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2. Every opening to a basement or cellar which might afford an entry for rodents shall be barred with
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<br />a strong screen or sash, or such other device as will prevent such entry.
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<br />Section 37.1-15. Stairways:
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<br />Every inside and outside stair and handrail and every porch handrail shall be so constructed and maintained
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<br />as to be safe and capable of supporting the maximum load that normal use may cause to be placed thereon.
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<br />Section 37.1-16. Interruption of Utilities and Services:
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<br />No owner, agent or occupant shall cause any service, facility, equipment or utility which is required under this ordinance
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<br /> to be removed from, shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as
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<br /> may be necessary while actual repairs or alterations are in progress, or during temporary emergencies when discontinuance
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<br /> of service is approved by the Enforcing Officer.
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<br />ARTICLE 7
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<br />ROOMING HOUSES, LODGING HOUSES, AND HOTELS
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<br />Section 37.1-17. Minimum Standards:
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<br />No person shall operate a rooming house, lodging house or hotel unless such building or buildings conforms with the provisions
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<br /> of this ordinance for dwellings except that the following requirement for certain equipment and facilities shall be substituted for
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<br /> the provision set forth in Section 37.1-5:
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<br />“At least one flush water closet, lavatory basin, bathtub or shower, properly connected to a water and sewerage system approved
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<br /> by the Enforcing Officer and in good working condition shall be supplied for each eight (8) persons or fraction thereof,
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<br /> including members of the operator’s family wherever they share the use of said facilities. Every lavatory basin and bathtub
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<br /> or shower shall be supplied with hot water at all times.”
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<br />All such facilities shall be located within the dwelling so as to be reasonably accessible from a common hall or
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<br /> passageway to all persons sharing such facilities.
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<br />Section 37.1-18. Permit Required:
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<br />No person shall operate a rooming house, lodging house or hotel unless he holds a valid permit issued by the Enforcing Officer
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<br /> which states that the operator has complied with the applicable provisions of this ordinance.
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<br />This permit shall be displayed in a conspicuous place at all times. No permit shall be transferable.
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<br />Any person who sells, transfers, gives away or otherwise disposes of ownership of, an interest in, or control of any rooming house,
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<br /> lodging house or hotel shall give notice in writing to the Enforcing Officer within (48) hours. Such notice shall include the
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<br /> name and address of the person succeeding to the ownership or control of such rooming house, lodging house or hotel.
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<br />Every permit shall expire at the end of one year following its date of issuance, unless otherwise suspended or revoked.
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<br />Section 37.1-19. Suspension of Permit:
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<br />Whenever upon inspection of any rooming house, lodging house or hotel, the Enforcing Officer finds that conditions or practices
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<br />exist which are in violation of this ordinance or of any regulation adopted pursuant thereto, the Enforcing Officer shall give notice
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<br /> in writing to the operator that unless such conditions and practices are corrected in a reasonable length of time, to be determined
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<br /> by the Enforcing Officer, but not less than (30) days, the operator’s permit will be suspended.
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<br />At the end of such period the Enforcing Officer shall reinspect such rooming house, lodging house or hotel, and if he finds that such
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<br /> conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter’s permit has been suspended.
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<br />Section 37.1-20. Hearing on Suspended Permit:
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<br />Any person whose permit has been denied, suspended, or who has received notice from the Enforcing Officer that his permit
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<br /> is to be suspended unless existing conditions or practices are corrected, may petition for a hearing and shall be granted a
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<br /> hearing before the Housing Board of Adjustments and Appeals, provided that if no petition is filed within ten (10) days following
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<br /> the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
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<br />ARTICLE 8
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<br />ADMINISTRATIVE POWERS AND PROCEDURES
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<br />Section 37.1-21. Inspection of Premises:
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<br />The Enforcing Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units,
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<br />rooming houses and premises located within the City of Charlottesville.
