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HomeMy WebLinkAbout1978-02-28 Info Packet1•11 t,i<W iL;•I,.0 by JURM MIC RULAb I.CUAt( rfAriU� AIIU JL.. '...� City of Iowa Cif MEMORANDUM DATE: February 23, 1978 TO: John Hayek, City Attorney FROM: Angela Ryan , Asst. City Attorney 0t," RE: proposed Minimum Housing Code I would like to point out some possible inconsistencies between the proposed Minimum Housing Ordinance and Chapter 413, Iowa Code. Chapter 413 contains a number of regulations, for example, yard requirements, that have been omitted from the proposed ordinance. Section 413.9 states: 413.9 Minimum requirements - power of cities. The provisions of this chapter shall be held to be the minimum requirements adopted for the pro- tection of health, welfare, and safety of the community. Nothing herein contained shall be deemed to invalidate existing ordinances or regulations of any city or county imposing re- quirements higher than the minimum requirements laid down in this chapter relative to light, ventilation, sanitation, fire prevention, egress, occupancy, maintenance and uses for dwellings; nor be deemed to prevent any city subject to this chapter from enacting and putting in force from time to.time ordinances and re- gulations imposing requirements higher than the minimum requirements laid down in this chapter; nor shall anything herein contained be deemed to prevent such cities from prescribing for the en- forcement of such ordinances and regulations, remedies and penalties similar or additional to those prescribed herein. Every city subject to this chapter is empowered to enact such ordinances and regulations and to prescribe for their enforce- ment; and to enact such other ordinances pertaining to the housing of the people, not in conflict with the provisions of this chapter, as shall be deemed advisable by the city council. No ordinance, regu- lation, ruling, or decision of any municipal body, officer, or authority shall repeal, amend, modify, or dispense with any of the said minimum requirements laid down in this chapter, except as specifically provided herein. yzy T`- sncunnuaul By 1 JORM MICR6LAO rrl)Au PAT: V MilUkUi 1LA0 DY JOkM 11ICkOLAB John Hayek Page 2. Since S 413.9 imposesa statutory duty on the City to enforce these provisions, it would seem advisable to include them in the local ordinance. I agree with the Commission that some of them seem antiquated. You will notice that S. 413.9 states that the City may not vary nor amend any of the provisions of the statute. Specific sections of Chapter 413 grant some discretion in the enforcement of certain provisions if the structure was constructed prior to the enactment of Chapter 413. However, the language of 9.30.3H which authorizes variances when literal enforcement of the pro- vision will result in practical difficulty or unnecessary hard- ship would seem in conflict with state law since it does not limit variance to buildings constructed prior to the enactment of Chapter 413 and to specific provisions. The proposed provision is similar to the language of Chapter 414 for variances which is not applicable. S 413.123 states that inspect multiple dwellings all dwellings as frequently inspections at any time on person concerned. the official so designated shall at least once a year and shall inspect as may be necessary and shall make complaint of the owner, tenant or other S 9.30.3D states that if a person refuses entry and if the Housing Inspector has reasonable grounds to believe that a vio- lation exists, the Inspector shall apply to a Judicial Magistrate for an Order. It is likely that a landlord would argue that a complaint from a tenant is not sufficient to give the Inspector reasonable cause to seek an Order, and therefore, the City would be hampered in making inspections required by S 413.123. It would seem that the requirement that the Inspector make an effort to locate the owner and the person having charge would hamper the City from making inspections required by State Law. You will notice that S 413.9 states that the City may impose higher requirement for light, ventilation and sanitation; it does not state that the City may impose a different procedure for en- forcement. S 364.6 states: "A city shall substantially comply with a procedure established by a state law for exercising a city power." S 9.30.3J.1 requires the City to provide for a judicial hearing not ex parte after an emergency eviction order. This imposes a much more difficult procedure than 413.113 and 114 which merely authorizes the Inspector to seek an injunction. In addition, it will be almost impossible for the City to arrange for such a hearing within 24 hours due to the schedules of the District Court judges. rl MICROP I L1410 BY JORM MICR(�LAB rrnnv pnr�n . ,rs •nnrlt�. 5 �r 141CROFILMED BY I JORM MICR+LAB (fI)AR PA" In'.. oCt !40IaF5 0 m'', �..v ULrAU • .rr .. �. FORMAT This study guide is designed to assist the Council in comparing the draft of the Housing Occupancy and Maintenance Code as it was presented to Council in October, received a Public Hearing and was referred to the Housing Commission for comment (goldenrod), against the Housing Commission rewrite (pink). The study guide deals with each chapter by heading, indicates the proposed change in numerical sequence (change 1: etc.), followed by the original (goldenrod) version, followed by the Housing Commission rewrite or suggested change (i.e. delete section, correct typo error, etc), followed by the staff recommendation. By in large the staff concurs in the changes as suggested, however, where the staff disagrees with a proposed change, the type style has been changed to italics to help the Council focus in on areas requiring direction to the staff. The staff looks forward to sharing their concerns and explanations in more detail at the informal Council session on February 27. We are confident that given some clarification and direction from Council on select points, that a final code can be completed in a week. DORM MICROLAS CHAPTER 9.30.2 DEFINITIONS Change 1: Bedroom shall mean a habitable room within a dwelling unit which Ts 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. Bedroom - not a necessary definition, delete it. The Staff recommends the Council concur in the deletion of the definition of bedroom. Change 2: Egress shall mean an arrangement of exit facilities to assure a safe means of exit from buildings. Egress shall mean an arrangement of exit routes to assure a safe means of exit from buildings. The staff recommends that the Council concur in the substitution of routes for facilities. Change 3: Family shall mean one (1) person, two (2) or more persons related y blood, marriage, or adoption, including legally assigned foster children, occupying a living unit as an individual house- keeping organization. Family - One person or two or more persons related by blood, marriage, x or adoption occupying a living unit as an individual, housekeeping organization. A family may also be two, but not more than two persons not related by blood, marriage or adoption. The staff recommends that the Council not change the definition of family for the previously submitted draft for the following reasons: Although the zoning code of Iowa City presently has the definition of family as stated in italics above, the new zoning code will be presented to Council with the definition of family as stated in the previously submitted draft. The need to clarify the definition of a family must seem strange to the general public since the average citizen can define family in terms similar to the proposed definition. However, since we are discussing the definition in the context of an ordinance, the definition takes on special meaning. If we say that "a family may also be two, but not more than two persons not related by blood, marriage or adoption," then later in the code when we state the following: 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 famil occupying the dwelling unit. Later in the code we define a rooming house as: DORM MICROLAB Rooming House shall 1. n any dwelling, or that part o, .ny dwelling, containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. Therefore, a single family dwelling or dwelling unit can be occupied by one family and two roomers in all the R Zones of the existing zoning ordinance. Now comes the problem, if a family is two non -related people living together, and they in turn can take in two more non -related people, by definition we have two "families" occupying and single family residence. This violates the zoning ordinance, creates problems from neighboring "families" and offends a sense of logic. Change 4: Infestation shall rodents, the presence, within or around a dwelling, n Infestation - shall mean the presence, within or around a dwelling of any insects, rodents, or other pests, which poses a clear threat to health or safety. toeinstaff cluderecommhich posestaeclearcil not threat toange healtheordefinition of infestation safety." To require the Housing Inspector to prove a clear threat to health and safety is a door opener for some legal gymnastics in court cases that will jeopardize the enforcement of the code in ROACH, RAT or often infestation cases. Change 5: Refuse shall n bodywase)including atra nd non-putrescrible solids excepthuman garbage, rubbish, ashes and dead animals. Refuse - shall mean waste materials (except human body waste) garbage, rubbish, ashes and dead animals. concur in the deletion of putrescrible including The staff recommends that the Council and non-putrescrible. Plumbiml shall mean and include all of the followiequipmplied acilities and equipment: gas pipes, gas -burning 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. Plumbin shall 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, sewer or gas lines. The staff recommends that the Council concur in the deletion of "public" from the last line to allow for septic system installations. Change 6: JORM MICROLAB ,W Change 7: RoomingHouse Operator shall mean any person who rents to another Er who has custody or control of a building, or part thereof, in which he resides and in which rooming units are let. Rooming House dy Operator shall mean any person who rents to another or who has custoor control of a building, or part thereof and in which rooming units are let. The staff recommends that the Council not change the wording from the previously submitted draft for the following reasons: It is a common practice in Iowa City for rental property to be let to 4, 5 or 6 non -related tenants sharing a common dwelling. Inasmuch as the present code as well as the proposed ordinance would require a rooming house license, the owner is granted the license. Rarely does the owner reside on the premises and often lives out of the City or state. The absentee owner/rooming house operator situation is the most difficult arrangement in which to achieve compliance with nusiance complaints, such as rubbish, trash, garbage, parking violations, housekeeping, etc. Even the routine annual licensing of the rooming unit often involves long distance phone calls, numerous appointments, weekend or overtime staff calls, etc. If a 'prime tenant' would be designated as rooming house operator by obligating his/her residence in the structure or unit licensed, the majority of the administrative problems of enforcing the ordinance or conducting annual inspections would be minimized. We do not anticipate a problem in tenants sharing units inasmuch as the current practice of group homes or shared apartments can continue, however, the code would simply require that one person apply for the rooming house permit, assume responsibility for the management of the unit and then sublet the unit as he or she pleases. The paperwork in licensing the rooming unit would be the same as present practice, just the names and residences would change, so no additional cost or burden to the City would be realized. Change S: Rubbish shall mean non-putrescrible waste material consisting of combustible and/or non-combustible materials. Rubbish shall mean waste material consisting of combustible and/or non-combustible materials. The staff recommends that the Council concur in the deletion of the word non-putrescrible from the first line. Change 9: Supplied shall mean paid for, furnished, provided by, or under M control of the owner or operator. Supplied shall mean paid for, furnished, provided by the owner or operator. The staff recommends that the Council not change the wording from the pre- viously submitted code since the staff feels that "...under the control of," provides a necessary additional phrase for clarification and pro- tection in the case of "operator" citation such as in violation of rooming houses, multiple dwellings having "operator" type arrangement with tenants or management firms. 3 DORM MICROLAFB :� X01 . . '.i 1, ,,, CHAPTER 9.30.3 INSPECTION AND ENFORCEMENT Change 10: Enforcement Notice: A. Authorit . The Housing Inspector is hereby authorized to a m nister 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. Enforcement Notice: A. Authority. The Housing Inspector is hereby authorized to administer and enforce the provisons of this Code, and to make inspections to determine the condition of dwellings, dwelling units, rooming units, structures, and premises located within the City of Iowa City, in order that he/she may perform his/her duty of safe- guarding the safety and welfare of the occupants of dwellings and of the general public. The staff recommends that the Council concur in the deletion of the words "mobile homes" from the third line. The reason for the deletion is that mobile homes, especially old units, will not comply with the basic standard requirements for dwellings as prescribed in Chapter 9.30 or State law 413. i.e., ceiling height 71611, and numerous others. to make an Change 11: C. Reorcefany of thehproveisionseofathisoCode, or whenever the o 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 repre- sentative 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 occuped, he/she shall first make a reasonable effort to located the owner or(,other person having charge or control of the building or premises and request entry. The Housing Inspector or authorized repre- sentative 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. q. Explain tfeis ntry Housing ector may aplyooaMagisratefor an OrdertoAlowIspection. JORM MICROIAB Hight of L. ey. Wherever necessary to maks I insepction to enforce any of the provisions of this Code, or whenever the Housing Inspector or his/her authorized representative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structure, or premises any condition which makes ouch unit or prcmiscn in violation of any provision of this Code, or in response to a complaint that an alleged violation of the provision of thio Code or of applicable rules or regulations pursuant thereto may exist, the Housing Insepctor or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the sane 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�d)other person or persons having charge or control of the building or premises and request entry. The Housing Inspector or authorized represen- tative 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. The staff suggests that the Council not change the wording of this section from the previously submitted version for the following reason: If an owner must be contacted and permission sought before an inspection can be conducted, the result will work a hardship on tenants who wish to file complaint about their housing conditions, and/or consult with the Housing Inspector without the owner knowing about the call. Annual inspection will also be less effective since most tenants are reluctant to inform the Housing Inspector about defective elements in the dwelling if the owner is present. It is common practice for the Inspector to ask the occupant questions such as, Do all your lights, switches and outlets work?"; "Do you get enough heat in the rear bedroom?"; "Do you have any problem with rats, mice or roaches?" etc. It would take a brave tenant, or one that is planning to leave, to answer in the positive to any of those above questions if the owner was present. Change 12: 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. JO RM MIC ROLA B D. Order to ow Inspection. If consent to deet the building is withheld by any person or persons having the Zauful right to exclude, and if the Housing Inspector has reasonable grounds to believe that a violation exists or if an annual inspection as required by Iowa lam is due, the Housing Inspector shall apply to a Judicial Magistrate for an Order. The staff recommends that the Council not change the wording of this section from the previously submitted document for the following reason: The new language is designed to create problems in seeking order to inspect whereby, the Inspector will have to show "reasonable grounds to believe that a violation exists," and is further limiting by the provision of "...an annual inspection as required by Iowa law." This fails to deal with the fact that 9.30 is a local ordinance not a State law. The staff feels that the facts presented and the decision to issue or not to issue an order to inspect properly rests with the Judicial Magistrate and should not be limited by this Chapter. Change 13: E. Penalty. No owner or occupant or any other person having charge, care, or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of an Order to Allow Inspection or a Search Warrant, to properly permit entry therein by the Housing Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to this Chapter. Any person violating this subdivision shall be guilty of a misdeameanor. Penalty No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of an Order to Allow Inspection or a Search Warrant, to properly permit entry therein by the Housing Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to this Chapter. Any person violating this subdivision shall be fined not more than $100.00 or imprisoned in County Jail for not more than thirty (30) days. The staff recommends that the Council concur with the change in the last line to substitute the actual penalties of a misdemeanor rather than simply stating that the violation constitutes a misdemeanor. Change 14: G. Service of Notice. Whenever the Housing Inspector determines that there has been a violation, 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; Allow a reasonable time for the performance of any act it requires; J017M MICROLA6 Be served upon the owner, or I..a 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 by him by posting a copy thereof in a conspicuous 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. Service of Notice. Whenever the Housing Inspector determines that there has been a violation, 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 conspicuous 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. 6. Such notice shall be effective notice to anyone having interest in the property whether recorded or not at the time of giving such notice; and shall be effective against any subsequent owner of premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the Department of Housing and Inspection Services. .IORM MIGROI.AF3 The staff recommends at the Council concur in the a% 'tion of 6 above. This subsection WOOL allow for continuous enforcemen, ,f a violation when ownership changes. Change 15: H. Appeals. Any person affected by any action, notice, interpretation or order 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.II 9.30.11.B 9.30.11.F 9.30.5.0 9.30.10.S 9.30.11.0 9.30.11.G 9.30.5.G.I.0 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; H. Appeals - Any person affected by any action, notice, interpretation or order 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 provisions of this Chapter 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; 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 with a reasonable period of time as determined by said Board. (Elimination of all subsections, noting that 413 cannot be modified.) The staff recommends that the Council concur in the rewording of Section H. The original wording would have allowed the Housing Appeals Board to grant variances in the case of unnecessary hardship (age of owner, economics, no threat to life, safety or health). However, our legal counsel and the Housing Appeals Board have currently indicated that to grant a variance would violate state law Chapter 413. Change 16: J. Emergency rs Orde. Whenever the Housing Insepctor, in the enforcement of this Chapter, 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. J O R M MIC ROL AR 1, Heartn Any person to whom such order is directed s a comply therewith, but upon petition to the Board shall be affordea a hearing as prescribed i n this depending Chapter. After such hearing, 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 Notwithstanding other provisiinspectorof this shChapteall be regarded , every notice served by the Housing as an order. cmnrnancy Orders. Whenever the Housing Inspector, in the enforce- meat o f— immediate Chaon pter, find protect thatpublicehealth or�safety,sts chermay,res 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 forth- with and make repairsthasebeenall not compliedewithccuied unti Notwithstanding othere order to provisions of this Chapter, such order shall be effective immediately, or in the time and manner prescribed by the order itself. Judicia� l NJudicial within the twenty-four (24) emergency eviction order. Hearing shall be required hours not exap rte after such is ed Hearin therewith>Any son buttuponopetitionrtorthe Boardtshallabe comp y 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 or with, such Board shall nnue uch provisorder ionsrof this modifChapter, revoke it. Notwithstandidingg other every notice served by the Housing Inspector shall be regarded as an order. The staff recommends that the Council previously submitted draft. The need the staff and has not been a problem not change the wording from the for this paragraph is not clear to in the past. DORM MICROL 4R CHAPTER 9.30.5 MINIMUM STANDARDS FOR LIGHTING VENTILATION ANO HEATING Change 17: No person shalldWe��Pn aor°poortioncthereof,rforlet the purpose offor occupancy, any 9 living therein which does not comply with the following requirements: The staff recommends that the Council concur in the above wording to be included as an introductory statement to the section. Change 18: H. 