HomeMy WebLinkAboutOrdinance Establising Minumum Standards for Habitable Buildings and PremisesORDINANCE No. 4268 -59
Passed by the Common Council of the City of South Bend,
July 13, 1959
Presented by me to the Mayor of the City of South Bend,
1959
Clerk
of Common Council
�` City Clerk
Approved and signed by me July 1 1959 193—
Q
—Mayor
-413P7
JUN 19 '59 pin
FILED
CITY OF SOUTH BEND
FRECA & NOBLE, CLERK
ORDINANCE NO.
AN ORDINANCE ESTABLISHING
MINIMUM STANDARDS FOR
HABITABLE BUILDINGS AND
PREMISES FOR THE CITY OF
SOUTH BEND, INDIANA
WHEREAS there are or may be in the future dwelling
structures or premises which are so dilapidated, unsafe, dangerous,
unhygienic or unsanitary as to constitute a menace to the health, safety,
or morals of the people of this city:
NOVI, THEREFORE, BE IT ORDAINED by the Common
Council of the City of South Bend, Indiana, as follows:
Section 1. The following definitions shall apply
in the interpretation and enforcement of this ordinance:
a. BASEMENT - shall mean a portion of a building located partly
underground, but having less than half its clear .
floor -to- ceiling height below the average grade
of the adjoining ground.
b. CELLAR - shall mean a portion of a building located partly or
wholly underground, and having half or more than
half of its clear floor -to- ceiling height below the
average grade of the adjoining ground.
c. DWELLING - shall mean any building which is wholly or partly
used or intended to be used for living or sleeping
by human occupants; provided that temporary
housing as hereinafter defined shall not be regarded
as a dwelling.
d. DWELLING UNIT - shall mean any room or group of rooms
located within a dwelling and forming a single
habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking
and eating.
3. EXTERMINATION - shall mean the control and elimination of
- insects, rodents, or other pests by eliminating their
harborage places; by removing or making inaccess-
ible 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 health officer.
f. GARBAGE - shall mean the animal and vegetable waste result-
ing from handling, preparation, cooking and
consumption of food.
g. HABITABLE ROOM - shall mean a room or enclosed floor space
used or intended to be used for living, sleeping,
cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries,
foyers, or communicating corridors, closets and
storage spaces.
h. HEALTH OFFICER OR DIRECTOR OF PUBLIC HEALTH - shall
mean the legally designated health authority of the
City of South Bend, Indiana, or his authorized
representative.
i. BUILDING COMMISSIONER: The Commissioner shall mean the
commissioner of buildings of the City of South Bend,
Indiana, or his authorized representative.
j. INFESTATION - shall mean the presence, within or around a dwell-
ing, of any insects, rodents or other pests.
k. MULTIPLE DWELLING - shall mean any dwelling containing more
than two dwelling units.
1. OCCUPANT - shall mean any person living, sleeping, cooking, or
eating in, or having actual possession of a dwelling
unit or rooming unit.
m. OPERATOR - shall mean any person who has charge, care, or
control of a building, or part thereof, in which
dwelling units or rooming units are let.
n. ORDINARY MINIMUM WINTER CONDITIONS - shall mean the
temperature 150 F. above the lowert recorded
temperature for the previous 10 year period.
o. OWNER - shall mean any person who, alone or jointly or
severally with others: (a) shall have legal title
to any dwelling or dwelling unit, with or without
accompanying actual possession thereof; or (b)
shall have charge, care, or control of any dwelling
or dwelling unit, as owner or agent of the owner,
as land contract buyer, or as executor, executrix,
administrator, administratrix, trustee, or guardian
of the estate of the owner. Any such person thus
representing the actual owner shall be bound to
comply with the provisions of this ordinance, and
of rules and regulations adopted pursuant thereto,
to the same extent as if he were the owner.
p. PERSON - shall mean and include any individual, firm,
corporation, association, or partnership.
q. PLUMBING - shall mean and include all of the following supplied
facilities and equipment: gas pipes, gas burning
equipment, water pipes, garbage disposal units,
waste' pipes, water closets, sinks, installed dish-
washers, lavatories, bath -tubs, shower baths,
installed clothes- washing machines, catch basins,
drains, vents, and any other similar supplied
fixtures, together with all connections to water,
sewer, or gas lines.
