HomeMy WebLinkAbout1977-04-26 Ordinance0
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NOTICE OF PUBLIC HEARING
ON ORDINANCE AMENDING
THE IO1VA CITY WNICIPAL CODE
Notice is hereby given that a public hearing will be held by the
City council of Iowa City, Iowa, at 7:30 P M. on the 26th day
of April , 19 77, in �CEnbAss in the C �c
Center, Iowa City, Iona. At which hearing the Council will consider
axguarents for and against the proposed adoption of amendrents to the
Irnea City Municipal Code by repealing Chapter 9.30, Minimum Housing
Standards, and substituting in lieu thereof Chapter 9.30, Housing
Maintenance and Occupancy Code.
copies of the proposed Ord3nanoe amendments are on file for public
examination in the Office of the City clerk, Civic Center, Iowa City,
Iowa. This notice is given pursuant to section 414 of the Code of Iowa,
1975.
Dated at Iowa City, Iowa, this 20th day of April , 1977 .
Abbie S•wolfus
City Clerk
We
*City of Iowa Cit*
MEMORANDUM
DATEt April 14, 1977
TO: Neal Berlin, City Manager
City Council
FROM: Lyle G. Seydel, Housing Coordinator �.
RE: Housing Maintenance and occupancy Code
Attached are revised pages 16, 17, 18, 23 and 29 to Chapter 9. 30
Housing Maintenance and occupancy Code (Draft dated 2-22-77).
This do=cent was provided each member of the Council and was
discussed at the informal session on March 28, 1977. These pages
contain correction or changes as requested by Council. Page 29
is a revision of the Retaliatory Conduct provisions and was
developed with John Hayek, City Attorney. These corrections were
approved by the Housing Commission at a special meeting held on
April 13, 1977.
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S. Every gas burning heating unit and water heater shall be
equipped with electronic ignition or with a pilot light and an
autanatic control to interrupt the flow of gas to the unit in the
event of failure of the ignition device. All such gas heating units
with plenum shall have a limit control to prevent overheating.
T. Every multiple unit and roaming unit shall have access to
two (2) independent, unobstructed means of egress remote from each
other, and available fran each floor level. At least one shall be
a doorway which discharges directly or via corridors or stairways or
both, to the exterior of the building at ground level.
Every dwelling or rooming unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
regi,; red by the laws of this state and ordinances of the City of Iowa
City -
U. All stairs and steps, either interior or exterior having four
or more risers shall be equipped with a substantial handrail situated
between thirty (30) and thirty-four (34) inches above the nose of the
stair treads. All stairways between occupied floors and porch and
walkway steps shall have at least six foot six inches (616") of head
room; a riser height of not more than eight inches and a tread width not
less than nine inches. Fire escape stairs shall have a tread width of
at least rine inches and a riser not in excess of nine inches. Winders
shall not be used on fire escapes. All areas accessible to occupants of
any dwelling and situated more than thirty inches (30") above adjacent
areas shall be protected by substantial guardrails at least thirty-six
inches (36") high.
V. No person shall let for occupancy any dwelling or dwellinq unit
unless all exterior doors, and all windows below the second floor of the
dwelling or dwelling unit, are equipped with a safe functioning locking
device.
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-1G- 4-74-77
9.30.8 LIGHT, VEWII,ATION AND HYATING
9.30.8 Light, Ventilation, and Heating. 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 following requirements:
A. Every habitable rocas except those used solely for cooking or
cooking and eating shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops, for every habitable roan shall be ten percent (108)
of the floor area of such room or in conformity with energy conservation
measures as outlined in applicable laws and ordinances.
H. Every habitable room shall have at least one window or skylight
which can easily be opened, or such other device as will adequately
ventilate the room. That total openable window area in every habitable
room shall be equal to at least forty-five percent (458) of the minicmnn
window area size or minimum skylight type window size, as required in
subsection 9.30.8.A, except where there is supplied some other device
affording adequate ventilation and approved by the Housing inspector.
C. Whenever walls or other portions of structures face a window
and such light -obstructing structures are located less than three feet
from the window and extend to a level above that of the ceiling of the
roan, such a window shall not be deemned to face directly to the outdoors
and shall not be included as contributing to the reeuired minimum total
window area. whenever the only window in a roan is a skylight type
window in the top of such roan, the total window area of such skylight
shall equal at least fifteen percent (158) of the total floor area of
such roan.
D. Any kitchen which does not have a window or skylight shall have
supplied electric luminaries capable of producing at least seventy (70)
foot candles of light at the cooking surface level of ranges and twenty
(20) foot candles of light at the surface of table and other food
preparation work surfaces. Such kitchens shall be equipped with a
mechanical ventilation system which is in working condition and is
approved by the Housing Inspector.
E. Every bathroom and water closet comgxutment shall eacgjly with
the light and ventilating requirements for habitable woes contained
in subsections 9.30.8.A and 9.30.8,8 except that no window or skylight
shall be required in adequately ventilated bathrooms and water closet
oampartrmnts equipped with a ventilation system in working condition
and approved by the Housing Inspector.
T. 'Every public hall and stairway in every multiple dwelling
containing five or more dwelling units shall be adaauately lighted
at all times. Every public hall and stairway in structures devoted
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4-14-77
solely to dwell' cupancy and containing not four
dwelling units she be supplied with convenientlyTocated light
switches, controlling an adequate lighting systan which may be
turned on when needed, instead of full-time lighting. The continuous
or available light intensity at floor or stair tread level shall
be at least two foot candles.
G. 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,
bathrooms, and water closet compartments located therein to a
temperature of at least seventy degrees (70 F.) and which shall
maintain in all said locations a minimum temperature of sixty-five
degrees (65 F.), at a distance of three feet above floor level at
all tires. Such heating facilities shall be so operated and equipped
that heat as herein specified is available to every dwelling unit
and roaming unit -
H. Every central heating unit, space heater, water heater,
and cooking applicance shall be located and installed in such a
manner, so as to afford reasonable protection against involvennst
of egress facilities or egress routes in the event of uncontrolled
fire in the structure of materials in the structure. Every fuel
burning heating unit or water heater shall be effectively vented
in a safe manner to a chimney or duct leading to the exterior of
the building and shall be furnished with adequate air supply. The
vents shall be oP such design as to assure proper draft, shall be
adequately supported and shall be kept reasonably clean and in
good condition. The chimney and flue shall be properly installed
and maintained in good repair.
I. No fuel burning heater shall be located within any sleeping
roan unless provided with adequate ducting for air supply from the
exterior, and the combustion chamber for such heating unit shall be
sealed from the roan in an airtight manner.
J. Every steam or hot water boiler and water heater shall be
protected against overheating by appropriate temq,erature and pressure
limit controls.
K. During that portion of the year when the Housing Insfx-ctor
deems it necessary for protection against mosquitoes, flies, and other
insects, every door used for ventilation, opening directly frau a
dwelling unit or romning unit to outdoor space, shall have sulplied screens
of not less than sixteen (1.6) nr�sh per inch and a self-closing device;
and every window or other device with openings to the outdoor spam, used
for ventilation, shall likewise be supplied with such scr-eens.
L. During that portion of each year when the Housing Inspector deems
it necessary for protection against the elements and cold, every door,
rrxr,Sng directly rmc t 3 .11»nr, tr: ! cr x:xxring unit tc ^utdbc-
shall have suppli4ad storm doors with a self-closing device; and every window
or other device with openings to the outdmr space shall likewise he
supplied with su"n windows, except where such otlxer device for protection
against the elmra-nts and cold is pmvidf-I such as insulaclnj glass, and
insulhtarl rr.�•tel N�rterirr ri�nrs.
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H. The electrical system of every dwelling shall not by reason
of overloading, dilapidation, lack of insulation or improper fusing
or for any other cuase, expose the occupants to hazards of electrical
shock or the occupants and the structure to hazards of fire,
I. Every habitable rocas shall be equipped with a safe electrical
switch located near and convenient to the man entrance which activates
a luminary within the man.
J. Every habitable mom shall contain at least two separate floor
or wall type electric double convenience outlets which shall be
situated a distance apart equivalent to at least twenty five percent
of the perimeter of the roan; and every water closet ompartrmnt, bathroom,
laundry roan, furnace room, and public hall shall contain at least one
supplied ceiling or wall type electric light fixture. Every such outlet
and fixture shall be properly installed, shall be maintained in good and
safe corking condition.
K. No temporary wiring shall be used except extension cords which
run directly from portable electric fixtures to convenience outlets and
which do not lie beneath floor coverings or extend through doorways,
transoms, or similar apertures in structural elements or attached thereto,
and which are of sufficient guage to safely operate the fixture.
L. The premises and grounds of every dwelling shall be kept orderly
and free of uncontrolled materials which are hazardous to life, health
or property.
All premises and grounds of every dwelling shall be graded, drained,
and maintained to preclude the attraction, breeding and harborage of pests
and vermin.
M. The exterior of every dwelling and its outbuildings, porches,
exterior steps, and similar appurtenances shall be painted, finished or
otherwise maintained to prevent excessive deterioration from weathering.
N. All fences, outbuildings, and other appurtenances, on the premises
of any dwelling and all eaves, troughs, downspouts and other roof drainage
equiprnnt of the dwelling and its outbuildings shall be maintained in sound
functional condition, and otherwise in such manner so as rat to constitute
a fire, health, or safety hazard.
0. Accessory structures on the premises of a dwelling unit shall
be structurally sound, and be maintained in good repair and free of vermin.
The exterior of such structures shall be made weather resistant through the
use of decay -resistant materials of the use of paint or other preservatives.
Further, any structure built as an accessory structure shall not latter be
rrede i.Trta a dwelling urrit or units Vatsicwt orttilete7.y fu -'filling all btarrdardb
set down for the construction of buildings by all applicable codes and the
Iowa City Housing Maintenance and occupancy ordinance.
P. All cistr_rns or similar wiitPr f;tormle• farilitien shall ix-
fC1X!'!i, SafFly or fil.lrA in sum"! Q huy ar n)) tr. .'r'�atf.
to life or litrJ3.
-23- 4-14-77
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9.30.15 RETALIAMRY CONDUCT
9.30.15 No landlord may increase rents, decrease services,
nor evict a tenant prior to the normal expiration of the lease of
any tenant who after giving notice to the landlord of a potential
violation has filed, in good faith, a omplaint to a governnental
official charged with enforcement of this Code.
It shall be a defense against any forceable entry and detainer
action that the eviction of the tenant is in retaliation for the
tenants oomplaint to the governmental official.
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CHAPTER 9. 30
HOUSING MAINTENANCE AND OCCUPANCY CODE
page
9. 30.1
General Provisions
1
9. 30.2
Definitions
2
9.3 0.3
Authorization to Inspect
6
9.30.4
Order to Allow Inspection
7
9.30.5
Licensing of Rental Dwellings
9
9.30.6
Enforcement - Notice and Bearings
12
9.30.7
Basic Equipment and Facilities
14
9.30.8
Light, Ventilation, and Heating
17
9.30.9
Minimum Space, Use, and Location
20
Requirements
9. 30.10
General Requirements
22
9.30.11
Responsi-bilities of. Owners and
24
Occupants
9. 30.22
Single Family Owner Occupied
26
Dwellings
9.3D.13
Rooming Houses and Multiple Dwelli-nns
27
9.30.14
Designation of Unfit Dwell i.ngs and
28
Legal Procedure of Condemnation
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9.30.1 GENIiRAI, PROVISIONS
9.30.1 Gen gyral Provisions. The following general provisions
shall apply in the interpretation and enforcement of this ordinance.
A. Leqisla Live Pinding. It is hereby found that there exist
and may in the future exist, within the City of Iowa City, premises,
dwellings, dwelling units, rooming units, or parts thereof, which
by reason of their structure, equipment, sanitation, maintenance,
use, or occupancy affect or are likely to affect adversely the
public health (including the physical, mental, and social well-
being of persons and families), safety, and general welfare. To
correct and prevent the existence of such adverse conditions, and
to achieve and maintain such levels of residential environmental
quality as will protect and promote public health, safety, and
general welfare, it is further found that the establishment and
enforcement of minimum housing standards are required.
B. Purposes. It is hereby declared that the purpose of this
ordinance is to protect, preserve, and promote the physical and
mental health and social well-being of the people, to prevent and
control the incidence of communicable diseases, to reduce environ-
mental hazards to health, 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 pro-
mote the general welfare by legislation which shall be applicable
to all dwellings now in existence or hereafter constructed. It is
hereby further declared that the purpose of this ordinance is to
insure that the duality of housing is adequate for protection of
public health, safety and general welfare, including: establishment
of minimum standards for basic equipment and facilities for light,
ventilation, and thermal conditions, for safety from fire and
accidents, for the use and location and amount of spacp for human
occupancy, and for an adequate level of maintenance; determination
of the responsibilities of owners, operators and occupants of
dwellings; and provision for the admini-stration and enforcement
thereof.
C. Scope. The provisions of this ordinance shall apply
uniformly to the construction, maintenance, use and occupancy of
all residential buildings and structures, whprp applicable, and
shall apply uniformly to the alteration, repair, enui pment, use,
occupancy and maintenance of all existing residential buildings
and structures within the )urisdiction of the City of Iowa City
irrespective of when or under what ccrlp or rndps such huildinns
or structures were originally constructed or rehabilitated.
U. Title. This ordinance Shall be known and mav Ix cited
as the (lousing Ma i nt.enance. and occu;,ancy Codd. of the City (,I 1 uwt,
City, hereinafter refarred to as "this ordinance".
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9.30.2 DEFINITIONS
9.30.2 Definitions. The following definitions shall apply
in the interpretation of this Chapter.
A. ACCESSORY STRUCTURE shall mean a detached structure
which is not used or not intended to be used for living or sla ep-
ing by human occupants.
B. ATTIC shall mean any story situated wholly or partly
within the roof and so designed, arranged or built to be used for
business, storage or habitation.
C. BASEME14T shall mean the lowest story of a building,
below the main floor and wholly or partially lower than the
surface of the ground.
D. CENTRAL BEATING SYSTEM shall mean a single system
supplying heat to one or more dvielling unit(s) or more than one
rooming unit.
E. DILAPIDATED shall mean to have fallen into ruinous
condition as by misuse or neglect.
