HomeMy WebLinkAbout1977-05-03 Bd Comm. MinutesMINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
APRIL 21, 1977 -- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Blum, Cain, Kammermeyer, Lehman, Ogesen, Vetter
MEMBER ABSENT: .Iakobsen
STAFF PRESENT: Boothroy, Kraft, Ryan, Schmeiser, Oszman
RECOMMENDATIONS TO THE CITY COUNCIL:
1. Not to approve Z-7703, the rezoning of all or part of a 15 -acre
tract of land located west of Mormon Trek Boulevard and north of
the westerly extension of Benton Street from a CH Zone to a PC
Zone, R3A Zone, or R3 Zone.
2. To approve Z-7702, application to rezone a tract of land from C2
Commercial Zone to R38 Multi -family Residential Zone located in
Block 19, County Seat Addition to Iowa City.
3. To approve V-7702, the vacation of the city street (Virginia Drive)
that borders the south 25 feet of Lot 30, Conway's Subdivision,
between the eastern right-of-way of Oaklawn Avenue to the western
right-of-way of Buresh and vacating all of the area from the eastern
right-of-way of Buresh to Prairie du Chien Road and maintaining 10
feet for a walkway between Oaklawn and Buresh, and requiring the
developer to construct a sidewalk in that portion of the area.
4. To approve S-7716, final plat and a Planned Area Development plan
of Hamm's Second Addition located east of Dover Street and north
of Parkview Avenue, with a variance allowing a 2S -foot pavement
for Esther Court.
S. To adopt the Procedures of the Planning and Zoning Commission.
REQUESTS TO THE CITY MANAGER 17OR INFORMATION OR STAFF ASSISTANCE:
None
LIST OF MATTf:RS PENDING COMMISSION/COUNCIL. U1S11OSI'f10N:
1, 11-7317. Creation of a University Zone (U).
2. P-7410. Creation of a Mobile Home Residential Zone (18111).
3. P-7403. Revision of MI and M2 Zones,
SUMMARY Or DISCUSSION AND FORMAL ACTIONS TAKEN:
Chairperson Cnin rel led the meeting to nrdvr and usked if anyone wished
to discuss items not On the ngonda. No one responded to the invitatinn.
Cain then asked if there were any additions or corrections to the minutes
of the meeting held on April 7, 1977, Coin requested thut on page b of
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those minutes, the reference to JCRPC (Johnson County Regional Planning
Commission) be changed to Johnson County Zoning Commission. The minutes
as corrected were approved unanimously.
The Commission made a unanimous decision to defer until the next meeting
consideration of the minutes of: the April 14 meeting, since several of
the Commissioners hadn't had an opportunity to read those minutes.
Z-7703. Public discussion to rezone all or part of a 15 -acre tract of
land located west of Mormon Trek Boulevard and north of the westerly
extension of Benton Street from a Cli Zone to a PC Zone, R3A Zone, or R3
Zone.
Don Schmeiser, Senior Planner, gave an overlay presentation of the 15 -
acre tract.
Chairperson Cain called for discussion and explained that in this case,
a motion needed to be made due to the wording of the item and the choice
involved.
Blum inquired as to the availability of the original zoning information.
Schmeiser said that he had talked to a former member of the PF,Z Commission
who had explained that there had been an initial attempt to rezone some
property at the southwest corner of Melrose Avenue and Mormon Trek
Boulevard, which the P&Z Commission had recommended be approved, but
which the City Council had denied. Then, Schmeiser explained, a later
request was made to rezone the property under discussion from the existing
zone to a CH Zone, which was approved. The former Commissioner felt that
this zoning had been accepted as an alternative to allowing commercial
development at the intersection of Mormon Trek and Melrose, according to
Schmeiser. Schmeiser reported that the former Commissioner had questioned
the size of the tract and had stated that it would be "disastrous" for
anything larger than a neighborhood shopping center to be located on the
site. The initial request involving the southwest corner of Melrose and
Mormon Trek had been denied, according to the former Commissioner, because
of the concept of avoiding strip -type development at the entrance to the
City.
Chairperson Cain noted that there existed two letters relating to this
item, one of them from the owner, expressing his objections to the proposed
rezoning.
Blum said that at the last informal meeting of the Commission, there had
been some discussion of the appropriateness of a PC Zone when the owner
is opposed to it. The Zoning Ordinance states that the owner shall submit
certain feasibility studies prior to the rezoning, Blum said.
Angela Ryan, Assistant City Attorney, said that she had written on amendment
to the Ordinance, which adds the words "except when initiated by the City,
the owner shall submit ......
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Mace Braverman, owner, asked Ryan if she had written the amendment solely
for the purpose of taking care of this item. Itayn responded that the item
had pointed up a problem in the Ordinance, adding the the procedures
involved in a "down zoning" (initiated by the City) should differ from
the procedures used in an "up zoning" (initiated by the developer).
A motion was made by Blum, seconded by Ogesen, to recommend to the City
Council that the east 7', acres of the tract located west of Mormon Trek
Boulevard and north of the westerly extension of Benton Street be rezoned
to PC and the west 7!1 acres be rezoned to R3.
Blum stated that he would vote against the motion because he thought a
citizen had the right to expect the City to act reasonably in regard to
the taking of property rights. At certain times, he continued, the rights
of an individual have to be subordinate to the rights of the community as
a whole. But in this case, he said, where the zoning of the land was
relatively recent and the purchase of the land was made with every intent
on the part of the purchaser to act on that zoning, any rezoning should
be enacted with extreme care and only if there exists a great deal of
evidence that the zoning change is in the best interest of the community
as a whole. At this time, he added, sufficient evidence of this did not
exist.
Ogesen also urged opposition to the motion, stating the following reasons:
(1) the flood plain as it passes through the tract creates a situation
where a solid development of commercial usage would be prohibited,
(2) the Staff Report mentions the possibility of extending Benton Street
westward, but this had not been previously studied and probably was
not a good alternative,
(3) the amount of study that went into the recommendation in the report
was insufficient to warrant a rezoning of this magnitude, and
(4) the Comprehensive Plan would soon be at a stage where it would
indicate what the best type of development for this area would be,
and the City should wait for this indication.
Vetter questioned whether there had been discussion of the site being
unsuitable for commercial development. It was pointed out that the report
had mentioned problems related to the flood plain.
Lehman also oppnsed the rezoning, stating thut the umount of staff time
given to the study of the problem was insufficient and that it would be
capricious and illogical to vote in favor of it at this time.
Cain read aloud a statement opposing the rezoning, submitted by Commissioner
Jakobsen (attached).
Cain explained that she wus in general agreement with the other Commissioners
on this item and that i t would be well to consider the entire area at once
before approving such a rezoning.
Thr mot 'ion failed unani mou, I�
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Z-7702. Public discussion on an application to rezone a tract of land from
C2 Commercial Zone to R3B Multi -family Residential Zone located in Block 19,
County Seat Addition to Iowa City.
Doug Boothroy gave an overlay presentation of this item, explaining the
existing uses surrounding it. lie pointed out that the staff recommendation
was for approval of a change of zone from C2 to R3B.
Vetter said she saw the application as an appropriate one, stating that
the proposed zone was better for the tract than the existing zone. In
response to a question from Ogesen, Boothroy said that approximately
50% of the parcel was in the flood plain. He pointed out that the
applicant would have to submit an LSRD and a tree planting plan. Ogesen
wondered whether the rezoning might increase pressure to improve Maiden
Lane. Boothroy responded that it might, but that there were two other
entrance/exits in addition to the one from Maiden Lane.
The Commission voted unanimously to recommend to the City Council approval
of Z-7702, application to rezone a tract of land from C2 Commercial Zone
to 113B Multi -family Residential Zone located in Block 19, County Seat
Addition to Iowa City.
S-7707. Preliminary and final Large Scale Residential Development plan
and Large Scale Non -Residential Development plan of Mapleleaf Office Park,
a proposed development on a tract of land located northeast of Lower
Muscatine Road; 45 -day limitation period: waived.
Schmeiser said that the only deficiencies remaining on this item were that
the storm water management facilities had not yet been reviewed by the
Engineering Department and that signatures from the utility companies were
necessary, tie said that the plan complied with the Tree Ordinance except
for the landscaped islands in between the driveway and the parking area.
fie explained that the applicant had applied for a variance from the Board
of Adjustment for this. If the variance were not granted, Schmeiser said,
then the plan would have to be altered somewhat.
Ed Lucas, attorney, said that the applicant would like to move ahead as
quickly as possible. lie wondered if the Commission would recommend
approval of the plans subject to approval of the storm water management
fuciIities.
The Commission discussed this possibility. Blum said the delay would be
the same whether or not the Pf,Z Commission acted on the application before
or after the Board of Adjustment's action. Vetter said she would vote
against approval, stating that she felt the deficiencies should be
corrected first.
Lehman pointed out that the Coamisbion had recommended approval on similur
applicutions, with rnntiugencies. In this case, Lehman said, there had
been a fuir amount of discussion Lotween the developer and the Iing;ncerinb
Department.
Scluneiser explained that the Board of Adjustment's decision on whether or
not the drive was an officially approved place would have no hearing oil
this development, but would only affect the Kirkwood College property
adjacent to it.
The Commission voted to defer consideration of 5-7707, preliminary and final
Large Scale Residential Development plan and Large Scale Non -Residential
Development plan of Mapleleaf Office Park, a proposed development on a
tract of land located northeast of Lower Muscatine Road, until a special
meeting to be held on May 12 at 7:00 p.m. in the City Manager's Conference
Room. The motion carried 4-2 (Lehman and Ogesen voted against the motion).
5-7715. Preliminary plat of a resubdivision of a portion of Lot 30,
Conway's Subdivision located west of prairie du Chien Road and south of
St. Ann Drive; 45 -day limitation period: 4/28/77.
