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HomeMy WebLinkAboutOrdinances Book 15, Page 1122, No Ordinance Numberr Lu r,9 L A 1122/ { V/ AN ORDINANCE ESTABLISHIIvG MINIMUM STAiZARDS GOVERhIhG THE USE, OCCUPANCY AivD MAINTENANCE OF DWELLI1vGS, DWELLI14G UMTS AND ACCESSORY STRUCTURES; ESTABLISHIar, MINIMUM STA14DARDS GOVERNIAG MIA ID UM SUPPLIED UTILITIES AND FACILITIES, AND OTHER PHYSICAL THIivGS A"D CONDITIONS ESSEATIAL TO MAKE DWELLINGS SAFE, SAivITARY AND FIT FOR HUMAiv HABITATIOiv; ESTABLISHIIuG MI1vIMUM STAIuDARDS GOVERNI1vG THE COADITION AiuD MAINTENA1vCE OF DIVELLI14G AAD AC- CESSORY STRUCTURES; FIXI1vG CERTAIN RESPONSIBILITIES AiuD DUTIES OF OWNERS AAD OCCUPA1vTS OF DWELLIAGS; AUTHORIZIiuG THE INSPECTION OF DWELLIAGS AAD ACCESSORY STRUCTURES AND. PROVIDIAG FOR THE COIv- DEXivATIOA OF ALL BUILDIAGS AND STRUCTURES DEEMED U1vFIT FOR HUMAN HABITATION AND USE; AND, FIXIivG PENALTIES FOR VIOLATIONS WHEREAS, it has heretofore been determined that there exist in the City of Paducah, Kentucky, dwellings, dwelling units and accessory structures which are unfit for human habitation due to dilapidation, defects, increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or other conditions rendering said dwellings, dwelling units and accessory structures 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 of Paducah, Kentucky; and WHEREAS, it has been determined that these conditions can be relieved, in a measure prevented and often eliminated through planned and properly en- forced minimum housing standards, resulting thereby in the upgrading of living conditions and an overall enhancement of the general health, safety and welfare of all residents and property owners of the City of Paducah. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: CHAPTER 1 - ADMINISTRATIOh SECTION 101 - TITLE A11D SCOPE 101.1 Title The provisions embraced within the following chapters and sections shall constitute and be known and may be cited as "The Paducah, Kentucky, Standard Housing Code", hereinafter referred to as "this Code". 101.2 Code Remedial This code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation and safety to life and property from fire and other hazards incident to the construction, alteration or repair, removal, demolition use and occupancy of dwellings, apartment houses, rooming houses or buildings, structures or premises used as such. 1123 101.3 Scope (a) The provisions of this code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. (b) No provision of this code shall be held to deprive any federal or state agency, or any municipal authority having ,jurisdiction, of any power or authority to which it had on the effective date of this ordinance or of an remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. (c) The provisions of this code shall apply to all mobile homes and house trailers used as a residential occupancy in excess of thirty (30) days. (d) All persons, firms, corporations, or other entities owning, con- trolling or letting property for occupancy or occupying property for dwelling purposes in theCity of Paducah shall be subject to the requirements of this code and shall conform to the provisions hereof and be subject to the pen- alties set forth herein. 101.4 Existing Buildings The provisions of this code shall apply to any dwelling, apartment, apartment house or rooming house irrespective of when said building was constructed, altered or repaired. (a) Subject to the provisions of Section 103.2 herein, if, within any period of twelve (12) months, alterations or repairs costing in excess of the then physical value of the building are made on an existing building, such building shall be made to conform to the requirements of the building code for new buildings. (b) Subject to the provisions of Section 103.2 herein, if an existing building is damaged by fire or otherwise in excess of fifty per cent (50%) of its then physical value before such damage is repaired, it shall be made to conform to the requirements of the building code for new buildings. (c) Subject to the provisions of paragraph 103.2 herein, if the cost of such alterations or repairs or the amount of such damage, is more than twenty-five but not more than fifty per cent (50%) of the then physical value of the building, the portions to be altered or repaired shall be made to con- form to the requirements of the building code for new buildings to such exten as the Building Inspector, or his duly authorized representative may determin (d) Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it is conformity with the provisions of the buildi. code or in such manner as will not extend or increase any existing nonconform. or hazard, may be made with the same kind of materials as those with which th, building is constructed. 1124 (e) For the purposes of this section the "physical value" of a building or structure, as hereinafter defined shall be determined by the Building 2 spector. 101.5 Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devises or safeguards which are required by this.code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of build- ings, structures and premises to the extent set out in Chapter 111, Sectior. 