| (1)
| BASEMENT |
| That portion of a building located partly underground or grade level, but having less than 50% of its clear floor-to-ceiling height below that average grade of the adjoining ground.
|
| (2)
| CELLAR | |
| That portion of a building located partly or wholly underground, and having 50% or more of its clear floor-to-ceiling height below the average grade of adjoining ground.
|
| (3)
| DWELLING |
| Any building which is wholly or partly used or intended for use as a residence by human occupants, including but not limited to uses of living, sleeping, cooking, and eating, provided that a temporary housing unit as hereinafter defined shall not be regarded as a dwelling.
|
| (4)
| DWELLING UNIT |
| Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended for use as a residence by human occupants, including but not limited to uses of living, cooking and eating.
|
| (5)
| ENFORCEMENT AGENCY |
| The Building Commissioner/Inspector of the city or his legally designated agent.
|
| (6)
| EXTERMINATION |
| The control and elimination of insects, rodents, or other pests and vermin by eliminating their harboring places; by removing or making inaccessible materials that may serve as food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest and vermin elimination methods approved by the enforcement agency.
|
| (7)
| GARBAGE |
| Shall include, but not limited to, the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food, all matter that is subject to decay and rot, and any other matter than can act as a breeding area for pests, vermin, disease, odor and to which animals can be attracted.
|
| (8)
| HABITABLE ROOM |
| A room or enclosed floor space used or intended for use as a residence for human occupants, including but not limited to, uses of living, sleeping, cooking and eating; excluding bath rooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets and storage spaces.
|
| (9)
| INFESTATION |
| The presence, within or around a dwelling of any insects, vermin, rodents or other pests.
|
| (10)
| MULTIPLE DWELLING |
| Any dwelling containing more than two dwelling units.
|
| (11)
| OCCUPANT |
| Any person who occupies a dwelling unit or room unit for purposes of residence.
|
| (12)
| OPERATOR |
| Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or room units are let.
|
| (13)
| OWNER | |
| Any person who, alone or jointly or severally with others: shall have legal or equitable title to any real estate on which a dwelling or dwelling unit exists; and/or shall have charge, care or control of any dwelling or dwelling unit.
|
| (14)
| PERSON | |
| Shall include, but not be limited to, any individual, firm, corporation, association or partnership.
|
| | |
| (15)
| PLUMBING |
| Shall mean and include, but not be limited to, any and all of the following installed or connected facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, dishwashers, lavatories, bathtubs, shower baths, clothes-washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines.
|
| (16)
| PREMISES |
| Dwelling, dwelling unit, rooming unit or any other habitat encompassed within the literal and conceptual reading of this chapter.
|
| (17)
| ROOMING HOUSE |
| Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner, or operator for occupancy by another person or persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
|
| (18)
| ROOMING UNIT |
| Any room or group of rooms forming a single habitable unit or intended to form such a unit, but not containing specific areas for cooking or eating.
|
| (19)
| RUBBISH |
| Combustible and non-combustible waste materials, except garbage; and the term shall include, but not be limited to, wood, coal, coke and other combustible material; paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.
|
| (20)
| SUPPLIED |
| Paid for, furnished or provided by or under the control of the owner or operator.
