Subject: 9808/City Code/Ch.21/Housing Code Date: Thu, 17 May 1990 11:50:00 -0500 ORDINANCE NO. 9808 AN ORDINANCE AMENDING THE CHATTANOOGA CITY CODE, PART II, SECTIONS 21-1 THROUGH 21-72, RELATIVE TO THE MINIMUM HOUSING STANDARDS CONTAINED WITHIN ARTICLE I THEREOF AND RENUMBERING ARTICLES II AND III THEREOF TO REVISE THE HOUSING PROVISIONS OF CHAPTER 21. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Chattanooga City Code, Part II, Sections 21-1 through 21-40, Article I, be and are hereby amended by deleting said sections in their entirety and substituting the following in lieu thereof: ARTICLE I. IN GENERAL Sec. 21-1. Scope. This Code is to protect the public health, safety and welfare defining minimum housing standards which shall be maintained in all existing structures, residential and nonresidential, and on all existing premises. Sec. 21-2. Effect of Provisions on Other Ordinances, Power of City. Nothing in this Article shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to their removal or abatement by summary procedures or otherwise. The measures and procedures provided in this Article do not supersede and the Article does not repeal any other measures or procedures which are provided by this Code for the elimination, repair or correction of the conditions referred to in this Article, but the measures and procedure herein provided for shall be in addition to all other powers and authority of the City or inspector. 0C Sec. 21-3. General. Any requirement not specifically covered by this Code, found necessary for the safety, health and general welfare of the occupants of any dwelling, shall be determined by the Code Official subject to appeal to the Better Housing Commission. Sec. 21-4. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Accessory Structure means all structures including detached garages, storage buildings, fences and walls and other similar type structures. Alter or Alteration means change or modification in construction or occupancy. Approved shall mean approved by the building official. Basement shall mean a portion of a building located partly underground but having less than one-half (1/2) or more of its clear floor-to-ceiling height below the average grade of the adjoining ground. Building shall mean any structure or part thereof not a dwelling as defined in this Section. Building Code shall mean the building code officially adopted by the legislative body of this jurisdiction, or such other code as may be officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures. Building Official shall mean the officer, or other person, charged with the administration and enforcement of Municipal Building Codes or his duly authorized representative. Cellar shall mean a portion of a building located partly or wholly underground, having one-half (1/2) or more of its clear floor-to-ceiling height below the average grade of the adjoining ground. Code Official shall mean the official who is charged with the administration and enforcement of this code or any duly designated representative. (Better Housing Administrator) Condemn shall mean to adjudge unfit for use or occupancy. Dwelling shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and including any outhouse and appurtenances belonging thereto or usually enjoyed therewith. 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 or eating. Extermination shall mean the control and extermination of insects, rodents, or other pests, 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. Family shall mean one (1) or more persons living together whether related by blood, marriage or adoption, and having common housekeeping facilities. Floor area shall mean the total area of all habitable space in a building or structure. Garbage shall mean the animal and vegetable waste resulting from handling, preparation, cooking and consumption of food. 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. Housing Commission shall mean the Better Housing Commission appointed to hear and determine questions of fact determined after a hearing. Infestation shall mean the presence within a dwelling of insects, rodents or other pests. Inspector shall mean the housing inspector of the city. Multiple Dwelling shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in such building, and shall include flats and apartments. Nuisance - the following shall be defined as nuisances: 1. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles, any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by the health officer. 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. Occupant shall mean any person over one (1) year of age living sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit. Openable Area shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Owner shall mean any person, agent, operator, firm, or corporation having a legal or equitable interest in the property, or recorded in the official record of the state, county or municipality as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. 