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r. ROOMING UNIT - shall mean any room or group of rooms form-
ing a single habitable unit used or intended to be
used for living and sleeping, but not for cooking or
eating purposes.
s. ROOMING HOUSE - shall mean any dwelling, or that part of any
dwelling containing one or more rooming units
in which space is let, for a valuable consideration,
by the owner or operator to five or more persons
who are not husband or wife, son or daughter,
mother or father, or sister or brother of the
owner or operator.
t. RUBBISH - shall mean combustible and 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, tin cans,
metals, mineral matter, glass crockery, and
dust.
u. SUPPLIES - shall mean paid for, furnished, or provided by
or under the control of the owner or operator.
v. TEMPORARY HOUSING . shall mean any tent, trailer, or
other structure used for human shelter which is
designed to be transportable and which is not
attached to the ground, to another structure, or
to any utilities system on the same premises
for more than 30 consecutive days.
w. PREMISES - shall mean all areas including but not limited to
yards, outbuildings and courts.
x. MEANING OF CERTAIN WORDS - Whenever the words "dwelling ",
"dwelling unit ", "rooming house ", "rooming unit ",
"premises ", are used in this ordinance, they
shall be construed as though they were followed
by the words "or any part thereof ".
Section 2. The building commissioner is hereby
directed to make inspections dilligently to determine the condition of
dwellings, dwelling units, buildings used as dwellings, and premises
located within the City of South Bend, in order that he may perform
his duty of safeguarding the safety and health of the occupants of
dwellings and of the general public. For the purpose of making such
inspections, the building commissioner shall conform to all applicable
state laws regarding right -of- entry.
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Section 3. Whenever the building commissioner
determines that there are reasonable grounds to believe that there has
been a violation of any provision of this ordinance which affects the
safety of any such occupants or the safety of the general public, or
that there has been a violation of any such provisions which affects
the health of the occupants of any dwelling, dwelling unit, rooming
unit, building used as a dwelling or premises, (or whenever a petition
is filed with the building commissioner by at least twenty residents
of the city, charging that any dwelling, dwelling unit, rooming unit,
building used as a dwelling or premises is unfit for human habitation .
or is dangerous to the general public), then the building commissioner
shall give notice of such violation found to exist to the person or
persons responsible therefor, and to any known agent of such person
as hereinafter provided. Such notice shall:
a. Be put in writing.
b. Include a statement of the reasons why it
is being issued.
c. Allow 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, and 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.
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e. Contain an outline of remedial action which,
if taken, will effect compliance with the
provisions of this ordinance.
Section 4. If any person should fail to comply
with any such written order of the building commissioner, such com-
missioner shall thereupon make written report of his action to the
Board of Public Safety of such city, whereupon it shall be the duty
of such board to take such action as may be necessary according to
applicable state laws.
Section 5. If, after such hearing, the Board
determines that the dwelling or building under consideration is
dangerous or unfit for human habitation, then the building commissioner
shall, within ten days, issue and shall cause to be served upon the
owner of said building or dwelling an order, ordering him either to
restore the said building or dwelling to a state of satisfactory
repair within a reasonable time or to demolish the said building
within 30 days, as such Board may direct.
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(a) if the owner of a building or dwelling fails to comply
with the order to repair, alter, or improve, or to vacate and close the
building or dwelling, the building commissioner shall cause to be posted
on the main entrance to any building or dwelling so closed a placard
stating in substance: "This building is dangerous and unfit for human
habitation. The use Jr occupation of this building for human habitation,
or any other purpose, is prohibited and unlawful ".
(b) If the owner fails to comply with an order to remove
or demolish the binding, the building commissioner may cause such build-
ing to be removed or demolished, provided, however, that the duties of
the building commissioner, as previously set forth, shall not be exercised
until the 2,aerd of Public Works and Safety has ordered the building com-
missioner to proceed to effectuate the purposes of this ordinance with
respect to the particular property or properties which the building com-
missioner shall have found to be unfit for human habitation or dangerous,
and which property or properties shall be described in the order.