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 t Fahnheit,he C) at a distance of three (3) feeabove el 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. D. 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 sixty-eight (68) degrees Fahrenheit (20 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. The staff recommends that the Council concur in the change of 70 degrees Fahenheit to 68 degrees Fahrenheit and 21 degrees Centigrade to 20 degrees Centigrade. 10 JORM MICROLAI3 CHAPTER 9.30.6 MINIMUM SPACE USE AND LOCATION REQUIREMENTS Change 19: E. Direct Access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit. D. Direct Access. Access to each dwelling unit or rooming unit sha not require first entering any other dwelling unit or rooming unit except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure. The staff recommends that the Council concur in the addition of "...except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure." Change 20: F. Basement S ace Ma Be Habitable. No basement space shall be use as a a ita 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. E. Basement Space May Be Habitable. 110 basement space shall be used as a habitable area unless: 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 9.30.5.0.1. a. 3. There shall be appurtenant to such room the use of a toilet room. The staff recommends that the Council not change the language from the previously submitted code because the requirement of ceiling heights is a mandatory code requirement of State Law Chapter 413 and a local municipality cannot write a code that requires less than the State law. DORM MICROLAO CHAPTER 9.30.7 RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE F DWELLINGS ND DWELLING UNITS Change 21: A. Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk, 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. A. Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk, and every window, door and other aperature covering shall be maintained in good condition. 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. There shall be no exposed cracks or openings in or around door frame. All windows and doors, and their frames, shall be constructed and maintained in weather- proof condition. The staff recommends that the Council concur in the change by adding the sentence "There shall be no exposed cracks or openings in or around door frame." between the two existing sentences. Change 22: D. Gradin Drains e, and Landsca in of Premises. Every premise sha be grade an drains so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary,-er_osin� cee., 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 premise] is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the ab o a 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) Grading and Drainage of Premises. Every premises shall be graded and drained so no stagnant water mill accumulate or stand on the premises, and every premises shall be continuously maintained in a safe and sanitary condition. The staff recommends that the Council not change the wording in the code previously submitted. The public often calls the Housing Inspector with complaints about water drainage from neighboring properties, erosion onto private property or public facilities such as sidewalks, dust and weeds. Often the staff must inform the citizen that no city ordinance covers the particular complaint and civil remedies have to be pursued. The previous code wording would allow the staff to enforce erosion, dust and standing water problems as they arise. 12 JORM MICROLAB In addition, the code would follow along with the intelt of the zoning code which states that parking shall be paved with a permanent, dust -free surface, that screening and landscaping be provided for parking, that earth mound screening shall be continuously maintained and that dust and other particulate matter cannot be emmitted from a flue stack. The staff feels that that part of the property not in parking or screening should also be required to be dust -free, erosion free and maintained in proper grade. No other ordinance available to the staff can meet these property maintenance requirements. Change 23: 0. Owner to Let Clean Units. No owner shall occupy or let for occupancy any vaca— nt welling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. 0. Owner to Let Clean Units. No owner shall permit occupancy of any vacant dwelling unit or rooming unit unless it is sanitary and fit for human occupancy. The staff recommends that the Council concur in the rewording of this sentence to correctly reflect that the code section is concerned that rental property be sanitary prior to being occupied. Change 24: 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. P. Maintains Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a safe and sanitary condition the shared or public areas of the dwelling and premises thereof. The staff recommends that the Council concur in the addition of the words "in a safe and sanitary" rather than just in a sanitary condition. 13 DORM MICROL_AD CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE hIAINTENANCE OF DWELLINGS AND ROOMING UNITS Change 25: F. Electrical Wirier. No temporary wiring or extension cords shall be use ing units. F. Electrical Wiring. No temporary wiring or extension cords shall be use except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms or similar apertures in structural elements or attached thereto. The staff recommends that the Council concur in the change as suggested allowing the use of extension cords in controlled instances. The staff still feels that extension cords are dangerous, often misused and a potential fire hazard. The staff suggests that if extension cords are in use, additional outlets should be installed, however, the provision could be recon- sidered in the next code revision after the public is better educated to the dangers of extension cords. 14 ,IORM MIGROLA9 CHAPTER 9.30.9 ROOMING HOUSES Change 26: B. A lication for Permit. The rooming house operator shall file, in duplicate, an app ication 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 and 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. 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. Operator to Control Occupancy. No rooming house operator shall at any time allow 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 card for each such unit. 15 JOI4M MICROL.AE3 crr Nontl_.lsferabilit of Permit. No roorl,,,Ig house permit issued un er the prov Bions of this 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. 9.30.9.B. Application for Permit - Deleted 30.9.C. Issuance of Permit and occueancy Record Card Fees 30.9.D. Occupancy Record Card - Deleted 9.30.9.E. Operator to Control Occupancy - Deleted 30.9.F. NontrnaeferabilitY of Permit The staff recommends that the Councilnot delete 9B, 9C, 9D, 9E and 9F from the code as suggested by the Housing Commission. The staff feels that the occupancy Record Card, the procedures outlined for application for permits, fees, nontrans- ferability of the permit and the requirement that the rooming house operator be responsible for maintaining the occupancy of the rooming unit under his/her control are sections that are necessary to assure some control in the field administration of the licensing procedure. Without the requirements as stated above it will be impossible to effectively control rooming house operations from overcrowding, illegal conversions and change of management and its inherent responsibility (and new application fee). Potential roomers would be given a degree of consumer protection by requiring that the permit and occupancy record card be posted so that the consumer/renter licensed unit, that his lease arrangements will know that first the unit is a are in accord with the laws affecting rooming houses and their occupancy and that the permit is valid. ) of Permt to Change 27: G. Relationhouse permitiand occupann issuance ue ship ord cardtoanyroomof ing roominghouse 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 a rooming house permit shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. G. Relationship of Permit to Building Code. The issuance of a rooming house permit 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 a rooming house permit shall not relieve the owner or rooming house .�_. „c fha rpcnnnsibilitY for compliance with said Fire, Building, Deleted _ Deleted and Zoning Codes. 16 DORM MICROLAO The staff suggests tnut the Council concur in the delt:,ion of the words "...and occupancy record card," from the second line of this section. The staff agrees that the permit is the important document and the occupancy record card is subject to the permit. Change 28: I. Keeping of Register. Every person to whom a rooming house permit has been issued shall at all 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 PH' be written in any roaming house register any other or different name than the true name of such person or the name by which such person is generally known. The staff suggests that the Council concur in the deletion of I. Keeping of Register and J. Entry of True Name In Register from this section. The register is a valuable tool in obtaining names of occupants for housekeeping type violations, and is often required by Fire Marshals to assist in evacuation in case of fire, however, the suggestion was made that it places more paperwork on operators and looks like a transient or hotel operation rather than the permanent residence operation that are characteristic of Iowa City. Change 29: R. Maximum Occu anc for Roomin Unit. No rooming unit consisting of only one habitable room shall be occupied by more than four (4) occupants. Numbering of Rooming Units and Dwelling Units. Every rooming unit and every dwelling unit in every rooming house 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. Residence of Children in Roomin Units prohibited. No child un er sixteen, 6 years o age s a iv or seep in a rooming unit. The staff recommends that the Council concur in the suggestion that R. Maximum Occupancy for Rooming Unit, 5 Numbering ^ofllRoominpgAhgits. nd be a ete from the code. The staff agrees that R. Maximum Occupancy for Rooming Unit, is covered adequately elsewhere in the code. S. Numberino of Rooming Units and Dwelling Units would 11 ,IORM MICROLA6 be of benefit to tht .ispector, however, it is not cr ical to the enforcement and we would expect most operators to provide some sort of identification in large buildings to enable tenants to receive guests or deliveries. Change 30: 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 (1001 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; 18 JORM MICROLAB 10. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit shar- ing the use of such kitchen, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. V. Communal Kitchens. A communal kitchen shall comply with the follow- ing 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 room- ers are permitted to prepare and eat meals shall be one hundred (100) square feet; 3. It shall contain at least one (1) supplied kitchen sink of an approved type; 4. 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; 5. It shall contain one (1) supplied refrigerator. 6. 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 such table or other facility shall be suitable for the prepara- tion of food, smooth, free of cracks, and easily cleanable; 7. It shall contain at least one (1) suitable supplied cabinet of adequate size and suitable storage of food and eating and cooking utensils; 8. Every communal kitchen shall be located within a room ac- cessible 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. The staff recommends that the Council concur in the deletion of 3 and 4 detailing communal kitchens from the above subsections and that number 7 be shortened by deleting ". . . with an adequate food storage capacity". The staff feels that the definition of kitchen will suffice to prevent abuse of this provision. 19 JORM MICROLAB Change 31: W. Communal Oinin Rooms. Every rooming house, within which the occupant of any 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 pro- vided 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 par- ticular time. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. W. Communal Dining Rooms. Every rooming house, within which the oc- pant of any roo cuming 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 con- tain a communal dining room which complies with all of the follow- ing 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 with- out 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. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. 20 JORM MICROLAB .� V �P'� �.. _, ter. C, • ... ... The staff recommends that the Council concur in the revision of W.4. by deleting the spacial requirements for table space and the provision of a chair. The staff feels that the subsection isn't worth fighting about! Change 32: X. Postin 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 in height the following words: "No Cooking Permitted in This Room", and such sign shall remain so posted at all times. X. No Cooking in Rooming Units. The operator shall prohibit the cooking and preparation of food in every rooming unit. The staff recommends that the Council concur in the rewording of the sub- section as indicated above. The responsibility for the no -cooking or eating provision now shifts from the occupant to the operator but as long as we retain resident operators, the staff does not anticipate any problems of enforcement. Change 33: Y. Bed Linens and Towels. The rooming house operator of everya rooming house s change supplied 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. The staff suggests that the Council concur in the recommendation that Y. Bed Linens and Towels be deleted from the code. Recent licensing experience has proven that rooming houses operate with roomers providing the linen, not the operator. Change 34: CC. Han in Screens, Storm Doors, Storm Windows. The rooming ouse operator of a rooming house shall be responsible 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. CC. Hanging Screens, Storm Doors, Storm Windows. The owner of a — rooming house s a e response a forproviding and hanging all screens and storm doors and windows whenever the same are required under the provisions of this ordinance. Screens shall be provided not later than the first day of June each year. The staff recommends that the Council concur in the rewording of this sub- section to delete the operator and substitute the owner as responsible party for hanging screens or storm equipment. 21 DORM MICROLA9 The staff agrees that the code provision will not be compromised and that the owner and operator can fight it out on their own. Change 35: DD. Extermination of Pests. The rooming house operator of a rooming Ouse s a e responsible for the extermination of any insects, rodents, or other pests therein; and he shall be further responsible for such extermination on the entire premises where the entire structure or building with- in which the rooming house is contained is leased or oc- cupied by the rooming house operator. Notwithstanding the foregoing provisions of this subsection, whenever infesta- tion 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 con- dition, extermination shall be the responsibility of the owner. DD. Extermination of Pests. The owner of a rooming house shall be response a for t e extermination of any insects, rodents, or pests therein. The staff recommends that the Council concur in the rewording of this sub- section to place the responsibility on the owner rather than the operator for the extermination of rooming houses. The staff does feel that the old wording added some more detailing language, however, the intent of this section will still be met with the suggested rewording. Change 36: HH. Hazardous Stora e. There shall be no transom, window, or oor 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 are scuttles or u k eads, they leading thereto shall be easily kept free from obstruction and No scuttle and no bulkhead door with a key, but may be fastened bolts or hooks. rooming houses where there and all stairs or ladders accessible and shall be ready for use at all times. shall at any time be locked on the inside by movable JJ. Skvlioht 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 room- ing house 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. LL. Was of Egress. Every rooming house shall have at least two in ependent ways of egress from each floor level as approved by the Fire Marshal. 22 DORM MICROLAS 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. intained in a 2 lrepair andshallbegress afreell eofaobstruction at all ood state ofmeans of all times. rooming house 3 then owner fshallshave sthem aproperly painted with s Wheever on withtwo (2) coats of paint. The Housing Cormni,ssion suggests deleting HH., JI., JJ., and LL. The staff suggests that the Council not delete HH Hazardous Storage, II. Scuttles and Bulkheads, JJ. Sk Ii ht Access to Roof, Y Egress because these are specific co a requirements of the State Housing Code, Chapter 413 and we must reflect them in our local ordinance, The staff considered ts. How the above provisions onlynarehmandatede items tby-1tate ltipleeand�room- ing houses. Of"I •. ,.. .. I CHAPTER 9.30.10 MULTIPLE DWELLINGS Change 37: B. Application for Permit. The operator shall file, in dupli- cate,— an aPPlicat n IV[ multiple dwelling permit with the Department of Housing and Inspection Services on applica- tion 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 anc Record Card, Fees. When all app ca a provisions of this C apter and of any rules and regulations adopted pursuant thereto, and other appli- cable 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 occu- pancy record card upon the payment of a fee, the amount of which shall be the amount of which shall be fifteen dollars ($15.00) for a multiple dwelling containing three (3) dwell- ing 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. Occu anc cord Card. Every occupancy record shall list the maximumRenum er of persons that may reside in the total of all dwelling units located in the dwelling for which the permit is issued. The occupancy record cards shall lso list the maximum number of persons which may occupy each All of individual dwelling unit located in said dwelling. 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 dwell- ing by the operator in a place where such cards are readily accessible for examination by the Housing Inspector. Operator to Control Occupancy. No operator shall at any Me a low a greater number of 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 oc- cupy any individual dwelling unit than the maximum number 24 JORM MICROLAB .A)"" ...:.J� ".. of persons listed on the occupancy record cards for each such dwelling unit. No operator shall at any time permit any person to occupy any dwelling unit which is not listed on the occupancy record cards. Nontransferability of Permit. No multiple dwelling permit issue under t e provisions of this Chapter shall be trans- ferable and every 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 dis- posed of such interest or 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. Numberinc of Dwellin Units. Every dwelling unit in every multip a we ing sha 1 be numbered in a plain and conspicu- ous manner, the number to be placed on the outside of the door to such dwelling unit. No two (2) doors shall bear the same number. No number on any door of any dwelling unit shall be changed to any other number without first securing the written approval of the Department of Housing and Inspection Services. The Housing Commission recommends deletion of .. -------.. n ---- A Units. The staff recommends that the Council concur in the above deletions from the code. The staff feels that the filing for a permit can be handled administratively, that an occupancy record card is not as important in multiple dwellings as they are in rooming houses, that fees are better set by resolution of Council, that the owner can effectively deal with the occupancy and number- ing of dwelling units and a resident operator is not as important as in rooming house uses. Change 38: P. Hazardous Storage. There shall be no transom, window, or door opening into a public hall from any part of a multiple dwelling where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. V. Was of Egress. Every multiple dwelling shall have at least two in ependent 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. 49 -Io R M MIC ROLA R :j I IUI�11 I I ,,J.'b 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. 