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. Parties in Interest shall mean all individuals, associations and corporations who have an interest of record in a dwelling or building or who are in possession thereof. Plumbing shall mean the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure or conveyance. Also, the practice and materials used in the installation, maintenance, extension or alteration of storm water, liquid waste, or sewerage and water supply systems, or any premises to their connection with any point of public disposal or other acceptable terminal. Premises shall mean a lot, plot or parcel of land including the buildings or structures thereon. Public Areas shall mean an unoccupied open space adjoining a building and on the same property that is permanently maintained accessible to the fire department and free of all incumbrances that might interfere with its use by the fire department. Public Record shall include deeds, deeds of trust and other instruments of record in the register's office of the county. Repair shall mean the replacement of existing work with an approved material similar to that used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction. Required shall mean required by some provision of this chapter. Rooming House shall mean any dwelling or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or occupant to three (3) or more persons who are not husband and wife, son or daughter, mother or father, sister or brother of the occupant. Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Rubbish shall mean combustible and noncombustible waste materials except for 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, metal mineral matter, glass crockery and dust. Stairway shall mean one (1) or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Structural Alteration shall mean any change except for repair or replacement in the supporting members of a building, such as bearing walls, columns, beams or girders. Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the works "or part thereof". Supplied shall mean paid for, furnished, or provided by or under control of the owner or operator. 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 thirty (30) consecutive days. Ventilation shall mean the process of supplying and removing air by natural or mechanical means to or from any space. Workmanlike shall mean that whenever the words "workmanlike state of maintenance and repair" are used in this Code they shall mean that such maintenance and repair be made in a reasonably skillful manner. Yard shall mean an open unoccupied space on the same lot with a building extending along the entire length or a street, or rear or interior lot line. Sec. 21-5. Better Housing Commission Established. There is hereby created and established a Better Housing Commission. Sec. 21-6. Same - Membership; Terms. The Better Housing Commission shall consist of fifteen (15) persons who are qualified voters of the city, to be appointed by the mayor and confirmed by the City Council. They shall hold office for a term of three (3) years and until their successors are elected. Sec. 21-7. Same - Compensation; Quorum. The members of the Better Housing Commission shall serve without compensation. Seven (7) members shall constitute a quorum for the transaction of business. Sec. 21-8. Same - Meetings; Records. The Better Housing Commission shall meet in the assembly room at the City Hall at least once in each month and at such other times as may be necessary. Special meetings may be called by the Chairman or by five (5) members upon giving notice to all members. They shall keep a record of their proceedings. Sec. 21-9. Authority Relative to Unfit Dangerous Buildings. The Better Housing Commission shall: (1) Upon receipt of a report of City Better Housing inspectors, as provided in Section 21-13(4) of this Code, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in such dwelling or building, as shown by the public records, ordering them to appear before them on the date specified in the notice or show cause why the dwelling or building reported to be unfit for human habitation or a dangerous building should not be repaired or demolished in accordance with the statement of particulars set forth in the inspector's notice provided for in Section 21-13(5) of this Code. If a person notified fails to appear in person or through a representative, the Commissioners shall hear testimony and notify such person of its decision. The Commissioners, through their chairman or vice-chairman, shall have authority to issue subpoenas for witnesses and administer oaths. Any person duly served with a subpoena failing to appear shall be guilty of a misdemeanor and punishable as such. (2) Hold a hearing and hear such testimony as the inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in such building, as shown by the public records, shall offer relative to the dwelling or rooming house being unfit for human habitation or dangerous building. (3) Make written findings of fact from the testimony offered pursuant to subsection (2) of this Section as to whether or not the dwelling or rooming house is unfit for human habitation or the building within the terms and provisions of Section 21-14 of this Code. (4) Issue an order, based upon the findings of fact made pursuant to subsection (3) of this Section, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in such dwelling, rooming house or building, as shown by the public records, to repair or demolish any dwelling or rooming house found to be unfit for human habitation or any building found to be a dangerous building within the terms and provisions of this Article; provided that, any person so notified shall have the privilege of either repairing such dwelling, rooming house or building or may demolish such dwelling, rooming house or building at his own risk to prevent the acquiring of a lien against the land upon which the dwelling, rooming house or building stands by the City, as provided in subsection (5) of this Section. (5) If the owner, occupant, mortgagee, lessee or agent fails to comply with a lawful order provided for in subsection (4) of this Section within ten (10) days, the Better Housing Commissioners shall cause such dwelling or rooming house or building