(Cross references--Buildings and building regulations, Ch. 7; fire prevention and protection, Ch. 8; garbage and trash, Ch. 10; health and sanitation, Ch. 11; water and sewers and sewage disposal, Ch. 18; subdivision regulations, App. B; zoning, App. C. State law references--Minimum housing standards, G.L. 1956, Sec. 45-24.2-1 et seq.; city housing authorities, G.L. 1956, Sec. 45-25-1 et seq. Supp. No. 35)
Art. I. In General, Secs. 12-1--12-22
Art. II. Administration, Secs. 12-23--12-42
Art. III. Enforcement, Secs. 12-43--12-65
Art. IV. Designation of Unfit Dwellings, Secs. 12-66--12-90
Art. V. Housing Board of Review, Secs. 12-91--12-116
Art. VI. Sanitary Facilities and Plumbing and Drainage, Secs. 12-117-- 12-135
Art. VII. Heating and Refrigeration Equipment, Secs. 12-136--12-151
Art. VIII. Lighting and Ventilation and Electrical Facilities, Secs. 12-152--12-171
Art. IX. Dwelling Space and Use and Access, Secs. 12-172--12-187
Art. X. Safe and Sanitary Maintenance, Secs. 12-188--12-205
Art. XI. Responsibilities of Owners, Operators and Occupants, Secs. 12-206--12-226
Art. XII. Rooming Houses, Secs. 12-227--12-257
Art. XIII. Impact Fees for Capital Improvements, Secs. 12-258--12-265 (DELETED 5-15-00)
This chapter shall be known as "The Minimum-Standards Housing Ordinance." (Ch. No. 1758, Sec. 2.1, 2-4-63)
(a) In the interpretation and enforcement of this chapter, all words other than the terms herein specifically defined shall have the meanings implied by their context in this chapter or their ordinarily accepted meanings as generally used; words in the present tense shall include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural includes the singular.
(b) The following definitions shall apply in the interpretation and enforcement of this chapter and of any rules and regulations adopted pursuant thereto:
Approved. "Approved" shall mean as defined and specified by the chief inspector in rules and regulations adopted pursuant to the provisions of this chapter.
Basement. "Basement" shall mean that story of a building or dwelling located partly underground, but having less than one-half (1/2) its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.
Board. "Board" shall mean the housing board of review.
Cellar. "Cellar" shall mean a portion of a building or dwelling located partly or wholly underground, and having one-half (1/2) or more than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.
Chief inspector. "Chief inspector" shall mean the chief inspector of the division of minimum housing standards.
Dwelling. "Dwelling" shall mean any building or part thereof which is wholly or partly used or intended to be used for living and sleeping by one (1) or more occupants. A dwelling may include one (1) or more dwelling units or rooming units or a combination of both.
Dwelling premises. "Dwelling premises" shall mean the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
Dwelling unit. "Dwelling unit" shall mean any room or group of rooms within a dwelling and forming a single and separate habitable unit with facilities which are used or intended to be used for living, sleeping, regular cooking and eating.
Floor space. "Floor space" shall mean the horizontally projected floor area inside of and between exterior walls or partitions or any combination thereof, as measured within a habitable room exclusive of that portion of the habitable room which does not have a ceiling height of at least four (4) feet.
Garbage. "Garbage" shall mean all combustible refuse.
Habitable room. "Habitable room" shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, and excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.
Infestation. "Infestation" shall mean the presence, within or around a dwelling, or dwelling premises, of rodents, vermin or other pests.
Multiple dwelling. "Multiple dwelling" shall mean any dwelling containing three (3) or more dwelling units.
Occupant. "Occupant" shall mean any person over one (1) year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
Operator. "Operator" shall mean any person who has charge, care or control of a multiple dwelling or rooming house, in which dwelling units or rooming units are let or offered for occupancy.
Owner. "Owner" shall mean any person who, alone, jointly, severally or jointly and severally with others:
(1) Shall have legal or record title to any dwelling or dwelling premises; or
(2) Shall have charge, care or control of any dwelling or dwelling premises as agent of the owner, executor, administrator, trustee or guardian of the estate of the owner.
Plumbing. "Plumbing" shall mean and include all of the following supplied facilities, equipment and devices: Gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, installed dishwashers, garbage disposal units, installed clothes-washing machines, catch basins, wash basins, bathtubs, shower-baths, waste and sewer pipes, cesspools, septic tanks, drains, vents, traps and any other gas-burning or water-using fixtures and appliances together with all connections to water, waste and sewer, or gas pipes.
Proper or properly. "Proper or properly" shall mean as defined and specified herein or in rules and regulations adopted pursuant hereto; or when not so defined or specified, in accordance with the applicable ordinances of the city.
Rooming, boarding or lodging house. Shall mean any dwelling, or part thereof, which contains one (1) or more rooming units, and in which space is occupied or intended to be occupied for compensation by no less than four (4) and no more than ten (10) persons, (other than the owner/operator) or (excluding owner/operator), who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Meals may or may not be provided, but only one common kitchen facility shall exist and no meals shall be provided by the establishment to members of the general public not lodged in the establishment. Boarding or rooming houses shall not include hotels, motels, inns, sorority, fraternity and cooperative residences, dormitories, or convalescent homes, nursing homes, rest homes, or group residences licensed or regulated by agencies of the State of Rhode Island. Boarding, lodging, or rooming houses shall abide by all applicable state and local laws and regulations governing lodging houses, boarding houses, or rooming houses.
Rubbish. "Rubbish" shall mean all noncombustible refuse.
Supplied or supply. "Supplied or supply" shall mean paid for, furnished by, or provided by the owner or operator.
Type A rooming unit. "Type A rooming unit" shall mean a single and separate habitable unit consisting of not more than two (2) rooms within a rooming house, with facilities which are used or intended to be used for living, sleeping, cooking and eating, but which does not have a private toilet and either a private bathtub or shower bath.
Type B rooming unit. "Type B rooming unit" shall mean any room or group of rooms which form a single and separate habitable unit within a rooming house and used or intended to be used for living and sleeping, but not for cooking.
Unsafe dwellings and dwelling units. Whenever any dwelling or dwelling units shall become vacant and open at doors and windows, leaving the interior of the dwelling or dwelling unit exposed to the elements or accessible to entrance by trespassers, such building shall be deemed to be dangerous and unsafe.