F. DUPLEX shall mean any habitable structure containing
only two single dwelling units.
G. DWELLING shall mean any buildinq which is wholly or
partly used or intended to be used for living or sleeping by
human occupants.
B. DWELLING UNIT shall mean any room or qroup of rooms
located within a dwelling and formi.nq a single habitable unit with
facilities which are used or in tencled to be used for living, sleep-
ing, cooking, and eating.
I. EGRESS shall mean an arrangement of exit facilities t o
assure a safe means of exit from buildings.
J. EXTERMINATION shall mean the control and elimination of
insects, rodents, or other pests by eliminating their harboraq e
Places; by removing or making inacccssiLlc riat.crialc that may sor! e
as their food; by poisoning, spraying, fumigating, trapping; or -
by
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by any other recognized and ].ectal pest elimination methods appr-oved
by the Rousing Inepn N•p.,
K. FAMILY shall mean one person or two or more persons r eluted
by bloo9, marriage, or adoption occupying a living unit ns an i ndi-
vidual housekeepinq orgaruzatlon. h ]artily mny alsr, be two, but
11Pt mvre that, tw,; j.wrPOtjE 71 C'tX I jL11 I'd 1?, r,.; .1" , V1 "J.,
L. GARBAGE shall mean the animal an(] vegetable waste
resulting from the handling preparation, coo king, and con-
sumption of food.
M. GUEST shall mean any person who shares a dwelling
unit in a non -permanent status for not more than thirty (30)
days.
N. HABITABLE ROOM shall mean a room or enclosed floor
space used, or intended to be used for living, sleeping, cooking,
or eating purposes; excluding bathrooms, recreation rooms, toilet
compartments, laundries, pantries, foyers, or communicating
corridors, closets, and storage spaces.
0. HOUSING INSPECTOR shall mean the official or officials
of the City of Iowa City appointed to administer the provisions
of this Chapter.
P. INFESTATION shall mean the presence, within or around
a dwelling, or any insects, rodents, or other pests.
Q. KITCHEN shall mean any room containing any or all of
the following equipment, or any area of a room within three feet
of such equipment: sink, stove, range or comparable built-in
cooking facilities, refrigerator, cabinets and/or shelves for
storage of equipment and utensils, and counter or table for food
preparation -
R. KITCHENETTE shall mean a small kitchen or an alcove
containing a kitchen.
S. MULTIPLE DWELLING shall mean any dwelling containinq
more than two dwelling units.
T. OCCUPANT shall mean any person, over one year of aqe,
living, sleeping, cooking, or eating, in, or having actual
possession of, a dwelling, dwelling unit, or rooming unit.
U. OPERATOR shall mean any person who has charge, care or
control of a building, or part thereof, in which dwelling units
or rooming units are let.
V. OWNER shall mean any person who, alone or jointly or
severally with others:
1. Shall have Legal title to any dwelling unit,
with or without accompanying actual possession thereof; or
2. Shall have charge, care, or rontrol of anv dwPll-
inq or dwelling unit, as owner or agent of the owner, or
as executor, administrator, trustee, or guardian of the
est -ate of the owner. Any such person thus representinq
DRAB'
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the actual owner shall be bound to comply with the
provisions of this Chapter to the same extent as if
he were the owner.
W. PER? -SIT s,:all mean a Certificate certifying that the
unit for which it is issued was in compliance with the applicable
provisions of this Chapter when last inspected. Said Certificate
shall expire at the and of one year following i is date of issuance,
unless sooner suspended or revoked as hereinafter provided, and
shall be renewed annually.
X. PERSON shall mean and include any individual, firm,
corporation, association, or partnership.
Y. PLUMBING shall mean and include all of the following
supplied facilities and equipment; gas pipes, gas -burning equip-
ment, water pipes, garbage disposal units, waste pipes, toilets,
sinks, dishwashers, lavatories, bathtubs, shower baths, clothes
washing machines, water heating devices, catch basins, drains,
vents, and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines.
Z. PRIVACY shall mean the existence of conditions which
will permit a person or persons to carry out an activity commenced
without interruption of interference, either by sight or by
sound, by unwanted persons.
AA. REPU SE shall mean all putrescible and non-putresci.ble
solids (except body waste) including garbage, rubbish, ashes and
dead animals.
BB. REFUSE CONTAINER shall mean a watertight container that
is constructed of metal, or other durable material impervious to
rodents, that is capable of being serviced without creating
unsanitary conditions.
CC. RESIDENCE HALL shall mean a buildinc or a croup of rooms
in a building used for institutional living and sleeping by four
or more persons. Por the purpose of this Chapter, the term
"residence hal 2" shall include, but is not limited to, fraternity
houses and sorority houses.
DD. ROOM SNG UNIT shall mean a room or any group of rooms forming
a single habit able unit used or intended to be used for living and
sleeping but not for cooking and eating purposes.
1;E. RDOY.:_14 W,)*" SE sl.al l mr an &In dxr l7 i ng ,;tl:e:t ^L.rt :)
any dwelling containing one or more rooming uni ts,in which space
is let by the owner or operator to more than th r-ce persons except
those whose relationship to the owner or operator by blood,
marriage_, or legal adopti.nn was the basis for o ecupancy.
II
II. SINGLE PAMII,Y OWNER OCCUPIED IMIELLING shall mean any
dwelling which contains one d w ellinq unit which is occupied solely
by the owner and the family thereof and may or does have one or
more rooming units rented to persons other than a member of the
Family in accordance with applicable, zoninq code.
JJ. SUPPLIED shall mean paid for, furnished, or provided
by or under the control of, the owner or operator.
KK. TEMPORARY PERMIT shall mean a Certificate certifying
that the unit for which it is issued is not in compliance with
the applicable provisions of this Chapter and which certifies
that the unit for which it is issued may be occupied for a time
specified in said Certificate, pending the completion of the
necessary improvements needed to bring it into compliance. Said
time period being determined by a reasonable time necessary f o r
the completion of said improvements, not to exceed one year,
and said Temporary Permit shall be in effect for said time period,
unless sooner suspended or revoked as provided in this Chapter
and shall not be renewable with the exception that one renewal
may be granted if the original permit and the renewal do not exceed
one year.
LL. MEANING OF CERTAIN WORDS. whenever the words "dwe llinq",
"dwelling unit", "rooming house", "roominq unit", "premises", are
used by this Chapter, they shall be construed as though they were
followed by the words, "or any part thereof".
UEl�p��(Q��WT 2.•12-77
9.30.3 AUTHORIZATION TO INSPECT
A. AUTHORITY. The Housing Inspector is hereby authorized
to administer and enforce the provisions of this Code, and to make
inspections to determine the condition of dwellings, dwelling units,
rooming units, trailers, structures, and premises located within
the city.
D. RIGHT OF ENTRY. Wherever necessary to make an inspection
to enforce any of the provisions of this code, or whenever.the
Housing Inspector or his/her authorized representative has reasonable
cause to believe that there exists in any dwelling, dwelling units,
rooming units, structures, or premises, any condition which makes
such unit or premises in violation of any provision of this code,
or in response to a complaint that an alleged violation of the
provision of this code or of applicable rules or regulations pursuant
thereto may exist, the Housing Inspector or his/her authorized
representative may enter such unit or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the
Housing Inspector by this code; provided that if such unit or premises
be occupied, he/she shall first make a reasonable effort to locate
the owner or other person having charge or control of the building
or premises and request entry. The housing Inspector or authorized
representative shall at such time:
1. Identify himself/herself and his/her position.
2. Explain why entry is sought.
3. Explain that the owner or other person having charge
or control of the premises may refuse, without penalty, entry
without an Order to Allow Inspection.
4. Explain that if entry is refused the Housing Inspector
may apply to a Magistrate for an Order to Allow Inspection
under Section 9.30.4 of this Code.
C. PENALTY. No owner or occupant or any other person having
charge, care or control of any dwelling, dwelling unit, rooming unit,
structure, or premises, shall fail or neglect, after presentation of
an Order to Allow Inspection or a Search Warrant, to properly permit
entry therein by the housing Inspector or hie/her authorized rep-
resentat i ve for the purpose of inspection and examination pursuant
to this code. Any person violating this subdivision shall be guilty
of a misdemeanor.
D. EVIDENCE. Evidence obtained by use of an Order to Allow
Inspection mey be used to effectuate the purposes and provisions
Of this Chapttr in any ensuic.g action brvugi:t iy tile City for a
violation of this Chapter.
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9. 30.4 ORDER TO ALLOW INSPECTION
A. ORDER TO ALLOW INSPECTION. The Ilousinq Inspector is
hereby authorized to conduct consentual inspections of any d%,ell-
ing within Iowa City, Iowa on a reasonable and regular inspectional
basis or upon request or complaint, in order to perform the duty
of safeguarding the health and safety of the occupants or the
public. If consent to inspect the building is withheld by any
person or persons having the lawful right to exclude, the Housing
Inspector shall apply to a Magistrate of the Iowa District Court
in and for Johnson County for an order to allow inspection of the
building. Such application shall include the following=
1. The name of the applicant.
2. The applicant's occupation and duties.
3. That the applicant contacted the person in control
of the building and requested permission to inspect such premises
at a certain time, pursuant to Section 9.30.3H.
4. That the person so contacted refused to grant per-
mission to inspect said premises.
5. That the applicant has reasonable cause to believe
that there may be substandard conditions as defined by the Housing
Code or that the inspection is to be conducted pursuant to a routine
inspection of the premises. If the first reason is given, the
applicant shall briefly set out the basis for his/her belief.
6. The date the structure was last inspected by a Housing
Inspector.
7. That the inspection is necessary to assure the health
and safety of the occupants and the general public.
B. ISSUANCE OF ORDER. If the magistrate is satisfied from
his/her examination of the applicant that proper grounds for the
application exist, or that there is reasonable cause to believe that
there is a violation of the housing code, he/she shall issue an
Order to Allow Inspection to the Housing Inspector.
C. FORM OF ORDER. The warrant may be in substantially the
followinq form:
ORDER TO ALLOW INSPECTION
Now on this day of 19 , the
Court having considered d the attached application, itis the
order of this Court that _
be present and allow inspecctlr,n by tui Fiourinq Ins-.x•rtor of
t:he buildincx locatrrl fit
_ BnAff
7-27-l'l
E
In Iowa City, Iowa on the (lay of '19
commencing at o'c lock m., which date and time is
not less than 72 fours from the present, or appear prior to
said date and present evidence to this Court why such inspec—
tion should not be held,
Magistrate In and For Johnson County, Iowa
D. PROCEDURE. Any Housing Inspector receiving an Order to
Allow Inspection shall proceed as follows:
1. The Housing Inspector shall deliver a copy of the
Order to Allow Inspection to any named owner, operator, or
possessor of the building residing in the building. If no
owner, operator, or possessor resides in the building the
Housing Inspector shall post a copy of the Order at the main
door of the building and mail a copy of the Order to the last
known owner, operator, or possessor at his/her last known
mailing address.
2. The Housing Inspector shall enter and conduct an
inspection of the described building on the date and at the
time indicated in the Order.
f2-22-77
9.30.5 LICENSING Or RENTAL DWELLINGS
A. No person shall operate a rental dwelling or shall let
to another for occupancy any unit in any dwellinq unless he holds
a valid Permit or Temporary Permit for said dwelling, issued by
the liousing Inspector or in the name of the operator and for the
specific dwelling or dwelling unit.
B. Every Permit shall be issued for a period of one year
from its date of issuance unless sooner revolted, and may be renewed
for successive periods of not to exceed one year.
C. No Permit shall be issued and no Temporary Permit shall
be issued or renewed unless the applicant owner or operator has
first made application therefore, on an application form provided
by the liousing Inspector. The liousing Inspector shall develop
such forms and make them available to the public.
D. The Housing Inspector is hereby authorized upon application
therefore, to issue new Permits and renewals thereof, in the
names of applicant owners or operators of rental dwellings. No
Permit shall be transferable to another dwelling or structure. No
such new Permits shall be issued unless the rental dwelling unit
or rooming unit, in connection with which the Permit is sought, is
found after inspection to meet all. applicable requirements of this
ordinance and applicable rules and regulations pursuant thereto.
The (lousing Inspector may or may not require inspection of the unit
for the renewal of an existing Permit.
E. The Housing Inspector is hereby authorized upon application
therefore, to issue Temporary Permits, and renewals thereof, in the
names of applicant owners or operators of rental dwellings. The
applicant owners or opererators in whose names Temporary Permits are
issued or renewed, shall agree that all neces sary improvements needed
to bring the unit into compliance with all the applicable provisions
of this ordinance, shall be done within the time period specified
in said Temporary Permit.
P. Upon the issuance by the liousing Inspector of any new Permit
or any Temporary Permit under the provisions of this Section, there
shall be paid by the owner nr opertnr of the rental dwelling, n fee,
the amount of which shall be set by Resolution of the City Council,
Iowa City, Iowa. The fee for a Temuorary Permit shall be the same
as for a Permit and a separate fee shall be rc-mired for a regular
Permit issued after a Temporary Permit has exp ir-d or the unit has
come into compliance.
C;. The ticusing inspector may peafarm an inspection to
determine whether the dwr:ll.inq furwhich tiw 1"-rmil ir. nnurrhi
Ab if) compliance wati: Cha dpplrcdiiir provis3orca of tiu a oldinance
and with npplicnble- rules nrld requltit inns pur�:uent the-reto, hefnre
the issuance of a Now Permit or Temporary Perm it nr the rem ewaI
of a 'Temporary Permit on saic dwe]l:ny.
:t-2'1-77
li. The housing Inspector is hereby authorized to periodi-
cally inspect all dwellings on the following routine cyclical basis:
1. Single family dwellings containing rental units
may be inspected at: least once every four years.
2. Duplexes may be inspected at least once every three
years.
3. multiple Dwellings and Rooming (louses shall be
inspected at least once a year.
I. The failure of any owner or operator of a dwelling for
which a current valid Permit or Temporary Permit has been issued,
to properly permit entry therein by the Housing Inspector after
proper demand is made, as provided in Section 9.30.3.13 of this
ordinance, will constitute grounds for the revocation of the Permit
or Temporary Permit issued to said dwelling.