to be repaired or demolished, as the facts may warrant, under the criteria provided in Section 21-15 of this Code. If after proper notice and a hearing in accordance with T.C.A. A713-21-103, the Better Housing Commissioners find that the structure under consideration is unfit for human occupation or use, they shall state in writing their findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (a) If the repair, alteration or improvement of the structure can be made at a reasonable cost which is less than 50% of the value of the structure, the owner shall be required within the time specified in the order, to repair, alter, or improve such structure to render it fit for human occupation or use or to vacate and close the structure as a place of human occupation or use. Prior to reoccupying the premises, the owner shall obtain a certificate of occupancy from the Better Housing Commission. It shall be illegal for any person to reoccupy a structure found unfit for human occupation or use without first obtaining a certificate of occupancy from the Better Housing Commission; or (b) If the repair, alteration or improvement of the structure cannot be made at reasonable cost which is more than 50% of the value of the structure, the owner may be required, within the time specified in the order, to remove or demolish such structure; or (c) That the amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the Better Housing Commission shall, upon the filing of a notice with the Office of the Register of Deeds of the county in which the property lies, be assessed as a municipal lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments and any valid lien, right or interest in such property duly recorded or duly perfected by filing prior to the filing of such notice in accordance with T.C.A. A713-21-103(6). This cost shall be placed upon the tax rolls of the municipality as a lien and shall be added to the property tax bills to be collected at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes; or (d) If the structure is removed or demolished by the Better Housing Commission, it shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Chancery Court by the Better Housing Commission and shall be secured in such manner as may be directed by that Court, and shall be disbursed by that Court to the person found to be entitled thereto by final order of decree of such court; or (e) The proceeds of all demolitions of housing in the City of Chattanooga after collection by the Back Tax Attorney shall be placed in an account which shall be utilized to sustain continuing demolition of substandard housing in the City. (6) Report to the City Attorney the names of all persons not complying with the order provided for in subsection (4) of this Section. Sec. 21-10. Appeals from Orders of Housing Code Officials. Where the literal application of the requirements of this Code would appear to cause undue hardship on an owner or tenant or when it is claimed the true intent and meaning of this Code or any regulations therein have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent may appeal the decision or determination of the Housing Code Official or Housing Inspectors to the Better Housing Commission. Sec. 21-11. Same - Appeals from Orders of Better Housing Commission. The inspector, owner, occupant, mortgagee, lessee and all other persons having an interest in any dwelling, rooming house or building, as shown by the public records, may appeal from any final order of the Better Housing Commission to the Chattanooga City Council by petition filed with the City Council Clerk within ten (10) days after the filing of the final order; provided that, if no petition is filed with the City Council Clerk within ten (10) days, the order of the Better Housing Commissioners shall become final. If there is an appeal, the City Council shall hear the matter de novo. Sec. 21-12. Duties and Powers of Code Official and Inspectors. The Housing Code Official and Housing Inspectors shall enforce all the provisions of this Code except as may otherwise be specifically provided for by other regulations. Sec. 21-13. Duties of Housing Code Official and Housing Code Inspectors. The duties of the Housing Code Official and Housing Code Inspectors shall include the following: (1) All housing inspectors shall have the right, upon showing proper identification, to enter, examine and survey at any reasonable times all dwellings, dwelling units, rooming houses or rooming units located within the City with permission of the owner or an occupant of such structure. (2) If any owner, occupant or other person in charge of a structure subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the administrative authority may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference. The administrative authority may further obtain an order from a court of competent jurisdiction to obtain access to structure where the owner or occupant refuses to allow an inspection of the premises if the administrative authority can establish reasonable suspicion satisfactory to the court for the issuance of an administrative search warrant to gain access to the structure without consent of the owner or occupant. (3) All housing inspectors shall inspect any dwelling, building, rooming house, wall or structure about which complaints are filed by any person to the effect that a dwelling, building, rooming house, wall or structure is, or may be, existing in violation of this article. (4) All housing inspectors shall inspect any dwelling, building, rooming house, wall or structure reported, as provided in this article by the fire or police department, department