(Ch. No. 1758, Secs. 1.1--1.24, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65; Ch. No. 2068, Sec. 1, 5-16-66; Ch. No. 8047, Sec. 1, 6-4-2018)
It is hereby declared that there exist in the city numerous dwellings which are substandard in one (1) or more important features of structural safety, sanitary facilities and maintenance and healthful occupancy; and that these conditions together with the inadequate provision for light and air, insufficient protection against fire, unsanitary conditions, lack of proper heating, overcrowding of dwellings, deterioration and disrepair of dwellings and dwelling premises, and the occupancy of unfit dwellings, endanger the health, safety, morals, and general welfare of the community, and give impetus to the continuation, extension and aggravation of urban blight and decay. It is further declared that the establishment and enforcement of minimum housing standards, and the rehabilitation of housing are essential to the public health, safety, and general welfare. (Ch. No. 1758, Sec. 2.2, 2-4-63)
The purpose of this chapter shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings and dwelling premises; and fixing the conditions whereby certain dwellings may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of the provisions of this chapter. (Ch. No. 1758, Sec. 2.3, 2-4-63)
Every portion of a building or its premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter and with the rules and regulations adopted pursuant thereto, irrespective of when such building shall have been constructed, altered, or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling, or for the installation or repair of dwelling equipment prior to February 15, 1963. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and does not replace or modify standards otherwise established for the construction, repair, or use of buildings or the installation of building equipment except as they may be in conflict with the provisions of this chapter as provided by section 12-9. (Ch. No. 1758, Sec. 2.4, 2-4-63)
Any person who shall violate any provision of this chapter, or any provision of any rule or regulation adopted pursuant to authority granted by this chapter, shall upon conviction, be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days or both for each offense or violation and each day's failure to comply with any such provision shall constitute a separate violation. The city solicitor shall, upon complaint of the chief inspector, institute injunction, abatement, or other appropriate actions or proceedings at law or in equity to restrain, prevent, enjoin, abate, correct, or remove such violations. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ch. No. 1758, Sec. 13.1, 2-4-63)
Nothing in this chapter shall be deemed to abolish or impair any existing remedies of the city or its officers or agencies relating to the removal or abatement of nuisances, or to the removal or demolition of any buildings which are deemed to be dangerous, unsafe, or unsanitary. (Ch. No. 1758, Sec. 13.2, 2-4-63)
Whenever the provisions of this chapter require the construction, installation, alteration, or repair of a dwelling or of its facilities, utilities, or equipment, the required work shall be done in full compliance with the applicable provisions of the building code, except as provided in section 12-9. (Ch. No. 1758, Sec. 13.3, 2-4-63)
In any case where a provision of this chapter or of any regulation adopted pursuant thereto is found to be in conflict with the provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto, or any other ordinance, or code or regulation of the city, the provision which established the higher standard for the promotion of the health and safety of the people shall prevail. (Ch. No. 1758, Sec. 13.4, 2-4-63)
All departments, officials and employees of the city which have the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling premises or dwelling equipment or facilities shall conform to the provisions of this chapter, and no permit or license for any construction, installation, repair, use or occupancy shall be issued if such would be in conflict with the provisions of this chapter, except as provided in section 12-9. Any permit or license issued in conflict with the provisions of this chapter, except as provided in section 12-9, shall be null and void. (Ch. No. 1758, Sec. 13.5, 2-4-63)
Nothing in this chapter shall prevent an owner, operator or occupant from shifting the responsibility of the one to the other, provided that the primary and final responsibility in every case shall remain upon the person herein designated. (Ch. No. 1758, Sec. 13.6, 2-4-63)
This chapter shall not affect violations of any other ordinance, code or regulation of the city existing prior to February 15, 1963, and such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. (Ch. No. 1758, Sec. 13.7, 2-4-63)
Pursuant to Chapter 417 of the Public Laws of 1991, each absentee landlord, defined as an owner of a residential dwelling who does not reside at the dwelling premises, shall submit to the City Clerk, under oath on forms provided by the City Clerk, (a) (i) his, hers, its, or their full name and residence address and telephone number which shall be accessible to each tenant; or (ii) full name, business address, and telephone number of the property manager, if one exists; (b) a telephone number to call in emergencies. This information shall not be revealed to anyone except authorized public safety officials and verified tenants of each individual landowner.
This City shall notify each absentee landlord by the placement of a legal advertisement and individually at the time of tax bill mailing and/or water bill and sewer bill where practicable of the requirement to register within thirty (30) days of the date at the postmark at such notice. Property owners must provide appropriate new information as necessary but are not required to re-register annually. Information on file shall be assumed to be correct.
Failure of a property owner as defined herein to provide and render the information as, described herein shall constitute prima facie evidence of a misdemeanor which shall be answerable and heard in the Woonsocket Municipal Court. The first offense shall be subject to a maximum fine at one hundred dollars ($100.00). Any subsequent offense shall be subject to a maximum fine of five hundred dollars ($500.00). (Ch. No. 5640, Sec. 1-3, 9-23-92)
Editor's note--Ch. No. 5496, adopted Oct. 21, 1991, did not specifically amend this Code; hence, inclusion of Secs. 1--3 as Sec. 12-13 was at the discretion of the editor.
There is hereby created within the public safety department a division of minimum housing standards for the purposes of enforcing the provisions of this chapter and such other matters as may be appropriately assigned to it. All matters heretofore assigned to the section of minimum housing standards are transferred to the division of minimum housing standards. (Ch. No. 1758, Sec. 2.5, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65)
The division of minimum housing standards shall be operated under the general direction of the mayor, and under the immediate supervision and control of a chief inspector. The chief inspector may delegate any of his powers or duties under the provisions of this chapter to any properly qualified employee of the division. (Ch. No. 1758, Sec. 2.6, 2-4-63)
The chief inspector is authorized to make housing surveys in any area of the city to determine the general conditions of the dwellings in that area, the extent of deterioration, and the lack of facilities and maintenance, the unsafe and unsanitary conditions, the overcrowding which may exist, and other matters included within the provisions of this chapter. (Ch. No. 1758, Sec. 2.7, 2-4-63)
The chief inspector shall annually submit a written report to the mayor, the housing coordinator and to the city council regarding the activities of the division of minimum housing standards, and the procedure used in the administration and enforcement of this Code, which will indicate the progress and problems experienced in improving the sanitation, safety, and rehabilitation of existing dwellings and dwelling premises. (Ch. No. 1758, Sec. 2.8, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65)
The personnel of the division of minimum housing standards shall consist of a chief inspector and such other inspectors, clerks, and other personnel as may be necessary for the proper organization of the division and for the proper enforcement of this chapter. The personnel of this division shall be employed under the authority of the home rule charter and the personnel ordinance. (Ch. No. 1758, Sec. 2.9, 2-4-63)
The chief inspector shall be the responsible head of the inspection staff and shall exercise such authority as required by this chapter. All other personnel of the division shall exercise such authority as shall be delegated to them by the chief inspector. (Ch. No. 1758, Sec. 2.10, 2-4-63)
The chief inspector shall serve as the hearing officer of the division and as such shall be responsible for the scheduling, conduct, and recording of hearings as provided for in article III. (Ch. No. 1758, Sec. 2.11, 2-4-63)
Inspectors of the division of minimum housing standards shall wear such badges or insignia as may be prescribed by the ordinances of the city and shall, upon request, exhibit clear identification whenever it shall be their duty to visit private residences, buildings, or premises for the purpose of making any survey, examination, or inspection; and may, at the direction of the chief inspector, be uniformed when on duty for the purpose of identification. (Ch. No. 1758, Sec. 2.12, 2-4-63)
Whenever the chief inspector determines that the condition of a dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire, or health ordinance or regulation adopted pursuant thereto, or any other ordinance, or code, or regulation of the city governing the condition and improvement of housing, which is not provided for by this chapter, or which is provided for by a higher standard of such other ordinance, code or regulation, according to section 12-9, he shall refer such violations to the appropriate authority. (Ch. No. 1758, Sec. 2.13, 2-4-63)
