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HomeMy WebLinkAbout1977-10-18 Correspondence/ I7ePl•..artntitiv�.; of the ';orthsi in '+e i,•;hlrors rn^nanizat.i.on ar. r:;king the Citv Council of Iown City to comnnl the enforcement of S-c+.Bon 5.10.2RD of the Iowa city 'Boning Code (September 1977). The section is rntitled, noard of Adjustment (n.119) and rends: "An anpenl otaye nll nro—ading•: in furt:hernnce of the action a^neaa.ed from, unless the. nolding Iq-,),.ctor certifies to the Pnnrd th,t...atav could c,111 -e iwsincnt peril I;• life or property". On October 7, we filed an npocil to prevent further con.^,Lruction of a h unit c-,)artm-nt building on the corner of Church Street nd 1.11)ert Street. 'rc "e_lt that e hnd rnnson to bol.ievc that in conntru,tUng ::--,ch an apartment, several .^.e.ct.iona of the Zoning Code would have been violated. (-1.10.23, 8.10.25c, 5.7.0.32, 5.10.h0,1. et s -q, plus the-osoibility that the builder does not own al.l the proncrty.) The City did not rct to "stay all procrcdi.nosll in rc.rons- to our request, -o ire were fOT•Ce_d to request the court to compel the ^ity to enforce this ordinance. :1e wern not able to obtain a Icaring date unti.l November B. It was clear that if we united inti.]. that time, the building fr"+ndition would be in, and wn Inez,+ from tile_ past e;:Perinnce of the construction of illegal buildings on North Dche Street what our chance of succr.ss was �•nce the foundation was noured. The sirinle fact is that unless the city Council i- willing to insist that its staff enforce the Ordinance, the Zoning Ponrd •-i Adjustment will not he able to malre any judgement about the legitmmacy of !llegations. t• That means that now - cod in the. future - once the building inn••ectors give permission to build, there is no hone of preventing conntructi •+. A; citizens of Tow., City, we :ire arci.nr that 11e he perniltted Lo question L'r jutlj;ement of the building innpectors who, ns pasL exoeri.r:nce suggests, are not Infallible in their Jhii,crpretations of the Zoning Code. We are not reque^'i.ng :111 action unique to Iowa City. Chapter hlh.11 of the State Code uons vir!ually the name words as !own city's rode in reference to the actions that fol'i+o-r an amp^.al. 3379 0 0 North5i*de• r(r.i3hbors are• asking t}.a.t the Citj inve ntigate. iir allegations and right away. One o: the ordinanc^.s that is bein ignored y,., will find on the, 2nd page, and it has to do with the builder's obligations Ln provide screening of narking; snaee. That our. is nrestnted hecaune. it le:;s technical than the others. We think that"we nave questions that s;hculd h^ ansa,!red. They will not be snswtred unless the ordinance that requires a "stay of proc"di.ngs11in enforcd, c• 5 1017A CTT" Zi •Tlr1 tAtOi;, 'I�Ttcmb^r, 1977. Section n.10.211 D. Poard of Adju lzo-nt, t,.49. 0. An appeal stays all proceedings in furtherance of the ;lc Lionappe.,l1ed from, M unless the ildinq Inspector certifies to the Board after the notice of appeal shall have been filed with him, that by reason of 1';Ict,, ;taterj in the certifil,.te of ;Lay would, in his opinion, cause iuuninenC ueril to life or property. In such case, proceedings shall not be stayed oti,erwise than by a restraining order which m;jy be granted by the Coard, or by a court of record on ap,11ication and notice to the Building Inspector on due good cause shown. Chanter 1114: Municipal Zoning Section 4111.11 affect of Appeal. n.20119 II 1.11 1'.11',•ct of :yqu•:a. An appeal 51a)'s all prl,cr,•Ilin.• ; In forth,,;o ce of Ola action ap. pralrrl frt.l n, unless the officer from whom the appoal 1s ';.ken certifies to the hoard of adjust - Mont art, l the notice of appeal shall have heen filed ••vith him that by reason of facts stated in the o••:;i.^.rate a stay would in his opinion cause imminent peril to life or property. In such easr proceedings shall not he staved otlt• ertvise ti:.m by a rosraining order which may is grantrd by the hoard of adjusuncnt or by a mart of II void on applicalinn on notice to Ole oltlrer fl ,,:n whom t1w ;,ppoal is taken tuul on due eau:a• shown. IC21, 27. 31, :15. Yn,lr,Ic'; CIG, rt), : i, 5S, (ie, GG, 71, ^S, 75,$-019.711 T( WA C,TT•"r ZM11r,"I Rent;, Srntembnr, 1977. Section (3.10.32 km nrlment of Ordinance p.53 D. No building ,-ermit for the erection of any building or structure or license or permit fur tf(e conduct of any use shall be issued for a period of sixty (60) days alter the City Council of Iowa City has set It public hearing on the question of amending the Zoning Ordinance and map so is to rezone an area which Il:zoning would prohibit the nuilding or use contemplated by the requested pel,uit in the Bred cuntall•ned. Pruvided LWL it fill -ll action by the City Coufu.il is not taken on Ute question within sixty (60) days of the time the matter is set for public hearing, the permit or license shall issue. if within the. sixty (60) day period the City Council ,hall enact an ordinance auu_nding the Zoning Ordinance the provisions of said zone shall thereafter bu in effect. if within the sixty (60) day period the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. P.J `I PLAN FOR APA.MI-17,14 AND PARKING SPACE AT CORNEA. OF CHURCH STR 7FT 2c GILAFRT STRFFT IN VIOLATIOTI OF OT2nD•IAIs'7 CIT, D RELOT•I 1,wr>p; 0 0 C111Pa . 1 .,TPI,—;,p 15 IPTIT M A1T'iriFHT ALT,EY RMTJLATIOIIS FOR T115 (0) srqusro,l Tree Plant u,g for Parking Lots. Trees : Jet planting along at rret ac Iss: e,l to the I_•.a:i(;_ij ee PLANTING A'TD FRFS7rl VAk Plant u,f_Plan, shall he planted in appropriate Line sen Ped TIOTI OF RIES W..Tri IN wlrs and island: wsthtn parling lots by the o.nrr o: IOWA CITY, TOWA. Property with nny drvelopm•tot or redevelopment of structure::, drives or parlin;, areas subject to the folloaynj require_en:s Approved by City (1) Parking areas shall be separated from street rights-of-way, drives, buildings or as needed COUpCll Of Iowa City for safe traffic movement, by landscaped aisles or islands a minimum of throe (11 meters Nov..mb^r 2, 1976 (7.5: Effective November 16, feet) in width. (See illustration.) 1976 IOWA CITY 7,1`)�•111r1 CGnr; SeeLion11.of off Screening of off- street p=rY,ing nre.a is also relevant a PRIVATE pa IVE V J 7 6 P^'1,5E ALLEY C I L 13 E R T a F, 'r. 1' • • rl n,, l u, It is with deep regret I stand before you on a matter such as this. I would much rather support elderly housing projects or human service programs in general. However, the problem so delicately alluded to by Ms. Weir has another side - mine - to elucidate so that you may understand the effort, time and money I have already spent so far in trying to comply with our ordinance requirements. I also want you to know that even though Ms. Weir has made no attempt to contact me, ever, I called her very shortly after learning from the Public Health Department just recently who was complaining, asked for time to try to explain what my problems were and continue to be in this situation. tie did, in fact, meet several weeks ago. However, apparently my attempt to convince her that I was doing all I could failed. The history of the Hite, etal, sewer hook-up is as follows: Three or four years ago City personnel indicated some concern to me about what I might be contributing to the small run-off creek winding through the gulley which surrounds my house. I immediately contacted a teptic tank company. I don't reoenber which one at this time. A gentleman came to my property, located the site of my septic tank as well as auxiliary tiling emanating from the laundry roan. He indicated to me that indeed laundry water was directly routed to this creek, but constituted no health hazard. The septic tank, he said, appeared in order. This information satisfied me as well as those who made inquiry at the City. Since I was not happy with the thought of a septic tank in my backyard, I requested information at that time regarding connection to City sewer for my house, and was informed that this was nigh unto impossible - requiring a lift station with a cost RM • 0 of about $10,000 plus pipes and trenching expenses. Needless to say, my budget does not allow that kind of expenditure, so I dropped the idea and was ready to install a new septic tank when this might be indicated by failure of the present one. Three or four years passed by, and not until last fall (1976) was I made rather painfully and embarrassingly aware of a problem existing with my present septic tank system - not by being contacted by Mj. Weir long ago, which might have brought much more amicable results much sooner - but by the Public Health Deparhnent, who represented the mnplaintant as anonymous. I immediately sought information pursuant to hook-up to City sewer - again - since a septic tank system would not be tolerated by Johnson County as long as City connection was possible. As I said, up to that time inquiries to City personnel proved hook-up essentially impossible; however, communication between both agencies prompted new surveying which indicated sewer hook-up, though fraught with problems, essentially possible. I engaged Jack Morgan of Oxford to install the facility - last fall. Since I can two lots and a neighbor - Dr. Jacques - owns an extra lot, I requested that all three lots would be provided sewer facility. This was Jack's intention, who indicated he had discussed this with the City staff. However, freezing occurred early in the fall of 1976, before the task could be attempted. I contacted Jack early in the Spring of 1977 and was put off a number of times due to items scheduled before mine and several emergencies he had to take care of. I can prove the number of calls I put in long distance and the fact that the Public Health Department remained in continuing positive communication with Jack. He was finally ready to dig in August of 1977 - made the last check with the City, and came away from that encounter totally stumped. He was informed that City code prevented his previously, but verbally, approved plan of action - i.e., gravity flow 4" line to 6" main with Y's to serve the other two as yet undeveloped lots. His equipment was not large enough to handle the required 8" main. No one had yet educated me about the 2" force main so that I could not ask him to go ahead with that. Further, at this point it was made clear to me that it would be impossible to connect a gravity flow system. This made superfluous the move of my kitchen from the ground floor to second floor, since all plumbing from all levels must go through a pump in any case. My expense in time and effort was considerable, and worse financially, as you can imagine, and should add to your conviction that I am doing all I can to facilitate compliance with a directive to alleviate the present difficulty. My kitchen downstairs is now defunct, the neva one upstairs takes up former bedroom space. This prompts need for finishing part of the basement for an additional sleeping roan for one of my children. My financial resources are being exhausted. My house cannot be sold . I cannot live at peace with myself nor with my neighbor nor with my employer under these circumstances. We have all been trying hard, but I still need help in order to surmount the rigidity of a code not applicable in any way to my situation. To continue, immediately after Jack told me he was totally stumped I contacted Bill Grell, who had been reoo muended by several sources. He came to my house, observed the problematic terrain and made his recommendation, the only solution possible, a private lift station with a 2" or 3" force main of heavy duty plastic all the way (3101) to the manhole on Park Road. Hopefully future codes will permit additional hook-up for service to the other lots as is permitted in other cities. More importantly, hopefully this Council will allow the use of plastic in this case, as other people have already installed in Iowa City. Mr. Grell, who is here tonight, will address the Council in regard to options provided by staff to me in a letter dated october 12, 1977. All three options are considered infeasible in their present language by professionals in the field, Mr. Grell being one of these. But before I relinquish the floor I want to be on record as having been ready to comply with any reasonable plan of action immediately upon being made aware of this problem, that I have done all I personally could, that I have a standing camitment from my bank to refinance my house to pay for the work and that I would very much like to get this distressing situation resolved now. CITY OF IOWA CITY FINANCIAL SUMMARY AUGUST 1977 FUND/ BEGINNING ENDING FUND INVESTMENT + CHECKING ACCOUNT FUND BALANCE RECEIPTS DISBURSEMENTS BALANCE BALANCE ACCOUNT BAL. GENERAL $ 421,168.31 $ 224,860.38 $ 566,783.10 $ 79,245.59 $ 472,145.69 $ (392,900.10) DEBT SERVICE 10,203.64 23,550.50 --- 33,754.14 --- 33,754.14 CAPITAL PROJECTS (83,748.68) 3,160,686.19 340,654.82 2,736,282.69 2,895,220.17 (158,937.48) ENTERPRISE 2,440,434.14 403,990.03 179,904.49 2,664,519.68 2,356,677.66 307,842.0 TRUST 8 AGENCY 1,199,306.55 2,840.39 100,142,77 1,102,004.17 878,335.89 223,668.20 INTRAGOV. SERVICE (374,583.35) 528,743.16 538,696.25 (384,536.44) --- (384,536.44) SPECIAL ASSESSMENT 314,050.32 9,007.60 --- 323,057.92 231,915.00 91,142.92 SPECIAL REVENUE 521,490.49 1,072,411.38 1,026,424.80 567,477.07 368,301.12 199,175.95 TOTAL - FUNDS $4,448,321.42 $5,426,089.63 $2,752,606.23 $7,121,804.82 $ 7,202,595.53 $ (80,790.71) PROJ. TEMP. LOAN R-14 16,622.60 964,650.00 981,272.60 --- ------ URBAN RENEWAL R-14 116,875.78 52,389.90 55,647.91 113,617.77 110,266.27 3,351.50 PAYROLL (83.89) 459,080.58 458,996.54 .15 --- .15 FIREMEN PENSION 12,729.54 140.00 975.61 11,893.93 6,908.83 4,985.10 FIREMEN RETIREMENT 1,286,279.65 65,336.46 12,162.90 1,339,453.21 1,288,981.28 50,471.93 POLICEMEN PENSION 24,620.14 160.00 453.94 24,326.20 7,870.70 16,455.50 POLICEMEN RETIREMENT 1,206,660.50 44,305.12 7,442.94 1,243,522.68 1,209,010.78 34,511.90 R-14 ESCROW 243.44 --- --- 243.44 --- 243.44 LEASED HOUSING I 65,465.22 8,717.00 9,134:53 65,047.69 61,647.90 3,399.4 LEASED HOUSING II 66,877.86 31,185.00 34,225.48 63,837.38 35,653.77 28,183. LEASED HOUSING III TOTAL - ACCOUNTS $2,796,290.84 $1,625,964.06 $1,560,312.45 $2,861,942.45 $ 2,720,339.53 $ 141,602.92 GRAND TOTAL $7,244,612.26 $7,052,053.69 $4,312,918.68 $9,983,747.27 $ 9,922,935.06 $ 60,812.21 Taxes Licenses & Permits Fines & Forfeitures Charges for Services Intergovernmental Revenue Use of Money & Property Miscellaneous Receipts Leased Housing Urban Renewal HCDA 26,361.30 20,735.46 337,105.81 2,361,424.22 52,579.48 3,096,950.34 $5,895,156.61 $1,050,941.90 $6,946,098.51 D�RSEMENTS FOR APPROVAL • AUGUST 1-31, 1977 GENERAL FUND Ia-Ill Gas & Electric - Charges 1,391.36 Northwestern Bell - Charges 3,950.98 D & J Indust. Laundry - Services 784.98 Iowa City Petty Cash - Supplies 136.41 K -Mart - Supplies 130.52 Kent -Moore - Tools 896.30 Kiechk's - Equipment 23.08 Metropolitan Supply Co. - Supplies 57.28 Olympitan Sports Products - Clothing 129.60 Pitney Bowes - Supplies 20.84 Clerk of District Court - Court Costs 212.67 Cline Truck & Equipment Co. - Repair 64.35 Union Bus Depot - Freight 23.70 Henry Louis Inc. - Supplies 122.56 Nat'l. Technical Info. Service - Book 8.00 The River Products Co. - Surf. Materials 4,951.49 Ward LaFrance Truck Corp. - Supplies 36.96 Lind Art Supplies - Supplies 38.70 Hamnatt & Sons - Supplies 21.38 Everson Ross - Supplies 24.70 Economy Advertising Co. - Printing 230.25 Erb's Office Serv. - Equipment 215.20 Dan R. Fesler - Supplies 55.00 Elbert & Assoc. - Services 2,117.07 Promotional Enterprises - Publications 278.00 Linder Tire Service - Repair 842.46 Fleetway - Supplies 157.19 Shay Electric Inc. - Repairs 303.72 Washington Park Inc. - Rental 1,150.00 Hartwig Motors - Rental 835.00 John R. Suchomel - Services 200.00 Int'l. Municipal Signal Assoc. - Regist. 