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ADOPTED BY THE COUNCIL OCTOBER 5, 1964 AYES: MR. HAGGERTY, MR. MOUNT, MR. PONTON, MR. RENNOLDS AND MR. SCRIBNER NOES: NONE. CLERK SIGNATURE PRESIDENT SIGNATURE ORDINANCE AMENDING AND REENACTING THE CODE OF THE CITY OF CHARLOTTESVILLE, 1959, BY THE REPEAL OF CHAPTER 37 AND BY THE ADDITION THERETO OF A NEW CHAPTER NUMBERED 37.1 ENTITLED “AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS; GOVERNING UTILITIES AND FACILITIES AND OTHER CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY AND FIT FOR HUMAN HABITATION; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; AUTHORIZING THE INSPECTION OF DWELLINGS, AND THE CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND FIXING PENALTIES FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE.” BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT CHAPTER 37 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1959, IS HEREBY REPEALED AND CHAPTER 37.1 IS ADDED TO SAID CODE AND READS AS FOLLOWS: CHAPTER 37. REPEALED. CHAPTER 37.1. MINIMUM STANDARDS FOR HOUSING. INDEX ARTICLE 1 DEFINITIONS SECTION 37.1-1. CERTAIN TERMS AND WORDS DEFINED. ARTICLE 2 RESPONSIBILITIES OF OWNERS AND OCCUPANTS OF DWELLINGS SECTION 37.1-2. GENERAL RESPONSIBILITIES OF OWNERS. SECTION 37.1-3. GENERAL RESPONSIBILITIES OF OCCUPANTS. SECTION 37.1-4. RESPONSIBILITIES OF OWNERS AND OCCUPANTS WHEN PREMISES ARE INFESTED. ARTICLE 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES SECTION 37.1-5. MINIMUM KITCHEN AND BATHROOM EQUIPMENT. SECTION 37.1-6. MINIMUM HEATING FACILITIES. SECTION 37.1-7. ELECTRIC SERVICE. ARTICLE 4 MINIMUM STANDARDS FOR LIGHT AND VENTILATION SECTION 37.1-8. MINIMUM WINDOW AREA. ARTICLE 5 MINIMUM STANDARDS FOR SPACE AND USE SECTION 37.1-9. FLOOR AREA REQUIREMENTS. SECTION 37.1-10. OCCUPANT. SECTION 37.1-11. SINGLE FAMILY DWELLINGS. SECTION 37.1-12. CELLARS. SECTION 37.1-13. BASEMENTS. ARTICLE 6 MINIMUM STANDARDS OF MAINTENANCE SECTION 37.1-14. PROTECTION AGAINST VERMIN. SECTION 37.1-15. STAIRWAYS. SECTION 37.1-16. INTERRUPTION OF UTILITIES AND SERVICE. ARTICLE 7 ROOMING HOUSES, LODGING HOUSES AND HOTELS SECTION 37.1-17. MINIMUM STANDARDS. SECTION 37.1-18. PERMITS REQUIRED. SECTION 37.1-19. SUSPENSION OF PERMIT. SECTION 37.1-20. HEARING ON SUSPENDED PERMIT. ARTICLE 8 ADMINISTRATIVE POWERS AND PROCEDURES SECTION 37.1-21. INSPECTION OF PREMISES. SECTION 37.1-22. NOTICE OF VIOLATION. SECTION 37.1-23. HARDSHIPS. SECTION 37.1-24. HOUSING BOARD OF ADJUSTMENTS AND APPEALS. SECTION 37.1-25. EMERGENCY ACTION. ARTICLE 9 DESIGNATION OF DWELLING UNFIT FOR HUMAN HABITATION AND LEGAL PROCEDURE OF CONDEMNATION SECTION 37.1-26. EVIDENCE OF UNFIT DWELLING. SECTION 37.1-27. PLACARDING OF CONDEMNED DWELLING. SECTION 37.1-28. REMOVAL OF PLACARD. SECTION 37.1-29. UNAUTHORIZED REMOVAL OF PLACARD. SECTION 37.1-30. HEARING ON CONDEMNATION ORDER. SECTION 37.1-31. CORRECTION OF UNFIT CONDITIONS. SECTION 37.1-32. ADMINISTRATIVE LIABILITY. ARTICLE 10 PENALTIES, SEPARABILITY, CONFLICT OF ORDINANCE AND EFFECTIVE DATE SECTION 37.1-33. PENALTY FOR VIOLATION. SECTION 37.1-34. VALIDITY OF CHAPTER. SECTION 37.1-35. WHEN ORDINANCE PREVAILS. SECTION 