any member thereof or upon request of the appealing party, may compel the attendance of any person 46 believed to have knowledge of the facts relevant to such hearing by the issuance of a subpeona to the person having such knowledge or having custody or control of books, papers, records or other evidence relevant to the hearing, directing such person to appear or produce them for examination at the hearing. Decisions of the commission shall be made not later than ten (10) days of ter the hearing on the appeal. Sec: Reviewability of Decisions. No matter heard by the commission, and upon which a decision has been rendered once, shall be again reviewed by the commission. Decisions of the commission are final. Sec: Assistance by Director of Inspection Services: The housing commission shall be assisted in fulfilling its duties by the Director of Inspection Services. Sec: F.emoval from Commission. Any member of the commission who fails to attend three (3) consecutive meetings of the commission, whether for the conduct of administrative matter or hearing appeals, without prior notification to some other member of the commission shall be considered to have resigned. Thereupon, the chairperson of the commission shall notify the r4ayor so that he may male an appointment to fill the vacancy for the remainder of the unexpired term. Sec: SEVr~AI3ILITY. 4? If any provision or clause of this code or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or application of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared severable. Sec: GENERAL REPEALER. Except as otherwise provided in this code, all ordinances and parts of ordinances inconsistent with this code are hereby repealed. Sec: EFFEC'T'IVE DATE. The effective date of this code is