TITLE 6 – CHAPTER 4 -- HUMAN HABITATION
6 TCC 4-1. Purpose.
6 TCC 4-2. Applicability.
6 TCC 4-3. Exceptions.
6 TCC 4-4. Conflicts.
6 TCC 4-5. Compliance by Owners Required.
6 TCC 4-6. Definitions.
6 TCC 4-7. Minimum Standards.
6 TCC 4-8 Smoke Detectors
6 TCC 4-9 Carbon Monoxide Alarms
6 TCC 4-10. Responsibilities of Owners.
6 TCC 4-11. Administration and Enforcement.
6 TCC 4-12. Penalties.
6 TCC 4-13. Designation of Unfit Dwellings and Legal Procedure of Condemnation.
6 TCC 4-1. Purpose.
The purpose of this Chapter is to provide basic, uniform standards governing the condition, occupancy, and maintenance of residential premises, and to establish reasonable safeguards for the safety, health, and welfare of the occupants and users thereof.
6 TCC 4-2. Applicability.
This Chapter shall apply to existing and new residential premises as follows:
(a) Lots, plots, or parcels of land on which residential structures, structures of mixed occupancy, or accessory structures are located;
(b) Residential structures including one and two-family dwellings, multiple dwellings, and mobile homes;
(c) Residential occupancy in buildings of mixed occupancy; and
(d) Accessory structures accessory to residential occupancies.
6 TCC 4-3. Exceptions.
This Chapter shall not apply to transient type occupancies and uses including, but limited to: nursing and convalescent homes, hotels, motels, tourist camps, travel trailers, and travel trailer parks, and other forms of temporary housing.
6 TCC 4-4. Conflicts.
Where a provision of this Chapter is to be found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply, or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code, or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
6 TCC 4-5. Compliance by Owners Required.
No person shall occupy as owner-occupant or allow another to occupy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the requirements of this Chapter.
6 TCC 4-6. Definitions.
For the purpose of this Chapter, certain terms and words are hereby defined as follows:
(a) Approved shall mean approved by the local or state authority having such administrative authority.
(b) Approved smoke detector or detector means a smoke detector of the ionization or photoelectric type, which complies with all the requirements of the Rules and regulations of the Illinois State Fire Marshal.
(c) Approved carbon monoxide alarm or alarm means a carbon monoxide alarm that complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association.
(d) Basement shall mean a portion of the building, partly underground, but having less than half its clear height below the average grade of the adjoining ground.
(e) Building shall mean a structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof affording shelter to persons, animals, or property.
(f) Cellar shall mean that space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
(g) Dwelling—one family shall mean a building containing not more than one dwelling unit occupied exclusively for residential purposes.
(h) Dwelling—two family shall mean a building containing not more than two dwelling units occupied exclusively for residential purposes.
(i) Dwelling unit means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed‑occupancy building.
(j) Egress shall mean a place or means of going out.
(k) 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 local or state authority having such administrative authority.
(l) Family shall mean a household constituting a single housekeeping unit occupied by one or more persons.
(m) Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and non-consumption of food.
(n) Grade—Finished shall mean natural surface of the ground after completion of any change in contour, abutting building or premises.
(o) Habitable space shall mean space occupied by one or more persons for living, sleeping, eating, or cooking; kitchenettes shall not be deemed to be habitable space. (Compare definition of “non-habitable space”.)
(p) Director of Public Health shall include his authorized representative.
(q) Mixed occupancy shall mean a building in which a dwelling unit is combined within the overall structure along with a non-dwelling unit such as, but not limited to, a place of business.
(r) Multiple dwelling shall mean:
1. A building containing three (3) or more dwelling units;
2. A building containing living, sanitary, and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
3. A building with one or more sleeping rooms other than a one or two-family dwelling used or occupied by permanent or transient paying guests or tenants;
4. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity, or sorority house, or for similar uses; or
5. A building used or occupied as a convalescent old age or nursing home but not including private or public hospitals or public institutions.
(s) Non-Habitable space shall mean space used as a kitchenette, pantry, bath, toilet, laundry, restroom, dressing room, locker, storage room, utility room, heater room, boiler room, closet, and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. (Compare definition of “habitable space”.)
(t) Occupant shall mean any person, over one (1) year of age, living, sleeping, cooking, or eating in or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.
(u) Ordinary winter conditions shall mean a temperature of 15 degrees above the lowest recorded temperature in the locality for the prior ten-year period.
(v) Owner shall mean any person who alone or jointly or severally with others:
1. Has legal title to any premise, dwelling, unit, with or without accompanying actual possession thereof, or
2. Has charge, care, or control of any premise, dwelling or dwelling unit, as owner or agent or agent of the owner, or an executor, administrator, trustee, or guardian, of the estate of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this Chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
(w) Person shall mean and include any individual, firm, corporation, association, or partnership.