Mr. Boothroy stated that an overlay depicting this item was not available
because a revised preliminary plat had not been submitted in time and that
a waiver of the 45 -day limitation period would be necessary. Bruce Glasgow,
developer, presented this waiver to Mr. Schmeiser,
It was suggested that the Commission delay action on this item. However,
the Commission agreed to discuss V-7702, a related vacation item, because
interested persons were present.
7'he Commission voted unanimously to defer S-7715, preliminary plat of a
resubdivision of a portion of Lot 30, Conway's Subdivision located west of
Prairie du Chien Road and south of St. Ann Drive, until the next formal
meeting on May 5, 1977.
V-7702. The vacation of the south 25 feet of Lot 30, Conway's Subdivision
located west of Prairie du Chien Road and south of St. Ann Drive.
Mr. Boothroy explained that this item had been redrawn according to staff
recommendations, which were: to vacate the 60 -foot right-of-way from
Prairie du Chien to Oakland Avenue and between Buresh and Oakland Avenue
to retain a 10 -foot walkway to allow for internal circulation between the
new and the old subdivisions. The 10 -foot walkway would be put in by
the owner to the north when the property was subdivided, according to
Boothroy- Boothroy pointed out that the "location maps" distributed did
not fully represent the Staff's recommendations.
Several members of the audience questioned what areas would be affected
by the vacation. Bruce Glasgow answered some of the questions, and Mr.
Schmeise r prucided an uverJal of the area sh u+log the proposed racativa
area.
A question arose as to w1wilier provision had them made for an entrunre to
Shimel. School from the north. Gain responded that This had not been indicated
nn any suhljn <rrn hfsr rviiewed by rhe Comm? it na> t:ited that the
ureu to the north of the school wus unplutted .
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Hoothroy commented that neither the forks and Recreation Commission nor
school officials had expressed an interest in providing pedestrian access
along the subject right-of-way because of the expense and responsibility
involved.
Cain called for a vote on the item. W. Glasgow pointed out that a problem
existed in the description of the item, and suggested that the words "city
street that borders" be inserted before "the south 25 feet of Lot 30 ..."
in the description of the vacation area.
Mary Fuller, 1402 Oaklawn, Iowa City, expressed concern that school children
would use the new sidewalk and then would continue on, crossing a deep and
heavily -wooded ravine between there and the school. Commissioner Blum
explained that the Commission could do nothing to alleviate this problem
if no one was interested in providing an alternative entrance.
The Commission voted 6-0 to approve the vacation of the city street (Virginia
Drive) that borders the south 25 feet of Lot 30, Conway's Subdivision,
between the eastern right-of-way of Oaklawn Avenue to the western right-of-
way of Buresh and vacating all of the area from the eastern right-of-way
of Buresh to Prairie du Chien Road and maintaining ten feet for a walkway
between Oaklawn and Buresh, and requiring the developer to construct a
sidewalk in that portion of the area -
5 -7716. Final plat and a Planned Area Development plan of Hamm's Second
Addition located cast of Dover Street and north of Parkview Avenue; 45—day
limitation period: 4/28/77; 60 -day limitation period: 5/13/77.
Mr. Boothroy explained that the elevations and duplex plans had been put
on the plat and that since the structures would be less than 2100 square
feet, the developers would not have to meet the requirements of the Tree
Ordinance. Also, he said, a variance would have to be granted for a 25 -foot
rather than a 28 -foot street width.
Mr. Schmeiser said that an LSRD plan would have to be submitted, because it
involved several lots under an ownership totaling more than two acres.
The applicants had been advised of this, Schmeiser said. Angela Ryan
pointed out that this requirement had been waived in the case of the Village
Green barn. Cain said the Commission would await the report from the Legal
Staff on this question.
The Commission voted 5-0, with one abstention (Vetter abstained) to recommend
to the City Council approval of Z-7716, final plat and a Planned Area
Development plan of Hamm's Second Addition located east o1' Dover Street
and north of Parkview Avenue, with a variance allowing a 25 -foot nide
pavement for Esther Court. fetter ab stained because she had not been
present for the informal meeting on this item.
The Cemmiabiun adopted thr "Pruredurr<" by a vo!r rf 1, 0. Thrsr should be
forwarded to the City Council along with the Bylaws, Cain stated.
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Sign Ordinance.
Air. Schmciser reported that the Sign Ordinance would not be ready for the
Commission's review for at least it month. Cain asked if'"portable signs"
would be redefined in the Ordinance, stating that they should be either
defined or deleted.
The Commission suggested that it might be best for this section to be
deleted, as was the original decision.
It was decided that the Commission would discuss the Proposed Parking Policy,
including the system for meter fees, at the next informal meeting.
The Commission discussed the PC Zone, the amendment to the PC Zone, and
the problems presented by the studies required for development in that
zone.
Blum commented that it seemed senseless to require development as a total
unit, unless the developer wished to do it that way. lie suggested that
perhaps a new commercial zone should be developed. Lehman commented that
PC developments were usually in areas where such developments would not
normally be, and that this was justification for such studies being
required. Kammermeyer felt that this kind of zone should be desired and
initiated by the developer, not imposed by the City.
Several of the Commissioners expressed concern that the section of the
Zoning Ordinance which requires expensive studies on the part of a developer
in the PC Zone was unreasonable, even with the amendment stating "except
when initiated by the City".
The amendment was defeated 6-0.
Mr. Schmeiser told the Commission that Ty'n Cae, Inc., had wondered whether,
in lieu of showing duplexes on a proposed PAD plan, they could submit a
list of covenants - acceptable minimum standards for the duplexes.
The Commission agreed to look at the list.
Cain reported that Dennis Kraft, Director of Community Development, had
a list of conferences which Commission members might be interested in
attending.
The meeting adjourned. Prepared byi �2i,,,A,
Ellen Osemaw DCD
Approved by; 4t,,.w1,
Ail:enita Vetter
Secretary
P&Z Commission
COMMENTS MADE BY JANF JAKOBSRN REGARDING '1'111: PROPOSED CH ZONING TMCP:
I am opposed to the proposed rezoning for the following reasons:
(1) the area should be considered along with other commercial areas
in town, and (2) because the Comprehensive Plan is going to be finalized
in the not -to -distant future, another method of considering the proposed
rezoning would seem more appropriate.
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MINUTES
I019A CITY BOARD OF ADJUSTMENT
APRIL 13, 1977 -- 3:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Goedken, Dickens, McBride
MEMBERS ABSENT: Fowles, Conlin
STAFF PRESENT: Schmeiser, Kuslinir, Siders, McKean, Child
Chairman Goedken called the meeting to order and as ked if there were any
corrections or additions to the minutes of the meeting held on January
12, 1977. A motion was made by Dickens, seconded by McBride, to approve
the minutes as written. The motion carried unanimously.
V-7611. Consideration of an application submitted by Mr. John W. Miller
for a variance in Section 8.10.268.2 of the Zoning Ordinance to waive the
side yard requirement for an accessory building (garage) on a lot at
1019 Rider Street; date filed: 10/25/76; public hearing held: 1/12/77.
John W. Miller, petitioner, expressed his desire to construct a garage
of larger dimension in the same location of an existing garage. lie indicated
that the land a few feet behind the garage "drops off abruptly". If the
garage were to be moved back, he questioned whether it would be possible
to build a foundation so close to the "drop off". Mr. Miller stated that
the only estimate lie had obtained was for locating the garage in its
present location' and enlarging it from 19' to 22' in length and from 12'
to 14' in width.
Board member McBride noted that without the variance being granted, there
would be 8.9' in which to maneuver an automobile into the garage if the
garage were built 6' back from the House. MCBride staged that the following
alternatives were available:
(1) allow the petitioner to construct a garage on the property line,
(2) deny the variance and encourage the petitioner to move the garage
further back from the house, or
(3) construct a 20' -long garage rather than a 22'-1 ong garage.
Chairman Goed ken questioned what would happen at the back of the garage
if the petitioner were to construct the garage 11' b acl: from the house.
Don Schmeiser, Senior Planner, noted that the severe topographical limi-
tation might create a practical diffirulty.
Board members noted that a letter had been submitted by Funice Travis,
1017 Rider, expressing opposition to the subieci req nest.
After further discussion, a motion wus made by McBride, seconded by Dickens,
that the application for a variunce (V-7611) be denird for the following
reasons: (1) there may be other alternatives availaule to the pctitioucr,
(7) granting rhv vari an"t, would •:rem roue rury to the pull lc im ,-rrst.
aild (J) 5ul14ijeut et Ju.-IILv uut nut ee::.t to drmoiist:..dc as undue baruSLip.
A vote wus taken: Uickene,..yes; Gtwdken-yes; McHride -yer.; Conlin-abst•nt;
Pow)es-absent -tit, "'odor, rarrJvdd. Tht ;u -i ancc wu- drl.:vd.
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V-7701. Public hearing on an application submitted by Mr. William J.
Steinbrech, Jr. for a variance in Section 8.10.2311.2 of the Zoning
Ordinance to reduce the required front yard setback on a lot at 404
Magowan Avenue; date filed: 3/4/77.
Mr. William J. Steinbrech, Jr., petitioner, expressed his desire to
attach a screened porch to the back of his house. Such construction,
however, would necessitate approval of a variance to reduce the required
front yard setback on McLean Street.
Board member McBride stated that he was somewhat perplexed because there
did not seem to be an unnecessary hardship, however, the proposal would
seem to be reasonable and would enhance the quality of the neighborhood.
lie stated that he was puzzled as to what should be recommended.
Andy McKean, Legal Intern, stated that the opinion of other property
owners in the neighborhood would have a direct bearing on the matter of
public interest. Mr. Oscar Nybakken, 410 Magowan Avenue, stated that he
was not present at the meeting to object to the proposal but was merely
asking for information. lie said he was primarily interested in the
frontage on Magowan Avenue.
Tony Kushnir, Assistant City Attorney, noted that the question of unnecessary
hardship was addressed in the State Code of Iowa -- not in the City's
Municipal Code. Mr. Schmeiser noted that property owners within 200' of
the subject property had been notified of the Board of Adjustment meeting.
