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2. Every opening to a asement :,Aal which might afford an
<br />entry for rodents, shall be barred with a strong screen or sash or
<br />such other device as will prevent such entry.
<br />Section 37.1-15. Stairways:
<br />Every inside and outside stair and hand rail and every porch hand rail
<br />shall be so constructed and maintained as to be safe and capable of sup-
<br />porting the maximum load that normal use may cause to be placed thereon.
<br />Section 37.1-16. Interruption of Utilities and Services:
<br />No owner, agent or occupant shall cause any service, facility, equipment or
<br />utility which is required under this ordinance to be removed from, shut
<br />off from, or discontinued for any occupied dwelling, except for such
<br />temporary interruption as may be necessary while actual repairs or altera-
<br />tions are in progress, or during temporary emergencies when discontinuance
<br />of service is approved by the Enforcing Officer.
<br />1: ARTICLE 7
<br />ROOMING HOUSES, LODGING HOUSES, AND HOTELS
<br />Section 37.1-17. Minimum Standards:
<br />No person shall operate a rooming house, lodging house or hotel unless such
<br />building or buildings conforms with the provisions of this ordinance for
<br />dwellings except that the following requirement for certain equipment and
<br />facilities shall be substituted for the provision set forth in Section 37.1-5:
<br />"At least one flush water closet, lavatory basin, bathtub or shower, properly
<br />connected to a water and sewerage system approved by the Enforcing Officer
<br />and in good working condition shall be supplied for each eight (8) persons
<br />or fraction thereof, including members of the operator's family wherever
<br />they share the use of said facilities. Every lavatory basin and bathtub or
<br />shower shall be supplied with hot water at all times." All such facilities shall
<br />be located within the dweling so as to be reasonably accessible from a
<br />common hall or passageway to all persons sharing such facilities.
<br />Section. 37.1-18. Permit Required:
<br />No person shall operate a rooming house, lodging house or hotel unless he
<br />holds a valid permit issued by the Enforcing Officer which states that the
<br />operator has complied with the applicable provisions of this ordinance.
<br />This permit shall be displayed in a conspicuous place at all times. No permit
<br />shall be transferable. Any person shall give notice in writing to the En-
<br />forcing Officer within 4d hours who sells, transfers, gives away or other-
<br />'wise
<br />ther-
<br />+ ' wise disposes of ownership of, an interest in, or control of any rooming
<br />house, lodging house or hotel. Such notice shall include the name and address
<br />of `the person succeeding to the ownership or control of such rooming house,
<br />* Lodging house or hotel. Every permit shall expire at the end of one year
<br />r following its date of issuance, unless otherwise suspended or revoked.
<br />i
<br />Section 37.1-19. Suspension of Permit:
<br />f- Whenever upon inspection of any rooming house, lodging house or hotel,
<br />!' the Enforcing Officer finds that conditions or practices exist which are in
<br />viotation of this ordinance or of any regulation adopted pursuant thereto,
<br />the Enforcing Officer shall give notice in writing to the operator that unless
<br />such conditions and practices are corrected in a reasonable length of time, to
<br />be determined by the Enforcing Officer, but not less than 30 days, the opera-
<br />tor's permit will be suspended. At the end of such period the Enforcing Officer
<br />shall reinspect such rooming house. lodging house or hotel, and if he finds
<br />that such conditions or practices have not been corrected, he shall give
<br />n4ice in writing to the operator that the latter's permit has been suspended.
<br />Section 37.1-20. Hearing on Suspended Permit:
<br />Aqy person whose permit has been denied, suspended or who has received
<br />potiee from the Enforcing Officer that his permit is to be suspended unless
<br />existing conditions or practices are corrected, may petition for a hearing
<br />and- shall be granted a hearing before the Housing Board of Adjustments
<br />and Appeals provided that if no petition is filed within ten (10) days follow-
<br />ing the day on which such permit was suspended, such permit shall be
<br />deemed to have been automatically revoked.
<br />%- 4
<br />ARTICLE 8
<br />P'ADMINISTRATIVE POWERS AND PROCEDURES
<br />Section 37.1-21. Inspection of Premises:
<br />The Enforcing Officer is hereby authorized and directed to make inspections
<br />to determine the condition of dwellings, dwelling units, rooming houses and
<br />premises located within the City of Charlottesville. For this purpose the
<br />Enforcing Officer, or his representative duly designated, is authorized to
<br />execute such powers as may be necessary and convenient to carry out the
<br />purposes and provisions of this Chapter, including the following additional
<br />powers:
<br />1. To investigate dwelling conditions in the City of Charlottesville; and
<br />2. To enter upon premises for the purpose of making inspections, pro-
<br />vided that such entries shall be made in such manner as to cause a
<br />minimum of inconvenience to persons in possession.
