Sec. 518.451. - Responsibilities of owners and occupants.

Owners and occupants shall bear responsibility under this Chapter as set forth in this Part unless there exists a valid contract between the owner and an occupant which apportions these responsibilities in a manner different from the manner prescribed herein. Nothing in this Part shall be construed to abrogate or nullify any such contract. Owners and occupants of dwellings or multiple dwellings and owners and occupants of rooming houses or commercial property shall be responsible for maintenance thereof as provided in this Part. (a) Cleanliness. No owner or other person shall occupy or let to another person for occupancy a property unless it and the premises are clean, sanitary, fit for occupancy and comply with all applicable requirements of the City and the State. (b) Responsibility of owner. Every owner of a property containing two or more units and every owner of a rooming house or mobile home business park shall maintain the shared or public areas of the property and premises thereof in a clean and sanitary condition. (c) Responsibility of occupant. Every occupant of a property shall maintain that part or those parts of the property and premises thereof that he occupies and controls in a clean and sanitary condition. (d) Disposal of rubbish. Every occupant of a property shall store and dispose of all his rubbish in a clean, sanitary and safe manner. (1) Disposal of garbage. Every occupant of a property shall store and dispose of all his garbage and other organic waste which might provide food for insects or rodents in a clean, sanitary and safe manner. Rodent-resistant, insect-resistant and water-resistant refuse containers shall be used for storage pending collection. (i) Garbage storage facilities. Every owner of a property containing five or more units shall supply facilities or refuse containers for the sanitary and safe storage and disposal of rubbish and garbage. In the case of one, two, three or four units, it shall be the responsibility of the occupant to furnish the facilities or refuse containers. (ii) Approved garbage storage containers or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied property. Provisions shall be made for regular pickup and disposal. (iii) Approved garbage storage containers or garbage disposal facilities on commercial properties shall be screened from public view where space permits. (e) Screens. Every owner of a property shall be responsible for providing and hanging screens whenever they are required under the provisions of this Chapter; provided, that once installed, if the occupant removes or damages the screens, maintenance or replacement of the screens becomes the responsibility of the occupant. (f) Extermination of insects and rodents. Every occupant of a property containing a single unit shall be responsible for the extermination of insects, other than wood-destroying insects, and rats on the premises; and every occupant of a property containing more than one unit shall be responsible for extermination within his unit and the portions of the premises he controls. Notwithstanding the requirements of the preceding sentence, whenever infestation is caused by the failure of the owner to maintain a structure in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in the shared or public parts of a structure containing two or more units, extermination therein shall be the responsibility of the owner. (1) Rodent harborages—single-unit. No owner or occupant of a structure shall accumulate rubbish, boxes, rags, lumber, scrap metal or other materials in such a manner that may provide a rat harborage in or about the structure. (2) Rodent harborages—multiple unit. No owner of a multiple unit structure shall accumulate or permit the accumulation of rubbish, boxes, rags, lumber, scrap metal or other materials in such a manner that may provide a rat harborage in or about the shared or public areas of the structure. (3) Attraction of insects and rodents. No owner or occupant of a structure shall store, place or allow to accumulate materials that attract insects or rodents and create an unsanitary condition. (g) Care of fixtures. Every occupant of a property shall keep all supplied fixtures and facilities therein in a clean and sanitary condition, and shall be responsible for the exercise of reasonable care in the proper use and operation thereof, and, except for occupants of rooming houses or boarding houses, shall be responsible for the maintenance of all smoke detectors therein. Every owner of a rooming house or boarding house shall be responsible for the maintenance of all smoke detectors therein. (h) Care of premises. No owner or occupant of a property shall utilize the premises of the property for the open storage of junk, nondriveable motorized vehicles or derelict property, building rubbish or debris or similar items. It shall be the duty and responsibility of every owner or occupant to keep the premises of property clean and to remove from the premises all junk, nondriveable motorized vehicles, derelict property, building rubbish, debris or similar items. (i) Heating facilities. Except where there is a written agreement between the owner and an occupant providing for some other arrangement, the owner of every dwelling and multiple dwelling shall be responsible for the installation and maintenance of heating facilities required by this Chapter. In every case, the owner shall be responsible for providing sufficient chimneys, flues, gas vents or electrical facilities for the connection of heating appliances. (j) Person other than occupant in control of heat. From October 1 until April 30, where the control of the heat supplied to a property is the responsibility of a person other than the occupant. a temperature of at least 65°F at a distance of 36 inches above the floor level shall be available to the occupant in all usable rooms, bathrooms and water closet compartments. (k) Weeds, grass and other flora. Occupants of property containing no more than two units shall be responsible for keeping the premises free from the excessive growth of weeds, grass and other flora, except where there is a written agreement between the owner and an occupant providing for some other arrangement. The owner shall be responsible for keeping the premises free from the excessive growth of weeds, grass and other flora in multiple units, vacant units or rooming houses. (l) Standing water. The owner of a property shall be responsible for grading the premises to prevent standing water. (Ord. 96-458-297, § 1)