Athens City Code

1. (1) Every building used in whole or in part as a dwelling unit or as two or more dwelling units shall conform to the requirements of this chapter, irrespective of the class to which such buildings may otherwise belong, and irrespective of when such buildings may have been constructed, altered or repaired.
2. (2) No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of ACC 12-119 through ACC 12-129.

(Code 1972, § 4-501; Code 1995, § 12-501)

1. (1) Generally. When the words "dwelling," "dwelling unit," "roominghouse," "rooming unit," or "premises" are used in this chapter, they shall be construed as though they were followed by the words, "or any part thereof."
2. (2) Terms defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   
   Approved means constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent provisions of this Code and with rules and regulations adopted pursuant hereto.
   
   Basement means a portion of a building located partly underground but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
   
   Board of housing appeals means the board established by ACC 12-135.
   
   Cellar means a portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   
   Dwelling means any building or structure, or part thereof, used and occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto and enjoyed therewith.
   
   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.
   
   Extermination means the control and elimination of insects, rodents, 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 inspector.
   
   Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   
   Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces.
   
   Household means all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household.
   
   Infestation means the presence, within or around a dwelling, of any insects, rodents, or other pests.
   
   Inspector means the person designated by the city manager to carry out the duties of inspector as stated in ACC 12-131 through ACC 12-135.
   
   Multiple dwelling means any dwelling containing more than two dwelling units.
   
   Occupant means any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
   
   Ordinary minimum winter conditions means a temperature of zero degrees Fahrenheit.
   
   Owner means and includes a holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
   
   Parties in interest means all individuals, associations, partnerships, corporations, and others who have any interest in a dwelling and any who are in possession or control thereof as agent of the owner or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant hereto, to the same extent as if he were the owner.
   
   Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
   
   Premises means any platted or unplatted lot, parcel or plot of land, improved or unimproved with any dwelling or non-dwelling structure.
   
   Public hall means any hall, corridor or passageway not within the exclusive control of one family.
   
   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.
   
   Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the occupant to three or more persons who are not husband, wife, son, daughter, mother, father, sister or brother of the occupant.
   
   Rubbish means all waste materials, except garbage. The term "rubbish" shall include 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, and dust.
   
   Single unit dwelling means a dwelling occupied by one family alone.
   
   Supplied means paid for, furnished, or provided by, or under the control of, the owner or operator, his agents or representatives.
   
   Water closet means a toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system.
   
   Workmanlike state of maintenance and repair means in such a state as to comply with all codes and ordinances pertaining to construction of buildings and installation of utilities.

(Code 1972, § 4-502; Code 1995, § 12-502)

1. (1) Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room in such dwelling shall contain one electric outlet, and every bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall type electric light fixture. Every such outlet and fixture shall be in working condition and installed in accordance with the requirements of the electric code.
2. (2) Every habitable room shall have at least one window or skylight facing directly to the outside or other means of lighting which is approved as adequate by the inspector. The minimum total window area for every habitable room shall be ten percent of the total floor area of such room unless the only window in the room is the skylight type, then the minimum total window area shall be 15 percent of total floor area of such room, except where other means of artificial lighting are approved.
3. (3) Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in a structure containing not more than four dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting.
4. (4) Bathrooms shall conform to the lighting requirements for habitable rooms.

(Code 1972, § 4-503; Code 1995, § 12-503)

Every habitable room shall have at least one window or skylight opening directly to the outdoors which can easily be opened, or such other device as will adequately ventilate such room. The minimum total openable window area in every habitable room shall be equal to one-half of the minimum total window area required in ACC 12-119, except where there is supplied some other device affording adequate ventilation and approved by the inspector.

(Code 1972, § 4-504; Code 1995, § 12-504)

1. (1) 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 and bathrooms.
2. (2) All gas-burning room heaters shall be vented to the outside air by a smoke pipe or flue. Rubber tube or armored rubber tube connections on gas heating fixtures are prohibited.

(Code 1972, § 4-505; Code 1995, § 12-505)

The following minimum standards for basic equipment and facilities are prescribed:

1. (1) Water supply. There shall be a potable supply of running water piped into each dwelling unit.
2. (2) Sewerage. In every dwelling, plumbing fixtures shall be properly installed, properly connected to the water supply and sewer systems, approved by the inspector and maintained in good working order.
3. (3) Sanitary equipment. Every dwelling unit shall contain a sink, tub or shower, and a lavatory in a room affording privacy, properly connected to a hot water supply and sewer system.
4. (4) Sink. Every dwelling unit shall contain a kitchen sink which is properly connected to the hot water supply and sewer system.
5. (5) Water closets. Every dwelling unit shall have a flush type water closet located therein.
6. (6) Water heating facilities. Every dwelling shall have water heating facilities properly connected to the water piping system, and such facilities shall have a capacity to supply a sufficient quantity of water to each fixture connected at a minimum temperature of 120 degrees Fahrenheit.