(x) Potable water shall mean water, which is approved by the Illinois Department of Public Health or the Tazewell County Health Department for drinking, culinary, and domestic uses.
(y) Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure, and includes any such building, accessory, structure, or other structure thereon.
(z) Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced, without interruption or interference, either by sight or sound, by unwanted persons.
(aa) Refuse shall mean putrescible and non-putrescible solids (except body wastes), including garbage, rubbish, ashes, and dead animals.
(bb) Refuse container shall mean a watertight container that is constructed of metal or other durable material impervious to rodents and that is capable of being serviced without creating unsanitary conditions, or such other containers approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting.
(cc) Rubbish shall mean non-putrescible wastes (including ashes) consisting of either:
1. Combustible wastes such as paper, plastic containers, cardboard, yard clippings, and wood; and
2. Non-combustible wastes such as tin cans, glass, and crockery.
(dd) Safety shall mean the conditions of being free from danger and hazards, which may cause accidents or disease.
(ee) Sewage shall mean liquid waste containers animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.
(ff) Supplied shall mean paid for, furnished by, provided by, or under the control of the owner, operator, or agent.
(gg) Ventilation shall mean supply and removal of air to and from a space by natural or mechanical means.
(hh) Ventilation—mechanical shall mean by power-driven devices.
(ii) Ventilation—natural shall mean by opening to outer air through windows, skylights, doors, louvers, or stacks with or without wind-driven devices.
(jj) Vermin-infested shall mean the presence within or contiguous to a dwelling unit or premises of insects, rodents, vermin, or other pests as to create a potential hazard to the health or safety of the occupants or of the public.
6 TCC 4-7. Adoption by Reference
This ordinance shall adopt by reference and shall be interpreted and enforced in accordance with provisions set forth in the current, unabridged form of the Tazewell County Code, Title 1, Chapter 6, “Ordinance Authorizing Administrative Adjudication of Ordinance Violations”, and any subsequent amendments or revisions thereto. This ordinance shall control with respect to any differences between it and these incorporated provisions.
6 TCC 4-8. Minimum Standards.
No person shall inhabit any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, unless it is clean, sanitary, fit for human occupancy, and complies with the following requirements:
(a) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Director of Public Health.
(b) Every dwelling unit (except as otherwise permitted under Sub-section (d) below) 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 condition and properly connected to a water and sewer system approved by the Director of Public Health.
(c) Every dwelling unit (except as otherwise permitted under Sub-section (d) below) shall contain a room which affords privacy to a person within said room, a bathtub or shower in good condition and properly connected to a water and sewer system approved by the Director of Public Health.
(d) The occupants of not more than two (2) dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower if:
1. Neither of the dwelling units contain more than two (2) rooms: PROVIDED that for the purpose of this Section, a kitchenette or an efficiency kitchen with not more than sixty (60) square feet of floor area shall not be counted as a room; and
2. The habitable area of each such dwelling unit shall equal not more than two hundred fifty (250) square feet of floor area; and
3. 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 Director of Public Health.
(e) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of Sub-sections (a), (b), (c), and (d) above shall be properly connected with both hot and cold water lines.
(f) Every dwelling unit shall be supplied with adequate rubbish storage facilities of a type and location, which are approved by the Director of Public Health.
(g) Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type, and the Health Officer approves location of which. Every dwelling unit shall also have garbage removal service acceptable to the Director of Public Health.
(h) Every dwelling shall have supplied water heating facilities which are properly installed, and maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of Sub-section (e) above, 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 degrees F. Such applied water heating shall be capable of meeting the requirements of this Sub-section when the dwelling or dwelling unit heating facilities required under the provisions of Sub-section (n) below of this Section hereof are not in operation.
(i) 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 County.
(j) 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 ten percent (10%) of the floor area of such room. Whenever walls or other portions of 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 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 fifteen percent (15%) of the total floor area of such room.
(k) Every habitable room shall have at least one window or skylight which can be easily be opened, or such other device as will adequately ventilate the room. The total of operable window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight type window size as required in Sub-section (j) above, except where there is supplied some other device affording adequate ventilation and approved by the Director of Public Health.
(l) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Sub-sections (j) and (k) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Director of Public Health.
(m) Where there is electric service available from power lines which are not more than three hundred (300) feet away from the dwelling, every habitable room of such dwelling shall contain at least two (2) separate floor or wall-type electric convenience outlets, or one (1) such convenience outlet and one (1) 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 condition, and shall be connected to the store of electric power in a safe manner.
(n) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and working condition, 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 68 degrees F at a distance of three (3) feet above floor level under ordinary minimum winter conditions.
(o) Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) 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.
(p) During that portion of each year when the Director of Public Health 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 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: PROVIDED that such screens shall not be required in rooms located in areas of the County which are deemed by the Director of Public Health to have so few insects as to render screens unnecessary.
