§ 1. General provisions.  


Latest version.
  • The following general provisions shall apply to the interpretation and enforcement of this ordinance [code].
    1.01. 
    Purposes. It is hereby declared that the purpose of this ordinance [code] is to protect, preserve and promote the physical and mental health and social well-being of the residents of this municipality; to investigate and control the incidence of communicable diseases; to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health; and to protect the safety of the people and to promote the general welfare. This ordinance [code] shall be applicable to all dwellings now in existence or hereafter constructed within this municipality. It is hereby further declared that for all of said dwellings this ordinance [code] will:
    (1) 
    Establish minimum standards for basic equipment and facilities for light, ventilation, heating and cooling;
    (2) 
    Establish minimum standards for basic equipment and facilities for safety from fire and accidents;
    (3) 
    Establish minimum standards for the use and location and amount of space for human occupancy;
    (4) 
    Establish minimum standards for safe and sanitary maintenance. In addition, this ordinance [code] will determine the responsibilities of owners, operators and occupants of dwellings, and it will provide for the administration and enforcement of all of the aforesaid standards and responsibilities.
    1.02. 
    Legislative finding. It is hereby found that dwellings (see subsection 2.09) exist or may in the future exist within the Town of Newington, either occupied or unoccupied by human beings, which are in a deteriorated condition, and such dwellings are in said deteriorated condition because of improper management; because of faulty design or construction; because of failure to keep said dwelling in a proper state of repair; because said dwellings lack proper sanitary facilities, adequate lighting or ventilation, or adequate equipment for heating or cooling; or because of any combination of the aforesaid factors. As a result, said dwellings have become so deteriorated, dilapidated, neglected, overcrowded or unsanitary as to jeopardize or be detrimental to the health, safety, morals or welfare of the occupants of said dwellings and the people of the said municipality. It is hereby further found that such deteriorated dwellings contribute to the growth of physical, mental or social ill-health or disease, mortality, crime and juvenile delinquency within this municipality.
    1.03. 
    Citation. This ordinance [code] shall be known, and may be cited, as the housing code.
    1.04. 
    Applicability. Every portion of a building or its premises used, formerly used, or intended to be used for the purpose of dwelling, living, eating, sleeping or cooking therein or occupancy, shall comply with the provisions of this ordinance [code] and with the rules and regulations adopted pursuant thereto irrespective of when such building shall have been constructed, altered or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises or structure, for the construction or repair of the dwelling or structure or for the installation or repair of dwelling equipment prior to the effective date of this ordinance. This ordinance [code] establishes minimum standards for the initial and continued occupancy of all dwellings and structures, and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment.
    1.05. 
    Application of building code. Any alterations to buildings or changes of use therein, which may be caused directly or indirectly by enforcement of this code, shall be done in accordance with applicable sections of the building code of the municipality.
    1.06. 
    Application of zoning law. Nothing in this code shall permit the establishment or conversion of a multi-family dwelling in any zone except where permitted by the zoning regulations of the municipality; nor shall this code permit continuation of such nonconforming use in any zone except as provided in said zoning regulations.
Amended 10-22-1996 by Ord. No. 9597-3