60.00 U. S. Post Office - Postage 880.00 David Perret - Travel 217.75 Elbert & Associates - Services 4,319.52 Ken's Distributing Co. - Supplies 615.21 Winebrenner-Dreusicke Inc. - Supplies 924.66 The Goodfellow Co. - Printing 606.70 Hayek, Hayek, & Hayek - Services 2,185.25 Overton Chemical Sales - Chemicals 1,975.70 I.B.M. - Rental 411.96 Richard Plastino - Meals 15.00 Dictaphone - Repairs 257.90 Illinois -Iowa Claim Service - Judgement 159.26 Hartwig Motors Inc. - Repair Supplies 60.15 Aero Rental - Rental 26.50 Power's Equipment Inc. - Repair supplies 109.33 Steve Dolan - Firemen's food allowance 17.00 University of Iowa - Registration 20.00 Jim's Auto Service - Services 140.00 National Micrographics Assoc. - Membershipa 34.50 Johnson County Treasurer - Report 8.00 Tim Mossman - Services 20.00 Gary Knapp - Refund 30.00 Debra Sue Howard - Judgement 76.63 Mark Van Peursem - Safety supplies 14.93 Wallace Carl • - Travel 83 *.75 Clockwork - Printing Walter Randall - Refund 5.00 Richard and Susan Satter - Refund 5.00 National Training & Development Serv. - Book 5.75 U.S. Post Office - Postage 250.00 Jude Wilson - Judgement 154.29 Erik Davidsen - Judgement 30.53 Monarch Business Equipment - Supplies 4.95 Mrs. Evan E. Smith - Refund 10.00 Deborah Horne - Refund 10.00 Margaret Perez - Refund 10.00 Shirley L. Follmer - Refund 10.00 Mrs. E. Ruppenkamp - Refund 10.00 Mary Nelson - Refund 5.00 Dennis Waterman - Refund 5.00 Kathi Brinker - Refund 5.00 U.S. Postal Service - Postage 95.00 Kirkwood Kwik Kleen - Services 177.43 Streeter Amet - Repair supplies 153.95 Sargents Wholesale Feed - Supplies 115.80 Soiltest Inc. - Tools 5.82 Harold L. White & Associates - Equipment 761.00 Wallace & Tierman - Supplies 2.23 Royal Marker Co. - Equipment 147.57 Petroleum Equipment Services - Repairs 68.24 Phillips Fibers Corp. - Supplies 249.63 Flaghouse Inc. - Supplies 233.74 Economy Advertising Co. - Supplies 23.60 Intl. City Managers Assoc. - Registration 109.50 National League of Cities - Registration 250.00 Iowa City Management Assoc. - Dues 7.00 American Humane Association - Subscription 3.75 Pyramid Service Inc. - Repair supplies 258.83 Minnesota Mining & Manufacturing - Supplies 2,915.55 Leon Lyvers Tree Surgery - Services 240.00 Consumers Cooperative Society - Fuel 5,901.00 Iowa City Ready Mix - Surfacing Materials 4,926.34 Krall Oil Co. - Fuel 980.55 Lawrence Brothers Automotive - Supplies 50.86 Saylor Locksmithing - Services 24.70 Montgomery Ward - Equipment 249.00 T G & Y Store - Supplies 13.77 Tri -City Blue Print - Supplies 53.83 Johnson County Sheriff - Services 4.50 Diane Myers - Safety supplies 13.21 Lorraine Dietz - Refund 10.00 LMRS Newsletter - Subscription 60.00 Dept. of Public Safety - Services 100.00 Mrs. Pauline Paul - Refund 73.00 Blue Cross Blue Shield - Health Insurance 15,892.72 Lenoch & Cilek - Supplies 221.00 Hertz Farm Mgmt. Trust Account - Services 5,000.00 Charlotte Larson - Refund 5.00 Republic Refrigerator Wholesalers - Supplies 125.00 Hilltop DX - Services 73.00 Urban Potential - Registration 250.00 Association of Trial Lawyers - Dues 30.00 Nancy Calvin - Refund 30.00 Quill Corporation - Supplies 13.52 Radio Shack Mepair supplies 0.36 Animal Clini Services 1.00 Hotel del Coronado - Travel -Siders 30.00 Intl. Conference of Bldg. Officials -Register 110.00 Natl. Community Devlp. Assoc. - Registration 70.00 Electrical Construction & Maint. - Registration80.00 B & K Ribbon Co. - Supplies 34.96 L.L. Pelling Co. - Surfacing materials 816.80 University Camera & Sound Ctr. - Repairs 96.25 Johnson Co. Agricultural Assoc. - Charges 205.70 National Academy of Sciences - Book 2.00 Alan Hathaway - Refund 5.00 Chris Kacena - Judgement 92.35 Dept. of Highway Safety - Services 3.50 Motor Vehicle Department - Services 1.25 Hamer Alignment - Supplies 24.00 Kimsey Fire & Safety Co. - Safety Equipment 245.70 Crescent Electric Co. - Repair supplies 666.37 Barron Motor Supply - Repair supplies 103.22 Stevens Sand & Gravel - Surfacing materials 122.23 Sieg Co. - Repair supplies 179.11 Breese's Auto Parts - Repair supplies 398.33 Hach Brothers Co. - Supplies 728.85 Pitney Bowes - Rental 24.75 Division of Motor Vehicle - Registration 3.50 Treasurer State of Iowa - Sales tax 352.75 Nagle Lumber Co. - Supplies 5,953.27 Budget Car Wash - Services 11.00 T.T. Bozek, M.D. - Services 195.00 Willits Realty - Services 500.00 Municipal Supply Inc. - Supplies 368.50 Little Wheels, Ltd. - Repairs 302.25 Means Service Center - Services 427.20 Plumbers Supply - Supplies 539.91 Iowa Illinois Gas & Electric - Charges 12,196.17 B & I Furniture Co. - Equipment 49.00 Johnson Machine Shop - Vehicle repairs 278.55 Secretary fo State - Notary applications 37.50 Answer Iowa Inc. - Services 40.85 Harry's Custom Trophies - Supplies 240.50 Urban Potential - Registration 250.00 Dwayne's Radiator Shop - Vehicle repairs 345.10 Road & Track - Serials 4.00 Iowa City Press Citizen - Serials 45.00 New York Library Assoc. - Books 2.00 Nelson Industries - Tape 7.00 National Underwriter Co. - Books 20.63 National Record Plan - Records 52.37 Mott's Drug Store - Serials 10.90 Midwest Library Service - Books 10.86 McGraw Hill Book Co. - Books 8.84 Little Richard - Disc. 6.99 The Lion's History Book - Books 8.00 Pat O'Connor - Supplies 3.00 General Services Administration • Slides 15.72 The Feminist Press - Pamphlet 1.95 Ebsco Subscriptions - Serials 9.94 C.W. Associates - Serials 148.35 Baker & Taylor Co. - Books 109.98 Bacon Pamphlet Service - Pamphlets 55.83 Adult Continuing Education - Books 8.00 American Liy Association - Supplies 6.06 University o Iowa - Work study wages 23.81 Suzanne Richarson - Mileage 12.00 Medical Associates - Services 27.00 Iowa Parcel Service Inc. - Freight 28.89 Iowa Illinois Gas & Electric - Charges 576.95 General Pest Control - Bldg. Maint. 18.00 Sitler's Supplies Inc. - Supplies 39.33 Robert Howard Co. - Supplies 20.09 Quill Corporation - Supplies 199.79 Highsmith Co., Inc. - Supplies 5.79 Frohwein Supply Inc. - Supplies 45.00 Econo-Ray - Supplies 261.21 Churchill Chemical Co. - Supplies 46.69 Demco Educational Corp. - Supplies 9.48 Baker & Taylor Co. - Serials 54.28 Henry Louis Inc. - Repairs 47.78 Hootman Robo - Services 5.25 Johnson County Recorder - Services 11.50 The River Products Co. - Surfacing materials1,219.95 Associated Equipment Distributors - Book 15.00 Brenda Snyder - Refund 5.00 Beatrice Freeman - Refund 5.00 Contractors Tool & Supply - Repair Supplies 564.29 Mary Neuhauser - Travel 22.72 Gilpin Paint & Glass - Supplies 63.00 Best Rental Center - Rental 125.50 Rapids Reproduction - Supplies 522.29 PPG Industries Inc. - Supplies 283.26 West Publishing Co. - Books 35.00 Hach Brothers - Supplies 702.84 PPG Industries Inc. - Supplies 66.13 Robert Cilek - Supplies 53.75 Geoffry Lasko - Services 25.00 That Deli - Refund 150.00 Law Brief Co. - Services 32.45 Union Bus Depot - Freight 30.85 Iowa City Petty Cash - Supplies 147.24 Ward LaFrance Truck Corp. - Repair Supplies 43.54 Warren Radio Co. - Repair Supplies 127.00 Kelly Heating Supplies - Repairs 20.00 State of Iowa - Notary Application 7.50 Frohwein Supply Co. - Supplies 26.91 Iowa Glass Depot Inc. - Repairs 140.33 Central Pool Supply Inc. - Supplies 56.75 Certified Laboratories - Supplies 781.35 K -Mart - Supplies 29.40 Lind Art Supplies - Supplies 75.46 Iowa City Press -Citizen - Publications 452.97 Harry's Custom Trophies - Supplies 283.40 Halogen Supply Co. - Supplies 45.64 Fargo International - Supplies 122.47 Economy Advertising - Services 139.20 Entenmann - Robin Co. - Supplies 256.35 Duo Fast Iowa Co. Inc. - Supplies 113.90 Ahern -Pershing - Equipment 368.03 American Red Ball - Moving Expense 3,768.58 Iowa Dept. of Transportation - Book 36.00 Woodburn Sound Service - Equip. Repairs 24.32 Republic Electric Co. - Repair Supplies 124.49 University of Iowa - Services 3.20 Traffic Sig* Equipment - Repair Supplies 00.00 Mrs. Rashide Alam - Refund 5.00 Tom Hamon - Refund 9.00 Marj Strait - Refund 2.00 Martha Lubaroff - Refund 5.00 Lynn Lusman - Refund 5.00 Colina Shannon - Refund 5.00 Graham Equipment Corp. - Rental 4,111.11 Larew Co. - Bldg. Maintenance 218.20 Elbert & Assoc. - Rental 722.88 Urban Potential Workshop - Registration 10.90 Howard Johnson's - Rental 95.95 Johnson Co. Reg. Planning - Aid to Agency 31,033.50 Old Capitol Motors - Vehicle Repairs 102.50 General Pest Control - Maintenance 150.00 Secretary of State - Notary Application 7.50 Leon Lyvers Tree Surgery - Services 100.00 Int'l. City Management Assoc. - Registration 90.00 University of Iowa - Registration 20.00 The H. W. Wilson Co. - Serials 450.00 United State Government - Serials 200.00 The Unabashed Librarian - Books 4.50 Sunset Magazine - Serials 1.25 Standard & Poor's Corp. - Serials 44.00 Recorded Auditory Materials - Disc 5.05 Physicians Desk Reference - Serials 10.75 Iowa City Petty Cash - Supplies 22.52 Parrott Graphics Inc. - Serials 15.95 Old House Journal - Books 3.50 National Record Plan - Disc 40.40 National Library Service Inc. - Books 7.87 Mott's Drug Store - Serials 16.20 Virginia Moore - Serials 2.00 M.O.E. Inc. - Books 3.75 MacRae's - Books 59.50 K-Mart - Supplies 13.91 Midwest Library Service - Books 20.10 Library Processors Inc. - Books 2,048.11 John Fraser Assoc. - Slides 27.50 Iowa City Women's Press - Books 2.75 Hearst Magazines - Serials 1.75 High Fidelity - Serials 1.25 Grolier Educational Corp. - Books 49.50 Gale Research Co. - Serials 103.25 Edmund Publications Corp. - Serials 15.00 Ebsco Subscription Service - Serials 141.61 Doubleday & Co, Inc. - Books 17.69 Comic Logue - Serials 15.28 C. W. Associates - Serials 74.45 Mary Burton - Serials 5.98 Bound to Stay Bound Books - Services 73.72 The Baker & Taylor Co. - Serials 13.82 The Baker & Taylor Co. - Books 185.39 American Alliance for Health - Serials 2.10 Woodburn Sound Service - Repairs 33.25 Vorheis Refrig. Sales & Service - Repairs 72.90 University of Iowa - Work Study Wages 78.22 U.S. Leasing Corp. - Rental 30.06 Pitney Bowes - Rental 37.50 Northwestern Bell - Charges 341.29 0 0 Moore Business Forms - Services 1,339.98 Lolly Eggers - Travel 172.17 D & J Industrial Laundry - Services 14.60 William Conroy - Refund 13.00 Chenoweth Kern Elevator Serv. - Maintenance 30.00 R. M. Boggs Co. - Repairs 58.00 Blackman Decorators - Repairs 36.00 American Econo-Clad Service - Services 59.55 World Radio - Supplies 12.25 Quill Corp. - Supplies 58.99 PPG Industries - Supplies 10.64 Lenoch & Cilek - Supplies 17.27 The Highsmith Co. - Supplies 31.73 Hach Brothers Co. - Supplies 50.85 Demco Educational Corp - Supplies 7.75 John Nash Grocer - Supplies 123.00 Sears Roebuck & Co. - Supplies 12.40 AAA World Travel - Travel:Neuhauser 246.00 Hawkeye Wholesale Grocery - Supplies 60.98 Bob & Henry 66 - Supplies 5.00 Urban Potential - Registration 375.00 Aero Rental Inc. - Rental 7.50 Dictaphone Corp. - Equipment Repairs 35.26 Whitehouse Super Market - Food 65.07 Team Electronics - Equipment 164.93 James Brinker - Judgment 19.49 Pleasant Valley Orchard - Supplies 162.50 University of Iowa - Registration 35.00 Freeman Locksmith - Repairs 14.00 Diver's Pro Shop - Supplies 44.00 J. P. Gasway Co. - Supplies 155.37 Fleetway - Supplies 46.58 Strub Rocca Wldg. & Repair - Repair Supplies 26.69 Litton Educ. Publishing - Book 45.50 J & L Time Co. - Equip. Repair 42.50 Jo. Co. Clerk of Court - Court Cost 39.00 United Action for Youth - Aid to Agency 2,150.00 Mrs. Irene Wageman - Food 30.00 Communications Engineering Co. - Equipment 1,111.11 Hartwig Motors Inc. - Vehicle Repair 207.52 All Makes Office Equipment - Equipment 605.12 Wallace -Homestead Co. - Services 263.35 R. M. Boggs Co. - Repairs 316.83 Capitol Implement - Repair Supplies 29.78 Iowa City Glass & Mirror - Repairs 101.75 Shive-Hattery & Assoc. - Services 180.00 Shay Electric Inc. - Repairs 59.95 Hy -Vee Food Store N1 - Supplies 37.77 Hawkeye Lumber - Supplies 569.28 Dept. of Highway Safety - Services 2.00 State Motor Vehicle Administration - Serv. 5.00 Texas Highway Dept. - Services 1.25 United States Post Office - Postage 5,000.00 University of Iowa - Service 7.90 Movite - Membership 8.00 Int'l. Business Machines - Rental 191.00 Division of Motor Vehicles - Services .50 Commission of Motor Vehicles - Services .75 Iowa Lumber Co. - Supplies 251.86 W • Ken's Dist. Co. - Supplies 206.00 John's Grocery - Supplies 23.29 League of Iowa Municipalities - Registration 80.00 Wagner Pontiac Jeep - Vehicle Repair 83.75 Leslie D. Nicola - Firemen's Food Allowance 375.00 Kenneth Irving - Firemen's Food Allowance 400.00 Arthur C. Kloos - Firemen's Food Allowance 400.00 D & J Industrial Laundry - Services 664.80 State of Iowa Treasurer - Fuel Tax 445.20 Northwestern Bell - Services 4,22-5.69 175 425.70 CAPITOL PROJECTS Neenah Foundry Co. - Supplies 844.60 L. L. Pelling Co. - Improvements 111,980.56 City of Coralville - Travel Expenses 602.45 Iowa City Press -Citizen - Publications 10.18 Associated Construction - Improvements 1,045.50 Metro Pavers Inc. - Improvements 188,892.33 Roland M. Smith Inc. - Services 50.00 Veenstra & Kimm - Services 35.885.20 Hawkeye Engineering - Services 1,344.00 $340,654.82 ENTERPRISE FUND Ia-Ill Gas & Electric - Charges 803.42 Northwestern Bell - Charges 518.88 D & J Industrial Laundry - Services 703.81 Iowa City Petty Cash - Supplies 40.33 Brandt Heating & Air Conditioning -Bldg. Rep. 25.75 Jim Knowles - Refund 5.09 The River Products Co. - Surfacing Mat. 1,146.96 Rischer & Porter Co. - Chemicals 274.86 City Properties - Refund 17.93 Kathleen Baker - Refund 11.76 Mod Pod Realty - Refund 2.81 Elbert & Assoc. - Services 381.04 Linder Tire Service - Repairs 265.59 Fleetway - Tools 13.65 Shay Electric Inc. - Repairs 23.79 Elbert & Assoc. - Services 25.00 Ken's Dist. Co. - Supplies 640.26 Johnson County Treasurer - Taxes 2,194.83 Economy Advert. Co. - Services 68.40 DeZurik - Repair Supplies 476.31 Lee Ann Thormann - Refund 5.08 Roger Finke - Refund 10.00 John Dillavou - Refund 15.24 Leigh Vaughn - Refund 18.04 Stephen Berge - Refund 7.32 Hal Farrier - Refund 5.36 Robert Plumb - Refund 12.70 Paul Larson - Refund 1.79 IBM - Repairs 235.50 Power Equipment Inc. - Repairs 366.80 Clow Corp. - Supplies 772.20 University of Iowa - Services 25.44 Pro Specialties Inc. - Supplies 45.23 Water & Sewage Works - Subscription 20.00 • 0 Steve Maher - Safety Supplies 15.00 John Garner - Safety Supplies 15.00 Roland Schump - Safety Supplies 15.00 Charles Zinkula - Safety Supplies 15.00 Consumers Co-op Society - Fuel 1,303.18 Iowa City Ready Mix - Surfacing Mat. 252.40 Krall Oil Co. - Fuel 188.10 Jo. Co. Feed & Hatchery - Repair Supplies 500.00 Zimmer & Francescon - Repair Supplies 461.96 Blue Cross/Blue Shield - Health Insurance 3,407.60 Lenoch & Cilek - Supplies 10.64 Fairbanks Weighing Div. - Supplies 2.75 Hilltop DX - Services 2.25 Alter & Sons Inc. - Supplies 243.89 Radio Shack - Supplies 11.96 L. L. Pelling Co. - Surfacing Materials 1,874.40 Seydel Auto & Truck Serv. - Repairs 9.15 Crescent Electric Co. - Supplies 12.08 Barron Motor - Repair Supplies 81.87 Tom Alberhasky - Repairs 7,199.59 Stevens Sand & Gravel - Surfacing Mat. 137.16 Sieg Co. - Repair Supplies 15.82 Breese's Auto Parts - Repair Supplies 5.39 Hach Brothers Co. - Supplies 139.20 Truck Transport Inc. - Rental 512.28 Treasurer of Iowa - Sales Tax 3,494.85 Nagle Lumber - Supplies 286.85 Means Service Center - Services 22.72 Municipal Supply Inc. - Repair Supplies 359.45 Ia-Ill Gas & Electric - Charges 10,296.88 Plumbers Supply - Supplies 39.18 Johnson Machine Shop - Repair Supplies 71.03 Answer Iowa Inc. - Services 31.70 Blakely Crop Hail INc. - Insurance 141.36 Iowa City Flying Service - Maintenance 120.00 Ia-I11 Gas & Electric - Services 196.20 Northwestern Bell - Services 7.20 Eldon Stutzman - Supplies 618.90 Breese Plbg. & Htg. - Repairs 25.24 River Products Co. - Surfacing Materials 54.81 Crescent Electric - Repair Supplies 1,220.88 The Stillwell Paint Store - Paint Supp. 15.85 Doane Agric. Service - Services 36.00 Iowa City Ready Mix - Surfacing Materials 910.16 Hootman Robo - Services 3.75 Utility Equipment - Equipment 418.16 River Products - Surfacing Mat. 471.25 Arthur Hining - Registration 50.00 Contractors Tool & Supply Co. - Supplies 44.43 Rapids Reproduction - Supplies 1.1.60 PPG Industries Inc. - Supplies 51.15 Pamela Nieboer - Refund 7.27 Brent Mutsch - Refund 7.82 Lois Feuss - Refund 10.53 Larry Chorne - Refund 12.46 Frank Vogel - Refund 7.70 D. C. Kerr - Refund 2.97 Tim Lochmaier - Refund .85 Mrs. Ruby Harper - Refund 12.50 Hupp Electric Motors - Repair Supplies 1,598.02 Christine Balk - Refund 14.23 Iowa City Petty Cash - Supplies 8.81 Kelly Heating Supplies - Supplies 6.72 The Bond Buyer - Publications 93.24 Frohwein Supply Co. - Supplies 23.58 Bearing Supply Co. - Repair Supplies 86.40 B & C Refrigeration & Appliance 26.03 Allied Chemical - Supplies 2,811.12 Whiting Electric Co. - Maintenance 51.50 Fleetway - Supplies 7.81 Fischer Scientific Co. - Supplies 376.15 Strub Rocca Wldg & Rep. - Repair Supplies 30.00 Clow Corp. - Freight 70.90 Altorfer Machinery Co. - Veh. Maintenance 35.00 Lindwood Stone Products - Supplies 1,606.49 Eric Schiffin - Refund 1.54 Capitol Implement - Veh. Repairs 15.41 McKesson Chemical - Supplies 487.50 Hawkeye Lumber - Supplies 18.72 City of Coralville - Services 37.68 Ken's Distributing Co. - Supplies 36.31 Iowa Lumber Co. - Supplies 135.20 John's Grocery - Supplies 6.00 State of Iowa Treasurer - Fuel Tax 3,771.08 D & J Laundry - Services 616.59 Sewer Bond & Interest Revenue - Rev. Trans.12,000.00 Water Bond & Interest Reserve - Rev. Trans.30,000.00 IPERS - IPERS 2,998.02 IPERS - FICA 3,498.88 Northwestern Bell - Charges 503.89 Means Agency - Acquisition 1 000.00 110 905.03 TRUST & AGENCY Iowa City Petty Cash - Supplies 12.00 Fire Retirement System - Retirement 12,000.00 T G & Y Store - Supplies 10.09 Hach Brothers Co. - Supplies 17.40 Adventureland Amusement Park - Food 35.00 ABC Coffee Service - Supplies 198.68 Bernie Knight - Supplies 19.61 Pleasant Valley Orchard - Supplies 73.00 Brenneman Seed & Pet Ctr. - Supplies 7.20 Frohwein Supply Co. - Supplies 45.07 Carole McCrone - Postage 7.90 Henry Louis Inc. - Equipment 172.80 Frandrei Inc. - Equipment 405.80 Brodart Inc. - Equipment 219.50 Pepsi Cola Bottling Co. - Supplies 89.10 Iowa City Petty Cash - Supplies 12.00 Mercy Hospital - Services 23.00 Iowa State University - Fees 50.00 Lind Art Supplies - Supplies 10.44 The F -Stop Camera & Supply - Equipment 618.76 Coca Cola Bottling Co. - Purchases for Resale 126.85 Ken's Dist. Co. - Supplies 5.70 Hy -Vee Food Store - Food 8.19 Leon Lyvers Tree Surgery - Services 998.25 Police Retirement System - Contribution 26,939.00 Fire Retirement System - Contribution 33,264.00 0 0 IPERS - FICA 14,793,40 IPERS - IPERS 11 234.58 $101,397.32 INTRAGOVERNMENTAL SERVICE Ia-Ill Gas & Electric - Charges 264.74 Northwestern Bell - Charges 249.41 D & J Industrial Laundry - Services 377.34 Iowa City Petty Cash - Supplies .46 Hawkeye State Bank - Payroll Transfer 197,195.49 Hawkeye Safety Equipment - Supplies 13.50 Navy Brand Mfg. - Supplies 91.25 Cline Truck & Equipment Co. - Repair 215.50 Union Bus Depot - Freight 3.45 The Bureau of Nat'l. Affairs Inc. - Subscrip 170.00 The River Products Co. - Surfacing Mat. 470.39 Mrs. F. Hieronymus - Refund 10.00 Kathleen Baker - Refund 6.80 Marc Link - Refund 2.21 Ormand Anderson - Refund 4.10 Barb Beaton - Refund 2.04 Chris M. Cranny - Refund 2.55 Robert Reyhons - Refund 1.70 Ron Keller - Refund 1.70 Rita Robins - Refund 5.09 Harold P. Adams - Refund 1.86 Linder Tire Service - Repair 7.00 Fleetway - Minor Equipment 56.26 Loren Teggatz - Travel 50.00 Wallace Carlson - Travel 300.00 Iowa Falls Roofing Co. - Bldg. Repair 6,895.00 Elbert & Assoc. - Services 600.00 Ken's Dist. Co. - Supplies 6.36 Winebrenner-Dreusicke Inc. - Supplies 168.66 Union Bus Depot - Travel 1,124.04 Hawkeye State Bank - Payroll Transfer 3,984.78 Economy Advertising Co. - Services 75.05 Dictaphone - Supplies 24.67 Hartwig Motors Inc. - Repair Supplies 359.90 Trailers for Fun Co. - Repairs 123.60 Midwest Power Products Co. - Repair Supp. 231.26 IBM - Repairs 80.50 Power Equipment Inc. - Repair Supplies 124.11 Marilyn Levin - Refund 30.00 Iowa City Coach Co. - Charter Bus 60.00 Chris Rossi - Services 27.50 Goerdt Const. - Refund 20.00 Henry Musack - Refund 17.00 Cahterine Kessler - Refund 37.00 J. & R. Supply Co. - Refund 20.00 Union Bus Depot - Charter Bus 367.20 Pioneer Office Supply - Supplies 100.29 Precision Bearing Co. - Repair Supplies 39.67 Pyramid Service Inc. - Repair Supplies 22.65 Consumers Co-op Society - Fuel 660.29 Krall Oil Co. - Fuel 7,238.56 McCabe Equipment - Repair Supplies 26.64 Little Wheels Ltd. - Repair Supplies 12.65 Xerox Corp. - Rental 1,739.98 Worlds of Fun Amusement Park -Admissions 270.00 Kansas City Chiefs - Admissions 234.00 David Byrd - Charges 50.00 Blue Cross-Blue Shield - Health Insurance 1,716.60 Northwestern Bell - Services 140.33 Republic Refrig. Wholesalers - Suppliers 286.88 Quill Corp. - Supplies 344.17 Kar Products - Repair Supplies 520.44 GMC Truck & Coach Div. - Repair Supplies 6,263.35 L. L. Pelling Co. - Surfacing Materials 126.00 Cline Truck & Equipment - Repair Supplies 155.59 Professional Mufflers Inc. - Repair Supplies 5.25 Cresent Electric Co. - Supplies 5.92 Barron Motor Supply - Repair Supplies 246.78 Sieg Co. - Repair Supplies 953.18 Breese's Automotive Parts - Repair Supplies 722.41 Hach Brothers Co. - Supplies 44.52 HIghway Contractors - Refund 20.00 Treasurer of Iowa - Sales Tax 15.45 Hawkeye State Bank - Payroll Transfer 208,212.30 Adventureland Amusement Park - Admission 282.75 Nagle Lumber - Supplies 108.58 Little Wheels Ltd. - Repair Supplies 95.15 Means Service Center - Services 106.39 Plumbers Supply - Supplies 3.23 Ia-Ill Gas & Electric - Charges 77.89 Johnson Machine Shop Inc. - Repair Supplies 95.50 Herman M. Brown Co. - Repair Supplies 15.88 Mary Neuhauser - Travel 100.00 Dwayne's Radiator Service - Repairs 56.65 Hootman Robo - Services 2.25 New Method Equipment - Repair Supplies 104.77 Glenn Siders - Travel 209.00 Hugh Mose - Travel 200.00 Contractors Tool & Supply Co. - Supplies 53.33 Midwestern Power Products - Repair Supplies 118.28 Jack Hollister Meadows - Refund 2.55 Lois Feuss - Refund 10.00 Keith Shaw - Refund 1.63 Diane Stastny - Refund 2.72 Ralph Virgo - Refund 3.14 Jerry Raaz - REfund 2.64 Robert Field - Refund 6.19 Jeanine Melcher - Refund 5.94 Robert Tegler - Refund 4.83 Lawrence Steward - Refund 6.83 Eric Schiffin - Refund 7.97 Linda Hime - Refund 3.37 Leslie Silverstein - Refund 4.24 Gail Goepfert - Refund 5.78 Fred Tremmel - Refund 1.87 Tim Lechmaier - Refund 10.00 Ed Fischer - Refund 6.27 Roger's Kleen King - Equip. Repairs 66.77 Overhead Door Co. - Bldg. Repairs 32.50 Union Bus Depot - Charter Bus 225.60 Iowa City Petty Cash - Supplies 11.10 Kelly Heating Service - Supplies 40.00 Frohwein Supply Co. - Supplies 27.92 K-Mart - Supplies 174.65 Lind Art Supplies - Supplies .75 0 0 Monarch Business Equip. - Repairs 26.50 Hawkeye Safety Equipment - Supplies 27.00 John Wilson - Refund 5.00 Jan Garmong - Refund 5.00 Mary J. McLaughlin - Refund 5.00 Jeff Wilson - Refund 5.00 Kay Rosenberger- Refund 5.00 Julia A. Gatens - Refund 5.00 Darcy Lipsius - Refund 9.00 Kelly Summerwill - Refund 5.00 Annette Cerreta - Refund 5.00 Kathy Herring - Refund 4.00 Tim Doherty - Refund 5.00 Bob Kunkel - Refund 13.00 Hawkeye State Bank - Refund 13.00 First National Bank - Refund 13.oO Jim Burr - Refund 13.00 Brian Proffitt - Refund 13.00 Hawkeye Medical Supply - Refund 13.00 Tan Cannon - Refund 13.00 Mike Rovner - Refund 13.00 Dan Dean - Refund 13.00 O'Brien Electric - Refund 13.00 Anne Silander - Refund 13.00 Jimbo's Lounge - Refund 13.00 Mary Villhauer - Refund 1.00 Mervin Rotter - Refund 17.00 Marilyn Levin - Admissions 51.00 Southgate Development - Refund 10,130.00 Elbert & Assoc. - Services 300.00 Russ Bailey - Services 15.00 Goodfellow Co. - Services 466.80 Howard Johnson's Motor Lodge - Food 114.10 Jo. Co. Clerk of Court - Charges 23.50 Xerox Corp. - Rental 1,532.06 Old Capitol Motors - Repair Supplies .91 Xerox Corp. - Rental 420.00 Polytechnic Data Corp. - Rental 20.00 Hawkland Motors - Repair Supplies 19.50 John Nash Grocer - Supplies 30.50 Sears Roebuck & Co. - Supplies 36.78 Hawkeye Wholesale - Supplies 27.67 Rexco Equipment Inc. - Vehicle Repairs 323.47 Neal Berlin - Travel 70.00 Fleetway - Supplies 14.94 Altorfer Machinery Co. - Repair Supplies 160.93 Hartwig Motors - Repair Supplies 128.43 Sun Electric Corp. - Supplies 92.00 Capitol Implement - Repair Supplies 327.61 Quill Corp. - Supplies 146.10 Hy -Vee Food Store - Food 41.38 Hawkeye Lumber Co. - Supplies 77.48 Motorola Inc. - Equipment 1,639.50 Ken's Dist. Co. - Supplies 41.03 State of Iowa Treasurer - Fuel Tax 283.07 D & J Industrial Laundry - Services 317.43 Hawkeye State Bank - Payroll Transfer 49,688.01 Northwestern Bell - Services 277.93 IPERS - FICA 573.07 0 0 IPERS - IPERS 240.80 514,264.78 SPECIAL REVENUE Northwestern Bell - Charges 316.88 Iowa City Petty Cash - Rupplies 25.01 Hayek, Hayek & Hayek - Services 692.00 The Bureau of Nat'l. Affairs - Subscription 170.00 The River Products Co. - Surfacing Mat. 88.85 Lind Art Supplies - Equipment 52.15 Shay Electric - Improvements 17,025.50 Elbert & Assoc. - Services 149.50 The Goodfellow Co. - Printing 1,306.80 Aero Rental - Rental 13.00 S. DeWayne Guernsey - Services 300.00 Credit Bureau of I.C. - Dues 10.00 Jo. Co. Reg. Planning Coom. - Services 2,073.09 Iowa City Ready Mix - Surfacing Mat. 151.50 Blue Cross/Blue Shield - Health Insurance 851.90 Urban Renewal Project - Land Acquisition 964,650.00 University of Iowa - Services 192.60 Quill Corp. - Supplies 11.76 L. L. Pelling Co. - Surfacing Mat. 1,913.54 Hayek, Hayek & Hayek - Services 393.75 Treasurer of Iowa - Sales Tax 9.45 Budget Car Wash - Services 1.00 Hansen, Lind Meyer - Services 3,750.00 B & I Furniture Co. - Equipment 37.00 Shay Electric - Improvements 6,810.00 River Products Co. - Surfacing Materials 61.73 Iowa City Petty Cash - Supplies 28.43 Lind Art Supplies - Supplies 11.58 Iowa City Press -Citizen - Publications 111.55 Coralville Products - Blocks 8.10 St. Louis Post Dispatch - Publications 54.50 Minneapolis Star Tribune - Publications 55.90 University of Iowa - Services 19.36 Northwest Fabrics - Supplies 18.02 Goodfellow Co. - Services 294.95 NAHRO Publications - Books 31.50 Harvey W. Henry - Services 60.00 Urban Potential - Registration 125.00 Chicago Rock Island Pacific R.R. - Improv. 300.00 Cedar Rapids Gazette - Publication 32.20 William L. Meardon - Services 60.00 West Publishing Co. - Books 90.00 IPERS - IPERS 871.34 IPERS - FICA 1,070.33 Northwestern Bell - Charges 541.53 10 0 .30 LEASED HOUSING H8 Various Landlords - Rent 24,161.00 Plum Grove - Rent 113.00 Security Investment - Rent 46.00 Robert Wolf - Rent 35.00 Mayflower Ventures - Rent 44.00 Woodrow Houser - Rent 30.00 City of Iowa City - Expenses 32.796..48 2B225.48 LEASED HOUSING #23 Various Landlords - Rent 8,263.00 City of Iowa City - Services 2.67 City of Iowa City - Expenses 644.99 Edwin Orr - Refund 10.00 Bessie Carney - Refund 40.00 Clifford Walters - Repairs & Rent 40.00 Clifford Walters - Rent 5.00 Edith Jones - Refund 50.00 Marie OuBrava - Refund 5.00 City of Iowa City - Membership 10.87 Cynthia Ostrander - Refund 18.00 Life Investors - Repairs 37.00 Carol Vance - Refund 8.00 GRAND TOTAL $3,321,769.47 $9,134.5 URBAN RENEWAL R-14 E(P_E_NDITURES R. M. Boggs - Repairs 121.25 Hawkeye Lumber - Repairs 21.96 City of Iowa City - Tech. Services 94.08 Slade Bros. Roofing - Repairs 35.00 Associated Engineers - Services 55,343.07 Hawkeye Refrigeration - Repairs 32.55 55,647.91 URBAN RENEWAL PROJECT TEMPORARY LOAN REPAYMENT FUND Dept. of Housing & Urban Development - Project Closeout 932,747.70 Urban Renewal Project Expenditures - Project Closeout 48 524.90 981 272. 0 GRAND TOTAL $3,321,769.47 The preceding disbursements allocated by fund in the total amount of $3,321,769.47 represent an accurate accounting of obligations of the City of Iowa City. -s-Rosemary Vitosh Director of Finance ly • • LEO C. FITZGIOOONS FRANCIS HAROLD W. WHITE RICHARD J. MEYER L.A.w Or"VEB Or nTZOIHBOIQB HROTHERB P. r. BOX 496 106 NORTH SEVENTH STREET EEITHERVILLM, 10V 51334 October 5, 1977 City Council of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 TELEPHONE AREA 712-362-7215 OCT 10 1977 ABBIES10L;=i... CITY CLERK The undersigned represents the owners of the Strub building part- nership which partnership owns the Strub Building adjacent to Parcel No. 81-1 which was recently offered for sale by the City of Iowa City. The owners of the Strub Building partnership wish to call the Iowa City Council's attention to the fact that the Strub Building relies for its lateral support upon substantially all of Parcel No. 81-1. For details on this reference is made to the Shive-flattery Engineering re- port dated August 18, 1975, which was a part of the bid packet. In that report the engineers pointed out that the foundation of the Strub Building extends well into and encompasses a great part of Parcel No. 81-1. The concern of the owners of the Strub Building is that the City is going to require the construction of some kind of a building on Parcel No. 81-1. When the City as a governing body makes such a re- quirement, and conveys the property to a person required to build on Parcel, it is suggested that the City require proof of adequate financial responsibility on the part of its purchaser and his contractor, so as to assure that when the purchaser undertakes the construction project, the owners of the Strub Building should be fully protected from any damage to the Strub Building, because it receives its lateral support from Parcel No. 81-1. The owners of the Strub Building should be fully pro- tected against any such damage either by the financial responsibility of the perchaser, by the financial responsibility of any contractor employed by the purchaser, or by liability insurance policies covering the possible damage. The point we seek to make is this. If the City of Iowa City requires a construction project on Parcel No. 81-1, knowing of the lateral support problem, then it appears that the City itself would be responsible for any future damage, unless proper steps are taken and safeguards are made to assure that there will be no damage to the Strub Building. 