The chief inspector is hereby empowered to make, and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter, to interpret and to secure the intent thereof, but no such rules and regulations shall be in conflict with the provisions of this chapter, the city home rule charter, or any other ordinance of the city or shall have the effect of waiving or modifying any provision of this chapter. (Ch. No. 1758, Sec. 2.14, 2-4-63)
The chief inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and dwelling premises in order that he may perform his duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public. For the purpose of making such inspections, the chief inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, and dwelling premises. (Ch. No. 1758, Sec. 3.1, 2-4-63)
The owner, operator or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, upon due notice shall give the chief inspector free access to such dwelling, dwelling unit or rooming unit and dwelling premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator thereof, or any person designated by the owner or operator, access to any part of such dwelling, dwelling unit, or rooming unit or dwelling premises, at all reasonable times for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rule or regulation adopted pursuant thereto or with any notice of violation or order issued pursuant to the provisions of this chapter. (Ch. No. 1758, Sec. 3.2, 2-4-63)
Whenever the chief inspector determines that there are reasonable grounds to believe that there is a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefore, as hereinafter provided. Such notice shall be in writing, and shall specify the alleged violation and a reasonable time to correct it, in no case less than ten (10) days and shall be served upon the owner, operator, or the occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant, if a copy thereof is served upon him personally, or if a copy thereof is sent by registered or certified mail return receipt requested to the last known address of such person; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if the responsible person is served with such notice by any other method now or hereafter authorized under the laws of this state. The notice of violation shall inform the person to whom it is directed of his right to apply for a hearing before the chief inspector, and the procedure by which application for such hearing can be made as provided in section 12-49. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of this notice of violation. (Ch. No. 1758, Sec. 3.3, 2-4-63)
Any notice of violation as provided in section 12-45 shall automatically become a compliance order if written request for a hearing is not filed in the office of the chief inspector within ten (10) days after the service of the notice. A copy of the compliance order shall be served in the manner provided in section 12-45 and shall inform the person to whom it is directed of his right of appeal to the housing board of review, and the procedure by which application for such appeal can be made as provided in article V. Written entry of appearance or presence at a hearing in connection with a notice of violation shall not fulfill the requirements for service of a compliance order. (Ch. No. 1758, Sec. 3.4, 2-4-63)
Whenever the chief inspector at any stage of any proceedings instituted under the provisions of this chapter, finds that there exists a violation of this chapter which in his opinion requires immediate action to abate a direct hazard, or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public, he may, without prior notice of violation or hearing, issue an immediate compliance order reciting the existence of such violation, and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate, as provided in section 12-69. Notwithstanding the other provisions of this chapter, the immediate compliance order shall be effective immediately upon its service or in such time as the chief inspector shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom an immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such person shall have the right to appeal to the housing board of review as provided in article V and such appeal shall be given priority and conducted as soon as possible and as provided for in article V. (Ch. No. 1758, Sec. 3.5, 2-4-63)
Whenever any violation of this chapter which in the opinion of the chief inspector causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public has not been corrected in the time specified by the immediate compliance order, he may, subject to the provisions of section 12-95, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril. When certified by the chief inspector, the costs incurred in the execution of the immediate compliance order shall be paid out of the city treasury, from funds made available for such purposes to the chief inspector. The owner, operator or occupant of the dwelling, dwelling unit, rooming unit or dwelling premises who is responsible for immediate compliance shall be served a notice stating the amount of the expenses incurred by the chief inspector in executing the immediate compliance order. Such notice shall be served in the manner provided in section 12-45 of this chapter. These expenses shall be paid for by the responsible person on whom the notice is served and unless the expenses are paid within thirty (30) days after such notice is served, the chief inspector shall certify the expenses to the city solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten (10) per cent service charge in addition thereto. (Ch. NO. 1758, Sec. 3.6, 2-4-63)
Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the chief inspector after such person shall file in the office of the chief inspector a written request for such hearing, setting forth a brief statement of the grounds therefore, designating the person and his address upon whom any notices and orders may be served, and why such enforcement or compliance should not be affected. If this request is filed within ten (10) days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the chief inspector shall set a time and place for such hearing, and shall give the applicant at least seven (7) days written notice thereof. At such hearing, the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. (Ch. No. 1758, Sec. 3.7, 2-4-63)
After a hearing held in accordance with the provisions of section 12-49 and on consideration of the evidence presented, the chief inspector shall sustain, modify or withdraw the notice. If the chief inspector by his decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the chief inspector shall find to be responsible for the violation and in the manner provided by section 12-46. (Ch. No. 1758, Sec. 3.8, 2-4-63)
The chief inspector shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the chief inspector and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record. (Ch. No. 1758, Sec. 3.9, 2-4-63)
At the end of the time period specified in the compliance order or any extension thereof, it shall be the duty of the chief inspector to make a reinspection of the dwelling, dwelling unit, rooming unit or dwelling premises and if the order has not been complied with, the chief inspector shall institute proper legal action or make such further orders as the case may require. (Ch. No. 1758, Sec. 3.10, 2-4-63)
Any owner of a building or dwelling receiving a notice of violation or a compliance order stating that such dwelling does not comply with the provisions of this chapter or of the rules and regulations adopted pursuant thereto may demolish such building or dwelling, and such action shall be deemed compliance, except that any resulting cellar holes shall be filled to grade with clean fill. (Ch. No. 1758, Sec. 3.11, 2-4-63)
It shall be unlawful for the owner of any dwelling or dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgage prior to such transfer, lease or mortgage a true copy of any notice of violation or compliance order issued by the chief inspector, and at the same time notify the chief inspector in writing of the intent to transfer, lease or mortgage either by delivering such notice of intent to the chief inspector and receiving a receipt therefore, or by registered or certified mail return receipt requested giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice or order as of the date of such transfer, lease or mortgage without service of further notice upon him. (Ch. No. 1758, Sec. 3.12, 2-4-63)
(a) Whenever a notice of violation or a compliance order has been issued for a violation of this chapter or any rule or regulation adopted pursuant thereto, the chief inspector may file in the office of the city clerk a copy of the notice or order. Such notice or order shall be recorded in the same manner as "lis pendens" notices, and such recording shall be constructive notice to any purchaser or encumbrancer of the real property affected thereby.
(b) Notwithstanding any other provisions of this chapter, any person purchasing or otherwise acquiring any interest in any real property and having actual or constructive notice of any proceedings instituted under the provisions of this chapter shall be immediately subject to and bound by any such proceedings and to any compliance order entered with respect to the real property. (Ch. No. 1758, Sec. 3.13, 2-4-63)
Any dwelling or dwelling unit which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the chief inspector.
(1) One which according to the provisions of articles VI, VII or VIII is so lacking in sanitation, heating, lighting or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) One which according to the provisions of article IX, and which because of its general condition, number of occupants, or location, is so unsanitary, overcrowded, or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.