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<br />For this purpose the Enforcing Officer, or his representative duly designated, is authorized to exercise such powers as may be
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<br /> necessary and convenient to carry out the purposes and provisions of this Chapter, including the following additional powers:
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<br />1. To investigate dwelling conditions in the City of Charlottesville; and
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<br />2. To enter upon premises for the purpose of making inspections, provided that such entries shall be made in such manner as to
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<br /> cause a minimum of inconvenience to persons in possession.
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<br />Section 37.1-22. Notice of Violation:
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<br />Whenever the Enforcing Officer determines that there has been a violation of any provision of this ordinance, he shall give
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<br /> written notice of each violation to the person or persons responsible therefor and order compliance with the ordinance, as
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<br />hereinafter provided. Such notice and order shall:
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<br />1. Include a list of alleged violations, together with a copy of the sections of this ordinance violated and remedial action, which, if taken,
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<br />will effect compliance with the provisions of this ordinance.
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<br />2. Allow a reasonable time for the performance of any act it requires; such time allowed shall not be less than thirty (30)
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<br />days after the notice is properly served.
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<br />3. Be served upon the owner or occupant, as the case may require; provided, that such notice shall be deemed to be
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<br />properly served upon such owner or occupant if a copy thereof is served upon him personally; or by registered mail to
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<br /> his last known address shown on the Land Books of this City for the year preceding, and by posting in a conspicuous
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<br /> place on or about the premises affected, a copy of such notice or order.
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<br />If the whereabouts of such person is unknown and the same cannot be ascertained by the Enforcing Officer in the
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<br />exercise of reasonable diligence, the Enforcing Officer shall make affidavit to that effect and cause to be published
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<br /> in a newspaper published in this City a copy of the said notice once a week for two consecutive weeks.
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<br />Section 37.1-23. Hardships:
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<br />Where the literal application of the requirements of this Code would cause undue hardship, an exception may be
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<br /> granted by the Housing Board upon written application therefor.
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<br />Such application shall state the reasons why the exception should be granted.
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<br />Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is
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<br /> assured, and such exception shall be conditioned in such a manner as to achieve that end.
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<br />Such conditions may include restrictions not generally specified by this ordinance.
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<br />Section 37.1-24. Housing Board of Adjustments and Appeals:
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<br />1. Appointment.
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<br />There is hereby established in the City a board to be called the Housing Board of Adjustments and Appeals, which
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<br />shall consist of five (5) members appointed by the City Council.
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<br />2. Term of Office.
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<br />Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a
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<br /> term of three years, and thereafter they shall be appointed for a term of four years.
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<br />Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made.
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<br />Continued absence of any member from regular meetings of the Board shall, at the discretion of the City Council, render
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<br /> such member liable to immediate removal from office.
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<br />No member shall serve more than two consecutive four-year terms.
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<br />3. Quorum.
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<br />Three members of the Board shall constitute a quorum.
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<br />In varying the application of any provisions of this Code or in modifying an order of the Enforcing Officer, affirmative
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<br /> votes of the majority present, but not less than three affirmative votes, shall be required.
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<br />No Board member shall act in a case in which he has a personal interest.
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<br />4. Procedure.
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<br />The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code.
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<br />The Board shall meet at regular intervals, to be determined by the Chairman, or in any event, the Board shall meet within
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<br /> ten days after notice of appeal has been received.
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<br />5. Appeals — Time Limit.
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<br />a. Whenever it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been
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<br />misconstrued or wrongly interpreted, the owner, or his duly authorized agent, may appeal from the decision of the Enforcing
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<br /> Officer to the Housing Board of Adjustments and Appeals.
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<br />Notice of appeal shall be in writing and filed within forty-five (45) days after the decision is rendered by the Enforcing Officer.
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<br />b. In case of a building or structure which, in the opinion of the Enforcing Officer, is unsafe or dangerous, the Enforcing Officer
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<br />may, in his order, limit the time for such appeal to a shorter period.
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<br />Appeals hereunder shall be on forms provided by the Enforcing Officer.
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