(c) The cost of such repairs, alterations, or improve-
ments or vacating and closing, or removal by the building commissioner
shall be a lien against the real property and all materials thereto attached
upon which such costs were incurred. Such costs shall be placed upon
the city's tax books as a lien against the said property and may be fore-
closed in any such manner as the city may determine. If a building or
dwelling is removed or demolished by the building commissioner, whenever
any order requiring such action has become final and within seventy -two
(72) hours thereafter, any owners or others having an interest in any such
building or dwelling, shall have the prior right and may elect in writing
eith. r to retain all or any of the materials salvaged from such work by
paying the cost Qf all liens thereon; or may elect to have all or any part
thereof removed by the city and either sold with the amount received thereto
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to be credited on the cost of such work or used in connection with the work
required by such order.
Upon failure of the owner to exercise such option, the building
commissioner shall dispose of all materials salvaged from such removal
or jemolition either by selling such materials, and crdditing the proceeds
of such sale against the cost of removal or demolition, and any balance
remaining over and above the cost of demolition or removal shall be de-
posited in a continuing fund established by the City for such purposes,
in accordance with all State laws pertaining thereto, and such remaining
balance shall be paid to the owner from such fund in the same manner as
any payment may be made by the City of South Bend, in accordance with
all laws pertaining to such payments; or the Building Commissioner may
elect to leave such salvaged materials on tkn premises for disposal by
the owner.
(d) Faiiure wa the part of any owner or party in interest
to receive or have served upon him any complaint, notice, or order herein
provided for, shall not affect or invalidate the proceedings with respect
to any other owner or party in interest or any other person, firm or
corporation.
(e) Whenever the building commissioner finds that an
emergency exists which requires immediate action to protect the public
health or safety, he may, without notice or hearing, issue an order citing
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 ordinance, such order shall be effected immediately.
Any person to whom such an order is directed shall comply therewith
immediately, but upon petition to the Board of Public Works and Safety,
shall I)e given a hearing as soon as possible in the manner provided in
Section 4 of this ordinance. After such hearing, depending upon the finding
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as to whether the provisions of this ordinance have been complied with,
the Board shall continue such order or modify it or revoke it.
(f) Any person or corporation who may be aggrieved by
the action of the Board of Public Safety in affirming an order of the
building commissioner shall have the right to appeal to the Circuit or
Superior Court in the county in which said city is located from such
action of said board in accordance with all state laws pertaining thereto.
Section 6. No person shall occupy as owner - occupant
or let to another for occupancy any dwelling or dwelling unit for the purpose
of living, sleeping, cooking, or eating therein, which does not comply
with the following requirements:
(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 building commissioner.
(b) Every dwelling unit (except as otherwise permitted
under the subsection "d" of this section) shall contain a room which affords
privacy to a person within said room and which is equipped with a flush
water closet and a lavatory basin in good working condition and properly
connected to a water and sewer system approved by the building commis-
sioner.
(c) Every dwelling unit (except as otherwise permitted
under subsection "DU of this section) shall contain, within a room which
affords privacy to a person within said room, a bathtub or shower in good
working condition and properly connected to a water and sewer system
approved by the bolding commissioner.
(d) The occupants of not more than two dwelling traits
may share a single flush water closet, a single lavatory basin, and a
single bathtub or shower if:
(1) Neither of the two dwelling units contains
more than two rooms; provided that,
Mom
for the purpose of this subsection, a kitchenette or
an efficiency kitchen with not more than 60 square
feet of floor area shall not be counted as a room;
and that
(2) The habitable area of each of such dwelling units
shall equal not more than 250 square feet of floor
area, and that
(3) Such water closet, lavatory, basin, and bathtub or
shower shall be in good working condition and prop-
erly connected to a water and sewer system approved
by the building commissioner.
(e) Every kitchen sink, lavatory basin, and bathtub or shower
required under the provisions of subsection a, b, c and d of this section
shall be properly connected with both hot and cold water lines.
EXCEPTION: Owner- occupied single - family dwellings,
only, need not be provided with water heating facilities.
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(f) Every dwelling unit shall, be .supplied with
adequate rubbish storage facilities, the type and location of which
are approved by the building commissioner,
(g) Every dwelling unit shall have adequate
garbage disposal facilities or garbage storage contaihersi type and
location of which are approved by the building commissioner.