<br />Section 37.1-22. Notice of Violation:
<br />Whenever the Enforcing Officer determines that there has been a violation
<br />of any provision of this ordinance, he shall give written notice of each
<br />violation to the person or persons responsible therefor and order compliance
<br />with the ordinance, as hereinafter provided. Such notice and order shall:
<br />1. Include a list of alleged violations. together with a copy of the Sec-
<br />tions of this ordinance violated and remedial action, which, if taken,
<br />will effect compliance with the provisions of this ordinance.
<br />2. Allow a reasonable time for the performance of any act it requires,
<br />such time allowed shall not be less than 30 days after the notice is
<br />properly served.
<br />3. Be served upon the owner or occupant, as the case may require;
<br />provided, that such notice shall be deemed to be properly served upon
<br />such owner or occupant if a copy thereof is served upon him person-
<br />ally; or by registered mail to his last known address shown on the
<br />Land Books of this City for the year preceding- and by posting in a
<br />conspicuous place on or about the premises affected, a copy of such
<br />notice or order. If the whereabouts of such person is unknown and
<br />the same cannot be ascertained by the Enforcing Officer in the
<br />exercise of reasonable diligence, the Enforcing Officer shall make
<br />Affidavit to that effect and cause to be published in a newspaper
<br />published in this City a copy of the said notice once a week for two
<br />consecutive weeks.
<br />Section 37.1-23. Hardships:
<br />Where the literal application of the requirements of this Code would cause
<br />undue hardship an exception may be granted by the Housing Board upon
<br />written application therefor. Such application shall state the reasons why
<br />the exception should be granted. Such exception shall be made in writing
<br />and only when it is clearly evident that reasonable safety and sanitation is
<br />assured, and such exception shall be conditioned in such a manner as to
<br />achieve that end. Such conditions may include restrictions not generally
<br />specified by this ordinance.
<br />Section 37.1-24. Housing Board of Adjustments and Appeals:
<br />1. Appointment. There is hereby established in the City a board to be
<br />called the Housing Board of Adjustments and Appeals, which shall
<br />consist of five (5) members appointed by the City Council.
<br />2. Term Of Office. Of the members first appointed two shall be appointed
<br />for a term of one year, two for a term of two years, one for a term
<br />of three years, and thereafter they shall be appointed for a term of
<br />four years. Vacancies shall be filled for an unexpired term in the
<br />manner in which original appointments are required to be made.
<br />Continued absence of any member from regular meetings of the
<br />Board shall, at the discretion of the City Council, render such mem-
<br />ber liable to immediate removal from office. No member shall serve
<br />more than two consecutive four year terms.
<br />3. Quorum. Three members of the Board shall constitute a quorum.
<br />In varying the application of any provisions of this Code or in
<br />modifying an order of the Enforcing Officer, affirmative votes of the
<br />majority present, but not less than three affirmative votes shall be
<br />required. No Board member shall act in a case in which he has a
<br />personal interest.
<br />4. Procedure. The Board shall establish rules and regulations for its
<br />own procedure not inconsistent with the provisions of this Code.
<br />The Board shall meet at regular intervals, to be determined by the
<br />Chairman, or in any event, the Board shall meet within ten days
<br />after notice of appeal has been received.
<br />5. Appeals. -Time limit.
<br />a. Whenever it is claimed that the true intent and meaning of this
<br />Code or any of the regulations thereunder have been misconstrued
<br />or wrongly interpreted, the owner, or his duly authorized agent,
<br />may appeal from the decision of the Enforcing Officer to the
<br />Housing Board of Adjustments and Appeals. Notice of appeal
<br />shall be in writing and filed within forty-five (45) days after
<br />the decision is rendered by the Enforcing Officer.
<br />b. In case of a building or structure which, in the opinion of the
<br />Enforcing Officer, is unsafe or dangerous, the Enforcing Officer
<br />may, in his order limit the time for such appeal to a shorter
<br />period. Appeals hereunder shall be on forms provided by the
<br />Enforcing Officer.
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