HomeMy WebLinkAboutOrdinance 1436 ORDINANCE N0, I436
AN ORDINANCE TO BE KNOWN AS THE HOUSING ORDINANCE , ESTABLISHING MINIMUM
STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS; ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES AND OTHER
PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE , SANITARY
AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING
THE CONDITION OF DWELLINGS OFFERED FOR RENT ; FIXING CERTAIN RESPONSIBILITIES
AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; AUTHORIZING THE INSPECTION
OF DWELLINGS, AND THE CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION;
AND FIXING PENALTIES FOR VIOLATIONS
WHEREAS, in the City of Fayetteville , Arkansas , there are , or may
in the future be , dwelling structures which are so dilapidated , unsafe ,
dangerous , unhygienic , or insanitary as to constitute a menace to the
health and safety of the people in this City of Fayetteville , Arkansas ;
and
WHEREAS, The City Council of the City of Fayetteville , Arkansas, finds
that it is to the best interest of the 'City of Fayetteville in order to
preserve the health , safety, and property of the public that a Housing
Ordinance regulating supplied facilities, maintenance , and occupancy of
dwellings and dwelling units be adopted .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
SECTION 1 , DEFINITIONS
The following definitions shall apply in the interpretation and
enforcement of this Ordinance :
1 . 1 Basement shall mean a portion of a building located partly under-
ground, but having less than half its clear floor-to-ceiling
height below the average grade of the adjoining ground .
1 . 2 Cellar shall mean a portion of a building located partly or
wholly underground , and having half or more than half of its
clear floor-to-ceiling height below the average grade of the
adjoining ground .
1 .3 Dwelling shall mean any building which is wholly or partly used
or intended to be used for living or sleeping by human occupants :
Provided that temporary housing as hereinafter defined shall not
be regarded as a dwelling .
1 . 4 Dwelling Unit shall mean arty room or group of rooms located
within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living,
sleeping , cooking, and eating .
1 . 5 Extermination shall mean the control and elimination of insects,
rodents , or other pests by eliminating their harborage places ;
by removing or making inaccessible materials that may serve as
their food; by poisoning, . .spraying, fumigating, trapping ; or by
any other recognized and legal pest elimination methods approved
by the Housing Officer .
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1 . 6 Garbage shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking , and consumption of food .
1 . 7 Habitable Room shall mean a room or enclosed floor space used
or intended to be used for living , sleeping, cooking, or eating
purposes, excluding bathrooms, water closet compartments,
laundries , pantries , foyers , or communicating corridors, closets ,
and storage spaces .
1 . 8 Housing Board shall be a committee composed of the Housing Officer
and three members appointed by the mayor .
1 . 9 Housing Officer shall mean the legally designated authority of the
City of Fayetteville , Arkansas , or his authorized representative .
1 . 10 Infestation shall mean the presence , within or around a dwelling ,
of any insects , rodents or other pests .
1 . 11 Multiple Dwelling shall mean any dwelling containing more than
two dwelling units .
1 . 12 Occupant shall mean any person, over 1 year of age , living,
sleeping , cooking, or eating in, or having actual possession of,
a dwelling unit or rooming unit .
1 . 13 Operator shall mean any person who has charge , care , or control
of a building , - or part thereof , in which dwelling units or
rooming units are let .
1 . 14 Ordinary Minimum Winter Conditions shall mean the temperature
15 °F . above the lowest recorded temperature for the previous
10-year period .
1 . 15 Owner shall mean any person who , alone or jointly or severally
with others :
( a ) Shall have legal title to any dwelling or dwelling unit ,
with or without accompanying actual possession thereof; or
( b ) Shall have charge , care or control of any dwelling or
dwelling unit , as owner or agent of the owner, or as
executor , executrix, administrator , administratrix, trustee ,
or guardian of the estate of the owner . Any such person
thus representing the actual owner shall be bound to comply
with the provisions of this ordinance , and of rules and
regulations adopted pursuant thereto , to the same extent
as if he were the owner .
1 . 16 Person shall mean and include any individual , firm, corporation,
association, or partnership .