J. Whenever, upon inspection of any rental dwelling, the
!lousing Inspector finds that conditions or practices exist which
are in violation of any provisions of. this Chapter, the Ilous ing
Inspector shall give notice, in writing, to the operator of such
dwelling, that unless such conditions or practices are corrected
within a reasonable period, to be determined by the Housing
Inspector, the operator's Permit or Temporary Permit will be
revoked. At the end of such period, the Housing Inspector shall
reinspect such rental dwelling and if he finds that such conditions
or practices have not been corrected, he shall give notice, in
writing, to the operator that the latter's Permit has been revoked.
Upon receipt of notice of revocation, such operator shall immediately
cease operation of rental dwelling and no person shall allow occupancy
for sleeping or living purposes any unit therein provided, except
that in instances where violations of this Chapter are confined to one
of several dwelling units or rooming units within a dwelling and,
in the judgment of the Housing Inspector, do not constitute a
hazard to health or saf a ty elsewhere, the Housing Inspector may
limit the application of the renuirement to vacate premises to the
areas in which the violations exist.
K. REMEDY NON-EXCLUSIVE. No provision or section of this
ordinance shall in any way limit any other remedies available under
the provisions of the Housina Code or env other annlicable law.
L. Any person whose Permit to operate a rental dwellinq
ties been revoked, or who has received notice from the Housinq
Inspector that his Fermi t is to be r,•vnketi unlebb existing
nond.ilionr+ <,r prectires -11 )Jr rnutul dwi11ina err rorrorterl, may
requebt., dna shall be gzantea, a nearing c,n t.ne matter t.relore- the
Housing Appeals Hoard unrtr•r the r,roredure provided by section
F ,'.
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9 _ 30 .6 of this Chapter provided thaL i f no peLi tion for such
hearing is filed within ten days following tho day on which such
Permit was revoked, such notice shall he deemed to he a final order
of revocation.
M. No structure containing one or more dwelling units shall
ba converted from one housing classification to another without
said structure and dwelling unit having been inspected by the
Housing Inspector within 180 days prior to said conversion. Upon
correction of any noted deficiencies, the !lousing Inspector shall
issue a Permit for said structure and dwelling unit (s) .
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9.30.6 ENFORCEMENT -NOTICE AND HEARINGS
A. Whenever the Housing Inspector determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this ordinance, the Housing Inspector shall
issue a notice setting forth the alleged violations, and advising
the owner, occupant, or operator that such violations must be
corrected.
This notice shall:
1. Be put in writing.
2. Include a statement of the reasons why it is being
issued.
3. Allow a specific time for the performance of any
act it requires.
9. Be served upon the owner or his agent, or the occupant,
as the case may require; provided that such notice shall be
deemed to be properly served upon such owner, or agent, or
upon such occupant, if a copy thereof is served upon him
personally; or if a copy thereof is sent by first class mail
to his last known address; or if he is served with such notice
by any other method authorized or required under the laws of
this state.
5. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of
this Chapter_
B. For the purposes specified in subsection 9.30.6.C, 9.30.6.D,
9.30.6.E, 9.30.5.L, and 9.30.19.F., of this Chapter there is hereby
created a (lousing Appeals Board. The City Council may appoint a
special board or may utilize any existing official board of the
City for this purpose.
C. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this Chapter
may request, and shall be granted, a hearing on the matter before
the Housing Appeals Board; provided that such person shall file in
the office of the Housing Inspector a written petition requesting
such hearing and setting forth a brief statement of the grounds
therefore, within ten days after the date the notice was served.
Upon receipt of such petition, the Housing Inspector shall set a
time and place for such hearing; shall give the petitioner written
notice thereof, and shall take no further enforcement action pending
the outcome of the hearing. At such hearing, the petitioner shall
be given an opportunity to be heard and to show why such notice should
be modified or withdrawn. The hearing shall be commenced not later
than thirty (30) days after the date on which the petition was filed
provided that upon application of the petitioner, the Housing
Inspector may postpone the date of the hearing for a reasonable time
beyond such thirty (30) day period if, in his judgement, the
petitioner has submitted a good and sufficient reason for such post-
E+onement .
DRAFT
D. After such hearing, th c (lousing Appeals Board shall sustain,
modify, or withdraw the notice, depending upon its findings as to
whether the provisions of this Chapter have been complied with.
If the Housing Appeals Board sustains or modifies such notice it
shall be deemed an order. Any notice served pursuant to subsection
9.30.6 of this Chapter shall automatically become an order if a
written petition for a hearing is not filed in the office of the
Housing Inspector within ten days after such notice is served. After
a hearing in the case of any notice revoking any Permit required by
Section 9.30.5 when such notice has been sustained by the Housing
Appeals Board, the Permit shall be deemed to have been revoked.
Any such Permit which has been revoked by a notice,, shall be deemed
to be automatically a final order of revocation if a petition for
hearing is not filed in the office of the Housing Inspector within
ten days after such notice is served.
E. Whenever the Housing Inspector finds that an emergency
exists which threatens immediate 1y the public health, he may issue
an order citing the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Not withstanding the other provisions of this Chapter, such order
shall be effective immediately. Any person to whom such order is
directed shall comply therewith immediately, but upon petition to
the Housing Inspector shall be afforded a hearing as soon as possible.
After such hearing, depending upon its findings as to whether the
provisions of this ordinance have been complied with, the Housing
Appeals Board shall continue such order in effect, or modify it,
or revoke it.
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9.30.7 BASIC EQUIPMENT AND SUPPLIES
9.30. 7 Basic Equipment and Suppli.cs. No person shall occupy
as owner -occupant or let to another for occupancy any dwelling or
dwelling unit, for the purpose of living, Slee ping, cooki.na, or
eating therein which does not comply with the following requirements.
A. Every supplied facility, piece of equipment or utility
required by this ordinance shall be constructed or installed so
that it will function safely and effectively, and shall be main-
tained in satisfactory working condition.
B. Every dwelling unit shall have a kitchen room or portion of
a room in which food may be prepared and/or cooked. The kitchen
shall have adequate ventilation, as set forth in Section 9.30.8.D
of this ordinance, and shall be equipped with the following:
1. A kitchen sink in good working condition and properly
connected to a water supply system which provides at all times
an adequate amount of heated and unheated running water under
pressure, and which is properly connected to a sewer system.
2. Cabinets and/or shelves or the storage of eating,
drinking and cooking equipment and utensils and of food that
does not require refrigeration for safe keeping.
3- A stove or range for cooking food, a refrigerator, or
similar device, for the safe storage of food at a temperature
less than fifty degrees (50 F.) but more than thirty-two
degrees (32 F.) which are properly installed, provided that such
stove or range and refrigerator need not be installed when dwelling
unit i s not occupied or when the occupant is expected to provide
the same on occupancy.
C. Every dwelling unit shall contain a room which affords
privacy to a person within said room and which is equipped with a
toilet and a lavatory basin in good working condition and properly
connected to a water and sewer system approved by the dousing
Inspector.
D. Every toilet shall be of the trapped type, with facilities
for safe and clean flushing. No toilet shall lie of the so-called
"flush -hopper", "frost -proof hopper", or simila z type.
E. Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or shower
in good working condition and properly connected to a water and
sewer system approved by the housing Inspector.
ii. E'L'E3j' dere iiiLg GT rDb11,11j unit sha!! =.SPE b `&C1:5ty for
the safe sto rage of drugs and household poisons_
C. No ownor, npr,ratr,r, or orrntlmni. shall r'nusn rcervirr , 1'aci 1 ity,
equipment, or utility, which is rractui red undo•r t.l. s rhatit.er, , to bc-
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removed from or shut off from or discontinued for any occupied
dwelling let or occupied by him except for such temporary interruption
as may be necessary while actual repairs or alterations are in
process, or during temporary emergencies.
H. Every kitchen sink, lavatory basin, and bathtub or shower
required under the provisi ons of this Chapter shall be properly
supplied with both hot and cold water.
I. Every dwelling shall have supplied water heating facilities
which are properly installed, are maintained in safe and good working
condition, are properly connected, and are capable of heating tinter
to such a temperature as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory, basin, bathtub or
shower at a temperature of not less than one hundred twenty degrees
(120 F.). Such supplied water heating facilities shall be capable
of meeting the requirements of this subsection when the dwelling
or dwelling unit heating facilities required under the provisions
of subsection 9.30.8.G. of this Chapter are not in operation.
J. All plumbing sha 11 be so designed and installed as to
prevent contamination of the water supply through backflow, back -
siphonage, and any other method of contamination and so that no
potable water line or plumbing fixture is directly connected to a
non -potable water supply.
K. Every water Supp 1y line shall be so constructed that there
is no possibility of a cross -connection between a potable and non -
potable water supply.
L. Every water Supp 1 y inlet shall be located above the flood
level of any installed sink, lavatory, bathtub or automatic washing
machine and similar water using fixtures, or above some non-obstructive
overflow thereof; and there shall be no submerged inlets, except
submerged inlets installed with a vacuum breaker of a type approved
by the housing Inspector.
M. The waste line of every water usina fixture shall be trapped
and every waste line shall drain freely without obstructions and
shall be free of leaks.
N. All supplied plumbing shall be maintained in good working
condition and reasonable repair by the owner.
0. Water pressure si.all be adrquatt to pcimit o proper f lcwa of
water from all open outlets at all times.
P. Ev's-r, n_ar pipe £�. a.11 tic ^.a an a tFa l:. �:.♦ Fy a. tV F, i
shall be free of leaks, corn"osion, or obstruction so as to reduce gas
pressure or volume.
Q. Every gas appliance shall be ronnected to a rias line with
solid mrrtal i•'1I•'inV excr:j,t t_l:at lis t:rr1 Jill -till aVC]JJ1�r Cr of Ati l: r. t:Ux
semi-rigid tubing ntay be used if approved by the Housing ]nspecr_or.
R. Cas pressure shall be adeguatie to pf-rmit aper flow of
gas from all open gas valves at all times.
n
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S_ Every gas -burning heating unit and water heater shall be
equipped with a pilot light and an automatic control to interrupt the
flow of gas to the unit in the event of pilot light failure and all
gas heating units with plenum shall have a limit control to prevent
overheating.
T. The (lousing Inspector shall in all cases where applicable
enforce the Iowa State Plumbing Code.
U_ The National Electrical Codc and the Iowa City Electrical
Code shall be enforced by the ]lousing Inspector in order to assure
that all dwellings and dwelling units are provided a safe and
adequate power supply.
V_ Every multiple unit and rooming unit shall have access to
two (2) independent, unobstructed means of egress remote from each
other, and available from each floor level. At least one shall be
a doorway which discharges directly or via corridors or stairways
or both, to the exterior of the building at ground level.
Every dwelling or rooming unit shall have safe, unobstructed
means of egress leading to safe and open space at ground level, as
required by the laws of this state and ordinances of the City of
Iowa City.
W_ All stairs and steps, either interior or exterior having
four or more risers shall be eqipped with a substantial handrail
situated between thirty (30) and thirty-four (34) inches above the
nose of the stair treads. All stairways between occupied floors and
Porch and .walkway steps shall have at least six foot six inches
(61611) of head room; a riser height of not more than eight inches
and a tread width not less than nine inches. Fire escape stairs
shall have a tread width of at least nine inches and a riser not
in excess of nine inches. winders shall not be used on fire escapes.
All areas accessible to accupants of any dwelling and situated more
than two feet above adjacent areas shall be protected by substantial
guardrails at least thirty-six inches high.
%_ No person shall let for occupancy any dwelling or dwelling
unit unless all exterior doors, and all windows below the second
floor of the dwelling or dwelling unit, are equipped with a safe
functioning locking device.
z
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9.30.8 LIGHT, VENTILATION AND HEATING
9.30.8 Light, Ventilation, and Heating. 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
following requirements:
A. Every habitable room except those used solely for cooking
or cooking and eating shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops , for every habitable room shall be ten percent of the
floor area of such room or in conformity with enerqy conservation
measures as outlined in the Uniform Building Code.
B. Every habitable room shall have at least one window or
skylight which can easily be opened, or such other device as will
adequately ventilate the room. That total op enable window area in
every habitable room shall be equal to at least forty-five percent
(958) of the minimum window area size or minimum skylight type
window size, as required in subsection 9. 30.8 .A, except where there
is supplied some other device affording adequate ventilation and
approved by the Housing Inspector.
C. Whenever walls or other portions of structures face a window
and such light -obstructing structures are located less than three
feet from the window and extend to a level above that of the ceiling
of the room, such a window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the required
minimum total window area. Whenever the only window in a room is
a skylight type window in the top of such room, the total window area
of such skylight shall equal at least fifteen percent (158) of the
total floor area of such room.
D. Any kitchen which does not have a window or skylight shall
have supplied electric luminaries capable of producing at least
seventy (70) root candles of light at the cooking surface level of
ranges and twenty (20) foot candles of light at the surface of table
and other food preparation work surfaces. Such kitchens shall be
equipped with a mechanical ventilation system which is in working
condition and is approved by the Housing Inspector.
E. Every bathroom and water closet compartment shall comply with
the light and ventilating requirements for habitable rooms contained
in subsections 9.30.8.A and 9.30.R.13 except that no window or skylight
shall be required in adequately ventilated bathrooms and water closet
compartments equipped with a ventilation system lu working cun6itaon
and approved by the Housing Inspector.
F. Every pulli.c hall and stoirway in eve -r2 multiple dwellinn
conini.ning fiv(, ra more- dwellieg units shall 1.>I' edoguntPlV lighted
tit all times. Cvr l )
�
U E1
L -l1-%7
solely to dwellinloccupa ncy and containing i• more than four
dwelling units shall be supplied wil.h conveniently located light
switches, controlling an adequate lightinq system which may be
turned on when needed, instead of full-time liqhtinq. The continuous
or available light intensity at floor or stair tread level shall
be at least two foot candles.
