§ 188-53. Duties and responsibilities of occupants.

Duties and responsibilities of occupants shall be as follows:

A. 

General and specific provisions; all residential. Occupants shall not, after notice as required under § 188-13, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit or rooming unit occupied by them or of the dwelling or premises to conform to and comply with the requirement of this code. Upon discovery by an occupant of any condition on premises which constitute a violation of this code, said occupant first shall provide notice to the owner or operator pursuant to Subsection G. Should relief be denied, said occupant then shall report the same to the Zoning Official or Construction Official responsible for enforcement hereunder.

B. 

Cleanliness and sanitation. All parts of the premises under the control of the occupant and/or operator shall be kept in a safe, clean and sanitary condition, and the occupant shall refrain from performing any acts which would render the premises substandard, unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition.

C. 

Garbage disposal and personal accumulations. Occupants shall place all garbage only in the receptacles provided for garbage disposal and, where janitor service is not supplied, shall place for disposal all garbage and other refuse only in garbage cans located in the exterior of the premises in an area designated and set forth for the same. Where janitorial service for the removal of garbage and other refuse to the exterior of the premises is provided by the owner or operator, then the occupant shall dispose of garbage and other refuse only in containers provided therefor by the owner or operator in designated and enclosed areas in the interior of the premises. All recyclables shall be put in approved containers for disposal.

D. 

Eliminating infestation.

(1) 

All residential. Every occupant of a residential dwelling unit shall be responsible for eliminating all conditions affecting infestation which are caused by the occupant and also those conditions which are subject to and under his exclusive control.

(2) 

Nonresidential. Every owner, operator or occupant shall be responsible for the elimination and extermination of infestation in and on the premises subject to his control.

E. 

Malicious damage. Every occupant and owner or operator shall be responsible for repairing damage caused to any part of the premises by willful or malicious act.

F. 

Misuse of heating/cooking equipment. No occupant shall suffer or cause excessive discoloration of the walls, ceiling or floors of any part of the premises by improper use of heating or cooking equipment. Cooking equipment may not be used for heating purposes.

G. 

Providing notice of defect to owner. Where the owner or operator would not otherwise know of a defect of any facility, utility or equipment required to be furnished hereunder and the same is defective or inoperable, each occupant or operator affected shall upon learning of said defect provide notice in writing to the owner, operator or other person in charge of the premises. Nothing herein shall be construed to provide a defense to any owner or operator violating this code. Repairs are to be made within 30 days of notice.

H. 

Violations by minors and guests. Any adult member of the immediate family shall be responsible and liable for any violation of this section caused by minors in his or her care or custody occupying the same dwelling unit. The adult members of the family shall also be responsible for damage caused by guests.