3 89/ City Council of Iowa City October 5, 1977 Page 2 We will be willing to discuss this matter with any representative of the City at any time. The purpose of this letter is to be certain that the City Council is aware of the problems set forth in the Shive- Hattery Engineering letter. If it is, I am sure the Council will agree that such safeguards will have to be a necessary and integral part of any arrangement between the City and any purchaser. Otherwise it ap- pears to us that the City would be responsible and liable for any damage in view of its mandates and requirement that its vendee erect a struc- ture on Parcel No. 81-1. Yours very truly, Ler E. Fitzgiblio LEF:ams 0 0 CIVIC CENTER 410 E. W ASNH6TON ST. IOWA CITY. IOWA b7741) 6K2ff1t71fffjjj(((///�C�[� 131913sLlxoo October 25, 1977 4, u MAYOR MARY NEUNAMER COUNCIL MEMOERS g11N0ALIVER CAROL.PROSSE L. P. POSTER RAVIU FERRET W%EEaER ROBERTVEVERA Mr. Leo Fitzgibbons 108 North Seventh Street Estherville, Iowa 51334 Dear Mr. Fitzgibbons: I have received your letter of October 5, 1977, addressed to the City Council. As you know, the City of Iowa City has recently undertaken a land marketing program which included the marketing of the parcel immediately south of the Strub Building. The City included a copy of the Shive-Hattery and Associates letter dated August 18, 1975, as part of the proposal packet which was provided to all bidders. The designated developer of this parcel, Mr. Richard Pieper, is fully aware of the contents of the letter from Shive-Hattery and Associates. The proposal which the City of Iowa City received from Mr. Pieper calls for the construction of a one-story building without a basement. The architectural firm of Hansen Lind Meyer, which is designing the structure for Mr. Pieper, is also fully aware of the potential subsurface problems on this site. Accordingly, we are confident that the interests of the Strub Building partners have been protected. We expect the installation of footings and the construction of an on -grade floor to provide no disruption to the Strub Building foundation. If I may be of any additional assistance to you in this matter, feel free to contact me. cc: Hansen Lind Meyer Mr. Richard Pieper City Attorney City Council City Clerk ✓/ ORECEiVED OCT 1 2 1977 Ontober 10, 1977 � Honorable Mayor, City Council. and anago.•. Civic Center CCTo1"2 197T rDD Iowa City, Iowa 52240 �.•_•,• S A B B I E .UFLi i CITY CLERK Dear Mayor, Council. Members and i"+anager: The purpose of this letter is to bring, to your attention that a neighbor of mine, Ms. Steffi Hite, is polluting my property with sewage from her toilet and other cutlets. About three years ago I complained t.o the City Sewer Department, as the proh- lem was unbearable as to the odor, and the fact. that I thought, V. was sewage, which should speak for itself. I did not get. the gentleman's name, he he said he would check it out. Nothing was done. I complained several more times .with the same result. About. a year and a half ago, or more, I again complained, and someone visited the site. I hhlieve it was Mr. Harry ?wren, john wes t e , n was quite helpful, and i^01' her laundry wafer, ,., 1., .. n na'Le r, otF7nF was done, and no enforcement. care ahout. Last November, 197(, 1 contacted the Johnson Court.y ceall.F. Lepart.:cent, where- upon Miss Sheila Johnson, a Sanitarian care cut and flushed dye down 195: Hite's toilet, which dye promptly came directly out, onto my property. hs. :;i.te has been contacted, and given some time to correct, the matter. She asked for extensions which were granted. Now, the County Attorney, with some prompting from my private attorney, i4ark Hamer, broughtsuit. in misdemeanor court, which suit was to he heard on October „ 6 -at 10:00 am. Thai. suit was continued, as 1. :lite ?:ad secured ';lilliam Reardon " as Counsel, and was a conflict, with Er. Hamer heini, in the same f �rm. ow this is being set for a later date. I understand that `s. Hite could probably be fined a small amount., and no' the `.:cld 'n 4vin, i 'n ,h,, City 5ewor system. I also understand that. Mc. Pile works for the Ci',y of Iowa City, and 'herefore should be aware that she is in violation of Section 4.1.6 of the City Code. Since I was at the Civic Center on October 6, I spoke with Gene Dietz to pet, a copy of the Ordinance, and further spoke to City attorneys Bob Bowlin and Angie Ryan about an interpretation, thereof. Later on in the afternoon, 1 brought a sample of rhe run-off to furt.her emphasize the problem wish which I have contended for the past 3 and one half years. I have lost many hours from work , spent much time in phone calls, local and long distance to State Agencies, have suffered embarrassment because of the inability to use my property in the summertime for recreation because of the odor. Children cut through my property from time to time as a short cut, and I would think that this is a major health hazard to them. I have lost an oak tree where the run-off occurs, and would venture to say it was caused by same, although difficult to prove. 5092 Two Furtheremore, this nuisance has caused me so much mental grief in attempt.inr to get something done, that it defies reiteration. Also, I cannot see why this matter should ever have to come to court, nor should it cause me to employ a private attorney in pnt results. I feel that. the City, for some reason, has been remiss in not enforcing the Code, at my expense. All the people I have mentioned are aware of this sit- uation, as is Councilwoman Carol deProsse, with whom I spoke on October 7, 1977. I plan on attending the City Council meeting on October 18, 1977 to further emphasize the problem, and hopefully to hear what means will be undertaken to solve it ... perhaps before the group or hell freezes over, whichever comes first. Thank you very much for your consideration. Respectfully. Pamela R. Weir 320 Willis Drive Iowa City, Iowa 52240 Office phone 351-4049 Home 337-7270 cc. Atty. F1ark Hamer �r%/�/�'/ •�/f CIVIC CENTER 410 E. AA,Nmc,ONST. VWW KI io.v uIe3:I A=sxx4u October 25, 1977 MAYOR W ,IY NEUNAUSEN COUNCIL MEMBERS JOHN BALDER CAROLC.PROSSE LP.F05TER DAVID PERRET LAX BELEER ROBERT VEVERA Ms. Pamela R. Weir 320 Willis Drive Iowa City, Iowa 52240 Dear Ms. Weir: At its regular meeting of October 18, 1977, the City Council received and placed on file your letter concerning the pollution of your property by sewage from Ms. Steffi Hite's property. The City Attorney's staff is working on this problem. Also, a copy of a letter written to Ms. Hite by the City Engineer is enclosed for your information. At the meeting Ms. Hite promised prompt corrective action. Sin v�eiil)' your , 'l , eal G. 6erlin City Manager is cc: City Clerk ✓ 3 55`7.2, CITY OF IOWA CITY CIVIC CI NFER diol_ October 12, 1977 Ms. Steffi Hite 530 Ferson Iowa City, Iowa 52240 RE: Septic System Dear his. Hite: I have been asked to provide you the definite rarrAies available to you within Iowa City's existing ordinances to correct the problem of your leaking septic system. These are as follms: 1. Replace the septic system with a complete new s%1stem; 2. Provide individual ejector prnps at each potential house location and pump it to the main line sewer in Park Road. Each service to Ix 2" diameter cast iron pipe; 3. Provide an 8" main line sanitary soaer from Park Rxai northerly in the Ferson Avenue right-of-way. This would require ejector pumps and 2" force mains from each individual dwelling site to the 8" line. It is my understanding that you favor the possibility of connecting the three house services together and running a force main out to park Read. The Plumbing Code prohibits such a practice. Furthermore, it is my urxler- standing that it Hmrld take an amendment to the_ Picnuing Ordinance to allow this procedure. Due to the problems caused by the leaking septic tank., it is extremely desirable that corrective action proceed in a timely manner such that Uhe problem should be eliminated prior to onset of winter. Please respond within 10 days as to which alternate you will pursue. In the interim if you have any questions concerning these possible alternates please feel free to cz)n- tact me. Sincerely, 4A Euene A. Dietz City Engineer EAD:d n cc: Dill Meardon, Attorney at Law, 100 S. Linn St., Iowa City, Iowa, 52240 Neal Berlin, City Manager Graham Dzmrron, Johnson County 1WIth Wept., 538 S. Gilhxrt, iaaa City 9.30 HOUSING OCCUPANCY AND MAINTENANCE CODE 9.30.1 General Provisions 1 9.30.2 Definitions 2 9.30.3 Inspection and Enforcement 6 9.30.4 Minimum Standards For Basic Equipment and Facilities 9 9.30.5 Minimum Standards for Lighting, Ventilation, & Heating 11 9.30.6 Minimum Space, Use, and Location Requirements 15 9.30.7 Responsibilities of Owners Relating to the Maintenance of Dwellings and Dwelling Units 16 9.30.8 Responsibility of Occupants Relating to the Maintenance of Dwellings and Rooming Units 19 9.30.9 Rooming Houses 21 9.30.10 Multiple Dwellings 28 9.30.11 Alterations 32 9.30.12 Remedies 33 9.30.13 Retaliatory Conduct Prohibited 34 0 0 CHAPTER 9.30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation ind enfo'rceiuent of this ordinance. A. Legislative Findin . It is hereby found that there exist and may in the future exist, wit in 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 environmental 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 promote 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 the date of construction. D. Title. This ordinance shall be known and may be cited as the Housing Marta tnienance and Occupancy Code of the City of Iowa City, hereinafter referred to as "this ordinance" or "this Chapter". 0 0 CHAPTER 9.30.2 nFFTNTTTnNc. The following definitions shall only apply in the interpretation and enforcement of this chapter: Accessory Structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. Adjoinin Grade shall mean the average elevation of the ground which extends three 3 feet from the perimeter of the dwelling. Approved shall mean approved by or in accordance with regulations established by the Housing Inspector. 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. Basement shall mean a portion of a building located partly underground, but having three and one-half (3'i) feet or more of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly connected with both hot and cold water lines. Bedroom shall mean a habitable room within a dwelling unit which is used or intended to be used primarily for the purpose of sleeping, with a door to insure privacy, but shall not include any kitchen or dining room. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (3'z) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central Heatin S stem shall mean a single system supplying heat to one (1) or 'Fore—dwell ing units7 or more than one (1) rooming unit. Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units, or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a yard, on the same lot �•itea dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court. Dining Room shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. Duplex shall mean any habitable structure containing two (2) single dwelling units. Dwelling shall mean any building or structure, except temporary housing, which Ts wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto: Dwelling Unit shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. 2 Egress shall mean an areement of exit facilities to a0e a safe means of exit from buildings. 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 (lousing Inspector. Family shall mean one (1) person, two (2) or more persons related by blood, marriage, or adoption, including legally assigned foster children, occupying a living unit as an individual housekeeping organization. Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food; and shall also mean combustible waste material. The term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, and other combustible materials. Habitable Room shall mean a room or enclosed floor space used, or intended to be used forliving, sleeping, cooking, or eating purposes; excluding bathrooms, toilet rooms, laundries, pantries, foyers, or communicating corridors, closets, storage spaces, and stairways. Housin Inspectorshall mean the official or officials of the City of Iowa City appointe toaaminister the provisions of this Chapter. Infestation shall mean the presence, within or around a dwelling, of any insects, rodents, or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square feetinnarea. Kitchen Sink shall mean a sink of a size and design adequate for the purpose of was i—fi'ng e t ng and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavatory Basin shall mean a handwashing basin which is properly connected with bot of an cold water lines and which is separate and distinct from a kitchen sink. Living Room shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for general living purposes. Multiple Dwelling shall mean any dwelling containing three (3) or more dwelling units. Occupant shall mean any person, including owner or operator, living, sleeping, cooking in, or having actual possession of a dwelling, dwelling unit, or a rooming unit. 0 operator shall mean any plon who rents to another or who* custody or control of a building, or part thereof, in which dwelling units or rooming units are let, or who has custody or control of the premises (for rooming houses, see Roomin�c House 0 era tor). owner shall mean any person who has legal title or equitable title, or has custody or control of any dwelling, dwelling unit, or rooming unit as executor/executrix, administrator/adininistratrix, trustee, or guardian of the estate of the owner. 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 shall expire one (1) year from the date of issuance, unless sooner suspended or revoked as hereinafter provided, and shall be renewed annually. Person shall mean any individual, firm, corporation, association, or partnership. Ishall mean and include all of the following supplied facilities and equipment: gas pipes, gas -burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, installed dishwashers and clothes washing machines, water heating devices, catch basins, drains, vents, and any other similar supplied fixtures together with all connections to water, public sewer or gas lines. Premises shall mean a platted or unplatted lot or part thereof, either occupied or unoccupied by any dwelling or accessory structure. Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Refuse shall mean all putrescrible and non-putrescrible solids (except human body waste) including garbage, rubbish, ashes and dead animals. Refuse Container shall mean a watertight container that is constructed of inetal, or of er durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roomer shall mean an occupant of a rooming house who is not a member of the family of the rooming house operator of that rooming house, and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Rooming House shall mean any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 1. Rooming House -Type I shall mean a rooming house in which space is let to more tgh two (2) but fewer than nine (9) roomers. 2. Roomin House -T a II shall mean a rooming house in which space 4s let to nine 3 or more roomers. Roomiing House Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which he resides and in which rooming units are let. 4 Rooming Unit Shall mean any room or group of rooms forming a single habitable unit in rooming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean non-putrescrible waste material consisting of combustible and/or non-combustible materials. Supplied shall mean paid for, furnished, provided by, or under the control of the owner or operator. Temporary 1iON shall mean any tent, trailer, motor home or other structure usTe for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Toilet shall mean a water closet, with a bowl and trap made in one (1) piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged throught the flushing rim. 14eanin of Certain Words. Whenever the words "dwelling", "dwelling unit", ro mo ing louse ro ng unit", or "Premises" are used win this Chapter, any they were f though the w e Y ued as Y shall be construed 9 thereof". 5 0 0 CHAPTER 9.30.3 INSPECTION AND ENFORCEMENT Enforcement Notice: A. Author. The Ilucsing 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, mobile homes, structures, and premises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the occupants of dwellings and of the general public. Q. Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, rooming unit, or noteT u m t shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, or its premises at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with the provisions of this Chapter or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of this Chapter. C. Right of Entry. Wherever necessary to make an inspection to enforce any of t e 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. D. Order to Allow Inspection. The Housing Inspector is hereby authorized to conduct consensual inspections of any dwelling 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. 11 1 0 0 E. Penalty. No owner or occupant or any other person having charge, care, or contro 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 representative for the purpose of inspection and examination pursuant to this Chapter. Any person violating this subdivision shall be guilty of a misdemeanor. F. Evidence. Evidence obtained by use of an Order to Allow Inspection may he use to effectuate the purposes and provisions of this Chapter in any ensuing action brought by the City for a violation of this Chapter. G. Service of Notice. Whenever the Housing Inspector determines that there has been a vio ation, or that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall: 1. Be put in writing; 2. Include a description of the real estate sufficient for identification; 3. Include a statement of the reason or reasons why it is being issued; 4. Allow a reasonable time for the performance of any act it requires; 5. Be served upon the owner, or, the operator, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner, or upon such operator, or upon such occupant, if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, by registered mail or by certified mail, with return receipt requested, to his last known address, or if the registered or certified letter with the copy is returned with a receipt showing it has not been delivered to him by posting a copy thereof in a con- spicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and with rules and regulations adopted pursuant thereto. H. Appeals. Any person affected by any action, notice, interpretation or M by the Housing Inspector with respect to this ordinance may appeal to the Housing Appeals Board in accordance with the procedures of the Iowa City Administrative Procedures Act. The Board may modify any notice affecting the following subsections of this Chapter: 9.30.4.J 9.30.5.D 9.30.10.0 9.30.11.D 9.30.5.A 9.30.6.D 9.30.11.A 9.30.11.E 9.30.5.8 9.30.9.11 9.30.11.8 9.30.11.F 9.30.5.0 9.30.10.5 9.30.11.0 9.30.11.G 9.30.5.G.l.C. 9.30.10.R 9.30.11.H so as to authorize a variance from the provisions of this Chapter when, because of special conditions, a literal enforcement of the provision of this Chapter will result in practical difficulty or unnecessary hardship; 7 provided, that the spirit of this Chapter will be observed, safety and welfare secured, and substantial justice done. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time as determined by said Board. I. Other Remedies. 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. J. Emergent Orders. Whenever the Housing Inspector, in the enforcement of this C apter, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet such emergency. If necessary, the Housing Inspector may order that the premises be vacated forthwith and that they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of this Chapter, such order shall be effective immediately, or in the time and manner prescribed by the order itself. 1. Hearing. Any person to whom such order is directed shall comply therewith, but upon petition to the Board shall be afforded a hearing as prescribed in this Chapter. After such hearing, depending upon the findings of the Board as to whether the provisions of this Chapter and the rules and regulations adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Nothwithstanding other provisions of this Chapter, every notice served by the Housing Inspector shall be regarded as an order. P I • CHAPTER 9.30.4 • MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES No person shall occupy 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. Supplied Facty. Every supplied facility, piece of equipment or utility require s ailie constructed or installed so that it will function safely and shall be maintained in satisfactory working condition. B. Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: 1. It shall include an approved kitchen sink. 2. It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. 3. It shall contain a stove or range in proper working order. C. Toilet Required. Every dwelling unit shall contain a toilet. D. Bath Required. Every dwelling unit shall contain a bath. E. LavatorX Basin Required. Every dwelling unit shall contain a lavatory basin witTiin the room containing the toilet. F. Privac In a Room Containin Toilet and Bath. Every toilet and every bath s a e containe wit in a room or within separate rooms which afford privacy for a person within said rooms. G. Water Heating Facilities Required. Every kitchen sink, bath, and lavatory basin required in accordance wR the provision of this Chapter, shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required under the provisions of this Chapter at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (48 degrees C). Such supplied water heating facilities shall be capable of meeting the requirements of this subsection where the required dwelling or dwelling unit heating facilities are not in operation. N. Connection of Sanitary Facilities to Water and Sewer S stem. Every kitchen sink, toilet, lavatory basin an bath s all a in good working condition and properly connected to an approved water and sewer system. I. Exits. 1. Two means of egress required: (a) Every dwelling unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each other. At least one (1) shall be a doorway which discharges directly or via corridors or stairways or both to the exterior of the building at ground level. G 0 0 2. Every exit from every dwelling shall comply with the following requirements: 3 (a) It shall be kept in a reasonablygood state of repair. (b) All existing stairways of four (4) or more risers shall have at least one (1) handrail and those stairways which are five (5) feet or more in width, or which are open on both sides, shall have a handrail on each side. Stairways which are less than five (5) feet in width shall have a handrail on the left hand side as one mounts the stairs and on the open side, if any. (c) All handrails shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stairtreads. (d) All platforms accessible to occupants and situated more than two (2) feet above adjacent areas shall be protected by substantial guardrails at least thirty-six (36) inches high. (e) All stairs and steps shall have a riser height of not more than eight (8) inches and a tread width of not less than nine (9) inches. (f) All exterior doors and windows below the second floor of a dwelling shall be equipped with a safe functioning locking device. (g) During the 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 rooming 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 supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass, and insulated metal exterior doors. In basement units where one means of egress shall be a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame, and shall open readily. J. Basement or Cellar Under Entrance Floor - Every dwelling hereafter erected Th—all have a basement, cellar or excavated floor space under the entire entrance floor, at least three (3) feet in depth or shall be elevated above the ground so that there will be a clear air space of at least eighteen (18) inches between the top of the ground and the floor joist so as to ensure ventilation and protection from dampness; provided, however, that cement floor may be laid on the ground level if desired. 10 • CHAPTER 9.30.5 0 MINIMUM STANDARDS FOR LIGHTING, VENTILATION, AND HEATING A. Minimum Rear Yard Re uirencents. Every single and two (2) fancily dwelling shat have a rear yar whtct is a minimum of ten (10) feet deep for structures one (1) story in height, plus two (2) feet for each additional story. An irregularly shaped lot may be occupied by a dwelling without complying with the provisions of this section if the total yard space equals that required by this section. B. Minimum Side Yard Re uirements. If a dwelling is erected up to the side lot line, light an vents ation as required by this Chapter shall be provided by means other than windows opening to the side yard. In case of all dwellings having side yards, the width shall be not less than four (4) feet for the first story plus one (1) foot for each additional story. C. More Than One Structure on a Lot. Where more than one (1) structure is erected upon the same lot, the distance between them shall not be less than eight (8) feet. This distance shall be increased two (2) feet for each additional story above the second. D. Courts. 1. The minimum width of an outer court of a one (1) story dwelling shall be five (5) feet, for a two (2) story dwelling six (6) feet, for a three (3) story dwelling seven (7) feet, and shall increase one (1) foot for each additional story. 2. An inner court shall be twice the minimum width required for an outer court. 3. The width of all courts adjoining the lot line shall be measured to the lot line. 4. An mixed-use dwellings where there are no dwelling units on the lower story, courts may start on the top of such lower story. 5. Every inner court extending through more than one (1) story shall be provided with a horizontal air intake at the bottom. 6. Irregularly shaped court yards must meet the minimum area require- ments. Any structure hereafter placed on the same lot with the dwelling shall be so placed as to maintain the minimum yard requirements. 7. In every dwelling where there is a court or shaft of any kind, there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out; provided that where there is already a window giving proper access it shall be deemed sufficient. E. Natural Li ht. Every habitable room except kitchens shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) percent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top of such room the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. 0 1�1 Lighting of Public Halls Stairways Basements, and Cellars. Public passageways and stairways in buildings accommodating two (2) to four (4) families shall be provided with convenient wall -mounted light switches controlling an adequate lighting system which may be turned on when needed. An emergency circuit is not required for this lighting. Public passageways and stairways in buildings accommodating more than four (4) units shall be lighted at all times with an adequate artificial lighting system; except, that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of the building exceeds one hundred (100) persons, the artificial lighting system as regulated herein shall be on an emergency circuit. All basements and cellars shall be provided with an adequate lighting system which may be turned on when needed. Intensity of Light. An adequate lighting system, as required herein, shall mean an intensity of two (2) foot candles at a plane thirty (30) inches above the floor line. 5. The required intensity shall apply to both natural and artificial lighting. Ventilation. Natural Ventilation. (a) The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size as required above. (b) During that portion of the year when the Housing Inspector deems it necessary for protection against mosquitoes, flies, and other insects, every door used for ventilation, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied screens of not less than sixteen (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. (c) In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads. (d) Whenever a window faces an exterior wall or structure which extends higher than the ceiling of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation. Mechanical Ventilation. (a) In lieu of openable windows, adequate ventilation may be a system of mechanical ventilation which provides not less 12 0 0 than fifteen (15) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. (b) No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar but shall be directed to the outside air; except that this shall not prevent the mechanical exhausting of normal room air to attics when used solely for cooling purposes. Basements and Cellars. (a) Cellars and nonhabitable areas of basements shall be provided window area of not less than one (1) percent of the floor area. (b) Every cellar window used or intended to be used for ventilation, and every other opening to a cellar or crawl space which might provide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (?;) inch mesh or such device as will effectively prevent their entrance. Crawl Spaces and Attic Spaces shall be provided with ventilating area not less than 1/300ths of the floor area. Heating. 