The purpose of this code is to establish minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the use, occupancy, and maintenance of all residential buildings and structures within the City of Haysville that are not occupied by the owner thereof, and to provide for the minimum standards of habitation.

(Ord. 1146)

(a)   The provisions of this Article shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation, except owner occupied dwellings.

(b)   Dwellings, Dwelling Units, Rooming Houses and Rooming Units shall comply with all the requirements of this Article.

(Ord. 1146)

For the purpose of this Article, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the singular include the plural and the plural the singular. Words in the masculine gender include the feminine and the feminine the masculine. Whenever the terms “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” or “premises,” are used in this Article, they shall be construed as though they were followed by the words “or any part thereof.”

(a)   Building Code means the adopted Building Code as currently enacted by Haysville city code.

(b)   Building Official means the official or other designated authority charged with the administration and enforcement of the Building Code, and / or that official’s designee(s). The terms “building official” and “department director” of the City of Haysville Public Works Department are synonymous.

(c)   Dwelling means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, that is not occupied by the owner thereof. This term shall include Dwelling Units, Rooming Houses, and Rooming Units, as defined herein.

(d)   Dwelling Unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used for living, sleeping, cooking and eating.

(e)   Hot Water means hot water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit.

(f)   Electrical Code means the currently adopted Electrical Code as currently enacted by the City of Haysville.

(g)   Mechanical Code means the Mechanical Code as currently adopted and enforced by the City of Haysville. 

(h)   Occupant means any person, over one year of age who is living, sleeping, cooking, or eating in, or having actual possession of, a dwelling, dwelling unit or rooming unit.

(i)    Owner means any person, firm, or corporation, who jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling unit or premises within the county as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder.

(j)    Person means any individual, firm, corporation, association or partnership.

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

(l)    Plumbing Code means the Plumbing Code as currently adopted and enforced by the City of Haysville.

(m)  Rooming House means any dwelling, or that part of a dwelling containing one or more rooming units in which space is let by the owner or operator to any person who is not the husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

(n)   Rooming Unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

(Ord. 1146)

Every owner of a dwelling containing five or more dwelling units shall supply facilities or refuse containers for the sanitary and safe storage or disposal of refuse in accordance with Section 8-107. In the case of a single or two (2) family dwelling, it shall be the responsibility of the occupant to furnish such facilities or refuse container, if not already provided by the owner.

(Ord. 1146)

Every dwelling must be free of visible evidence of insects and rodents upon every new occupancy, and extermination thereof shall be the responsibility of the owner. Every window and exterior door of every dwelling shall be reasonably weather-tight, lockable, and rodent-proof and shall be kept in good working condition and good repair in accordance with 8-111 and 8-112 respectively.

(Ord. 1146)

(a)   Dwellings shall be provided with a bathroom or lavatory equipped with facilities consisting of a flush toilet, a washbowl or basin that is permanently installed with running water, and either a bathtub or shower. There shall be at least one flush toilet in good working condition for each dwelling unit, that shall be located within the dwelling and in a room which affords privacy.

(b)   Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. Every dwelling shall have supplied water heating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condition and are properly connected with the hot water lines to the kitchen sink, lavatory washbowl or basin, and bathtub or shower. All plumbing fixtures and sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Plumbing Code.

(Ord. 1146)

(a)   Heating. Every dwelling and every dwelling unit shall be so constructed, insulated, and maintained with heating equipment so that it is capable of maintaining a minimum room temperature of 68 degrees Fahrenheit in all habitable rooms, measured at a point 3 feet above the floor and at least 2 feet from exterior walls, at all times when the outside temperature is below 60 degrees Fahrenheit. The chimney of the dwelling or dwelling unit shall be maintained in good order, and the owner of the approved heating equipment shall maintain it in good order and repair. All heating equipment shall be installed and maintained in a safe condition and in accordance with the Mechanical Code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type.

(b)   Smoke Detectors. Every dwelling, dwelling unit, rooming house, and rooming unit shall have smoke detectors mounted on the ceiling or wall in each sleeping area, or at a point centrally located in the corridor or area giving access to each separate sleeping area. Where sleeping rooms are in an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Detectors shall also be installed in basements of dwelling units having stairways which open from the basement into the dwelling. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. Detectors may be battery operated or may receive their primary power from the building wiring, and shall be installed in accordance with the approved manufacturer’s instructions.  At least one carbon monoxide detector shall be located in the dwelling, dwelling unit, rooming house and rooming unit.  Said carbon monoxide detector can be a combination of carbon monoxide / smoke detector.