of health or municipal judge as probably existing in violation of the provisions of this article. (5) The Housing Code Official shall notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such dwelling, building or rooming house found by a housing code inspector to be a dwelling unfit for human habitation or a dangerous building within the standards set forth in this Code that: (a) The owner shall repair or demolish such dwelling, rooming house or building in accordance with the terms of the notice of this article. (b) The occupant or lessee must vacate such dwelling, rooming house or building, or must have it repaired in accordance with the notice and remain in possession. (c) The mortgagee, agent or other person having an interest in such dwelling, rooming house or building, as shown by the public record may, at his own risk, repair or demolish the dwelling, rooming house or building or have such work or act done, provided that any person notified under this subsection to repair or demolish any dwelling, rooming house or building shall commence within a reasonable time, not exceeding thirty (30) days, and complete such work within a reasonable length of time as may be necessary to do, or have done, as required by the notice provided herein. (d) The above time limits may be extended at the discretion of the administrator or his designated appointee. (6) The Housing Code Official and housing inspectors shall set forth in the notice provided for in subsection (5) of this section a description of the dwelling or building or rooming house deemed unsafe, a statement of the particulars which make the dwelling or rooming house unfit for human habitation, or the building a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article. (7) The Housing Code Official shall report to the Better Housing Commissioners any noncompliance with the notice provided for in subsection (5) and (6) of this section. (8) The Housing Code Official and housing inspectors shall appear at hearings conducted by the Better Housing Commissioners or in any court of competent jurisdiction to testify as to the condition of any dwellings or rooming houses unfit for human habitation, and/or dangerous buildings. (9) The Housing Code Official shall direct a notice to be posted on all dwellings or rooming houses unfit for human habitation and/or dangerous buildings which shall contain the following language: "THIS BUILDING HAS BEEN FOUND TO BE UNFIT FOR HUMAN HABITATION AND A DANGEROUS BUILDING BY THE INSPECTOR. THIS NOTICE IS TO REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED OR DEMOLISHED IN ACCORDANCE WITH THE NOTICE WHICH HAS BEEN GIVEN THE OWNER, OCCUPANT, LESSEE, MORTGAGEE OR AGENT OF THIS BUILDING. IT IS UNLAWFUL TO REMOVE THIS NOTICE UNTIL SUCH NOTICE IS COMPLIED WITH." (10) The powers and duties conferred upon housing inspectors by this article shall be in addition and supplemental to the powers conferred upon the inspector by any other ordinance or code provision of the City. Sec. 21-14. Defects Constituting Unfitness or Dangerousness. All dwellings, dwelling units and/or buildings, which have any or all of the following defects shall be deemed unfit for human habitation or shall be deemed dangerous buildings: (1) Those whose walls or other vertical members list, lean or buckle to such an extent that a plumb line suspended from the top edge of such a member shall fall outside of a distance of its base equal to one-third (1/3) the thickness of such member. (2) Those which, exclusive of the foundation, have support members which have deteriorated to such an extent as to be unable to safely support the applied loads or which have forty (40) percent damage or deterioration of the non-supporting enclosing or outside walls or covering. (3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. (4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City. (5) Those which have parts thereof which are so attached that they may fall and injure persons or property. (6) Those which do not have an unobstructed means of egress leading to an open space at ground level. (7) Those which do not have the window area for each habitable room equal to at least eight (8) percent of the total floor area of such room. (8) Those which do not have ventilation provided by windows equal to a minimum of 45% of the openable window area size of each room, except where there is supplied some device affording adequate ventilation and approved by the inspector. (9) Those having habitable rooms with a ceiling height less than seven (7) feet throughout one-half (1/2) of the area of such room. Any portion of a room having a ceiling height less than five (5) feet high shall not be considered in computing the total floor area for such room. (10) Those which do not have an installed kitchen sink in each dwelling unit properly connected to the hot and cold potable water supply pipes and the sewer system. (11) Those which do not have an installed tub or shower and lavatory properly connected to the water pipes and sewer system. (12) Those which do not have a flush-type water closet located in a room affording privacy and properly connected to the water pipes and sewer system. (13) Those which do not have installed electric lighting facilities consisting of at least two (2) separate wall type convenience outlets or one (1) ceiling type fixture and one (1) wall type outlet for every habitable room, to be installed in accordance with the Electrical Code of the City. (14) Those which, where heat is not furnished from a central heating plant, do not have fireproof chimney flues so that heating habitable rooms can be operated. Heating