This article shall be known as the “Minimum Standard for Housing and Premises Code,” and will be referred to herein as “this code.”

(Ord. 2091, Sec. 1)

Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living in separate apartments and all premises, either residential or non-residential, shall conform to the requirements of this article.

(Ord. 2091, Sec 2)

The governing body declares the purpose of this article is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and public-owned structures or dwellings, and all premises for the purpose of sanitation and public health and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings, structures and premises now in existence or hereafter constructed or developed and which legislation:

(a)   Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy, and for safe and sanitary maintenance;

(b)   Determines the responsibilities of owners, operators and occupants.

(c)   Provides for the administration and enforcement thereof.

(Ord. 2091, Sec. 3)

The following definitions shall apply to the enforcement of this article:

(a)   Basement shall mean a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

(b)   Cellar shall mean a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

(c)   Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants: provided, that temporary housing hereinafter defined shall not be regarded as a dwelling.

(d)   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 and eating.

(e)   Habitable Dwelling shall mean any structure or part thereof that shall be used as a home or place of abode by one or more persons.

(f)    Habitable Room shall mean a room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls and storage places, or other similar places, not used by persons for extended periods.

(g)   Infestation shall mean the presence, within or around a dwelling, of insects, rodents, or other pests.

(h)   Multiple Dwelling shall mean any dwelling containing more than two dwelling units.

(i)    Occupant shall mean any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.

(j)    Operator shall mean any person who has charge, care, owns, or has control of a premise or of a building or structure or part thereof, in which dwelling units or rooming units are let.

(k)   Owner shall mean any person, firm, or corporation, who jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling unit or premises within the city as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owner of such property within the true intent and meaning of this article and shall be bound to comply with the provisions of this article to the same extent as the record owner and notice to any such person shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the record owner or owner of such property.

(1)   Person shall mean and include any individual, firm, corporation, association or partnership.

(m)  Plumbing shall mean and include all of the following supplied facilities and equipment gas or fuel pipes, gas or fuel burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer, gas or fuel lines.

(n)   Premise shall mean any lot or land area, either residential or non-residential, not covered by a structure and which is subject to a city tax in part or in whole.

(o)   Public Officer shall mean the City Code Official and/or his or her designate agent or any certified law enforcement officer acting in their official capacity.

(p)   Rooming House shall mean any dwelling, or that part of a 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 and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

(q)   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.

(r)    Refuse. For the purpose of this article refuse shall include garbage and trash.

(1)   Garbage shall mean any accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, cooking of, delivering of, or storage of meats, fish, fowl, fruit or vegetable.

(2)   Trash (Combustible). For the purpose of this article combustible trash shall mean waste consisting of papers, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding and leaves, or any other combustible materials.

(3)   Trash (Non-Combustible). For the purpose of this article non-combustible trash shall mean waste consisting of metals, tin cans, glass, crockery, other mineral refuse and ashes and street rubbish and sweepings, dirt, sand, concrete scrap, or any other non-combustible material.

(s)   Structure shall mean anything constructed or erected on the ground or attached to something having a location on the ground.

(t)    Supplied shall mean paid for, furnished, or provided by or under the control of, the owner or operator.

(u)   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, house or building or another structure, or to any utilities system on the same premises for more than 30 consecutive days, except when located in a mobile home court duly licensed under laws of the city.

(v)   Words - Meanings. Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” “premises,” are used in this article, they shall be construed as though they were followed by the words “or any part thereof,”

(Ord. 2091, Sec. 4)

(a)   It shall be the duty of the owner of every occupied or unoccupied dwelling, building and premises or vacant premise, including all yards, lawns and courts to keep such property clean and free from any accumulation of filth, rubbish, garbage, or any similar matter as covered by Sections 7-906 and 7-907.

(b)   It shall be the duty of each occupant of a dwelling unit to keep in clean condition the portion of the property which he or she occupies and of which he or she has exclusive control, to comply with the rules and regulations, to place all garbage and refuse in property containers. Where care of the premise is not the responsibility of the occupant then the owner is responsible for violations of this article applicable to the premise.

(c)   If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all garbage and trash.

(d)   Every occupant 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 or her dwelling unit is the unit primarily infested.

(e)   Notwithstanding, the foregoing provisions of this article, whenever infestation is caused by failure of the owner to maintain a dwelling in a vermin proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner and operator.

(f)    Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any swelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

(Ord. 2091, Sec. 5)

No person shall let, rent or lease to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements. The following requirements are hereby declared essential to the health and safety of the occupants of such dwelling or dwelling unit:

(a)   Attached Garages or Non-dwelling Areas. All non-dwelling occupancies shall be separated from the dwelling unit by a fire resistant wall and if the dwelling and garage are covered by a common or connecting roof, then the ceiling also must have a fire resistance rating of not less than one hour as defined in the building code.

(b)   Basement or Cellar. The basement or cellar of any dwelling shall be reasonably dry and ventilated and shall be kept free from rubbish accumulation.

(c)   Basement Dwelling Units. The use of basements or cellars for dwelling units is prohibited unless they comply with Section 7-906(q) governing ventilation, provided however, if occupied at the time of the passage of this article and if it complies with all other provisions of this article, the public officer may approve less than the required windows, if in his or her opinion, the window area is not detrimental to the occupants.

(d)   Bathing Facilities. Every dwelling unit shall contain within a room which affords privacy to a person in the room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system.

(e)   Boarding and Rooming Houses. No room shall be used for sleeping purposes unless the ceiling height is at least seven feet and there are at least 400 cubic feet of air space for each occupant over six years of age. For sleeping rooms with sloping ceilings, the ceiling height shall be at least seven feet over at least 50 percent of the floor area.