After further discussion, a motion was made by McBride, seconded by Dickens,
to defer until the next Board of Adjustment meeting consideration of V-7701,
application submitted by Mr. William J. Steinbrech, Jr. for a variance in
Section 8.10.23B.2 of the Zoning Ordinance to reduce the required front
yard setback on a lot at 404 Ma Bowan Avenue. Board members suggested that
the Staff provide additional information on the following sentence from
the April 1 3th Staff Report: "Perhaps a mechanism might be created whereby
special exceptions may be issued absent a showing of unnecessary hardship,
if they are not found to be against the public interest and are not
objected to by other property owners in the impacted neighborhood."
A vote was taken: Dickens -yes; Goedken-yes; McBride -yes; Conlin -absent;
Fowles -absent. 7'he motion for deferral carried.
V-7702. Public hearing on as application submitted by May Seed and Nursery
Company for a variance in Section 8.10.25D.3 of the Zoning Ordinance to
permit parking in lite front yard on a lot lucuted at the southeast corner,
of Lower Muscatine (toad and First Avenue; date filed: 3/23/77.
Mr. Schmeiser explained that the t.tty had sold tier sui'je't p:uprrt) e�t.6
the stipulation thut no access to First Avenue would he permitted and,
therefore, xll access must come from Lower M uscaline (toad. An innovative
purking dcsign plan was apin•nved by the I'ltintiml, and Toning Commission,
lip said, and the Stuff felt -+ufficWill p•ronnds eti>.ivd to prtmt a Variance
to permit l:.-:'{. _ail; w•=!I::u the !roN. vi.rd and r•�•t. i�: fi...a. ',.,•t ,{ I it<t
Avenue.
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Mr. Larry Gore, representative of the May Seed and Nursery Company,
expressed the desire to provide an area where nursery stock could be
displayed.
Chairman Goedken questioned whether the paving would be close enough to
First Avenue to confuse automobile drivers into thinking that a car
might be driving directly toward them. Mr. Schmeiser stated that there
would be a 10' clearance from First Avenue.
After further discussion, a motion was made by Dickens, seconded by
McBride, to grant approval of V-7702, a variance in Section 5.10.25D.3
to allow parking to within five feet of First Avenue on the basis that
the variance will not be contrary to public interest, that the spirit
of the ordinance will be observed, and that substantial justice will be
done in alleviating an unnecessary hardship.
A vote was taken: Dickens -yes; Goedken-yes; McBride -yes; Conlin -absent;
Fowl es -absent. The motion carried. The vari.ance was granted.
The meeting adjourned.
Prepared by:.�/ t�F `'kC'& _
Approved by:
or Planner
MINUTES
HUMAN RELATIONS COMMISSION
APRIL 25, 1977 7:15 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT:
Braverman
Ma is umoto
01eson
Mad i son
Woodard
Scott (7:20)
MEMBERS ABSENT:
Costantino
Gi 1 roy
STAFF MEMBERS PRESENT:
Morgan
Ryan
Ragland
RECOMMENDATIONS TO THE
CITY COUNCIL
Oleson moved and Braverman seconded that the Commission apply for
deferral status with the Iowa Civil Rights Commission. Deferral
status means the local Commission will investigate and handle cases
filed with the State agency so long as the alleged violation takes
place within the city limits of Iowa City. The motion passed
unanimously.
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
A letter from Iowa Civil Rights Commission Director, Tom Mann,
requested support or non-support on several legislative bills. The
Commission directed the staff to do the following:
(a) SF 272 and HF 508 - The State Commission requested the local
Commission oppose this bill which provides for the administrative
closing of complaints filed with the Iowa Civil Rights Commission
for more than 12 months if the complainant indicates a desire
that the matter no longer be pursued. The reason for opposing
this bill is not that the complaint should be pursued when the
complainant does not wish it to be, but because of the method
by which complaints were asked to keep their complaint active.
The method set forth is to have the complainant answer by
letter that they wish the complaint to remain active. No
personal contact would be made. This procedure would have
direct bearing on the Westinghouse and Yellow Cab cases.
Upon the motion of Matusmo to, seconded by Oleson, the Commission
reco!mwnded a letter be sent tv oppose this till. The motion
passed with all voting yes, except Scott who voted no. Scott
voted no indicating that this action was appropriate for
Council action.
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(b) HF 268 - The Iowa Civil Rights Commission requested support of
this bill which, in effect, would establish a "right to sue"
status for complainants who had not received relief for a
complaint on file for 240 days or more. This action give
complainants standing in district court on their own behalf,
otherwise complainants only have relief through an agency.
(c) HF 484 - The Iowa Civil Rights Commission requests support of
this bill which expands the unfair practice and discriminatory
practice definition to include practices set out in the housing
and credit practice section. It gives the Commission power to
investigate credit practice and it changes the designation of
hearing examiner to hearing officers. These are mainly house
cleaning measures to clarify points of confusion with regard
to the State Statute.
On the motion of Braverman, seconded by Oleson, the Commission
is to send a letter in support of N.F. 268 and H.F. 484. All
voted yes, except Scott who voted no for the same reasons as
stated in (a) above.
(d) HF 481 - Iowa Civil Rights Commission requests support for
this bill which would no longer exempt sex as a protected
category in retirement. Oleson moved and Braverman seconded
that the staff look into this bill and its ramifications and
report back to the Commission. The motion passed unanimously.
2. Upon the motion of Woodard, seconded by Oleson, the staff was
requested to explore the possibility of applying for 706h status
with HUD and the EEOC. A 706 status with Federal agencies would
allow local commissions to investigate and handle complaints alleged
against local respondents for the federal agency. This type of
arrangements with the Federal agency usually involves the local
agency receiving money for the investigation of the complaints.
The motion passed.
3. Oleson moved, Braverman seconded, that the Affirmative Action
Committee and the staff pursue with their counterparts on the
School Board and University committees, a discussion of active
enforcement of affirmative action. A meeting with this group would
be called soon. The motion passed.
4. The staff was requested to arranged a date with the City Council to
meet with the Commission and several minorities in the community to
discuss the status of minorities in Iowa City.
5. The staff was requested to see if a member from the Housing Commission
would be able to attend the housino conference in Virainia , and
report back to the Commission at the May meeting.
6. Oleson moved, Madison seconded, that the staff pursue the letters
which were sent to the Lazy Leopard Lounge and the Ironmen Lm with
regard to "ladies nate." The motion passed, dlso the stdf f it, to
contact the Miall Merchants Association witn regard to offering free
coffee to women shoppers.
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7. The staff was directed to send the new ordinance to local radio
stations and newspapers with an explanatory letter stating the
impact on these agencies for excepting ads which publicize business
practices in violation of the new Ordinance.
B. The staff is to look into getting the public service announcements
on KXIC and I EBN, and the possibility of a panel on [EBN to talk
about the new Ordinance.
9. Braverman moved, and Oleson seconded, that the Chairperson appoint
a committee to review applicants for the Civil Rights Specialists
position. The motion passed.
PENDING ITEMS
The Conciliation Workshop will be held May 10, 7:00 P.M., at the
Civic Center. The workshop will be conducted by Terry Dolphin,
Education Director for the Iowa Civil Rights Commission.
2. Iowa Civil Rights Commission Meeting in Iowa City - Oleson reported
on the meeting. Commissioners and City Council members were invited
to attend a dinner at 6:00 P.M., April 13 at the Ramada Inn. Mary
Neuhauser (Mayor), Carol deProsse (Councilmembe r), Neal Berlin
(City Manager), Scott, Oleson, Costantino, Braverman, Morgan and
Ragland attended.
3. Legislative Coalition - Morgan reported on a letter from the Iowa
Civil Rights Commission which requested that the local Commission
support the Iowa Civil Rights Commission stand on the following:
(a) SF 272 and HF 508. - Opposed
(b) HF 268. - Support.
(c) HF 481. - Support.
(d) HF 484. - Support.
Oleson moved, and Braverman seconded, that the Commission respond
to the suggestions of the Iowa Civil Rights Commission in making
the appropriate positive or negative recommendation to the legislature.
The Commission then discussed the meeting of Friday, April 22 with
the Mayor and City Manager with regard to Commission making policy.
The Chairperson reported his impressions of that meeting. They
were that the Council expected the Commission to refer any policy
matters including legislative policy to the Council rather than
having the Commission take action.
Oleson then amended the previous motion to state that the Commission
forward to the City Council recommendations that Sr 272 and HF 50B
be recommended for non -passage, request the Council's concurrance,
and forward this to the relevant legislative committee. As Braverman
would not accept this as an amendment to the motion, it was seconded
by Woodard. There was some discussion of this motion as to whether
this was policy. The consensus was that it was not. The Chair was
requested to in terport this motion stating that if it pa:aed and
tht Council ret useo to takt the Comnssrons recommenaation on these
legislative bills, then no action would he taken and no letter
• -4 •
would be sent. No one questioned this interperation and a vote was
taken. Those voting 'aye' were Oleson, Madison, and Scott. Those
voting 'no' were Braverman, Matsumoto, and Woodard. A tie -vote
means the motion failed. A vote was then taken on the main motion
and it passed unaminously. The recommended action on this legislation
is found in the "Recommendations to the Staff" section.
Equal Housing Meeting - Ragland reported on the Equal Housing
Meeting. Members of many sectors of the community interested in
the housing question were in attendance. Oleson complemented the
staff on this meeting, specifically on the quality of the speaker,
BiI 1 Caruso. Oleson moved, Woodard seconded, to pay the expenses
Mr. Caruso set forth in his expense account in the amount of $85.00.
SUMMARY OF RELEVANT DISCUSSION
The meeting was called to order by Woodard at 7:15 P.M. Upon the
motion of Oleson, seconded by Madison the mintues were approved.
June Higdon, Personnel Specialist, and Stewart Tarr, from the
Daily Iowan, were in attendance. There was no public discussion.
e Chairperson, Scott, arrived soon after the beginning of the
meeting and the meeting was turned over to him.