1. 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 toilet rooms located therein to a temperature of at least seventy (70) degrees Fahrenheit (21 degrees C) and shall maintain in all said locations a minimum temperature of sixty-five (65) degrees Fahrenheit, (18 degrees C) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available to all dwelling units and rooming units. 2. Every central heating unit, space heater, water heater, and cooking appliance shall be located and installed in such a manner, so as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure. 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. The chimney, duct, and 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. 4. No fuel burning furnace shall be located within any sleeping room or bathroom 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. Water heaters are pro- hibited in bathrooms or sleeping rooms. 5. Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate temperature and pressure limit controls. 13 6. Every gaseous or liquid fuel 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 fuel to the unit in the event of failure of the ignition device. All such heating units with plenum shall have a limit control to prevent overheating. 14 0 CHAPTER 9.30.6 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. Habitable Room Size. All habitable rooms used for living, sleeping, and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habitable rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one (1) room containing not less than one hundred twenty (120) square feet of floor area. B. Floor Area Per occupant. Every dwelling unit shall contain at least one undyed fifty 50 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. C. Air Space In Sleeping Rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. D. Ceiling Height. No habitable room in any dwelling shall be in any part less than seven (7) feet high from finished floor to finished ceiling; the average height of any such room shall not be less than seven feet six inches (7'6"). Any habitable room located directly below a roof in a private or a two (2) family dwelling requires a seven (7) foot ceiling height in one-half ('s) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area E. Direct Access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit. F. Basement S ace Ma Se Habitable. No basement space shall be used as a ha itab a area un ess: 1. The floor and walls are of waterproof and damp proof construction. 2. The total window area in each room is equal to at least the minimum window area sizes as required in Sections 9.30.5.E. and 9.30.5.G.l.a. 3. Said rooms shall conform to ceiling height requirements as set forth in 9.30.6.D. 4. There shall be appurtenant to such room the use of a toilet room. 15 • CHAPTER 9.30.7 • RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE OF DWELLINGS AND DWELLING UNITS No person shall occupy as owner -occupant, or let to another for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: A. Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, si ewa , and every window, door, and other aperature covering shall be maintained in good condition. 1. 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 weather-proof condition. Every doorway providing ingress or egress from any dwelling unit, rooming unit, or habitable room shall be at least six (6) feet four (4) inches 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. Every interior partition, wall, floor, and ceiling shall be capable of affording privacy and maintained so as to permit them to be kept in a clean and sanitary condition. 4. Every foundation, exterior wall, and roof shall be reasonably weather- tight, water -tight, rodent -proof, and insect -proof. B. Rainwater Drainage * raina e. All eaves, troughs, downspouts, and other roof drainage equipment of the dwelling and its accessory structures shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure. C. �C___hi��mn��eyys��and Smoke i es. Every chimney and every supplied smokepipe shall emote y supporte , reasonably clean, and maintained in a reasonably good state of repair. D. Gradin Draina e, and Landsca in of Premises. Every premises shall be gra a an raine so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary, erosion -free, and dust -free condition by suitable landscaping with grass, trees, shrubs, or other planted ground cover, or by paving with asphalt, concrete, or by such other suitable means as shall be approved by the inspector of buildings. Where a premises is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the above condition shall also be the responsibility of the occupants. Any person who violates this section shall, for each violation, forfeit not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Protection of Exterior Wood Surfaces. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches, and similar appurtanences shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. 16 F. Electric tem• • e electrical system of every dwelling shall not by reason of overloading, dilapidation, lack of insulation, or improper fusing, or for any other cause, expose the occupants to hazards of electrical shock or to the hazards of fire. 1. Every habitable room shall be equipped with a safe electrical switch located near and convenient to the room entrance which activates an illuminary within the room. 2. Every habitable room shall contain at least two (2) separate floor or wall type electric double convenience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) percent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room, and public hall shall contain at least one (1) supplied ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained in good and safe working condition. G. Maintenance of Gas Appliances and Facilities. 1. Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the Housing Inspector. 2. Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. 3. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. H. Idaintenance of Supplied Plumbing Fixtures. Every supplied plumbing fixture and water and waste pipe shat be properly installed and maintained in good, sanitary working condition. 1. All plumbing shall be so designed and installed as to prevent con- tamination of the water supply through back flow, back siphonage, cross connection, and any other method of contamination. 2. Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. I. Surfaces Impervious to Water. Every toilet room, floor surface, bathroom oor surface an citcien 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. J. Supplied Facilities. No owner or operator shall cause any service, facility, equipment, or utility which is required to be supplied under the provisions of this Chapter to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are being made. K. Covered Cisterns. All cisterns or similar water storage facilities shall be fenced, safety covered, or filled in such a way as not to create a hazard to life or limb. 17 0 0 L. Sealed Passages. 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. M. Pest Extermination. Every owner of a dwelling containing two (2) or more dwelling units smell be responsible for the extermination of insects, rodents, or other pests on the premises. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. N. Prohibited Animals. No horse, cow, calf, swine, sheep, goat, chickens, geese, or uc s -sall be kept in any dwelling or part thereof. Nor shall any such animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the Housing Inspector. 0. Owner to Let Clean Units. No owner shall occupy or let for occupancy any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. P. Maintains Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a sanitary condition the shared or public areas of the dwelling and premises thereof. Q. Maintenance of Fences. Every fence shall be kept in a reasonably good state of maintenance an repair or shall be removed. R. Maintenance of Accessary Structures. Every foundation, exterior wall, roof, window, exterior door, basement hatchway, and every other entranceway of every accessory structure shall be so maintained as to prevent the structure from becoming a harborage of rats and shall be kept in a reasonably good state of repair. 18 • CHAPTER 9.30.8 • RESPONSIBILITY OF OCCUPANTS RELATING TO THE_ MAINTENANCE OF DWELLINGS ANU KUUMNG A. Occupant Responsible for Controlled Area. Every occupant of a dwelling or dwelling —un F­sTaTT op in a c ean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. 1. The floor and floor covering shall be kept reasonably clean and sanitary. 2. Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. 3. No dwelling or the premises thereof shall be used for the storage or handling of refuse. B. Plun fixtures. The occupants of a dwelling unit shall keep all supplied p umbmbiing fixtures therein in Cl clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. C. Extermination of Pests. Every occupant of a dwelling containing a single we ing units a 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 (1) dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Not withstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. D. •Storage and Disposal of Garbage. 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 shall enforce the requirements contained therein. 1. Every occupant of a dwelling containing one (1) or two (2) dwelling units shall dispose of rubbish, garbage, and any other organic waste in a clean and sanitary manner, by placing it in approved disposal facilities or storage containers required by the Ordinances of Iowa City. 2. In dwellings containing one (1) or two (2) dwelling units it shall be the responsibility of the occupant to furnish adequate garbage and rubbish disposal facilities or storage containers of approved type and location. E. Use and 0 era tion of Su lied Heatin Facilities. Every occupant of a we ing unit s a e response a for t e erercise of reasonable care, proper use, and proper operation of supplied heating facilities. F. Electrical Wiring. No temporary wiring or extension cords shall be used in dwelling units. 19 0 0 G. Installation of Screens, Storm Doors, and Storm Windows. [very occupant —6"F -a- d 9 or dwelling unit sliaTl 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 perform the service. 20 i • CHAPTER 9.30.9 ROOMING HOUSES No person shall opera Le a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the following requirements: A. Permit Required. No person shall operate a rooming house unless he or she is an occupant of said rooming house and holds a valid rooming house permit issued by the Department of Housing and Inspection Services in the name of the rooming house operator and for the specific dwelling or dwelling unit within which the rooming house is contained. A 1ication for Permit. The rooming house operator shall file, in duplicate, an app kation for a rooming house permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. The operator shall file with the permit application an occupancy permit, issued by the Inspector of Buildings, for the operation of a rooming house in the dwelling or dwelling unit designated in the rooming house permit application. C. Issuance of Permit and Occupancy_ Record Card, Fees. When all applicable provisions of this Chapter ana of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the rooming house operator, the Department of Housing and Inspection Services shall issue a rooming house permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons that may reside in the total of all rooming units or portions thereof for which the rooming house permit is issued. D. Occupancy Record Card. Every occupancy record shall list the maximum number of persons that may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued. The occupancy record cards shall also list the maximum number of persons which may occupy each individual rooming unit located in the dwelling or portions thereof for which the rooming house permit is issued. All of the rooming units listed on the occupancy record card shall be located in such portions of the dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of Sections B and E of this chapter. Every rooming house permit issued by the Department of Housing and Inspection Services shall be conspicuously posted by the rooming house operator in a public corridor or hallway or other public portion of the rooming house for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the rooming house by the rooming house operator in a place where such cards are readily accessible for examination by the Housing Inspector. E. I?orator to Control Occupancy. No rooming house operator shall at any time a 1� ow a greater number of persons to occupy the total of all rooming units located within a rooming house than the maximum number of persons listed on the rooming house permit and the occupancy record cards. No rooming house operator shall at any time allow a greater number of persons to occupy any individual rooming unit than the maximum number of persons listed on the occupancy record cards for each such unit. 21 0 0 Nontransferabilityof Permit. No rooming house permit issued under the j�irovisions of�is Chapter shall be transferable and every rooming house operator shall notify the Department of Housing and Inspection Services in writing within twenty-four (24) hours after having relinquished proprietorship or having sold, transferred, given away, or otherwise disposed of such interest or control of any rooming house, and shall file in writing with the Department of Housing and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. Relationship of Permit to Building Code. The issuance of a rooming house permit and occupancy recordcard to any rooming house shall not in any way signify or imply that the rooming house conforms with the Fire Code or the Building and Zoning Code of the City of Iowa City, Iowa. The issuance of rooming house permit shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. Applicability of Other Sections of This Cha ter. No person shall operate rooming house un less al of the requirements previously set forth in this Chapter are complied with. Every dwelling unit located within a rooming house shall comply with all of the requirements for dwelling units as established in accordance with the provisions of this Chapter. KeePi_n9 of Re ister. Every person to whom a rooming house permit has been issued s all at air times keep a standard hotel register within the rooming house, in which shall be inscribed the names of all occupants renting or occupying rooming units in such rooming house. The register shall be signed by the person renting a rooming unit. After the name or names of persons renting or occupying any rooming unit, the rooming house operator, or his agent, shall write the number of the room or rooms which each person is to occupy, together with the date and hour when such room or,rooms are rented, all of which shall be done before such person is permitted to occupy such room or rooms. The register shall be at all times open to inspection by the Housing Inspector, Building Official, peace officer, or fireman of the City of Iowa City, Iowa. J. Entry of True Name in Register. No person shall write or cause to be written in any rooming house register any other or different name than the true name of such person or the name by which such person is generally known. K. Hearing When Rooming House Permit is Denied. Any person whose application fora permit to operate a rooming ouse has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Act of Iowa City. L. Suspension of Permit. Whenever upon inspection of any rooming house the Housing Inspector finds that conditions or practices exist which are in violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the rooming house operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rooming house operator's rooming house permit will be suspended. At the end of such period the Housing Inspector shall re -inspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall suspend the 22 0 0 permit and give notice in writing to the operator that the permit has been suspended. M. Hearin When Roomin House Permit is Sus ended; Revocation of Permit. Any person w ose permit to operate a rooming Ouse as een suspended or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Iowa City Administrative Procedures Act, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the rooming house operator shall cease operation of such rooming house, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. Toilets and Lavator Basins. At least one (1) toilet, and one (1) lavatory basin in goo worcing con ition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family wherever they share the said facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (!z) of the required number of toilets. 