G. 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 habit able rooms,
bathrooms, and water closet compart-mr_nts located therein t o a
temperature of at least seventy degrees (70 P.) and which shall
maintain in all said locations a minimum temperature of sixty-five
degrees (65 P.), at a distance of three feet above floor lovel at
all times. Such heating facilities shall be so operated and equipped
that heat as herein specified is available to every dwelling unit
and rooming unit.
li. Every central heating unit, space heater, water heater,
and cooking appliance shall be located and installed in such a
manner, so as to afford reasonable protection against involvement
of egress facilities or egress routes in the event of uncontrolled
fire in the structure of materials in the structure. Every fuel
burning heating unit or water heater shall be effectively vented
in a safe manner to a chimney or duct leading to the exterior of
the building and shall be furnised with adequate air supply. The
vents shall be of such design as to assure proper draft, shall be
adequately supported and shall be kept reasonably clean and in
good condition. The chimney and flue shall be properly installed
and maintained in good repair.
I. No fuel burning heater shall be located within any sleeping
room unless provided with adequate ducting for air supply from the
exterior, and the combustion chamber for such heating unit shall be
sealed from the room in an airtight manner.
J. Every steam or hot water boiler and water heater shall be
protected against overheating by appropriate temperature and
pressure limit controls,a s approved by the Housing Inspector.
K. During that portion of each year when the Housing Inspector
deems it necessary for protection against mosouitoes, flies, and
other insects, every door used for ventilation, opening directly from
a dwelling unit or rooming unit: to outdoor space, shall have supplied
screens of not less than sixteen (1 6) mesh per inch and a self-closing
device; and every window or other device with openings to the outdoor
space, used for ventilation, shall likewise be supplied with such
screens.
L. During that portion of each year when the Housing Inspector
deexis it neceb-16ay for prot.ec'tior: ayaintt tim e:es:er,ts and " i-v,ert
door, opening directly from a dwellinq unit or roominq unit to outdoor
apace, shall have supplied storm doors with a self-closinq device;
and every winHnw or other elpvipe with nl,eninoa to thcc outdoor 5pnre
shall likewise he supplier': with worm windows, exrppt whpre cur,h nthrr
dev;.rr Jnr f.rgtr.r-t.]op aaJ; y th„ ,.. i,t I el!.,� ,..ir+ iE I,r n�'::
as insulating glass, and i nsulafed metal exter;or doors.
M. 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 supplied with a heavy
wire screen of not larger than one—fourth (i;) inch mesh or such
device as will effectively prevent their entrance.
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7-7'1-77
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9.30.9 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS
9.30.9 Minimum Space, Use, and Location Requirements. 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 following
requirements:
A. Every d%mlling unit shall contain at least one hundred fifty
(150) square feet of floor space for the first occupant thereof and
at least one hundred (100) additional square feet of floor space for
every additional occupant thereof; the floor space to be calculated
on the basis of total habitable room area. Each bedroom in each
such unit shall contain at least seventy (70) square feet of floor
space.
B. In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes shall contain at least four hundred
(400) cu. ft- of air space for each occupant twelve (12) years of
age or older and at least two hundred (200) cu. ft. of air space
for each child under twelve (12) years of age.
C. The floor area of that part of any habitable room where the
ceiling height is less than five (5) feet shall not be considered
as part of the floor area in computing the total floor area of the
room for the purpose of determining the maximum permissable
occupancy thereof.
D. Every habitable room hereafter erected shall have a finished
floor to fin: shed ceiling height of at least seven (7) feet. No
ducts, pipe, wiring, or electrical ceiling fixtures shall obstruct
the passage in or out of any room or the normal passage about any room.
E. In any structure containing two or more dwelling units or
rooming units, access to a shared bathroom or toilet compartment
shall be through a common hallway. Access to each dwelling unit or
rooming unit shall not require first entering any other dwelling
unit or rooming unit or bathroom.
F. No basement space shall be used as a habitable room or
dwelling unit unless;
1. The floor and walls are impervious to leakage of
underground and surface runoff water and are insulated against
dampness_ Basement rooms shall be well drained and dry at all
times.
2. The total window area in each room is equal to at least
the minimum window area sizes as required in subsections 9.30 .8 .A
and 9.30 - A.B.
3. Such required minimum window area is located entirely
above the grade of the ground adjoining such window area or a
window 1>.-7ow grade in whole or in part shr ]) havr, w.i."dow wr-11:;
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providing a minimum clear space of three feet from the face
of said window.
4. At least one of the rooms of: the basement dwelling unit
or rooming unit shall have a window or windows opening
directly to the street or yard with an aggregate of at least
twelve (12) square feet in size clear of sash frame and which
shall open readily for the purposes of ventilation and egress.
Where a window well exceeding thirty (30) inches in depth is
required for such window, there shall be a proper guardrail
around the excavation. Where such window well exceeds four
feet in depth there shall be an escape ladder provided for
egress.
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9.30.10 GENERAL REQUIREMENTS RELATING TO THE SAFE AND
SANITARY MAINTENANCE OF PARTS OF DWELLINGS AND DWELLING UNITS.
9.10.10 General Requirements Relating to the Safe and Sanitary
Maintenance of Parts of Dwellings and Dwelling Units. No person
shall occupy as owner -occupant or let- to another for occupancy any
dwelling or dwelling unit, for the purpose of living, cooking or eating
therein, which does not comply with the following requirements:
A. Every foundation, roof, floor, wall, ceiling, stair, step
sidewalk, and every window, door, and other aperture covering shall.
be maintained in good condition.
B. Every door, door hinge, door latch and door lock shall be
in good condition and every door, when closed, shall fit reasonably
well within its frame. All windows and doors, and their frames
shall be constructed and maintained in such relation to wall
construction as to exclude rain and wind from entering the structure.
C. Every doorway to and within each habitable room bathroom,
toilet room, kitchen, hall, and stairwell shall be at least six foot
four inches (6'4") high and -twenty-four (24) inches wide. All entrance
doorways to dwelling units and rooming units shall be equipped with
doors which effectively close the doorway.
D. All structural, insulating, and wall, ceiling, and floor
finish materials, and the installation thereof shall be such as to
provide fire resistivity and flame spread characteristics as
required by State Code 413.35 and the surfaces shall be of such character
as to be easily cleaned.
E. Every water closet compartment floor surface, bathroom floor
surface and kitchen floor surface shall be constructed and maintained
so as to be reasonably impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition. Any
carpeting that is adjudged to be in an unsafe or unsanitary condition
shall be ordered removed by the Housing Inspector. Floor surfacings
which are in good condition and composed of terrazo, tile, smooth
concrete, rubber, asphalt ti 1e, linoleum, or other similar materials
which are reasonably impervious to water shall be deemed to satisfy
the requirements of this provision.
F. A11 wall, ceiling and floor areas immediately adjacent to
water using fixtures in kitchens, bathrooms, and utility areas shall
be constructed and maintained so as to be reasonably impervious to
water and so as to permit such areas to be easily kept in a clean end
sanitary condition.
G. All pipe passages, chutes and similar op,,nings through walls
or floors shall be adequately encluscd ur scaled to prevent the spread
of fire or past:aciv of vermin_
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11. The electrical system of cvury dwe lli.nq shall not by reason
of overloading, dilapidation, lack of insulation or improper fusing
or for any other cause, expose tho occupants to hazards of electrical
shock or the occupants and the structure to hazards of fire.
I. Every habitable room shall be equipped with a safe electrical
switch located near and convenient to the room entrance which
activates a luminary within the room.
J. Every habitable room shall contain at least two separate
floor or wall type electric double convenience outlets which shall
be situated a distance apart equivalent to at least twenty five
percent of the perimeter of the room; and every water closet compartment,
bathroom, laundry room, furnace room, and public hall shall contain
at least one supplied ceiling or wall type electric light fixture.
Every such outlet and fixture shall be properly installed, shall be
maintained in good and safe working condition.
K. No temporary wiring shall be used except extension cords
which run directly from portable electric fixtures to convenience
outlets and which do not lie beneath floor coverings or extend through
doorways, transoms, or similar apertures in structural elements or
attached thereto, and which are of sufficient guage to safely operate
the fixture.
L. The premises and grounds of every dwelling shall be kept
orderly and free of uncontrolled materials which are hazardous to
life, health, or property and shall be graded, drained, and maintained
as to preclude the ponding of water or the attraction, breeding, and
harborage of vermin.
M. The exterior of every dwelling and its outbuildings, porches,
exterior steps, and similar appurtenances shall be painted, finished
or otherwise maintained to prevent excessive deterioration from
weathering.
N. All fences, outbuildings, and other appurtenances, on the
premises of any dwelling and all eaves, troughs, downspouts and other
roof drainage equipment of the dwelling and its outbuildings shall
be maintained in sound functional condition, and otherwise in such
manner so as not to constitute a fire, health, or safety hazard.
0. Accessory structures on the premfs Fs of a dwelling unit
shall be structurally sound, and be maintained in good repair and
free of vermin. The exterior of such structures shall be made weather
resistant through the use of decay -resistant materials of the use of
paint or other preservatives. Further, any structure built as an
accessor-y structure shall not later be made into a dwelling unit or
units without completely fulf'illinq all standards set down for the
construction of buildings by tht unifurm liui :-ding Codes and the
Iowa City [Ioucing Maintenance and Occut)ancv Crrdinance.
p. All cirt,or•ns or sirrular water stora111 facilities shall be
fenced, safely covered or filled in such a wewy as not to cn,ijle a
Lazard to life t✓r
i
-yi i r I, y
It—
0 0
9.30.11 RESPONSIBILITIES OF OWNERS AND OCCUPANTS
A. No owner shall occupy or let to any other. Occupant any
vacant dwelling unit or roominq unit unless it is clean, sanitary
and fit for human occupancy.
13. Every owner of a dwelling containing Lwo or more dwelling
units shall be responsible for maintaining in a clean and sanitary
condition the shared or public areas of the dwelling and premises
thereof. Every occupant of a dwelling or dwelling unit shall keep
in a clean, safe, and sanitary condition that part of the dwelling,
dwelling unit, and premises thereof which occupies and controls.
C. Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean, safe, and sanitary condition and shall
be responsible for the exercise of reasonable care in the proper use
and operation thereof. In shared facilities, the owner shall be
responsible for the maintenance and sanitary condition of said fixtures.
D. Every floor and floor covering shall be kept reasonably clean
and shall not be littered or covered with dirt, garbage, human or
animal fecal matter, or any other unsanitary thing. Every wall
and ceiling whall be reasonably clean and shall not be covered with
dirt or greasy film.
E. In dwellings in which rooming units are let, the operator
shall furnish and maintain such curtains, drapes, or similar
equipment as necessary to assure privacy to the occupants of the
rooming units.
F. Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of anv insects,
rodents, or other pests therein or on the premises and every
occupant of a dwelling containing more than one dwelling unit shall
be responsible for such extermination whenever his dwelling unit
is the only one infested. Notwithstanding the foreqoinq provisions
of this subsection, whenever infestation is caused by failure of
the owner to maintain a dwelling in a rodent proof or reasonably
insect proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the
dwelling units in any one dwelling, or in the shared or public parts
of any dwelling containing two or more dwellinq units, extermination
thereof shall be the responsibility of the owner.
r. No stagnant water shall be allowed to accumulate or stand
anywhere about the premises and grounds.
h. btorage and aisposai of yatbaye dud ruuhish shat i comply
with the requirements of the ordinances of the Code of 1 owe City
concerning same and the Housing Inspector may enforce the
requirements contained therein..
I. Every occupant of a dwelling or dwelling unit shall dispose
of all his rubbish, garbage, and any other organic waste in a clean
and sanitary manner, by placing it in the disposal facilities or
storage containers required by the ordinances of the Code of Iowa
City. It shall be the responsibility of the owner to supply such
facilities or containers for all dwelling units in multiple dwellings
and for all dwelling units located on premises where more than two
dwelling units share the same premises. In all other cases, it
shall be the responsibility of the occupant to furnish such facilities
or containers.
J. Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors and
windows whenever the same are required under the provisions of this
Chapter except where the owner has agreed to supply such service.
oar
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9.30..12 SINGLE FAMILY OWNER -OCCUPIED OR RENTAL DWELLINGS,
AND DUPLEX DWELLINGS
A. The provisions of section 9.30.19 of. this Chapter shall
not be required in single family or duplex dwellings.
B. In owner -occupied single
duplexes, the following provisions
required for those portions of the
the owner:
family dwellings and owner occupied
of this Chapter shall not be
structure which are occupied by
1. 9.30.7.F (medicine cabinets)
2. 9.30.7.W (Secondary egress)
3. 9.30.7.X (handrails only)
9. 9.30.8.D (kitchen lighting and vent)
5. 9.30.8.E (bath vent)
6. 9.30.8.F (Public hall lights)
7. 9.30. 8 _X (Screens)
8. 9.30.8.L (Storms)
9. 9.30.9 .E (Access to bath and unit)
10. 9.30.10.1 (Wall Switch)
11. 9.30.10.) (Only one outlet required in each room)
C. Excepting sections 9.30.12.A and 9.30.12.B, a 11 other
provisions of this ordinance shall apply to owners and/or
occupants of single family dwellings and duplexes.
26 UAFT
2-22-77
0
9. 30. 13 ROOMING IIOUSES-MULTI. PLP: DWRI.I,INGS
A. In dwellings in which rooming units are let at least one
toilet, lavatory basin, and bathtub or shower, properly connected
to a water and sewer system approved by the Housing Inspector and in
good working condition shall be supplied for each eight persons or
fraction the,-eof, including members of the operator's family. In
any rooming house where rooms are let only to males, flush urinals
rnay be substituted for not more than one-half (3;) the required
number of toilets. All such facilities shall be so located
within the dwelling as to be reasonably accessible from a common
h all or passage way to all persons sharing such facilities.
B. Every rooming unit shall contain at least four hundred
(400) cubic feet of air space for each occupant thereof.
C. The operator of every rooming house shall be responsible
f=or the sanitary maintenance of all walls, floors, and ceilings,
and for maintenance in a sanitary condition of every other part of
the rooming house and lie shall futhe r be responsible for the
sanitary maintenance of the entire premises where the entire structure
or building is leased or occupied by the operator.
D. Fire extinguishers which are approved by the Dousing Inspector
and which are suitable for the occupancy as set forth in the State
Fire Rules and Regulations shall be provided in every multiple
Swelling and rooming house. Extinguishers shall be properly hunq
and shall be maintained in operable condition at all times.
E. Every provision of this Chapter which applies to rooming
houses shall also apply to hotels, residence halls, fraternities
and sororities, except to the extent that any such provision may be
found in conflict with the laws of this state or with the lawful
regulations of any state board or agency.