(q) 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.
(r) Every foundation, floor, wall, ceiling, and roof shall be reasonably weather-tight, watertight, rodent-proof, and termite-proof; shall be capable of affording privacy; and shall be kept in good repair.
(s) Every window, exterior door, and basement hatchway shall be reasonably weather-tight, watertight, rodent-proof, and termite-proof; and shall be kept in sound working condition and good repair.
(t) 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 the load that normal use may cause to be placed thereon; and shall be kept in sound working condition and good repair.
(u) 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.
(v) 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 clean and sanitary condition.
(w) Every supplied facility, piece of equipment, or utility, which is required under this Chapter, shall be so constructed or installed that will function safely and effectively, and shall be maintained in satisfactory working condition.
(x) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this Chapter to be unreasonably removed from or shut off from or discontinued for any occupied dwelling occupied by him/her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is approved by the Director of Public Health.
(y) Chimneys and flues shall be maintained so as to be structurally sound and to prevent leakage of gases into the structure. Such maintenance shall consist of clearing flue stoppages, sealing open joints, repairing masonry where necessary, and other suitable means.
(z) Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. Such maintenance shall consist of removing and replacing loose or defective sections.
(aa) Exterior walls and wall components shall be maintained so as to prevent deteriorations due to the elements and destructive insects. Such maintenance shall consist of painting, installation, or repair of walls, copings, and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil, or other suitable means.
(bb) Fuel gas piping systems shall be installed and maintained so as to remain gas-tight, safe, and operative under conditions of use. Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto.
(cc) Gas piping systems shall have at least one accessible means for shutting off all gas supply and such means shall be maintained in good operating condition. An easily accessible shutoff valve or cock shall be provided in piping in close proximity to, and ahead of, every outlet for gas appliances.
(dd) Gas services, gas meters, and gas pressure regulators shall be located so that they are protected from damage.
(ee) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in building. Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil. Where two or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment. Containers shall be designed, stored, and located so as not to be a hazard to the premises served, or to the surrounding property. Systems shall be provided with safety devices to relieve excessive pressures, and shall be arranged to that the discharge terminates at a safe location. Systems shall have at least one accessible means for shutting off the gas. Such means shall be in good operating condition.
(ff) Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance, and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature.
(gg) Any mobile home used as a dwelling unit, whether located on an individual lot or in a mobile home park, shall be equipped with a solid foundation or skirting completely enclosing the bottom of the mobile home so that trash and other combustible materials cannot accumulate underneath the mobile home.
(hh) Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (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.
(ii) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping by more than one occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof.
(jj) 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 the occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can only be had by going through another sleeping room or a bathroom or water closet compartment.
(kk) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet and the floor area of the part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(ll) No cellar space shall be used as a habitable room or dwelling unit.
(mm) No basement space shall be used as a habitable room or dwelling unit, unless:
1. The floor and walls are impervious to leakage or underground and surface run-off water and are insulated against dampness; and
2. The total of window area in each room is equal to at least the minimum window area sizes; and
3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and
4. The total of openable window area in each room is equal to at least the minimum as required under Sub-section (k) hereof, except where there is supplied some other device affording adequate ventilation and approved by the Director of Public Health.
6 TCC 4-9. Smoke Detectors
(a) Every dwelling unit shall be equipped with at least one approved smoke detector in an operating condition within 15 feet of every room used for sleeping purposes. The detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6 inches from the ceiling.
(b) Every single family residence shall have at least one approved smoke detector installed on every story of the dwelling unit, including basements but not including unoccupied attics. In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level if the lower level is less than one full story below the upper level; however, if there is an intervening door between the adjacent levels, a smoke detector shall be installed on each level.
(c) Every structure which (1) contains more than one dwelling unit, or (2) contains at least one dwelling unit and is a mixed‑use structure, shall contain at least one approved smoke detector at the uppermost ceiling of each interior stairwell. The detector shall be installed on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a structure to supply and install all required detectors. The owner shall be responsible for making reasonable efforts to test and maintain detectors in common stairwells and hallways. It shall be the responsibility of a tenant to test and to provide general maintenance for the detectors within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct. The owner shall be responsible for providing one tenant per dwelling unit with written information regarding detector testing and maintenance.
The tenant shall be responsible for replacement of any required batteries in the smoke detectors in the tenant's dwelling unit, except that the owner shall ensure that such batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which have been reported in writing to the owner or the authorized agent of the owner.
(e) The requirements of this Section shall apply to any dwelling unit in existence on July 1, 1988, beginning on that date. Except as provided in subsection (f), the smoke detectors required in such dwelling units may be either battery powered or wired into the structure's AC power line, and need not be interconnected.
