Carbondale Title 4 Ch. 4 Housing Code § 4-4-14

A. Intent: It is the intent of this section to establish primary responsibilities in certain areas of compliance with the provisions of this chapter.


B. Primary Responsibilities Of Occupants: In the absence of a binding agreement to the contrary between an occupant and an owner, every occupant above the age of eighteen (18) years shall be primarily responsible as to that part of any building, structure or premises over which such occupant shall have a right to possession or control, for the following:


1. To keep the same in a clean and sanitary condition.


2. To not permit rubbish, garbage or other materials to accumulate so as to create a rat harborage.


3. To dispose of rubbish, garbage and other material in the manner provided by City ordinances.


4. The extermination of insects and rats, after twenty one (21) continuous days of occupancy where: a) the dwelling contains only one dwelling unit, or only the occupant's dwelling unit of a dwelling containing more than one dwelling unit is infested, and b) infestation has resulted from some cause other than the failure of an owner to maintain the dwelling in a ratproof or reasonably insect proof condition prior to the commencement of the occupancy.


5. To maintain connection and service to any utility for which the occupant is liable.


6. To maintain and replace required screens after the owner has fulfilled all his primary responsibilities regarding the same as hereinafter set forth in subsection C of this section.


7. To remove any abandoned or inoperative vehicle or machinery owned by the occupant as provided by City ordinance.


C. Primary Responsibilities Of Owners: In the absence of a binding agreement to the contrary between the owner and an occupant, every owner shall be responsible as to that part of any building, structure or premises over which such owner has the right to possession or control, including but not limited to areas used by the public or used in common by occupants of two (2) or more dwelling units, as hereinafter set forth (such responsibilities shall likewise apply to any other part of a building, structure or premises where the content of any such responsibility so implies) as follows:


1. To provide and install all required screens once each calendar year.


2. To keep the same in a clean and sanitary condition.


3. To not permit rubbish, garbage or other materials to accumulate so as to create a rat harborage.


4. To provide adequate and suitable containers for rubbish, garbage or other waste materials where the premises in question contain three (3) or more dwelling units.


5. "Ratproofing" as defined in section 4-4-6 of this chapter.


6. The extermination of insects and rats in all instances excepting those instances where the occupant is primarily responsible therefor as hereinabove provided in subsection B of this section.


7. To keep and maintain all supplied facilities in good and proper condition and operation.


8. To provide and maintain in working order a permanent heating system as specified in subsection 4-4-10 E of this chapter. In structures in which the permanent heating system supplies heat to two (2) or more dwelling units, or rooming units, the owner shall be responsible for supplying heat in accordance with the standard in subsection 4-4-10 E of this chapter. Where compliance is not reasonably possible because of general shortage of fuel or because of some act of an occupant, the provisions of this subsection shall not apply until such causes have been corrected.


9. To maintain connection and service to any utility for which an owner is liable.


10. To remove any abandoned or inoperative vehicle or machinery not owned by the current occupants from the premises as provided by City ordinance. (Ord. 2018-25)