9.30.10.P. Hazardous Storage to be deleted from Code. 9.30.10.V.3 Ways of Egress to be deleted, appears elsewhere. The staff suggests that the Council not delete IO.P. Hazardous Storage and 103.3 "Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted with two (2) coats of paint." The above sections are specific code requirements of the State Housing Code, Chapter 413 and we must reflect them in our local ordinance. The staff considered moving the items to 9.30.4.I. Exits. However, the above provisions only are mandatory by state aw in multiples and rooming houses. Change 39: X. dweilang saanlebenresponsibleeforort he sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the multiple dwelling. W. Sanitar Maintenance. The owner of every multiple dwelling shall sanitary condition of Fe response a for the maintenance and all public areas therein. The staff suggests that the Council concur in the rewrite of this section as suggested by the Housing Commission. The staff agrees that owner of a multiple can be substituted for operator. is not as critical in multiples as in rooming houses. Operator in residence Change 40: or Z ofnaIn s, Storm Dshall eteesponsrm ihle for hhangingtall tipleScreendwelIiin6vilg and double or storm doors and windows whenever the screens same are required under the provisions of this ordinance or adopted pursuant thereto, except of any rule or regulation the owner has agreed to supply such service. Screens where shall be hung not later than the first day of June each year. p. Screens, Storm Doors, Storm Windows. The owner of a multiple or making available dwe ing s a e response a for providing screens and storm doors and windows whenever the same are all of Screens reuirebegprovdidedder June each year. notthe laterothanons the firstsdaydofa Q. DORM MICROLAB CHAPTER 9.30.11 ALTERATIONS Change 41: A. No dwelling shall hereafter be enlarged or its lot diminished, 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(hi eafter 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. D. 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 Hous- ing 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 (1h) 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. The Housing Commission recommends deletion of the entire chapter. .IORM MICROLAB ... 1. 1 i,r juVfl.t The staff suggests that the Council not delete the chapter since the re- quirements contained therein are required by State Law Chapter 413 and must be reflected in our local ordinance. CHAPTER 9.30.12 REMEDIES Change 42: A. Ins ector to Determine Occu anc The Housing Inspector may pro ii it in any mu tip a we ing or rooming house the let- ting 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 re- gard are at all times complied with, and a failure to so comply on the part of any tenant, after due and proper notice from said owner or from the Housing Inspector, shall be deemed sufficient cause for the summary eviction of such tenant and the cancellation of his lease. The provisions of this section may be extended to private dwellingsby two (2) family dwellings, as may be found necessary Yhe Housing Inspector. The Housing Commission recommends deletion of this section. The staff suggests that the Council concur in the deletion of this section. The staff feels that the requirement of a rooming house license, the pro- visions of space, light and ventilation and the Iowa City Zoning provisions will provide sufficient legal basis to site the owner with violation. Eviction of tenant will still occur, and will remain a civil issue. Change 43: F. Removal of Placard PidNierson iliacr emovet apacarromanywelngdwelln9untor rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.14.E. E. Removal of Placard Prohibited. No person shall deface or re- move t e p acar rom any welling, dwelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.12.D. The staff suggests that the Council concur in this change and any re - lettering of paragraphs resulting from the deletion of 9.30.12.A. above. 30 .IORM MICROLAQ CHAPTER 9.30.13 RETALIATORY CONDUCT PROHIBITED Change 44: 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 pos- session 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. A. Retaliator Conduct Defined. Retaliatory conduct is an increase in rent or of er 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 re- sult 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, become a member of, registered a complaint with, or has been supported by a tenants' union or similar organization. The staff recommends that the Council concur in the rewrite of A.3. to protect against retaliation for joining or contacting a tenants' organi- zation. Change 45: B. Presum tion of Retaliator Conduct. In any action by or against t e tenant, evi ence 01 a complaint or other pro- tected 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 presump- tion 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 nonexistance. 31 ,IORM MICROLAR Correct spelling or last word to read nonexistence. CHAPTER 9.30.14 RENT WITHHOLDING Change 47: A. Noncompliance. 1. peposit in Escrow. Notwithstanding any other provision of 75w or any agreement, whether oral or written, if a lessor of residential premises, except rooming houses licensed under Section 9.30.9 of the code, or owner occupied two family dwellings, within the City of Iowa City fails or neglects to comply with an order of the Housing Inspector to correct a violation of the Iowa City Building and Zoning Code, the Housing Inspector must, upon the expiration of the original notice of such violation, authorize the lessee of said premises in writing to deposit his rental payments into an escrow account designated by the Housing Inspector. 2. Pro er A eal. Authorizations by the Housing Inspector to eposit rental payments into an escrow account pur- suant to Section 9.30.14.A.1 above shall be stayed in the event that a proper appeal is made to the Housing Appeals Board in the manner and within the time period provided by the Administrative Procedures Act of Iowa City. In hearing such appeals the Board shall have the power to affirm or reverse the authorization of rent withholding or extend the time for the commence- ment of rent withholding. The Board, and only said Board, shall have the power to determine which, if any, of said violations was caused by the negligence of the tenants and, in such event, shall make a specific find- ing of such fact: however, this finding shall not affect the responsibility of the party charged with the duty under the code to repair and correct said violations, but the Board shall authorize rent with- holding under this section in such instances to continue only until such nontenant caused violations are certi- fied as corrected by the Housing Inspector. B. Remedy Non-exclusive: The right of lessee to deposit his rental payments into the escrow account established by this section shall not preclude or effect in any way his right to avail himself of any of the remedies provided by the laws of the State of Iowa per- taining to the relationship of landlord and tenant. C. Release of Escrow Monies: Monies deposited in the escrow account shall be released under the following terms and conditions: 1. To the lessor upon certification by the Division of Housing Inspection of the City of Iowa City that all 33 DORM MICROI_AB violations of the Housing and Zoning Code have been completely corrected. Certification shall be deemed to mean that the premises, at the time of inspection for certification, are free of any violation of the Housing and Zoning Code; or 2. Monies deposited in such escrow account may also be pledged by the landlord or his agent as security for the cost of making whatever repairs are required in order to completely correct all the existing violations on the premises, or such monies may also be released by the escrow agent upon presentation to said escrow agent of the billing for the work approved or counter- signed by the Division of Housing Inspection of the City of Iowa City and the certification by the Division of Housing Inspection of the City of Iowa City that the repair work has been done; or 3. To any receiver for the premises appointed by a Court of competent jurisdiction. Orders Apply: The provisions of Section 9.30.3 of the Iowa City Code re- lating to enforcement, notice and hearings applicable to orders issued by the Housing Inspector are hereby made ap- plicable to orders issued by the Housing Inspector pursuant to this section. E. Eviction or Retaliation: 1. No person or lessee who complains to the Housing In- spector of violations of this code or complies with this section shall be evicted for nonpayment of rent or because said person or lessee has elected to act under said section, so long as rent is being deposited by that lessee in the escrow account approved by the City for the receipt of such rental amounts. No person, tenant, or lessee shall be evicted or re- taliated against for complaining of violations of this code or for complying with this section, and it shall be presumed that any attempt to terminate the tenancy of such lessee or to evict such lessee or to raise such lessee's rental payments or to otherwise harass or retaliate against such tenant during the period from the first complaint to the Housing Inspector to six (6) months after the certification by the Department of Housing & Inspection Services of the City of Iowa City that all violations have been corrected is done in re- taliation for the lessee's complaint to the Housing Inspector of a violation of this code or for his or her compliance with this section and is hereby declared 34 DORM MIC:ROLA6 null and void and subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each such attempt; provided, however, that such a lessee may be evicted by the lessor for the lessee's failure to pay rent into the escrow ac- count when due or if the lessee damages the property. It is further provided that in order to overcome such presumption, the lessor must show by a preponderance of the evidence that such acts by him were based upon good cause; "good cause" as used herein means that the lessor must show a good reason for his action, other than one related to or caused by the operation of this ordinance, such as normal rental increases due to tax increases or increased maintenance costs. F. Violations Subject to Prosecution: It is the intent of this section that any use of rent with- holding will not prohibit the Housing Inspector from prose- cuting violations of the code relating to said property. G. Coercion: 1. Any person who accepts, as a result of harassment or coercion, rental payments for premises subject to rent withholding under this ordinance shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) whether said rental payments are tendered by or on behalf of the lessee occupying the premises at the time rent withholding is authorized by, or on behalf of, any subsequent or other lessee who occupies the premises during the existence of such rent withholding authorization. Each such pay- ment accepted shall constitute a separate violation. 2. Any tenant who willfully and maliciously uses or at- tempts to use this ordinance to harass a lessor shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). The Housing Commission does not support a rent withholding chapter. The staff suggests that a rent withholding chapter should be adopted as another remedy to help achieve compliance when all other remedies or solutions contained in 9.30 have been exhausted. The Legal staff has prepared the following revised material as the staff endorsed wording. 35 JORM MICROLAB CHAPTER 9.30.14 ,r.1 RENT WITHHOLDING A. RENT SUSPENSION AND ESCROW PROCEEDINGS. Notwithstanding any other provision of law, or of any agreement, whether oral or in writing, when- ever the Housing Inspector of the Citof Iowa City certifies a dwelling or dwelling unit as being inCsuEstantial violation of Chapter 9.30, the duty of any tenant of such dwe ing or dwelling unit to pay, and the right of the landlord to collect rent, shall be suspended without affecting any other terms and conditions of the landlord -tenant relationship until the dwelling or dwelling unit is certified as in compliance or until the tenancy is terminated for any reason other than the non-payment of rent. During any period when the duty to pay rent is suspended, and the tenant continues to occupy the dwelling or dwelling unit, the rent with- held shall be deposited by the tenant into an escrow account in a bank or trust company approved by the City of Iowa City. Said rent shall be paid to the landlord when the dwelling or dwelling unit is certified as in compliance with Chapter 9.30 at anytime within six months from the date on which the dwelling or dwelling unit was certified. If, at the end of six months after the certification of the dwelling or dwelling unit, such dwelling or dwelling unit has not been certified in compliance, any monies deposited in escrow shall be payable to the depositor, except that any funds deposited in escrow may be used by the landlord for the purpose of making such dwelling or dwelling unit comply with Chapter 9.30 and for the payment of utility services for which the landlord is obligated but which he/she refused or is unable to pay. No tenant shall be evicted for any reason relating to the nonpayment of rent while the rent is deposited in escrow. However, a tenant may be evicted for holding over after the end of the lease term in any written lease. After 6 months from the date of certification, the landlord may evict the tenant for purposes of vaca- ting or demolition of said premises if the landlord deems it to be econo- mically unfeasible to repair or renovate the premises. In that event, no certificate of occupancy shall be issued and no person shall occupy said premises for a period of one year following the tenant's eviction. B. ADMINISTRATION. The City Manager shall develop and establish written policies, procedures, criteria, and regulations concerning the inspection, determination and certification of dwellings or dwelling units and shall develop and establish written procedures for the disbursement of any and all monies derived as a result of the rent withholding program. Such rules and regulations shall be adopted by resolution by the City Council. C. ADMINISTRATIVE HEARING AND REVIEW. Any person who shall be served a notice in connection with the enforcement of any provision of this ordinance or any rule or regulation adopted, may request, and shall be granted, a hearing on the matter before the Housing Appeals Board. The appeal shall be filed and acted upon pursuant to the Iowa City Adminis- trative Procedure Act of the City if Iowa City. 36 ,1014M MICNOLAD .,- qM'd rtO-nb • .. ... The landlord may assert and present evidence as to why a particular tenant does not qualify for the rent escrow program. Among the matters presented, the owner may assert and show, but is not limited to, the following: 1. The deficiencies found by the housing inspector had been directly caused by the tenant or members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry to the owner or his/her agent to the purpose of correcting such condition or conditions. 3. The owner or his/her agent had no knowledge or had no reason to believe that said deficiencies had existed in the dwelling or dwelling unit. 4. The deficiencies cited by the housing inspector are non-existant, or not of a rs—ubstantial nature. D. EMERGENCY. Notwithstanding the provisions stated in Section IV, whenever, in the judgment of the Housing Inspector an emergency exists creating a dangerous and imminent health and safety hazard to the occupants of the dwelling or dwelling unit or the public which requires immediate action, the Housing Inspector shall order such action as may be necessary to meet the emergency. If necessary, to protect the health and safety of the occupants or the public, 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 and an occupancy pe rmit issued. Any orders issued under this section shall be effective imme- diately or in the time and manner prescribed in the order itself, not- withstanding any other provision of this ordinance. 37 JopM MICROLA6 Change 48: The following sections were suggested to oe deleted by the Housing Commission. CHAPTER 9.30.4 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES Basement or nder Entrance Floor - Every dwelling s a ave 5'911%4n t, ce ar 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. CHAPTER 9.30.5 MINIMUM STANDARDS FOR LIGHTING, VENTILATION, AND HEATING A. Minimum Rear Yard Re uirements. Every single and two (2) ami y we ing s a ave a rear yard which 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 tie si a of ine, igit and ventilation 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 WIC same lot, the distance be- tween them shall not be less than eight (8) feet. This distance shall be increased two (2) feet for each additional story above the second. 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. W" DORM MICROLA9 3. The width of all courts adjoining the lot line shall be measured to the lot line. 4. In 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 requirements. 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. CHAPTER 9.30.6 MINIMUM SPACE USE AND LOCATION REQUIREMENTS 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 pri- vate or a two (2) family dwelling requires a seven (7) foot ceiling height in one-half (�) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. CHAPTER 9.30.10 MULTIPLE DWELLINGS Scuttles and Bulkheads. In all multiple dwellings where t ere are scuttles or bulkheads, they and all stairs or ladders leading thereto 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. 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 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. 39 .IORM MICROLAB U. Safe Stora a Re wired. Multiple dwellings shall provide a fac ity not eas y accessible to children for the safe storage of drugs and household poisons in every dwelling unit. V. Ways of E ress. 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. intained in a 2 lmeans of repair andshallbegress afreell eofaobstruction at all ood state ofall times. ty 3. Wheever thenownerfshallshaveire ecaesthemay propermultily coats of paint. The staff recommends that the Council not delete the above sections from the code because they are all in the State Housing Law Chapter 413 and must be included in our local ordinance. The staff questions why the Housing Commission is suggesting deleting thest has been ade clear hat the ason codeewascreworkedeii in July, 1977,mwas becauseoofhthe conflictsewith the Chapter 413. if we could ethe 3emerwlave passed the June housing code; thefact isweusteflectstatelaw. 40 JORM MICROLAB 141LRUi-1LMEU BY JORM MICROLAB LEDAR RAPIDS ANU )L:, ity 01 down ugly kfA DATE, 9-9-77 TO; Mike Kucharzak, Director of Housing 6 Inspection Services a44 FROM; Bruce Burke, Senior Housing Inspector RE' Variance of Housing Occupancy 6 Maintenance Code Reviewing the State Code requirements which have been added to the Housing Code draft, I believe that the following sections will have a serious negative impact on the community if enforced. 9.30.5.G.1.0-CM;n;v u n size eF ball.r..M i m."W, 9.30.6.1) im;n;�w ce.l. I L;tkb) 9.30.10.R ( r . doseif V"Aor 4:4nln5) 9.30.10.0 (Skyj;ylf acecss % roof Some sort of variance procedure is needed to prevent the closing of otherwise safe and decent housing on the basis of the above sections. fdafl� C" r. l onxin,�. Q 19,- ,.c sAL;1� CAz. 2 • 3. (esu; -//21 q,. •� 141CROFILMED DY i DORM MICROLAB 110 PIF" n fliwWiILMLU By JORM MICROLAB CtUAR KAPIU5 AND �t >- City of Iowa Cit, MEMORANDUM DATE: February 23, 1978 TO: City Council FROM: City ManagerPLI RE: Housing Code Attached is the draft of the housing code which was referred to the Housing Commission in October (goldenrod paper). The code has been extensively re- viewed by the Housing Commission. The recommendations of the Housing Com- mission are attached (pink paper). The study guide from the Housing Division lists those changes which were made in the code by the Housing Commission, the recommended language which the staff prefers, and the reasons for the staff recommendations. Also attached is a memorandum from the legal staff. At the informal session of February 27, the Housing Commission will be present. The purpose of the meeting will be to make policy decisions con- cerning the language changes. Based upon the decisions in the informal session, a final draft will be prepared and a hearing date scheduled. cc: Housing Commission Mike Kucharzak John Hayek � wlcmonuaem By JORM MICRd)LAO y�y 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 .yay ,IORM MICROI_AH CHAPTER 9.30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and en orcement of this ordinance. Leislative Findin . It is hereby found that there exist and may in the future exist, Within the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required. 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. 0. 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". JORM h11GR01 An CHAPTER 9.30.2 DEFINITIONS 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 M) 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 co d water lines. Bedroom shall mean a habitable room within a dwelling unit which is used or in— tamed 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 an-d—Faving less than three and one-half (3�) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central He atin System shall mean a single system supplying heat to one (1) or mo— reiI ng units 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 wi tTi a 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 is 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 JORM MICROI_AF3 Egress shall mean an at exit from buildings. (gement of exit facilities to ; ire a safe means of Extermination shall mean the control and elimination of insects, rodents, or of er 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 Housing Inspector. Fad 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 for living, sleeping, cooking, or eating purposes; excluding bathrooms, toilet rooms, laundries, pantries, foyers, or communicating corridors, closets, storage spaces, and stairways. Housing Inspector shall mean the official or officials of the City of Iowa City appointed to administer 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 t e preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square feet— in area. Kitchen Sink shall mean a sink of a size and design adequate for the purpose of washing eating and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavator Basin shall mean a handwashing basin which is properly connected with of of an cold water lines and which is separate and distinct from a kitchen sink. Living shall mean a habitable room within a dwelling unit which is used, or intended 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. 3 .