(3) One which according to the provisions of article X is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public. (Ch. No. 1758, Secs. 4.1, 4.1a--4.1c, 2-4-63)
Any rooming house or rooming unit which shall be found by the chief inspector to be in violation of any provision of article XII which violation creates a serious hazard to the health or safety of the occupants or the public shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the chief inspector in accordance with the provisions of sections 12-68 through 12-73. (Ch. No. 1758, Sec. 4.2, 2-4-63)
Whenever the chief inspector determines that a dwelling or dwelling unit, rooming house or rooming unit is unfit for continued occupancy as provided herein, he shall include within the notice of violation provided for in section 12-45, a statement of his intent to condemn and placard the dwelling, dwelling unit, rooming house or rooming unit as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator, and the occupant in the manner provided in section 12-45. (Ch. No. 1758, Sec. 4.3, 2-4-63)
Whenever a notice of violation as provided for in section 12-68 has not been complied with, the chief inspector may include within the compliance order, a finding to the effect that the dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy and such finding shall be an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 12-46 and service shall be made at least ten (10) days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the housing board of review in the manner provided for in article V. (Ch. No. 1758, Sec. 4.4, 2-4-63)
Any dwelling, dwelling unit, rooming house or rooming unit condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order. (Ch. No. 1758, Sec. 4.5, 2-4-63)
No dwelling, dwelling unit, rooming house or rooming unit which has been condemned and placarded as unfit for continued occupancy shall again be used for habitation until written approval therefore and for removal of the placard is secured from the chief inspector. (Ch. No. 1758, Sec. 4.6, 2-4-63)
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 12-71 above. (Ch. No. 1758, Sec. 4.7, 2-4-63)
The owner of every dwelling, dwelling unit, rooming house or rooming unit which is condemned as unfit for continued occupancy and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the chief inspector may deem necessary so that the dwelling, dwelling unit, rooming house or rooming unit shall not be dangerous to human life, and shall not constitute either a fire hazard or a public nuisance. Any such vacant dwelling open at doors or windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision. (Ch. No. 1758, Sec. 4.8, 2-4-63)
All unoccupied dwellings and dwelling units that become open at doors or windows, leaving the interior of the dwellings or dwelling units exposed to the elements or accessible to entrance by trespassers, or is dangerous to human life, or constitutes either a fire hazard or a public nuisance, shall be made secure in accordance with the building code. (Ch. No. 2068, Sec. 1, 5-16-66)
Whenever the chief inspector determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy as provided herein and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he shall include within the notice of violation provided for in section 12-45, a statement of his intent to order the demolition of the dwelling; provided, however, that the owner at his discretion may repair, alter, or improve the dwelling in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value, or may demolish the dwelling at his own expense pursuant to the provisions of section 12-53; and further provided that the owner alleviate the violation within the time specified in the notice of violation. A copy of such notice shall be served on the owner, occupant, lessee, mortgagee, and all other persons having any interest in such dwelling, as shown by the records of the city clerk, in the manner provided for in section 12-45; provided, however, that in the event that any such person is not identified or located, service may be made upon him by publication in the official newspaper designated annually as such by the city council. For purposes of this section any repair, alteration, or improvement that is determined by the chief inspector to cost more than fifty per cent (50%) of the assessed valuation of the dwelling shall be deemed to be not reasonably related to the value of the dwelling. (Ch. No. 1758, Sec. 4.9, 2-4-63)
Whenever a notice of violation as provided for in section 12-70 has not been complied with, the chief inspector may include within the compliance order, a finding to the effect that the dwelling is unfit for human habitation and continued occupancy and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee, and all other persons having any interest in the dwelling, as shown by the records of the city clerk, in the manner provided for in section 12-46; provided, however, that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks, and service shall be made at least three (3) months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the housing board of review in the manner provided for in article V. (Ch. No. 1758, Sec. 4.10, 2-4-63)
Whenever a compliance order to repair, alter or secure a dwelling found by the chief inspector to be unfit for human habitation and continued occupancy has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of dwelling. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost fifty per cent (50%) or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units. (Ch. No. 1758, Sec. 4.11, 2-4-63)
Whenever a compliance order issued pursuant to the provisions of section 12-76 and providing for the demolition of a dwelling has not been complied with, and the cost of repair has been determined by the chief inspector to be more than fifty per cent (50%) of the assessed valuation of the dwelling, the chief inspector may demolish the dwelling at the expense of the owner. (Ch. No. 1758, Sec. 4.12, 2-4-63)
Whenever the owner fails to comply with an order to repair, alter or improve, or to demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the chief inspector has taken direct action pursuant to the provisions of sections 12-77 or 12-78, the costs incurred by him in such action shall be a lien against the real property and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the chief inspector, he may sell the materials of such dwelling and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto; and in every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten per cent (10%) service charge in addition thereto. (Ch. No. 1758, Sec. 4.13, 2-4-63)
Notwithstanding the other provisions of this article, no dwelling shall be vacated or demolished by the chief inspector, under the powers granted to him by the provisions of this chapter, until persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe and sanitary dwelling which meets the requirements of this chapter. (Ch. No. 1758, Sec. 4.14, 2-4-63)
There shall be a housing board of review which is authorized to hear and decide appeals from compliance orders. The board shall have the power to reverse or affirm wholly or partly or to modify any order of the chief inspector; and in specific cases to authorize such variance in the application of the terms of this chapter, where owing to unusual conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. (Ch. No. 1758, Sec. 5.1, 2-4-63)
Any person upon whom a compliance order has been served may appeal from the compliance order to the board. (Ch. No. 1758, Sec. 5.2, 2-4-63)
Application for such an appeal may be made whenever it is alleged that the compliance order does not conform with the true intent of this chapter or of the rules and regulations adopted pursuant thereto; that the compliance order is contrary to law; that the provisions of this chapter do not fully apply; or that in unusual conditions unnecessary hardship will result from the literal enforcement of chapter provisions. Any eligible person desiring to take an appeal shall file in the office of the board, within ten (10) days after service of the compliance order, a written appeal including a brief statement of the reasons therefore, and a detailed statement of the facts supporting the appeal. A notice of the appeal shall be forwarded immediately to the chief inspector by the secretary of the board. (Ch. No. 1758, Sec. 5.3, 2-4-63)
An appeal fee, in accordance with the following schedule, shall be paid upon filing of any application for appeal before the board: The appeal fee shall be five dollars ($5.00) whenever an appeal is taken from a compliance order issued as a result of hearing before the chief inspector; and the appeal fee shall be ten dollars ($10.00) whenever an appeal is taken from a compliance order issued after failure to request a hearing before the chief inspector, or after failure to appear at such hearing. Upon receipt of the appeal fee by the board, such fee shall be paid to the city treasurer. (Ch. No. 1758, Sec. 5.4, 2-4-63)
An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken except that the chief inspector may certify to the board after receipt of the notice of the appeal, as provided in section 12-93, that by reason of the facts stated in the certificate, any stay of proceedings would in his opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public, and in such event proceedings shall not be stayed except by restraining order granted by the chairman or the acting chairman of the board on application therefore by the appellant, upon notice to the chief inspector, and on due cause shown or by a court of competent jurisdiction. Whenever a restraining order has been issued, the appeal shall be given priority over all other matters before the board, and shall be promptly heard and decided. (Ch. No. 1758, Sec. 5.5, 2-4-63)