A. ORDI NANCE
The Ordinance Implementation Committee is meeting May 2, 7:00 P.M.
Law Library at the Civic Center to work on the development of the
administrative rules for the procedural section of the ordinance.
The Complaint Processing Committee will meet on May 12, 7:00 P.M.,
Conference Room at the Civic Center to review all the pending
complaints and recommend Commission action on these complaints.
COMMITTEE REPORTS
1. Ordinance Implementation and Education - The ordinance received
Its 1 Ill di redoing on Apri 1 19, 1977.
Complaint/ Processing Committee - No report.
Affirmative Action Committee - Braverman discussed his desire
or the Affirmative ction omnittee to have some guidance
from the Commission with regard to developing the appropriate
relationship with the School Board and University Affirmative
Action groups. Action on this request is found earlier in the
minutes. Woodard reported that the School Board had adopted
an Affirmative Action Policy Statement.
4. Outreach/Advocacy - Madison reported no new developments, and
state t e neem to establish a date with the City Council to
discuss the problems of minorities in Iowa City.
5. 5taf�f Report - Ragland informed the Cwrmission of a Housing
Can of runce sponsored by HUD and a Mdnagwmrnt Strntdgy in ECOC
LomplidnLe Cuutereace. A letter f roll EFUL was received with
0 -5- 0
regard to reviewing EEOC policies. The staff will review this
and take it up with the Chairperson if action is necessary. A
request for money from Julian Bond, Southern Regional Poverty
Law Center, was received. No action taken. A letter from
IAOHRA was received regarding the current status of that
organization. The staff re comnended that the membership not
be continued. Braverman moved, Oleson seconded, to accept the
staff recommendation, it passed.
C. COMPLAINT PROCESSING
No action on the complaints was taken due to the fact that Complaint
Processing Committee will review the current status of all complaints
and will report back at the May meeting.
D. OTHER BUSINESS
There was discussion on fill ing the Civil Rights Specialist
position. A committee will be appointed by the Chair on the
motion of Braverman, seconded by Woodard. This committee is
charged with reviewing applicants both from within City employ—
ment and outside City employment. The motion passed with
Oleson voting no because she felt it was unnecessary to have
to go outside the City to accept applicants.
2. Ragland met with Fred Woodard, Chairperson of the University
Committee on Human Rights, to discuss ways in which the local
commission and the University committee could work together.
The Affirmative Action Committee is to pursue this.
3. A short training session for making determination on cases was
held. A set of allegations was presented, followed by a list
of facts discovered during the investigation. The Commission
was requested to make a cause or no cause determination on
these cases based on the information available. The consensus
was that short training sessions of this nature were useful.
It was requested that the next time only the presentation of
the allegations be brought to the Commission so that they
might discuss ways in which the case can be investigated.
4. Scott moved, Oleson seconded, to accept the resignation of
Linda Ragland with regret and thanks for her work with the
Commission.. The motion passed.
5. May
May meeting was set for May 23, 7:30 P.M., agenda setting
Y
The meeting adjourned at 9:30 P.M.
MINUT S
IOWA CITY HOUSING COWISSION
April 13, 1977 - SPECIAL MEETING
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT : Branson, Fountain, Hibbs, Lombardi
MEMBERS ABSENT : Retish, whitebook, Kamath
(UMT : Cora B. Pollock
CITY STAFF PRESENT : Seydel, Burke, Hillis, Kimball
TIONS TO CITY COUNCIL:
1. The Housing Conmission recomnended that the Iowa City City
Council accept Chapter 9.30.15, Retaliatory Conduct, of the Housing
Maintenance and Occupancy Code.
2. The Housing Cammission recxrmended that the City Council accept
various page revisions of the Housing Maintenance and Occupancy Code
and set a Public Hearinq on the Ordinance.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
1. Branson called the meeting to order.
2. Chapter 9.30.15, Retaliatory Conduct. Hibbs moved that the Housing
Commission approve Chapter 9.30.15 of the Housing Maintenance and
Occupancy Code. Lombardi seconded the motion. Notion passed 4/0.
Hibbs stated that the new section "broadens the protection".
It also provides that the landlord be notified first before
the governmental official in case of complaint. It also does
not interfere with legal remedies on behalf of tenant or landlord.
3. Housing Code Revisions. Branson roved that the Housing Commission
approve the Housing Code Revisions to the Housinq Maintenance and occupancy
Code. Hibbs seconded the motion. Notion passed 4/0.
4. Discussion was conducted regardinq the Autumn Park Apartments. It
was noted that the selection of tenants will be accomplished the first part
of May. An apartment will be on display for an Open House during the month
of May.
5. Chairperson Fredine Branson expressed her thanks and appreciation
to the a miission manbers and the City Staff for their fine cooperation
durinq her term as Chairperson.
G. IMLVArdi rov"I and Hillis +-i>v m:n:.ion Uurt the nnetinq a 'journ.
NWI MEETING: May 4, 1977
3:30 p.m.
CITY MAHAMIR' S CJMrt:R X-( RD'7M /
Approved ' `(' df I
9.30.15 PETALIA'101V CONDUCT
9.30.15 No landlord may increase rents, decrease services,
nor evict a tenant prior to the novel expiration of the lease of
any tenant who after giving notice to the landlord of a potential
violation has filed, in good faith, a caTplaint to a governmental
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 complaint to the goverrmiental official.
-29- 4-8-77
ecity of Iowa CA
MEMORANDUM
DAM April 13, 1977
TO: HOUSING CMUSSION MEMBERS
FROM: Bruce B. Burke, Senior Housing Inspector
RE: Housing Code Revisions
Page 16 - S. Every gas burning heating unit and water heater
shall be quipped with electronic ignition or with a pilot
light and an automatic control to interrupt the floe 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.
This allows for electronic ignition as well as pilot light ignition.
Page 16 - T. & U. Reconrnend deletion of both these sections due to
the fact that these codes are the responsibility of the Building
Department.
Ernforceent procedures differ and liability problems arise if housing
inspectors do not spot improper installations.
Page 16 - W. Revise last sentence from "two feet" to "thirty inches".
All other specifications are in accord with new building standards.
Thus: "All areas accessible to occupants of any dwelling and situated
metre than thirty inches (30) above adjacent areas shall be protected
by substantial guardrails at least thirty-six inches (36") high."
Page 17 - A. Uniform Building Code does not presently contain
conservation guidelines. Consequently, revise last sentence to:
"The minimum total window area, measured between stops, for every
habitable roan shall be ten percent (10%) of the floor area of
such roan or in conformity with energy conservation measures as
outlined in applicable laws and ordinances."
Thus, when state and Federal laws, (currently being developed) are
accepted, the Housing Code will accondate the new options.
Page IS - J. Onit the phrase as approved by the Housing
Page 23 - L. This section is slightly revised to avoid conflict with
currently proposed storm water run off provisions.
page 2
Housing Code RevAns
4-13-77
r'1
LJ
The premises and grounds of every dwelling shall be kept •or`derly 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."
Paqe 23 - 0. In last sentence, include other codes as well as the
Uniform Building Code. Revise last sentence to; " . . construction
of buildings by all applicable codes and the Iowa City Housing Maintenance
and Occupancy ordinance_"
Iowa City Airport Commission •
April 21, 1977, 7:30 p.m.
City Manager's Conference Room
Members Present: Gary Bleckwenn
Caroline Embree
Dick Phipps
Jack Perkins
Claude Peterson
Others Present: E. K. Jones, Airport Manager
Melvin Jones, Admin. Asst -Dept. of Finance
Councilmembers Foster and Selzer
Representatives of Veterans groups
Members of Press
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN
Meeting called to order by Chairman Perkins. Perkins asked for the Commission's
feelings on the removal of the jet from the airport grounds. Caroline Embree
expressed opposition to the removal of the plane. Gary Bleckwenn expressed
concern that there was no designation of the plane as a memorial. Comments
from the audience were asked for by Chairman Perkins. The comments from
the audience centered upon who was to blame for the removal of the jet from
airport property. Bleckwenn stated that he had no objection to having the
jet returned if it is in good condition. Perkins questioned who is to blame
for this action. E. K. Jones stated that he had talked to Nancy Seiberling
about the plane's removal and she stated that she had received approval
from the City Staff (City Manager). There was then discussion on the cost of
bringing in a new plane versus the cost of "rebuilding" the original.
Caroline Embree then made the following motion, seconded by Phipps.
That the Airport Commission recommend the following to the
City Council:
1. That the airplane in question or a suitable substitute be
returned to a place at the airport and that any costs involved
be assessed to those responsible for its removal.
2. That an appropriate plaque be added at the same time.
3. That the actions of the City Staff, if any, in cooperating
in the removal of the plane be investigated and any necessary
corrective action be taken to assure that this will not occur
again."
The motion was approved unanimously.
Perkins stated that it was now time for the election of officers. Motion
made by Bleckwenn that Claude Peterson be named Chairman, seconded by Phipps,
passed unanimously. It was moved by Perkins and seconded by Phipps that
Bleckwenn be named Secretary. Passed unanimously.
The item of Virgil Nannegan's lease approval was tabled until the next
Commission meeting.
Airport Commission Minutes
April 21, 1977
Page 2
Embree mentioned the problem with a lack of detail in the minutes, and
other Commissioners agreed. Additions to the 3/17/77 minues were then
made:
1. Pursue the collecting of past due amounts from Toomey.
Mel Jones is to talk to Bob Bowlin regarding this matter.
2. Include discussion on the dissatisfaction expressed by the
Airport Commission with the doors on the new Airport T— Hangars.
The motors used for opening and closing are burning out.
3. Include discussion on better system for determining bills of
the Airport Commission. Mel Jones is to provide assistance
in interpreting the computer printouts.
A letter from the Doane Agricultural Service was presented asking for
Airport Commission approval of use of forward contracting for the 1977
crop (see letter attached). Jones urged crop and hail insurance due to
increased cost in investment. Perkins requested Jones to contact Doane
for interpretation of last paragraph. The Commission deferred action
until the next meeting.