equipment, whether installed by the owner or occupant, must be properly vented and maintained in good order and repair. (15) Those dwellings or buildings or rooming houses existing in violation of any of the building, plumbing or health codes or other ordinances or codes of the City. Sec. 21-15. Unfit, Dangerous Buildings Declared Nuisances; Repair, Demolition. All dwellings or rooming houses unfit for human habitation and/or all dangerous buildings within the terms of Section 21-14 of this Code are hereby declared to be public nuisances and shall be repaired or demolished and debris removed from the site as provided in this Article. The following criteria shall be used by the housing inspectors and the Better Housing Commissioners in ordering repair or demolition. (1) If the dwelling or rooming house unfit for human habitation or dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this Article or other ordinances of the City, it shall be ordered repaired. (2) In any case where a dwelling or rooming house unfit for human habitation or a dangerous building is found by the Better Housing Commission to be fifty percent (50%) damaged or decayed or deteriorated, it shall be demolished. In all cases where it is found by the Better Housing Commission that a dwelling or a building or a rooming house cannot be repaired so that it will no longer exist in violation of the terms of this Article, it shall be demolished. In all cases where it is found by the Better Housing Commission that a dwelling or a dangerous building or rooming house is a fire hazard, existing or erected in violation of the provisions of this Article or any ordinance of the City or statute of the state, it shall be demolished. (3) In all cases of demolition, each structure is to be completely demolished, including footings, basement walls and floors at or below ground level (unless otherwise specified) with all areas below ground level to be completely filled in a manner to insure proper drainage across the filled and unfilled areas. All wells, cisterns, septic tanks and cesspools shall be properly filled to grade with the existing terrain in a manner that will insure proper drainage across same without causing erosion. Vegetation, with the exception of trees (unless otherwise specified) will be cut to a height of no more than three (3) inches and the premises raked clean. Sec. 21-16. Posting Record of Condemnation and Certificate of Occupancy. All structures condemned under this Code shall be registered in the office of the Building Official for the City of Chattanooga. Any owners or interested party desiring to rehabilitate a structure or satisfy the requirements of this provision shall be required to secure a permit from the Building Official for the City of Chattanooga. Upon satisfactory completion of the provisions of this Article a certificate of occupancy shall be issued by the Building Official. A certificate of occupancy is required before renting, leasing or occupying a condemned structure. Sec. 21-17. Renting Buildings Unfit for Habitation Prohibited. It shall be unlawful for any owner or party in interest of a dwelling or of a building to rent or offer for rent any dwelling or building or rooming unit which is unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, and due to other conditions rendering such dwelling or building or rooming unit unsafe or unsanitary or dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the city. A certificate of occupancy shall be obtained from the Building Official of the City of Chattanooga before renting, leasing or occupying any condemned structure. Sec. 21-18. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received compliance order, or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order, or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation for making the corrections or repairs required by such compliance order or notice of violation. Sec. 21-19. Emergency Repair or Demolition. In cases where it reasonably appears there is immediate danger to the life or safety of any person unless a dwelling or rooming house unfit for human habitation or a dangerous building as defined in this article is immediately repaired or demolished, the inspector shall place a condemnation sign in the form prescribed by Section 21-13(9), upon such building, and shall immediately report the facts to the Better Housing Commission and to the Chief Building Official of the City. The Better Housing Commissioners and/or the Chief Building Official of the City shall cause the immediate repair or demolition of such dwelling, rooming house or building. The cost of such emergency demolition by the City of rooming house or building shall be a lien and be collected, charging the cost thereof as a portion of the real estate taxes for the current year. Sec. 21-20. Mailing, Posting of Notices and Orders. In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the City, all notices or orders provided for herein shall be sent by certified mail, return receipt requested to the last known address of any owner, occupant, mortgagee, lessee and all other persons having an interest in the dwelling, rooming house or building, as shown by the public records, to the last known address of each, and a copy of such notice shall also be posted in a conspicuous place on the dwelling, rooming house or building to which it relates. Sec. 21-21. General Cleanliness, Freedom from Infestation. It shall be the duty of an inhabitant of any dwelling or rooming house or occupant of any building to keep that portion of the property which he occupies, or over which he has exclusive control, clean and free from