P. In every rooming house in which space is let to more than
four persons and inevery multiple dwelling in which more than one
dwelling unit is served by a common central heating system or water
h -eating system, the heating unit or units shall be suitably enclosed
with one hour fire resistive construction including all walls,
ceilings, and doors, or a sprinkler system approved by the llousinq
inspector.
G. No wooden multiple dwelling shall Hereafter Le erected
eyceeding two stories in height and no wooden buildina not now used
as a multiple dwelling shall hereafter be altered into a multiple
dwelling exceeding two stories in height. Nor shall any attic be
altered so as to be made into a habit -able livina unit unless said
alteration complies fully with all tine pruvisiout of tills ordinance.
H. In every ronming house cooking in rooming units is prohibited.
Cooking facilities in any rooming hou�e shalJ comply with rection
9 _ 30.7.11 of thir. Co6r.. r.c
T
_27_
'l-12-77
• •
9.30. 14 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE
OF CONDEMNATION.
9.30. 14 Designation of Unfit Dwellings and Legal Procedure
of Condemnation. 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 following requirements.
A. Any dwelling or dwelling unit which shall be found to have
any of the following defects shall be condemned as unfit for human
habitation and shall be so designated and placarded by the Housing
Inspector.
1. One which is so damaged, decayed, dilapidated,
unsanitary, unsafe, or vermin infested, that it creates a
serious hazard to the health or safety of the occupants or
of the public.
2. One which lacks light, ventilation, or sanitation
facilities adequate to protect the health or safety of the
occupants or of the public.
3. One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety
of the occupants or of the public.
B. The Housing Inspector shall leave a reasonable period of
time,,but not more than six months, between the time he placards the
property and the time he begins condemnation proceedings if remedial
action is not taken to correct the situation for which the dwelling
was placarded.
C. Any dwelling or dwelling unit or any portion thereof,
condemned as unfit for human habitation and so designated and
placarded by the Housing Inspector, shall be vacated immediately
or as ordered by the Housing Inspector.
D. No dwelling or dwelling unit or portion thereof which has
been condemned and placarded as unfit for human habitation, shall
again be used for human habitation until written approval is secured
from, and such placard is removed by, the Housing Inspector. The
Housing Inspector shall remove such placard whenever the defect or
defects upon which the condemnation and placarding action were based
have been eliminated.
E. No person shall deface or remove the placard from any dwellina
or dwelling unit which has been condemned as unfit for human habitation
and placarded as such, except as provided in subsection 9. 30. 14-D.
F. Any person affected by any notice or order relating to the
cvudc:mnirng and placal7ding of a dwelling or dii,clling unit r,s ur.fit
for human habitation may request, and shall be granted, a hearing on
the matter before the Housing Appeals Board under the procedure set
forth in Section 9.30.6 of this ChaptFr.
—�e lFT
j -/
9.30.15 REPALIi11C)RY CO? DL)=
9.30.15 No landlord imy increase rents roor decrease sati0n of the ervices,
ease
nor evict a tenant, prior to the normal exp'
of any tenant who has filed a Taint based upon an actual violation
of this ordinance as found by a court.
It shall be a defense against any forceable entry and detainer
action that the eviction of the tenant is solely in retaliation for the
tenants complaint of the conditions in violation of this ordinance to a
goverrnental official charged with its enforcenentw-
-29-
�0 •
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR
THE MSCATINE AVE IMPROVED7ETIf PROJECT FAUS NO. M-4052(829)--81-52
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER
PERSONS INTERESTED:
Public notice is hereby given that the City Council of the
City of Iowa City, Iowa, will conduct a public hearing on plans,
specifications, form of contract and estimated cost for the con-
struction
on-
struction of the DIuscatine Ave Improvement Project FAUS No. M-4052(829)--81-52
in said City at 7:30 o'clock P.M. , on the 26th day of
April , 19 77 , said meeting to be held in the Council
Chambers in the Civic Center in said City.
Said plans, specifications, form of contract and estimated
cost are now on file in the office of the Clerk in the Civic Center
in Iowa City, Iowa, and may be inspected by any persons interested.
Any persons interested may appear at said meeting of the City
Council for the purpose of making objections to said plans, specifi-
cations or contract or the cost of making said improvement.
This notice given by order of the City Council of the City
of Iowa City, Iowa.
r,�, L, - Jf17
Abbie Stolf s
City Clerk of Iowa City, Iowa
PH -0]
gs✓
0 0
ESTIMATED PROJECT QUANTITIES
FI L E D
APR 1 51977
ABBIE STOLFUS
CITY CLERK
ESTIMATED UNIT
ITEM DESCRIPTION gUUANTITY UNIT PRICE
1.
Pavement, standard
or slip form P.C.
Conc., Class C, 8"
260005,5
2.
Pavement, standard
or slip form P.C.
Conc.., Class C, 6"
92.0
31
Drives, P.C. Conc.,
6"
2,234,0
4.
Sidewalk, P.C. Couc. $
4"
510995,0
5.
A.sphalr.ic Cnr.c.,
Type A Surface course
mixt, size 3/8"
498
6,
Primer or tack -coat
bitumFn
SO
P-1
Sq yds $ 3
Sq yds fa°el
Sq yds $
Sq ft S / 2b
EXTENDED
PRICE
$93907/ s`
Sq yds $16 LJ—/f rn. It
9
LJ
ESTIMATED
ITEM
; DESCRIPTION
QUANTITY
7.
Wall, P.C. Conc_
$
Lin It
Retaining
52.17
8.
Revetment, Class B
$ /-5-
SLin
stone
16
9.
Sewer, 2000 D Storm
Lin It
12" dia
2,251
10.
Sewer,..2000 D Storm
$ 73 =°
$
15" dia
439
11.
Sewer, 2000 D Storm
Each
18" dia
344
12.
Sewer, 2000 D Storm
$ 7,ao =°
Each
24" dia
4 35
13.
Sewer, 2000 D Storm
$-oyto =°
27" dia
47
14.
Sewer, 2000 D Storm
Each
$ G.Sa
36" dia
456
15.
Aprons, Concrete,
Cu yds
12t1 dia
2
16.
Intake, RA -3
8
17.
Intake, RA -S
4
18.
Intake, RA -8
21
19.
Intake, special,
as per plan
8
V.-_
Manhole, special
as per plan
7
27.
Saw Cut
I,422
22.
EScaystion, Class 10,
Roadway S borrow
7,751.9
23.
Seeding
2.380
24.
Sodding
294
25.
Plantings, as peer
plan
I
P•2
• UNIT EXTENDED
UNIT PRICE PRICE
Cu yds
$/7S
$9i��.'-'�
Sq yds
$ oo =°
$
Lin It
$ /.�
$ ?8i37 • =°
Lin It
$ /-5-
SLin
LinIt
$ L7
Lin It
$ ,? ��
$ yS70 =°
Lin It
$ 73 =°
$
Lin It
$
Each
$
Each
$ goo G°
$ 7,ao =°
Each
s -a
Each
$z o 00
$-oyto =°
Each
$ G.Sa
Lin It
$ _
$_-elzsr•.�c
Cu yds
Ac res
Squares
$ ifr
lump
S"III
f
ITEM
26.
27.
28.
29.
30
•
e
Removal
Surfacing, Class A
ESTIMATED
UNIT
EXTENDED '
UNIT
Removal of
PRICE
Sq yds
$
Removal of
S q yds
$
Sq yds
$
2,640
31.
Surfacing, Class A
ESTIMATED
DESCRIPTION
QUANTITY
33
Removal of
pavement
18,465
114.45
Removal of
Drives
2,701
Removal of
sidewalk
2,640
1
Removal of
Existing
Manhole, sanitary -
L ump
structures
1
Sum
Removals, as per plan
A
Lump
S um
31.
Surfacing, Class A
-�
crushed stone, driveway
33
Tons
'32.
Clearing & Grubbing
114.45
of Sch
33.
Signals, Traffic
Lump
$
control, install
1
Sum
34.
Manhole, sanitary -
special as per plan
4
Each
35.
Sewer, Clay sanitary
- extra strength,
6" dia
64
Lin it
36.
Sewer, Clay sanitary
- extra strength,
-
811 dia
747
Lin it
TOTAL EXTENDED P RICE
(Items 1 thru 36)
P-3
$/OOU OO $ /000 -°
$
$ /3 -0 $ //S 78•So
$ 6 F6 SJs c0
-�
$
$
$ 9/00 =°
$
$j00 =O
$
$
$ /3 -0 $ //S 78•So
$ 6 F6 SJs c0
0 0
SPECIAL PROVISIONS
O1 - WORKING DAYS
Except for such work as may be required to properly maintain
lights and barricades, no work will be permitted on Sundays or
legal holidays without specific permission of the Engineer.
02 - MAINTENANCE AND CONTROL OF TRAFFIC
Two way vehicular traffic must be maintained on 1st Avenue and
Muscatine Avenue with the following exceptions:
a. 1st Avenue may be closed to traffic during storm sewer
crossing installation; removal of existing paving and
new paving installation.
b. Muscatine Avenue between 2nd Avenue and lst Avenue may
be closed to traffic during storm sewer crossing
installation; removal of existing paving and new paving
installation.
c. Muscatine Avenue between 1st Avenue and Willow St. may be
closed to through traffic but access to all businesses on
the north side of Muscatine must be adequately maintained
during construction.
d. 'Muscatine Avenue between Willow and Juniper streets may be
closed to traffic during storm sewer crossing installation;
removal of existing paving and new paving installation.
e. Muscatine Avenue bet ween Juniper and Scott Boulevard may be
t1, Eli tTi. ffiL }-1:1 NCCCcB
be maintained during construction.
0 0
Muscatine Avenue will be restored, as soon as possible, to traffic
after installation of the storm sewer and after removal of
existing pavement.
The successful bidder shall submit to the Engineer a construction
schedule for the improvements based on the above criteria five
working days in advance of the pre-construction meeting (exact
date to be set after contract is awarded).. This schedule shall
be discussed and finally approved at the pre-construction
meeting. The basic criteria of the schedule shall accommodate
the necessary traffic movement to private property adjacent to the
.construction site and to minimize the extent of its disruption.
Based on the approved schedule, the City will attempt to develop
a detour plan which the Contractor shall sign and maintain, the cost
of which shall be incidental to the ongoing construction of the
project.
03 - WASTE
Waste disposal is incidental to construction and no additional
compensation shall be allowed. Disposal sites shall be approved
by the E.n"ineer.
04 - CompjaCTION
The 'top six (6) inches of all subgrade under concrete shall be
scarified to a depth of 6 inches and compacted with equipment
approved by the Engineer to 90% modified proct.e r density determined
in sccor.Lnce with AASHO T-360.
Plastic film conforming to Section 4707.02 shell be used for
subgrade treatment.
0
06 - TRENCH BACKFILL
Trenches under proposed paving and sidewalk shall be backfilled
with 3/4 inch crushed stone complying with "Base Specification"
Article 4122;02. Trench backfill shall be compacted to 90%
modified pr.octer density. This item will not be paid for separately
but shall be incidental to the contract, and'no extra compensation
will be allowed therefore.
07 - STORM SEWER JOINTS
Storm sewer joints shall be sealed with a bituminous sealer.
08 - INTAKE. AND STORM SEWER REMOVAL
Existing storm sewer intakes and manholes to be removed shall have
the bottom slab broken sufficiently to all6w'drainage through it.
All pipes connected to the intake will be tightly plugged with
concrete. The intake will then be compacted to 90% modified
procter density with 3/4 inch crushed stone complying with "Base
Specification" Article 4122.02. Where top of storm sewer
interferes with new construction, the pipe shall be removed.
09 - SANITARY AND WATER SERVICES
All sanitary sewer services or water services disrupted during
cui.siruction shall be repaired and replaced by the contractor. The
above work shall be incidental to construction..
10 - PRECAST CONCRETE MANHOLE ADJUSTMENT
Adjust in( nt shall he made with either four (4) font diameter manimle
sections or two (2) foot diameter adjusting rings. Adjusting
rings uT two (2) foot diameter shall not exceed sixteen (16) inches
so that no more than one sixteen (16) inches of the two (2) foot
rings will pluce the top of the manhole of the pl pc -1 cJcvutiolt.
0 0
11 PORTLAND CEMENT CONCRETE
Portland cement concrete shall be type C-3.
12 - CONCRETE PLACEMENT AT INTERSECTIONS
On the intersection of 1st Avenue and Muscatine, the parabolic
crown section shall begin to die at the P,T.R. such that a uniform
transition from a full parabolic section to a straigh grade
(parabolic section eliminated) at the centerline of both streets
is achieved.
13 - CONCRETE DRIVEWAY REMOVAL
Concrete driveways shall be defined to include the concrete
driveways between the sidewalk and the curb, the sidewalk adjacent
to the driveway, and all concrete beyond the property line side
of the sidewalk. Concrete driveway removal shall include both
asphaltic concrete and portland cement concrete. The area of
driveways marked for removal and -removed will be computed in square
yards from measurement of the driveway surface.
14 - PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT
Portland Cement concrete driveway pavement shall be defined to
include -rhe P.C.C. driveway between the sidewalk and the curb, the
sidewalk adjacent to the driveway and all P.C. concrete placed
beyond the property line side of the sidewalk.
1S AS1'NALIIC CONCRETE
Asphaltic concrete shall be a commercial mix appruved by the
Engineer prior to construction„
16 - S1;WP.R LINL MATERIAL
Section 2502,03C sha11 be modified to dnclude the following:
0 0
1. Vitrified Clay Pipe - All vitrified clay sewer pipe shall
conform to "Tentative Specifications for Extra Strength Clay Pipe:,
A.S.T.M. designation C-200-6ST, or the latest re vision thereof.
2. Joints Vitrified clay pipe shall have factory fabricated
joint connections conforming to Tentative Specifications for
Compression Joints for Vitrified Clay Bell and Spigot Pipe"
A.S.T.M, designation C42S-66T or the latest revision thereof.
Joints may be Type I or Type III, subject to approval by the
Engineer,
17 - SERVICE CONNECTIONS
Six inch (611) diameter service wyes of a material equal in
quality to the project pipe shall be installed as directed by
the Engineer. This work shall be considered as incidental to
the construction of the sewer.