310 of this code. A tenant shall be responsible for the maintenance of buildings, structures and premises.to the extent set out in Chapter 111, Section 310 of this code. SECTION 102 ORGANIZATION 102.1 Enforcement Officer There is herebv established provisions for the enforcement of this code by the Building Inspector. 102.2 Restrictions on Emplovees No officer or employee for the agency responsible for the enforcemen of the provisions of this code shall be financially interested in the furnishing of labor, material or appliances for the construction, alterati or maintenance of a building or in the making ofplans or of specifications therefor, unless he is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his duties or rth the interests of the agency responsible for the enforcement of this code. 102.3 Records The Building Inspector shall keep, or cause to be kept, a record of the business of his department. The records of said department shall be open to public inspection. SECTION 103 POWERS AND DUTIES 103.1 General (a) The Building Inspector is charged with the enforcement of the provisions of this code and shall work in close coordination with the Health Officer, Fire Chief and Plumbing Inspector. The Building Inspector is hereby empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter or being pertainir to the administration and enforcement of the provisions of this code, including, but not limited to,the preparation of the necessary forms, the necessary inspections and the details of ,point and several inspections by the public officers. 1125 (b) The Public Officer or officers are authorized to exercise such powers as are necessary or convenient to carry out and effectuate the purpos and provisions of this code; to investigate the dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation; to administer oaths, affirmations, examine witnesses and receive evidence; to enter upon premises for the purpose of making examinations, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage in which case the above limitations shall not apply; to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this code; and to delegate any of his functions and powers under this code to such officers and agents as he designates. Procedures. I All dwellings, apartment houses, rooming houses or buildings or structul s used as such which are unsafe, unsanitary, unfit for human habitation due to � dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings 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 of Paducah, are s in contemplation of this section, unsafe buildings. All such unsafe b are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedures. (a) Whenever a petition is filed with a Public Officer, by a Public Authority or by at least five residents of the City charging that any dwelli is unfit for human habitation, or whenever it appears to the Publis Officer (on his own motion) that any dwelling is unfit for human habitation, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of any the parties in interest in such dwelling a complaint stating the charges in that respect The complaint shall state: That a hearing will be held before the Public Officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of the complaint; that the owner and parties in interest may file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Public Officer. (b) I£, after the notice and hearing, the Public Officer determines that the dwelling under consideration is unfit for human habitation, he shal 1T26 state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring the owner: (1) To the intent and within the time sepcified in the order, to repair, alter or improve the said dwelling, to render it fit For human habitation, or, at the option of the owner, to vacate and close the dwelling as a human habitation if the repair, alteration or improvement of the dwelli at a cost that is not more than fifty per cent (50% of the value of the dwelling; or (2) Within the time specified in the order, to remove or demolish the said dwelling if the repair, alteration or improve- ment of the dwelling cannot be made at a cost that is not more than fifty per cent (50%) of the value of the dwelling. (c) If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the dwelling, the Public Officer may cause the dwelling to he repaired, altered or improved, or to be vacated and closed. The Public Officer may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building .for human habitation is prohibited and unlawful." (d) If the owner fails to /comply with an order to remove or demolish the dwelling, the Public Officer may cause such dwelling to be removed or demolished. (e) The amount of the cost of repairs, alterations or improvements, or vacating and closing or removal or demolition shall be a lien upon the real property upon which such cost was incurred. If the dwelling is removed or demolished by the Public Officer, he shall sell the materials of the dwelling 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 Circuit Court by the Public Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. (f) No person shall use or occupy as a dwelling any building upon which has been posted the placard referred to in subsection (c) above. 