0. Baths. At least one (1) bath, in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family whenever they share the use of said facilities. Location of Sanitar Facilities. Every toilet, lavatory basin, and bath s aBe ocate wit in a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside of the dwelling and without going through a dwelling unit or through a rooming unit of another occupant. Q. Minimum Floor Area for Slee in Prposes. Every room occupied for sleeping purposes by one 1 person shall contain at least eighty (80) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. MaximumOccu anc for RoomingUnit. No rooming unit consisting of only one a ita a roo-07 m s a e occupied by more than four (4) occupants. S. Numberin of '02TIE Units and DwellingUnits. Every rooming unit and every we ing um t in every rooming Fouse shall be numbered in a plain and conspicuous manner, the number to be placed on the outside of the door to such rooming unit or dwelling unit. No two (2) doors shall bear the same number. No number on any door of any rooming unit or other dwelling unit shall be changed to any other number without first securing the written approval of the Department of Housing and Inspection Services. 23 T. Residence of Children in Roomin Units Prohibited. No child under sixteen 6 years of age shall live or sleep in a rooming unit. U. Pre aration or Eatingof Meals in Roomin Units Prohibited. No occupant of a rooming ouse shall prepare or eat meals or store cooking utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that occupants may prepare and eat meals and store cooking utensils in a communal kitchen and may eat meals in a communal dining room in accordance with the provisions of Subsections 9.30.93 and 9.30.9.W. V. Communal Kitchens. A communal kitchen shall comply with the following requirements: 1. The minimum floor area of a communal kitchen shall be sixty (60) square feet; 2. The minimum floor area of a communal kitchen in which roomers are permitted to prepare and eat meals shall be one hundred (100) square feet; 3. A communal kitchen in which occupants are permitted to eat meals shall be supplied with one (1) dining chair and two (2) lineal feet of dining table space, in addition to the required surface area for food preparation required under paragraph 8 below, for each occupant of a rooming house who is permitted to eat in the kitchen at any particular time. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. 4. A communal kitchen containing less than one hundred (100) square feet of floor area shall not be used for the eating of meals. The eating of meals in a rooming house, prepared in such a kitchen, shall be restricted to a communal dining room which complies with the provisions of Subsection W. 5. It shall contain at least one (1) supplied kitchen sink of an approved type; 6. It shall contain at least one (1) supplied kitchen gas or electric range. Every supplied range shall have at least two (2) top burners and an oven; 7. It shall contain one (1) supplied refrigerator with an adequate food storage capacity; 8. It shall contain at least one (1) supplied table or other facility having a total surface area for food preparation of not less than six (6) square feet. The surface of each such table or other facility shall be suitable for the preparation of food, smooth, free of cracks, and easily cleanable; 9. It shall contain at least one (1) suitable supplied cabinet of adequate size and suitable for storage of food and eating and cooking utensils; 10. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitchen, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. 24 • • W. Commmnal Dininc�Rooms. Every rooming house, within which the occupant of Ty rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in Section Q, shall contain a communal dining room which complies with all of the following requirements: 1. Every communal dining room shall be located on the same floor of the rooming house as the communal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as is practicable; 2. Every communal dining room shall be located within a room accessible to the occupant of each rooming unit sharing such dining room, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant; 3. Every communal dining room shall' contain not less than eighty (80) square feet of floor area; 4. Every communal dining room shall be supplied with one (1) dining chair and two (2) lineal feet of dining table space for each occupant of a rooming house who is permitted to occupy such a dining room at any particular time. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. X. Postinq of No -Cooking Signs. The rooming house operator shall post in every rooming unit a sign on which shall be written or printed in letters not less than three -eights (3/8) of one (1) inch in height the following words: "No cooking Permitted in This Room", and such sign shall remain so posted at all times. Y. Bed Linens and Towels. The rooming house operator of every rooming house shall change supp ie bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The rooming house operator shall be responsible for the maintenance of all supplied bedding in a reasonably clean and sanitary manner. Z. Shades, Dra es, Etc.. Every window of every room used for sleeping shall e Supp to with sides, draw drapes, or other devices of materials which, when properly used, will afford privacy to the occupant of the room. AA. Sanitaw Maintenance. The rooming house operator of every rooming house shall a responsi le for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained, is leased or occupied by the owner. The occupant of every rooming unit shall keep his personal belongings contained within the unit in a clean, neat, and orderly condition so as to facilitate the ability of the operator to discharge his responsibilities for sanitary maintenance within every rooming unit as set forth in this subsection. BB. Garbo a Dis'osal or Storage. Adequate garbage and rubbish disposal facilities Tr storage containers whose type and location are approved shall be supplied by the rooming house operator. The rooming house operator shall be responsible for the disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. 25 CC. Hanging Screens, Storm Doors, Storm Windows. The rooming house operator of a rooining ouse s alla responsi le for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this ordinance or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service. Screens shall be hung not later than the first day of June each year. DD. Extermination of Pests. The rooming house operator of a rooming house shall be responsible for the extermination of any insects, rodents, or other pests therein; and he shall be futher responsible for such extermination on the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the rooming house operator. Notwithstanding the foregoing provisions of this subsection, whenever infestation of a rooming house is caused by failure of the owner to maintain the dwelling within which the rooming house is contained in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. EE. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every rooming house. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. FF. Heating Units Fire Protected. In every rooming house in which space is let to more than four 4 persons and served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive construction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. GG. Early Warning Fire Detection System. Every dwelling and rooming unit in rooming ouses s a11 be provided with a smoke detector as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. HH. Hazardous Storage. There shall be no transom, window, or door opening into a public hall from any part of a rooming house where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. II. Scuttles and Bulkheads. In all rooming houses where there are scuttles or bulkheads, t ey an all stairs or ladders leading thereto shall be easily accessible shall be easily accessible and shall be kept free from obstruction and ready for use at all times. No scuttle and no bulkhead door shall. at any time be locked with a key, but may be fastened on the inside by movable bolts or hooks. JJ. Skylight Access to Roof. Unless there is a bulkhead in the roof, there shall be over every inside stairway used by more than one (1) family, a skylight or scuttle not less than two feet by 3 feet (2'X3') in size. Every flat roof rooming house exceeding one (1) story in height shall have 26 0 0 at least one (1) convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet. KK. Safe Storage Required. Rooming houses shall provide for every rooming unit a fecilityy for the safe storage of drugs and household poisons. LL. Ways of Egress. Every rooming house shall have at least two (2) independent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fires Codes of Iowa city. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted with two (2) coats of paint. 27 • CHAPTER 9.30.10 • MULTIPLE DWELLINGS No person shall operate a multiple dwelling, or shall occupy or let to another for occupancy any dwelling unit in any multiple dwelling, except in compliance with the following requirements: A. Permit Required. No person shall operate a multiple dwelling unless he ho s a valid multiple dwelling permit issued by the Department of Housing and Inspection Services in the name of the operator and for the specific dwelling or dwelling units. Application for Perms The operator shall file, in duplicate, an application for multiple dwelling permit with the Department of Housing and Inspection Services on application forms provided by the Housing Inspector. The operator shall file with the permit application, an occupancy permit, issued by the Inspector of Buildings, for the operation of a multiple dwelling. Issuance of Permit and Occu an Record Card, Fees. When all applicable provisions of tis C apter an of any rules an regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the operator, the Department of Housing and Inspection Services shall issue a multiple dwelling permit and an occupancy record card upon the payment of a fee, the amount of which shall be the amount of which shall be fifteen dollars (515.00) for a multiple dwelling containing three (3) dwelling units plus ten dollars ($10.00) for each additional dwelling unit contained in said dwelling. The permit shall state the maximum number persons that may reside in the total of all dwelling units or portions thereof for which the multiple dwelling permit is issued. D. occupancy Record Card. Every occupancy record shall list the maximum number of persons tat may reside in the total of all dwelling units located in the dwelling for which the permit is issued. The occupancy record cards shall also list the maximum number of persons which may occupy each individual dwelling unit located in said dwelling. All of the dwelling units listed on the occupancy record card shall be located in such portions of the dwelling as are permitted to be occupied under the provisions of the occupancy permit files in accordance with the provisions of Sections B and E of this Chapter. Every multiple dwelling permit issued by the Department of Housing and Inspection Services shall be conspicuously posted by the operator in a public corridor or hallway or other public portion of the multiple dwelling for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the multiple dwelling by the operator in a place where such cards are readily accessible for examination by the Housing Inspector. E. Operator to Control Occupancy. No operator shall at any time allow a are numHr o persons to occupy the total of all dwelling units located within a multiple dwelling than the maximum number of persons listed on the multiple dwelling permit and the occupancy record cards. No operator shall at any time allow a greater number of persons to occupy any individual dwelling unit than the maximum number of persons listed on the occupancy record cards for each such dwelling unit. No operator shall at any time 28 permit any person to occupy any dwelling unit which is not listed on the occupancy record cards. F. Nontransferabilit of Permit. No multiple dwelling permit issued under the provisions of t is—CTapter shall be transferable and every operator shall notify the Department of Housing and Inspection Services in writing within twenty-four (24) hou;venafter awa haornotherwiseidispoed isedpofesuchhinterestor having sold , transferred, g Y control of any multiple dwelling, and shall file in writing with the Department of Housing and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. G. Relationshi of Permit to Buildi�Code. The issuance of a multiple dwelling perms ems—occupancy record card to any multiple dwelling shall not in any way signify or imply that the multiple dwelling conforms with the Fire Code or the Building and Zoning Codes of the City of Iowa City, Iowa. The issuance of a multiple dwelling permit shall not relieve the owner or operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. H. A licabilit of Other Sections of This Chapter. No person shall loperate a mu tip a we 11 11 un ess a of the requirements for dwelling units previously set forth in this Chapter are complied with. I. Hearin When Multi le Dwellin Permit is Denied. Any person whose application z for permit to operate a mu tiple we ing has been denied may request and > shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Act of Iowa - City. of J Suspensi filndsethatver ucondition onstornpracticesuexist whicharein violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the operator of such multiple dwelling that unless such conditions rected within a reasonable period, to be determined by or practices are cor the Housing Inspector, the operator's multiple dwelling permit will be suspended. At the end of such period, the Housing Inspector shall re- inspect such multiple dwelling and, if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that the latter's permit has been suspended. K. Hearin When Multi le Dwellin Permit is Sus enaea; icevucaci� ny person w ose permit to operate a mu tip all we ing as een suspen ed or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his multiple dwelling are corrected may requealsest aBoardnd aunder ll be thenprocedureted a rprovidedon hby the er before the Housing App provided that, if no petition Administrative Procedures Act of Iowa City, p for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to be automatically revoked. Upon receipt of notice of permit revocation, the e1operator se ofashallreas able cease operation of such multiple dwelling, andafter FE L M. 71 0. P. 0 0 period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. Numberin of Dwellin Units. Every dwelling unit in every multiple dwel- �nu T in plaanne cedhonithe outside ofnthe pdoor to suchlain and sdwellingicuous munitr dwellingo two Boonumber to bs shall bear the same number. No number on any door of any dwelling unit ing the written shall be changed to any other number without first secur approval of the Department of Housing and Inspection Services. Fire Extinguishers. Fire extinguishers suitable for the occupancy and whichwhtch a�Pprove byxthe Extinguishers sha11 berproperly shall ehungvand dshall in vbe multiple dwelling. 