The housing board of review shall consist of five (5) members appointed by the mayor of the city, subject to the approval of the city council. Members of the board shall serve without compensation. (Ch. No. 1758, Sec. 5.6, 2-4-63)
One member of the board shall be appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one to serve for one (1) year, each new member to serve for five (5) years and until his successor has been appointed and qualified. The mayor with the approval of the council shall appoint a member of the board to fill any unexpired term if a vacancy occurs. (Ch. No. 1758, Sec. 5.7, 2-4-63)
Each member of the board shall be a resident and registered voter of the city. No member of the board shall serve on any other appointive board of the city and no member shall be engaged in the field of real estate, building trades, or similar fields where a conflict of interest could exist. (Ch. No. 1758, Sec. 5.8, 2-4-63)
The officers of the board shall be a chairman, a vice-chairman and a secretary. All officers shall be elected annually by a majority of the board. (Ch. No. 1758, Sec. 5.9, 2-4-63)
No member of the board shall pass on any matter in which he has a business or a personal interest. (Ch. No. 1758, Sec. 5.10, 2-4-63)
The board shall meet at least once a month and at other times upon a call of the chairman. Notice of the meeting to hear an appeal shall be in accordance with Title 42 orthe Rhode Island General Laws §42-46-2 entitled, Open Meetings". Notice shall be delivered to the the appellant, the chief inspector, and the members of the board, at least ten (10) days before the holding of the meeting, except for a hearing on an appeal involving a restraining order, at which time notice need not exceed forty-eight (48) hours. Upon receipt of notice of an appeal, the chief inspector shall forward immediately to the secretary of the board all pertinent records. (Ch. No. 1758, Sec. 5.11, 2-4-63: Ch. No. 7791, Sec. 1, 12-17-2014)
In order for the board to hear an appeal, a quorum of three (3) members of the board must be present. When a quorum is not present, the hearing of the appeal shall be postponed until such time as a quorum is present. The board shall provide for a new date for the hearing of the appeal in accordance with the provisions of section 12-101. (Ch. No. 1758, Sec. 5.12, 2-4-63)
All hearings of the housing board of review shall be "de novo." All hearings shall be public, and the appellant, his representative, the chief inspector and any other person whose interests may be affected by the matter on appeal, and who files a written entry of appearance shall be given an opportunity to be heard. Written entry of appearance at such hearing shall fulfill the requirements for service of any notice or order by the chief inspector. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Proceedings of the board shall be conclusive with respect to questions of fact and may be reviewed only on questions of law by courts of competent jurisdiction as provided in section 12-106. (Ch. No. 1758, Sec. 5.13, 2-4-63)
A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the director and to authorize a variance in the application of any of the provisions of this chapter as provided in section 12-91. In the event of a tie vote of the members of the board present at the hearing, the order or decision of the chief inspector shall be deemed to have been sustained. (Ch. No. 1758, Sec. 5.14, 2-4-63)
All decisions of the board shall be in writing. The board shall keep clear and detailed minutes of all its proceedings including its decisions and the reasons therefore and the vote of each member participating therein and the absence of a member or his failure to vote. Such record, immediately following the board's decision, shall be filed in the office of the board and shall be a public record. Notice of the board's decision shall be promptly furnished to the appellant, his representative, any person who has filed a written entry of appearance, and to the chief inspector, and the chief inspector shall take immediate action in accordance with the decision of the board. (Ch. No. 1758, Sec. 5.15, 2-4-63)
Any person including the chief inspector aggrieved by any decision of the housing board of review may present to the supreme court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the housing board of review to review such decision of the board and shall prescribe therein the time within which a return thereto must be made, which shall be not less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted upon by it but shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show grounds of the decision appealed from and shall be verified. If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision brought up for review. (Ch. No. 1758, Sec. 5.16, 2-4-63)
(Cross references--Buildings and building regulations, Ch. 7; garbage and trash, Ch. 10; health and sanitation, Ch. 11; water and sewers and sewage disposal, Ch. 18.)
No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this article. (Ch. No. 1758, Sec. 6, 2-4-63)
Every dwelling unit shall be supplied with a kitchen sink located in the kitchen or adjacent kitchen pantry and properly connected to an approved water supply and sewerage system, all in good working condition. (Ch. No. 1758, Sec. 6.1, 2-4-63)
Every dwelling unit shall be supplied within such dwelling unit with a room or compartment which affords privacy to a person therein and which shall be equipped with an approved flush toilet and a lavatory basin properly connected to an approved water supply and sewerage system all in good working condition. (Ch. No. 1758, Sec. 6.2, 2-4-63)
Every dwelling unit shall have supplied within such dwelling unit a room or compartment which affords privacy to a person therein and which shall be equipped with a bathtub or shower bath properly connected to an approved water supply and sewerage system all in good working condition. (Ch. No. 1758, Sec. 6.3, 2-4-63)
Every kitchen sink, lavatory basin, and bathtub or shower bath required under the provisions of sections 12-118, 12-119 and 12-120 shall be properly connected to hot as well as cold water lines. (Ch. No. 1758, Sec. 6.4, 2-4-63)
The floor surface of every bathroom and toilet room or compartment shall be constructed of material impervious to water; or if constructed of material not impervious to water, it shall be covered with fitted linoleum or painted or varnished so as to make the floor surface reasonably impervious to water. All such floors shall be kept in a dry, clean and sanitary condition by the occupant. (Ch. No. 1758, Sec. 6.5, 2-4-63)
The grading and drainage of dwelling premises shall be such that no water shall be allowed to seep into any basement or cellar, or to accumulate, or become stagnant therein or on the premises; and no roof, surface, or sanitary drainage shall create a structural, safety, or health hazard by reason of construction, maintenance, or manner of discharge. (Ch. No. 1758, Sec. 6.6, 2-4-63)
Every dwelling shall have adequate rubbish storage and disposal facilities or containers, approved as to type and location. (Ch. No. 1758, Sec. 6.7, 2-4-63)
Every dwelling shall have adequate garbage storage and disposal facilities or containers, approved as to type and location. (Ch. No. 1758, Sec. 6.8, 2-4-63)
No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this article. (Ch. No. 1758, Sec. 7, 2-4-63)
Every dwelling and dwelling unit shall be supplied either with adequate heating facilities or with chimneys or flues sufficient to accommodate facilities for the safe and adequate heating of all habitable rooms, bathrooms and toilet rooms or compartments. Where central heating equipment is not supplied by the owner, heating equipment as herein specified shall be provided by the occupant. Heating equipment shall be capable of maintaining a minimum air temperature of at least sixty-seven (67) degrees Fahrenheit at three (3) feet above the floor level, in all habitable rooms, bathrooms and toilet rooms or compartments, during an outside air temperature of zero (0) degrees Fahrenheit. Doors, windows and other parts of the dwelling shall be constructed and maintained so as to prevent abnormal heat losses. (Ch. No. 1758, Sec. 7.1, 2-4-67)
Every dwelling or dwelling unit shall be supplied with water-heating facilities capable of heating water so as to permit water at a temperature of not less than one hundred and twenty (120) degrees Fahrenheit to be drawn at every kitchen sink, lavatory basin, bathtub or shower, even when used collectively. Such water-heating facilities shall be capable of meeting the requirements of this section whether or not the heating facilities required under the provisions of section 12-137 above are in operation. (Ch. No. 1758, Sec. 7.2, 2-4-63)
Heating equipment burning solid fuels shall be rigidly connected to a chimney or flue and heating equipment burning liquid or gaseous fuels shall be rigidly connected to a chimney or flue and a supply line. (Ch. No. 1758, Sec. 7.3, 2-4-63)
(a) Effective October 1, 2008 the installation of outdoor wood boilers/furnaces shall be prohibited. Boilers/furnaces installed prior to October 1, 2008 shall be subject to the following stipulations. The boiler/furnace shall only be used for heating purposes and shall only be used from November 1 until April 1. The only wood permitted to be used as fuel is clean, dry, cord-type wood with no more than three (3) cords shall be on location at any time. There shall be no processing of wood performed on site other than cutting and splitting of lengths not greater than four (4) feet. The unit shall have been installed according to manufacturers’ standards, with proper permitting from the City of Woonsocket Building Inspection Division.