1 . 17 Plumbing shall mean and include all of the following supplied
facilities and equipment : Gas pipes , gas-burning equipment ,
water pipes , garbage disposal units , waste pipes , water closets
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sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes-washing machines, catch basins , drains,
vents, and any other similar supplied fixtures, together with
all connections to water, sewer , or gas lines .
1 . 18 Roo Unit shall mean any room or group of rooms forming a
single habitable unit used or intended to be used for living
and sleeping , but not for cooking or eating purposes .
1: 19 Rooming House shall mean any dwelling , or that part of any
dwelling containing one or more rooming units, in which space
is let by the owner or operator to three or more persons who are
not husband or wife , son or daughter, mother or father, or sister
or brother of the owner or operator .
1120 Rubbish shall mean combustible and noncombustible waste materials,
except garbage ; and the term shall include the residue from the
burning of wood , coal, coke , and other combustible material,
paper, rags , cartons, boxes , wood , excelsior, rubber, leather,
tree branches , yard trimmings, tin cans, metals , mineral matter,
glass crockery, and dust .
1 . 21 Supplied shall mean paid for, furnished, or provided by or under
the control of, the owner or operator .
1. 22 ' Temporary Housing shall mean any tent , trailer, or other structure
used for human shelter which is designed to be transportable and
which is not attached to the ground, to another structure , or
to any utilities system on the same premises for more than 30
consecutive days .
1 .23 Meaning of Certain Words . Whenever the words " dwelling , 11
" dwelling unit , " "rooming house , " " rooming unit, " "premises, "
are used in this ordinance , they shall be construed as though
they were followed by the words "or any part thereof . ,,
SECTION 2 . INSPECTION OF DWELLINGS, DWELLING
UNITS, ROOMING UNITS AND PREMISES
2 . 1 The Housing Officer is hereby authorized and directed , to make
inspections to determine the condition of dwellings , dwelling
units, rooming units, and premises located within this City
of Fayetteville , Arkansas , in order that he may perform his
duty of safeguarding the health and safety of the occupants
of dwellings and of the general public . For the purpose of
making such inspections the Housing Officer is hereby authorized
to enter , examine , and survey at all reasonable times all dwell-
ings, dwelling units , rooming units, and premises . The owner
or occupant of every dwelling, dwelling unit, and rooming unit ,
or the person in charge thereof, shall give the Housing Officer
free access to such dwelling , dwelling unit or rooming unit and
its premises, at all reasonable times for the purpose of such
inspection, examination, and survey . Every occupant of a dwell-
ing or dwelling unit shall give the owner thereof, or his agent
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or employee , access to any part of such dwelling or dwelling
unit , or its premises , at all reasonable times for the purpose
of making such repairs or alterations as are necessary to effect
compliance with the provisions of this ordinance or with any
lawful rule or regulation adopted or any lawful order issued
pursuant to the provisions of this ordinance .
SECTION 3 • ENFORCEMENT — SERVICE OF NOTICES
AND ORDERS —HEARINGS
3 . 1 Whenever the Housing Officer determines that there are reason-
able grounds to believe that there has been a violation of any
provision of this ordinance or of any rule or regulation adopted
pursuant thereto , he shall give notice of such alleged violation
to the person or persons responsible therefor , as hereinafter
provided . Such notice shall :
(a) Be put in writing;
(b) Include a statement of the reasons why it is being issued;
( c ) Allow a reasonable time for the performance of any act it
required ;
( d) Be served upon the owner or his agent , or the occupant , as
the case may require : Provided that such notice shall be
deemed to be properly served upon such owner or agent , or
upon such occupant , if a copy thereof is served upon him
personally; or if a copy thereof is sent by certified mail
to his last known address ; or if a copy thereof is posted
in a conspicuous place in or about the dwelling affected by
the notice ; or if he is served with such notice by any
other method authorized or required under the laws of this
state .
Such notice may :
( e ) Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this ordinance
and with rules and regulations adopted pursuant thereto .
