19800909 1980-14 /AW OFF[CE~
CHE$5, DU RRE't'TE
& ROEO£R. P.C.
3900 UNIVERSITY DRIVE
FAIRFAX, VIRGINIA 22030
ORDINANCE NO. 1980 - 14
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, PROVIDING FOR THE PROTECTION OF THE PUBLIC
HEALTH, SAFETY AND WELFARE BY ESTABLISHING MINIMUM
STANDARDS FOR THE CONDITION AND MAINTENANCE OF HOUSING,
DWELLINGS, DWELLING UNITS AND ROOMING HOUSES AND FACIL-
ITIES THEREIN, PROHIBITING SUBSTANDARD CONDITIONS, PRO-
VIDING FOR THE REPAIR, ALTERATION, VACATION, PLACARDING
AND DEMOLITION OF NUISANCES, HOUSING, DWELLINGS, OR D~LL-
ING UNITS AND THEIR FACILITIES, PROVIDING FOR APPEALS TO
THE BOARD OF HOUSING HYGIENE, PROVIDING FOR ENFORCEMENT
AND PROVIDING PENALTIES FOR VIOLATIONS.
~{EREAS, there are, or may exist in the future, dwellings
and dwelling units in the City of Fairfax, Virginia, which are
unhygienic, unsanitary, unsafe, dangerous and public nuisances,
and
WHEREAS, such conditions adversely affect public health,
safety and general welfare, and
WHEREAS, adequate protection of the public health, safety
and welfare require the establishment and enforcement of
minimum housing standards, therefore
THE CITY COUNCIL OF FAIRFAX HEREBY ORDAINS:
Section 1. That The Code of the City of Fairfax,
Virginia, 1953, as amended, be and the same hereby is amended
by adding thereto a Chapter 11 to read as follows:
CHAPTER 11
HOUSING, MINIMUM STANDARDS
ARTICLE I. Short Title
SEC. 11-1 Definitions
This chapter shall be known as and may be cited as the
"Minimum Housing Hygiene Standards Code of the City of Fairfax,
Virginia."
SEC. 11-2 General Provisions
The provisions of this Ordinance shall apply uniformly to
the maintenance, use and occupancy of all dwellings and related
structures, where applicable, and shall apply uniformly to the
alteration, repair, equipment, use, occupancy and maintenance
of all existing residential buildings and structures, within
the City of Fairfax, irrespective of when or under what code or
1980-14
-2-
codes such buildings or structures were originally constructed
or rehabilitated.
SEC. 11-3 Definitions
For the purpose of this chapter the words "used for"
include "designed for," and vice versa; words used in the
present tense include the future; words in the singular number
include the plural number and vice versa; the word "building"
includes the word "structure," the word "dwelling" includes the
word "residence;" the word "lot" includes the word "plot;" the
word "shall" is mandatory and not directory; "premises" shall
mean lot and "appurtenances thereon;" and the words "dwelling,"
"dwelling unit," "rooming house," "rooming unit," and "premises,"
when they are used in this chapter, shall be construed as
though they were followed by the words "or any part thereof;"
and the following phrases, and words shall have the meaning
assigned below, except in those instances where the context
clearly indicates a different meaning.
Comply with the appropriate laws in regard
Approved:
thereto;
Basement:
A portion of a building located partly under-
ground, but having less than half its clear floor-to-ceiling
height below the average grade of the adjoining ground.
Cellar: A portion of a building located partly or wholly
underground and having more than half of its clear floor-to-
ceiling height below the average grade of the adjoining ground.
Health Officer: The City Health Officer of the City of
Fairfax, Virginia as designated by the City Council or City
Manager, and the City Health officer's authorized representative.
Dwelling: A building containing only dwelling or rooming
units. The term "dwelling," or any combination thereof, shall
not be deemed to include rooming house, motel, hotel, hospital
or other accommodations used for more or less transient occupancy
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.
1980-14
-3-
Extermination: The control and elimination of insect,
rodents, vermin, 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 Health Officer.
Garbage: The animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food and any
other putrescrible material.
Habitable Room: A room or enclosed floor space used or
intended to be used for living, sleeping, cooking or eating
purposes, excluding kitchens, bathrooms, water closet compart-
ments, laundries, pantries, foyers, communicating corridors,
closets, storage spaces and recreation rooms.
Infestation: The presence within or around a dwelling of
insects, rodents, or vermin.
Multiple Dwelling: Any dwelling containing two (2) or
more dwelling units.
Occupant: Any person in control of or in actual possession
of or who actually occupies, lives, sleeps, cooks, or eats in a
dwelling, dwelling unit or habitable room. The occupant may be
the same person as the owner.
Operator: Any person who has charge, care, or control of
a dwelling or building, or part thereof, in which dwelling
units or rooming units are let.
Ordinary Minimum Winter Conditions: Outside temperature
of ten (10) degrees Fahrenheit.