103.3 Standards The Public Officer may determine that the dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, the occupants of can be made 1127 neighboring dwellings or other residents of the City. Such conditions may include the following (without limiting the generality of the foregoing): Defects increasing -the hazards of .fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defents, uncleanliness. Additional standards to guide the Public Officer, or his agents, in determining the fitness of a dwelling for human habitation are hereinafter "set forth in Chapters 111 and IV. 103-L Service Complaints or orders issued by the Public Officer pursuant to this code shall be served upon persons either personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the. Public Officer in the exercise of reasonable diligence, and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publication pursuant to Kentucky Revised Statutes, Chapter 424. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order and shall be recorded in the office of the County Clerk of the county wherein the dwelling is located. 1.03.5 Appeals Any person affected by an order issued by the Public Officer may appeal from -said order in accordance with the provisions of Kentucky Revised Statutes, Chapter 80. .103.6 Requirements not Covered by Code Any requirement, not specifically covered by this cide, found necessary for the safety, health, and general.welfare of the occupants of any dwelling, shall be determined by the Building Inspector subject to appeal as provided by law. 103.7 Liability Any officer or employee charged with the enforcement of this Code, in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of this Code shall be defended by the Department of Law until the final termination of the proceedings. 103.8 Reports The Building Inspector shall annually submit a report to the City Manager covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of cases appealed during said year. 103.9 Violations and Penalties Any person, firm or corporation violating any provision of this ordinance shall be fined not less than $10.00 nor more than $50.00 or may be imprisoned in the city ,jail for not more than thirty (30) days, or both, and a separete offense shall be deemed committed on each day during or on which a violation occurs or continues. CHAPTER 11 - DEFINITIONS 201.1 Unless the content otherwise requires, words used in this code have the following meanings. ALTER OR ALTERATION: Any change or modification in construction or occupancy. APARTMENT: A room or a suite of rooms occupied, or which is intended or designed to be occupied as the home or residence of one individual,_ family or household, for housekeeping purposes. :APARTMENT HOUSE: 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 families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. APPLICABLE COVERNIhO BODY: A city, county, or state agency or -other political government subdivision or entity authorized to administer and enforce the provisions of this code. APPROVED: Approved by the Building Official. AREA: As applied to the dimensions of a building, means the maximum horizontal projected area of the building at grade. AREA: (See Floor Area) ATTIC STORY: Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage or habitation. BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this Section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to the ceiling, provided, howeverm that the distance from grade to ceiling shall be at least four (4) feet six inches. (See STORY). 1129 BUILDING: Same as DWELLING. BUILDING INSPECTOR: The Chief Building Inspector of the City of Paducah, or his authorized representatives. BUILDING 09FICIAL: The officer, or other person, charged with the administration and enforcement of this Ordinance or his duly authorized representative. CELLAR: That portion of a building, the ceiling of which is entirely below grade or less than four (4) feet six (6) inches above grade. (See STORY). DILAPIDATED DWELLINGS OR STRUCTURES: A dwelling, dwelling unit, multiple dwelling, apartment, apartment house, including among others garages, sheds and similar accessory structures, which by reason of inadequate maintenance, dilapidation, absolescence or abandonment are unsafe, unsanitary, or which constitute a fire hazard or are otherwise dangerous to human life and are no longer adequate for the purpose for which they were originally intended. It is the intent of this definition to include any and all structures as may legally come within the scope of the definition of structure as set forth in this section. DWELLING: Any building, or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. DWELLING UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used, for living, sleeping, cooking and eating. EXIT CORRIDOR: Any corridor or passageway used as an integral part of the exit system. That portion of a corridor or passageway which exceeds the allowable distance of travel to an exit, becomes as exit corridor or passageway. EXIT PASSAGEWAY: An enclosed hallway or corridor connecting a required exit to a street. EXTERMINATION: The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Building Official. FAMILY: One or more persons living together, whether related to each other by birth or not, and having common housekeeping facilities. 