In every dwelling unit where perishable foods are kept, refrigerated space for their storage shall be provided by the occupant if not supplied by the owner. (Ch. No. 1758, Sec. 7.4, 2-4-63)
Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be so maintained by the owner thereof. Cooking equipment burning solid fuel shall be rigidly connected to a chimney or flue and cooking equipment burning liquid or gaseous fuels shall be rigidly connected to a supply line. No cooking equipment using such fuels shall be operated in any room used primarily for sleeping purposes. (Ch. No. 1758, Sec. 7.5, 2-4-63)
No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit that does not comply with the requirements of this article. (Ch. No. 1758, Sec. 8, 2-4-63)
Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate glass area available for unobstructed light for every habitable room shall be no less than ten per cent (10%) of the floor space of such room, however, in two (2) habitable rooms, the minimum aggregate glass area available for each room may be as little as but no less than six per cent (6%) of the floor space of such rooms; provided that the total aggregate glass area available for the entire dwelling unit shall meet the ten per cent (10%) requirement. (Ch. No. 1758, Sec. 8.1, 2-4-63)
Whenever walls or other portions of structures face a window of a habitable room in any dwelling and such light-obstructing structures are located less than three (3) 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 minimum total window area as required in section 12-153. (Ch. No. 1758, Sec. 8.2, 2-4-63)
Every habitable room shall have at least one (1) window or skylight which can easily be opened, or shall have such other device as will adequately ventilate the room. The total operable window area in every habitable room shall be equal to at least fifty per cent (50%) of the minimum aggregate glass area required in section 12-153, except where there is supplied some other approved device affording adequate ventilation. (Ch. No. 1758, Sec. 8.3, 2-4-63)
Every bathroom and toilet room or compartment shall comply with the light and ventilation requirements for habitable rooms contained in sections 12-153, 12-154 and 12-155 above, except that in no case shall the minimum glass area of such window or skylight be less than three (3) square feet; provided that no window or skylight shall be required in any bathroom or toilet compartment equipped with an approved ventilation system. (Ch. No. 1758, Sec. 8.4, 2-4-63)
From May first to October first every opening, except bulkheads, used for ingress or egress from a dwelling or dwelling unit directly to or from outdoor space shall be supplied with either a self-closing device or self-closing screen door; and every window of every habitable room, bathroom and toilet room or compartment, and every other window or opening from the dwelling or dwelling unit to outdoor space while in use for ventilation shall be equipped with approved screening, which shall be provided by the owner, except that all such window screening above the basement shall be provided by the occupants. (Ch. No. 1758, Sec. 8.5, 2-4-63)
Every cellar and basement shall have at least two (2) vents or windows opening directly to the outside air sufficient to prevent mildew or structural deterioration, and properly equipped with approved screening, while in use for ventilation. (Ch. No. 1758, Sec. 8.6, 2-4-63)
Every habitable room shall be supplied with at least two (2) separate electric convenience outlets, or one (1) such convenience outlet and one (1) separate electric light fixture; and every toilet room or compartment, bathroom, laundry room, furnace room, stairway and communicating corridor shall be supplied with at least one (1) electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be properly connected to the source of electric power. (Ch. No. 1758, Sec. 8.7, 2-4-63)
Every public hall and common stairway used primarily for egress or ingress in connection with two (2) or more dwelling units shall be supplied with a proper amount of natural or electric light at all times; provided that such public halls and common stairways shall be deemed to have fulfilled such requirement if they are properly supplied with conveniently located switches, controlling an adequate electric lighting system which may be turned on when needed; and provided that all common stairways not used primarily for egress or ingress in all dwellings shall be properly supplied with such switches. (Ch. No. 1758, Sec. 8.8, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65)
All electric circuits shall be protected by approved circuit breakers, or type "S" fuses, of the proper size. (Ch. No. 1958, Sec. 1, 2-15-65)
No person shall occupy as owner-occupant or permit to be occupied by another, any dwelling or dwelling unit which does not comply with the requirements of this article. (Ch. No. 1758, Sec. 9, 2-4-63)
Every dwelling unit shall contain at least one hundred sixty (160) square feet of floor space for the first occupant, at least one hundred (100) square feet of additional floor space for each of the next two (2) occupants, at least seventy-five (75) square feet of additional floor space for each of the next three (3) occupants, and at least fifty (50) square feet of additional floor space for each occupant thereafter; except that any dwelling unit which is occupied by two (2) or more occupants and which contains a room not intended to be used primarily for cooking or sleeping but which is properly designed and equipped or especially furnished with either an efficiency closet or wall-type kitchen unit or kitchenette, or bed furniture properly designed for daytime storage or other daytime uses so as to be usable for a combination of regular living and efficiency cooking or regular living and efficiency sleeping space may contain one hundred (100) square feet less floor space than would otherwise be required. In every case, the floor space shall be calculated on the basis of total habitable room area. (Ch. No. 1758, Sec. 9.1, 2-4-63)
In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. (Ch. No. 1758, Sec. 9.2, 2-4-63)
At least one-half (1/2) of the minimum required floor space of every habitable room shall have a ceiling height of at least seven (7) feet. (Ch. No. 1758, Sec. 9.3, 2-4-63)
No cellar or basement shall be occupied as a habitable room or dwelling unit, except as a workshop or recreation room, unless it shall comply with the applicable provisions of the building code as to exits; and unless the floors and walls are impervious to any leakage of underground and surface runoff water and are properly protected against dampness; and the minimum window area in each habitable room therein is located above the finished grade of the adjoining ground of the window wall and unless it shall comply with the provisions of sections 12-153, 12-154 and 12-155, except that the provisions of section 12-155 shall not be required if an approved ventilation system is supplied. In no case, however, shall cellar or basement space be used for sleeping purposes. (Ch. No. 1758, Sec. 9.4, 2-4-63)
Every dwelling unit shall be provided with a minimum of two (2) separate, approved, safe and unobstructed means of egress, and shall comply with the applicable provisions of the building code and the fire prevention code and the rules and regulations adopted pursuant thereto. (Ch. No. 1758, Sec. 9.5, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65)
(Cross references--Buildings and building regulations, Ch. 7; garbage and trash, Ch. 10; health and sanitation, Ch. 11; water and sewers and sewage disposal, Ch. 18.)