(Code 1972, § 4-506; Code 1995, § 12-506)

No cellar space shall be used as a habitable room. Basement space may be used as a habitable room if:

1. (1) The windows are sufficiently above the lot's ground level so as to allow the room to meet requirements of habitable rooms as to light and ventilation (ACC 12-119 and ACC 12-120);
2. (2) The floors below grade level of the lot are impervious to water and free from dampness at all times; and
3. (3) The clear inner height is at least six feet eight inches, and no pipes or beams are below six feet from the floor level.

(Code 1972, § 4-507; Code 1995, § 12-507)

The number of persons occupying any dwelling unit shall be limited by the following requirements:

1. (1) Sleeping rooms. Every sleeping room for one occupant shall have at least 70 square feet of floor space or, if occupied by more than one person, at least 50 square feet per occupant.
2. (2) Size of dwelling unit. The total of all habitable rooms in a dwelling unit shall be such as to provide at least 600 square feet of floor space for the first occupant and 100 square feet of floor space for each additional occupant, provided that, in the case of municipally sponsored low rental housing, the size of an efficiency dwelling unit that combines the living room and bedroom shall have at least 500 square feet of floor space for the first occupant and 100 square feet for each additional occupant.
3. (3) Minimum height of habitable rooms. Every habitable room shall be not less than seven feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of a room having a ceiling height of less than five feet shall not be considered in computing the total floor area for such room.
4. (4) Minimum floor area, width. No habitable room shall contain less than 70 square feet of floor area, nor shall the least horizontal dimension of such room be less than seven feet.

(Code 1972, § 4-508; Code 1995, § 12-508)

Every dwelling unit shall have a safe, unobstructed means of egress to a safe and open space at ground level. All structures of three or more stories with a dwelling unit occupying the third or higher story shall be provided with two separate, usable, unobstructed means of egress for each dwelling unit located above the second story. The exit facilities from such dwelling units shall lead to a public thoroughfare either directly or through a court or yard, and passage to such exits shall not lead through any other dwelling unit or through a space that might reasonably be locked by anyone who is not a member of the household. An escape hatch or scuttle to a flat roof for escape through adjoining buildings may be considered as a usable means of egress for the dwelling unit occupying the top floor. Dual egress will not be required of structures that are of fully fireproof construction.

(Code 1972, § 4-509; Code 1995, § 12-509)

1. (1) During that portion of each year extending from May 1 through September 30, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device, and every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be equipped with screens or other insect deterrents. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be permanently equipped with screens or such other device as will effectively prevent their entrance.
2. (2) During the summer months, there shall be no standing pools of water which might provide a breeding place for mosquitoes.
3. (3) Dwellings should be free from rodents and other vermin at all times. Responsibility for extermination rests with the occupant or owner as set forth in ACC 12-127 and ACC 12-128.

(Code 1972, § 4-510; Code 1995, § 12-510)

1. (1) The responsibilities of the occupant are as follows:
   1. (a) To keep the dwelling and premises he controls and occupies in a clean and sanitary condition.
   2. (b) To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city regulations.
   3. (c) To hang and remove screens provided by the owner except where the owner has agreed to supply such services.
   4. (d) To keep plumbing fixtures therein in a clean and sanitary condition and to exercise reasonable care in the proper use and operation thereof.
   5. (e) To exterminate in the following cases:
      1. (i) The occupant of a single dwelling is responsible for extermination of any insects, rodents or other pests therein or on the premises.
      2. (ii) The occupant of a dwelling unit in a multiple-unit structure is responsible for extermination of any insects, rodents or other pests if his unit is the only unit infested.
2. (2) Notwithstanding subsection (a) of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a ratproof or reasonably insectproof condition, the occupant is not responsible for extermination of any insects, rodents, or other pests therein.