1130 FIRE CHIEF: The Chief of the Paducah Fire Department or his authorized representative. FLOOR AREA: The area included within surrounding walls of a building exclusive or vent shafts and courts. GARBAGE: The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. GRADE: With reference to a building means, when the curb level has been established, the mean elevation of the curb level opposite those walls that are located on, or parallel with and within fifteen (15) feet of street lines; or, when the curb level has not been established, or all the walls of the building are more than fifteen (15) feet from street lines, GRADE means the average of the finished ground level at the center of all walls of a building. HABITABLE ROOM: A room occupied by one or more persons for living, eating or sleeping purposes. It does not include toilets, laundries, serving and storage pantries, corridors, cellars and spaces.that are not used frequently or during extended periods. HEALTH OFFICERS: The Health Officer or the administrator of the Paducah -McCracken County Health Department, or their authorized representatives. HEATING: The definitions following under this paragraph shall apply to heating installations: CENTRAL HEATING BOILERS Ah D FURNACES: Heating furnaces and boilers shall include warm air furnaces, floor mounted direct - fired unit heaters, hot water boilers, and steam boilers operated at not in excess of 15 pounds of gauge pressure, used for heating of buildings or structures. CHIMNEY: A vertical shaft of masonry, reinforced concrete, or other approved non-combustible, heat resisting material enclosing one or more flues, for the purpose of removing products of combustion from solids, liquid, or Ras fuel. FLUE: A vertical passageway for products of combustion. VEST PIPE: As applied to heating, means a pipe for removing products of combustion from gas appliances. WATER HEATER: A device for the heating and storage of water to be used for other than heating or industrial purposes. INFESTATION: The presence, within or around a dwelling, of any insects, rodents, or other pests. INNER COURT: An open unoccupied space bounded by the walls of the building, but located within the exterior walls of the building. 1131 LESSEE: Any person by written contract or lease or by any week to week or month to month tenancy agreement shall have the right to occupy a dwelling or dwelling unit. MULTIPLE DWELLING: (Same as APARTMENT HOUSE) NUISANCE: A public nuisance as known at common law or in equity. Anything that is dangerous to human life or health, in, under, over, around or about a dwelling or dwelling unit or that renders the air or human food or drink therein unwholesome; and anv dwelling or dwelling unit, or part thereof, that is not sufficiently supported, ventilated, drained, cleaned or lighted are also nuisances. OCCUPANT: Any person, over 1 year of age, living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit. OPERATOR: Any person why has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Anv Derson. who. along or iointly. or severallv. with others: (a) Shall have legal title to any dwelling unit, with or without accompanying actual possession thereof, or (b) Is a mortgagee of record, or (c) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor or executrix, administrator, administratrix, trustee, guardian or fiduciary of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code imposed upon the owner. PSRTIES IN INTEREST: All indivuduals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof. PERSON: A natural person, his heirs, executors, administrators, fiduciaries, committees, or assigns, and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid. PHYSICAL VALUE: The actual cost of replacement of a building or structure with similar materials erected in a like manner to the original construction. PLUMBING: Plumbing is 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 1132 storm drainage facilities, the ventinrr 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 of anv premises to their connection with any point of public disposal of other acceptable terminal. PUBLIC AREAS: As used in this code, means 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 encumbrances that might interfere with its use by the Fire Department: PUBLIC AUTHORITY: Any housing Commission or any officer who is in charge of any department or branch of the government of the City, County or State relating to health, fire, building regulations or to other activities concerning dwellings in the City. PUBLIC OFFICER: When referred to herein, shall mean the officer or officers who are authorized by this ordinance to exercise the powers prescribed by the ordinance, and can be the Building Inspector, Fire Chief, Health Officer, Plumbing Inspector or their authorized representatives and/or a person designated or appointed for the express purpose, by the Mayor or City Manager, with the approval of the Board of Commissioners. REPAIR: The replacement of existing work with the same kind of material 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 installations, 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: Required by some provision of this Code. RESIDENTIAL OCCUPANCY: Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories, shall be classified as "Residential Occupancy". Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses. rOOMING U11IT: 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. ROOMING HOUSE: Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let "IMF' 1133 by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. RUBBISH: Conbustible and non-conbustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other conbustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dusio.. RUBBISH STORAGE FACILITIES AND GARBAGE STORAGE FACILITIES: Outside containers in which rubbish and garbage are temporarily stored for collection. STAIRWAY: One or more flights of stairs and the necessart landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. STORY: 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 floot and the seiling or roof above. STRUCTURE: 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 words "or part thereof". SUBSTANDARD DWELLING OR STRUCTURE: A dwelling, dwelling unit, multiple dwelling, apartment, apartment house or any other space used or intended to be used as a habitable living space in any building or structure which does not meet the basic minimum requirements of this code for such use. SUPPLIED: Paid for, furnished, or provided by or under the control of the owner or operator. TEMPORARY HOUSING: Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to any other structure, or any utility system on the same premises for more than thirty (30) consecutive days. CHAPTER III MINIMUM STANDARDS FOR DWELLINGS AND APARTMENTS T FOR HUMAN HABITATIOIV SECTION 301 GENERAL 301.1 1134 All dwellings and apartments shall provide for a health environment with living facilities arranged and equipped to assure such a condition. Under this chapter appear the fundamental Code requirements which shall be observed in determining the fitness of a dwelling for human habitation. $01.2 Certificate of Occupancy No person shall occupy as owner -occupant or let to another for occupancy, any vacant dwelling, dwelling unit, apartment or any space designed or intended to be used for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this Code and for which a valid certificate of Occupancy has not been issued. SECTION 302 MINIMUM STANDARDS FOR PLUMBING SYSTEMS AND EQUIPMEINT Every dwelling shall contain not less than the following: (a) Each dwelling unit shall be connected to a portable water supply and to the public sewer or other approved sewerage disposal system. (b) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet, all in good working condition and installed in accordance with the Adopted Plumbing Code. (c) All plumbing fixtures shall meet the standards of the Adopted Plumbing Code and shall be in a state of good repair and .in good working order. (d) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, and tub or shower shall be located in a room or rooms affording privacy to the user. (e) Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. (f) All hot water heating appliances shall be installed according to the Plumbing Code adopted by the Applicable Governing Body and shall be capable of supplying a continuous source of hot water, on demand, to all the required fixtures at a temperature of not less than 120° Fahrenheit. SECTION 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATIO14 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: 1135 03 3.1 Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for. every habitable room shall be 10 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 -obstruction structures are located less than 5 feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight -type window in the top of such room, the total window area of such sky- light shall equal at least 15 per cent of the total floor area of such room. 303.2 Habitable Rooms 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 equal to at least 45 per cent of the minimum window area size or minimum skylight -type window size, as required, or shall have other approved, equivalent ventilation. 303.3 Bathroom and Water Closet Rooms Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system which is kept in continuous operation. 303.4 Electric Service Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles which shall be installed according to the adopted Electrical Code of the Applicable Governing Body. Each habitable room shall contain at least two (2) wall -type convenience outlets or.one (1) such convenience outlet and one ceiling -type fixture with wall switch. Every bathroom, water closet room, laundry room and furnace room shall be supplied one ceiling or wall -type electric light fixture and one well -type convenience outlet. Every public hall and stariway in every mutliple dwelling shall be adeq.uatel}, lighted by electric lights at all times when natural daylight is not sufficient. SECTION 304 MINIMUM REQUIREMEIM FOR ELECTRICAL SYSTEMS 204.1 General All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used 1136 and installed in accordance with the adopted Electrical Coed of the Applicable Governing Body. Where the determination is. made, upon examination of the existing electrical service supply, that such electrical service supply is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life. -and property, the following shall be used as a guide for determining the potential use and adequacy of such service supply: Gross Area of Minimum Capacity of Habitable Space Service Supply 0 - 600 Sq. ft 60 amp service 601 ? 