§ 26-9. Maintenance of dwelling units.  


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  • Unless otherwise stated, the owner of each dwelling or dwelling unit must assure compliance with the following standards at all times. All installation, repair, and replacement must be performed in a workmanlike manner and with materials having properties and qualities substantially equal to or better than the original materials.
    (a) Basic requirements.
    (1) Each structure must be maintained in good repair.
    (2) Each window, door, and hatchway must be maintained in sound working condition.
    (3) In any renovation, addition or new construction of a dwelling or other structure on the premises, the owner must complete each exterior surface, including windows, wall siding, and roof within one year after the building permit was first issued, or within one year after construction started if no building permit was required. This subsection does not apply to any dwelling containing more than 4 dwelling units.
    (4) Each supplied facility, piece of equipment, or utility which is required under this Chapter must be constructed or installed so that it will function safely and effectively, and must be maintained in satisfactory working condition.
    (5) Each owner of a multiple dwelling or personal living quarters building must maintain:
    (A) the shared or common area of the land and buildings in clean and sanitary condition; and
    (B) all equipment and facilities in laundry rooms and other shares spaces in clean condition and good working order.
    (6) Each occupant of a dwelling, dwelling unit, or individual living unit must maintain in safe and sanitary condition that part of the dwelling, dwelling unit, individual living unit, and premises which the occupant occupies and control.
    (7) An owner or occupant must not cause any service, facility, equipment, or utility which is required by this Chapter to be removed or discontinued for any occupied dwelling, except for a temporary interruption that is necessary while repairs or alterations are actually taking place, or during a temporary emergency when discontinuance of service is approved by an enforcing agency. If a rental dwelling unit or individual living unit is not equipped with a separate meter for a utility, the owner must make sufficient utility payments to prevent the utility service from being discontinued.
    (8) All rubbish and garbage must be stored and maintained in approved containers as required by Chapter 48. Rubbish and garbage must not remain outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.
    (A) The owner must provide a sufficient number of containers for storage of rubbish and garbage to prevent overflow and must maintain the containers as required by Chapter 48.
    (B) Each occupant of a dwelling, dwelling unit, or individual living unit must dispose of all rubbish and garbage in a clean and sanitary manner by placing it in appropriate containers as required by Chapter 48.
    (9) Each occupant of a dwelling containing a single dwelling unit must exterminate any insects, rodents, or other vermin in or on the premises. Each occupant of a dwelling unit or individual living unit in a dwelling containing more than one unit must exterminate if that unit is the only infested unit. The owner must exterminate if the infestation:
    (A) includes more than one unit or the shared or common areas of a dwelling, or
    (B) was caused by the owner’s failure to maintain the dwelling in a rat-proof or reasonably insect-proof condition.
    (10) The exterior surfaces of each structure and the interior surfaces of all common areas in each multi-family dwelling must be maintained free of graffiti, as defined in Section 32-12A.
    (11) All water must be drained and conveyed from every roof and paved surface so it does not cause dampness in any wall, ceiling or floor.
    (12) Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent the nuisance from reoccurring.
    (13) A person must not store any unused vehicle on residential property for more than 30 days unless a person living in the household has received an extension under Section 26-17A.
    (b) Exterior.
    (1) Each foundation, floor, wall, ceiling, and roof must be reasonably weather-tight, water-tight, rodent-proof, free from foreign matter, and capable of affording privacy.
    (2) Each window, exterior door, and hatchway must be reasonably weather-tight, water-tight, and rodent-proof. Each occupant must hang all window screens unless the owner has agreed to do so.
    (3) All exterior surfaces must be adequately protected from water seepage and against decay. All exterior surfaces must be free of flaking, peeling, or loose paint.
    (4) The owner must maintain the paved or gravel surface of each entry apron, driveway, sidewalk and walkway, parking lot, and patio in good, serviceable, and safe condition.
    (5) Each lawn and other land not covered by a structure must be reasonably free of erosion or gullying. Any grass or weeds must not be allowed to grow more than 12 inches high where required by Chapter 58. Shrubbery, trees, vines, hedges, and other vegetation, including dead trees and branches, must be maintained so they do not pose a danger to health or safety.
    (A) The owner of a multiple dwelling or personal living quarters, the owner of a vacant building, each occupant of a single-family dwelling, and any occupant of a dwelling unit in a multifamily dwelling who controls a lawn or yard area, must keep grass and weeds below any required height limit.
    (B) The owner must keep the premises free of erosion or gullying and replace damaged ground cover.
    (C) The owner must maintain shrubbery, trees, vines, hedges, and other vegetation.
    (6) Each owner must direct any exterior lighting away from the windows of any adjacent dwelling unit or individual living unit.
    (c) Interior.
    (1) Each plumbing fixture and water and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. Each occupant of a dwelling unit or individual living unit must maintain all plumbing fixtures in the unit in a clean and sanitary condition and must exercise reasonable care in their use and operation.
    (2) Each water closet compartment floor surface and bathroom floor surface must be constructed and maintained reasonably impervious to water and to permit the floor to be easily maintained in a clean and sanitary condition.
    (3) All walls, ceilings, floors, interior woodwork, doors and windows must be maintained in sound condition and good repair, and free of flaking, peeling, or loose paint. Only lead-free paint may be used.
    (4) The owner of a rental dwelling unit or individual living unit must repaint the painted interior surfaces of the unit:
    (A) (i) if after the third year of tenancy, the paint is stained, or is not intact and cleanable; and
    (ii) this condition is not due to tenant abuse; and
    (B) at least every 5 years.
    Any painting required under this subsection may be postponed for 5 years or until a change in occupancy, whichever occurs first, if an occupant certifies that all occupants do not want the unit to be painted at the scheduled time.
    (5) All floor coverings must be in good repair and sanitary condition. (, § 1; , § 1.)
    Editor’s note—Former § 26-9, “Minimum space, use and location requirements,” was repealed, reenacted with amendments, renumbered § 26-5, and retitled pursuant to , § 1.