Discussion then took place on the 34 acre industrial tract. It was
questioned as to whether this land is in the flood plain, and the effect
this would have on industrial development in this area.
Phipps is to bring a copy of the regional airport plan, completed by
a Minneapolis firm, to the next meeting for discussion.
E. K. Jones is to call J. Naas concerning the original application for
the Commission to the FAA for development of a master plan for the
Iowa City Airport.
E. K. Jones read a letter from FAA concerning proposed development of
the Iowa City Airport (see attached). Bleckwenn proposed that this item
be discussed at the next Commission meeting. Meeting adjourned at 10:00
p.m.
Next Commission meeting scheduled for May 19, 1977.
Doarx! Agricultural Servia', Inc •
301 South Iowa / South Door / P.O. 11ox Ti / Washington, Iowa 52151 / (314) 653-527.1
April 15, 1977
Iowa City Airport Commission
Municipal Airport
Iowa City, IA 52240
RE: 3948 Iowa City Airport
RE: Forward Sale of Grain
Dear Sirs:
0
DOANE
As in the past, we may use forward contracting as a marketing
tool to sell a portion of the 1977 crop prior to harvest. The
decision to sell grain on a forward contract is based on our
analysis of the grain markets on a day to day basis. Factors
that affect our decision are the cost of production, weather
and reports on crop production, and supply and demand.
Our main objective, of course, is to develop the best marketing
plan to obtain the highest return for your grain. In no case
would we sell more than 50% of your share of the expected pro-
duction. If you are in favor of using forward contracting as
a marketing tool, please sign one copy of this letter and re-
turn it to me in the enclosed envelope.
Your approval does not necessarily commit us to using forward
contracting, but it does indicate to me that you are willing
to take this course of action if market conditions are right.
IN ALL CASES, WE WILL EITHER CARRY HAIL INSURANCE OR FEDERAL
CROP INSURANCE IF FORWARD CONTRACTS ARE MADE. Thank you for
your cooperation.
Sincerely,
DOANE AGRICULTURAL. SERVICE, INC.
Keif er G. Garton y
Farm Manager
Approved By:
KGG/eke Date:
DEPARTMENT OF TRAGORTATION
• FEDERAL AVIATION ADMINISTRATION
MAR 1 B 1977
Mr. E. K. Jones
Airport Manager
Iowa City Municipal Airport
Iowa City, Iowa 52240
Subject: Iowa City Municipal Airport
Dear Mr. Jones:
Ll
CENTRAL REGION
501 EAST 12TH STREET
KANSAS CITY, MISSOURI 64106 N •�l
ora
"�" /lTt � 2
0
t
0
���'I m lt•t`
We are in the process of updating the Central Region's segment of the
1978 National Airport System Plan. This was made necessary by the
recently passed 1976 amendments to the Airports and Airways Development
Act.
After reviewing all available information and evaluating aviation
activity foretaste for the 0-5 and 6-10 year planning periods, we have
the following preliminary development recommendations for the subject
airport:
1978-1982
Land
NW/SE parallel taxiway
Connecting taxiway to end of runway 35
T -hangar taxiways
Extend apron
Taxiway lighting
VASI9
Localizer S middle marker
Obstruction removal
1983-1987
Extend runway 17/35 to 4700'
Porous friction course
runway 17/35
Extend taxiway to end of
runway 17
T -hangar taxiways
Extend apron
Runway 6 taxiway lighting
If you have any questions concerning the above recommendations and/or
have information which could support additional development at subject
airport, please forward it to this office as soon as possible. If you
agree with our recommendations, a written concurrence to not required.
Sincerely,
NMsASEes
Chia Airports Division
PROPOSED BYLAWS
C�
Iowa City Planning and Zoning Commission
ARTICLE I
AUTHORITY - - -
The Iowa City Planning and Zoning Commission shall
shall have that authority which is conferred by Chapter
414 of the Code of Iowa and through the adoption of
these by-laws stated herein.
ARTICLE II
PURPOSE - - -
The purpose of the by-laws stated herein is to provide
for the general welfare of the citizens of Iowa City,
by establishing a Planning and Zoning Commission to
advise the City Council on all matters pertaining to the
physical development and the comprehensive plan of
Iowa City.
ARTICLE III
MEMBIERSHIP - - -
section J. QuuJificuthills. The Planning and Zoning Conmiisvion
shall cnnsist of seven (7) members appointed by the
IM
• -2-
(Article
2 (Article III - continued)
City Council. All mcmhcrs of the Commission shall be
qualified cleclors of the City of Iowa City, Iowa.
Section 2. CnmumsaI ion, Member•: shall sorve without cungxmsa-
tion but may be reimbursed for expenses incurred for
travel outside the City on designated Commission
business. Such expenses must he submitted to the City
Manager.
Section 3. Orientation for New Members. prior to the first regular
meeting following their appointment, new members shall
be provided with copies of the City Zoning and Subdivi-
sion Code, Bylaws, and other documentation t hat would
be useful to Commission members in carrying out their
duties. They may also be given an orientation briefing
by members of the City Council, the City staff, the Com-
mission and others as may be deemed appropriate.
Section 4. Absences. 771ree consecutive unexplained absences of a
Commission member from regular meetings may result in
a recommendation to the City Council from the Commission
to discharge said member and appoint a new Commission
member.
Section 5. Vacancies. Any vacancy on the Commission because of
death, resignation, long-term illness, disqualification
or removal shall be filled by the. City Council after at
least 30 days notice has been given by announcement of
said vacancy to the news media and by recording in the
minutes of the City Council.
S1.1.1 irni h 7rrmti. M.-mtmTe shat l bl• appointed for terms of 1'ive
years, with terms expiring on May 1. Not mu rc than
one-third of the terms may expire in any one year.
• ; 0
(Article III - continued)
Section 7. Resignations. Resignations should be submitted in
writing to the Mayor with a copy to the City Manager,
Di rector of Community Development and Chairman of
Planning and Zoning at least 60 days prior to the
date of intended departure.
ARTICLE IV
OFFICERS - - -
Section 1. Number. The officers of this Commission shall be a
Chairperson, Vice -Chairperson, and Secretary, each of
whom shall be elected by the members of the Commission.
Section 2. Election and Term of Office. Officers of the Commission
shall be elected annually at the first regular meeting
in February each year; if the election of officers shall
not be held at such meeting, such election shall be held
as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death,
resignation, removal, disqualification or other cause
shall be filled by the members for the unexpired
portion of the term.
Section 4. Chair. The Chair shall, when present, preside at all
meetings, appoint committees, call special meetings and
in genert.] perfortr. 1.11 dut`es incident tc the office of
a Chair, and such other duties as may he prescribed by
the members from time to time.
Section 5, vice -Chair. In the absence of the Chair, or Ili the event
of cleuth, inubility or refusal to act, the Vice -Chair
shun perform the duties of the Chair un d when so
• 4 •
(Article IV - continued)
acting shall have all the powers of and be subject to
allthe restrictions upon the Chair.
Section 6. Secretary. The Secretary shall have the responsibility
of insuring that the Commission's minutes are accurate
and are circulated as prescribed. The Secretary in the
absence of the Chair or Vice -Chair, shall perform the
duties of the Chair and when so acting shall have all
the powers of and be subject to all the restrictions
upon the Chair.
ARTICLE V
MEETINGS - - -
Section 1. Regular Meetings. Regular formal and informal meetings
of this Commission shall be held twice monthly.
Section 2. Special Meetings. Special meeting of the members may
be called by the Chair and shall be called by the Chair
or Vice -Chair at the request of three or more members
of the Commission.
Section 3. Place of Meetings. Regular formal meetings shall be in
a place accessible to handicapped.
Section 4. Notice of Meetings. Notice of regular and special
meetings shall be required; meetings may be called upon
notice not less than six (6) hours before the meetings.
The news media shall be notified by staff in a similar
fashion.
Sectiote 5. Quurun. A awjurity of the members of the Commisbiun
shall constitute a quorum at any meeting. A nmjority
(Article V - continued)
(but not less than three) of votes cast at any meeting
at which a quorum is present shall be decisive of any
motion or election.
Section G. Proxies. 'There shall be no vote by proxy.
Section 7. Public Discussion. rime shall be made available during
all regular formal meetings for open public discussion.
Section S. Roberts Rules of Order. Except as otherwise provided
herein, Roberts Rules of Order shall be used where
applicable.
AR'T'ICLE VI
DUTIES - - -
Section 1. Planning and Zoning Commission. 1n order to avail
itself of the powers conferred by Chapter 414 of
the Code of Iowa, the Council shall appoint a Commission,
to be known as the Planning and Zoning Commission, to
recommend the boundaries of the various original
zoning districts and subsequent amendments, and to
recommend appropriate regulations and restrictions
to be enforced therein. The Commission shall provide
opportunity for public discussion before submitting
its recommendations, and the Council shall not hold
its public hearings or tuke action until it hus
received the recommendutiuns of the Commission.
The Commission shall develop and maintain a comprehen-
sive plan. It shall ulso develup such specific plans
• -6-
(Article
G
(Article V1 - continued)
as may be necessary or desirable. It shall review
the capital improvements program of the city and
comment on its impact upon the adopted comprehensive
plan. The Planning and Zoning Commission will coordinate
and cooperate where applicable with other civic
commissions and boards. It shall perform such other
functions as the legislative body may provide.
Section 2. Powers. The Iowa City Planning and Zoning Commission
shall have authority to make or cause to be made
such surveys, studies, maps, plans or charts of the
whole or any portion of the City, and of any land
outside thereof which in the opinion of the Commission
bears relationship to the Comprehensive Plan and the
Commission shall bring to the attention of the City
Council these findings and furthermore the Commission
may publish its studies and recommendations.