(ORM MICRO( AR Operator shall mean any person who rents to another or who has 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 Rooming House Operator). 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/administratrix, 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. Plumbing shall 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 Tr 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 Fc -waste) including garbage, rubbish, ashes and dead animals. Refuse Container shall mean a watertight container that is constructed of metal, 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. Roomin 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 toto mortfian wo (2) but fewer than nine (9) roomers. 2. Rooming House -Type II shall mean a rooming house in which space is let To nine 9 or more roomers. Room�in,House Operator shall mean any person who rents to another or who has custo3y or control of a building, or part thereof, in which he resides and in which rooming units are let. 4 J017N1 h1I(:ROI An Rooming Unit shall mean any room or group of rooms forming a single habitable unit—' in arooming 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 an or non-combustible materials. Supplied shall mean paid for, furnished, provided by, or under the control of t e owner or operator. Tem orar Housin shall mean any tent, trailer, motor home or other structure use or uman s elter which is designed to be transportable and which is not attached to the ground, to another structure, or toutive days utilities system on the same premises for more than thirty ( ) 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. Meanin of Certain Words. Whenever the words "dwelling", "dwelling unit", sha11 be ouse construedrasmthough�they weror erfollowed aby thre e words h"or is Canytpartthey thereof". 5 Jo{7M MICROI AR Enforcement Notice: A. Authority. The Housing Inspector is hereby authorized to administer and enforce the provisions of this Code, and to make inspections to determine the condition of dwellings, dwelling units, rooming units, 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. B. Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, rooming u m t, or ote unit 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. Ri ht of Entr . 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: Identify himself/herself and his/her position. Explain why entry is sought. 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. 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 consensus 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. ,1017M M1tICF101 AB E. Penalty. No owner or occupant or any other person having charge, care, or contr6T 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 be 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 violation, 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 order 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 9.30.53 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.B 9.30.9.II 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.1.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; .1017M MICROI AR 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. Elmer enc Orders. Whenever the Housing Inspector, in the enforcement of t is C apter, Inds 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. Hearin . 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. JOgM MICFJO1_AFl 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 Facilites. Every supplied facility, piece of equipment or utility required 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 equ p 3 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. Lavator Basin Required. Every dwelling unit shall contain a lavatory assn witiin 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 Re uired. Every kitchen sink, bath, and lavatory basin require in accor ance w t 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. H. Connection of Sanitar Facilities to Water and Sewer System. Every kitchen sin to et, a% tory as n an at s a e n good wor ing 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. W ,1013na MICRO1.Aa Every exit from every dwelling shall comply with the following requirements: (a) It shall be kept in a reasonably good 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. Basement or Cellar Under Entrance Floor - Every dwelling hereafter erected shall 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 JOPM MICRpI. AB CHAPTER 9.30.5 MINIMUM STANDARDS FOR LIGHTING, VENTILATION, AND HEATING A. Minimum Rear Vard Re uirements. Every single and two (2) family dwelling s a ave a rear yard W11-11 15 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 Requirements. If a dwelling is erected up to the side of ine, fight df[U 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 erecte upon t e same lut, t e istance 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. In 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 sufficicleanedeout; providedsuch shaft that whereothereristenable alreadait to windowegivinrly g 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. J(7RM MICROLAB Lighting of Public Halls Stairways Basements, and Cellars. I. 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. 2. 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. 3. 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. 1. 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 notalesshroom or than fouro(4)troom, the square feetminimum betweenwstopwsize shall be 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) n lieu of openable windows, system of mechanicalentilatioaventilation nwhicho provides f l aless 12 DORM M,GROI AR 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. 4. 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. 3. 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 JORM Nt,C17OLA9 DORM MIGROLAB 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 Occu ant. Every dwelling unit shall contain at least one un re fifty � 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. Ceilin Hei ht. No habitable room in any dwelling shall be in any part ess tan 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 (�) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area Direct Access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit. F. Basement 5 ace Ma Be Habitable. No basement space shall be used as a a ita 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.I.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 .,OHM MICROI A13 CHAPTER 9.30.7 RESPONSIBILITIES OF OWNERS RLLATING 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: Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk, and every window, door, and other aperature covering shall be maintained in good condition. 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. 3. 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. Rainwater Draina e. All eaves, troughs, downspouts, and other roof drainage equipment of tie 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. Chimne sand Smoke pipes. Every chimney and every supplied smokepipe shall e a equate y supported, reasonably clean, and maintained in a reasonably good state of repair. D. Gradin Drains 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, forf9it 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, shall be reasonably protected from the elements or other approved protective coating applied in 16 n11cr+01_nn porches, and similar appurtanences and against decay by paint a workmanlike fashion. F. Electrical S stem. The electrical system of every dwelling shall not by reason of over oading, 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. Maintenance of Supplied PlumbinFixtures. Every supplied plumbing fixture and water an waste pipe shall e proper y 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 Im ervious to Water. Every toilet room, floor surface, bathroom oor sur ace ,a c tc en Tloor 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, equ pment, or ut ity 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 e fenced, safe7y covered, or filled in such a way as not to create a hazard to life or limb. 17 JORAd MICROLAR 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 u m is s all 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 uccs s all 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 dwe ing um t 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 dwe ing units s all 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 Accessor Structures. Every foundation, exterior wall, roof, window, exterior oor, asement Tiatchway, 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 DORM MICROLALB CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE MAINTENANCE F DWEL INGS ND R MING A. Occu ant Res onsible for Controlled Area. Every occupant of a dwelling or dwe ing un t s a keep n a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. The floor and floor covering shall be kept reasonably clean and sanitary. Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. No dwelling or the premises thereof shall be used for the storage or handling of refuse. B. Plumbing Fixtures. The occupants of a dwelling unit shall keep all supplied p um ing fixtures therein in a 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 dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (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. Stora a and Dis osal of Garbo e. Storage and disposal of garbage and rubb s s a comp y wit 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. Use and 0 eration of Su lied Heatin Facilities. Every occupant of a we ing un t s a e respons a or t e exercise of reasonable care, proper use, and proper operation of supplied heating facilities. Electrical Wirin . No temporary wiring or extension cords shall be used in dwe ing units. 19 DORM MICR01_AFI CHAPTER 9.30.9 ROOMING HOUSES No person shall operate 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. B. A1ication 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 Occu anc Record Card, Fees. When all applicable provisions of tKi—s—Chapter and 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. 0erator to Control Occupancy. No rooming house operator shall at any time a 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 JOfiM MIC f70l AB F. Nontransferabilit of Permit. No rooming house permit issued under the provisions o ti s apter s all 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. G. Relationship of Permit to Buildin Code. The issuance of a rooming house permit an occupancy record car to any The 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 a rooming house permit shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. H. A licabilit of Other Sections of This Cha ter. No person shall operate a rooming ouse un ess a o t e requ rements 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. I. Keeping of Register. Every person to whom a rooming house permit has been issue s a at all 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 sha)3beat all times open to inspection by the Housing Inspector, BuildjGAg!F ficial, peace officer, or fireman of the City of Iowa City, Iowa. `• J. Entry of True Name in Rester. No person shall write or cause to be written in angi yy rooming register any other or different name than the true name of such person or the name by which such person is generally known. K. Hearin When Roomin House Permit is Denied. Any person whose application or perm t to operate a room ng ouse as 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. Sus ension of Permit. Whenever upon inspection of any rooming house the ous ng 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 .IORM kilt -ROI An M. permit and give notice in writing to the operator that the permit has been suspended. Perm t to operate a room ng Ouse as een suspen a or who Hearin When Roomin House Permit is Sus ended Revocation of Permit. Any person w ose p inspector that his permit is to be has received notice from the Housing P are suspended unless existing conditions or practices at his hrooming ter house r corrected may reauesBoand under bhe9procedureranted a hprovidednbyhe matter before the Housing App the pro that if no petition for such Administrative Procedures Act10provided days following the day on which such hearing is filed within ten ( )house permit was suspended, such permit shall be deem„ house, aroominhe elapsautomatically revoked. Upon receipt of notice of permit revocation, HousoinglInspector, operator sha11 cease operation of such rooming ur oses any dwelling unit or of a reasonable period of time, to be determined by no person shall occupy for sleeping or living P p rooming unit therein. lavatory toilet, and one (1) con tion, shall be supplied for each eight (B) N. Toilets and Lavator Basins. At least one (1 house, including basin in goo wor ing within a roominge said persons or fraction thereof residingto members oth f the roominghouse opera, houseywhereeroomshare let only of facilities; provided, males, flush urinals may be substituted for not more than one (�S) ° the required number of toilets. d'tion shall be supplied 1, Baths. At least one (1) bath, in good working coesiding n for each eight (B) persons or fraction trooming hereof ouse operator'swfamily whenever they share thenuseeofers saidffacilities. they basin, and bath P Location of San* wit Facilities. Every toilet, lavatory sia a ocate wit n a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so each roond m, outside of the dwelling the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going going through a dwelling unit or through a rooming unit of another occupant, Every room occupiedfor sleeping fei Q, Minimum Floor Area for Slee in Pur oses. ur oses by more than purposes by one person shall contain at least eighty ( )square 50 s uare feet of floor space of floor space, and every room occupied founiteshall contain at least four one (1) personantathereofa�nEveryer omingty ( ) q for each occup hundred (400) cubic feet of air space for each occupant thereo of only one unit consisoccupants. e occup ed by more than four (4) R. Maximum Occu anc for Roomin Unit. No room n9 a ita a room s a rooming unit and un t in every room ng ouse s all be numbered in a plain and S. NumberiWe ofn9oomin Units and Owellin Units. very every to unit. No two (2) doors shall be, the unit conspicuous manner, the number to ng placed on the outside of the doorsame such rooming unit or dwelling number. No number on any door of any rooming unit ut first se other the dwell ng shall be changed Department any Bother numberHousing% ndOthoInspection eServices. written of 23 JORM MIGROLAR T. Residence of Children in Roominq Units Prohibited. No child under sixteen 76) years of age shall live orsleep in a room ng unit. U. Pre oration or Ea tin of Meals in Roomin Units Prohibited. No occupant of a rooming Ouse s a prepare or eat mea s 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 9.30.9.V 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 rracks, 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 ,1017M MIGROI. A6 Communal Dining Rooms. Every rooming house, within which the occupant of any 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 pdwincfollowing , contain requirementsnal dining room which complies thallof the 1. Every communal dining room shall be located an the same floor of the roomihouse nearly adjacentstohtheommunal communaliChen kitchennassishininroom practicshall be as able; 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. Posting of No-Cookin Si ns. The rooming house operator shall post in every rooming um t a s gn 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 ia sciange Supp to 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. ll Z. Shades, Deo wst EscadesEvdrawwindow drapes�forvother devices offor materials which, Te supp when properly used, will afford privacy to the occupant of the room. AA tarMaintenance. rhtohouse rwmilSe saresponsf hesanitarymaintenance of all walls, 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 forisanitaryhmaintenancefwithin pevery rroomingcunitto ishargeasiset forth inresponsibilities the this subsection. bish al BB oLa rrstorage scontainers twhose type eandtlocati garbage eare approved shallsbe supplied by the rooming house operator. The rooming house operator shall be responsible use ofeapproveddisposalof all mechanicalrequipment orean and by placingiitrinmtheerequiredh the containers. 25 JORM M11ICROI AB CC. Han in Screens, Storm Doors, Storm Windows. The rooming house operator of a rooming ouse s a be responsible 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 response a 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. IF. Heating UniFire Protected. In every rooming house in which space is let to more thants four T4 - -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. Earl Warning Fire Detection System. Every dwelling and rooming unit in rooming houses snail e 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 Stora e. There shall be no transom, window, or door opening into apub Vc 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 u ea s, t hey i nU a 1 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 ?G .1C1RM MICROLAB 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 �Stora ge Required. Rooming houses shall provide for every rooming unit a facilraity 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. _. _ L_...... .,..&r.1 rbc nwnar shall � 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 Re uired. No person shall operate a multiple dwelling unless he ho s a va i multiple owelling permit issued by the Department of Housing and Inspection Services in the name of the operator and for the specific dwelling or dwelling units. B. 8"42 for Permit. The operator shall file, in duplicate, an application for multiple dwe ing 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. C. Issuance of Permit and Occu ancy Record Card, Fees. When all applicable provisions of t is C apter and o 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 ($15.00) 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 num er of persons that 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 Occu anc No operator shall at any time allow a greater number 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 JORM MlCfipl. AH permit any person to occupy any dwelling unit which is not listed on the occupancy record cards. Nontransferability of Permit. No multiple dwelling permit issued under the provisions o t sapter s all be transferable and every 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 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 Buildin Code. The issuance of a multiple we ing permit an occupancy recor 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. Applicability of Other Sections of This Chapter. No person shall operate a muftlppli dwe ing un ess a o t e requirements for dwelling units as previously set forth in this Chapter are complied with. I. Hearing When Multiple Dwelling Permit is Denied. Any person whose application fora permit to operate a mu tip a dwelling 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. J. Sufis ens�ion of Permit. Whenever upon inspection of any multiple dwelling T he Housing— nsf pector 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 operator of such multiple dwelling that unless such conditions or practices are corrected within a reasonable period, to be determined by 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 ended Revocation of Permit. ny person w ose permit to operate a mu tip a we ng as Seen 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 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, 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 be automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such multiple dwelling, and after the elapse of a reasonable 29 DORM M1CRO1 A13 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. L. Numberin of Dwellin Units. Every dwelling unit in every multiple dwel- ing sha a num ere in a plain and conspicuous manner, the number to be placed on the outside of the door to such dwelling unit. No two (2) doors shall bear the same number. No number on any door of any dwelling unit shall be changed to any other number without first securing the written approval of the Department of Housing and Inspection Services. M. Fire Extin uishers. Fire extinguishers suitable for the occupancy and N is are approve by the Housing Inspector shall be provided in every multiple dwelling. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. N. Heatin Units Fire Protected. In every multiple dwelling served by a common centra eating 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. 0. 0erator to Maintain OrderlyPremises. The operator of every multiple dwe ing shall at all times maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. P. Hazardous Storage. There shall be no transom, window, or door opening into a Dug is a from any part of a multiple dwelling where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. Q. Closets. In multiple dwellings hereafter erected no closet of any kind sTiaT FFe constructed under any staircase leading from the entrance story to the upper stories, but such space shall be left entirely open and kept clear and free from encumbrance. R. Cellar Entrance. In every multiple dwelling hereafter erected there shall be an entrance to the cellar or other lowest story from the outside of the building. S. Scuttles and Bulkheads. In all multiple dwellings where there are scuttles or bulkh—ea—d—s,--tFe—y7a—n-d all stairs or ladders leading thereto 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. T. S�i ht Access to Roof. Unless there is a bulkhead in the roof, there s a e over every inside stairway used by more than one (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 .IORM MIRROL. ACA Safe Stora a Re wired. Multiple dwellings shall provide a facility not easily acRA e o c ren for the safe storage of drugs and household poisons in every dwelling unit. Wa s of Eress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved by the Fire Marshal. 