Owner: Any person who, alone or jointly or severally
with others has legal or equitable title, excluding
trustees of a deed of trust, to any dwelling, dwelling
unit, rooming house, rooming unit or habitable room,
with or without accompanying actual possession thereof.
For the purposes of this chapter the term "Owner
shall include "Owner's agent" as defined below:
1980-14
-4-
Owner's Agent: Any person having charge, care, or
control of any dwelling, dwelling unit, rooming
house, rooming unit or habitable room, as owner or
agent of the owner, including resident manager,
property manager or persons in similar positions
or an executor, executrix, administrator, admin-
istratrix, trustee or guardian of the estate of
the owner. Any such persons thus representing
the actual owner shall be bound to comply with
the provisions of this chapter to the same extent
as if he were the owner.
Person: Any person, individual, firm, corporation, associa-
tion, or partnership.
Plumbing: All supplied gas pipes, gas-burning equipment,
water pipes, garbage disposal units, waste pipes, house drains
and sewers, water closets, sinks, installed dishwashers, lav-
atories, bathtubs, shower baths, installed clothes-washing
machines, catch basins, drains, vents and any other similar
supplied fixtures, together with all connections to water,
sewer, or gas lines.
Rooming House: Any dwelling Containing, in addition to
living space for operator and family, sleeping accommodations
for not more than eight nontransient persons, and further the
term shall include fraternity and sorority houses without
limitation as to the number of sleeping accommodations. Meals
may be served to persons living on the premises.
Rooming Unit: Any room or group of rooms forming a single
habitable unit used or intended to be used for living or sleeping
but not for cooking or eating purposes.
Rubbish: Combustible and noncombustible waste materials,
except garbage; including but not limited to the residue from
the burning of wood, coal, coke and other combustible material,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery, dust and like matter.
1980-14
Supplied:
-5-
Paid for, furnished or provided by or under the
control of the owner or operator.
ARTICLE II. Standards for Basic Facilities
SEC. 11-4 Sinks, Flush Water Closets, Lavatory Basins,
Bathtubs, and Hot I,.~ater.
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or if the dwelling contains more
than one dwelling unit, any dwelling unit therein, which does
not comply with the following requirements:
(a) Contain a kitchen sink in good working condition and
properly connected to an approved water and sewer
system.
(b) Contain a room (which affords privacy to a person
within said room) which is equipped with a flush
water closet and a lavatory basin in good working
condition and properly connected to any approved
water and sewer syste~.
(c) Contain, within a room (which affords privacy to a
person within said room,) a bathtub or shower in good
working condition and properly connected to an approved
water and sewer system.
(d) Every kitchen sink, lavatory basin, and bathtub, or
shower required under the provisions of (a), (b), and
(c) above shall be properly connected with both hot
and cold water lines.
(e) Every dwelling or dwelling unit shall have supplied
waterheating facilities which are properly installed,
are maintained in safe and good working condition,
are properly connected with the hot water lines
required under the provisions of (d) above, and are
capable of heating water to such temperature as to
permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub or shower
at a temperature of not less than 120° Fahrenheit or
the temperature specified in the BOCA Code, whichever is
less.
1980-14
-6-
(f) Every dwelling or dwelling unit shall contain a
cooking unit composed of installed surface units
and an oven, and refrigeration facilities capable
of maintaining food at forty-five (45°) degrees
Fahrenheit or less.
ARTICLE III. Standards for Light, Heating and Ventilation
SEC. 11-5 Habitable Rooms, Bathrooms, Public Halls,
Stairways, and Screens
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or dwelling unit which does not
comply with the following requirements:
(a) Every habitable room shall have at least one (1)
window or skylight facing directly to the outdoors.
The minimum total window and door glass area for
every habitable room shall be ten (10%) percent of the
floor area of such room. Not less than one-half of
the required glass area shall be openable. Wherever
walls or other portions of structure face a window of
of any such room and such light-obstruction structures
are located less than three (3) feet from the window
and extend to a level above that of the ceiling of
the room, such 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 skylight shall equal at least fifteen
(15%) percent of the total floor area of such room;
provided, that rooms opening on enclosed perches or
rooms lighted through sun porches where such porches
are at least seventy (70%) percent glazed and the
glazed area of the exterior wall is equal to one-fourth
1980-14
-7-
of the floor area of the porch, plus twice the required
area of windows opening into the habitable rooms and
where fifty (50%) percent of the glazed areas are
openable, such rooms shall be deemed to have adequate
light and ventilation.
(b) 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 be equal to at least 45% of the minimum window
area size or minimum skylight-type window size, as
required in (a) above, except where there is supplied
some other device affording adequate ventilation and
approved by the Health Officer.