(Code 1972, § 4-511; Code 1995, § 12-511)

The responsibilities of the owner are as follows:

1. (1) To let no dwelling to anyone for occupancy unless it meets minimum standards set forth in ACC 12-119 through ACC 12-129.
2. (2) To have the dwelling in a clean, sanitary and habitable condition; to free from infestation before renting; to paint walls and ceilings and to clean, repair and exterminate if necessary to meet stated requirements before offering for rent.
3. (3) To provide screens to be hung.
4. (4) To exterminate in the following cases:
   1. (a) When infestation exists in two or more units of a multiple-unit structure.
   2. (b) When infestation exists in shared or public areas of a multiple-unit structure.
   3. (c) When infestation exists in a single unit of a multiple-unit structure or in a single-unit structure when infestation is due to failure of the owner to maintain the dwelling in a ratproof and reasonably insectproof condition.
5. (5) To keep vacant buildings locked. It shall be the duty of the owner of any vacant building within the city to keep all doors, windows and other openings in such building locked or otherwise secured so as to prevent unauthorized persons from entering such buildings.
6. (6) To secure damaged buildings. It shall be the duty of the owner of any building which has been damaged by fire, wind or any other act of God or man to fence or close all openings or otherwise secure such building within ten days from the date of damage to the building so as to prevent children or any unauthorized person from entering.

(Code 1972, § 4-512; Code 1995, § 12-512)

All dwelling structures shall be watertight, weatherproof, rodentproof and insectproof and in good repair.

1. (1) Every foundation, exterior wall and roof shall be reasonably watertight, weathertight and rodentproof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair.
2. (2) Every interior partition, wall, floor and ceiling shall be reasonably tight, capable of affording privacy and maintained in a workmanlike state of repair and in a clean and sanitary condition.
3. (3) All rainwater shall be so drained and conveyed from every roof and the lot shall be so graded and drained as not to cause dampness in the walls, ceiling, floors or basement of any dwelling.
4. (4) Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be maintained in sound condition and repair.
5. (5) Every inside and outside stairway, every porch and every appurtenance thereto shall be so constructed as to be safe for use and capable of supporting the load that normal use may cause to be placed thereon and shall be maintained in sound condition and repair.
6. (6) Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working condition, free from defects, leaks and obstructions.
7. (7) Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be reasonably impervious to water, and such floor shall be kept in a clean and sanitary condition.
8. (8) Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely and effectively and shall be maintained in good working condition.

(Code 1972, § 4-513; Code 1995, § 12-513)

No person shall operate a roominghouse or let to another for occupancy any room unless such roominghouse or room complies with the following requirements:

1. (1) Every roominghouse and room shall comply with the minimum standards set forth in ACC 12-119, 12-120, 12-121 and 12-124 as to light, ventilation, heating and space requirements.
2. (2) Every roominghouse shall be equipped with at least one flush water closet, one lavatory and one tub or shower for each eight persons or fraction thereof within the roominghouse, including members of the family if they are to share the use of the facilities. In roominghouses in which rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of water closets. All such facilities shall be properly connected to the water supply and sewer systems.
3. (3) Every flush water closet, flush urinal, lavatory, tub or shower required in subsection (b) of this section shall be located within the roominghouse in a room which:
   1. (a) Affords privacy.
   2. (b) Is accessible by a common hall without going outside the roominghouse.
   3. (c) Is accessible from a common hall without going through sleeping quarters of others.
   4. (d) Is not more than one story removed from the room of any occupant intended to share the facilities.
4. (4) Where bedding, bed linen or towels are supplied, the operator shall maintain the bedding in a clean and sanitary manner and shall furnish clean bed linen and towels at least once each week and prior to the letting of any room to an occupant.

(Code 1972, § 4-514; Code 1995, § 12-514)

The inspector or his duly authorized representative is authorized, upon showing proper identification, to enter, examine, and survey at any reasonable time all dwellings, dwelling units, rooming units, and premises located within the city. The occupant of every dwelling, dwelling unit, rooming unit, or the person in charge thereof, shall give the inspector or his representative free access to such dwellings, dwelling units, rooming units, and premises at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or a 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 the purposes of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule, regulation or order adopted or issued pursuant to the provisions of this chapter.

(Code 1972, § 4-515; Code 1995, § 12-515)

The inspector is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter. The inspector shall file a certified copy of all rules and regulations which he may adopt in the office of the city. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation thereof shall be the same as the civil penalty for violation of the provisions of this chapter.

(Code 1972, § 4-516; Code 1995, § 12-516)

The inspector is granted certain emergency powers. When the inspector finds that a condition exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this Code, such order shall be effective immediately. Any person on whom such an order is directed shall comply therewith immediately but, upon a petition, shall be afforded a hearing by the board of housing appeals as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the board shall continue such order in effect, or modify it, or revoke it.