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. 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 5 stems. Every dwelling unit within a mu tip a we ing s a e proveded 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. Sanitar Maintenance. The operator of every multiple dwelling shall be responsib a for t e sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the multiple dwelling. Y. Garbage Disposal oro inerrgy Adequate garbage and rubbish disposal facilities or storage contashe 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 Ni ng s a e responsi a for hanging 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 JOHM MIC:RpI-AD 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. D. 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 OW 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 .xxann %JjCnor AB CHAPTER 9.30.12 REMEDIES A. Inspector to Determine Occupancy. The Housing Inspector may prohibit in any multiple dwelling 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 the Housing Inspector, shall be deemed sufficient cause for the summary eviction of such tenant and the cancellation of his lease. The provisions of this section may be extended to private dwellings and two (2) family dwellings, as may be found necessary by the Housing Inspector. B. Unfit for Habitation. Any dwelling, dwelling units, or rooming unit which shall be found to ave any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector: 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general conditions or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public. C. Condemnation Procedures. The Housing Inspector shall leave a reasonable period of t me, ut 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. D. Vacate Condemned Dwelling. Any dwelling or any portion thereof condemned as unfit for uman habitation and so designated and placarded by the Housing Inspector shall be vacated immediately or as ordered by the Housing Inspector. E. To Re-Occu Condemned Dwelling. No dwelling or portion thereof which has een con emne an placarded unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. F. Removal of Placard Prohibited. No person shall deface or remove the placard rom any we ng, Gwelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.14.E. 33 dOHM MIGF401.AB CHAPTER 9.30.13 RETALIATORY CONDUCT PROHIBITED A. Retaliator Conduct Defined. Retaliatory conduct is an increase in rent or other fees, a ecrease in services, a termination or threat of termination nthe of a rentalssion wagreemenhich is t, the esbringftherthreat tenantdoing any bringing one of the following: ult 0 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 o the owner or operator of such a violation; 2. The tenant has complained t or 3. The tenant has organized or become a member of a tenant's union or similar organization. B. Presum tion of Retaliator Conduct. In any action by or against the tenant, evi ence o a comp aint or of er protected activity within six (6) months the action wasates a retaliatory iinion that nature. theconduct presumptionedoestnot the arise if the proposed rentalnortfee increase, diminutionin ofof servicesaorer notice of a termination of existencerofmthe factrpresumednunless sand aunt'il evidence ise trier of introduced t must d the introduced which would support a finding of its nonexistenance. ions f this C. owner's Riahts. Notwithstanding increasenrenthor er othersfees,odecreaserservices an ownererator may 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 wear the and tenant or the members of the tenant's 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. e a 3 in servicesworhanpalteration, remodeling, orcodes demolitionrwhichreduction 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 engagesinaction retaliatorst him y con uct as efined, the tenant has a defense in any or te rentaloagreement. ifnthehrentalnagreement isrecover terrminatedr, thetowneraor the operator shall return any and all amounts already paid by the tenant to which the owner or operator is not legally entitled. 34 1017M NJICRO1. AR . I l�1 „uN.'4 1:iIWL,Ic .. I I . City of Iowa Ci! MEMORANDUM DATE: February 21, 1978 Mike Kucharzak, Director of Housing & Inspection Services TO: Legal Staff J21 ry FROM: Robert Hibbs, Chairperson of the Housing Cannission RE: Carnmission Draft of the Housing Maintenance & Occupancy Cade Attached is the Housing Maintenance and Occupancy Code. It is the intention of the Housing Cmmission to present this version to the council February 27th at 1:30 p.m. Your concurrence, cmTrents and/ or corrections will be appreciated prior to that date. Please address omments to Robert Hibbs, chairperson of the Housing Ccamission. JoRM MICROLAB b? j0lel 611(1<ULIAD 9.30 HOUSING MAINTENANCE AND OCCUPNICY CDDE 9.30.1 General Provisions 9.30.2 Definitions 9.30.3 Inspection and Enforcement 9.30.4 Minimum Standards for Basic Fquipment and Facilities 9.30.5 Minimum Standards for Lighting, Ventilation & Heating 9.30.6 Minimum Space, Use, and Location Requirements 9.30.7 Responsibilities of owners Relating to the Maintenance of Dwellings and Dwelling Units 9.30.8 Responsibility of Occupants Relating to the Maintenance of Dwellings and Roaring Units 9.30.9 Roaming Houses 9.30.10 Multiple Dwellings 9.30.11 Remedies 9.30.12 Retaliatory Conduct Prohibited Iowa City Housing Commission Draft February 21, 1978 DORM MICROLAD 1 2 6 9 11 14 15 18 20 24 27 28 CHApTgH 9.30.1 ,elau>t• • •,� �' 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and enforcement of this ordinance. A. Legislative Finding• It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishTent and enforcement of minimum housirq 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 maintenances 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 )mown and may be cited as the Housing Maumtenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "this ordinance" or "this Chapter". HC 2/21/78 -1- JORM MICROm_AS CHAPTER 9.30.2 DEFINITIONS 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• Ad oini.ng Grade shall mean the average elevation of the ground which extends three (3) feet from the perimeter of the dwelling. mved 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�) feet or -more of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shaver stall properly connected with both hot and cold water lines. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (3�) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central Heatingme System shall an a single system supplying heat to one (1) or more dwel g—unit s) or more than one (1) roaming unit. Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rornring units, or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a yard, on the same lot with a 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 Fran shall mean a habitable roan 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) separate dwelling units. D.ve111 shall mean any building or structure, except temgDorary housing, which is 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 roan or group of adjoining habitable roams 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. HC 2/21/78 -2- JORM MICROLA6 ress shall mean an arrangement of exit routes to assure a safe means of exit from buildings. Extermination shall mean the control and elimination of insects, rodents, or other pests by eluninating 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 Housing Inspector. Family shall mean one person or two or more persons related by blood, marriage, or adoption occupying a living unit as an individual housekeeping organization marriage family may also be two, but not more than two persons psons not related by 9 or adoption. 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 Foam shall mean a room or enclosed floor space used, or intended to be used for living, sleeping, cooking, or eating purposes; excluding bathrooms, toilet rooms, laundries, pantries, foyers, or camnmicating oorridors, closets, storage spaces, and stairways. Housing Inspector shall mean the official or officials of the City of Iowa City appointed to administer the provisions of this Chapter. Infestation shall mean the presence, within or around a dwelling of any insects, rodents, or other pests, which poses a clear threat to health or safety. Kitchen shall mean a habitable roan 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 feet in area. Kitchen Sink shall mean a sink of a size and design adequate for the purpose of wastu�eag tug 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 both hot and cold water lines and which is separate and distinct from a kitchen sink. Living Room shall mean a habitable roan within a dwelling unit which is used, or untended to be used, primarily for general living purposes. Multiple Dwelling shall mean any dwelling containing three (3) or more dwelling M1611 Occupant shall mean any person, including owner or operator, living, sleeping, cooking in, or having actual possession of a dwelling, dwelling unit, or a roaming unit. HC 2/21/78 -3' JoRM MICROLAO - „ AW" '1, 1.m iv�U • _. ._ Operator shall mean any person who rents to another or who has 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 roaming houses, See Roaming Housing operator 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/aaninistratrix, 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. Plumbing shall mean and include all of the following supplied facilities and equip- ment: 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, 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 enced without interruption of interference by unwanted persons. Refuse shall mean waste materials (except human waste) including garbage, rubbish ashes and dead animals. Refuse Container shall mean a watertight container that is constructed of metal, or other durable material ingervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roams shall mean an occupant of a roaming house who is not a member of the family of the roaming Muse operator of that roaming 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 (1) or more rooming units, in which space is let by the owner or operator to three (3) or more roamers. 1. Roaming House - Type I shall mean a roaming Muse in which space is let to more than two (2) tut fewer than nine (9) roamers. 2. Roaming House - Type II shall mean a roaming Muse in which space is let to nine (9) or nnre roamers. Rooming House Operator shall mean any person who rents to another or who has custody or oontrol of a building, or part thereof, and in which roaring units are let. HC 2/21/78 -4- JORM MICROLA6 Framing unit shall mean any roam or group of rooms forming a single habitable unit in a roaming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean inorganic waste material consisting of combustible and/or non- stible materials. Supplied shall mean paid for, furnished, provided by the owner or operator. MTemporary Housing shall mean any tent, trailer, motor home or other structure used M 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 Ys 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 throughout the flushing rim. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "roaming house", "roaming unit", or "premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof". CHAPTER 9.30.3 aWln a 1 •.«y is Enforcement Notice: A. Authors . The Housing Inspector is hereby authorized to administer and enforce e provisions of this Code, and to make inspections to determine the condition of dwellings, dwelling units, rooming units, 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. B. Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, rooming unit, or hotel unit shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, roaming 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 the provisions of this Code, or whenever the Housing Inspector or his/her authorized representative has reasonable cause to believe that these 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 and the person or persons having charge or control of the building or prertuses and request entry. The Housing Inspector or authorized representative shall at such time: 1. Identify hinself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control f Tray the premises ay refuse, without penalty, entry without an to Allow Inspection. 4. Explain that if entry is refused, the Housing Inspector may apply to a Magistrate for an order to Allow Inspection. order to Allow Inspections - If consent to inspect the building is withheld by any person or persons having the lawful right to exclude and if the Housing Inspector has reasonable grounds to believe that a violation exists or if an annual inspection as required by Iowa Law is due, the Housing Inspector shall apply to a Judicial Magistrate for an Order. HC 2 /21/78 -6- JoRM MICROLA13 E. Penalty. No owner or occupant or any other person having charge, care, or control of any dwelling, dwelling unit, rooming unit, structure or premises shall fail or neglect, after presentation t therein n order to by thew Inspection or a Search warrant, to properly pe entry or his/her authorized representative for the purpose of inspection and examination pursuant to this Chapter. Any person violating this subdivision shall be fined not more than $100.00 or inprisormtent in County jail for not more than thirty (30) days. F. Evidence. Evidence obtained by use of an order to Allow Inspection may be used to effectuate the purposes and provisions of this Chapter in any ensuing action brought by the City for a violation of this chapter. G. Service of Notice. Whenever the Housing Inspector determines that there has been a violation, 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 requested, registered mail or by certified mail, with return receipt 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 conspicuous 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. 6. Such notice shall be effective notice to anyone having interest in the property whether recorded or not at the time of giving such notice; and shall be effective against any subsequent owner of premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the Department of Housing and Inspection Services. H.l+�pPaIs - Any person affected by any action, notice, interpretation or order l to the by the Housing Inspector with respect to this ordinance may appea Housing Appeals Board in accordance with the procedures of the IowTa City Administrative Procedures Act. The Board may modify any notice affecting the provisions of this Chapter 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; 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 with all provisions of such order within a reasonable period of time as determined by said Board. -7- HC 2/21/78 .,O13M MICROLAF3 J. f)', .'UW! '-0,1, 1, UL n6 I Other Remedies - No provision or section of this ordinance shall in any way limit nyother reredies available under the provisions of the Housing Code or any other applicable law. F]msgency orders. Whenever the Housing Inspector, in the enforcement of Mthis Chapter, funds 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. Judicial Hearing - Judicial Hearing shall be req twenty-four (24) hours not ex parte after such e order. 2. Hearing - Any person to whom such order is direc' therewith, but upon petition to the Board shall 1 hearing as prescribed in this Chapter. After su depending upon the findings of the Board as to VA provisions of this Chapter and the rules and reg pursuant thereto have been complied with, such B continue such order or modify it or revoke it. 1 other provisions of this Chapter, every notice s Housing Inspector shall be regarded as an order. -8- Hc 2/21/78 DORM MICROLAB 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 Facility. Every supplied facility, piece of equipment or utility required shall be 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 roan 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 certain 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. Lavatory Basin Required. Every dwelling unit shall contain a lavatory =Min the roan containing the toilet. F.Privacy in a Roan Containing a Toilet and Bath. Every toilet and every bath Sall be contained within a roan 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 with 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. H. Connection of Sanitary Facilities to Water and sewer System. Every kitchen suilc, toilet, lavatory basin and bath shall be 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 roaming unit shall have access to two (2) independent, unobstructed means of egress remote frau 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. HC 2/21/78 -9- JoRM MICROLA6 Qn.Ib • _. .0 .. �. 2. Every exit frau every dwelling shall coyly with the following requirements: (a) It shall be kept in a reasonably good 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 roaming unit to outdoor space shall have supplied storm doors with a self- closing device; and every window or other device with openings to the outdoor space shall likewise be 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. 3. 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. HC 2/21/78 _10- "I , " ,. ! DORM MICROLne MIIND424 STANDARDS FOR LIGHTING, VE T11ATION, AND HEATING 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. Natural Light. Every habitable roan except kitchens shall have at least one (1) window fac g directly to the outdoors. The minimum total window area, measured between stops, for every habitable roan shall be at least ten (10) percent of the floor area of such roan. Whenever the only window in a roan is a skylight type window in the top of such roan the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such roan. B. Lighting of Public Halls, Stairways, Basements, and Cellars. 1. Public passageways and stairways in buildings accamndating 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. 2. Public passageways and stairways in buildings accarttndating 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. 3. All basements and cellars shall be provided with an adequate lighting system which may be turned on when needed. 4. 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. C. Ventilation. 1. 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 roaming 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. HC 2/21/78 1 -11- .IORM MICROL.AR (c) whenever a window faces an exterior wall or structure which extends higher than the ceiling of the roan 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. 2. Mechanical ventilation. (a) In lieu of operable windows, adequate ventilation may be a system of mechanical ventilation which provides not less than fifteen (15) air changes per hour in all habitable roans and/or bathrooms or toiletnts• ares or odors shall (b) No mechanical exhaust system, exhausting vapors, g 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. 3. Basements and Cellars. (a) Cellars and nonhabitable areas ofbasementtsseshhaall floorarea window area of not less than one (1) per t of(b) Every cellar window used or intended to be used for ventilation, and d every other opening to a cellar or crawl space which mightprovide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (4) inch mesh or such device as will effectively prevent their entrance. 4. Crawl Spaces and Attic Spaces shall be provided with ventilating area not less than 1/300ths of the floor area. D. Heating 1. Every dwelling shall have heating facilities which are Properly installed, are maintained in safe and good working condition, and are capabletoiletof aas safely and adequately heating all habitable roams, bathro, roans located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit (24 degrees C) and shall maintain in all said locations a miniimnn temperature of sixty-five (65) degrees Fahrenheit, (18 degrees C) at a distance of three (3) feet above the floor level at all times. herein Such heating facilities shall be so operated and equipped units specified is available to all dwelling units and rooming 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 routes in protectionthe event of uncontrolled firgainst e infthe egress tructureities or egress 3. 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. HC 2/21/78 -12- DORM MICROLAB ... ... of JUk51 il�(, i(ULi�G • ._iii., �.,.i ,.�. _ 4. No fuel burning furnace shall be located within any sleeping roan or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed frau the roan in an airtight mer. Water heaters are pro- hibited in bathrocus or sleeping roars. 5. Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate temperature and pressure limit controls. 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. HC 2/21/78 -13- JORM MIC:ROLAB .. n1 ,Ui,i.i ._:Uv.o • .. CHAPTER 9.30.6 M[NMZI SPACE, USE, AND LOCATION REQUIREMENPS 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 carply with the following requirements: A. Habitable Room Size. All habitable roans used for living, sleeping, and eating shall certain at least eighty (80) square feet of floor area and no such roan shall be less than seven (7) feet wide. The minis= size for habitable roans 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 roans, there shall be at least one (1) roan 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 hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. C. Air Space in Sleeping Roans. In every dwelling unit of two (2) or more roans, every roan 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 to hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. D. Direct Access. Access to each dwelling unit or roaming unit shall not require firs entering enening any other dwelling unit or rooming unit except that access to % rooming units may be through a living room of a unit occupied by the owner - operator of the structure. E. Basement Space May Be Habitable. No basement space shall be used as a habitable area unless: 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 Section 9.30.5.A and 9.30.5.C.l.a. 3. There shall be appurtenant to such roan the use of a toilet roam. HC 2/21/78 -14- DORM MICROLA6 CHAPTER 9.30.7 RESPONSIBILITIES OF OWNERS RELATING M THE tRiW MANCE OF DWELLINGS AND MELLING 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, sidewalk, and every window, door, and other aperture 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. There shall be no exposed cracks or openings in or around door frame. All windows and doors, and their frames, shall be constructed and maintained in weather-proof condition. 