(c) Every dwelling shall have heating facilities which
are properly installed, are maintained in safe and
good working condition, and are capable of safely
and adequately heating all habitable rooms, bathrooms,
and water closet compartments in every dwelling unit
located therein to a temperature of at least 68°
Fahrenheit, at a distance three feet above floor
level, under ordinary minimum winter conditions.
Where heat is furnished to a dwelling unit or rooming
unit by a landlord, agent or person in possession,
the minimum temperature of 68° Fahrenheit shall be
maintained at all times, except during the hours of
midnight to 5:00 o'clock a.m., when the temperature
may be reduced to not less than 62° Fahrenheit. ~ere
space-heating facilities are used they must meet the
fol lowing requirements:
(1) Not use gasoline as fuel.
(2) Not be of the portable type if using solid, liquid,
or gaseous fuel.
1980-14
-8-
(3) If employing a flame, be connected to the fuel or
vent in the manner required by the statutes,
ordinances and regulations of the State and the
City.
(4) If employing solid or liquid fuels, have a fire-
resistant panel beneath it.
(5) Be located and installed with clearance from
combustible material and with accessibility for
maintenance and repair as required by the statutes,
ordinances and regulations of the State and the
City.
(6) If employing gaseous fuel, be equipped with other
than rubber tube or armored rubber tube connector.
(7) If employing electricity, be connected to an electric
circuit of adequate capacity in an approved manner.
(8) Be installed and operated in the manner required
by the statutes, ordinances and regulations of the
of the State and City.
(9) Where appliances are installed in a tightly closed
room, provisions shall be made to furnish necessary
ventilation.
(d) Every bathroom, water closet compartment and
kitchen shall comply with the light and ventilation
requirements for habitable rooms contained in (a)
and (b) above, except that no window or skylight
shall be required in adequately ventilated bathrooms,
water closets compartments and kitchens equipped with
a ventilation system which is kept in continuous
operation when such is in use and which is approved
by the Health Officer.
(e) Every public hall and stairway in every multiple
dwelling shall be adequately lighted at all times.
Every public hall and stairway in structures devoted
solely to dwelling occupancy and containing not more
1980-14
-9-
than two dwelling units may be supplied with conven-
iently located light switches, controlling an adequate
lighting system which may be turned on when needed,
instead of full-time lighting.
(f) Every openable window to outside space shall be
supplied with screens. Where doors are used as a
component of the ventilation area required in
Section 11-5 (a) they shall be provided with
screens. Screens required under this Section
shall be in place between April 1 and November 1.
(g) Every basement or cellar window used or intended to
be used for ventilation, and every other opening to
a basement which may provide an entry for rodents,
shall be supplied with a screen or such other device
as will effectively prevent their entrance.
(h) Where there is electric service from power lines
which are not more than three hundred (300') feet
from a dwelling, electric service shall be
required to be installed in such dwelling.
Every dwelling or dwelling unit in which electric-
ity is installed shall have an adequate and safe
electrical system as determined by the Chief
Building and Electrical Inspector of the City.
Where additions or remodeling of the system are
required, the system shall be brought into con-
formity with the City Electrical Code.
ARTICLE IV. Standards for S~ace, Use, and Location
SEC. 11-6 Floor Space, Ceiling Height, Cellar Space,
Basement Space and Means of Egress
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or dwelling unit which does not
comply with the following requirements:
(a) Every dwelling unit shall contain at least 150
square feet of floor space for the first occupant
over the age of seven years and at least 100
1980-14
-10-
additional square feet of floor space for every
additional occupant over the age of seven years, the
floor space to be calculated on the basis of total
habitable room area. For occupants under the age
of seven years, every dwelling unit shall contain at
least 150 square feet of floor space for the first
two such occupants and at least 70 additional square
feet for each two additional such occupants.
(b) In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant
over the age of seven years shall contain at least
70 square feet of floor space, and every room occupied
for sleeping purposes by more than one occupant over
the age of seven years shall contain at least 50 square
feet of floor space for each occupant thereof. The
reference in subsection (a) above to space of occupants
under the age of seven years shall also apply to this
section.
(c) At least one-half of the floor area of every habitable
room shall have a ceiling height of a least seven feet
six inches (7' 6"); and the floor area of that part of
any room where the ceiling height is less than five feet
six inches (5' 6") shall not be considered as part
of the floor area in computing the total floor area of
the room for the purpose of determining the maximum
permissible occupancy thereof.
(d) No cellar space shall be used as a habitable room or
dwelling unit.
(e) No basement space shall be used as a habitable room
or dwelling unit unless
(1) The floor and walls are impervious to leakage
of underground and surface runoff water and are
insulated against dampness;
(2) The total window area in each room is equal
to at least the minimum window area sizes as
1980-14
-11-
required in paragraph (a), Section 11-5 of this
chapter.
(3) Such required minimum window area is located
entirely above the grade of the ground adjoining
such window area; and
(4) The total of openable window area in each room
is equal to at least the minimum as required
under paragraph (b), Section 11-5 of this chapter,
except where there is supplied some other device
affording adequate ventilation, sanctioned by
the Health Officer.