|
| (1)
| Where probable cause has been shown by affidavit that conditions are non-conforming or that are detrimental to the occupants, and where the affidavit has been presented to the Superior or Circuit Court Judge and a warrant issued directing and authorizing the inspection of the property concerned. |
| (2)
| Where an official determination has been made by the Board of Public Works and Safety of the city or the enforcement agency and has been made a matter of public record that a blanket inspection of all premises subject to this chapter is necessary, and where notice of this inspection has been published once per week for two consecutive weeks in a newspaper of general circulation in the city, such publication being not completed less than five days before the commencement of such inspection, such inspections may then be accordingly made; provided that the area to be so inspected shall not be less than 1/64 of a square mile, at ground level; further provided that no enforcement shall be lawful as the result of such inspections, unless 25% of all dwelling units in such area shall have been so inspected. |
| (3)
| Whereas official determination by the enforcement agency has been made a matter of written public record that a routine spot inspection of all premises subject to this chapter is necessary, and where notice of this inspection has been published once per week for two consecutive weeks in a newspaper of general circulation in the city, such publication being completed not less than five days before the commencement of such inspection, such inspections may then be accordingly made; provided that the area to be so inspected shall be not less than 1/5 of a square mile, at ground level; and further provided that no further enforcement as a result of such routine spot inspections shall be lawful unless five or more premises have been so inspected. |
| | |
| (4)
| Be served upon the owner or his agent by reading, by delivery of a copy thereof, and by posting of such notice within three feet of the U.S. mailbox affixed to the structure or upon any door facing an abutting public street. A return by the representative of the enforcement agency shall be made showing such reading, delivery and posting; or the failure to make such reading or delivery if such be the case; provided, that posting shall always be required. In the event that the owner or his agent cannot be found, the mailing of a copy of such notice by registered mail, return receipt requested, showing delivery or a tender of such notice shall be deemed equivalent to actual reading and delivery. In the event that the name and address of the owner or his agent cannot be determined by the enforcement agency, then, after the making of an affidavit by a representative of the enforcement agency stating that a diligent effort has been made to determine the name and address of such owner, notice published once each week for three consecutive weeks in a newspaper of general circulation in the city shall be deemed equivalent notice to the actual reading and delivery of such notice; provided that such published notice shall state the address of the structure involved and shall further state all of the facts and requirements enumerated by the notice itself. The removal, by any person other than the owner of the structure involved, or his agent, of any notice required to be posted pursuant to the provisions of this section shall be unlawful and punishable as hereinafter provided. |
| (5)
| Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. |
| (C)
| After such hearing, the Board of Public Works and Safety shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Public Works and Safety sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to division (A) of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the enforcement agency within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by rule or regulation adopted pursuant thereto, when such notice has been sustained by the Board of Public Works and Safety, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the enforcement agency within ten days after such notice is required. |
| (D)
| The proceedings at such hearing, including the findings and decision of the Board of Public Works and Safety, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Clerk-Treasurer. 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 Board of Public Works and Safety may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of Indiana. |
| (E)
| Whenever the enforcement agency finds that an emergency exists which requires immediate action to protect the public health or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the enforcement agency shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the enforcement agency shall continue such order in effect, or modify it, or revoke it. |
| (B)
| Every dwelling unit 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 connected to a water and sewer system approved by the Board of Public Works and Safety. |
| (C)
| Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and connected to a water and sewer system approved by the Board of Public Works and Safety. |
| (D)
| Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of divisions (A), (B), or (C) of this section shall be connected with both hot and cold water lines. |
| (E)
| Every dwelling unit shall be supplied with rubbish storage facilities, type and location of which are approved by the Building Department of the city. |
| (F)
| Every dwelling unit shall have garbage disposal facilities or garbage storage containers, type and location of which are approved by the Building Department of the city. |
| (G)
| Every dwelling shall have supplied water heating facilities which are installed, are maintained in safe and good working condition, are connected with those hot water lines required under the provisions of division (D) of this section, and are capable of heating water to such a temperature as to permit 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 division (G) when the dwelling or dwelling unit heating facilities required under the provisions of division (E) of
'
158.05 are not in operation.
|
| (H)
| 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 city. |
| (A)
| Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be no less than 5% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall be equal to at least 15% of the total floor area of such room. |
| (B)
| Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size of minimum skylight-type window size, as required in division (A) of this section, except where there is supplied some other device affording ventilation and approved by the Building Department of the city. All windows must be equipped with screens to prevent entry of insects and vermin. |
| (C)
| Every bathroom, kitchen and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in divisions (A) and (B) of this section, except that no window or skylight shall be required in ventilated bathrooms, kitchens and water closet compartments equipped with a ventilation system which is in good operating condition and approved by the Building Department of the city. |
| (D)
| Where there is electric service available from power lines which are 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 shall be installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. |
| (E)
| Every dwelling shall have heating facilities which are properly installed, which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70°°
F., at a distance of three feet above the floor level and at an outdoor temperature of 10°
°
F. below zero. No habitable room, dwelling or dwelling unit shall contain any flame producing device or appliance for the purpose of providing the required heat in such space or spaces unless such device or appliance shall be provided with permanent, proper and safe means for the supplying of combustion air and for the venting to the outdoors of all products of combustion.