2. 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. 3. Every interior partition, wall, floor, and ceiling shall be capable of affording privacy and maintained so as to permit then 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. All eaves, troughs, downspouts, and other roof drainage equipmPsut 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. Chimneys and Smokepipes.. Every chimney and every supplied smokepipe shall be adequately supported, reasonably clean, and maintained in a reasonably good state of repair. D. Grading and Drainage of Premises. Every premises shall be graded and drained so no stagnant water wrll accumlulate or stand on the premises, and every premises shall be continuously maintained in a safe and sanitary condition. E. Protection of Exterior wood Surfaces. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches, and similar appurtenances shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. -15- HC 2/21/78 DORM MICROLA6 F. Electrical System. The 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 roan entrance which activates an illuminary within the roan. 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 roan, bathroom, laundry roan, furnace roan, 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 floe of gas frau all open gas valves at all times. H. Maintenance of Supplied plumbing Fixtures. Every supplied plumbing fixture and water and waste pipe shall 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 crater supply through back flay, 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 floor surface and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. J. Supplied Facilities. No owner or operator shall cause -any service, facility, equipnent, or utility which is required to be supplied under the provisions of this Chapter to be removed from or shut off fmn 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, safely covered, or filled in such a way as not to create a hazard to life or limb. -1C;- HC 2/21/78 J O R M MIC RO L A e .. . u' IUIWI i11WNv.b • _. .i. - 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 shall 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 ducks shall 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 permit occupancy of any vacant dwelling unit or roaming unit unless it is 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 safe and 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 and repair or shall be removed. R. Maintenance of Accessory 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. HC 2/21/78 -17- .IoRM MICR©LAB _ I',"Ilii' 1 ,. L ri. U, !11, • .. CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPAWS RELATING; TO THE NIAINTENANCE OF DWELLINGS AND FMMING UNITS A. Occupant Responsible of Controlled Area. Every occupant of a dwelling or V unit shall keep in a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and prenises 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 of greasy film. 3. No dwelling or the premises thereof shall be used for the storage or handling of refuse. B. Plumbing Fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a 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 dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (1) dwelling units 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 sane 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 Operationof Supplied Heating Facilities. Every occupant of a dwelling unit shall be responsible for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. F. Electrical Wiring. No temporary wiring or extension cords shall be used except extension oords which run directly frau portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transans or similar apertures in structural elenents or attached thereto. -18- "r 9/91/7R .IORM MICROLAR .. i.r .L. .. i]Y JUil�'� ''II �,NULiIU • .l. G. Installation of Screens, Storm Doors, and Storm Windows. Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this Chapter, except wbere the owner has agreed to perform the service. HC 2/21/78 -19- DORM MICROLAB .�. ill �?'1 ;LraJ�•�J • .. ROOMM HOUSES No person shall operate 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 roaming house operator and for the specific dwelling or dwelling unit within which the roaming house is contained. B. Relationship of Permit to Building Code. The issuance of a roaming house permit to any scoring house shall not in any way signify or imply that the roaming house conforms with the Fire Code or the Building and Zoning Code of the City of Iowa City, Iowa. The issuance of a rooming house permit shall not relieve the owner or roaming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. C. Applicability of Other Sections of This Chapter. No person shall operate a rooming house unless all of the requirements previously set forth in this Chapter are complied with. Every dwelling unit located within a roaming house shall comply with all of the requirements for dwelling units as established in accordance with the provisions of this Chapter. D. Hearing When Rocming House Permit is Denied. Any person whose application for a permit to operate a roaming house 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. E. Suspension of Permit. Whenever upon inspection of any roaming 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 roaming 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 roaming house permit will be suspended. At the end of such period the Housing Inspector shall re -inspect such roaming house, 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 permit has been suspended. F. Hearing when Frowning House Permit is Suspended; Revocation of Permit. Any person whose permit to operate a roaring house has been 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 Hoard 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 roaming 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 roaming unit therein. -20- HC 2/21/78 J oRM MIC RO L A B G. Toilets and lavatory Basins. At least one (1) toilet, and one (1) lavatory basin an good corking condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the roaning house operator's family whenever they share the said facilities; provided, that in a rooming house where roads are let only to males, flush urinals may be substituted for not more than one-half N of the required number of toilets. H. Baths. At least one (1) bath, in good corking condition, shall be supplied for each eight (8) persons or fraction thereof residing within a roaming house, including members of the rmming house operator's family whenever they share the use of said facilities. I. Location of Sanita Facilities. Every toilet, lavatory basin, and bath shall be located within a roam or roams which afford privacy to a person within said roan or rooms. All such facilities shall be so located within the roaming house as to be accessible to the occupants of each roaming 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. J. Minimum Floor Area for Sleepin Fugposes, Every roam occupied for sleeping Purposes by one (1) person shall contain at least eighty (80) square feet of floor space, and every roan 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 roaming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. K. Preparation or Eating of Meals in Roaming Units prohibited. No occupant of a roamng house shall prepare or eat meals or store cooking utensils in a roaming 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 mammal kitchen and may eat meals in a mm ural dining roan in accordance with the provisions of Subsections 9.30.9.1, and 9.30.9.M. L. Ceimunal Kitchens. A oommunal kitchen shall ccrrply with the following requirements: 1. The minimum floor area of a mmrunal kitchen shall be sixty (60) square feet; 2. The minimum floor area of a com ural kitchen in which roamers are permitted to prepare and eat meals shall be one hundred (100) square feet; 3. It shall contain at least one (1) supplied kitchen sink of an approved type; 4. It shall contain at least one (1) supplied kitchen gas or electric range. Every supplied range shall have atleast two (2) top burners and an oven. 5. It shall contain one (1) supplied refrigerator. 6. 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; 7. It shall contain at least one (1) suitable supplied cabinet of adequate size and suitable for storage of food and eating and cooking utensils; HC 2/21/78 -21- 11ORM MICROLAB �, .ill i(���. _n.U�:.p • .. B. Every armmnnal 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. M. Cauumml Dining Foaas. Every roaning house, within which the occupant of any roaming unit is permitted to prepare meals or cook within a cc m ffol kitchen containing less than one hundred (100) square feet of floor area, as provided in Section L shall contain a eamnumal dining roan which complies with all of the following requirenents: 1. Every ccmT=al dining room shall be located on the same floor of the rooming house as the communal kitchen as is practicable; 2. Every communal dining roam shall be located within a room accessible to the occupant of each rooming unit sharing such dining roan, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant; 3. Every communal anal dining roan shall contain not less than eighty (80) square feet of floor area; 4. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. N. No Cooking In Fawning Units. The operator shall prohibit the crooking and preparation of food in every roaming unit. 0. Shades, Drapes, Etc.. Every window of every run used for sleeping shall be supplied with shades, draw drapes, or other device of materials which, when properly used, will afford privacy to the occupant of the man. P. Sanitary Maintenance. The roaming house operator of every rooming house shall be responsibl�tthe sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the roaming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the roaming house is contained, is leased or occupied by the owner. The occupant of every roaming 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. Q. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved shall be supplied by the roaming house operator. The roaming 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. R. Hawing Screens, Storm Doors, Storm Windows. The owner of a roaming house shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of this ordinance. Screens shall be provided not later than the first day of June each year. S. Infestation. The owner of a roaming house shall be responsible for the ext `ernuna rant of any insects, rodents, or pests therein. HC 2/21/78 -22- JORM MICROI_nB . I nl .iln01 6I;[ -'W.", T. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every roaming house. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. U. Heating Units Fire Protected. In every zooming 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. V. Early Warning Fire Detection System. Eery dwelling and roaming unit in roaming houses shall 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 roans 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 exerciser) 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 roaming unit. W. Safe Storage Required. Foaming houses shall provide for every roaming unit a facility for the safe storage of drugs and household poisons. -23- HC 2/21/78 JoRM MICROLAB i'l,Inv. 'V.. •L 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 Reqred. No person shall operate a multiple dwelling unless he holds a val2924 red. 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. B. Relationship of Permit to Building Code. The issuance of a multiple dwelling permit 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. C. Applicability of Other Sections of This Chapter. No person shall operate a multiple dwelling unless all of the requirements for dwelling units as previously set forth in this Chapter are complied with. D. Hearing When Multiple D�elling Permit is Denied. Any person whose application for a pernit to operate a multiple dwelling 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. E. Suspension of Permit. Whenever upon inspection of any multiple dwelling 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 operator of such multiple dwelling that unless such conditions or practices are corrected within a reasonable period, to be determined by 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 dperator that the latter's permit has been suspended. F. Hearing When Multiple Dwelling Permit is Suspended; Revocation of Permit. Any person whose permit to operate a multiple dwelling has been suspended or who has received notice frau the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his multiple dwelling are corrected 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, provided that, if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such per'nmit shall be deemed to be automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such multiple dwelling, and after 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 roaming unit therein. G. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every multiple dwelling. HC 2/21/78 -24- DORM MICRO[ -AB Extinguishers shall be properly hung and shall be maintained in operable condition at all times. H. Heati*+g Units Fire Protected. In every multiple dwelling served by a caxmon 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 thell�bee enclosed in a roan provided with a sprinkler system approved by Marshal. I. Operator to Maintain Orderly Premises. The operator of every multiple dwelling shall at all toms maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. J. Closets. In multiple dwellings hereafter erected no closet of any kind shall be constructed under any staircase leading fxcn the entrance story to the upper stories, but such space shall be left entirely open and kept clear and free frau encaThrance. K. Safe Storage Required. Multiple dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwelling unit. L. Ways of Egress. Every multiple dwelling shall have atleast two (2) independent ways of egress fran 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 eappliance 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 obstructian at all times. M. EarlZ Warning Fire Protection Systems. Every dwelling unit within a multiple shall be provided oath 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 roams used for sleeping Purposes. In an efficiency dwelling unit, the detector shall be centrally located l,n the ms ceiling of the main roan. Where sleeping roaare on an upper 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. M Sanitary Maintenance. The owner of every multiple dwelling shall be responsible for the maintenance and sanitary condition of all public areas therein. 0. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved shall be suPP 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. HC 2/21/78 -25- r, .IORM MICROLAB CI AP11M 9.30.11 REMFDIES A. Unfit for Habitation. Any dwelling, dwelling units, or rooming units which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector. 1. one which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. one which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general conditions or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public. B. 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. C. Vacate Condemned Dwelling. Any dwelling or any portion thereof condemned Ts unfit for human habitation and so designated and placarded by the Housing Inspector shall be vacated immediately or as ordered by the Housing Inspector. D. Tb Re -Occupy Condemned Dwelling. No dwelling or portion thereof which has been oorrlenned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured frau, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. E. Faroval of Placard Prohibited. No person shall deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been condemned as unfit for hu nan habitation and placarded as such, except as provided in subsection 9.30.11.D. _27_ HC 2/21/78 J017M MICROLAB .�, iwi'q1 .i,r,L)-nU • ..,i. .. . CHAPTER 9.30.12 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 heath 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, became a member of, registered a complaint with or has been supported by a tenant's union or similar organization. B. Presumption of Retaliatory Conduct. In any action by or against the tenant, evidence of a mxnrQlaunt 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 nonexistence. 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 oondition or conditions found in violation of the health and safety codes were directly caused by the tenant or the meTbers 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 prenises 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 could 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 conduct as defined, 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. E. Normal Lease Term. The provisions of this Chapter shall not apply in such a way as to affect negotiation of a lease renewal at the end of the normal term of an original lease. -28- HC 2/21/78 .IORM MICROLAEt Hili,itUi ILi4LO BY JOkM M1CkOLAB • CEUAk kAVIUS AIIU L)L, +L- •-• City of Iowa Cit - MEMORANDUM DATE: February 21, 1978 TO: City Council FROM: City Manager RE: Council Reading File This memorandum is to remind all Council members that a Council reading file is maintained on the Mayor's desk. Material put into this file consists of items which it is felt will be of interest to you - notices of meetings and conferences, copies of replies to letters on the Consent Calendar, material which is impractical or not important enough to duplicate and send in the weekly packets, etc. y,?S Idl Gior1V1(D BY DORM MICR46LAB rrPAR Ph"In, nrS MOPIFS Pl;u<Ur 1LMLU UY JORM MICkOLAB CITY OF CIVIC UNIER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.18Ch LLUAR RAPM AHU OWA CITY February 16, 1978 The Honorable John E. Patchett Representative (25th District) State House Des Moines, IA 50319 Dear Representative Patchett: In June 1977 you received a letter from the City of Iowa City concerning the applicability of sales and use taxes to local government services. A copy of that letter is attached. You will note that reference is made to sales tax on admissions to receation facilities, such as zoos and swimming pools. However, these facilities, if owned by non-profit organizations, are not taxed. Senate File 2102 would exempt the gross receipts from the sale of tickets or admission to activities operated or sponsored by elementary or secondary educational institutions from the state sales tax. It appears that this is an appropriate bill to amend to provide for the exclusion of munic- ipalities' recreational services from the sales tax. Your submissions of such an amendment and eventual passage of the bill certainly will be appreciated. Sincerely yours, Robert A. Vevera Mayor cc: City Council Robert Harpster League of Iowa Municipalities Suite 100 Des Moines, IA 50316 /ls Same letter sent to: Senators Doderer and Redmond; Representatives Hinkhouse, Small, Hargrave and Svoboda r .' '4111W IUIED BY JORM MICR(�LAB FMAn PAr`rn . "[S '10!!111 yz G Miu,Wl ILALU BY JORM 1-11CROLAB The honorable Join E. Patchett Representative (25th District) State ]louse Des Moines, IA 50310 Dear Representative Patchett: LLUAk MHL)U) A;IU „L� .