(Ord. 1146)

(a)   General. Any dwelling, dwelling unit, rooming house, or rooming unit, or the premises on which the same is located, that contains inadequate sanitation, structural hazards, hazardous electrical wiring or equipment, or inadequate heating equipment, all as defined in this section, or that otherwise endangers life, limb, health, property, safety or the welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard dwellings for purposes of this Article. In determining whether a dwelling is substandard as provided in this Section, references shall be made to other appropriate sections of the Haysville City Code. 

(b)   Inadequate Sanitation. Dwellings, or portions thereof, shall be deemed substandard when they have inadequate sanitation, including but not limited to the following:

(1)   Lack of trash service as required removal facilities, and/or any violation of Chapter 8 of the Haysville city code.

(2)   Infestation of insects, vermin or rodents, and/or any violation of Chapter 8.

(3)   Lack of, or inadequate bathroom, lavatory, flush toilet, washbowl or basin, bathtub or shower, or kitchen sink, and/or any violation of the sanitary facilities in this ordinance.

(4)   Lack of, or inadequate plumbing fixtures, or lack of connection to required sewage disposal system, and/or any violation of the sanitary facilities in this ordinance.

(c)   Structural Hazards. Dwellings, or portions thereof, shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following:

(1)   Deteriorated or inadequate foundation.

(2)   Defective or deteriorated flooring or floor supports.

(3)   Flooring or floor supports of insufficient size to carry imposed loads with safety.

(4)   Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective materials or deterioration.

(5)   Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.

(6)   Members of ceilings, roofs, ceiling and roof supports or other horizontal members that sag, split or buckle due to defective materials or deterioration.

(7)   Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety.

(8)   Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration.

(9)   Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.

(d)   Hazardous Electrical Wiring or Equipment. Dwellings, or portions thereof, shall be deemed substandard when they contain hazardous electrical wiring or equipment, including any electrical equipment, wiring or appliances that are not installed and/or maintained in good condition or a safe manner in accordance with the Electrical Code, and all applicable laws.

(e)   Inadequate Mechanical Equipment. Dwellings, or portions thereof, shall be deemed substandard when they have inadequate mechanical equipment, including any violation of the mechanical requirements in this ordinance.

(f)   Violation. It shall be unlawful for any person, firm, corporation or other entity to knowingly allow another person to occupy any dwelling, dwelling unit, rooming house, rooming unit, or portion thereof, that is a substandard dwelling as defined by this section. A violation of this section is a Class C misdemeanor which is punishable by fine up to $500, imprisonment up to 30 days, or both.

(Ord. 1146)

(a)   Authority. The Public Works Director, or his/her designee is hereby authorized and directed to enforce all of the provisions of this Article. For such purposes, the Public Works Director or his/her designee shall have the powers of a law enforcement officer.

(b)   Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the Public Works Director, or his/her designee has reasonable cause to believe that there exists in a dwelling a condition which is contrary to or in violation of this code which makes the dwelling substandard, the Public Works Director, or his/her designee may enter the dwelling at reasonable times to inspect or to perform the duties imposed by this code, provided that if said dwelling is occupied that credentials be presented to the occupant and entry requested. If said dwelling is unoccupied, the Public Works Director, or his/her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the dwelling and request entry. If entry is refused, the Public Works Director, or his/her designee shall have recourse to the remedies provided by law to secure entry.

(c)   Uniform Complaint and Notice to Appear. The Public Works Director, or his/her designee and any “code enforcement officer(s),” as code enforcement officer is defined in K.S.A. 19-101d(b)(2), or law enforcement officer being duly authorized and having jurisdiction in the City, shall have the power to sign, issue and execute uniform complaint and notices to appear in municipal court, to any person violating any provision of this Article.

(d)   Responsibilities Defined. Owners remain liable for violations of duties imposed by this code even though an owner may have, by agreement or otherwise, imposed on the occupant or tenant the duty of furnishing required equipment or of complying with this code.

(e)   A Violations of this Article. Any violation is this Article shall be a Class C misdemeanor which is punishable by fine up to $500, imprisonment up to 30 days, or both.

(Ord. 1146)

Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article.

(Ord. 1146)