CHAPTER 15

HOUSING CODE

(Created Ord. #1-69)

15.01 Definitions

15.02 Inspection of Dwellings, Dwelling Unit, Rooming Units & Premises

15.03 Enforcement - Service of Notice and Orders - Hearings

15.04 Minimum Standard for Basic Equipment & Facilities

15.05 Minimum Standard for Light, Ventilation & Heating

15.06 General Requirements Relating to the Safe and

Sanitary Maintenance of Part of Dwelling Units

15.07 Minimum Space, Use and Location Requirements

15.08 Responsibilities of Owners and Occupants

15.09 Rooming Houses

15.10 Designation of Unfit Dwellings and Legal Procedure of Condemnation

15.11 Penalties

15.12 Conflict of Ordinances - Effect of Partial Invalidity

HOUSING CODE 15.01

15.01 DEFINITIONS. The following definitions will apply in the interpretation and enforcement of this chapter.

(1) BASEMENT. A space of full story height below the first floor which is not designed or used primarily for year around living accommodations. Space partly below grade, which is designed and finished as habitable space, is not defined as basement space. (Ref: See page 14--F.H.A. #300 dates 1/1960). This shall be referred to throughout this chapter.

(2) CELLAR. A portion of a building located partly or wholly underground, and having 2/3 or more of its clear floor-to-ceiling height below the average grade of the adjoining ground. (See paragraph titled "Basement" for reference.)

(3) DWELLING. 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. Any 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.

(4) EXTERMINATION. The control and elimination of insects, rodents, or other pests by eliminating their harboring places, by removing or making inaccessible materials which may serve as their as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the Health Officer.

(5) GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(6) HABITABLE ROOM. A room or other enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, including bathrooms, water closet compartments, laundries, pantries, foyers, or communizing corridors, closets and storage spaces.

(7) HEALTH OFFICER. The Health Officer of the City of Jefferson, Wisconsin, or his duly authorized representative.

(8) INFESTATION. The presence within or around a dwelling of any insects, rodents or other pests.

(9) MULTIPLE DWELLING. Any dwelling containing more than 2 dwelling units.

(10) OCCUPANT. Any person over one year of age living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit.

(11) OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units oar offered for rent.

(12) ORDINARY MINIMUM WINTER CONDITIONS. The temperature which is 15 degrees Fahrenheit above the lowest recorded temperature for the previous 10-year period (lowest temperature, 1959 - 32 degrees Fahrenheit). Figure, winter base temperature not less than -17 degrees Fahrenheit with inside room temperature of +70 degrees Fahrenheit minimum for range (Bathroom +80 degrees Fahrenheit).

(13) OWNER. Any person who, alone or jointly or severally with others:

(a) Shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; provided, however, that whenever the dwelling or dwelling unit is subject to land contract, lease with option to purchase, or any other form of written contact under the terms of which any person is entitled to a conveyance of legal title upon payment of a specified sum, the term "Owner" shall mean the person who shall have such a contractual right, rather than the person who is holing the legal title; or

 

 

HOUSING CODE 15.01(13)(b)

(b) Shall have charge, care or subtract if any dwelling or dwelling unit as executor, executrix, trustee, receiver or guardian of the owner as defined in subsection (a) immediately preceding. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this chapter, but shall be bound to notify the owner, by means of registered letter addressed to the owner at his last known address, of any order or notice to be issued by the Health Officer or Superintendent of Inspections relating to the property of the owner.

(14) PERSON. Shall mean and include any individual, firm, corporation, association or partnership.

(15) PLUMBING. Shall mean and include all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal equipment, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs, shower baths, installed clothes washing machines, catch basins, drains, vents, floor drains, laundry traps, drinking fountains, gutters, downspouts, area drains, lines, sanitary and storm sewer systems, also subsoil drainage and any other supplied fixtures, together with all connections to water, sewer or gas lines.

(16) ROOMING UNIT. 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.