3 . 2 Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this
ordinance , or of any rule or regulation adopted pursuant
thereto , may request and shall be granted a hearing on the
matter before the Housing Board : Provided that such person
shall file in the office of the Housing Officer a written
petition requesting such hearing and setting forth a brief
statement on the grounds therefor within 10 days after the day
the notice was served . Upon receipt of such petition the
Housing Board shall set a time and placefor such hearing
and shall give the petitioner written notice thereof . At
such hearing the petitioner shall be given an opportunity to
be heard and to show why such notice should be modified or
withdrawn. The hearing shall be commenced not later than
10 days after the day on which the petition was filed :
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Provided that upon application of the petitioner the Housing
Board may postpone the date of the hearing for a reasonable
time beyond such 10-day period , if in its judgment the petitioner
has submitted a good and sufficient reason for such postponement .
3 . 3 After such hearing the Housing Board shall sustain, modify,
or withdras the notice , depending upon its finding as to whether
the provisions of this ordinance and of the rules and regulations
adopted pursuant thereto have been complied with . If the Housing
Board sustains or modifies such notice , it shall be deemed
to be an order . Any notice served pursuant to Subsection 3 . 1 of
this ordinance shall automatically become an order if a written
petition for a hearing is not filed in the office of the Housing
B o a rd- within 10 days after such notice is served . After a
hearing in the case of any notice suspending any permit required
by this ordinance or by any rule or regulation adopted pursuant
thereto , when such notice has been sustained by the Housing
B o ard , the permit shall be deemed to have been revoked . Any
such permit which has been suspended by a notice shall be deemed
to be autozatically revoked if a petition for hearing is not
filed in the office of the Housing Board within -10 days - after
such notice is served .
3 . 4 The proceedings at such hearing, including the findings and
decision of the Housing Board ; . shall be' summarized , reduced '
to writing, and entered as a matter of public record in the
office of the Housing Board . Such record shall also include
a copy of every notice or order issued in connection with the
matter . Any person aggrieved by the decision of the Housing
B o a r d may seek relief therefrom before the Board of Appeal,
existing under the Building Code Ordinance , and thereafter in
any court of competent jurisdiction, as provided by the laws
of this state .
3 . 5 Whenever the Housing Officer finds that an emergency exists
which requires immediate action to protect the public health ,
he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency .
Nothwithstanding the other provisions of this ordinance , such
order shall be ' effective immediately . Any person to whom such
order is directed shall comply therewith immediately, but
upon petition to the Housing B o a rd shall- be afforded : a hear-
ing as soon. as possible . After such hearing, depending upon
his finding as to whether the provisions of this ordinance and
of the rules and regulations adopted pursuant thereto have
been complied with , the Housing Officer shall continue such
order in effect , or modify it , or revoke it .
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SECTION 4 . ADOPTION OF RULES AND REGULATIONS
BY THE HOUSING OFFICER
4 . 1 The Housing Board is--hereby authorized to make .and , after .
a motion therefor has been approved by a resolution of the
City Council of the City of Fayetteville , Arkansas , to adopt
such written rules and regulations as may be necessary for
the proper enforcement of the provisions of this ordinance :
Provided that such rules and regulations shall not be in con-
flict with the provisions of this ordinance . The Housing
Board shall file a certified copy of all rules and regulations
which he may adopt with the clerk of this City of Fayetteville ,
Arkansas .
SECTION 5 . MIND4UN STANDARDS FOR BASIC
EQUIPMENT AND FACILITIES
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit , for the purpose of living,
sleeping , cooking , or eating therein, which does not comply with the
following requirements :
5 . 1 Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to a water and
sewer system approved by the Housing Officer .
5 . 2 Every dwelling unit ( except as otherwise permitted under
Subsection 5 . 4 of this Section) shall contain a room which
affords privacy to a person within said room and which is
equipped with a flush water closet and a lavatory basin in
good working condition and properly connected to a water and
sewer system approved by the Housing Officer .
5 . 3 Every dwelling unit ( except as otherwise permitted under Sub-
section 5 . 4 of this Section ) shall contain, within a room
which affords privacy to a person within said room, a bath -
tub or shower in good working condition and properly connected
to a water and sewer system approved by the Housing Officer .
