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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)