(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 to 5 or more persons who are not husband or wife, sister or brother, son or daughter, or father or mother of the owner or operators.

(18) RUBBISH. Combustible or non-combustible 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, leaves, tin cans, metals, mineral matter, glass, crockery, or dust.

(19) SUPERINTENDENT OF INSPECTIONS, The Superintendent of Inspections of the City of Jefferson, Wisconsin or his duly authorized representative.

(20) SUPPLIED. Paid for, furnished or provided by or under the control of the owner or operator.

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

15.02 INSPECTION OF DWELLINGS, DWELLING UNITS, ROOMING UNITS, AND PREMISES. (1) The Health Officer and Superintendent of Inspections are hereby severally authorized and directed to make inspections to determine the condition of dwellings, dwelling units, and premises located within the City, in order that they may perform their 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 Health Officer and Superintendent of Inspections are hereby severally authorized to enter, examine, and survey, at proper times, after due notice, all 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 Health Officer and Superintendent of Inspections access to such dwelling, dwelling unit or rooming unit and its premises, at proper times after due notice for the purpose of such inspection examination and survey. Every occupant of a dwelling unit or dwelling shall give the owner thereof, or his agent or employee, access to any part of such dwelling, or dwelling unit, or its premises, at all reasonable times, for the purpose of making such repairs or alteration as are necessary to effect compliance with the provisions of this chapter.

HOUSING CODE 15.03

15.03 ENFORCEMENT - SERVICE OF NOTICES AND ORDERS - HEARINGS. (1) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter which affects the health of the occupants of any dwelling, dwelling unit or rooming unit, or the health of the general public, or whenever the Superintendent of Inspections determines that there are reasonable grounds to believe that there has been a violation of any such provisions which affects the safety of any such occupants, or the safety of the general public, the Health Officer or the Superintendent of Inspections, as the case may be, shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as herein 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 requires;

(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 registered 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.

(e) Such notice must contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

(2) Any person affected by any such notice issued by the Health Officer or Superintendent of Inspections may request and shall be granted a hearing on the matter before the Board of Appeals of the City of Jefferson, provided that such person shall file in the office of the Health Officer or Superintendent of Inspections, as the case may be within 10 days after service of the notice, a written petition requesting such hearing and setting for a brief statement of the grounds therefor. Upon receipt of such petition, the Health Officer, or Superintendent of Inspections, respectively, shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of request thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with.

(3) After such hearing, the Board shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of the chapter have been complied with. If the Boards shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to subsection 15.03 (1) of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer or Superintendent of Inspections within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Board, 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 Health Officer or Superintendent of Inspections within 10 days after such notice is served.

(4) The proceedings at such hearings, including the findings and decisions of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the offices of the 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 Board may seek relief therefrom in an court of competent jurisdiction, as provided by the laws of this state.

 

 

HOUSING CODE 15.03(5)

(5) Whenever the Health 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. Notwithstanding the other provisions of this chapter, such order shall be effective immediately, but upon petition to the Health Officer, shall be afforded a hearing as soon as possible in the manner provided in subsection 15.03(2). After such hearing, depending upon the finding as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, or modify it, or revoke it.

15.04 MINIMUM 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 odes not comply with the following requirements:

(1) Every dwelling unit shall contain a kitchen sink and laundry tray in good working condition and properly connected to a water and sanitary sewer system approved by the Pluming Division of the Superintendent of Inspections.

(2) Every dwelling unit shall contain a room within its walls, separate from the habitable rooms, which affords privacy to a person within said room and which is equipped with a flush water closet, a lavatory basin, and a bathtub or shower and the necessary fixtures and accessories therefor, in good working condition and property connected to hot and cold water lines and sanitary sewer system, approved by the Health Officer or Superintendent of Inspection.

(3) At the expiration of a period of 2 years from January 30, 1969, every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of subsection 15.04(1) and (2) of this chapter shall be properly connected with water line.

(4) Every dwelling unit shall be supplied with adequate rubbish storage facilities.