(f) Every dwelling and dwelling unit shall have a safe,
unobstructed means of egress leading to safe and open space at
ground level.
ARTICLE V. Standards for Safe and Sanitary Maintenance
of Dwellings, Dwelling Units, Premises and Parts thereof
SEC. 11-7 Foundations~ Floors, Walls, Ceilings, Basements,
Windows, Doors, Hatchways, Stairs, Porches, Plumbin.~
Fixtures, Utilities, and Equipment and Facilities
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or dwelling unit which does not
comply with the following requirements:
(a) Every foundation, floor, wall, ceiling, and roof
shall be reasonably weathertight, watertight and rodentproof;
shall be capable of affording privacy; and shall be kept in
good repair. Good repair shall be deemed to include sanitary
maintenance and reasonable protection of exposed interior and
exterior surfaces. Any portion of a building or structure
located below grade, including but not limited to basement or
cellar, shall be kept dry and free of standing water.
(b) Every window, exterior door, and basement hatchway
shall be reasonably weathertight, watertight and rodentproof;
and shall be kept in sound working condition and good repair.
(c) Every inside and outside stair, every porch, and
every appurtenance thereto shall be so constructed as to be
safe to use and capable of supporting the load that normal use
1980-14
-12-
may cause to be placed thereon; and shall be kept in good sound
condition and good repair.
(d) Every plumbing fixture and water and waste pipe shall
be properly installed and maintained in good sanitary working
condition, free from defects, leaks and obstructions, and in
accordance with the requirements of all laws relating to their
installation and maintenance.
(e) Every water closet compartment floor surface and
bathroom floor surface shall be constructed and maintained so
as to be reasonably impervious to water and so as to permit
such floor to be easily kept in a clean and sanitary condition.
(f) Every supplied facility, piece of equipment or utility
shall be so constructed or installed that it will function
safely and effectively, and shall be maintained in satisfactory
working condition.
(g) No owner, operator or occupant shall cause any service,
fadility, equipment, or utility which is required under this
chapter to be removed from or shut off from or discontinued for
any occupied dwelling let or occupied by him, except for such
temporary interruption as may be necessary while actual repairs
or alterations are in process, or during temporary emergencies
when discontinuance of service is sanctioned by the Health
Officer.
(h) Every dwelling, dwelling unit, premises and part
thereof shall be maintained in such a manner as to effectively
eliminate safety hazards. Safety hazards shall include, but
not be limited to, open wells, pits, unsafe stairwells, dilap-
idated outbuildings and including materials remaining as a
result of demolition.
ARTICLE VI,. Rooming Houses
SEC. 11-8 Permits to O~erate
No person shall conduct, keep, manage, operate, or cause
to 'be conducted, kept, managed or operated any rooming house
within the City of Fairfax without having first obtained and
kept in force a valid special use permit issued by the City
1980-14
-13-
Council pursuant to the Zoning Ordinance. Each rooming house
shall have a separate special use permit, and the permit shall
at all times be displayed in a conspicuous place within the
rooming house. No special use permit shall be transferable and
every such permit shall be valid for a term to be established
by the City Council. Every person holding such a permit shall
give notice in writing to the Zoning Administrator of the City
of Fairfax at least twenty-four hours before selling, trans-
ferring, giving away, or otherwise disposing of ownership of,
interest in, or control of any rooming house.
In addition to the required special use permit, no person
shall conduct, keep, manage, operate or cause to be conducted,
kept, managed or operated any rooming house within the City
without having obtained and kept in force a valid permit issued
by the City Health Officer. The Health Officer shall issue
such permit after determining that the rooming house complies
with the provisions of this chapter. Each rooming house shall
have a separate permit, and this permit shall at all times be
displayed in a conspicuous place within the rooming house. No
permit shall be transferable and every permit shall expire at
th~ end of one (1) year following the date of issuance, unless
sooner suspended or revoked as hereinafter provided. Every
person holding such a permit, shall give notice in writing to
the City Health Officer at least twenty-four (24) hours before
selling, transferring, giving away, or otherwise disposing of
ownership of, interest in, or control of any rooming house.
SEC. 11-9 Inspection
The Health Officer shall have authority as provided in
Sec. 11-18 to make inspections to determine if the rooming
house is in compliance with the provisions of this chapter and
to enforce the provisions of this chapter as provided in Sec.
11-19.
The Health Officer shall provide the Zoning Administrator
of any notice of violation under this chapter given to the
owner, operator or manager of any rooming house located within
the City of Fairfax.
1980-14
-14-
SEC. 11-10 Floor Space, Bed Linen, Towels, Bedding, Flush
Water Closet, Lavatory, Bathtub, Egress and Sanitary
Maintenance
No person shall operate a rooming house or let to another
for occupancy any rooming unit therein which does not comply
with the following requirements:
(a) Every room occupied for sleeping purposes by one
person shall contain at least 70 square feet of floor space,
and every room occupied for sleeping purposes by more than one
person shall contain at least 50 square feet of floor space for
each occupant thereof.