(h) Every dwelling shall have supplied water
heating facilities which are properly installed, are maintained in
safe and good working condition, are properly connected withhot water
lines required under the provision of subsection "e" of this section,
and are capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at a required kitchen sink,
lavatory, basin, bathtub or shower at a temperature of not less than
1200 F. Such supplied water heating facilities shall be capable of
meeting the requirements of this subsection when the dwelling or
dwelling unit heating facilities required under the provisions of
subsection "e" of Section #7 are not in operation. The exception
provided under Section 6 (e) shall also apply to the requirements of
this section.
(i) Every dwelling unit shall have, safe, unob-
structed means of egress leading to safe and open space at ground
level, as required by the laws of this state and the City of South Bend,
Indiana.
Section 7. 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:
(a) Every habitable room shall have at least one
window or skylight directly facing the outdoors. The minimum total
window area, measured between stops, for every habitable room shall
be 10 per cent of the floor area of such room. Whenever walls or
other portions of structures face a window of any such room and such
light- obstructing structures are located less than 3 feet from the window
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and extended 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 15 per cent of the total floor area of such room.
(b) Every habitable room shall have at least one window
or skylight which can easily be opened, or such other device as will
adequately ventilate the room. The total of openable window area in
every habitable room shall be equal to at least 45 per cent of the minimum
window area size or minimum skylight -type window size, as required in
subsection "a ".of this section, except where there is supplied some
other device affording adequate ventilation and- approved by the building
commissioner.
(c) Every bathroom and water closet compartment shall
comply with the light and ventilation requirements for habitable rooms
contained in subsections "a" and "b" of this section, 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 is approved by the building commiss-
ioner.
(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 and fixture shall be properly
installed, shall be maintained in good and safe working condition, and
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i
shall be connected to the source of electric power in a safe manner.
(e) Every dwelling shall have heating facilities which
are properly installed, are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable rooms,
except those used for sleeping purposes exclusively, bathrooms, and
water closet compartments in every dwelling unit located therein to a
temperature of at least 700 F., at a distance three feet above floor
level, under zero weather conditions.
(f) Every public hall and stairway in every multiple
dwelling containing five 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 dwelling
units may be supplied with conveniently located light switches, control-
ling an adequate lighting system which may be turned on when needed,
instead of full -time lighting.
(g) During that portion of each year from April 1st to
October 1st, for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall
have supplied screens with metal or plastic screen wire of not less
than 16 meshes to the square inch, 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 such screens,
provided that such screens shall not be required during such period in
rooms deemed by the health officer or building commissioner to be
located high enough in upper stories of buildings as to be free from such
insects.
(h) 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 such a screen
or such other device as will effectively prevent their entrance.
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Section C No person shall dceupy 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:
(a) Every foundation, floor, wall, ceiling and roof
shall be reasonably weathertight, watertight, and rodent proof; shall be
capable for affording privacy; shall be kept in good repair, be capable
of safely supporting all design and imposed loads.
(b) Every window, exterior door and basement hatch-
way shall be reasonably weathertight, watertight, and rodent proof,
and shall be kept in sound working condition and good repair.
(c) 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 condition and good
repair.
(d) 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.
(e) 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.
(f) Every supplied facility, piece of equipment or
utility which is required under this ordinance shall be so constructed
or installed that it will function safely and effectively, and shall be main-
tained in satisfactory working condition.
(g) No owner, operator, or occupant shall cause any
service, facility, equipment or utility which is required under this
ordinance to be removed from or shut off from or discontinued for
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any occupied dwelling let or occupied by him, 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 health officer or building commissioner.
(h) No owner shall occupy or let to any other
occupant any vacant dwelling unit unless it is clean, sanitary and fit
for human occupancy.
(i) All courts, yards, or other areas on the premises
outside of every dwelling shall be drained so as to prevent the accumula-
tion of surface water, and shall be kept free from rubbish, garbage or
other matter deleterious to health or constituting a fire hazard, and
from rodent infestation.
(j) The building commissioner shall determine that
a dwelling is unfit for human habitation or a building is dangerous if
he finds that interior walls or other vertical structural members
which list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside the middle third of its base;
supporting member or members which show 33 per cent or more of
damage or deterioration or non - supporting enclosing or outside walls
or covering which shows 50 per cent or more of damage or deteri-
oration; floors or roofs which have improperly distributed loads,
which are so '-damaged by fire, wind or other causes as endangers the
lives, safety or welfare of the occupants or other people in the city.