�• � .Juno 15, 1,777 In auditing municipalities and counties, the Department of Revenue is finding that many local officials are either uninformed or anisinformed about the application of the sales and use taxes to local goverment. Sone months a&o, the City of Iowa City was required to make past pay- ments to the Department of Revenue for the same reason. Receipt of the sales and use tax guidelines this past week from the Department of Revenue has encouraged me to bring to your attention provisions of the law which I believe are inequitable. Cities and counties which provide recreation facilities, such as zoos and swinming pools, are required to pay sales tax on adnissions to those facilities. lbwever, if those facilities are owned by ion -profit organizations, such as the Y.!A.C.A. or other L cups, then the sales and use tax law does not apply. It cortainly does not seem to make sense that the residents of a camnnity or users of county recreational facilities should be required to pay sales and use taxes dust because local government rather than a nen-profit organization provides those services. Sales and use taxes also apply to gross receipts from the sale of water, gas and electricity. In a period of scarce resources, when the cost of utilities will continue to rise, it seems to be very inequitable for sales tax to be applied to utility services. In these two instances I believe the residents of tite State of Iowa would greatly benefit from the exclusion of these two items frac the sales and use tax law. Your investigation and support of these changes certainly will be beneficial. Sincerely yours, Beal G. Berlin City Manager cc: City Council i MICRO(ILMEO RY JORM MICR#LAB �n,pr rnrllr ,art 'd019E5 Nlu,( F iLi-1W by JORM MICkOLAB LLUAt kAPI u:) AIIU uL City of Iowa cit, _ MEMORAND M - DATE: TO: Neal Berlin, City Manager FROM: Anatolij Kushnir, Assistant City Attorney RE: Utility poles February 16, 78 C il• (JA �pl ISSUE PRESENTED Can the City Council direct control of the location of electrical utility poles by ordinance? CONCLUSION 6n I�I By way of a franchise, the electric company is given a broad grant to locate its poles and other, equipment upon city streets subject to said poles being obstructions, a danger to health and safety or relocated for the purpose of facilitating a public im- provement. Absent these conditions, the city council may only direct control of placement of such poles by amendment of such franchise. DISCUSSION On August 10, 1959 Ordinance No. 2170 was passed by the City Council and was latter approved by a majority of the electors of Iowa City at an election. This ordinance provided a franchise to the Iowa -Illinois Gas and Electric Company and its successors and assigns to acquire, construct, erect, maintain and operate in the City of Iowa City, Iowa an electric light and power system. In- cluded in this franchise was the following authorization: "(T)he right to erect, install, and maintain the necessary poles, line wires, transmission lines, conduits, and other appliances for the transmission and distribution of electric energy along, under, and upon the streets, avenues, alleys, bridges, viaducts, and other public places in said City of Iowa City, Iowa." Section 1, Ordinance No. 2170. • 'T- MICROF ILMID By ' JORM MICR¢LAB r$ 0An VAP! n all tiar 1.11 a<UtILd1LU BY JURM MICROLAH ,Neal Berlin Page 2. CLUAN RAPiu; AHU This grant to erect upon public streets is limited in Section 3 of said ordinance wherein it is stated: "The Company shall have the right to erect all necessary poles... provided that the same be so located and maintained as to make no unnecessary obstructions to any drains, sewers or to the flow of water therefrom which have been or may hereafter be located by authority of the City." Further, said section limits location of such poles so as to make no unnecessary obstruction to the use of the street by the public. In addition to the above, said franchise authorizes the city council to direct the company to remove or relocate its installations, at the company's own expense, for the purpose of facilitating the construction, reconstruction, maintenance, repair of, or to promote the efficient use of any public improvement. For example, this pro- vision authorized the city to require the company to relocate its installations underground in the urban renewal project area. The urban renewal project, a recognized public improvement under the provisions of Chapter 403 of the Code of Iowa, would require removal and relocation of existing electrics insta ations as the whole area is undergoing reconstruction and the proposed uses would require different types and systems of electrical equipment. Absent such limitations, the company is given authority to place upon city streets its equipment so as to allow operation of an electric power system. I do not find, any authority in said franchise which would allow the city to direct the placement of such equipment absent the above limitations. Should the city wish to amend the franchise, the procedure as set forth in Section 364.2 pertaining to franchise should be followed. t .1 I I4IC20f ILIdFD 6Y DORM MICM�LAB rrpp nnrl^` 'SIS 4101 NfS h1iL1<Uf IL;'IC.0 BY JOR1.1 141CROLAB LtUArt RAPIJS A11U JLC I'�•a� DRAFT RECE b'EC .,78 Johnson county regional planning commission j Isobel iurrr_-r u: •. �,. t,_'., < 22%2 south dubuque street. iowo city. owo 522d0 (319)351-8556 Emil L Brordt February 14, 1978 Mr. James L. Shive University Heights Consulting Engineer P.O. Box 1050 Iowa City, IA 52240 Re: Bus Service University Heights Dear Mr. Shive: In answer to your letters of December 23, 1977 and January 26, 1978 relative to the provision of bus service for University Heights, this matter has been actively discussed by the Com- mission's Executive Board and by the full commission. The Regional Planning Commission has, over the past several months, expressed concern at its monthly meetings that two of its member agencies have been unable to reach agreement on a service contract. The problem this posed for the provision of transit service throughout the metropolitan area was of special concern to the Commission. At the November 16 meeting, the Commission asked the Executive Board to explore whether the Commission could play a role in helping to resolve the apparent impasse. since that time, representatives of the Executive Board have met with representatives of both communities in regard to this matter, but as you are aware, the matter has not been resolved. The Transportation goals of the Regional Planning Commission are to provide: -access to all parts of the urban area -accessibility for all segments of the population -a balance in transportation modes In this regard the Commission and its committees have worked very actively to foster the development of an effective integrated tran- sit system that would provide for more even use of alternative transportation modes. The Commission has also advocated the eventual establishment of a Transit Authority that would serve as the vehicle for providing transit services on an areawide basis. -�� 141CWFILK0 BY JORM MICR6LAB MlLtiU! ILMLL) BY JORM 1.11CROLAB -2- CLUAR RAPIjil) Ailu LiL, �U,:iL We anticipate that the Commission will continue to promote these goals and that its planning, coordination, and informational activities will reflect this. It should be noted, however, that the Commission was established by its member governments to provide advisory planning and coor- dinative assistance to its members. As an advisory body it can encourage and assist members to work toward the resolution of difficult issues, but it cannot impose solutions. The position of the Commission on this issue is to continue to urge the two communities to explore how they can work together on transit and other matters. Sincerely, Isabel Turner Chairperson CC: University Heights Council Iowa City Council James Leach, Congressman Charlene Schofield s• � 14ICROCI LI•ICO 6Y , ' JORM MICR�LAO fC7AP Pprin�, sir �, t101'ICS Viit.IfUi iLi'ICU BY JURM I4ICRULAB LEUAH kAiliUS AND L)EIIL �� TAQha RECEIVED -:' 1 178 IC83 /0WA. PUBLIC TRANSIT DIVISION STATE CAPITOL DES MOINES, IOWA 50319 515201.4265 February 15, 1978 REF. N0. 090 Mr. Richard Kruse, Councilman City of University Heights Iowa City, Iowa '52240 Dear Mr. Kruse: This letter is in response to your inquiry dated Feburary 6, 1978 concerning the provision of bus service by the City of Iowa City under contract to the town of University Heights. You have two questions which were: Question 1: Must the city of Iowa City repay and money if they do not provide the service which was funded with state transit assistance funds? Answer: Yes. Question 2: Must the city of Iowa'City provide service to that portion of the population that it indicated it would serve in its application for state transit assistance funds? Answer: Yes, or return the state funds which were awarded for that purpose. For your information I am sending a copy of the Iowa City grant application, as well as, our contract with Iowa City. To be more specific, it does not appear that Iowa City mentioned transit service to the town of University Heights in its application. However, the Johnson County Regional Planning Commission in its letter of review dated October 24, 1977, did express "some concern... about the current Iowa City -University Heights service contract dispute... the official action of the commission, however, was to endorse the project...". COMMIY40NI o5 JI ILE SAIA, If'Y8,11 OAILD IIA DUNN DONALD^ RI O"DNI 11 W1111AM11 iM,GIlAlll 110111111 11111It I"lllll 1 SIANLEYSCHOELEIIFIAN 0201 11.110) BY JORM MICRallyLAB FrWl earl^, . 'qti "PIV At I All 1110M5 DWmq'.. KiLIWi iC.iLC BY JORM 11.1CROLAb Mr. Richard KI e _ Z CLOAk RAVIUS AIIO L)L� wa City Additionally, I have contacted Mr. Neil Heightserlin desireftoopurchase concerning the town of University Mr.Heights informed me transit services from Iowa City• toprovide transit service that the city council is willing on a contractual basis sain conjunction with a number of other services in a p one through It would appear that the grant application has g the Regional Planning Commission's review and received its approval and that based on the present information Iowa City is providing transit service in theause ofwith state transitt ually stated objectives concerning ng assistance funds. If we can be of any further assistance, or if you have any additional information please advise.. Sincerely,, Terrence L. Fritz, Direct Public Transit Division TLF:kh Enclosure cc: Neil Berlin, City Manager Iowa City q. 411 CROP 1 L141D BY i JORM MICR6LAB frllr,u p.�olm. . �Ic '•'01'If5 M!i AW FILMLj BY JONM MILROLAB LLDAii KAVIJ_� AND LjL, IV...L RECEIVED ,FEUD 2 11978 Iowa City Crisis Intervention Center 412 East W shiiistonstreet Iowa City, Iowa 52240 FebrAry 17, °1970 Iowa City Council Iowa City Civic Center Iowa City, Iowa 52240 Dear Friends) The Crisis Inter- vf and ention tervwishttors of thankthe youlowa for theyInter- support the City of Iowa City has shown to the Center's programa in the past and con- tinues to provideIn 1978, Enclosed is aWcopy hopefyou the Crisis Center's Annual Report 1977, will find itof Interest, Again, thank you for your fine support .and continuing cooperation. The Staff and Volunteers Iowa. City Crisis InterventtUn .. Center //27 Ii100EILME0 BY JORM MICR+LAB frnp p.+f'I1' • ^IS A011IEC Mii a<Ui iLlIL.I) by JORM 1.11CROLAb IOWA CITY CRISIS INTERVENTION CENTER 112% E. Washington Street Iowa City, Iowa 52240 LLOAr< i<AI'lw AIlu OL, i�.,L ANNUAL REPORT 1977 Crisis Line: 351-0140 Business Office: 351-0126 1977 was year of growth for the Iowa City Crisis Intervention Center. Community use of telephone and walls -in counseling and information and referral services continued to increase, services to transient persons through the disbursemnt of Salvation Army vouchers continuedg and the Suicide Line, in operation since November 19760 becetme a well established and widely used facet of Crisis Center services. The Youth Line, in operation since March 1977, was begun to serve community youth.with a peer counseling resource. Approximately 26 youth, ages 14-189 were trained in counseling and crisis intervention skills for the Youth Line. In December 1977 the Crisis Center was granted certification by the Iowa Drug Abuse Authority as a certified Hot Line and'Drop- in Service. Attaining certification was a voluntary measure for the Crisis Center. Staff members,with the help of several v61un- teers,planned and directed a State-wide conference for crisis in- tervention workers -in September 1977- 90 persons attended. Approximately 70 new volunteers were trained to work at the Crisis Center in 1977; There were 12 in-service training sessions for volunteers. Public speaking engagements to facilitate pub- lic awareness of our services were provided to the community via radio broadcasts and speakers at local schools, local churches, campus dormitories, and the School of Social Work. In addition, members of the Crisis Center participated in the training pro- grams of the University Aleoholism Center- the Elderly Alcohol Outreach Program. and -the South East Iowa Family Planning Agency. 'i RICROI IIIdCo BY ' JORM MIC R�-LAB r r[)Au i+r,r n' . 'If 'dn!'I(r htl�,tUi ILALU BY JURM MICRULAB CEUAit RAV1U'� AF7U L)u i.. Annual Statistics 1977 Number of Contacts Callers 4032 Aalk-ins 1102 Transients (355 59 9 Tvpes ofContacts Crisis 64; Information and referral t6% Increase or decrease from 1976 16:. 22� -16rb �•. Characteristics of Clients (similiar to previous years) lien 5 i� Under 18 124 Student 2070 Women 467j Over 18 88% Non -student 805 Number of Contacts by Type of Problem or Information (partiRl list) Interpersonal 703 Loneliness 551 Depression 29 Family life 72 Financial or employment 406 [.,edical (not otherwise listed) 282 Drugs (other than alcohol) 274 Housinn_.(non-transient) 271 S exn •cam 245 Suicide 202 School 190 i.arriage 175 Alcohol 1%2 Legal lµ0 Prennancy, abortion 134 Reralto Other Agencies (partial list) ohnfereon Csounty Social Services Jo 192 Free Iedical Clinic 134 University Counseling Service 131 Community rental Health 128 .VRAC 112 Hospitals 96 Emma Goldman Clinic 88 Psychopathic Hospital 73 Youth Services 7638 Hera Havikeye Legal Services 62 Alcohol CounselinT 59 Employment Services 54 Lutheran Social Services 52 Police Department1 Clergy Counseling So -me Particular Areas of Concern Suicide The number of contacts involving potential or threatened suicide in 1977 increased by 60% to a total of. 202. Thirty of these calls "C rncuonurrn or DORM MICR+LIMB rrnpu 0API ':. . "[C !101'11 14:utUi iLMLU BY JURM MICkOLAB LLUAk RAHL)U, ANU uLj ri, tc�•n- WerL eived on the suicide line that was in operation for the first time in 1977 and that is used after 2 a.!n, when the rest of the Center is closed. Of the total number of contacts, 90'76 were by persons over 13 years of age, 64J were by women, and 251 were by University students. 19/ of the calls were made by a person concerned for a relative or friend who was thinkin; of suicide. Drues and Alcohol The Crisis Center had 4.46 contacts concerning drugs and alcohol, an increase of 20'6 from 1977. Of the 274 calls concerned with drugs, 65;b were categorized as a crisis situation. Illicit drugs accounted for 53; of the Crisis calls, mostly marijuana, LSD, cocain, and amphetamines. 30;0 of the drug-related contacts were from University students, Alcohol realted contacts were 172, 90/ listed as crisis calls. Only 12.E of these contacts were identified as University students, Spouse Al)use The Crisis Center had 72 contacts with spouse abuse cases, 90? be telephone, i..ost of the women were over 10 years old and were not University students. The most frequent referrals were to the No -men's Center, Hawkeye Leal Aid, Community :.ental Hearth, and the Police Department. Sin,rle Parents The Center had 57 contacts with clients who identified themselves as sinnle parents, iost were women over 19 years old and 251 were were University students, The most frequently mentioned problems were financial, loneliness, and family mana,.-ement. Youth The Youth Line, in its first 10 months of operation, received 204 calls, Approxi:matoly 60,•0 of these calls were serious calls by persons under eir!hteon years of^a"e or their--axon-ba. The major areas of concern were family lire; suxuality, school, loneliness, and depression, The teonazers who staff the Youth line have also been f,reatly involved with publicity efforts and public speaking for the Youth Line. MICROI ILMED BY JORM MICMy LAB �rllAn nn;.n".r �. •dn!•i,c r1!IowFILi4LU BY JORM MICMLAB SUICIDE LINE CALLS LLUAi< RAPIU`, ;VW OLS A total of 119 calls were received on the Suicide Line, which is activated when the Center is closed at ninht and turned off whenever the Center of opened in the morning. Normally the Center closes at 2 a.m., but aurin,?_ University vacation periods, it may close at midnight. Duringweekdays, staff usually opens the Center by 9 a.m., but on weekends it does not usually open until lla.m. Of the 119 calls, 30 were calls that involved suicide or a potential suicide threat. The 7reatest majority of the rest of the calls were also crisis oriented, involving relationship breakups, depression, lonlliness, homosexuality,and marital probelms. There were 3 rape calls, 2 runaways, and 3 battered women. The number involving drugs and alcohol as a primary problem was 14. In the non -crisis category were 10 information and referral calls, although most of these cane between 8 and 10 in the morninn. There were 7 hang-ups and 5 pranks. There were occasional calls by 11 d 9 lls in October by one 3 a.m. caller. chronic ca ere, an ca RILES OF CALLS Suicide 2 . 1 2 2 4 3 8 4 4 5 3 6 7 2 8 3 9 1 10 r7liNGTH OF CALLS Non -suicide 5 9 17 18 (9 by same person) 8 8 7 4 5 5 10 Of the suicide line calls, 8 were under 15 minutes, 4 lasted between 15 and 30 minutes, 6 between 30 and 60 minutes, and 12 lasted more than an hour, i�.ONTH OF CALLS 141CROf ILMCD BY DORM MICR4LA6 Suicide Non -suicide Jan. 2 4 Feb. 2 5 i arch 6 April 1 ?.ay 29 June 6 July 3 Aug, 1 12 Sept. Oct. 4 13 Nov. - 10 Dec, 3 10 141CROf ILMCD BY DORM MICR4LA6 hlil.,Wi 11-4L0 by JOHM 1'11CHOLAb Mr. Neal Berlin City Manager City of Iowa City Civic Center Iowa City, IA 52240 Dear Mr. Berlin: CLJA,t HANiJ'� AIIO JLC ,�'•:r� J , 1 1 I• PLANNING AND RESEARCH DIVISION 000 LINCOLN WAY -AMES IOWA 50010 5 1 5196 1661 February 16, 1978 RCF. NO. 518 Johnson -Washington Bob Henely, our District Engineer in Cedar Rapids, just informed me that in a telephone conversation today with Mr. Dick Plastino of your staff, that you are very much interested in pursuing with our District and Central Office personnel possible alignment shifts for 518 west of Iowa City. As you know, representation from this office met with your staff personnel on January 20, 1978, and this topic was discussed. We understand your proposal in this regard and certainly recognize it as part of the developmental process, upon acceptance by the District Court of our currently approved Final EIS for this project. However, until the injunction for this project is lifted, particu- larly as it relates to the sections south of Iowa City, we feel that it is somewhat premature to address to any great detail the align- ment shift proposals west of Iowa City. Please be assured that upon lifting of this injunction our planning activities will incorporate your concern through the direct coordin- ation with you and your staff. We appreciate your continued interest in this project and look forward to closely coordinating its further development with the overall planning process for the Iowa City area. Since ,rely., obert L. umphr RLH/pas Project Planning Engineer cc: Ian MacGillivray, Director -Planning & Research, Iowa DOT George Calvert, Deputy Director -Development, Iowa DOT Bob Henely, District Engineer, Iowa DOT Don Ward, Director -Office of Advance Planning, Iowa DOT George Forsyth, Project Engineer, Iowa DOT Harry Budd, Project Engineer, Iowa DOT Dave Drake, Environmental Coordinator, Iowa DOT Asher Schroeder, General Counsel, Iowa DOT LOMMIS:3NN1 RS ,•ill'. r,I NII':AI❑ IbN tl vdiA bOVI IIONAI 11 n IVAl4)NI R WILLIAMI Mf6RATH 001IFRTR N16LfR L STANLFY SCHOtt fRMAN Al IAN 11101,15 i I ilr U•.•. r.1.ne..., Cnm. 11,111.0• 64•b o.x N,w IIq T01on SVrvOtn flWnulur %,130 MICROf 1110 BY JORM MICR6LAB rpAR o.1 PIT '1(`M01NI' MiufUi-ILMLD BY DORM MICROLAB MINUTES OF STAFF MEETING February 1, 1978 LLDI' t ROW' ) AFIU L)L, The departmental referrals from the informal and formal meetings of January 30 and 31 were distributed to the department heads (copy attached). The legal staff advised that it will be possible to obtain reprints of portions of the new municipal code directly from the company. If any departments will need a supply of reprints of portions of the code, the Legal Department is to be notified. Department heads will be contacted about the number of copies of the new code needed for each department. The Chamber of Commerce is sponsoring a seminar on "The Effective Use of Language" on March 8 and 9 from 7:00 to 10:00 P.M. at the City High Auditorium. Cost is $60 per person. Interested parties are to register with the Chamber of Commerce. The department heads were asked to request staff to refrain from smoking at both the informal and formal Council meetings. The Finance Director mentioned that she would be sending out a memorandum on the cost of changing phones from the dial type to touch-tone. This is in connection with the new dictating machines which will be installed soon. y3/ i MICRDI1LIAED BY JORM MICROLAB frPAP V;d'1^` • Irl, MDINFt N iL,KU1 iLMLU 8Y JURM MIGRULAB JANUARY 30, 1978 DEPARTMENT COUNCIL MEETING LEUAii RAi'lils ANU REFERRALS O DATE REFERRED DATE ¢ LU SUBJECT RECD TO DUE � � § W Q ' COMMENTS/STATUS P.W. - obtain intention F, timeframe X for extension of Sunset St. from Barker subdiv. - request letter indic ting interest to annex when property isLEGAL 1 30 CONDA DEV Annexation Oaks Meadow - q Pub Wrks - assessment Com Dev - appraisals of Water's prop 1/30 PUB WRKS 0 aI DEV Comm Dev - report concerning HAP to City Manager. 1/30 COMM DEV Readvertise vacancies on Board of Appeals and Plumbers. 1/30 CTI MGR Notify Grand Daddy'sliquor permit — deferred 1 week to allow them to enmnly with the Sign Ordinance 0 11OUSING Schedule Hickory Hill - Ralson forinformaldiscussion 1/30 CTY MGR ICreek with1Reginad5cKooQ 1/30 PUB WR KS FI�g Board LLUAR kAPIU�) AND UL� i�.;._. I REFERRALS D DATE DUE 0 LU W ¢W¢ o L6Q H ¢ ¢ a COMMENTS/STATUS UE s T i h11LRUl ILI4CD 6Y DORM MICR+LAB CrDAP pnrla,, . �)rz �anrirs M1(AW ILML0 BY JORM 141CROLAB MINUTES OF STAFF MEETING February 15, 1978 CLUAk kAklUj AIIU JLC w.LL The departmental referrals from the informal and formal meetings of February 13 and 14 were distributed to the staff (copy attached). The Chamber of Commerce is trying to become more involved in projects of the City. The City Manager requested department heads to add the Chamber to mailing lists for any special reports, notices and minutes of neighborhood meetings, etc. The City Manager asked for comments from the staff regarding the Data Process Report. The Director of Community Development discussed data which he felt should be compiled for storage in the computer. He added that it should be coded to 1980 census tracks. The suggested data included block and lot designations where possible, land use, zoning classification, structure condi- tion and age if possible, etc. He added that this basic data is needed when dealing with HUD. Building permits could continually be fed into the system. Other suggestions were change in use of land, public improvements, sidewalk age and condition, water system problems and when system went in, etc. After a brief discussion, the City Manager concluded that the present step should be to have each department determine what priorities are for the next three years and then establish an overall City priority. He suggested that a meeting be set up of department heads who are interested in developing data banks. 1131 q.. .:1 alcaol nwrm BY JORM MICR(?LAB i MICROFILMED BY JORM MICR+LA9 rrnnn pnrin' . nrS'dni7irS 'STATUS COUNCIL MEETING FEbruary 14, 1978 MILS<Ui 101LJ BY JORM MICROLAB CLOAK RAPIuS NIU OL' DEPARTMENT REFERRALS ,TI !