No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this article. (Ch. No. 1758, Sec. 10, 2-4-63)
Every foundation shall adequately support the dwelling structure at all points, shall be free of holes, wide cracks, and buckling. Every floor, exterior wall and roof shall be free of holes, wide cracks, and loose, warped, protruding or rotting boards or any other condition which might admit moisture, or rodents or which might constitute a hazard to health or safety. All exposed surfaces which have been adversely affected by exposure or other cause shall be repaired, and coated, treated or sealed so as to protect them from serious deterioration. Every interior wall and ceiling shall be free of holes and large cracks, loose plaster, defective materials, or serious damage. Interior walls and all protective materials thereon shall be properly maintained and easily cleanable. Every chimney shall be maintained in a safe condition and good repair. Every gutter and downspout shall be kept in good repair. (Ch. No. 1758, Sec. 10.1, 2-4-63; Ch. No. 1958, Sec. 1, 2-15-65)
Every window, exterior door, and bulkhead shall be reasonably weather-tight, watertight and rodent-proof; and shall be kept in sound working condition and good repair. (Ch. No. 1758, Sec. 10.2, 2-4-63)
Every inside and outside stairway, every porch, and every appurtenance thereto, shall be constructed and maintained in safe condition and good repair. (Ch. No. 1758, Sec. 10.3, 2-4-63)
Every supplied facility, piece of equipment, or utility, which is required under the provisions of this chapter, shall be so designed, constructed, and installed according to law that it will function safely and effectively, and shall be maintained in safe and sanitary working condition. (Ch. No. 1758, Sec. 10.4, 2-4-63)
Every plumbing fixture, and water supply and sewer line shall be properly installed according to law and maintained in safe and sanitary working condition, free from defects, leaks, and obstructions. (Ch. No. 1758, Sec. 10.5, 2-4-63)
Every dwelling, dwelling unit, and all dwelling premises shall be free of infestation, and shall be maintained as such. (Ch. No. 1758, Sec. 10.6, 2-4-63)
All dwelling premises and accessory structures shall be maintained in good repair and sanitary condition. (Ch. No. 1758, Sec. 10.7, 2-4-63)
The provisions of this article shall pertain to the responsibilities of owners, operators and occupants of dwellings and their premises. (Ch. No. 1758, Sec. 11, 2-4-63)
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and dwelling premises thereof which he occupies and controls. (Ch. No. 1758, Sec. 11.1, 2-4-63)
Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwelling and the premises thereof. Occupants of two-family dwellings shall share the responsibility for maintaining in a clean and sanitary condition the common areas of the dwelling and the dwelling premises thereof. (Ch. No. 1758, Sec. 11.2, 2-4-63)
Every owner of a multiple dwelling shall supply on the premises such rubbish and garbage disposal facilities and storage containers for each dwelling thereon as are required by sections 12-124 and 12-125, and shall maintain such facilities in good repair and sanitary condition, and shall provide for the proper collection and removal of their contents. Occupants of one and two family dwellings shall provide for such facilities, containers, maintenance, collection and removal for their own dwelling units. (Ch. No. 1758, Sec. 11.3, 2-4-63)
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the facilities provided as required by sections 12-124, 12-125, and 12-209. (Ch. No. 1758, Sec. 11.4, 2-4-63)
Every occupant of a dwelling or dwelling unit shall be responsible for the use of all screens whenever the same are required under the provisions of section 12-157. (Ch. No. 1758, Sec. 11.5, 2-4-63)
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any rodents, vermin, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested; except that whenever more than one (1) unit becomes infested, it shall become the responsibility of the owner to make free from infestation. (Ch. No. 1758, Sec. 11.6, 2-4-63; Ch. No. 2068, Sec. 1, 5-16-66)
Every occupant of a dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances, and equipment therein. (Ch. No. 1758, Sec. 11.7, 2-4-63)
No owner, operator, or occupant shall cause any service, facility, equipment or utility, which is required to be supplied by the provisions of this chapter to be removed from or shut off from or discontinued for any occupied dwelling, or dwelling unit, except for such temporary interruption as may be necessary when actual repairs or alterations are being expeditiously made, or during other temporary emergencies when discontinuance of service is approved by the chief inspector. (Ch. No. 1758, Sec. 11.8, 2-4-63)
No person shall occupy as owner-occupant or permit to be occupied by another, any vacant dwelling or dwelling unit unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all provisions of this chapter and the rules and regulations adopted pursuant thereto. (Ch. No. 1758, Sec. 11.9, 2-4-63)
Every owner or operator of a dwelling who permits to be occupied any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupant thereof, shall maintain therein from September first to May first, a minimum air temperature level of not less than sixty-seven (67) degrees Fahrenheit at three (3) feet above floor level during an outside air temperature of zero (0) degrees Fahrenheit or above between the hours of 6:30 a.m. and 11:00 p.m. and not less than sixty (60) degrees Fahrenheit between the hours of 11:00 p.m. and 6:30 a.m. in all habitable rooms, bathrooms, toilet rooms and compartments and communicating corridors; provided that when the outside air temperature drops below zero (0) degrees Fahrenheit, heating facilities shall be operated so as to furnish at least the minimum requirements hereof. Whenever heating facilities are incapable of furnishing the minimum requirements hereof at an outside air temperature of below zero (0) degrees Fahrenheit, they shall be operated to full capacity. Whenever a dwelling is heated by means of a central heating facility, or other heating apparatus under the control of the owner or operator of the dwelling, such owner or operator in the absence of a written contract or agreement to the contrary, shall be deemed to have contracted, undertaken, or bound himself to furnish heat in accordance with the provisions of this section. The provisions of this section shall not apply where the failure to maintain such an air temperature level is approved by the chief inspector because of a general short-age of fuel, or any negligent or malicious act of the occupant, or while repairs are being expeditiously made to the heating equipment, or any cause beyond the control of the owner or operator. (Ch. No. 1758, Sec. 11.10, 2-4-63; Ch. No. 2068, Sec. 1, 5-16-66)
No owner of occupant of any property shall allow grass or weeds to become overgrown beyond the height of twelve (12) inches, or permit the accumulation of garbage, trash, junk, inoperable or disassembled automobiles, or other debris, or yard waste so that the citizens of the City shall be safe from fire, the breeding of rodents, vermin or obnoxious insects.
(Ch. No.7366, Sec. 1, 11-4-07)
Whenever the owner or occupant fails to comply with an order to remove grass, weeds, natural debris, garbage, trash, junk, inoperable or disassembled automobiles or other debris, and the city chief inspector determines that such grass, weeds, natural debris, garbage, trash, junk, inoperable or disassembled automobiles or other debris affect the health, safety and welfare of the surrounding neighborhood by harboring rodents and mosquitoes, by increasing dumping and littering, by creating fire hazards, by creating unsightly and unsanitary debris and by impeding upon the safe passage of pedestrians along sidewalk areas, the inspector may order the removal of the grass, weeds, natural debris, garbage, trash, junk, inoperable or disassembled automobiles or other debris. Should the owner, occupant or person having care of said property fail to comply with the order within seven days of issuance then the chief inspector may employ reasonable methods to remedy the condition, including the use of city employees or other agents to cut the grass, trim weeds and/or remove garbage, trash, junk, inoperable or disassembled automobiles or other debris. The chief inspector may recover the whole costs incurred for such removal by imposing a lien on the property as provided or authorized by the law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs. The lien will not be removed until the city inspector has been fully reimbursed for the execution of the removal of the grass, weeds, natural debris, garbage, trash, junk, inoperable or disassembled automobiles or other debris. The owner or occupant will also be subject to a civil penalty of $100.00 for not complying with the order of removal.
(Ch. No. 7366, Sec. 1, 11-4-07)
No person shall operate, or permit to be occupied, a rooming, lodging or boarding house which does not comply with the requirements of this article. (Ch. No. 1758, Sec. 12, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
(a) The provisions of sections 12-139, 12-153, 12-154, 12-155, 12-176, 12-177, 12-194, 12-214, 12-215 and 12-216 shall be applicable to each rooming, lodging or boarding house and rooming unit. For purposes of this article, wherever in the above-enumerated sections, the term "dwelling" is used, it shall be construed to mean "rooming, lodging or boarding house"; and wherever the term "dwelling unit" is used, it shall be construed to mean "rooming unit."
(b) The provisions of sections 12-123, 12-138, 12-156, 12-158, 12-159, 12-175, 12-189 through 12-193 and 12-195 shall be applicable to each rooming, lodging or boarding house. For purposes of this article, wherever in the above-enumerated sections, the term "dwelling" is used, it shall be construed to mean "rooming, lodging or boarding house."
(Ch. No. 1758, Sec. 12.1, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
When the chief inspector determines that a rooming, lodging or boarding house and each rooming unit therein complies with all the pertinent requirements of this chapter and all rules and regulations adopted pursuant thereto, he shall issue an occupancy record card which shall:
(1) Designate the maximum number of persons who may occupy such rooming, lodging or boarding house unit therein;
(2) Designate each rooming unit as a Type A, or B rooming unit; and,
(3) Designate the room number assigned to that unit.