1000 sq. ft 100 amp service 1001 - 1500 sq. ft 150 amp service 1501 - over 200 amp service SECTION 305 MINIMUM REQUIREMEi�TS FOR HEATING 305.1 General Every dwelling unit shall have provisions for providing heat in accordance with Section 305.2 or Section 305.3. 305-2 Central and Electrical Heating Systems Every central or electric heating system shall be of sufficient capacity si as to heat each dwelling unit to which it is connected with a minimum temperature of 70° F. measured at a point 3 feet above the floor during ordinary minimum winter conditions. 305.3 Other Heating Facilities Where a central or electric heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70° F. measured at a point three feet above the floor during ordinary minimum winter conditions. 05.4 Installation and Maintenance Heating• appliances and facilities shall be installed in accordance with the Building Code and shall be maintained in a safe and good working condition. SECTION 306 MINIMUM STANDARDS FOR LIACE_,_ USE AhD LOCATIOIvS 30 .1 General No person shall occupy or shall let to another for occupancy any dwelling, rooming house, dwelling unit, or rooming unit which does not comply with the following minimum standards for space, use and location: 306.2 Dwelling Unit Every dwelling unit shall contain at least one hundred and fifty square feet of habitable floor area for the first occupant, at least one hundred square feet of additional habitable floor area for each of the next three occupants, and at least seventy-five square feet of additional habitable floor area for each additional occupant. 1137 306.3 Rooms Occupied for Sleeping Purposes In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor area for each occupant twelve years of age and over and at least thirty-five square feet of floor area for each occupant under twelve years of age. 306-4 Floor Area Calculation Floor area shall be calculated on the basis of habitable room area. However, closet area -and hall area within the dwelling unit, where provided, may count for not more than ten per cent of the required habitable floor area. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling height is less than four and one-half feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy. 306.5 Occupant For the purposes of this section a person under one year of age shall not be counted as an occupant. 306.6 Cellar No cellar shall be used for living purposes. 306.7 Basement No basement shall be used for living purposes unless: (a) The floor and walls are substantially water light; (b) The total window area, total openable area and ceiling height are equal to those required for habitable rooms; (c) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, not including stair wells or access ways. SECTION 307 MINIMUM STANDARDS FOR SAFE AND SANITARY I4AINMAACE 307.1 General No person shall occupy as Owner -occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit, or rooming unit which does not comply with the following minimum standards for safe and sanitary maintenance: 307.2 Exterior Foundation, Walls and Roofs Every foundation wall, exterior wall and exterior roof shall be substantially weathertight, watertight, and rodent proof; all exterior walls shall be made inpervious to the adverse effects of weather by periodic application of paint or a similar protective 1138 coating and shall be kept in a sound condition and good repair. All foundation walls and exterior roofs shall be maintained in a safe manner and -capable of supporting the loads which normal use may cause to be placed thereon. 307.3 Interior Floor, Walls and Ceilings Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 307.4 Windows and Doors Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair. 307.5 Stairs, Porches and Appurtenances Every inside and outside stair, porch, and any appurtenance thereto shall 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. 307.6 Bathroom Floors Every bathroom floor surface and water closet compartment 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. 307.7 Supplied Facilities Every supplied facility, piece of equipment or utility, which is required under this Code shall be so constructed and installed that it will function safely and effectively, and shall be maintained in sound working condition. 307.8 Drainage Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water. 307.9 Egress Every dwelling unit shall be provided with means od egress as required by the Building Code. SECTION 308 MINIMUM STANDARDS FOR CONTROL OF INSECTS, RODENT; INFESTATIONS. 308.1 Screens In every dwelling unit, for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used 1139 for ventilation, shall likewise be supplied with screens installed. 308.2 Rodent Control 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 screems installed or such other approved device as will effectively prevent their entrance. 