any accumulation of dirt, filth, rubbish, garbage or similar matter, and free from rodent or vermin infestation. If an occupant shall fail to keep his portion of the property clean, a housing inspector shall send a written notice to the occupant to abate the nuisance within the time specified in such notice. Failure of an occupant to comply with such notice shall be deemed a violation of this Article and shall constitute a public nuisance. Sec. 21-22. Workmanlike Construction. All repairs, maintenance work, alterations or installations which are required for compliance with this Code shall be executed and installed in a workmanlike and acceptable manner so as to secure the results intended by this Code. [21-23 through 21-25 are reserved] ARTICLE II: PREMISES Sec. 21-26. Grading and Drainage. The premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stagnant water shall be determined as any accumulation that has not dispersed within seven (7) days of the last recorded local rainfall. Sec. 21-27. Access Areas. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair, free of debris and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be replaced. Steps shall comply with the requirements for exterior stairs. Sec. 21-28. Accessory Structures. Garages, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition. Sec. 21-29. Closing of Vacant Structures. If the structure or part thereof is vacant or unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance. Sec. 21-30. Barricading Vacant Buildings. Every person owning or having charge or control of any vacant building shall remove all combustible waste and refuse therefrom and lock, barricade or otherwise secure all windows, doors and other openings in the building to prohibit entry by unauthorized persons. [21-31 through 21-34 are reserved] ARTICLE III: EXTERIOR STRUCTURES Sec. 21-35. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or welfare of the occupants and so as to protect the occupants from the adverse effects of the environment. Sec. 21-36. Stairs, Porches and Handrails. Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads, and shall be maintained in sound condition and good repair. Every stair, porch and fire escape shall be maintained free of hazardous conditions. Every flight of stairs which is more than three (3) risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, fire escape, porch, landing or balcony which is more than thirty inches (30) above the grade below shall have guardrails. Handrails shall be not less than thirty (30) inches nor more than thirty-four (34) inches high, measured vertically above the nosing of the treads. Guardrails shall be not less than thirty (30) inches high above the floor of the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition. Sec. 21-37. Foundation Walls. No dwelling or building shall hereafter be structurally altered without providing an enclosed foundation, and such foundation shall be of masonry construction. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare. The space between structurally sound piers may be enclosed with materials other than concrete or masonry units providing the material are water resistant and the new wall is non-load bearing. Sec. 21-38. Piers. Piers shall not be leaning or buckling out of plumb from top to bottom more than 1/3 the thickness of the wall. Piers should be free of large cracks that weaken their bearing capacity. Loose or missing masonry units and mortar shall be properly replaced. Sec. 21-39. Basements and Crawl Spaces. Every basement and/or crawl space access way shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure. In every building, basement and crawl space shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. Sec. 21-40. Exterior Walls (Surfaces). All supporting structural members of all buildings shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them. Every exterior wall shall be free of holes, breaks, loose or rotten boards or timbers. The exterior walls of all dwellings or buildings shall be substantially weather-tight, and shall be made impervious to the adverse effects of weather and shall be maintained in sound condition and good repair. All surface materials, including but not limited to wood composition, metal siding and masonry, shall be maintained weatherproof and shall be properly surface coated when required. Sec. 21-41. Windows and Doors. Every window, exterior door and basement or cellar door and hatchway shall be substantially watertight and rodent proof, and shall be kept in sound working condition and working repair. Window panes or an approved substitute shall be maintained without cracks or holes. The window sash shall be properly fitted and weather-tight within the window frame. Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in any position by the window hardware. Every exterior door shall be provided with proper hardware and maintained in good condition, and shall fit reasonably well within its frame, so as to substantially exclude rain and wind from entering the dwelling or building. All windows and doors shall be provided with acceptable, standard and operable locking devices. All dwellings, dwelling units and/or buildings shall have an unobstructed means of egress leading to an open space at ground level. Every dwelling unit shall have screens to effectively cover all openable windows and doors. Every door opening to an outdoor space shall have screens and a self closing device; and every window opening to an outdoor space, used or intended to be used for ventilation, shall have screens. Dwelling buildings containing central heating furnaces and air conditioning equipment for mechanical ventilation year-round are not required to have screens. Window-type air conditioning units are not included in this exception. Screens shall be fastened to removable frames and have a mesh with a maximum gauge of fourteen (14) by eighteen (18). Sec. 21-42. Cornice and Eaves. All cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in safe condition. Exterior trim and similar features shall be maintained in sound condition and good repair. Sec. 21-43. Gutters. Gutters, downspouts and/or splash blocks shall be required in cases where roof water drainage needs to be diverted away from one or more portions of the structure to help prevent from foundation problems and to help prevent from slippage as they enter or leave a dwelling. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises or that creates a public nuisance. Existing gutters and downspouts shall be properly maintained. All exposed metal surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating material such as paint or similar surface treatment. Sec. 21-44. Roof. The roof shall be structurally sound, tight and not have defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness or deterioration in the walls or interior portion of the building. Sec. 21-45. Chimneys. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed metal surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating material such as paint or similar surface treatment. Loose or missing mortar, stucco and masonry shall be properly replaced. Sec. 21-46. Exterior Surfaces. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. It shall be the duty of the owner to keep all dwellings and buildings painted at regular intervals so that none of them become badly in need of a protective coat of paint. [21-47 through 21-54 are reserved] ARTICLE IV: INTERIOR STRUCTURE Sec. 21-55. General. The interior of a structure and its equipment shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants or visitors, and to protect the occupants from the environment. Floors, walls (including windows and doors), ceilings, and other interior surfaces shall be maintained in sound, clean and sanitary condition and shall be substantially rodent proof. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be eliminated. Sec. 21-56. Interior Doors. Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies are not permitted on the exterior side of the door of habitable rooms. Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by manufacturer for that purpose. Sec. 21-57. Floors. The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads. Floors shall not be sagging, deflecting or buckling significantly. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Sec. 21-58. Interior Walls. Interior walls or other members shall be maintained in sound condition and good repair. They shall not list, lean or buckle. The primary wall surface materials shall be free of cracks and holes that completely penetrate the wall surface material. Wall surface materials including, but not limited to, gypsum board, plaster, baseboard, trim, etc. are to be properly and securely installed and finished. Sec. 21-59. Ceilings. Ceilings are to be structurally sound with joists that are capable of carrying the loads they support. They shall not be sagging, deflecting or buckling significantly. The primary ceiling surface material shall be free of cracks and holes that completely penetrate the ceiling surface material. Ceiling surface material including, but not limited to, gypsum board, plaster, trim, etc. are to be properly and securely installed and finished. Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than seven (7) feet. Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum room area. Sec. 21-60. Stairs and Railings. All interior stairs and railings shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads. Sec. 21-61. Minimum Requirements for Electrical Systems. (1) All existing electrical wiring outlets and fixtures required by this Code shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the Electrical Code adopted by the City of Chattanooga. (2) All dwellings, dwelling units and/or buildings shall have installed electric lighting facilities consisting of at least two (2) separate wall type convenience outlets or one (1) ceiling type fixture and one (1) wall type outlet for every habitable room. (3) Each entry door shall have a light fixture that can shine light on the door at nighttime. The light must have a globe and be able to be operated by a switch located just inside the door. (4) Unsafe and hazardous conditions in violation of the Electric Code or Fire Codes adopted by the City of Chattanooga shall not be allowed to exist. (5) All residential dwellings shall have at the minimum one (1) battery operated or hard wired (electric) smoke detector on each habitable floor. Sec. 21-62. Minimum Requirements for Plumbing. (1) Sanitary Facilities: All required plumbing fixtures located within the dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet all in good working condition and properly connected to an approved water and sewer system. 