Section 3. Recommendations as to improvements. No public
building, bridge or viaduct shall be located or
erected or site therefore obtained nor shall any
permit be issued by any department of the City for
the erection or location thereof until the proposed
location of any such improvement shall have been
s.ubmdtted tae the I'lenning and Zor.;ng Commission and
its recommendations thereon obtained.
Section 4. Coordination and CooperutinE with Other Goyernrrw•ntal
lint ities. 'Tia Iowa City Planning and Zuning Conmusion
shall coordi note and cooperate where upplicublr, with
• -7 •
(Article VI - continued)
other city advisory bodies and governmental entities
on matters of mutual concern. Specific agencies which
may be contacted include but are not limited to the
fol I owing:
(I) Board of Directors of the Iowa City Community
School District.
(2) City of Coralville.
(3) City of University Heights.
(4) Johnson County.
(5) Johnson County Regional Planning Commission.
(6) University of Iowa.
Section 5. Federal Program Application. All Federal program
applications which would affect any provision of the
adopted Comprehensive Plan shall first be submitted
to the Planning and Zoning Commission and its
recommendations thereon obtained.
Section 6. Regulatory Ordinances. Regulatory ordinances which
would affect the adopted Comprehensive Plan shall
first be submitted to the Planning and Zoning
Commission and its recommendations thereon obtained.
Section 7. Approval of Plats. All plans, plats, or replats of
subdivisions or resubdivisions of land embraced in
said municipality or adjacent there ro, laid out in
lots or plats with the streets, alleys, or other
Portions of the sunk intended to be dedicated to
the public in such awucapaUty and all proposals for
the vacation or purtiul vacation of a street, alley,
• _8 0
(Article VI - continued)
or public ground shall first he submitted to the
City Planning and Zoning Commission and its recommen-
dation obtained before approval by the City Council.
Reviews of plats shall include but not be limited to
review of easements, dedications, and off-street
parking sites.'
Section 8- Approval of Street or Park Improvenent. No plan for
the construction of any street, park, parkway,
boulevard, trafficway, riverfront development, or
any other public improvement affecting the adopted
Comprehensive Plan shall be finally approved by the
City Council or the character or location thereof
determined, unless such proposal shall have first
been submitted to the Planning and Zoning Commission
and its recommendations thereon obtained. The Commission
shall subsequently have 45 days within which to file
its recommendations.
Section 9. Comprehensive Plan - adoption - conditions. For the
purpose of making a comprehensive plan for the physical
development of the municipality, the Planning and
Zoning Commission shall make careful and comprehen-
sive studies of present conditions and future growth
of the municipality and with due TrguTd tc=" relet�on
to neighboring territory. The plan shall be made
with the gcnernl purpose of guidi ng and neromplishing
a coordinated, adjusted, and hurixmious development
of the muei!-ipulity mid its envi m)"s which will, in
(Article VI - continued)
accordance with present and future needs, best promote
health, safety, morals, order, convenience, prosperity,
and general welfare, as well as efficiency and economy
in the process of development and in the provision
of municipal services.
Section 10. Hearings. Before adopting the said comprehensive
plan, or any part of it, or any substantial amendment
thereof, the Iowa City Planning and Zoning Commission
shall hold at least one public hearing thereon, notice
of the time of which shall be given by one publication
in a newspaper of general circulation in the munici-
pality, not less than fifteen days before the date
of hearing. The adoption of the plan or part or
amendment thereof shall be by resolution of the
Commission carried by the affirmative vote of not
less than two-thirds of the members of the Commission
voting. After adoption of said plan by the Commission,
an attested copy thereof shall be certified to the
Council. If the plan, or any modification or amendment
thereof, shall receive the approval of the Council,
the plan, until subsequently modified or amended as
authorized by this section, shall constitute the official
city plan of Iowa City. After the City Council has
adopted all or part of a comprehensive plan, the
Ylunninp and Inning Cnmmisssion OmI l -
(a) Investigate and make recommendations to the
City Council upon reasonable and practical means
(Article VI - continued)
for putting into effect the comprehensive plan in
order that it wit 1 serve as a pattern and guide for
the orderly growth and development of the city.
The measures recommended may include plans, regula-
tions, programs, financial reports and capital
budgets.
(b) Prepare a biannual report to the City Council
on the status of the plan and progress on its imple-
mentation.
(c) Endeavor to promote public interest in and
understanding of the comprehensive plan and regula-
tions relating to it.
(d) Consult with and advise public officials and
agencies, public utility companies, and civic, edu-
cational, professional and other organizations, and
citizens generally, on the implementation of the
provisions of the comprehensive plan.
Section 11. Recommendations of Proposed Public Works; Coordination
of Program. Any major public works project proposed
to be constructed by the City of Iowa City shall be
submitted to the Planning and Zoning Commission for
review as to cnnformnnre with the provisinns of the
comprehensive plan-
Section
lan-Section 12. Acquisition or Disposition of Property; Construction
of rements Ilefore At -tion.
(a) if a comprehensive plan or part thereof has been
udopted, no reul prYtpn-rt,v nhull be nrquired by dedi-
(Article VI - continued)
cation or otherwise for street, square, park or other
public purposes, and no real property shall be disposed
of, no street abandoned, and no public building or
structure shall be constructed, if the adopted
comprehensive plan or part thereof applies thereto,
until the location, purpose and extent of such acquisition
or disposition, such street vacation or abandonment,
or such public building or structure have been submitted
to and reported upon by the Planning and Zoning
Commission as to the conformity with said adopted plan
or part thereof. The Planning and Zoning Commission
shall render its report as to conformity with said
adopted comprehensive plan or part thereof within 45
days after the matter was submitted to it, or such
longer period of time as may be designated by the
legislative body. The provisions of this paragraph
(a) shall not apply to acquisitions or abandonments
for street widening, sidewalk construction or alignment
projects of a minor nature if the Council so provides
by ordinance or resolution.
(b) The City shall not acquire real property for
any of the purposes specified in paragraph (u)
above, nor dispose of any real property, nor construct
or authorize a public building or structure within
evrporute 1 imits of Iowa Citi' of 4111%,Ir1'ritL ry ovr1
which thr 1 owl' City City Council hus jurisdiction
without first receiving a reconum•ndation from the
(Article VI - continued)
Commission.
Failure of the Planning and Zoning Commission to report
within 45 days after the matter has been submitted
to it shall be conclusively deemed a finding that the
proposed acquisition, disposition, or public building
or structure is in conformity with said adopted compre-
hensive plan or part thereof. If the Planning and
Zoning Commission disapproves the location, purpose
or extent of such acquisition, disposition, or the
public building or structure, the disapproval may be
overruled by the City Council of Iowa City.
Section 13. Amendment of Plan. When such comprehensive plan has
been adopted as provided for, no -qubsttmtial amend-
ment or modification thereof shall be made without
such proposed change being first referred to the
Planning and Zoning Commission for its recommendation.
ARTICLE VII
CONDUCT OF COWISSION BUSINESS - - -
Section 1. Agenda. The Chair, or a designated representative,
together with staff assistance shall prepare an agenda
for all regular Commission meetings. Agendas are
to be sent to Commission members and the media
prior to regular fornvil meetings, find copies will
be availah:le to rhe lniblle at thr moot oily.
Section 2. SrcreturZ. A Secretary will he a Commission member.
(Article VII - continued)
Section 3. Min tit us. Minutes of all regular formal meetings
are to he prepared and distributed to Commission and
City Council members. Specific recommendations re-
quiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 4. Review Policy. The Commission shall review all
policies and programs of the City, relating to the
Commission's duties as stated herein, and make such
recommendations to the City Council as are deemed
appropriate.
Section S. Referrals from Council. From time to time letters,
requests for information, requests for recommendations,
and other matters are referred to the Commission by
the City Council. The Commission shall initiate con-
sideration of each item at the next regular Commission
meeting following receipts and shall notify Council
of its disposition.
Section 6. Attendance at Council Meetings. The goal of the
Commission is to have at least one representative
at each regular formal meeting of the City Council.
It is the responsibility of the Chairperson to desig-
nate the method by which this goal is achieved. The
Chairperson or designated representative may also
be requested to attend informal Council sessions at
which mutters pertaining to the Commission's respon-
sibilities are to be discussed.
Section ". Annuul Report. An unnuul report detuiling the uciivitics
• -14- •
(Article VII - continued)
of the Commission shall be prepared by the Chairman,
approved by the Commission, and submitted to the
City Council.
ARTICLE VIII
SUBCOMMITTEES - - -
ARTICLE IX
ANIMENDMENTS - - -
I•
The subcommittees of this Commission including composi-
tion, duties, and terms shall be designated by the
Chair.
These bylaws may be altered, amended or repealed,
and new bylaws adopted by the members of the Commission
at any regular meeting or at any special meeting called
for that purpose. The proposed changes in the
bylaws shall be submitted to the members of the Com-
mission and the City Council at least 14 days prior
to consideration by the Commission. Amendments shall
be approved by the Council to become effective.
PROPOSED PROCEDURES 11SI:1) BY THE PLANNING AND zo•G COMMISSION
The following procedures are in operation at this time (4-77) and will be
added to as the Planning and Zoning Commission adopts further procedures.
This list is also designed to help explain to newly appointed Commissioners
the workings of the Planning and Zoning Commission.
Time of Meetings. The Planning and Zoning Commission holds formal meetings
on the 1st and 3rd Thursdays of each month at 7:30 p.m, in the Council
Chambers. Informal meetings are held the Monday preceding the formal
meeting at 7:30 p.m. in the City Manager's Conference Room. Other meetings
may be called in accordance with the By-laws. The meeting times may be
changed by a majority vote of the Commission.
Attendance at Council Meetings. Each Commission member is expected to
attend Council meetings in accordance with a schedule drawn up by the
Chairperson. The schedule presently is rotating and a Commissioner attends
Council meetings once every seven weeks.
Membership on Other Boards and Commissions. As a PGZ Commission member,
each Commissioner will probably be appointed to at least one other board,
commission or committee for the City or the Johnson County Regional Planning
Commission.