18 - TESTING SANITARY SEWERS
At a cost incidental to the construction of the sanitary sewers,
the contractor shall provide all equipment and manpower to
perform a low pressure air test based on the fol.l owing excerpts
from the NCPI booklet on "Low Pressure Air Tests for Sanitary
Sewers":
TEST PROCEDURES
1. Clean pipe to be tested by propelling snug fitting
inclated ruhbeT hall through the pipe with water.
1. Plug all pipe outlets with suitable test plugs,
3, if the pipe to be tested is submerged in ground water, insert
a pipe probe by Loring or jetting, into the backfill material
udlat'ent to the rCIO cr Ulf the 1t'11W, i"nl dCIC FWhit' tht. prl r tu•e
in the prohr own air puo-,ers slowly through i i, 'this is lite
back pressure d0
to ground water submer•ce over the end of
the probe. All guage pressures in the test should be increased
by this amount.
4. Add air slowly to the portion of the pipe installation under
test until the internal air pressure is raised to CO psig,
5. After an internal pressure of 4,0 psig is obtained, allow
at least two minutes for air temperature to stabilize,
adding only the amount of air required to maintain pressure.
6. When pressure decreases to 3.5 psig, start stopwatch.
Determine the time in seconds that is required for the i nterhal
air pressure that is required for -the internal air pressure
to reach 2.5 psig. Minimum permissible pressure holding
times for runs of sin g1e pipe diameter and for systems o f
4", 611, or 8" laterals in combination with trunk lines are
indicated in the following tables in seconds,
Safety
The air test may be dangerous if, because of ignorance o77
carelessness, a line is improperly prepared. It is extremely
important that the various plugs be installed and braced
in such a tray as to prevent blow outs. Inasmuch as a force of
ibb lbs is exerted on an 8" plug by an internal pipe pressure
of 5 psi, it should be realized that sudden expulsion of a
poorly installed plug or of a plug that is partially deflated
Lcfore the pipe pressu se is released can be dangerous.
As a safety precaution„ pressurizing uqui.pmeut should include
a regulator set it perhaps 10 psi to avoud over-pressuri:-ing
turd dumupinit an 01he111 ir,r• uireptuh1e line. No nne t.hall be
allowed in the nnuiholes during testing.
0
NCPI AIR TEST
MINIMUM HOLDING TIME IN SECONDS REQUIRED FOR
PRESSURE TO DROP FROM 3-1/2 TO 2-1/2 PSIG
Length of Line in Feet
25 50 75 100 125 150 175 200 225 250 275 300 350 400
18 35 53 70 88 106 123 141 158 176 194 211 227 ---
NOTE: TO BE USED WHEN TESTING ONE DIAMETER ONLY - 8"
TOP SOIL Top soil shall consist of furnishing and placing four
(4) inches of sandy loam soil on all areas to be seeded within
the right-of-way. Sandy loam is soil containing adequare percentages
of sand, silt, Canadian peat, and clay to support Turf grass and
plant development.' This item will not be paid for separately but
shall be incidental to the contract, and no extra compensation
will be allowed therefore.
19 - APPLICATION OF SEED
The seed mixture shall consist of 60% Blue Grasses, 25% Fescue
Grasses, and IS% Rye Grasses and shall be applied at the- rate
of four (4) pounds per one thousand (1000) square feet. The seed
sha71 he divided into two (2) units for any given area and one (1)
uni t'applied each way so as to provide uniform distribution of seed.
ORDINANCE NO. 77-2831
AN ORDINANCE REPEALING ORDINANCE NO. 77-2827 TO COR1 CP
TYPOGRAPHICAL F-'WRS AND THEREFORE AMENDING 75-2783 BY
AMENDING SECTION I AND SECTION V AND BY DELETING S& -TION
VII (B) , (C) , AND (D) .
BE 1T ESTABLISHED BY THE COUNCIL OF THE CITY OF IOWA CITY,
Ian :
SWTION X. PURPOSE. The purpose of this menden nt is to bring the
Iowa City Municipal Canpaign Finance Ordinance in conformity with the United
States Supreme- Court decision, Buckley V. Valeo which invalidated the Act's
independent expenditure ceiling, its limitation on a candidate's expenditures
from his personal funds, and its ceiling on overall canpaign expenditures.
SECTION =I. AMENDMENT. That Ordinance No. 75-2783, Section I, be amended
to read as follows:
SECTION I. PURPOSE. The purpose of this ordinance is to prorate
the general welfare of the citizens of Iowa City, Iowa, by requiring
public disclosure of canpaign contributions received, the names and
addresses of contributors to such campaigns, and the purpose and
amounts of expenditures in political canpaigns in municipal elections;
placing realistic and enforceable limits on the amunt persons nay
contribute to political canpaigns in mnicipal elections; and providing
penalties for violation of this ordinance.
SDCTION I-"' AMENDMENT- That Ordinance No. 75-2783, Section V, be amended
to read as follows:
LIMITATIONS ON CAMPAIGN CONlRIBUPIOrdS BY PERSONS. With
No person shall make, and no candidate or cnmcittee shall solicit
or accept, any contribution which will cause the total amount contri-
buted by any such contributor with respect to a single election in
support of or opposition to such candidate, including contributions
to political ommittees supporting or opposing such candidate, to
exceed fifty dollars (&50).
SELTION IV. REPEALER. Ordinance No. 77-2827 and Ordinance No. 75-2783,
Section VII (B) , (C), AND (D) are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance
shall 7u inva id or unconstitutions], such adjudication shall not
affect the validity of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SFY_`!'ION S7- ' :'.'1 ]16TE. Trus Ordicwnce shall be 1n effect after its
final passage, WVrOvOl and PubTication as required by law.
It was moved by
lu that the Ordinance be finell a and seconded w L.x _._---
Y a a uj»n roll rn] ] rh ,rr, at rc
0 -z- 0
AYES: NAYS: ABSENT:
Y_ Balmer
x dePxosse
x Foster
Neuhauser
Perret
x Selzer
_ Vevera
�'�_C. JI�lC11�11411AoA
� U Mayor
ATTEST:
City Clok
First Consideration Moved by Selzer, seconded by deProsse that the
Vote for passage: rule requiring ordinances to be considered 8
voted on for passage at two Council meetings
Second Consideration prior to the meeting at which It is to be
Vote for passage: finally passed be suspended, the first and second
consideration and vote be waived, and the ordin-
Date of Publication ance be voted upon for final passage at this time
Ayes: Neuhauser, Selzer, Vevera, Balmer, dePross
Passed and approved this vr,+h day Spsfer.gpN7Ys: Perret, Adopted 6/119r77
REENE
BY THE LE GAL DEPhRTMENT
n n
FLOOD PLAIN MAGL•'MGNr ORDINANCE
ORDIMNCE NO. 77-2832
AN ORDINANCE AMENDING ORDINANCE NO. 2238, THE ZCINING
ORDINANCE OF IOIYA CITY BY FSTABLISIIIM TITLE 8, ZONING
OODE AND CRAPTEEI 8.11 OVM AY ZONES: AND BY ESTABLISH-
ING DL%TMp,%EgT AND USE REGUL ATICNS FOR CERTAIN
FLOCD HAZARD AREAS Or IaVA CITY, IOWA, AND PROVIDING
FOR 711E ADMINISTRATION, ENMF3.CL-DMU AND AAMIDM NT
THEREOF BY ESTABLISHING SEGTIGN 8.11.02.
BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA;
SI3CTION I. PURPOSE. The purpose of this Ordinance shall be to promote
the public health, safety and welfare and to comply with the National
Flood Insurance Program as incorporated in 42 USC 4001 et seg. by amending
the Municipal Code of Iowa City, Iowa.
ITRON II. FSTABLISM[ENT. Title 8 of the Manicipal Code of the City
owaICity, Iowa, shall be established to the follaving:
Title 8 Zoning Code
Chapter 8.10 a�is-ting Zoning Provisions
Chapter 8.11 Overlay Zones
Section 8.11.02 Flo,>d Plain Overlay Zane (OJT) and
F'lcWv,uy Overlay Zone (OFl4), F'l(cxi
Hu.:au•d Overlay Zones
llt^✓I'Jt71?11'NI' tW11 URV lilf$11ATIf)NS 19)R ClurViIN 1WX7Y,! JW -,W) ARRAS OF IOWA
CSTY, JOIYA.
gsSev
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SUBSEMONIS :
8.11.02.00
Flood Plain Overlay 'Lone (0FP) and Floodway Overlay
Zone (0M), Flood Hazard Overlays
8.11.02.01
Title
8.11.02.02
Purpose
8.11.02.03
Legislative Intent
8.11.02.04
Supplemental Definitions
8.11.02.05
Adoption of Flood Maps and Flood Insurance Study
8.11.02.06
Applicability
8.11.02.07
Determination of location of Flood Plain and Floodway
8.11.02.08
Establishment of Flood Plain Overlay Zone (OFT)) and
Floodway Overlay Zone (OFi4), Overlay Zoning Districts
8.11.02.09
Interpretation
8.11.02.10
Disclaimer of Liability
8.11.02.11
Flood Plain Overlay Zone (OFP) Regulations
8.11.02.12
Floodway Overlay Zone (OFR') Regulations
8.11.02.13
Special Use Permits
8.11.02.14
Procedures for Modifying Flood Hazard Boundary Mlap
8.11.02.15
Non -Conforming Structures
8.11.02.16
Administrator
8.11.02.17
Variances
8.11.02.18
Abrogation and Greater Restrictions
8.11.02.19
Separability
8.11.02.20
Documents for Public Inspection
A•11.02.21
Annexation N)tifii!ation of Federal Iristawioe Adninistration
8.11.02.22
Annual Report to Federal Insurance Administration
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8.11.02.01 Title
This section shall be known and may be cited as "Flood Hazard
Overlay Zones of Iowa City, Iowt." The short title for this
section shall be known as "Flood Management Regulations".
8.11.02.02 Pu rpose
The purpose of section 8.1 1.02 is to establish regulations to help
minimize the extent of floods and the losses incurred in flood
hazard areas and to promote the public health safety and welfare.
8.11.02.03 Statement of Legislative Intent
This section is intended to permit only that development within the
flood plain which is appropriate in light of the probability of
flood damage. The regulations in this section shall apply to all
property located in the flood plains, as shown on the Flood Hazard
Boundary Maps for Iowa City, as adopted by this section and filed
with the City Clerk. It is the intent of this section that these
regulations combine with and qualify with the zoning ordinance
regulations. Any use not pennitted by the primary zone shall not
be permitted in the flood plain and any use as permitted by the
primary zone shall be permitted in the flood plain only upon
meeting conditions and any requirements as prescribed by this
section.
8.11.02.04 Supplemental Definitions
ADMINISTRATOR - the Federal Insurance Administrator.
APPLRTENANT STRUM- - a structure which is on the same parcel of
property as the principal structure to be insured and the use of
which is incidental to the use of the principal structure.
AREA OF SHALLON FLOODING - the land designated AO on the Flood
Hazard Boundary Map. No clearly defined channel exists and the
path of flooding is unpredictable.
AREA OF SPACIAL FLOOD HAZARD - the land in the 100 year flood
plain. This is shown on the Flood Hazard Boundary Map as Zone AO
and Al -A30.
BASE IIIJOD OR 100 YEAR FIlDM - the flood having a one percent
chance of occurrence in any given year.
BASE FLD D MffATION (FLOOD PROTICrION ELEVATION) - the water
surface elevation of the 100 year flood which is shnvn on the Flood
lusuranoe Rate Mup (FIMQ .
(I= MQJWTM OFFICER - the City Manager or his/her appointed
designee.
Lg1Tl1 M-*'N1T - any mun-andr• vluin{:c t,,, inp!-,)ve:d or :unimproved reu.j
estate including but not limited to buildings, fences, or other
structures, mining, drmdgins:, filling, grading, puving, excavation
or drilliiW my -rations.
EQUAL DMRCE OF ENCROACIBIENT - a standard applied in determining
the location of encroachment limits so that flood plain lands on
both sides of a stream are capable of conveying a proportionate
share of floodflows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the flood plain
along both sides of a stream for a significant reach.
EXISTING CONSTRUCTION - structures for which the "start of con-
struction" conn enced before the effective date of the Flood Manage-
ment Regulations adopted by Iowa City.
EXISTING MOBILE Half PARK OR MOBILE HOME SUBDIVISION - a parcel (or
contiguous parcels) of land divided into two or more mobile hone
lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile hone is to be affixed (includ-
ing, at a minimun, the installation of utilities, either final site
grading or the pouring of concrete pads, and the construction of
streets) is connenced before the effective date of Flood Management
Regulations adopted by Iowa City.
EXPANSICN TO AN EXISTING MOBILE Haff PARK OR MOBILE HOME SUBDIVISION -
the preparation of additional sites by the construction of facilities
for servicing the lots on which the mobile homes are to be affixed
(including the installation of utilities, either final site grading
or pouring of concrete pads, or the construction of streets).
FLOOD OR FLOODING - a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
inland waters, or the unusual and rapid accumulation or runoff of
surface waters from any source,
FLO"AY FRINGE DISTRICT - the land located between the Encroach-
ment Lines of the Floodway District and maximun elevation subject
to inundation by the 100 year flood as defined herein.
FLOOD HAZARD BOUNDARY 1AAP (THRI) means an official map of a com-
munity, issued by the Adniniatrator, where the boundaries of the
flood areas having special hazards have been designated as zone AO
and Al-A30.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a com-
munity on which the Administrator has delineated both the special
hazard areas and the risk premien zones applicable to the camnunity.
FLOW MANAG30C RB ULATIONS — subdivision regulations, building
codes, health regulations, spm -ial purpuse ordinance (such as
grading ordinance or erosion ctmtrol ordinance) and other appli-
cations of Police power. The term describes such state or local
reguleti,ms, in any ootbinaticin t". eo f VA.A h t!vv i o standar do
for the purpose of flood damage prevention and reduction.
FLOW PLAIN OR FLOOD ME AREA - any land area susceptible to
being inundated by tater fan any source.
E
FLOOD PLAIN MANAGITIE NT - the operation of an overall program of
corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works and flood plain management regulations.