(Code 1972, § 4-517; Code 1995, § 12-517)

1. (1) When at least five residents of the city charge that any dwelling is unfit for human habitation, or whenever the inspector determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant hereto, he shall give notice to the person responsible therefor. Such notice shall:
   1. (a) Be in writing.
   2. (b) Include such description of the real estate as is sufficient for identification.
   3. (c) Include a statement of the reason why the notice is being issued.
   4. (d) Inform the violator of his right to petition for a hearing before the board of housing appeals and specify that this petition must be received within 20 days after the notice was served.
   5. (e) Be served upon the owner, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such violator if a copy thereof is delivered to him personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, and the inspector shall make an affidavit to that effect, then the serving of such notice or order may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the city, or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the dwelling is located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the notice or order. A copy of such notice or order shall also be filed for record in the register's office of the county in which the dwelling is located, and the filing of such notice or order shall have the same force and effect as other lis pendens notices provided by law.
2. (2) Such notice may include an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant hereto.

(Code 1972, § 4-518; Code 1995, § 12-518)

1. (1) The city has created and established a board of housing appeals which shall consist of the community development director and five members with two alternative members appointed by the mayor and approved by a majority vote of the city council. The members of the board of housing appeals shall also serve as the members of the board of adjustments and appeals established in ACC 12-2 and shall have the qualifications enumerated in the 2018 International Building Code, Appendix B, [A]B101.2.2.
2. (2) All appointed members shall be registered voters of the city and they shall not receive any remuneration for their services. Initially, two members shall be appointed for two-year terms, and three for three-year terms, and they may be reappointed at the expiration of their terms. All future appointments shall be for two-year terms. The appointed members shall not be candidates for public office at the time of their appointment, and if later they become such, they must retire from the board. A vacancy shall be filled by the mayor for the unexpired term of the member whose term becomes vacant. The members shall be removable for cause by the mayor upon written charges and after a public hearing.
3. (3) The board shall meet within ten days after its appointment and shall elect a chairman from among its membership. The elected member shall be chairman until the expiration of his term. A vice-chairman shall also be elected. His duties are to assume the responsibilities of the chairman in the latter's absence. The duties of the chairman are to preside over the hearings and to question petitioners. The chairman may vote on all matters. The rules of evidence prevailing in courts of law and equity shall not be controlling on hearings. The community development director shall serve as the permanent secretary of the board, but he shall not vote on any matter. The board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.
4. (4) The community development director shall call meetings and shall notify board members. In open meetings, the board shall hear appeals. The city attorney shall act as counsel for the city at the proceedings. The presence of three members shall constitute a quorum and the concurring vote of three members shall be necessary to reverse or modify any order or notice of the inspector. The proceedings at such hearings, including the findings and decisions of the board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the city.
5. (5) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the board, provided that such person shall file in the office of the city a written petition requesting such hearing and setting forth a statement of the grounds therefor within 20 days after the date the notice was served. Within ten days after receipt of the petition, the community development director shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing before the board shall be commenced not later than 30 days after the date on which the petition was filed, provided that, upon written application of the petitioner to the board, the date of the hearing may be postponed beyond the 30-day period if the petitioner shows good and sufficient reason why it should be postponed. Any notice served automatically becomes an order if a written petition for hearing is not filed in the office of the city within 20 days after the notice is served.

(Code 1972, § 4-519; Code 1995, § 12-519)

_{(NOTE: Also referred to as Board of Adjustment & Appeals.)}

After such hearings, the board shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant hereto have been complied with. The board may also modify any notice so as to authorize a variance from the provisions of this chapter when, because of special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, provided that the spirit of this chapter will be observed, public health and welfare secured and substantial justice done. The board may also extend the time specified for compliance if the case warrants. If the board sustains or modifies such notice, it shall be deemed to be an order and the violator shall comply with all provisions of such order within the specified length of time.

(Code 1972, § 4-520; Code 1995, § 12-520)

Any person, jointly or severally, aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the city, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

(Code 1972, § 4-521; Code 1995, § 12-521)

If a person upon whom a notice has been served does not, within the specified period after the notice was served, commence compliance with the directives thereof or, within the specified time, petition the board, or, if, after the board's hearing, he does not comply with the decision thereof, such person shall be subject to a civil penalty under ACC 1-13.

(Code 1972, § 4-522; Code 1995, § 12-522)

In any case where a provision in this chapter is found to be in conflict with any other provision in this Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

(Code 1972, § 4-523; Code 1995, § 12-523)