(5) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers (Refer to Garbage Ordinance).

(6) 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 the state of Wisconsin and ordinances of the City of Jefferson.

15.05 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:

(1) 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 10% of the floor area of each room. (See Federal Housing Administration Bulletin No. 300, Minimum Property Requirements, for Skylight Area).

(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 less than 4% of the floor area, except where there is supplied a mechanical device affording adequate ventilation per Federal Housing Administration regulations.

(3) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsection 15.05(1) and (2) of this section, except that no window or skylight shall be required in bathrooms and water closet compartments equipped with a mechanical ventilation system per Federal Housing Administration regulations, approved by the Health Officer or Superintendent of Inspections.

(4) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and working conditions, and 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 degrees Fahrenheit, at a distance of 30 inches above floor level, under ordinary minimum winter conditions.

HOUSING CODE 15.05(5)

(5) every public hall and stairway in every multiple dwelling shall be adequately lighted, in conformity with the current issue of the National Electrical Code and Federal Housing Administration regulations.

(6) Every basement shall receive natural and artificial light and shall be ventilated according to Federal Housing Administration requirements or equal minimum. 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 devices as will effectively prevent their entrance.

15.06 GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF DWELLING UNITS. 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:

(1) Every foundation, floor, wall, ceiling, and roof shall be reasonably weather-tight, watertight, and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair.

(2) Every window, skylight, exterior door, and basement hatchway shall be reasonably weather-tight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair.

(3) Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting any load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.

(4) Every plumbing fixture and water waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

(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.

(6) No owner, operator, or occupant shall cause any service facility, equipment, or utility which is required under this chapter 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 repair or alterations are in progress; or during temporary emergencies, or when discontinuance of service is approved by the Health Officer or Superintendent of Inspections.

(7) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.

(8) Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

15.07 MINIMUM 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:

(1) Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant, 100 square feet for the second occupant, and 75 square feet for each additional occupant. The floor area shall be calculated on the basis of total area of all habitable rooms.

(2) In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age and at least 30 square feet for each occupant thereof under 12 years of age.

(3) At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least 7 feet 6 inches and the floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

HOUSING CODE 15.07(4)

(4) No basement or cellar space shall be used as a dwelling unit unless it complies with the Minimum Property Requirements (No. 300) of the Federal Housing Administration (current issue).

(5) Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and 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, shower, and laundry facility, or other similar units, at a temperature of not less than 130 degrees Fahrenheit, at any time needed.

(6) Where there is electric service available to the building, every habitable room of a dwelling unit shall contain at least 2 separate and remote outlets, one of which may be a ceiling or wall-type electric light fixture. Every public hall, bathroom, laundry room, or furnace room shall contain at least one electric light fixture. In addition, every bathroom and laundry room shall be provided with at least one electric outlet.

(7) From May 1st to October 1st, in every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed 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 likewise be supplied with screens installed.

15.08 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. (1) Every Owner of a dwelling containing more than 4 dwelling units shall be responsible for maintaining in a clean sanitary condition the shared or public area of the dwelling and premises thereof.

(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.

(3) Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish container required by subsection 15.04(4) of this chapter. (See also Garbage Ordinance).

(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 15.04(5) of this chapter. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than 4 dwelling units located on the premises where more than 4 dwelling units hare the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. (See also Garbage Ordinance).

(5) Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens whenever the same are required under the provisions of this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.

(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 responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, 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.

(7) Every occupant of a dwelling shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in a proper use and operation thereof.

 

 

 

HOUSING CODE 15.09

15.09 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 chapter, except the provisions of section 15.04 and 15.08.

(1) No person shall operate a rooming house unless he holds a valid rooming house license issued by the Office of the City Clerk in the name of the operator and for the specific dwelling unit. The operator shall apply to the Office of the Superintendent of Inspections for a permit for license, which shall be issued by the office of the City Clerk upon compliance by the operator to the satisfaction of the Superintendent of Inspections with the applicable provisions of this chapter. The license shall be displayed in a conspicuous place within the rooming house, at all times. No such license shall be transferable. Every person holding such license shall give notice in writing to the office of the City Clerk and the Superintendent of Inspections 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 license shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.