5 . 4 The occupants of not more than two dwelling units may share
a single flush water closet , a single lavatory basin, and a
single bathtub or shower if :
( a ) Neither of the two dwelling units contains more than two
rooms : Provided that , for the purposes of this Sub-
section, a kitchenette or an effeciency kitchen with
not more than 60 square feet of floor area shall not
be counted as a room; and
( b) The habitable area of each of such dwelling units shall
equal not more than 250 square feet of floor area;
and
( c ) Such water closet , lavatory basin, and bathtub or shower
shall be in good working condition and properly connected
to a water and sewer system approved by the Housing Officer .
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5 . 5 Every kitchen sink , lavatory basin , and bathtub or shower
required under the provisions of Subsections 5 . 1, 5 . 2, 5 . 3 ,
and 5 . 4 of Section 5 of this ordinance shall be properly con-
nected with both hot and cold water lines .
5 . 6 Every dwelling unit shall be supplied with adequate rubbish
storage facilities , type and location of which are approved
by the Housing Officer .
5 . 7 Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers , type and location
of which are approved by the Housing Officer .
5 . 8 Every dwelling shall have supplied water-heating facilities
which are properly installed , are maintained in safe and good
working condition, are properly connected with the hot water
lines required under the provisions of Subsection 5 . 5 of
Section 5 of this ordinance , and are capable of heating water
to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin,
bathtub or shower at a temperature of not less than 120°F .
Such supplied water-heating facilities shall be capable of
meeting the requirements of this Subsection when the dwelling
or dwelling unit heating facilities required under the pro-
visions of Subsection 6 . 5 of Section 6 of this ordinance are
not in operation.
5 . 9 Every dwelling unit shall have safe , unobstructed means of
egress leading to safe and open space at ground level , as
required by the laws of this state and this City of Fayetteville ,
Arkansas .
SECTION 6 . MINIMUM STANDARDS FOR LIGHT,
VENTILATION, AND HEATING
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit , for the purpose of living
therein, which does not comply with the following requirements :
6 . 1 Every habitable room shall have at least one window or sky-
light facing directly to the outdoors . The minimum total
window area , measured between stops , for every habitable room
shall be 10 per cent of the floor area of such room . When-
ever walls or other portions of structures face a window of
any such room and such light-obstruction structures are located
less than 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 in-
cluded as contributing to the required minimum total window
area . Whenever the only window in a room is a skylight-type
window in the top of such room, the total window area of such
skylight shall equal at least 15 per cent of the total floor
area of such room.
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6 . 2 Every habitable room shall have at least one window or skylight
which can easily be opened , or such other device as will adequately
ventilate the room. The total of openable window area in every
habitable room shall be equal to at least 45 per cent of the
minimum window area size or minimum skylight-type window size ,
as required in Subsection 6 . 1 of Section 6 0£ this ordinance ,
except where there is supplied some other device affording
adequate ventilation and approved by the Housing Officer ,
6 .3 Every bathroom and water closet compartment shall comply with
the light and ventilation requirements for habitable rooms
contained in Subsections 6 . 1 and 6 . 2 of Section 6 , except that
no window or skylight shall be required in adequately ventilated
bathrooms and water closet compartments equipped with a venti-
lation system which is capable of being kept in continuous
operation and approved by the Housing Officer .
6 . 4 Where there is electric service available from power lines
whichare not more than 300 feet away from a dwelling, every
habitable room of such dwelling shall contain at least two
separate floor or wall-type electric convenience outlets, or
one such convenience outlet and one supplied ceiling-type
electric light fixture ; and every water closet compartment ,
bathroom, laundry room, furnace room, and public hall shall
contain at least one supplied ceiling- or wall-type electric
light fixture . Every such outlet and fixture shall be properly
installed, shall be maintained in good and safe working con-
dition, and shall be connected to the source of electric power
in a safe manner .
6 . 5 Every dwelling shall have heating facilities which are properly
installed , are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable
rooms , bathrooms, and water closet compartments in every dwell-
ing unit located therein to a temperature of at least 701F . ,
at a distance three feet above floor level, under ordinary .
minimum winter conditions .
6 . 6 Every public hall and stairway in every multiple dwelling con-
taining five or more dwelling units shall be adequately lighted
at all times . Ever• public hall and stairway in structures
devoted soley to dwelling occupancy and containing not more
than four dwelling units may be supplied with conveniently
located light switches, controlling an adequate lighting
system which may be turned on when needed, instead of full-
time lighting .