(1)   Bathing facilities shall be provided in the form of a tub or shower for each eight occupants. Separate facilities shall be provided for each sex and plainly marked.

(2)   A flush water closet shall be provided for each six occupants and shall be separated with the separate access from bathing facilities if more than four occupants are served by each. Separate facilities shall be provided for each sex and shall be plainly marked.

(f)    Drainage. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pooling of the water thereon. Properly constructed wading and swimming pools and fish ponds are exempted from this article.

(g)   Entrances.

(1)   For each dwelling unit, there shall be a normally used separate access either to a hallway, stairway, or street, which is safe and in good repair.

(2)   A secondary exit to the ground, through windows, porch roofs, ladders or any combination thereof that is free of hazard or egress, shall be available in case of fire.

(h)   Floor Area Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of room area utilizing inside measurements. No floor space shall be included in determining habitable room area over which the ceiling is less than seven feet above the floor for the purpose of this subsection.

(i)    Garbage and Trash Receptacles. Every dwelling and every dwelling unit shall be provided with such receptacles, not exceeding 32 gallon capacity, as may be necessary to contain all garbage and trash and such receptacles shall at all times by maintained in good repair.

(j)    Heating Every dwelling and every dwelling unit shall be so constructed, insulated, and maintained and be provided by owner or occupant with heating units so that it is capable of reaching an air temperature of 70 degrees. Fahrenheit under ordinary winter conditions. The chimney of the dwelling or dwelling unit shall be maintained in good order, and the owner of the approved heating equipment shall maintain it in good order and repair.

(k)   Kitchen Sink. In every dwelling unit containing two or more rooms, there shall be at least one kitchen sink with public water under pressure and connected to the public sewer, or if that sewer system is not available, to a sewage disposal system approved by the city health department.

(l)    Lavatory Facilities. Every dwelling unit shall contain within its walls a lavatory basin in good working condition and properly connected to an approved water and sewer systems and located in the same room as the required flush water closet or as near to the room as practicable.

(m)  Lighting. Every habitable room shall have a ceiling electric outlet and a duplex outlet in wall or floor, or at least two wall or floor outlets.

(n)   Lighting of Toilets and Bathrooms. Every toilet and every bathroom in every dwelling shall have at least one electric light in either the ceiling or on the wall.

(o)   Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order.

(p)   Toilet Facilities. There shall be at least one flush water closet in good working condition for each dwelling unit, which flush water closet shall be located within the dwelling and in a room which affords privacy.

(q)   Ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows that open directly to the outside air and the total area of such window or windows shall be not less than five percent of the floor area of such room. An approved system of mechanical ventilation or air conditioning may be used in lieu of operation windows. Such system must be in proper working order.

(r)    Water Heating Facilities. Every dwelling shall have supplied water heating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condition and are properly connected with the hot water lines to the kitchen sink, lavatory and bathtub or shower.

(s)   Windows and Doors. Every window and exterior door shall be reasonably weather-tight, lockable, and rodent-proof and shall be kept in good working condition and good repair.

(Ord. 2091, Sec. 6)

Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls, and ceilings shall be kept in good repair and usable conditions.

(Ord. 2091, Sec. 7)

After receiving a complaint or if the public Code Enforcement Officer has reasonable suspicion that a violation of this article has occurred or is occurring, the public Code Enforcement Officer or his or her authorized agent is hereby authorized to make an inspection of any designated rental unit within the City of Beloit to determine the condition, use, and occupancy of the rental unit.

(Ord. 2091, Sec. 8; Ord. 2139; Code 2016)

(a)   The governing body shall serve upon the occupant, owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the code officer to be in violation of Section 7-905, 7-906, and/or 7-907 an order stating the violation. The order shall be served on the occupant, owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.

(b)   If the occupant, owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate the violations from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(K.S.A. 12-1617e. Ord 2091, Sec. 9)

The order shall state the condition(s) which is (are) in violation of Section 7-905, 7-906 and/or 7-907. The notice shall also inform the person, corporation, partnership or association that

(a)   He, she or they shall have 60 days from receipt of the order to abate the condition(s) in violation of Section 7-905, 7-906 and/or 7-907, or

(b)   He, she or they have 10 days from receipt of the order to request a hearing before the governing body or its designated representative of the matter as provided by Section 7-913,

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 7-911 and/or abatement of the condition(s) by the city as provided by Section 7-912.

(Ord. 2091, Sec. 10)

Should the person fail to comply with the notice to abate the violation(s) or request a hearing, the code officer may file a complaint in the municipal court of the city against such person and upon conviction of any violation of provisions of Section 7-905 and/or 7-906, be fined in the amount no less than $100 nor more than $1,000 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord. 2091, Sec. 11)

In addition to, or as an alternative to prosecution as provided in Section 7-911, the code officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been sent pursuant to Section 7-909 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in Section 7-910, the public officer may present a resolution to the governing body for adoption authorizing the code officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution.

The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the violation(s) was located as provided in Section 7-914. A copy of the resolution shall be served upon the person in violation in one of the following ways:

(a)   Personal service upon the person in violation;

(b)   Service by certified mail, return receipt requested; or

(c)   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the code officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.

(d)   If the occupant, owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(Ord. 2091, Sec. 12)

If a hearing is requested within the 10 day period as provided in Section 7-910, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the matter provided in Section 7-910.

(Ord. 2091, Sec. 13)

If the city abates or removes the violations pursuant to Section 7-912, the city shall give notice to the occupant, owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city may also recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the repair or abatement is not paid within the 30-day period, the cost of the abatement or repair shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the violation was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(Ord. 2091, Sec. 14)