(b) The operator shall change supplied bed linen and
towels at least once each week, and each time prior to the
letting of any room to any occupant and shall maintain all
other supplied bedding in a clean and sanitary manner.
(c) At least one flush water closet, one lavatory basin
and a bathtub or shower, properly connected to an approved
water and sewer system, and in good working condition, shall be
supplied for each nine persons or fraction thereof residing
within a rooming house, including members of the operator's
family whenever they share the use of the said facilities. In
a rooming house where rooms are let exclusively to males, flush
urinals may be substituted for not more than one-half the
required number of water closets. All such facilities shall be
so located within the dwelling as to be reasonably accessible
from a common hall or passageway to all persons sharing such
facilities. Every lavatory basin and bathtub or shower shall
be supplied with hot water at all times. No such facilities
shall be located in a cellar except by written approval of the
Health Officer.
(d) The operator shall be responsible for the sanitary
maintenance of all walls, floors, and ceilings, and shall keep
the rooming house and all parts thereof, including the premises
on which it is located, free from any accumulation of dirt,
filth, rubbish, and garbage, and effectively protected against
infestation.
1980-14
-15-
(e) The rooming unit shall have safe, unobstructed means
of egress leading to safe and open space at ground level.
· ARTICLE VII. Responsibilities of Owners and Occupants
SEC. 11-11 Cleanliness
Every occupant of a dwelling or dwelling unit shall keep
in a clean and sanitary conditon that part of the dwelling,
dwelling unit, and premises thereof which he occupies and
controls.
SEC.ll-12 Cleanliness, Two or More Dwelling Units
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.
SEC. 11-13 Plumbing Fixtures
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be
responsible for the exercise of reasonable care in the proper
use and operation thereof.
SEC. 11-14 Screens
Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens furnished by the owner
whenever the same are required under the provisions of this
chapter, except where the owner has agreed to supply such
service.
SEC. 11-15 Insects, Rod. ents and vermin
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents, or vermin therein or on the premises; and every occupant
of a dwelling unit containing more than one dwelling unit shall
be responsible for such extermination whenever his dwelling
unit is infested. When, however, 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
shared or public parts of any dwelling containing two or more
1980-14
-16-
dwelling units, extermination thereof shall be the responsibility
of the owner.
SEC. 11-16 Drainage
The owner shall properly grade and drain all courts, yards
or other areas, on the premises of every dwelling. Each occupant
shall fully utilize and keep free from obstruction the provided
facilities for drainage, so as to maintain the premises free from
the accumulation of rain, waste or surface water.
SEC. 11-17 Trash, Garbage, Rubbish, and Ashes
(a) Every dwelling and every dwelling unit shall be provided
with such receptacles to contain all garbage, rubbish and ashes
as may be necessary, and all such receptacles shall at all times
be maintained in good order and repair. Receptacles shall be
easily cleanable, watertight and provided with tight covers.
They shall be rodentproof and insectproof.
(b) The occupant of every dwelling unit shall provide such
receptacles, except that for every dwelling containing three (3)
or more dwelling units the owner shall provide an adequate number
of such receptacles in a location accessible at all times to all
dwelling units.
ARTICLE VIII Inspection of Dwellings, Dwelling Units,
Rooming Units and Premises
SEC. 11-18 Inspection by City Health Officer
Upon finding reasonable cause, based on complaint or infor-
mation, and after informing the owner, occupant or operator of the
nature of said complaint or information, the City Health Officer
and his duly authorized representatives are hereby authorized and
directed to make inspections to determine the condition of dwell-
ings, dwelling units, and premises located within the City of
Fairfax, in order that he may perform his duty of safeguarding
the health and safety of the occupants of dwellings and of the
general public. For the purpose of making sUch inspections, the
Health Officer and his duly authorized representatives are hereby
authorized to enter, examine, and survey during daylight at
reasonable times and hours and in such manner to cause the least
possible inconvenience, all dwellings, dwelling units, rooming
1980-14
units, and premises.
-17-
The owner or occupant of every dwelling,
dwelling unit, and rooming unit, or the person in charge thereof,
shall give the Health Officer or his representatives free access
to such dwelling, dwelling unit or rooming unit and its premises,
at such times for the purpose of such inspection, examination, and
survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his agent or employee, access to any part
of such dwelling or dwelling unit, or its premises, at all
reasonable times for making such repairs or alterations as are
necessary to effect compliance with the provisions of this
chapter. If the owner or occupant denies the Health Officer free
access for such purposes, the Health Officer shall apply to a
Magistrate or other appropriate officer for a search warrant
authorizing said inspection. ~Upon the showing of probable cause
it shall be issued.