6 . 7 During that portion of each year when the Housing Officer deems
it necessary for protection against mosquitoes , flies , and other
insects, every door opening directly from a dwelling unit to
outdoor space shall have supplied screens and every window
or other device with openings to outdoor space , used or intended
to be used for ventilation, shall likewise be supplied with
screens : Provided that such screens shall not be required
during such period in rooms deemed by the Housing Officer
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to be located high enough in the upper stories of buildings
as to be free from such insects , and in rooms located in
areas of this City of Fayetteville , Arkansas, which are
deemed by the Housing Officer to have so few such insects
as to render screens unnecessary .
6 . 8 Every basement or cellar window used or intended to be used
for ventilation, and every other opening to a basement which
might provide an entry for rodents , shall be supplied with
a screen or such other device as will effectively prevent
their entrance .
SECTION 7 . GENERAL REQUIREMENTS RELATING TO
THE SAFE AND SANITARY MAINTENANCE OF
PARTS OF DL^JELLINGS AND DWELLING UNITS
No person shall occupy as owner-occupany or let to another for
occupancy any dwelling or dwelling unit , for the purpose of living
therein, which does not comply with the following requirements :
7 . 1 Every foundation, floor, wall, ceiling , and roof shall be
reasonably weathertight , watertight , and rodentproof; shall
be capable of affording privacy; and shall be kept in good
repair .
7 . 2 Every window, exterior door, and basement hatchway shall be
reasonably weathertight , watertight , and rodentproof; and shall
be kept in sound working condition and good repair .
7 . 3 Every inside and outside stair, every porch , and every appurte-
nance thereto shall be so constructed as to be safe to use
and capable of supporting the load that normal use may cause
to be placed thereon; and shall be kept in sound condition
and good repair .
7 . 4 Every plumbing fixture and water and waste pipe shall be
properly installed and maintained in good sanitary working
condition, free from defects , leaks, and obstructions .
7 . 5 Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to
be reasonably impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition .
7 . 6 Every supplied facility, piece of equipment , or utility which
is required under this ordinance shall be so constructed or
installed that it will function safely and effectively, and
shall be maintained in satisfactory working condition .
7 . 7 No owner, operator, or occupant shall cause any service ,
facility, equipment , or utility which is required under this
ordinance to be removed from or shut off from or discontinued '
for any occupied dwelling let or occupied by him, except for
such temporary interruption as may be necessary while actual
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repairs or alterations are in process, or during temporary
emergencies when discontinuance of service is approved by
the Housing Officer .
7 . 8 No owner shall occupy or let to any other occupant any vacant
dwelling unit unless it is clean, sanitary, and fit for human
occupancy .
SECTION 8 . MINIMU14 SPACE, USE , AND LOCATION
REQUIREMENTS
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit , for the purpose of living therein, which does not
comply with the following requirements :
8 . 1 Every dwelling unit shall contain at least 150 square feet of
floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional
occupant thereof, the floor space to be calculated on the
basis of total habitable room area .
8 . 2 In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space , and every room
occupied for sleeping purposes by more than one occupany
shall contain at least 50 square feet of floor space for
each occupant thereof .
8 . 3 No dwelling or dwelling unit containing two or more sleeping
rooms shall have such room arrangements that access to a
bathroom or water closet compartment intended for use by
occupants of more than one sleeping room can be had only by
going through another sleeping room; nor shall room arrange-
ments be such that access to a sleeping room can be had only
by going through another sleeping room or a bathroom or
water closet compartment .
8 . 4 At least one-half of the floor area of every habitable room
shall have a ceiling height of at least six and one-half ( 6 1/2 )
feet ; and the floor area of that part of any room where the
ceiling height is less than five ( 5 ) feet shall not be con-
sidered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum
permissible occupancy thereof .
8 . 5 No basement or cellar space shall be used as a habitable
room or dwelling unit unless :
( a) The floor and walls are impervious to leakage of under-
ground and surface runoff water and are insulated against
dampness ;
( b) The total of window area in each room is equal to at least
the minimum window area sizes as required in Subsection
6 . 1 of Section 6 of this ordinance ;
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( c ) Such required minimum window area is located entirely
above the grade of the ground adjoining such window
area ; and
( d ) The total of openable window area in each room is equal
to at least the minimum as required under Subsection
6 . 2 of Section 6 of this ordinance , except where
there is supplied some other device affording adequate
ventilation and approved by the Housing Officer .