|
| | |
| (F)
| Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling a lighting system which may be turned on when needed, instead of full-time lighting. |
| (G)
| During that portion of each year when the enforcement agency deems it necessary for protection against mosquitos, flies and other insects, every door opening directly from a dwelling unit to outdoors space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall be likewise supplied with screens. |
| (H)
| Every basement or cellar window used or intended for use as ventilation and any other opening shall be supplied with screens or some other appropriate covering to prevent the entry of rodents and other vermin. |
| (A)
| Every foundation, floor, wall, ceiling and roof shall be weather tight, water tight and rodent proof. All exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings, and flashing, waterproofing of joints and waterproof coatings, and shall be kept in sound condition and good repair. |
| (B)
| Every window, exterior door and basement hatchway shall be water tight, weather tight and rodent proof; and shall be kept in sound working condition and good repair. |
| (C)
| Every stairway, porch and appurtenance 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. |
| (D)
| Every plumbing device and/or fixture including water pipes shall be properly installed and maintained in good sanitary working condition. |
| (E)
| Every water closet compartment floor surface and bathroom surface shall be so constructed and maintained so as to be impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. |
| | |
| (A)
| Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 square feet of additional space for each additional occupant thereof; floor space is to be calculated on the basis of total habitable room area not including bathrooms or water closet compartments. |
| (B)
| In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. |
| (C)
| No dwelling unit containing two or more sleeping rooms shall be so arranged that access to a bathroom or water closet compartment area can only be through another sleeping room. |
| (D)
| Only those areas in any room which have a ceiling height of at least seven feet shall be considered for calculation of acceptable floor space or deemed to be habitable areas. |
| (E)
| No cellar space shall be deemed habitable if that area is the only area for habitability. |
| (F)
| No basement shall be deemed habitable unless it meets the minimum requirements for habitability as set forth in this chapter for areas determined to be designated as habitable areas. |
| (A)
| The owner or operator of said rooming house shall apply to the enforcement agency for a permit to so operate a rooming house. |
| (B)
| A permit to operate a rooming house shall be issued unless the enforcement agency determines that the areas so designated for rooming are not in compliance with this chapter for habitable living areas. |
| (C)
| A copy of the permit shall be displayed in a conspicuous place within each room of the rooming house which use is intended for rooming purposes. |
| (D)
| Any person denied a permit by the enforcement agency shall have the right to petition the Board of Public Works and Safety for a review of the permit denial under the provisions of '
158.03.
|
| (E)
| Any person who has been issued a permit but found to be not in compliance with this chapter shall be given 30 days notice of permit revocation. If the conditions are not corrected within the 30-day period, the permit shall be revoked subject to a hearing before the Board of Public Works and Safety as provided in '
158.03.
|
| (F)
| Any petition to the Board of Public Works and Safety shall be served no later than ten days before any regularly scheduled meeting. |
| | |
| (G)
| At least one flush water closet, lavatory basin and bathtub or shower, connected to a water and sewer system approved by the Board of Public Works and Safety and in good working condition, shall be supplied for each eight persons, or fraction thereof, residing within a rooming house, including members of the operator's family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required water closets. All such facilities shall be so located within the dwelling as to be accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by express written permission of the enforcement agency. |
| (H)
| Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof. |
| (I)
| Every rooming unit shall have safe, unobstructed means of egress leading to safe open spaces at ground level, as required by the laws of the state. |
| (J)
| The operator of every rooming house shall be responsible for the safe and sanitary maintenance of all walls, floors and ceilings, and for maintenance of a safe and sanitary condition in every other part of the rooming house; and he shall be further responsible for the safe and sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. |
| (K)
| Every provision of this chapter which applies to rooming houses shall also apply to motels, motor lodges and hotels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency. |
| (A)
| In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the city existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the public shall prevail. |
| (B)
| If any section, sub-section, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared severable. |