ARTICLE IX Enforcement
SEC. 11-19 City Health Officer
Whenever the Health Officer determines that there are
reasonable grounds to believe that there has been a violation of
any provision of this chapter or any rule or regulation adopted
pursuant thereto, he shall give notice of such alleged violation
to the person responsible therefor, as hereinafter provided.
Such notice shall:
(a) Be put in writing;
(b) Include a statement of the reasons why it is being
issued;
(c) Allow a reasonable time for the performance of any act it
requires; and
(d) Be served upon the owner or his agent, or the occupant,
as the case may require; provided, that such notice shall be
deemed to be properly served upon such owner or agent, or upon
such occupant, if a copy thereof is served upon him personally;
or if a copy thereof is posted in a conspicuous place in or about
the dwelling affected by the notice; or if he is served with such
notice by any other method authorized or required under the laws
of this State.
1980-14
-18-
SEC. 11-20 Time of Compliance
If such person or persons do not:
(a) Within the specified time after service of notice
commence compliance with the directions thereof, or
(b) Within the specified time after service of notice
complete such compliance, or
(c) Within ten days after such service perfect an appeal
to the Board of Housing Hygiene, such person or persons shall
be guilty of a violation of the provisions of this chapter.
SEC. 11.-21 Penalty for Violation
It shall be unlawful to fail, refuse or neglect to comply
with the provisions of this chapter or any rule or regulation
promulgated pursuant thereto and every failure, refusal or
neglect to fully and completely comply with the provisions of
this chapter and each day's continuance thereof shall constitute
a separate offense.
Every person convicted of a violation of any of the
provisions of this chapter or rule or regulation promulgated
thereto, shall be guilty of a Class 1 misdemeanor. Violations
of the provisions of the chapter may also be restrained, pro-
hibited, or enjoined by appropriate proceedings.
ARTICLE X Board of Housing Hygiene
SEC 11-22 Creation; composition; appointment and term
of members; vacancies
There is hereby created and established the Board of
Housing Hygiene herein sometimes referred to as the Board,
which shall consist of five (5) members, all of whom shall
reside in the City. The members shall be appointed by the City
Council and of those first appointed, one shall be appointed to
serve for one (1) year, two for two (2) years, and two for
three (3) years. Upon expiration of terms thereafter members
shall be appointed for terms of three (3) years each. Vacancies
shall be filled by the City Council for the unexpired portion
of a term.
1980-14
-19-
SEC. 11-24 Conduct of Board.
The Board shall elect its Chairman from its membership.
All members of the Board shall be entitled to one vote and its
decisions shall be determined by a majority vote of the members
present. A quorum of three members present is required before
the Board may take any official action. All meetings of the
Board shall be open to the public and a full and impartial
hearing shall be granted on all appeals. Insofar as reasonably
possible, all hearings shall be informal and free from technical
rules of law and evidence. When voting on any question, no
proxy shall be allowed at any time. The Board shall keep
minutes of its proceedings and all findings, decisions and
orders shall be reduced to writing and entered as a matter of
public record in the office of the Health Officer. In matters
concerning the procedure for meetings not covered by this
SeCtion, the Board may establish its own rules; provided, that
they are not contrary to the spirit of this Section.
SEC. 11-25 Rules and regulations.
The Board may formulate, adopt and promulgate, amend and
repeal such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this Chapter;
provided, however, that no such rule or regulation and no such
amendment or repeal shall be adopted, except after a public
hearing. Notice of the date, time, place and subject of such
hearing shall be advertised once a week for two consecutive
weeks in a newspaper published or circulated in the City. The
hearing shall not be held less than ten days after the date of
publication thereof.
The rules and regulations so adopted shall not be in
conflict with the provisions of this Chapter and copies of such
rules and regulations shall be made available to the public.
Any violations of any of the rules and regulations so
adopted shall constitute a violation of this Chapter and be
punishable as is provided in Section 11-21.
1980-14
-20-
SEC. 11-26 A~eals to Board
Any person affected by any notice or order which has been
issued in connection with the enforcement of any provision of
this Chapter, may request and shall be granted a hearing on the
matter by the Board, provided such person shall, within ten
days after service of a notice or order, file in the office of
the Health Officer a signed written notice of appeal, requesting
a hearing and setting forth a brief statement of the reasons
therefor. Upon receipt of such notice of appeal, the City
Health Officer shall forwith notify the Board, and the Board
shall set a time and place for such hearing and shall give the
person appealing and the City Health Officer notice thereof.
The Board shall schedule hearings for and determine such appeals
as promptly as practicable. However, when there is a proceeding
pursuant to Article XII of this chapter it shall not be necessary
for the person affected to file any notice of appeal, and he
shall be heard if he appears before the close of the scheduled
meeting on the emergency.