Minutes. The minutes of the Planning and Zoning Commission shall describe
the full context of discussions held at formal meetings. They shall
contain the name and address of citizens appearing before the Commission
and pertinent comments on the issues discussed. Also, the minutes shall
contain comments and questions from Commissioners to the staff or citizens
and the numes of those commissioners voting for and against a motion, and
may contain -statements from the Comni<:iunrrs czl�laining the reasons
for their core.
Public Hearings. The PE- Commission will hold formal public hearings
with public notice published 15 days prior to the date of the hearing
for all amendments to the comprehensive plan and all substantial amend-
ments to the =oning ordinance.
Public Discussion. 7'fte PE- Commission will designate a time for public
discussion, with public notice published in the press no less than seven
days before the meeting designated for such discussion, for all :amendments
to the zoning ordinance and subdivision regulations, rezonings, subdivision
plats, and vacatings of public rights of wall which would not require a
formal public hearing.
Si ns. A policy of the PU Commission is that signs he posted on property
being considered for a land use change, livery effort will he made to
Post signs on the property nt least two weeks prior to the I;ite at which
the matter will he discussed by the Commission. 9'laese signs should
designate the type of land use change proposed and n telephone number to
call for additional information.
Format for Formal Meetings. Each formal meeting will begin with on
opportunity for public discussion of items not appearing on the agenda.
For cacti item on the agenda, there will be opportunity for informution
from the staff, public discussion and discussion by the Cnnmiissiun.
When all discussion is completed, the Chair will cull for a vote un
the item, includinp the prnpnsed mnond oent!, and ruaatiuµoorio,. (No
motion to approve is requir(d,(
0
The sequence of items on the agenda wi11 be followed unless special
circumstances call for deviation. If any member objects to a change
in the order of the agenda, the Chair must call a vote on the proposed
deviation.
'• r 4- ��///� / CIVIC CENTER. 410 E. WASHINGTON ST.
e ,G � �6/5F/T/�/5J// ~ K#1
IOWA CITY, IOWA U240
V 319.354.1800
�yO
•k.1,YY�1Wl�i
NOTICE
THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN
APPOINTMENT TO THE FOLLOWING COMMISSION:
PARKS AND RECREATION COMMISSION
One vacancy - Unexpired Term
May 3, 1977 - January 1, 1979
The duties of members of the Parks and Recreation Commission are to
recommend and review policies, rules, regulations, ordinances and
budgets relating to parks, playgrounds, recreational centers and
cultural functions of the City and make such reports to the City Council
as the Commission deems in the public interest. To exercise broad res-
ponsibility for the development of parks, recreation centers, playgrounds,
and cultural facilities to serve the City.
Iowa City appointed members of boards and commissions must be qualified
voters of the City of Iowa City.
The selection and appointment to this Commission will be made at the
May 3., 1977, Council meeting at 7:30 P.M., in the Council Chambers. The
actual vacancy will not occur until June 1, 1977. This will allow the
appointee to attend meetings of the Parks and Recreation Commission in
order to become familiar with the duties of the Commission before assuming
full responsibility. Persons interested in being considered for this posi-
tion should contact the City Clerk, Civic Center, 410 East Washington.
Application forms are available from the Clerk's office upon request.
%*Oki,, 1721 Kto630043
17/10
°j •
NOTICE OF PUBLIC I[EARING
•
\otice is hereby given that the City of Iowa City proposes to rezone
all or part of a 15 acre tract from CH zone to PC, R3A or R3 zones or
any combination thereof, of the following described property, to -wit:
The west ' of the MI 4 of Section 17, Township 79
North, Range 6 West of the 5th P.M.
as requested by the Iowa City City Council.
\otice is further given that pursuant to Section 414.4 of the 1975 Code
of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said
proposed rezoning will be held at the Council Chambers in the City Hall
of Iaea City, Iowa, at 7:30 P.M. on May 3rd, 1977, and any person having
objections to said proposed action may appear and file objections at said
hearing.
Dated at Iowa City, Iowa, this 15th day of April, 1977.
City Clerk
Publish 1 time, on April 15, 1977.
9/6
• 0
•� CI VIC CENTER RIDE. WASH
INGT
ON ST.
IOWACITY.5I20
UKAII?IGN KI
IJIOI 35,14 BOD
May 12, 1977
MAYOR
MARY NEUNAUSER
COUNCILMEMBERS
AIHM DALMER
CAROLNMCMSE
L P. FOSTER
DAVID PERRET
MA[SEL ER
ROBERT VE ERA
Mr. Myles Braverman
Vice President
Southgate Development
1902 Broadway
Iowa City, Iowa 52240
Dear Mr. Braverman:
The public hearing on the proposed rezoning of a part of a 15 -acre tract of
land near Mormon Trek Boulevard was held at the regular Council meeting of
May 3, 1977. Your letter protesting the proposed rezoning was made a part of
that hearing.
The Planning and Zoning Commission, at their regular meeting of April 27,
recommended by a 6 - 0 vote that the Council not rezone this tract of land.
Because Planning and Zoning did not recommend approval of rezoning this area,
an extraordinary vote of the Council was necessary to approve the rezoning. At
this time, the Council has no interest in rezoning this tract of land.
SjAal
ely yours
erl
City Manager
1s
cc: City Clerk
r!
CIIAPTER 9. 30
HOUSING MAINTENANCE AND OCCUPANCY CODE
page
9.30.1
General Provisions 1
9. 30.2
Definitions 2
9.30.3
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 Hearings 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
Responsibilities of Owners and 24
Occupants
9. 30.12
Single Family Owner Occupied 26
Dwellings
9. 30.13
Rooming Houses and Multiple Dwellings 27
9.30.14
Designation of Unfit Dwellings and 28
Legal Procedure of Condemnation
9.30.35
Retaliatory Conduct 29
4-14-77
17
• 0
9. 30.1 GENERAL PROVISIONS
9.30.1 General Provisions. The following general provisions
shall apply in the interpretation and enforcement of this ordinance.
A. Legislative Finding. 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 quality 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 space 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 administration 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, where applicable, and
shall apply uniformly to the alteration, repair, equipment, use,
occupancy and maintenance of all existing residential buildings
and structures within the jurisdiction of the City of Iowa City
irrespective of when or under what code or codes such buildings
or structures were originally constructed or rehabilitated.
D. Title. This ordinance shall be known and may be cited
as the Housing Maintenance and Occupancy Code of the City of Iowa
City, hereinafter referred to as "this ordinance".
M .1
0 0
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 sleep-
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. BASEMENT 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 HEATING SYSTEM shall mean a single system
supplying heat to one or more dwelling 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 building which is wholly or
partly used or intended to be used for living or sleeping by
human occupants.
H. DWELLING UNIT shall mean any room or group of rooms
located within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living, sleep-
ing, cooking, and eating.
I. EGRESS shall mean an arrangement of exit facilities to
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 harborage
places; by removing or making inaccessible materials that may serve
as their food; by poisoning, spraying, fumigating, trapping; or
by any other recognized and legal pest elimination methods approved
by the Rousina Inspector.
K. FAMILY shall mean one person or two or more persons related
by blooti, marriage, or adoption occupying a living unit as an indi-
vidual housekeeping organization. A family may also be two, but
not more than twc, pe•rsont not related by blood, marriaae, or adoption.
L. GARBAGE *11 mean the animal and vetable waste
resulting from the handling preparation, cooking, 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 containing
more than two dwelling units.
T. OCCUPANT shall mean any person, over one year of age,
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 control of any dwell-
ing or dwelling unit, as owner or agent of the owner, or
as executor, administrator, trustee, or guardian of the
estate of the owner. Any such person thus representing
-3- DRAFT 4-14-77
0
11
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. PERMIT shall 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
sha 11 expire at the end of one year following its 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,
quip-
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. REFUSE shall mean all putrescible and non-putrescib le
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 building or a croup of rooms
in a building used for institutional living and sleeping by four
or more persons. For the purpose of this Chapter, the term
"residence hall" shall include, but is not limited to, fraternity
houses and sorority houses.
DD. ROOMING UNIT shall mean a room or any group of rooms forming
a si-ngle habitable unit used or intended to be used for living and
sleeping but not for cooking and eating purposes.
EE. ROOMING HOUSE shall mean any dwelling, or that part of
any ?welling ror.te.ir.in; one or more rooming units, ir. wtich sptace
is let by the owner or operator to more than three persons except
those whose relationship to the owner or operator by blood,
marriage, or legal adoption was the basis for occupancy.
4-14-77
0 0
II. SINGLE FAMILY OWNER OCCUPIED DWELLING shall mean any
dwelling which contains one dwelling 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 zoning 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 for
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 "dwelling",
"dwellingunit" "rooming house" g ", "premises", are
, "rooming unit
used by this Chapter, they shall be construed as though they were
followed by the words, "or any part thereof".
- DRAH 4-34-77
0 0
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.
E. 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 his/her authorized rep-
resentative 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 may be used to effectuate the purposes and provisions
of this Chapter in any ensuing action brought by the City for a
violation of this Chapter.
4-14-77
e •
9.30.4 ORDER TO ALLOW INSPECTION
A. ORDER TO ALLOW INSPECTION. The Housinq Inspector is
hereby authorized to conduct consentual inspections of any dwell-
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. 3B.
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
following form:
ORDER TO ALLOW INSPECTION
Now on this day of 19 the
Court having considered the attached application, it is the
order of this Court that
be present and allow inspection by the Housinq Inspector of
the buildinq located at
-7_ DRAFT
4-74-77
0 9
In Iowa City, Iowa on the clay of 19
commencing at o'clock m., which date and t me is
not less than 52-Fo—urs 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.