(f) In the case of any dwelling unit that is newly constructed, reconstructed, or substantially remodeled after December 31, 1987, the requirements of this Section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodeling. The smoke detectors required in such dwelling unit shall be permanently wired into the structure's AC power line, and if more than one detector is required to be installed within the dwelling unit, the detectors shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit.
6 TCC 4-10. Carbon Monoxide Alarms
(a) Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. The carbon monoxide alarm may be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the administrative code, reference standards, and Illinois State Fire Marshall’s departmental rules relating to both smoke detecting devices and carbon monoxide alarms and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard.
(b) Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.
(c) It is the responsibility of the owner of a structure to supply and install all required alarms. It is the responsibility of a tenant to test and to provide general maintenance for the alarms within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies that the tenant cannot correct. The owner is responsible for providing one tenant per dwelling unit with written information regarding alarm testing and maintenance.
The tenant is responsible for replacement of any required batteries in the carbon monoxide alarms in the tenant's dwelling unit, except that the owner shall ensure that the batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the carbon monoxide alarm that have been reported in writing to the owner or the authorized agent of the owner.
(d) The carbon monoxide alarms required may be either battery powered, plug‑in with battery back‑up, or wired into the structure's AC power line with secondary battery back‑up.
(e) Exemptions. The following residential units shall not require carbon monoxide detectors:
(1) A residential unit in a building that: (i) does not rely on combustion of fossil fuel for heat, ventilation, or hot water; (ii) is not connected in any way to a garage; and (iii) is not sufficiently close to any ventilated source of carbon monoxide, as determined by the local building commissioner, to receive carbon monoxide from that source.
(2) A residential unit that is not sufficiently close to any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source, as determined by the local building commissioner.
6 TCC 4-11. Responsibilities of Owners.
(a) 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.
(b) Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof, which he occupies and controls.
(c) 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 containers required by Sub-section Sec. 6-4-7 (f) hereof.
(d) 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 containers required by Sub-section 6-4-7 (g) hereof. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. Removal of the garbage from the premises shall be in an acceptable manner to the Director of Public Health. In dwelling units numbering more than four (4) this shall be the responsibility of the owner. In other units, it shall be the responsibility of the occupant.
(e) 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 provisions of this Chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.
(f) 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 one infested. Notwithstanding the foregoing provisions of this Section, whenever infestation 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. Wherever the 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 dwelling units, extermination thereof shall be the responsibility of the owner.
(g) Every occupant of a dwelling unit shall keep all plumbing fixtures therein a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
6 TCC 4-12. Administration and Enforcement.
(a) The Director of Public Health is hereby designated the administrative and enforcing officer. He is authorized and directed to make inspections to determine the condition of the dwellings, dwelling units, rooming units, and premises located within the County 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 inspection, the Director of Public Health is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit or the person in charge thereof shall give the Director of Public Health 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 dwelling or dwelling unit 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 alterations as are necessary to effect compliance with the provisions of this Chapter, or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Chapter.
(b) Wherever the Director of Public Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or any rules or regulations adopted pursuant thereof, he shall give notice of such alleged violation to the person or persons responsible thereof, as hereinafter provided. Such notice shall:
1. Be put in writing;
2. Include a statement of the reasons why it is being issued;
3. Allow a reasonable time for the performance of any act it requires;
4. Be served upon the owner or his agent, or the occupant, at 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 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 laws of this State. 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) Whenever the Director of Public Health 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 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. Any person to whom such order is directed shall comply therewith immediately but upon petition to the Director of Public Health shall afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Director of Public Health shall continue such order in effect, or modify it, or revoke it.
(d) The Board of Health is hereby authorized to make, adopt, revise, and amend reasonable rules and regulations, as it deems necessary for the carrying out of the purpose of this Chapter.
6 TCC 4-13. Penalties.
Any person willfully violating an order of the Director of Public Health, after having such order being finalized by proper notice and hearing, and any person otherwise violating any provision of this Chapter, shall be guilty of a Petty Offense and shall be fined a maximum of one thousand dollars ($1000.00) for each day of said violation.
6 TCC 4-14. Designation of Unfit Dwellings and Legal Procedure of Condemnation.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation placarding of such unfit dwellings 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 Director of Public Health:
1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health and safety of the occupants or of the public; if the cost of repair is greater than the value of the property when so repaired;
2. One which lacks illumination, heating, ventilation, or sanitation facilities adequate to protect the health and safety of the occupants or of the public; if the cost of repair is greater than the value of the property when so repaired.
(b) Any dwelling or dwelling unit condemned as unfit for human habitation, so designated and placarded by the Director of Public Health, shall be vacated within a reasonable time as ordered by the Director of Public Health.
(c) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placarding is removed by, the Director of Public Health. The Director of Public Health shall remove such placarding whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(d) 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 Sub-section (c) hereof.
This Ordinance shall be in full force and effective immediately from and after the date of its adoption.