The operator shall display the occupancy record card at all times in a conspicuous place near the main entrance of the rooming, lodging or boarding house. Altering, tampering with or removing the occupancy record card from the rooming, lodging or boarding house is prohibited. The chief inspector shall keep a duplicate of the occupancy record card in his files.
(Ch. No. 1758, Sec. 12.2, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018; Ch. 8047, Sec. 1, 6/4/2018)
The number of each rooming unit as designated on the occupancy record card shall be placed on the outside of the main door to such unit in a plain and conspicuous manner. No two (2) rooming units shall bear the same number. The number and type shall be posted in each such unit and shall not be changed without the written approval of the chief inspector. (Ch. No. 1758, Sec. 12.3, 2-4-63)
Every rooming, lodging or boarding house shall be supplied with at least one (1) approved flush toilet and lavatory basin properly connected to an approved water supply and sewerage system and in good working condition for each eight (8) persons or fraction thereof, residing within a rooming house. In counting such persons, members of the operator's family who share the use of such sanitary facilities shall be included; but occupants of any rooming units that are otherwise provided with an approved flush toilet and lavatory basin shall be excluded. All such sanitary facilities shall be so located within the rooming, lodging or boarding house as to be directly accessible to all persons sharing such facilities without entering another rooming unit or dwelling unit and shall be contained within a room or compartment which affords privacy to a person within such room or compartment. No such required sanitary facilities shall be located in a cellar or basement. (Ch. No. 1758, Sec. 12.4, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
Every rooming, lodging or boarding house shall be supplied with at least one (1) bathtub or shower bath properly connected to an approved water supply and sewerage system, and in good working condition for each eight (8) persons or fraction thereof, residing within a rooming house. In counting such persons, members of the operator's family who share the use of such sanitary facilities shall be included; but occupants of any rooming units who are otherwise provided with an approved bathtub or shower bath shall be excluded. All such sanitary facilities shall be so located within the rooming, lodging or boarding house as to be directly accessible to all persons sharing such facilities without entering another rooming unit or dwelling unit and shall be contained within a room or compartment which affords privacy to a person within such room or compartment. No such required sanitary facilities shall be located in a cellar or basement. (Ch. No. 1758, Sec. 12.5, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
Every kitchen sink, lavatory basin and bathtub or shower bath shall be supplied with hot water at all times. (Ch. No. 1758, Sec. 12.6, 2-4-63)
The floor surface of every bathroom, toilet room or compartment and bathroom shall be constructed of material impervious to water; or if constructed of material not impervious to water, it shall be covered with fitted inlaid linoleum or painted or varnished so as to make the floor surface reasonably impervious to water. All such floors shall be kept in a dry, clean and sanitary condition by the operator. (Ch. No. 1758, Sec. 12.7, 2-4-63)
The operator shall be responsible for the supply, maintenance and cleanliness of adequate and separate rubbish and garbage storage containers approved as to type and location. The occupant shall be responsible for the removal of all rubbish and garbage from the rooming unit and the storage of such waste in a clean and sanitary manner by placing it in the required containers. (Ch. No. 1758, Sec. 12.8, 2-4-63)
Every rooming, lodging or boarding house and rooming unit shall be supplied either with adequate heating facilities or with chimneys or flues sufficient to accommodate facilities for the safe and adequate heating of all habitable rooms, bathrooms and toilet rooms or compartments. Where central heating equipment is not supplied by the owner, heating equipment as herein specified shall be provided by the operator. Heating equipment shall be capable of maintaining a minimum air temperature of at least sixty-seven (67) degrees Fahrenheit at three (3) feet above the floor level, in all habitable rooms, bathrooms and toilet rooms or compartments, during an outside air temperature of zero (0) degrees Fahrenheit. Doors, windows and other parts of the rooming, lodging or boarding house shall be constructed and maintained by the owner so as to prevent abnormal heat losses. (Ch. No. 1758, Sec. 12.9, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
Every public hall and common stairway used primarily for egress or ingress in every rooming, lodging or boarding house shall be supplied with a proper amount of natural or electric light at all times; all common stairways not used primarily for egress or ingress in all rooming, lodging or boarding houses shall be properly supplied with conveniently located switches controlling an adequate electric lighting system which may be turned on when needed. (Ch. No. 1758, Sec. 12.10, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
The operator shall supply every window of every habitable room, bathroom and toilet room or compartment with shades or other devices or materials which will afford privacy to the occupant. (Ch. No. 1758, Sec. 12.11, 2-4-63)
From May first to October first every opening, except bulkheads, used for ingress or egress from a rooming, lodging or boarding house or rooming unit directly to or from outdoor space shall be supplied with either a self-closing device or self-closing screen door and every window of every habitable room, bathroom and toilet room or compartment, and every other window or opening below the sixth floor of the rooming, lodging or boarding house or rooming unit to outdoor space while in use for ventilation shall be supplied with approved screening by the operator. (Ch. No. 1758, Sec. 12.12, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
The operator shall supply clean bed linens and towels at least once a week, and prior to the letting of any rooming unit unless the occupant supplies such bed linens and towels himself. (Ch. No. 1758, Sec. 12.13, 2-4-63)
The operator shall be responsible for the clean and sanitary maintenance of all walls, floors and ceilings in every rooming unit and other parts of the rooming, lodging or boarding house including the community kitchen or kitchens and the common areas of the rooming house. (Ch. No. 1758, Sec. 12.14, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
The operator shall be responsible for the extermination of rodents, vermin or other pests within every portion of the rooming, lodging or boarding house and any portion of the dwelling or structure that is leased or occupied by him; provided however that whenever infestation also occurs in any other portion of the dwelling or structure, or whenever infestation is caused by failure of the owner to carry out the provisions of this chapter, extermination shall be the responsibility of the owner. (Ch. No. 1758, Sec. 12.15, 2-4-63; Ch. 8047, Sec. 1, 6/4/2018)
The operator shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment. The owner of the above plumbing fixtures, sanitary facilities, appliances and equipment shall be responsible for the maintenance thereof. (Ch. No. 1758, Sec. 12.16, 2-4-63)
Occupancy in Type A rooming units shall not exceed two (2) persons. (Ch. No. 1758, Sec. 12.17, 2-4-63)
Every room in any rooming unit occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof; provided that in Type A rooming units consisting of only one (1) room, the minimum floor space shall be one hundred twenty (120) square feet for the first occupant and fifty (50) additional square feet for the second occupant thereof. (Ch. No. 1758, Sec. 12.18, 2-4-63)
In Type A rooming units consisting of two (2) rooms, one (1) room containing a minimum of sixty (60) square feet of floor space shall be supplied with an adequate and approved cooking stove, kitchen sink and refrigerated storage space; provided that if sleeping is permitted in the kitchen, the minimum floor space shall be one hundred twenty (120) square feet for the first occupant and fifty (50) additional square feet for the second occupant thereof. Type A rooming units consisting of one (1) room shall contain an adequate and approved cooking stove, kitchen sink and refrigerated storage space. Cooking equipment burning solid fuel shall be rigidly connected to a chimney or flue and cooking equipment burning liquid or gaseous fuel shall be rigidly connected to a supply line. Cooking equipment of any type using such fuels shall not be permitted in any room used for sleeping purposes. (Ch. No. 1758, Sec. 12.19, 2-4-63)
Cooking and cooking equipment is prohibited in every Type B rooming unit. The operator shall post notice of this provision in every such unit. (Ch. No. 1758, Sec. 12.20, 2-4-63)