FLOMPRO017ING - any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
FLOCDWAY - the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
100 year flood without cumulatively increasing the water surface
elevation more than one (1) foot at any point_
FLOC1DWAY MCROACISIENT LINES - the lines marking the limits of
floodways on the local Flood Boundary and Floodway Map.
HABITABLE FLOCR - any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not
a habitable floor.
MEAN SEA LEVEL - the average height of the sea for all stages of
the tide. Mean sea level shall be used as the elevation datum in
Iowa City for purposes of these Regulations.
MOBIIX Ii0h1E - a structure, transportable in one or mrore sections,
which is built on a permanent chassis and designed to be used with
or without a permanent foundation when connected to the required
utilities. It does not include recreational vehicles or travel
trailers. The term includes, but it is not limited to, the defini-
tion of mobile home as set forth in regulations governing the
Mobile Home Safety and Construction Standards Program (24 CFR
3282.7(a)) .
NEW 0YMRLCFICN - structures for which the start of construction
comrenced on or after the effective date of the Flood Management
Regulations adopted by Iowa City.
NLw mMILE ROME PARK OR MOBILE HOE SUBDIVISION - a parcel (or
cont3,guous parcels) of land divided into two or more mobile hone
lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (including
at a minimum, the installation of utilities, either final site
grading or the pouring of concrete pads, and the construction of
streets) to ovmn-nom+ on or e.ftPr the effecti�rp date of the Flood
Management Regulations adopted by Ion City.
pES;M - any individual or group o1individuals, corporation,
partnership, assrxlstion, or any other entity, including State and
ltr-a.'7 grn,m•rrtrrart.; and agencJes.
0
E
REACH - a hydraulic engineering; term to describe longitudinal
segments of a stream or river. In an urban area, an example of
reach would be the sepnent of a strewn or river between two con-
secutive bridge crossings.
STRUCTURE - for flood plain management purposes, means a walled and
roofed building, including gas or liquid storage tank, that is
principally above ground, as well as a mobile home.
SUBSTANTIAL IMPROVIIM - any repair, reconstruction, or improve-
ment of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either, (a) before the improve-
ment or repair is started, or (b) if the structure has been damaged,
and is being restored, before the damage occurred. For the purposes
of this definition substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure, the
term does not, however, include either (1) any project for improve-
ment of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary
to assure safe living conditions or (2) any alteration of a structure
listed on the National Register of historic Places or a State
Inventory of Historic Places.
VARIANCE - a grant of relief by Iowa City from the terms of the
Flood Management Regulations.
WATER SURFACE ELEVATIYN - the height in relation to Mean Sea Level
reached by floods of various magnitudes and frequencies in the
flood plains of riverine areas.
8.11.02.05 Adoption of Flood Maps and Flood Insurance Study
Iowa City hereby adopts the Flood Hazard Boundary Map, the Flood
Insurance Rate Map, the Flood Boundary and Floodway Map and the
Flood Insurance Study dated May 2, 1977 provided by the Federal
Insurance Administration as the official documents. No ordinance
related to these documents will be adopted or enforced based upon
modified data reflecting natural, or man-made physical changes
without prior approval of change in the documents by the Federal
Insurance Administration.
8.71.02.06 Lands to Which Wtion Applies
This section shall apply to all lands within Iowa City as shown on
the Official Float Ha7Ard Boundary Map as being located within the
100 year flood plain.
8.11.02.07 Mules for
•
the Exact Location of
The boundaries of the Flood Plain and the Floodway shall be determined
from information presented on the Flood Boundary and Floodway Map.
In the absence of other information, boundaries shall be determined
by scaling distances on the map. Where interpretation is needed as
to the exact location of the boundaries, the City Engineer shall
mnke the necessary interpretation. In all cases, the level of the
100 year flood shall be the governing factor in locating the district
boundary on any property. Any person contesting the location of
the district boundary shall be given a reasonable opportunity to
present the case to the Board of Adjustment.
8.11.02.08 Establishment of Flood Plain Overlay Zone (OFP) and
Floodway Overlay Zone (MV)
Iowa City hereby establishes a Flood Plain Overlay Zone (OFP) and a
Floodway Overlay Zone (OFIV) whose boundaries are those of the
designated 100 year flood and the designated Floodway respectively,
as shown on the official Flood Boundary and Floodway Map. The CFP
Overlay Zone includes the OFW Overlay Zone.
8.11.02.09 Interpretation
In their interpretation and application the provisions of this
Section shall be held to be minimum requirements and shall not be
deex-d a limitation or repeal of any other powers granted by State
Statutes.
8.11.02.10 Disclaimer of Liability
The degree of flood protection required by this section is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare
occasions or flood heights may be increased by man-made or natural
causes, such as ice jams or bridge openings restricted by debris.
This section does not imply that areas outside the flood hazard
districts will be free from flooding or flood daimyes. This Section
shall not create liability on the part of the City of Iowa City or
any officer or employee thereof for any flood dannges that result
from reliance on this section or any administrative decision lawfully
made thereunder.
8.11.02.11 Flood Plain Ch,erley Zone (OFP) Regulations
Unless rmdified by other Parts of this Ordinance, the following
general Flood Plain District Regulations shall be in force:
A. In "AT Zones where water depths in the 100 year flood range
between one and three feet, all new cxmstruct.ion and substantial
improvenants of nun-rebidiaMntial wad residentiul structures shall
have the lcwvetIt fhx)r, including buhcnPnt, r,leeated uinvr the crown
of the nearest t3Ln*+t or ulxwvr ttx- depth uu ixa Ixahind tlx:- "tll7'
designation on the i7dxad Inaurunce Rate Nap, whichever is highor.
As an alternative for nun-residenLial sLr-ucturols only, the structure,
including utility and Sanitary 1'acilil.ies, calm he czmpletely florid
proofed to the level mentioned above, whichever is higher. The
walls and busuwnt floor shall be completely waterproofed and they
shall be built to withstand lateral and uplift water pressure.
B. In Zones M -A30, till new construction and substantial improvements
o1' residential and non-residential structures shall have the lowest
floor, including basement, elevated to or above the 100 year flood
level as sham on the FIRM.
As an alternative for non-residential structures only, the structure,
including utility and sanitary facilities, can be corrrpletely flood -
proofed to the level of the 100 year flood as shovn on the FIRM.
The walls and basement floor shall be cornpletely waterproofed and
they shall be built to withstand lateral and uplift water pressure.
C. When flood proofing is used for non-residential structures, a
registered professional. engineer or architect shall certify that
the flood proofing methods are adequate to withstand the flood
pressures, velocities, impact and uplift forces, and other factors
caused by the 100 year flood. A record of this certification shall
be maintained on file with the building permit by the Building
Official. The elevation to which the structure is flood proofed
(based on sea level) shall be attached to the certification.
D. All new individual mobile horses, new mobile home parks, expansions
of mobile home parks, and mobile home parks where the repair,
reconstruction or improvements of the streets, utilities and pads
equal or exceed 50% of their value before the repair, reconstruc-
tion or improvement was started, shall have stands or lots that are
elevated on compacted fill or on pilings oo that the lowest floor
of the mobile horse will be at or above the 100 year flood level as
shown on the FIRM and adequate surface drainage and access for a
hauler are provided. When mobile homes are put on pilings, the lot
must be large enough to have steps up to the nnbile home. The
pilings must be reinforced if they are more than six feet (6') high
and they must be placed in stable soil on ten foot (1.0') centers or
less.
E_ Individual building permits shall be required for the placement of
any mobile homes anywhere in the flood plain where water depths are
one foot (I') or greater in the 100 year f'Jtx)d.
F_ All mobile homes placed alter the effective date of these regula-
tions in the 100 year flood plain which have flooding; to a depth of
one foot (1') or greater shall he anchored to resist flotation,
collapse or lateral rmvene it by pruvidi.ng Livor-the—top and frame
ties to ground anchors. There shall be top ties at each corner
with one mrd -point tie on each side ul mobile h(jn-e shorter than S)
feet. Innger mobile brines still)] have two ties at interne-diate
points on each side.
There Shall hr• framer• I ier; at 1�noh corner with folly, (4) uddim ionul
ties 011 .-ur:b oidu uI u.)l,: it Iv.nrt, nh,Jrlrr auu: Iift> .'t+•t (50').
lringer mobile hems shall have five ties ori Purge ride.
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All parts of the anchoring system shall have a strength of 4800
pounds. Additions to mobile homes shall be anchored in the same
way.
G. All mobile home packs shall file an evacuation plan with the Iowa
City Police Department showing alternate vehicular access and
escape routes.
H. All land developnent proposals greater than 50 lots or five C5)
acres, whichever is less, shall show base flood elevation data on the
preliminary plat or plans.
I. The City of Iowa City will review all proposed development in the
flood plain to verify appropriate pennits have been obtained from
the Iowa Natural Resources Council and to ensure comgrliance with
section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 USC 1334.
J. The City of Iowa City will:
1. Require permits for all new development including structures
and other activities such as filling, paving and dredging in
the OFP, and will require building permits according to
Chapter 3 of the Uniform Building Code.
2. Review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a
proposed building site is in a flood -prone area, all new
construction and substantial improvements (including the
placement of prefabricated buildings and mobile hones) shall
be:
a. designed or modified and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure,
b. be constructed with materials and utility equipment
resistant to flood damage, and
C, be constructed by methods and practices that minimize
flood damnrie.
3. Review subdivision proposals and other proposed new develop-
ment to deteiTni.ne whether such proposals will be reasonably
safe from flcx>ding. If a subdivision proposal or other
proposed new development is in a flood -prone area, any such
proposals shall be reviewed to assure that.:
s, all such proposals are consistent with the need to
minimize flood damage within the flood prone area,
b, all public utilities rind facilities, such as sewer, gas,
electrical and water sh:s-tems ure Irx:at,c-d and exons-tructed
to minimisk or e1 inunate heard d rage, turd
C. adequate druinme is provided to reduce exposure to i'lood
hazards.
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4. Require: within flood -prune aroas :
it. nciv and replaeunenl. water Supply systcerc; to be designed
to minimize or eliminate inf'iItration of flood waters
into the systems,
b. new and replacement sanitary sewage systems to be designed
to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systans into
flood waters, and
C. on-site waste disposal systerns to be located to avoid
impairment to than or contamination from them during
flooding.
8.11.02.12 Floodway Overlay 'Lone (OFIV) Regulations
A. the Floodway District delineates the channel of a river or other
watercourse and the adjacent land areas that nnrst be reserved in
order to discharge the 100 -year flood without cumulatively increasing
the base flood water surface elevation more than one foot at any
point.
Mere shall be no encroachment of fill, new construction, substantial.
improvements or any other development within the i'loodway that will
result in any increase in flood levels in Iowa City during the 100
year flood.
B. Permitted Uses in the Floodway Overlay Zone (OIW):
Me following uses shall be permitted by right within the Floodway
Overlay Zone to the extent that they are otherwise permitted by the
Zoning Ordinance.
1. General farming, pasture, outdoor plant nurseries, horti-
culture, forestry, wildlife sanctuary, game farm and other
similar agricultural., wildlife and related uses.
2. Wading areas, parking areas and other similar uses provided
they are no closer than thirty two and eight tenths (32.8)
feet (10 meters) to the stream bank.
3. Lawns, gtu dens, play areas, bikeways, pedestrian pathways and
uther similar uses.
4. Gol l c oursv�, teniiin owrts, dr•i %'ing rtu 90s, archery ranfT-q,
picnic grounds, parks, hiking or horseback riding trails, open
space surd other sindlar• private and public recr•eutional uses.
b, streets, overhead utility lines, crr*,k and storm drai.ntwe
farilities, swrrge or waste treavrMrnt plant outlets, water
supply intake structures and oth"r• similar public, carmunity
or utility iiq-s.
6. Scrat drx,ks, ramps:, preen for put , it cnvrord ntruetur•er; or
sinrilru' hcrtu scows.
7. Ihurrs, pn,vided tht•p um ram�nruc•t,tu in aucArrdaux with regulutauu
of tho Puldir WoNc-. I'kyNuNurrnt, rhP Icnm Natural Nesourrr'S
ominr•i I and ether Foedcrul and Staate Ay;encie-s.
• •
8. Use permitted by Special Use Permit.
C. Uses Prohibited in the Flaxiway Overlay /on(!
1. All fill, encroachments, new umstruction, any nrti.ficial
obstruction, substantial ingrrovanents of existing structures
or other developnent unless a Special Use Permit is obtained.
2. Any portion of a nes nr)bile home park, any expansion to an
existing nubile home park, or any new mobile hone not in a
mobile home park.
D. Uses Permitted by Special Use Permit in the Floodµay Overlay lone
(OFiV)
7be followi-ng uses may be permitted within a Floodway Overlay Zone
upon approval of a Special Use Permit:
1. Any use or accessory use employing a structure; however, no
structure which is designed for human habitation shall be
allowed under any conditions in the Floodway Overlay Zone.
2. Open storage of any material or equipment.
3. Parking, loading areas and other similar uses when located
less than thirty-two and eight -tenths (32.8) feet (10 meters)
from the stream bank.
4. Other uses similar in nature to those listed in items 1 through
3 above.
the base flood elevation (or flood protection elevation) is the
water level for the 100 -year flood assuning only that encroachment
on the flood plain that existed when the FIMI wus adopted (6lay 2,
1977). Additional and complete encroaclment to the floodway encroach-
ment lines will cause the water level to surcharge one foot or less
above the flood protection elevation as shown in Table I of the Flood
Insurance Study. A Special Use Permit shall never cause it surcharge
to a level Yrigher than the one foot. or less described above.
Consideration of the effects of a proposed use shall be based on a
reasonable assmanption that there will be an equal degree. of encroach-
ment extending for a significant reach on both sides of the stream.
8.11..02.13 SMIAL USE PCRMIIS
A. Uses listed in this Section as requiring a Special Use Iknrdt may
be establisbvM only after upproval of the Board of Adjustment. All
&,Islas -, ' *.l- mi•>u^d „+ Adiu-rrey,nt, to {grunt 9 Spm,-Jpl Use Icernmit
subject to this section shall be submitted to the lava Natural
Resnurces Council for final upproval.