After such hearing the Board may affirm, amend, modify or
withdraw the notice or order appealed from. The decision of
the Board shall constitute an order and any person who shall
fail, refuse or neglect to comply with any such order shall be
guilty of violating the provisions of this Chapter.
SEC. 11-27 A~eal from Board Decision
The decision of the Board shall in all cases be final
except that any appellant or party directly aggrieved by a
decision of the Board, may, provided he do so within thirty
(30) days after the rendering of such decision, appeal to a
court of record of competent jurisdiction. The decision of the
Board in any case on appeal shall be stayed pending a decision
by the court.
ARTICLE XI Procedure for Vac.ation of Dwelling Unfit for
Human Habitation
SEC 11-28 Vacant dwelling, dwelling unit.
(a) Whenever the City Health Officer finds that a dwelling,
dwelling unit or habitable room is unfit for human habitation
1980-14
-21-
and constitutes serious danger or hazard to the life, health or
safety of the occupants or to the public because such dwelling,
dwelling unit or room does not meet one or more of the require-
ments of this Chapter, the City Health Officer may placard the
property and declare such dwelling, dwelling unit or habitable
room as unfit for human habitation and issue an order requiring
same to be vacated. Such order shall be in writing, include a
statement of the reasons why it is being issued and direct
vacation of the premises by a specified time, and also contain
a statement as to the right and method of appeal from such
order.
(b) A copy of such order shall be posted on the front of
the premises, a copy shall be served on the occupant, and a
copy shall be served on the owner. Such order shall be deemed
properly served if it is delivered personally or if the owner
or occupant be not found at his or her usual place of abode, by
mailing a copy thereof by certified mail to the last known
address.
(c) The dwelling, dwelling unit or habitable room so
ordered to be vacated shall be vacated on or before the time
specified in the order, and shall not be occuDied again until
the City Health Officer finds that the hazard has been elim-
inated and gives written approval for occupancy.
(d) All vacated structures which have been declared unfit
for human habitation shall be effectively secured by the owner
to prevent entry pending repair or demolition of the structure.
All such premises shall conform to the safety requirements of
Section 11-7.
(e) Any occupant or owner who does not within the time
specified, after being served by such order, comply with the
directions thereof, shall be guilty of a violation of the pro-
visions of this Chapter.
SEC. 11-29 Occupied Dwelling, Dwelling Unit
Whenever the City Health Officer finds a dwelling, dwelling
unit or habitable room that is actually occupied and unfit for
human habitation which constitutes serious danger or hazard to
1980-14
-22-
the life, health or safety of the occupants or to the public
because such dwelling, dwelling unit or habitable room does not
meet one (1) or more of the requirements of this Chapter, he
shall advise the Board of Housing Hygiene of such finding, and
thereafter the Board shall approve, reverse or modify said
finding, of the City Health Officer. If approved, or, if
approved and modified, the City Health Officer shall placard
the property and declare such dwelling, dwelling unit or hab-
itable room as unfit for human habitation and issue an order
requiring same to be vacated. Such order shall be in writing,
include a statement of the reasons why it is being issued and
direct vacation of the premises by a specified time, it shall
also contain a statement as to the right and method of appeal
from such order.
SEC. 11-30 Procedure for vacation in event of emergencies
(a) Whenever the City Health Officer finds a dwelling,
dwelling unit or habitable room that is actually occupied or
unfit for human habitation because it does not comply with one
(1) or more of the requirements of this Chapter and he further
finds that the continued occupancy thereof would constitute an
immediate and serious danger or hazard to the life, health or
safety of the occupants thereof or to the public, he may declare
that an emergency exists and issue an order to occupants thereof
to immediately vacate the premises. The premises shall not be
occupied again until the City Health Officer determines that
the emergency no longer exists and has given written approval
for occupancy.
(b) The order required herein shall be in writing, include
a statement of the reasons why it is being issued and direct
vacation of the premises immediately, and also contain a statemeni
as to the right and method of appeal from such order.
(c) A copy of such order shall be posted on the front of
dwelling, dwelling unit or habitable room and a copy shall be
served on the occupant and on the owner. Such order shall be
deemed properly served if it is delivered personally or if the
1980-14
-23-
owner be not found at his usual place of abode, by posting a
copy thereof on the front door of the premises.
(d) All premises ordered vacated hereunder shall be
effectively secured by the owner to prevent occupancy thereof
during the period such order is in effect.
(e) Any person who does not comply with an order of vacation
after being served, shall be guilty of a misdemeanor and punished
in accordance with Section 11-21.
SEC. 11-31 Appeals
Any person aggrieved by such an order may appeal to the
Board as provided in Section 11-26 of this chapter.
ARTICLE XII Nuisances~ Repair, Demolition in Emer~enc~
SEC. 11-32 Nuisances
All dwellings, dwelling units, or habitable rooms found to
be of immediate danger to the life, health or safety of any
person or persons within the terms of this article are hereby
declared to be public nuisances and shall be repaired or demol-
ished as hereinafter provided.