308.3 Infestation Every occupancy of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this sub -section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. 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, extermination thereof shall be the responsibility of the owner. SECTION 309 RUBBISH AND GARBAGE 302.1 Rubbish Every dwelling unit shall be supplied with adequate rubbish storage facilities. 309.2 Garbage Every dwelling unit shall have adequate gargage disposal facilities or garbage storage containers, having a capacity of not more than 30 gallons each container. SECTION 310 RESPONSIBILITIES OF OWNERS AND OCCUPANTS 310.1 Public Areas Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 310.2 Dwelling Unit Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls. 310.3 Garbage Every occupant of a dwelling or dwelling unit shall dispose of all his garbage, and any other organic waste which might provide food for ordents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. In all cases the occupants shall be responsible for the availability of garbage storage containers. 310.4. Rubbish 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 storage facilities. In all cases the owner shall be responsible for the availability of rubbish storage facilities. .5 Extermination See Section 30$.3 --Infestation. 310.6 Plumbing Fixtures Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be rexiponsible for the exercise of reasonable care in the proper use and operation thereof. 310.7 Care of Facilities, Equipment and Structure No occupant shall willfully destroy, deface or impair any of the facilities, equipment or any part of the structure of a dwelling unit, dwelling, multi -dwelling or apartment. 10.$ Care of Premises It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building materials, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items, as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the Building Official. Note: (For the purposes of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power.) CHAPTER IV - ROOMING HOUSES SECTION 401 GENERAL No building or structure of wood frame construction in excess of two and one-half (2j) stories in height or in excess of 7,000 square feet in floor area shall be used as a Rooming House. 4.01.1 Certificate of Occupancy Required No building or structure classified as a "Residential Occupancy", as defined in Section 201.1, shall be used, in whole or in part, as a Rooming House until a Certificate of Occupancy for such use has been issued by the Building Inspector. 1141 401.2 Minimum Sanitary Facilities Required Each "Residential Occupancy", as hereinbefore defined, designed or intended to be used as a Rooming House shall contain the following sanitary facilities and equipment: Bath Tubs [Vater Closets Urinals Lavatories or Showers Male 1 for each 10 1 for each 25 1 for each 12 1 for each 8 persons persons persons persons Female 1 for each 8 The installation 1 for each 1 for each 8 persons of female 12 persons persons urinals shall be optional. 401.3 Light and Ventilation The minimum requirements for light and ventilation as set forth in Section 303•and 304 shall apply to any Residential Occupancy used or intended to be used as a Rooming House. 401.4 Room Occupancy Requirements The minimum standards for space, use and occupancy as set forth in Section 306.3 shall apply to any Residential Occupancy used or intended to be used as a Rooming House. 401.5 Egress Requirements Every Residential Occupancy used or intended to be used as a Rooming House shall be provided with means of egress as required by the Building Code adopted by the Applicable Governing Body. CHAPTER V - VALIDITY AND EFFECT SECTION 501 The provisions of this Ordinance are severable. If any sentence, clause or section or part of this Ordinance or the application thereof to any particular state of case is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or repeal any of the remaining provisions, sentences, clauses or sections or parts of this Ordinance, it being the legislative intent of this body to ordain and enact each provision, paragraph, sentence, and part hereof separately and independently of each other. SECTION 502. Nothing in this ordinance shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 503 All ordinances or parts of ordinances in force at the time that this ordinance shall take effect and inconsistent herewith are hereby repealed. 1142 SECTION 504 This ordinance is not intended to and does not amend, after or repeal the Building, Health or Fire Code of the City of Paducah. SECTION 505 Nothing in this Ordinance shall be construed to counteract, contravene or avoid any requirement that the owners of improved real estate in the city shall, within twelve months from the time of completion of anv sanitary or combined storn and sanitary sewers, connect the improvements thereon to such sewer where sewer service is available, contained in an Ordinance pert -:A ning to such requirement adopted by the General Council of the City of February 23, 1927, and amended on January 20, 1959, by the Board of Commissioners of the City. SECTION 506 This ordinance shall take effect immediately upon its adoption and publication. Mayor Passed by the Board of Commissioners December 6, 1966 Recorded by Sarah Thurman, City Clerk, December 6, 1966.