-g au"RAff
4-7C-77
0 0
9.30.5 LICENSING OF RENTAL DWELLINGS
A. No ,person shall operate a rental dwelling or shall let
to another for occupancy any unit in any dwelling unless he holds
a valid Permit or Temporary Permit for said dwelling, issued by
the Housing 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 revoked, 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 Housing Inspector. The Housing 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 housing 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 necessary 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 Housing Inspector of any new Permit
or any Temporary Permit under the provisions of this Section, there
shall be paid by the owner or opertor of the rental dwelling, a fee,
the amount of which shall be set by Resolution of the City Council,
Iowa City, Iowa. The fee for a Temporary Permit shall be the same
as for a Permit and a separate fee shall be required for a regular
Permit issued after a Temporary Permit has expired or the unit has
come into compliance.
G. The Iioucing Inspector may perform an inspection to
determine whether the dwelling for which the Permit is sought
is in compliance with the applicable provisions of this ordinance
and with applicable rules and regulations pursuant thereto, he,forrr,
the iwuuance of - New Permit ui Tempvrbry Permit or the renewal
of a Temporary Permit on said dwelling.
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H. The (lousing 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.
Duplexes may be inspected at least once every three
years.
3. Multiple Dwellings and Rooming Houses 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.B 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
Housing Inspector finds that conditions or practices exist which
are in violation of any provisions of this Chapter, the Housing
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 safety elsewhere, the Housing Inspector may
limit the application of the reouirement 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 Housing Code or any other applicable law.
L. Any person whose Permit to operate a rental dwellino
has been revoked, or who has received notice from the Housing
Inspector that his Permit is to be revoked unless existing
conditions or practices at his rental dwelling are corrected, may
request, and shall be granted, a hearing on the matter before the
(lousing Appeals Hoard under the procedure prnviderl by !section
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9.30.6 of this Chapter provided that if no petition for such
hearing is filed within ten days following the day on which such
Permit was revoked, such notice shall be deemed to be a final order
of revocation.
M_ No structure containing one or more dwelling units shall
be 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
correct ion of any noted deficiencies, the Housing Inspector shall
issue a Permit for said structure and dwelling unit(s).
,1 {
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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.
4. 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 9.30.14.F., of this Chapter there is hereby
created a Housing 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-
ponement.
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U. After such hearing, the Housing 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 immediately 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 Supplies. 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
r
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
ain-
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 is 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 Housing
Inspector.
D_ Every toilet shall be of the trapped type, with facilities
for safe and clean flushing. No toilet shall Le of the so-called
"flush —hopper", "frost -proof hopper", or similar 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.
F_ Every dwelling or rooming unit shall have a facility for
the safe storage of drugs and household poisons.
G. No owner, operator, or occupant shall cause service, facility,
equipment, or utility, which is required under this Chapter, to be
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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 provisions 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 water
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 opera tion.
J. All plumbing shall 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 supply 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 supply 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 using 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 shal 1 be adequate to permit a proper flow of
water from all open outlets at all times.
P. Every gas pipe shall be sound and tightly put together and
shall be free of leaks, corrosion., or obstruction so as to redace gas
pressure or volume.
Q. Every gas appliance shall be connected to a gas line with
solid metal piping except that listed metal appliance connectors or
semi-rigid tubinq may be used if approved by the Housing 1 nepertor.
H. Cas pressure shall be, adequate to permit a per flow of
gas from all open gas valves at all times. In M
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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
automatic 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 lirnit 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 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 roaming 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.
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. A11 stairways between occupied floors and porch and
walkway steps shall have at least six foot six inches (6'6") of head
roam; a riser height of not rrnre 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 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 dwelling unit
unless all exterior doors, and all windows below the second floor of the
dwelling or dualling unit, are equipped with a safe functioning locking
device.
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"'
9.30.8 LIGHT, VENMATION AND HEAPING
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 (108)
of the floor area of such room or in conformity with energy conservation
measures as outlined in applicable laws and ordinances.
B. Every habitable roan 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
man shall be equal to at least forty-five percent (458) 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 rewired minimum total
window area. Whenever the only window in a room is a skylight type
window in the top of such man, 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)
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 orngpaz-tnent shall comply with
the light and ventilating requirements for habitable roams 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
o3TArtmsrts equipped with a ventilation system in working condition
and app ore? S.1 the }ictus! ng Inspector.
F. Every public hall and stairway in every multiple dwelling
containing five or more dwelling units shall be adeauately lighted
at all times. Every public hall and stairway in structures devoted
C1111k,�%f�-17- ; 4-14-77
.. , .
solely to dwell*cupancy and containing not me than four
dwelling units shall be supplied with conveniently located light
switches, controlling an adequate lighting system which may be
turned on when needed, instead of full -tine 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 times. Such heating facilities shall be so operated and equipped
that heat as herein specified is available to every dwelling unit
and rooming unit.
H. Every central heating unit, space heater, water heater,
and cooking applicanoe 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 furnished 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.
K. During that portion of the year when the Housing Inspector
deans it necessary for protection against mosquitoes, flies, and other
insects, every door used for ventilation, opening directly from a
dwelling unit or rumung unit to outdoor space, shall have supplied screens
of not less than sixteen (16) 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 deems
it necessary for protection against the elements and cold, every door,
opening directly from a dwelling unit or roaming unit to outdoor space,
shall have supplied storm doors with a self-closing device; and every window
or other device with openings to the outdoor space shall likewise be
sgrplied with storm windows, except where such other device for protection
against the el.mrnts and cold is provided such av insulatinq glass, and
a=uiated metal exterior doors.
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4-3 4-77
M. Every basema nt 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 1 a rger than one-fourth (h) inch mesh or such
device as will effect ively prevent their entrance.
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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 dwelling 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 f loor 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 finished 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..A
and 9.30. R.B.
3. Such required minimum window area is located entirely
above the grade of the ground adjoining such window area or a
window below grade in whole or in part shall have window wells
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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
ourfeet 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 (614") 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 tile, linoleum, or other similar materials
which are reasonably impervious to water shall be deemed to satisfy
the requirements of this provision.
F. All wall, ceiling and floor areas immediately adjacent to
water using fixtures in kitchens, bathrooms, and utility areas shall
be constructed and maintained s o as to be reasonably impervious to
water and so as to permit such areas to be easily kept in a clean and
sanitary condition.
G. All pipe passages, chutes and similar openings through walls
or floors shall be adequately enclosed or sealed to prevent the spread
of fire or passage of vermin.
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N. The electrical system of every dwelling shall not by reason
of overloading, dilapidation, lack of insulation or improper fusing
or for any other cease, expose the oecuppnts 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 ran 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 man, furnace morn, 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 •door coverings or extend through doorways,
transoms, or similar apertures in structural elemnts 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
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 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.
Furth, amy structure 'built as an acoessory structure shall not later he
made into a dwelling unit or units without conpletely fulfilling all standards
set down for the construction of buildings by all applicable nodes and the
Iowa City Housing Maintenance- and Occupancy Ordinanrn.
P. i19 cisterns or similmr water storage facilities s!na] ] t+•
fenced, safely covered or fi3'1ed in such a way as not to create a Hazard
to life or limb.
—23-,� ����,'+ 4-14-77
9.30.11 RERNSIBILITIES OF OWNERS ANDIRCC UPANTS
A. No owner shall occupy or let to any other occupant any
vacant dwelling unit or rooming unit unless it is clean, sanitary
and fit for human occupancy.
E. Every owner of a dwelling containing two 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 any 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 foregoing 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 dwelling units, extermination
thereof shall be the responsibility of the owner.
C. No stagnant water shall be allowed to accumulate or stand
anywhere about the premises and grounds.
If. Storage and disposal of garbage and rubbish shall comply
with the requirements of the ordinances of the Code of Iowa City
concerning same and the Housing Inspector may enforce the
requirements contained therein.
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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 un its 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.
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9.30.:12 SINGLE FAMILY OWNER -OCCUPIED OR RENTAL DWELLINGS,
AND DUPLEX DWELLINGS
A. The provisions of section 9.30.13 of this Chapter shall
not be required in single family or duplex dwellings.
B. In owner -occupied single family dwellings and owner occupied
duplexes, the following provisions of this Chapter shall not be
required for those portions of the structure which are occupied by
the owner:
1. 9.30.7.F (medicine cabinets)
2. 9.30.7.W (Secondary egress)
3. 9.30.7.X (handrails only)
4. 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.K (Screens)
8. 9.30.8.L (Storms)
9. 9.30.9 .E (Access to bath and unit)
10. 9.30.10.I (Wall Switch)
11. 9.30.10.J (Only one outlet required in each room)
C. Excepting sections 9.30.12.A and 9.30.12.B, all other
provisions of this ordinance shall apply to owners and/or
occupants of single family dwellings and duplexes.
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9.30.13 ROOMING NOOSES -MULTIPLE DWELLINGS
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 thereof, including members of the operator's family. In
any rooming house where rooms are let only to males, flush urinals
may be substituted for not more than one-half (�) the required
number of toilets. All such facilities shall be so located
within the dwelling as to be reasonably accessible from a common
hall or passage way to all persons sharing such facili-ties.
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
for 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 he shall futher 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 Housing Inspector
and which are suitable for the occupancy as set forth in the State
Fire Rules and Regulations shall be provided in every multiple
dwelling and rooming house. Extinguishers shall be properly hung
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.
F. 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
heating 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 Housing
Inspector.
G. No wooden multiple dwelling shall hereafter be erected
exceeding two stories in height and no wooden building 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 habitable living unit unless said
alteration complies fully with all the provisions of this ordinance.
H. In every rooming house cooking in rooming units is prohibited.
Cooking facilities in any rooming house shall comply with section
9.30.7.B of this Code. ... WT
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9.30. 14 DES41NATION OF UNFIT DWELLINGSIOD 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 dwelling
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
condemning and placarding of a dwelling or dwelling unit as unfit
For human habitation may request, and shall t e granted, a hearing on
the matter before the Housing Appeals Board under the procedure set
forth in Section 9.30.6 of this Chapter.
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9.30.15 RETALIATORY 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 t o the landlord of a potential
violation has filed, in goad faith, a caTlaint to a govermental
official charged with enforcarent 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 omplaint to the governmental official.
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