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. (2) Location of Sanitary Facilities: All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet with no dimension less than four (4) feet. Bathrooms shall be accessible from habitable rooms, hallways, corridors and other protected or enclosed areas, not including kitchens or other food preparation areas. (3) Hot and Cold Water Supply: Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold and hot water. All water shall be supplied through an approved distribution system connected to a potable water supply. (4) Water Heating Facilities: Every dwelling unit shall have water facilities which are properly installed and maintained in a safe and good working condition 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. Sec. 21-63. Minimum Heating Facilities. (1) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least sixty-eight (68) degrees F at a distance of three (3) feet above floor level, under minimum winter conditions. (2) Where a central heating system is not provided, each dwelling unit shall be provided with facilities whereby heating appliances may be connected. (3) Unvented fuel burning heaters shall be prohibited except for gas heaters listed for unvented use. Sec. 21-64. Minimum Light and Ventilation Requirements. (1) All spaces or rooms shall be provided sufficient light so as not to endanger health and safety. Every habitable space or room shall have the window area equal to at least eight (8) percent of the total floor area of such space or room. (2) Lights in Hallways of Apartments and Rooming Houses: In every apartment and rooming house in the City exceeding one (1) story, a light shall be kept burning by the owner in the public hallways near the stairs; upon the entrance floor and second floor of such building every night from sunset to sunrise and upon all other floors from sunset until 10:00 P.M. (3) Ventilation: All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. The total of openable window area in each habitable room shall equal to at least forty-five percent (45%) of the minimum window area size. (4) Bathroom: Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system. Sec. 21-65. Minimum Dwelling Space Requirements. The number of persons occupying any dwelling shall be limited by the following requirements: (1) Required Space in Dwelling Unit: The total of all habitable rooms in a dwelling unit shall be such as to provide at least one hundred fifty (150) square feet of floor space for the first occupant there and at least one hundred (100) additional square feet of floor space for each additional occupant thereof. Floor space shall be calculated in relation to ceiling heights as specified in 21-14 (9) of this Code. (2) Required Space in Sleeping Rooms: In every dwelling unit, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant. (3) Occupancy of Dwelling Unit Below Grade: No basement or cellar space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface run-off water and are insulated against dampness; and (b) The total window area in each room is equal to at least a minimum window area size as required by the Code; and (c) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and (d) The total of openable window area in each room is equal to at least the minimum as required under the Code except where some other device affording adequate ventilation is supplied. Sec. 21-66. Extermination. Every occupant of a single dwelling building and every owner of a building containing two (2) or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. After extermination, proper precautions shall be taken to prevent re-infestation. The owner of any structure shall be responsible for extermination within the structure prior to renting, leasing or selling the structure. Sec. 21-67. Requirements for Rooming Houses. No person shall operate a rooming house or shall let to another for occupancy any room unless such rooming house or room complies with the following requirements: (1) Every rooming house and room shall be in compliance with the minimum standards set forth in Sections 21-14(1)-(5), (7)-(10) and (13)-(15), and Section 21-65 of this Code. (2) At least one (1) flush water closet lavatory, basin and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house, wherever such facilities are stored. (3) Every flush water closet, flush urinal, tub or shower required above shall be located within the rooming house in rooms which: (a) Afford privacy; (b) Are accessible by a common hall without going outside of the rooming house; (c) Are accessible from a common hall without going through sleeping quarters of others; and (d) Are located on the floor they serve within the dwelling. (4) Rooming Unit Exit Requirements: Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the Building Code of the applicable governing body. (5) Sanitary Conditions: The operator of every rooming house shall be responsible for the maintenance of all walls, floors and ceilings, and for maintenance of sanitary conditions in every other part of the rooming house, and 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. (6) License Requirements: No individual or company holding five (5) or more dwelling units for rent or lease shall offer same without obtaining a valid license as required by the City Code. (7) License Required: No person shall operate a rooming house unless he holds a valid rooming license. [21-68 through 21-75 are reserved] SECTION 2. BE IT FURTHER ORDAINED, That Chattanooga City Code, Part II, Article II-Referral Service, Sections 21-41 through 21-43 be and are hereby renumbered as Article V, Sections 21-76 through 21-78, consecutively. SECTION 3. BE IT FURTHER ORDAINED, That Chattanooga City Code, Part II, Article III-Fair Housing, Sections 21-61 through 21-72 be and are hereby renumbered as Article VI, Sections 21-81 through 21-92, consecutively. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage as required by law. PASSED on Third and Final Reading November 12, 1992. s/s_________________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE:_________________ ______, 1992. s/s_________________________________ MAYOR PAN:cjc