SECTION 9 . RESPONSIBILITIES OF DINERS AND
OCCUPANTS
9 . 1 Every owner of a dwelling containing two or more dwelling units
shall be responsible for maintaining in a clean and sanitary
condition the shared or public areas of the dwelling and
premises thereof .
9 . 2 Every occupant of a dwelling or dwelling unit shall keep in
a clean and sanitary condition that part of the dwelling,
dwelling unit , and premises thereof which he occupies and
controls .
9 . 3 Every occupant of a dwelling or dwelling unit shall dispose
of all his rubbish in a clean and sanitary manner by plac-
ing it in the rubbish containers required by Subsection 5 . 6
of Section 5 of this ordinance .
9 . 4 Every occupant of a dwelling or dwelling unit shall dispose
of all his garbage and any other organic waste which might
provide food for rodents , in a clean and sanitary manner, by
placing it in the garbage disposal facilities or garbage
storage containers required by Subsection 5 . 7 of Section 5
of this ordinance . It shall be the responsibility of the
owner to supply such facilities or containers for all dwell-
ing units in a dwelling containing more than four dwelling
units and for all dwelling units located on premises where
more than four dwelling units share the same premises . In
all other cases it shall be the responsibility of the occupant
to furnish such facilities or containers .
9 . 5 Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors
and windows whenever the same are required under the pro-
visions of this ordinance or of any rule or regulation
adopted pursuant thereto , except where the owner has agreed
to supply such service .
9 . 6 Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents, or other pests . therein or on the premises ; and every
occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be resonsible for such extermination
whenever his dwelling unit is the only one infested . Not-
withstanding the foregoing provisions of this subsection,
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whenever infestation is caused by failure of the owner to
maintain a dwelling in a rat-proof or reasonably insect-
proof condition, extermination shall be the responsibility
of the owner . Whenever infestation exists in two or more
of the dwelling units in any dwelling , or in the shared or
public parts of any dwelling containing two or more dwell-
ing units, extermination thereof shall be the responsibility
of the owner .
9 . 7 Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall
be responsible for the exercise of reasonable care in the
proper use and operation thereof .
SECTION 10 . ROOMING HOUSES
No person shall operate a rooming house , or shall occupy or let
to another for occupancy any rooming unit in any rooming house , except
in compliance with the provisions of every section of this ordinance
except the provisions of Section 5 and Section 9 .
10 . 1 No person shall operate a rooming house unless he holds a
valid rooming house permit issued by the Housing Officer
in the name of the operator and for the specific dwelling
or dwelling unit . The operator shall apply to the Housing
Officer for such permit , which shall be issued by the Hous-
ing Officer upon compliance by the operator with the applicable
provisions of this ordinance and of any rules and regulations
adopted pursuant thereto . This permit shall be displayed in
a conspicuous place within the rooming house at all times .
No such permit shall be transferable . Every person holding
such a permit shall give notice in writing to the Housing
Officer within 24 hours after having sold , transferred,
given away, or otherwise disposed of ownership of, interest
in, or control of any rooming house . Such notice shall
include the name and address of the person succeeding to the
ownership or control of such rooming house . Every rooming
house permit shall expire at the end of one year following
its date of issuance , unless sooner suspended or revoked as
hereinafter provided .
10 . 2 Any person whose application for a permit to operate a room-
ing house has been denied may request and shall be granted
a hearing on the matter before the Housing Officer, under the
procedure provided by Section 3 of this ordinance .
10 . 3 Whenever upon inspection of any rooming house the Housing
Officer finds that conditions or practices exist which are
in violation of any provision of this ordinance or of any
rule or regulation adopted pursuant thereto , the Housing
Officer shall give notice in writing to the operator of such
rooming house that unless such conditions or practices are
corrected within a reasonable period, to be determined by
the Housing Officer , the operator ' s rooming house permit will
be suspended . At the end of such period the Housing Officer