-0ICROFILMF.D DY JORM MICR46LAB f FFDAP PAP!n. W SUBJECT DATE REFERRED DATE W ¢ W RECD TO DUE m m a O COMMENTS/STATUS W a LN Letter to Waters $ Oakes re: subdivisi requirements 2/14 MM19p, State payment for school costsL/9 d nn W S0) Sus. (Small's letter) 2/14 n Richard Clinite 538 Kimball Road narrow road accidents with buses 2/14 PUB WRKS Policy re City employees on Board $ 2/14 HUM REL Commissions (distinguish service on CI i1 r Amend Resource Conservation Commission 11,1gr- to include Council members F, staff 2/14 LEC L 1 Discuss Market B Dodge Street apts at informal meeting 2/14 LEGAL FEB 27 David Perrett re -appointed to JCRPC 2/14 Enforcement of Codes schedule for informal session 2/14 HOUSING Corridor sewer - Madison Street paveme t additional information to Council v ,TI !-0ICROFILMF.D DY JORM MICR46LAB f FFDAP PAP!n. �. .7 . i•ncaonuam or 1 JORM MICR+LAB rrnmB . nr5 moi!v,, 'US r 8- I�. "w :L.?I a by JUkM 111CRULAu 1.L JAIKNrIJ� rM JLC Des Moines Register, February 21, 1978 Kinley says Senate to get bill on tax burden shift By DAVM YVM R~ No wee. Iowa Senate Majority Leader George Malay said NOWAY the Stoats will consider this year a 6111 deigned to pot a dM of the property tax headed from farms to residential property. Kinky, a Des Moines Democrat, told a news conference that be Me persvus"d Sssate ways and Mesas CMW= Norma Redgers (Dan., Aid) to cseddw the hW this year. Rodgers had sold earlier he weetod to wait until nett year to consider the bill. He said be wanted additional, more solid information and did not want to relies the property tax debate by mroldering the bill thin year. The problem Is a remelt of the 1677 property tax law that limits the increase on valuations of farmland and residential property 10 6 FIR' I for each of the two years the MBAs in effect. After it was pasted into law, addi- tional information showed that farmland would ad Increase to value as much ars had been antklpated, Since the value of 11010412 Is expeded to Increase by the fall 6 percent, an additional property tax bw would shut onto homes dein{ the second year of the bill Rodgers aha had said that coadd- enpiwit �wny~fplenty of Um to preventahtt II the factual data coutiwed to show a &Ut would occur. Kinky said„ after visiting with (Re on) I can tell you time Senate will Iook at It.” Kinky, a Des Maines Democrat who voted against the 1677 proposal, said there wAs stealing among many Democratic senaless that the Senate should cesslder the bill this year. "If the Have sends us the bill. I've asked Sector Rodgers not to fit on the bill but in fact to bring it to the floor," Risley sad. He sad lawmakers did not want arq ahltt of the tax burden and that such a bill should prevent that shift He said he would be "very dtasP pointed" if goose hill to prevent a shift didn't pees the Senate. The Iowa Have ways and Means Committee has approved such a hill and sent It to the House floor for coo- sideration. P6uage of the bill Is expected to the House Aad KW*f a statement Monday Assures Senate consideration of the matter. Many lawmakers who represent urban areas and who are running in this year's election have said they fear voter wrath If something Isn't done about the anticipated AUt during the second year the bill Is in effect. one economist has predicted that with the enactment of the Have bill, an outright abaft in burdens would not occur. But Drake University professor Steven God hu said the bill will UUW a need far national state ad to loaf schools. H the mute ratan the money to pay for that aid from an Income or Wes tax tacrease, that money will most Ilkely tonnaIrom erban r rldenu who, pray the bulk of there taxa. lyaa :4KRII1 ILIILO By JORM MICP6LA9 i I ,It :. . I •tn^;I' '•1�wiW iL;,1Lu by JORM HICkULAti UNIT OKs BILL -ON MOTEL, HOTEL TAX By CHUCK BULLARD ■MM1w nM Wrew City counclts and county boards of supervisors in Iowa would be able to levy a 5 percent tax on hotel and motel receipts, under a bill approved by the Iowa House Ways and Means Committee Wednesday. If the measure passes the Legis- lature, It would be Iowa's first local option tax. The House will consider the legislation next If the tax were Imposed statewide, it would raise about $5 million a year, according to the League of Iowa Mu- nicipalities, whicbsuppotts the bill. Imposition of the tax would be up to each city council and board of su- pervisors. Thus, the tax probably would not be collected In all areas of the state. Within City If a city council approved the tax and the board of supervisors in which the city was located didn't, the tax would apply only to hotels and motels within the city. If a board of supervi- sors approved the tax and the city council didn't, the ax would apply only to hotels and motels In unincor- porated areas outside the city. The committee rejected a proposal to allow city and county residents to vote on the tax. The bill was approved last year by the Iowa Senate but the House Ways and Means Committee amended It. The Senate version authorized a variable tax of tip a 7 percent The committee version sets the ax at ■ Bat 5 percent. Representative Tbomas GUloon, an Epworth Democrat, said lir aniforrn tax would be easier to administer and LLUAI( kAFIJ, AIib . would be more acceptable to the public. Representative Robert Bins, a Davenport Democrat, argued for the variable rale, saying cities and counties need flexibility. Border cities, he said, need some latitude so their hotels and motels would not be placed at a competitive disadvantage with facilities In other stales. A proposal to earmark 50 percent of the money for property tax relief and 50 per cent for the "promotion and encouragement of tourist and convention business" was rejected by the 39 -member commitice. Some Leeway Because the tax is a loco] option, the Legislature should not determine how it should be used, Representative Terry Brainerd, a Lake Mills Repub- lican argued. "We ought to give the cities and counties some leeway," he said. According to the League of Iowa Municipalities, the 5 percent tax would raise $101,638 in Ames, $93,075 in Burlington, $121,556 In Cedar Falls, $213,856 in Cedar Rapids, $74,/60 in Clinton, $121,7$2 in Council Bluffs, $291,883 in Davenport, $1,070,253 in Des Moines, $129,000 in Urbandale, $191.362 in West Des Moines, $191,362 in Dubuque, 0120,625 in Fort Dodge, $290,766 In Iowa City-Goralville, $178,890 In the Iowa Great Lakes region, $98,075 in Marshalltown, $130,305 in Mason CI - Ly -Clear Lake, $76,695 in Muscatine, 195,629 in Ottumwa, $360,610 In Sioux "lity and $91,213 In Waterloo. ti33 :,Kant 10111) By DORM MICR46LAB !'', u,WI :LAI.0 by JUHtl t4 CROLAb IPINI/N Thurs. Feb. 23, 2978 : AN ItVO�lQJDOit NSRYAIOt DAVID KRUIDENIER, Prendrnl and Pu14,.hrr GICHABLGARTNER, J;di1r GI CRANBERC, FArcomd row r.omr J. ROBERT HUDSON. U(rrrlorof Mnrkninp LOUIS H. NORRIS, auannr .Mann9rr, GARY G. GERLACH, (irnrml roun.vl THE REGISTER'S EDITORIALS Correction, not perfection The Iowa House Ways and Means Committee has whipped out a bill to correct a serious goof in the Legislature's 1977 tax bill. Senate Majority., Leader, George Kinley has persnaded.the Senate Ways and Means chairman to let the Senate act on the bill this year despite personalbbjeetiioes. Without the adrrec►lop there could well be a 'major statewide shift of the tax burden from farmland to residences in the 1980.81 tax year. This W the problem: Under the 1977 law, for two years at at least, increases in the total taxable .values of homes and farms were limited to Increases of no more than 6 _percent annually. The law provided a formula for assuring this as well as for valuing farmland on its productivity exclusively without regard to market 'Value. That tactor alone, would keep farm values from' rising mach more than 6 percent for the first tax year under the law (1979.80). Now, it turns out, the produc- tivity valuation could 11Itthe rise in the second year to no more than 2.5 percent. Should this happen while home valuations are going up the maximum allowable 6 percent, there would indeed be a major shift of tax load to home- owners. The House Ways and Means Committee's bill would avert this by providing for identical allowable increases in total va- luations in case either class of property should rise less than 6 percent. It is a good piecaution which should have been included to the original bill. The only drawback now is that the debate may reinforce public misconceptions about equal treatment of farms and homes. The law deals only with statewide totals, but there are school districts and counties where the formula for achieving a statewide '0'8' is going to result in district or countywide Increases of well over 6 percent in home valuations (there may be even larger Increases in valuations of Individ. ual homes) at the same time taxable values of farms are being reduced. In other districts there are going to be even larger Increases in farm valuations than in home valuations, and there is going to be a shBi of taxes to farms In spite of the law. Such local shifts, which might have been expected normally, may startle some people after all the legislative talk about statewide equality between farms and homes. The least the Legis- lature can do is maintain the statewide equality It promised. This the House bill would do. It should be enacted this session. y3 y T' MICR01 ILI-11. 0 BY JORM MICR6LA13 r, l,qu r.., ." ,. '411; •p �. , " 1 , I i .,J;., by JUKF1 61ILkULAL) DES MOINES REGISTER ■ Mon., Feb. 20,1978 State's road question i,LJhr; .civ 1.,1 "- , . .. build new or resurface old? By DAN PUAJM R,WW no wnr Iowa's roadbuilders appear to be In the Same position as a family that cast decide whether to spend its mon" an a new home or fns up the old use. The average family can't do both, and there aro Increasing signs that date, county and city roadbulldets won't be able to 60 the needed maintenance on their existing 117,000 -mile network and build expensive new roads that are on their drawing boards. d highway oatiaaal sup ghway con tractors admittedly Interested In more matey. for rad programa dropped a study on Iowa last week showing that through 1988 Iowa will need to resurface more than 11,000 of Its most heavily travelled 35,500 miles of roads and city street and reinforce their bridge structures. That alone will cat 51.5 billion, which is is about a half -billion more than will be spent during the upcoming 10 year period based on present state, coanty and municipal spending levels. Deteriorate But if the ,date, counties and cities postpone resurfacing beyond ■ prudent point, the report added, roads will deteriorate to the point when they must be rebuilt completely. Because the expense of complete re- building an be as high all nine times the $44,000 per mile rISMIKIag cat, the potential bill for reemstructioo could soar to totals normally used by missile builders or New York City municipal bond flnanclers. The study was done by the Rad Improvement Program (TRIP), ■ Washington, D•C: based group of rad engineers, which used federal AM elate studies matched with an expected 76 percent traffic increase In the next decade. The simple resurfacing cost estinn tes are high enough, but a De- Wiment of Trrotportatlan analyst asked to verify the figures In the TRIP study said "It probably errs on the low aide." In Place The significance of those numbers skU In when one considers that the study concerns just rads already In place, not the planned super -projects of the future. Iowans now are digging Into their pockets to the tune of about $400 million per year to pay fuel taxes, vehicle licensee, registrations and sates taxes and earmarked property taxes to pay for state, county and city roadprograms. So It would Mem that there should be it oE;mooey'to lake caro of future needs. But as presently organised, highway funding doesn't work that way. in the present fiscal year, the Iowa Department of Transportation will take In $247 million in state and federal rad trust funds. But more than $65 million of that mud go for salaries and support, so about $160 million is left for actual rad con- stmctlon. Of the matching federal fonds Included in that figure, Jud $7 million is earmarked for road surface rwto- ration. The rest must match State funds for new construction, which automatically f6rces the date to adopt a bias against resurfacing existing roads in favor of building new ones. So in this year, only about $67 million of the DO7"s $160 million road program will go toward pavement rehabilitation and bridge repairs, considerably less than OK*d If the TRIP figura are accepted as accurate. Omism Theme figura suggest then, that while the State embarks on Some expensive projects in future years, comparatively little money will be available to 111 those already in place, an ominous development con- gdeeing the rate at which roads est up money even after they are dedlated. The average life Span of road pavement Is 16.2 years — a figure consistent with the rebuilding cycle lows has needed rn for Its mode -day Interstate and new primary tads. That life span can be extended If the road Is resurfaced at least by the time it Is 12 yam cid. 11 not, the aging cycle for the rad — like that for humans — becomes increasingly irreversible by normal patching. — ;nceui n-wl�I n� JORM MICR6LA13 ring . . •.p. The TRIP study showed that If pavement serviceability standards developed by highway engineers' as- sociations is applied to Iowa roads, 11,007 miles of highway will pass that no.retere point within the next 10 years, resulting In the previously mentioned costs. Iowa highway officials were generally noncommital about the accuracy of TRIP's figures, primarily because the 25,526 miles of rads measured cut across stale, county and city jurisdictional lines. Total Traffic The 25,526 miles of roadways in Iowa measured are just 27 percent of the state'$ 117,000 mile system but carry almost 70 percent of the total traffic. The Iowa DOT has said in the past, however, that for every mile of new road that Is being built in the stale, three are wearing out. The DOT has pushed efforts to increase Iowa's fuel taxes to gel more cash. But If TRIP Is right, even if the Legislature Increases Iowa's fuel taxes this session, Iowa is going to have all it can handle just to keep Its present system from crumbling into powder, let alone finance any fancy new projects. To stow how Iowa got into this moan, a little history B In order. The era of paved roads In Iowa dates from Ip29, when the begis- lature authorized the counties to issue revenue bonds to build primary roads. The bonds were to be retired from monies In the lists's primary road fund. In the next few years, the counties blued $118 million In read bonds, which built the 4,000 miles of paved highways that for years served as the basic Iowa paved primary system. Those rade tartest a long time. Some of them are still around today and an be Identified by their narrow. ness and these peculiar little curbs (which were supposed to facilitate drainage) on their sides. They lasted to long primarily for two teasers. One was that highway builders 40 years ago bad the pick of the very hest aggregate available In Iowa quarries for concrete. That ya� bli MW[ !L•i Lu by JOkbl 1•IICkOLAD creme de la creme of aggregate has long since been exhausted. Also, those early roads had only to accommodate the fllvvers and tin Ilrsies of those days. Trucks were small and primitive, the railroads still being the primary carrier of intercity freight. The burden of bond repayment on the state road fund plus the interrup- tion of World War II meant that Iowa did relatively little new roadbullding through the 1940s and early 1950s. But even If the state wasn't building many new roads, its citizens were certainly buying new cars. Federal Trust Fund So political pressure from car owners resulted In the federal legisla- tion in 1956 that created the new In. ter -tate highway system and a mul- tibillion dollar federal trust fund to help pay for it. With a national freeway system es- tablished and bundles of federal cash to pay for the new interstates and primary roads, Iowa and other states kicked off the cobwebs and swung Into high -geared road programs. The result in Iowa in the subx- quenl two decades was 700 miles of four -lane Interstate highways and connecting bridges over major rivers, plus extension of Iowa's basic, nonin- terstate primary road network to more than 12,000 miles. But now the roads were serving not the flimsy old cars but high-powered machines that tore across the landscape at speeds of more than 70 mph on Increasingly sophisticated tires designed to provide tnasimum grab into road surfaces. Even more important, trucks used these new roadways to grab 60 percent of the nation's intercity freight. To facilitate this movement, they began using vehicles of up to 16 tons. So the We qt the new generation of roads was destined to be shorter than that of their forebears. And for these roads, the ticking of the clock has been Increasingly ominous as 1956 recedes further into the past. Meanwhile, the cost of any kind of road construction has been wring. Since the mid -19605, the cost of building a road has doubled. So has i.LUPR 1(I�Y �JJ rGiJ vL.: i.. i. the time needed to build new highways, due mainly to Dew public hearing and environmental reporting requirements. Funding Crunch Iowa DOT Director Raymond Kassel acknowledges that a funding crunch could come in the 1980s as competition for funds between Dew and old roads reaches a fever pitch. But hexes a few hopeful signs. "The delays will work somewhat to our advantage," he says. "For Instance, the construction work on In- terstate Highway S80 north of Cedar Rapids won't start until 1980, so we will have considerable funds available for reconstruction until then." Kassel and others also are aware that farmers disturbed stout I-S68's diagonal route have vowed they will delay the road even longer through lawsuits. "Also, we expect more federal funds for restoration," Kassel said. "If the new Carter administration highway bill paved, Iowa's share of surface restoration money will rise from jb million to 612 million next year„ Kassel also was cheered by Dews last week that a New Jersey con- gressman had proposed a special federal "pothole fund" that would funnel money to fix chuckholes In highways and streets. From the calls we made, it would appear that If the bill passes Iowa could gel another 64 million or 65 million;' Kassel said. Another, more Immediate source of funds could corse if the Iowa Senate approves a Scent Increase in Iowa's fuel taxes. Such a boost, passed last year by the House, would add an extra $150 million to Iowa's road fund, about $18 million of which would be available to the state. The bill, however, Is hung up in the Senate's Ways and Means Committee. Chairman Norman Rodgers (Dem., Adel) said he could count no more than four solid votes In favor of reporting the bill among the 11 committee members. Rodgers said, however, that he is "willing to see the bill debated." 1Ir.It0110410 By JORM MICR46LAB i I'�SI• iq,:. � . . L '.Inl��, is MIL<UIiL?ILU BY JORM MICROLAB February 27, 1978 City Council City of Iowa City Civic Center Iowa City, IA. 52240 Dear Council Members: LCUAI< kAPiU_, ANU JL1 Richard L. Duncan 6 Fairview Knoll R.R. #G Iowa City, IA. 52240 Fo�E0 FEB2 71918 D ABBIE S T OLFUS CITY CLERK Recently you have been discussing proposed standards for rural subdivisions within two miles of the city limits of Iowa City. It is my understanding the Planning and Zoning Commission has proposed regulations for you to consider that would require rural residential developments within the two mile area to meet subdivision standards generally like those that apply to subdivisions within the city limits. When you extend such severe restrictions two miles out from the present city limits of Iowa City you are covering a very large geographical area - much larger then any area the city would be able to annex in the near future. To require rural subdivisions not adjacent'(or reasonably close) to the present city limits to build streets meeting city standards and to provide storm sewers, sidewalks, fire hydrants, street lights etc. is, in my opinion, exceeding the intent of the Iowa Code giving cities review and recommendation rights for areas within the two mile limit. Where proposed county subdivisions are adjacent or close to the present city limits and if the city can prove that such annexation in the near future i% probable and possible then such restrictive regulations my be more feasible. I have heard that one reason for considering this regulation is that the city from time to time has received complaints as to the quality of roads and services in county rural subdivisions. I have no way of knowing how many of these complaints are valid or why they were made to the city rather than to county authorities. As a resident of a suburban county residential area (River Heights) I was completely aware of the fact that I would have asphaltic concrete streets (not concrete) and no y3(o MICRO[ ILVICD 6y i JORM MICR+LAB MItAW ILMLU BY JURM MICROLAB CLUAR RANIUS AND uL,.!U!�L:. Page 2 sidewalks or street lights and made the decision to move to this area because it had many other advantages important to me. More to the point, if protection of the public is the underlying reasoning behind these proposed regulations this in my opinion should be accomplished through the county planning 8 zoning commission and the County Zoning Ordinance as administrated through the Board of Supervisors - not Be a part of the Iowa Code giving cities the right of review and recommendation. It may seem strange that you are receiving a letter from a person who is not a resident of Iowa City but you must realize you are considering a regulation that will have a far reaching effect upon those living well beyond the boundaries of Iowa City. For this reason I urge you to consider this proposed regulation very carefully - Sincerely Yo Richard L. Duncan 1410101.1 LME0 By DORM MICR¢LAB CFPAp PANY • '1fS IA017(S