(2) Any person whose application for a permit to obtain a license to operate a rooming house has been denied may request and shall be granted a hearing on the matter, under the procedure provided by section 15.03 of this chapter.

(3) Whenever upon inspection of any rooming house the Health Officer or Superintendent of Inspections finds that conditions or practices exist which are in violation of any provisions of this chapter, the Health Officer or Superintendent of Inspections, shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, such period to be determined by the Health Officer or Superintendent of Inspections, the operator's rooming house license will be suspended. At the end of such period, the Health Officer or Superintendent of Inspections shall re-inspect such rooming house and, if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's license has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house and no person shall occupy for sleeping or living purposes any rooming unit therein.

(4) Any person whose license to operate a rooming house has been suspended, or who has received notice from the Health Officer or Superintendent of Inspections that his license is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the Board of Appeals under the procedure provided by section 15.03 of this chapter; provided that, if no petition for such hearing is files within 10 days following the day on which such license was suspended, such license shall be deemed to have been automatically revoked.

(5) At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sanitary sewer system approved by the Plumbing Inspector of the Superintendent of Inspections office and in good working condition, shall be supplied for each 10 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, tank system urinals of the floor-resting type fixtures may be substituted for not more than 1/2 of the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible fro, 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 written approval of the Health Officer or Superintendent of Inspections.

(6) The operator of every rooming house shall change supplied bed linen and towels therein a least once a week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean an sanitary manner.

HOUSING CODE 15.09(7)

(7) Every room occupied for sleeping purposes by one person shall contain at least 80 square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 40 square feet of floor space for each occupant thereof over 12 years of age, and at least 30 square feet for each occupant therein under 12 years of age, as computed in accordance with subsection 15.07(3) of this chapter.

(8) Every rooming 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.

(9) The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary conditioning every other part of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where leased or occupied by the operator.

(10) Every provision of this chapter which applies to rooming houses shall also apply to efficiency apartments, motels, cabins, hotels, and similar accommodations 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.

(11) The Health Officer is empowered to suspend the operation of subsection 15.07(1), (2) and/or 15.09(7) hereof by special or general order in writing, when he shall deem an emergency exists which, in his discretion, shall warrant such suspension; provided, however, that no such general or special order so suspending operation of subsection 15.07(1) and/or 15.09(7) shall be of a duration longer than 10 days.

15.10 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE OF CONDEMNATION. (1) The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(a) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Health Officer or Superintendent of Inspections.

(b) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it created a serious health hazard to the health and safety of the occupants or of the public.

(c) One which lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or of the public.

(d) One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of occupants or of the public.

(2) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Health Officer or Superintendent of Inspections shall be vacated within 60 days as ordered by the Health Officer or Superintendent of Inspections.

(3) No dwelling or dwelling unit which has bee condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Health Officer or Superintendent of Inspections. The Health Officer or Superintendent of Inspections shall remove such placard whenever the defect or defects upon which the condemnation and placarding actions were based have been eliminated.

(4) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 15.10(3).

(5) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Appeals, under the procedure set forth in section 15.03 of this chapter.

HOUSING CODE 15.11

15.11 PENALTIES. (1) Any person violating any of the terms of this chapter shall forfeit a fine of not less than $5.00 nor more than $25.00, together with cost of prosecution, provided that for violation of any condition can be corrected by modification or repair, the failure to correct or rectify such defect within a reasonable time shall constitute a separate violation and be subject to penalties herein provided.

15.12 CONFLICT OF ORDINANCES - EFFECT OF PARTIAL INVALIDITY. (1) 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 this 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 people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or Code of this City existing on the effective date of this chapter, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or Codes are hereby declared to be repealed to the extent that they may be found to be in conflict with this chapter.

(2) If any section, subsection, 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 to be severable.