Section 9. 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:
(a) Every dwelling unit shall contain at least 150
square feet of floor space for the first two occupants thereof and at
least 80 additional square feet of floor space for every additional foot
of floor space for every additional). occupant thereof, the floor space to
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be calculated on the basis of total habitable room area.
(b) In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by two occupants 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 35 square
feet of floor space for each occupant thereof.
(c) No dwelling unit in a dwelling containing 2 or more
dwelling units, which said dwelling unit contains 2 or more bedrooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment.
(d) At least one -half of the floor area of every habi-
table room shall have a ceiling height of at least 7 feet; 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 pnrpose of determining the maximum per-
missible occupancy thereof.
or dwelling unit.
(e) No cellar space shall be used as a habitable room
(f) No basement space shall be used as a habitable
room or dwelling unit unless:
(1) The floor and walls are impervious to leakage
of underground and-.surface runoff water and
are insulated against dampness.
(2) The total of window area in each room is equal
to at least the minimum window area size
a.c required in subsection "a" of Section 7.
(3) Such required minimum window area is located
entirely above the grade oft1ne ground adjoining
such window area.
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(4) The total of openable window area in each room
is equal to at least the minimum as required
under subsection "b" of Section 7, except where
there is supplied some other device affording
adequate ventilation and approved by the build-
ing commissioner.
(5) The central heating plant of the dwelling in
which such habitable room is located is
separated from such habitable room by a
one -hour fire resistive material.
Section 10. Every owner of a dwelling containing
three 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.
Section 11. Every occupant of a dwelling or dwelling
unit shall keep in a clean and sanitary condition that part of the dwell-
ing, dwelling unit and premises thereof which he occupies and controls.
Section 12. 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 subsection "f"
of Section 6.
Section 13. 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 con-
tainers required by subsection "g" of Section 6. It shall be the respon-
sibility of the owner to supply such facilities or containers for all dwell-
ing units in a dwelling containing more than four dwelling units and
for all dwelling units located on premises where more than four dwelling
units share the same premises. In all other cases it shall be the
responsibility of the occupant to furnish such facilities or containers.
Section 14. 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
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of this ordinance or of any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service.
Section 15. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of any
insects, rodents, or oth -r pests therein or on the premises; and every
occupant of a dwelling unit in a dwelling containing more than one dwell-
ing unit shall be responsible for such extermination whenever his
dwelling unit is the only one infected. Notwithstanding the foregoing
provisions of this subsection, whenever infestation exists in two or
more of the dwelling units in any dwelling, or in the shared or public
parts of any dwelling containing two or more dwelling units, extermin-
ation thereof shall be the responsibility of the owner.
Section 16. Every occupant of a dwelling unit shall
keep all plumbing fixtures therein in a clean and sanitary condition
and shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
Section 17. No person shall operate a rooming house,
or shall occupy or let to another for occupancy any room unit in any
rooming house, except in compliance with the provisions of every section
of this ordinance except the provisions of Section 6 and with such
other sections which by their terms do not apply.
Section 18. No person shall operate a rooming house
unless he holds a valid rooming house permit issued by the City Controller
in the name of the operator and for the specific dwelling or dwelling
unit. The operator shall apply to the City Controller for such permit,
which shall be issued by the said Controller upon compliance by the
operator with the applicable provisions of this ordinance and of any rules
and regulations adopted pursuant thereto, and upon the payment to
the City of South Bend of a fee of $10.00 by said operator. This
permit shall be displayed in a conspicuous place within the rooming
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house at all times. No such permit shall be transferable. Every
person holding such a permit shall give notice in writing to the City
Controller within 10 days after having sold, transferred, given away,
or otherwise disposed of ownership of, interest in, or control of any
rooming house. Such notice shall include the name and address of the
person succeeding to the ownership or control of such rooming house.
Every rooming house permit shall expire on December 31 of each year
following its date of issuance, unless sooner suspended or revoked as
hereinafter provided.
Section 19. Any person whose application for a permit
to operate a rooming house has been denied may request and shall be
granted a hearing on the matter before the Board of Public Works
and Safety, under the procedure provided by this ordinance.