9 maintained in operable condition at all times. Heatin Units Fire Protected. In every multiplsystem, dwling theserved served yunit or common centra eatin system or water heating units shall be suitably enclosed with doo�se or ) r suchheatingeunitsyshallsbeuction including all walls, ceilings, enclosed in a room provided with a sprinkler system approved by the Fire Marshal. 0 Marshal. to Maintain Orderl Premises. The operator of every multiple dweFat ling 6hal at all times maintain the premises in an orderly and free of materials which are hazardous to life, health, or property. or Hazardous Stora e. Therarlhoflabe no multiplendwell�ingdwhererpaint,°oil,ng into a pub is hall from any p gasoline, or drugs are stored or kept for the purpose of sale or otherwise. t of Closets. In multiple dwellings shere,aserleadingdfromno cthe eentrance story to sheTl Fe constructed under any en and kept the upper stories, but such space shall be left entirely op clear and free from encumbrance. ed ter belanall rEntrance. Ine to theevercellaruor�othele rwlowest storyffrometheeoutsideeofhthe building. Scuttles and Bulkheads. al in nsall muor�laddersle lleadinghthereto ere rshall be e are uttles or bu ea s, t ey free from obstruction and ready for use easily accessible and shall be kepttime be locked at all times. No scuttle added bulkhethe ad doorbshall movable belts or hooks. with a key, but May be ead Soli he Access to sideUstairwanless y used re sby morehthan�oneh(1)°family, a skylight or scuttle not less than two feet by 3 three feet (2'X3') in size. Every flat roof multiple dwelling exceeding one (1) story in height shall have at least one (1) convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet. 30 • 0 U. Safe Stora a Re ii wired. Multiple dwellings shall provide a facility not easily accessi a to cldren for the safe storage of drugs and household poisons in every dwelling unit. V. lis of Egress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted with two (2) coats of paint. W. Earl Warnin Fire Protection Systems. Every dwelling unit within a mu tiple dwe ing s a be—lxrovided with smoke detectors as approved by the Fire Marshal. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. X. Sanitary Maintenance. The operator of every multiple dwelling shall be responsible for the sanitary maintenance of all walls, floors, and ceilings j and for maintenance of a sanitary condition in every other part of the multiple dwelling. Y. Garba a Dis osal or Storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved shall be supplied by the multiple dwelling operator. The operator shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. Z. Han in Screens, Storm Doors, Storm Windows. The operator of a multiple we ing s a e response a for ranging all screens and double or storm doors and windoes whenever the same are required under the provisions of this ordinance or of any rule or regulation adopted pursuant thereto, except where thw owner has agreed to supply such service. Screens shall be hung not later than the first day of June each year. 31 0 0 CHAPTER 9.30.11 ALTERATIONS A. No dwelling shall hereafter be enlarged or its lot diminshed, or other building placed on the lot, so that the rear yard or side yard shall be less in size than the minimum sizes prescribed herein for dwellings hereafter erected. B. An inner court hereafter constructed in a dwelling erected prior to the passage of this chapter, if extending only through one (1) or two (2) stories, shall be not less than six (6) feet by eight (8) feet in size; and if it extends through more than two (2) stories, it shall be not less than eight (8) feet by ten (10) feet in size. All inner courts shall be opened to the sky, without skylight, or roof of any kind. C. Any additional room or hall that is hereafter constructed or created in a dwelling shall comply in all respects with the provisions of this chapter with reference to dwellings hereafter erected, except that it may be of the same height as the other rooms of the same story of the dwelling. 0. No dwelling shall be so altered or its lot diminished that any room or public hall or stairs shall have its light or ventilation diminished in any way not approved by the Housing Inspector. E. No stairs leading to the roof in any multiple dwelling shall be removed or be replaced with a ladder. F. No dwelling shall be increased in height so that it exceeds one and one-half (1!;) times the width of the widest street on which it abuts nor in any case exceeds one hundred (100) feet. G. Except as specified above, no dwelling shall be so altered nor shall its lot be so diminished, nor shall any building be so placed on the same lot, as to cause the dwelling to be in violation of the requirements of this chapter for dwellings hereafter erected; nor shall any room, public hall, or stairs have its light or ventilation diminished in any way not approved by the housing inspector. H. All new skylights hereafter placed in a multiple dwelling shall be provided with ventilators having a minimum opening of forty (40) square inches and also with either fixed or movable louvers or with movable sashes, and shall be of such size as may be determined to be practicable by the Housing Inspector. 32 0 0 CHAPTER 9.30.12 REMEDIES A. Ins ector to Determine Occu ancy. The Housing Inspector maY Prohibit in any mu tip a wel ing or rooming house the letting of lodgings therein by any of the tenants occupying such multiple dwelling or rooming house, and may prescribe conditions under which lodgers or roomers may be taken in such dwellings. It shall be the duty of the owner to see that the requirements of the Housing Inspector in this regard are at all times complied with, and a failure to so comply on the part of any tenant, after due and proper notice for said owner or from theHousing Inspector, of shall ant anbetdeecancellation sufficient cause for the summary eviction of his lease. The provisions of this section may be extennd dessaryprivate dwellings and two (2) family dwellings, as may b Housing Inspector. D. Unfit for Habitation. Any dwelling, dwelling units, or rooming unit which shal a found Love 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 lack orventilation, which safetyof the occupantsnoraofltheeadequate pubic. ions on, is 3 oreowhich, bcause of therwiseedangerousito the healthnortsafetyrof the unsanitaryoccupantso of the public. C. Condemnation Procedures. The Housing Inspector shall leave a reasonable period of time, but not more than six (6) 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. 0. Vacate Condemned Dwelling. Any dwelling or any portion thereof condemned as unfit for human habitation and so designated and placarded by the housing y or as ordered by the Housing Inspector. Inspector shall be vacated immediatel ereof which E. To Re -Otto Connemneacareelnas unfitlfor lhumanrhabitationortion hshall again be usedeen con emne3 a d 'f— 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. F. Removal of Placard Prohibited. No person shall deface r remove een theconplacard from any dwe in dwelling unit, or rooming unit ned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.14.E. 33 4 0 0 CHAPTER 9.30.13 RETALIATORY CONDUCT PROHIBITED A. Retaliatory Conduct Defined. Retaliatory conduct is an increase in rent or other fees, a decrease in services, a termination or threat of termination of a rental agreement, the bringing or the threat of bringing an action for possession which is the result of the tenant doing any one of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a safety or health code of a violation applicable to the premises materially affecting health and safety; or 2. The tenant has complained to the owner or operator of such a violation; or 3. The tenant has organized or become a member of a tenant's union or similar organization. B. Presumption of Retaliator Conduct. In any action by or against the tenant, evidence of a comp aint or other protected activity within six (6) months before the action creates a presumption that the conduct on the part of the owner or operator was retaliatory in nature. This presumption does not arise if the tenant engaged in such protected activity after notice of a proposed rental or fee increase, diminution of services or termination of rental agreement. "Presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistenance. C. Owner's Rights. Notwithstanding other provisions of this ordinance, an owner or operator may increase rent or other fees, decrease services, _ terminate a rental agreement, bring an action for possession or act otherwise upon a showing of, but not limited to, the following: 1. The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of correcting such condition or conditions. 3. Compliance with applicable safety or health codes require a reduction in services or an alteration, remodeling, or demolition which would effectively deprive the tenant of use of the leased premises. 4. The tenant is in default in rent. D. Tenant Defense. If the owner or operator acts or engages in retaliatory con uct as efined, the tenant has a defense in any action against him for eviction. In addition, the tenant may recover possession or terminate the rental agreement. If the rental agreement is terminated, the owner or operator shall return any and all amounts already paid by the tenant to which the owner or operator is not legally entitled. 34 City Council • • Public Hearing M & 0 Code Tuesday, October 18,1977 Stephen D. Lombardi, Housing Commission Members of the Staff, Council, and Community, I have concerns about the maintenance and occupancy code that should be dealt with. To start off it would be right that Dike Kucharzak should let the voters know what is the cost of this ordinance. If I am to truely believe what youv'e said about substantially enforcing this code it would seem to me that the costs would skyrocket. For instance how much will bethe cost to the city to enforce members of the community to register as a licensed rooming house operator?;i_or to en4orce every premise to be dust -free (sec. 9.30.7D)_i Is it legal and what expenses are associated when the city requires a resident to register as a rooming house operator? Requiring smoke detectors in every apartment?; or to enforde the provision that "No operator...allow a greater number of persons to occupy any individual dwelling unit than the maximum number of persons listed on the occupancy record card...; and what about the occupancy record card. iIs George Orwell to become an historian?-' What if no one wants to be the operator nor have his name listed? Do you hire someone to enforce this provision or do you pay the operator? If the operator does "Control the Occupancy", is he/she liable for enforcement of the code, is the city, and if it is neither of the two, one,of both who is liable for actions of tht operator while carrying out enforcement? I ask you is the operator an agent of employee of the city? Chapter 613A- Tort Liability of Governmental Subdivisions. "Every municipality is subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment of duties. ..."employee includes a person who performs services for a municipality whether or not this person is com- pensated for the services... 613A.8- Officers and Employees Defended. "The governing body shall defend any of its officers, employees and agents,...shall save harmless and indemnify such officers, employees and agents against ,. . • • Page Two M & 0 Brief any tort claim or demand, whether groundless or otherwise, arising out of an/alleged act or ommission occurring within the scope of their employment or duties." Again I ask you—by state law is the operator an agent or employee of the city? What exactly is the city liable for? I£ the residents refuse to select an "operator" will you refuse the landlord a permit? dill the landlords require the leasee to become the operator? Is the city indirectly influencing lease provisions? If the landlord has to pay an operator the rents will surely increase. There are many unamswered questions pertaining to legal and economic issues. My feeling as the Vice Chairman of the Housing Commission is that Mike should put forth a detailed budget such as the one he construed for the landlord -tenant ordinance. This would be fair and just. Before closing I've two other points to make. One has to do with section 9.30.3.H, Board Modifications. 4hile this section creates flexibility it would seem unnecessary. The intent of this section attempts to undermine the state code. This ordinance is said to mirror the state code while substantially enforceing the minimum housing standards. With section 9.30.3.H you eliminate an entire section. In all, seventeen sections are virtually unenforceable. I don't know about you, but to me this is not a mirror, but a mirage. If we are to consider the Board as an elected body, there can be merit by majority rule. I hope you will consider the Board in light of democracy, not private interests. I thank you and ask that the Commission receive a budget and legal.iopinion in the very near future. Earnqatly yours, Step1 hen. Lombardi, Commissioner 619 N Johnson