13. Standards RPlatia; to Srwrraf pse !h•mits in the Floodwuy Overlay
Mne (MV)
1, lduiutuirmiu4' wm wwb:a.rurte,d flrr,duuy mamlmbJo of currying rho
J00 yemr Hood wmtbwt surclmrging miter levels n"re tluum one
C
0 0
foot at any point is an integral purpose of this Section. As
such, special conditions apply to Floodway Special Use permits
as follows:
a. Any fill proposed to be deposited in the Floodway mast be
shown to have same beneficial purpose and the amount
placed shall not be greater than necessary to achieve the
purpose demonstrated on a plan submitted by the applicant.
Any fill or other materials shall be protected against
erosion by rip rap, a vegetative cover or bulkheading.
b. Structures. Under no conditions shall structures in the
floodway be designed for human habitation. Structures
shall have a low flood damage potential and shall be
constructed and located on the building site in a manner
which minimizes obstruction of the flow of floodwaters.
Whenever possible, structures shall be placed with the
longitudinal axis of the building parallel to the direction
of the floodflow and structures shall be placed approxi-
mately on the same flood -flow line as other adjacent
structures. All structures shall have the lowest floor,
including basement, elevated to or above the level of the
100 year flood as shown on the FIMI or together with
attendant utility and sanitary facilities, shall be
floodproofed to or above the level of the 100 year flood
as shown on the FIMI. A registered professional engineer
or architect shall certify that the flood proofing
methods are adequate to withstand the flood pressures,
velocities, impact and uplift forces and other factors
caused by the 100 year f lood.
Any structure allowed by a Special Use permit shall be
firmly anchored to prevent flotation, collapse or a
lateral movement of the structure which may result in
damage to other structures, restrictions of bridge
openings or restrictions of narrav sections of the stream
or river.
C. The storage or processing of materials that are buoyant,
flammable, explosive or could be injurious to human,
animal, or plant life during times of flooding is pro-
hibited under all conditions; however storage of other
materials or equipment rruaY be allcrvtd if' not subject to
major damage by floods and if firmly anchored to prevent
flotation w• if readily raovable fr-m the area within
the time available after flood warning.
hpplict".int f�xr Sp rel Use F4�mut
Applications for Special Use permits shall be filed with the
llomrd of Ad,juatment for review and consideration. The applicant
shall subndt to the Hoard of AdjusUrr<±nt cxrpleted form
try!eibwrr wltb four set r, of photo; druuli Lt. srtt I", shrnving the
nature, location, dimrnsioatn amp elevutloaa of tiw- hut, rsisting
or prrafxast+d aatrutrtures, fill, storage of nnterials, flcKAprorafing,
m'usures, and tilt, relationship of the above to the la:utirm of
the chunnpl 1'ifxxiwsy and 100 YO -Ur 1`ltrd r-let^ation us bllrml, tm
0 0
the F11N. %hen special circumstances necessitate detailed
infornut.ion, the applicant shall furnish such of the following
additional information as is deemed necessary by the hoard of
Adjustment for the evaluation of the effects of the proposed
use upon flood flays such as:
1. A typical valley cross-section showing the channel of the
stream, elevation of land areas adjoining each side of the
channel, cross-sectional areas to be occupied by the proposed
development, and high water information.
2. Plan view showing elevations or contours of the ground;
pertinent structures, fill, or storage elevations; size,
location and special arrangement of all proposed and existing
structures on the site; location and elevations of streets,
water supply, sanitary facilities, photographs shaving existing
land uses and vegetation upstream and dahnstream, soil types,
and other pertinent information.
3. Profile showing the slope of the bottom of the channel.
4. Specifications for building construction and materials, flood -
proofing, filling, dredging, grading, channel improvements,
storage of materials, water supply, and sanitary facilities.
5. Additional infonnation as may be required.
D. the Board of Adjustment in its review of the application, and prior
to formulating a reccmnendation, shall transmit one copy of the
application and supplemental information to the Public Works
Department for technical assistance in evaluating the proposed
project in relation to flood heights and velocities, potential
flood damage to the project, the adequacy of the plans for protec-
tion and other technical matters.
B. In passing on an application for a Special Use Permit the Board of
Adjustment shall deterndne the specific flood hazard at the site
and shall evaluate the suitability of the proposed use in relation
to the flood hazard. In addition, the Board of Adjustment shall
consider the following factors although not limited to such factors.
1, the probability that miaterials may be swept onto other lands
or downstream to the injury of others.
2. 1be proposed water supply and scuutathon systems and the
ability of these systens to prevent disease, contamination and
unsanitary conditions.
3. Mie susceptibility o1the propaed facility and its amtents
to flood danage and the ef'fectt of such damage to the individual
owner.
A. 1116 .:'1'11 W,I rIlpIIv, IruIIll VJ11W nOT ipj.l.)nl•Y to
floodJng for the prolrisad use,,
0
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The safety of access to the property in times of flood for
ordinary emergency vehicles.
6. The expected heights, velocity, duration, rate of rise and
sediment transport of the floodwaters expected at the site.
8.11.02.14 Procedures for Modifying the Flood
Iowa. City's 100 year flood elevations may increase or decrease resulting
from physical changes affecting flooding conditions. Within six Months
of the date that such information becomes available, Iowa City shall
notify the Federal Insurance Administration of the changes by submitting
technical or scientific data indicating that the Flood Insurance Rate
Map, the Flood Hazard Boundary Map, and the Flood Boundary and Floodway
Map and the Flood Insurance Study do not accurately reflect flood risks
as they currently exist.
The City of Iowa City shall notify adjacent communities, when affected,
the Iowa Natural Resources Council, and the Federal Insurance Adminis-
tration prior to any alteration or relocation of a watercourse on which
the 100 year flood elevations have been provided by the Federal Insur-
ance Administration. This notice will certify that the flood carrying
capacity within the altered or relocated portion of the watercourse has
been maintained.
Following these submissions, the Federal Insurance Administration shall
notify the City of Iowa City that the 100 year flood elevations on the
affected Flood Hazard Boundary h1ap, Flood Insurance Rate hiap, the Flood
Boundary and Floodway Map and the Flood Insurance Study are correct or
that new 100 year flood elevations will be established by the Federal
Insurance Administration.
8.11.02.15 Non -Conforming Structures
A structure which was lawful before bec'.cming subject to this Section,
but which is not in conformity with the provisions of this Section may
be continued subject to the following conditions:
A. Such structure shall not be expanded, changed, enlarged or altered
in a way which increases its non—conformity.
If any non-cxmformming structure is destroyed by any means, including
floods, to the extent that the cost of restoration would equal or
exceed 50 percent of the market value of the structure before the
b'tr'll4Zn7e vus dwcaged; the 1fi11:7t';11y; rem:'0,iane she -21 901--'Y:
If the non -conforming structure Jr, in the Floodway, thta
Rtriw.turP mty he rebuilt; hrm ver it. shall not be expundod,
chwu(od, enlwvod or altt?trd in any way which would create un
obey-rurtitm tt, water flow Ernnttt,r damn duct wimirh etii�,ted
before damage to the structure occurred. Upon reconstruction,
the structure shall be adequutely and safely fl(cxy)rool'ed or
elevated to the imp] of thtp JCJO yeur flnnd us shcxttm on FIRM,
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If the structure is located in the Floodway, Fringe District
(see 8.11.02.04, llefinitions), it may be reconstructed provided
it is adequately and safely flood -proofed or elevated in
conforrn'uace with this section.
3. If any mobile hone or mobile home park is destroyed by any
means such that the cost of restoration would exceed 50% of
the market value of the structure prior to damage; then such
mobile home or mobile home park shall not be rebuilt if it is
located in the Floodway and if it is located in the Floodway
Fringe, it shall be rebuilt in confonance with this section.
8.11.02.16 Flood Plain Management Ordinance Administrator
This Ordinance shall be administered and enforced by the City Manager or
his/her appointed designee.
8.11.02.17 Variances
1. The Iowa City Board of Adjustment shall interpret this section and
shall judge where variances from the provisions of this section may
be granted.
A. Administrative Review - The Board shall hear and decide
appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the Chief
Executive Officer in the enforcement or admini-stration of this
section.
B. General Requirements for Granting of a Variance - In all
circumstances variances nay only be granted upon (1) a shoving
of good and sufficient cause, (2) a determination that failure
to grant the variance would result in exceptional hardship to
the applicant, and (3) a determination that the variance
issuance will not result in increased flood height, additional
threats to public safety, extraordinary public expense, will
not create nuisances, cause fraud on or victimization of the
public or conflict with any other local laws or ordinances.
No variance shall have the effect of allowing in any zoning
district uses prohibited in that district by either this
section or the Iowa City Mning Ordinance.
C, Variances shall not, under any condition, be issued within any
Floodway if any increase in flood level during the 100 year
flood would result.
Notice of Granting of Variance
In an annual report, the City o1 lowv City shall notify the Federal
Flood Insurance Administrator of the issuance of Vax-ianoes frau the
Flood Plain idmamma'amnt It"Lulutions and justification for issuing
such, Iowa City shall maintain a rrenrd of all %,ari.ance actions
ineludin!' f til'JrZtini i'or °ehm-ir issuan(N.
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Special Faceptions for llistori.c Plucc.�
The City of Iowa City Board of Adjustment may pennit special
exceptions from the Flood Plain Managanent Ordinance for the
reconstruction, rehabilitation or restoration of structures listed
on the National Register of Historic Places or a State Inventory of
Historic Places without regard to the variance procedures set forth
in this section.
Approval by Iowa Natural Resources Council
All decisions of the Board of Adjustment to grant a variance shall
be submitted to the Iowa Natural Resources Council for final
approval. The decision to grant a variance by the Board of Adjust-
ment shall not be binding until such approval is obtained from the
Iowa Natural Resources Council.
Notice to Applicant
Iowa City shall notify the variance applicant in writing that the
issuance of a variance to construct a structure below the 100 year
flood level will result in increased prenium rates for flood
insurance up to amounts as high as $25.00 per $100.00 of flood
insurance coverage and that such construction below the level of
the 100 year flood increases risks to life and property. This
notification shall be maintained in the Board of Adjustment files
relating to this variance.
8.11.02.18 Abrogation, Greater Restrictions
It is not intended by this section to repeal, abrogate, annul, or in any
way to impair or interfere with any existing provisions of law or
ordinance, or any rules, regulations, or permits previously adopted or
issued, or which shall be adopted or issued, in conformity with law,
relating to the use of buildings or premises, provided, however, that
where this section imposes a greater restriction upon the use of build-
ings or premises or requires larger yards, courts, or other open spaces
then are imposed or required by such existing provisions of law or
ordinance, or by such rules, regulations, or permits, or by such ease-
ments, covenants, or agreements the provisions of this section shall
control.
8.11.02.19 Separability
If any section, clause, pmwision or fxrrtion of this, Ordinance is
adjudged unconstitutional or invalid by a court of cunpetent juris-
diction, the remainder of this Ordinance stall not be affected tharoby.
8.11.02.20Cit of luau U tv Shall Maintain for Public 1 lion
Ill Uh-f ueet
1. A Flood Hazard K)undary Map, a Flnxi lnsumncr Ratte Map, and a
F.lcxxi liaundtuy, and Flrx*cimty Up.
2. Cortificatm of fluid prnifisur (with Hu.ildity! Nonaitn sua applic:uble).
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3. For structures in the Flood plain:
a. Information on the elevation of the lowest habitable floor,
including basement, for all ne%v or substantially improved
structures,
b. A statement whether a new or substantially improved structure
contains a basement, and
C. A statement whether a structure has been flood proofed and to
what elevation.
8.11..02.21 The City of Iowa City will notify the Federal Insurance
Administration whenever the boundaries of Iava City have been added
.to by annexation or decreased by de -annexation. with the notifica-
tion, Iowa City will include a copy of the map of the caamunity
suitable for reproduction, clearly delineating the new corporate
limits.
8.12.02.22 The City of Iowa City shall sulmit an annual report to
the Federal Insurance Administrator, utilizing an annual report
form designated by the Federal Insurance Administrator.
SWTIW III REPEALL•T1. All other Ordinances or parts of Ordinances
in conflict with the provisions of this Ordinance are hereby repealed,
specifically Ordinance 2238, Article VI is hereby repealed.
SBCTIO\' IV 1�PI173 DATE. This Ordinance shall became effective
after its final passage, approval and publication as provided by law.
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It %vas moved by deProsse and seconded by
Perret that the Ordinance as read be adopted,
and upon roll call there were:
ALTS:
NAYS: AfiS1 A"P:
x
Bahner
x
—_ deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
Passed and approved this ?r+r, day of
ATrMT:/ t.P ., /
! CLERK11
First Consideration 4/19/77
Vote for passage:
1977.
i.... Y,_
•• 1
Ayes: Poster, Neuhauser, Perret, Selzer, Vevera, Balnx.:r, deProsse.
Nays: None
Absent: None
Second Consideration
Vote for passage.
Date of Publication:
Maved by deProsse, seconded by Perrei filet
the rule requiring ordinances be considered
& voted on for passage at two BunciI nreetin
pr for To the meeting at which it is to be
finally passed be s uspended, 8 the second
consldereilon and vote be waived, 9 ordinan
!�r .'.C-( e upon fC)r ' : la.. ! et it,! f, i im-
Ayes.: Halms+r, deProsse, foster, Neuhauser,
Perrei, Seller, VevE•ra. Adopted, 7/0.
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FLOOD PLAIN MANAGEMENT ORDINANCE
IOWA CITY, IOWA
ALLOW FILL OR FLOOD -PROOF
STRUCTURES IN THIS AREA
PLAIN OVERLAY ZONE (OFP)
t-kNvl
-•FLOOD ELEVATION WHEN
JJCONFINED IN FLOODWAY
I suRcHARaF,�—�s'y �!
CANNOT
EXCEED
I rT I
LINE A -A IS FLOOD ELEVAT49N BEFORE ENCROACHMENT
THIS IS DEFINED AS THE UNE HUNDRED YEAR FLOOD ELEVATION
STRUCTURES MUSE BE 1FLDODPROOFEU TL THIS LEVEL AS SHOWN ON
THE FLOOD INSURANCE RATE MAP
LINE 8.8 IS FLOOD ELEVATION AITEN FNCROACHMENT
A