37.1-36. EFFECTIVE DATE. ADOPTED BY THE COUNCIL OCTOBER 5, 1964 AYES: MR. HAGGERTY, MR. MOUNT, MR. PONTON, MR. RENNOLDS AND MR. SCRIBNER. NOES: NONE. CLERK SIGNATURE PRESIDENT SIGNATURE ARTICLE 1 DEFINITIONS SECTION 37.1-1. CERTAIN TERMS AND WORDS DEFINED: FOR THE PURPOSE OF THIS ORDINANCE CERTAIN TERMS AND WORDS ARE HEREBY DEFINED. WORDS USED IN THE PRESENT TENSE SHALL INCLUDE THE FUTURE, THE SINGULAR NUMBER SHALL INCLUDE THE PLURAL AND THE PLURAL THE SINGULAR. THE WORD “SHALL” IS MANDATORY. 1. HABITABLE ROOM SHALL MEAN A ROOM OCCUPIED OR DESIGNED TO BE OCCUPIED BY ONE OR MORE PERSONS FOR LIVING, EATING OR SLEEPING, BUT NOT INCLUDING TOILETS, LAUNDRIES, SERVING AND STORAGE SPACE, CORRIDORS, CELLARS, HALLS AND SPACES NOT USED FREQUENTLY OR DURING EXTENDED PERIODS. 2. INFESTATION SHALL MEAN THE PRESENCE OF HOUSEHOLD PESTS, VERMIN OR RODENTS ON THE PREMISES. 3. OWNER SHALL MEAN ANY PERSON WHO, ALONE OR JOINTLY, OR SEVERALLY WITH OTHERS: A. SHALL HAVE LEGAL TITLE TO ANY DWELLING OR DWELLING UNIT; OR B. SHALL HAVE CHARGE, CARE OR CONTROL OF ANY DWELLING OR DWELLING UNIT, AS OWNER OR AGENT OF THE OWNER, OR GUARDIAN OF THE ESTATE OF OWNER. 4. ENFORCING OFFICER SHALL MEAN THE HEALTH DIRECTOR OR HIS AUTHORIZED REPRESENTATIVE. 5. DWELLING SHALL MEAN ANY BUILDING WHICH IS WHOLLY OR PARTLY USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS. 6. DWELLING UNIT SHALL MEAN ANY ROOM OR GROUP OF ROOMS FORMING A SINGLE HABITABLE UNIT WITH FACILITIES WHICH ARE USED OR INTENDED TO BE USED FOR LIVING, SLEEPING, COOKING AND EATING. 7. PREMISES SHALL MEAN ANY LAND, TOGETHER WITH ANY BUILDINGS OR STRUCTURES OCCUPYING IT. 8. PLUMBING SHALL MEAN ALL GAS PIPES OR BURNING EQUIPMENT, WASTE PIPES, WATER PIPES, WATER CLOSETS, SINKS, LAVATORIES, BATHTUBS, CATCHBASINS, DRAINS, VENTS OR OTHER FIXTURES, TOGETHER WITH THEIR CONNECTIONS TO THE WATER, SEWER OR GAS LINES. 9. 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. 10. ROOMING HOUSE SHALL MEAN ANY DWELLING, OR THAT PART OF ANY DWELLING CONTAINING ONE OR MORE ROOMING UNITS, IN WHICH SPACE IS LET 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. 11. 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. 12. GRADE WITH REFERENCE TO A BUILDING SHALL MEAN, 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. 13. CELLAR: A STORY HAVING MORE THAN ONE-HALF ITS HEIGHT BELOW GRADE. 14. BASEMENT: A STORY HAVING PART BUT NOT MORE THAN ONE-HALF OF ITS HEIGHT BELOW GRADE. A BASEMENT IS COUNTED AS A STORY FOR THE PURPOSE OF HEIGHT REGULATIONS IF SUBDIVIDED AND USED FOR BUSINESS OR DWELLING PURPOSES BY OTHERS THAN A JANITOR EMPLOYED ON THE PREMISES. 15. EXTERMINATION SHALL MEAN THE CONTROL AND ELIMINATION OF INSECTS, RODENTS, OR OTHER PESTS BY ELIMINATING THEIR HARBORAGE PLACES; BY REMOVING OR MAKING INACCESSIBLE MATERIALS THAT MAY SERVE AS THEIR FOOD; BY POISONING, SPRAYING, FUMIGATING, TRAPPING; OR BY ANY OTHER RECOGNIZED AND LEGAL PEST ELIMINATION METHODS APPROVED BY THE ENFORCING OFFICER. 16. 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. 17. ORDINARY MINIMUM WINTER CONDITIONS SHALL MEAN THE TEMPERATURE 20° F. ABOVE THE LOWEST RECORDED TEMPERATURE FOR THE PREVIOUS FIFTEEN (15) YEAR PERIOD.