SEC. 11-33 Procedure by City Health Officer
Whenever the City Health Officer finds that it reasonably
appears there is immediate danger to the life, health, or
safety of any person or persons, due to the condition of any
dwelling, dwelling unit or habitable room because:
(a) There exists on the premises insanitary conditions
likely to cause sickness or disease to the occupants thereof or
to others, or
(b) A person fails, refuses or neglects to comply with an
order authorized by this chapter, the result of which may be
sickness, disease, or injury to occupants or others, or
(c) The provisions of this chapter are being otherwise
violated so that there may be sickness, disease, or injury to
occupants or others, the Health Officer shall at once attempt
to notify and order the person or persons responsible to take
immediate action to meet the emergency. In the event that the
Health Officer is unable to contact such person promptly or in
1980-14
-24-
spite of notice, immediate action to meet the emergency is not
undertaken, the Health Officer shall take such immediate tem-
porary safety precaution as he can, at once notify the Board of
Housing Hygiene of the existing emergency, and seek the imme-
diate and summary repair or demolition of such dwelling,
dwelling unit or habitable room subject to the provisions of
Section 11-34.
If the owner or occupant of the land or premises denies
the City Health Officer free access for such purposes, the City
Health Officer may proceed after obtaining a warrant. Cost and
expenses incurred by the City Health Officer shall be assessed
against the owner or occupant of the land or premises, and
shall be recoverable from the owner in the same way as taxes
and levies.
SEC. 11-34 Procedure by the Board
The Board shall at once attempt to notify the person or
persons responsible that there will be a meeting of the Board
at a specified time, date, and place, which shall be not less
than ten nor more than thirty days after its attempt to notify
such person, to consider action on the emergency. At such
meeting any person affected shall be given an opportunity to be
heard, but whether or not any such person shall appear to be
heard, the Board shall conduct a hearing, consider factors
relevant to the emergency and decide that there is or is not
such immediate danger. If the Board finds that because of any
reason set forth in Section 11-33, it reasonably appears there
is immediate danger to the life, health or safety of any person
or persons unless a dwelling, dwelling unit or habitable room
is immediately repaired or demolished, it shall order the
Health Officer to either repair such dwelling, unit, or room,
or tear down and destroy such dwelling, unit, or room if it
appears to the Board that it is in such condition as not to
warrant the expenditure thereon of a sufficient sum of money to
make such repairs that will put the same in a safe and sanitary
condition. The Health Officer may request the Director of
1980-14
-25-
Public Services to make all or part of the repairs or to do the
demolition directed by the Board, and upon such request he is
authorized to proceed. The costs and expenses of such repair
or demolition shall be assessed against the owners and occupants
of the land or premises and shall be recoverable in the same
manner as taxes and levies. A finding that there does not
reasonably appear to be such immediate danger to the life,
health, or safety of any person or persons shall not preclude
the Health Officer from proceeding pursuant to article IX or XI
of this Chapter.
ARTICLE XIII Hardship Cases
SEC. 11-35 Less than Full Complaince when approved
by the Board
The Health Officer, with the approval of the Board, may,
on written application, permit less than full compliance with
any of the foregoing sections of this Chapter except for those
contained in Article XII, when, in his judgment, full or imme-
diate compliance would work a clearly demonstrable undue hardship.
ARTICLE XIV A..~reements
SEC. 11-36 Chapter not to affect Agreement
The provisions of this Chapter shall not affect any obligatio
responsibility or liability imposed by any agreement or contract
between any owner and any occupant, operator or another, but no
such agreement or contract shall relieve any such owner, occupant,
or operator from the duties, responsibilities or liabilities
imposed by the provisions of this Chapter.
ARTICLE XV Conflict of Ordinances, Severability
SEC. 11-37 Conflict
In any case where a provision of this Chapter is found to
be in conflict with a provision of ordinance of the City of
Fairfax, existing on the effective date of this Chapter, the
provision which established the higher standard for the promotion
and protection of the health and safety of the people shall
prevail. In any case where a provision of this Chapter is
found to be in conflict with a provision of any other ordinance
2980-14
-26-
of the City of Fairfax, existing on the effective date of this
Chapter which establishes a lower standard for the promotion
and protection of the health and safety of the people, the
provisions of this Chapter shall be deemed to prevail.
SEC. 11-38 Severability
If any section, subsection, paragraph, sentence, clause,
or phrase of this Chapter should be declared invalid for any
reason whatsoever, such decision shall not affect the remaining
poriton of this Chapter, which shall remain in full force and
effect; and to this end the provisions of this Chapter are
hereby declared to be severable.
This ordinance shall become effective immediately upon its
adoption by the City Council of the City of Fairfax, Virginia.
Introduced: July 8, 1980
Adopted: September 9, 1980
ATTEST:
Mayor
lerk (Acting)