Section 20. Whenever upon inspection of any room-
ing house the building commissioner finds that conditions or prac-
tices exist which are in violation of any provision of this ordinance
or of any rule or regulation adopted pursuant thereto, he shall give
notice in writing to the operator of such rooming house that unless
such conditions or practices are corrected within a reasonable
period, to be determined by the building commissioner, the operator's
rooming house permit will be suspended. At the end of such period
the building commissioner shall reinspect such rooming house,
and if he finds that such conditions or practices have not been cor-
rected, he shall give notice in writing to the operator that the latter's
permit 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.
Section 21. Any person whose permit to operate a
rooming house has been suspended, or who has received notice
from the building commissioner that his permit is to be suspended
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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 Public Works and Safety, under the procedure
provided by this ordinance; provided that if no petition for such hear-
ing is filed within 72 hours following the day on which such permit was
suspended, such permit shall be deemed to have been automatically
revoked.
Section 22. At least one flush water closet, lavatory
basin, and bathtub or shower, properly connected to a water and
sewer system approved by the building commissioner 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 the said facil-
ities; provided that in a rooming house where rooms are let only
to males, flush urinals may be substituted for not more than one -half
the required numb.�r of water closets. All such facilities shall be
so located within the ci <.ieiling as to be reasonably accessible from a
comrmm Tali or pas sagcway to al'. 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 base-
ment except by written approval of the building commissioner.
S^.ction 23. The operator of every rooming house
who supplies linens shall change supplied bed linen and towels therein
at least once each 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 and sanitary manner.
Section 24. Every room occupied for sleeping pur-
poses 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 40 square feet of floor space for each
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occupant thereof.
Section 25. 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 the City of
South Bend, Indiana.
Section 26. 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 condition in every
other part of the rooming house; and he shall be further responsible
for the sanitary maintenance of the entire premises where the entire
structure or building is leased or occupied by the operator.
Section 27. Every provision of this ordinance which
applies to rooming houses shall also apply to 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.
Section 28. Any person, firm or corporation violating
any of the provisions of this ordinance shall be subject upon conviction
thereof by a court having jurisdiction to a fine of not more than five hundred
dollars ($500.00) for each offense. Each day during which said violation
continues shall constitute a separate offense.
Section 29. In case any dwelling or dwelling unit or
part thereof is used, occupied or maintained in violation of this ordinance
the building commissioner, in addition to the remedies herein otherwise
provided for, may institute any appropriate action or proceeding to pre-
vent, restrain, correct or abate such unlawful use, maintenance or occu-
pancy, or to prevent any act or correct any condition that is contrary to
or illegal under this ordinance.
Section 30.If any provision, section or part of a
section of this ordinance shall be declared to be unconstitutional or
invalid, such partial invalidity shall not be construed to affect the
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validity of the remainder of the ordinance, and all other provisions
thereof shall remain valid and enforceable.
Section 31. Nothing herein contained shall be deemed
to reduce, limit or remove any of the power or authority of the board
Of health, the director of the board of health, the chief of the fire
department, or the building commissioner. This ordinance shall
be construed to be supplementary to all other pertinent ordinances now
in effect unless the provisions of such other ordinance or ordinances
are directly in conflict herewith or less stringent than similar pro-
visions of this ordinance.
Section 32. This ordinance supersedes Ordinance
#3989 which is hereby repealed in its entirety.
Section 33. This ordinance shall be in full force and
effect from and after its passage, its approval by the mayor and its
publication as required by law.
PASSED by the Common Council of the City of
South Bend, Indiana, on this ,! day of
Vi e-e
and on said day signed by the president of the ommon Council and
attested by the city clerk.
ATTEST:
City Clerk
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&ni
V j r C President
Presented by me, the undersigned, City Clerk of
the City of South Bend, Indiana, to the mayor of said City, this
day of at r c�� O'clock
1�
M., for his consideration and action thereon.
&zv, � , by V' e
City Clerk
Having examined the foregoing ordinance, I do now,
as Mayor of the City of South Bend, Indiana, approve said ordinance
and return the same to the clerk, this day of
, at o'clock M.
Mayor of the City of
South Bend, Indiana
lot'& 2nd READING
WWfTTEE DF THE 11WM
PUBLIC HEARING -7/ APPROVED BY
3rd READWO 7//,3 5 %
NOT ArPROVED
REFE'ASFED ................................................ ........................18.....
PassED % i�J /sr