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Home My WebLink About1978-03-28 Ordinance!;"AI :L:4, , 8Y JOkIA 1.11LkOLAS CHAPTER 9.30 TABLE OF CONTENTS CHAPTER 9.30.1 General Provisions . . . . . . . . . . . . . CHAPTER 9.30.2 Definitions . . . . . . . . . . . . . . . . . CHAPTER 9.30.3 Inspection and Enforcement . . . . . . . . . CHAPTER 9.30.4 Minimum Standards for Basic Equipment and Fac CHAPTER 9.30.5 Minimum Standards for Lighting, Ventilation, CHAPTER 9.30.6 Minimum Space, Use, and Location Requirements CHAPTER 9.30.7 Responsibilities of Owners Relating to the Maintenance of Dwellings and Dwelling Units. CHAPTER 9.30.8 Responsibility of Occupants Relating to the Maintenance of Dwellings and Rooming Units . CHAPTER 9.30.9 Rooming Houses . . . . . . . . . . . . . . . CHAPTER 9.30.10 Multiple Dwellings . . . . . . . . . . . . . CHAPTER 9.30.11 Remedies. . . . . . . . . . . • . . . . CHAPTER 9.30.12 Retaliatory Conduct Prohibited . . . . . . . CHAPTER 9.30.13 RentEscrow . . . . . . . . . . . . . . . . . JORM MICR46L, . 1n 1. . -1 . _ .. hr ARM !11l kULHb "_.r,;: .:.I, , _ ... CHAPTER 9.30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and enforcement of this ordinance. A. Leoislative Finding. It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required. B. Purposes.. It is hereby declared that the purpose of this ordinance is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable 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 enforce- ment thereof. C. Scope. The provisions of this ordinance shall apply uniformly to the con- struction, 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 resi- dential buildings and structures within the jurisdiction of the City of Iowa City irrespective of the date of construction. D. Title. This ordinance shall be known and may be cited as the Housing Main- tenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code" CHAPTER 9.30.2 DEFINITIONS The following definitions shall only apply in the interpretation and enforcement of the Housing Code: Accessory Structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. JoRM MOCROLA13 .. UY JUk'A IIICkOLAD Adjoining Grade shall me' --the average elevation of the g— rod which extends three 3 feet from the f_.•imeter 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 ea signed, 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 shower 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 Heatin System shall mean a single system supplying heat to one (1) or more dwel T ing 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 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 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. Egress 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 eliminating their harborage places; by removing or making inac- cessible materials that may serve as their food; by poisoning, spraying, fum- igating, trapping; or by any other recognized and legal pest elimination methods approved by the Housing Inspector. Family shall mean one (1) person or two (2) or more persons related by blood, marriage, or adoption occupying a living unit as an individual, housekeeping organization. A family may also be two (2), but not more than two persons not related by blood, marriage or adoption. 2 VlpPoll ; 011I)P JORM MICROLA13 Garbage shall mean anir _ and vegetable waste resulting ' im the handling, preparation, Cooking, a. consumption of food; and shall ...so 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 the Housing Code. Infestation shall mean the presence, within or around a dwelling, of any in- sects, rodents, or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square 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. 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. Li vino Room shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for general living purposes. Multi le Owellin shall mean any dwelling containing three (3) or more dwelling un ts. Occupant shall mean any person, including owner or operator, living, sleeping, cooking in, or having actual possession of a dwelling, dwelling unit, or a rooming unit. 0 e� rator shall mean any person who rents to another or who has custody or oominn arretlet,00rawhoihasncustodyart or control,ofntheich premisesi(fornroomingrhouses,usees 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 is- suance, unless sooner suspended or revoked as hereinafter provided, and shall be renewed annually. Person shall mean any individual, firm, corporation, association, or partner- ship. 3 " annniirnn, av DORM MICROLA6 ..LUMP; *11A, 'J.: "i"_ .._ Plumbing shall mean andr�-elude all of the following sups" ed facilities and equipment: gas pipes, y.. -burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, in- stalled 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 without interruption or 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 impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roomer shall mean an occupant of a rooming house who is not a member of the family of the rooming house operator of that rooming house, and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Rooming House shall mean any dwelling, or that part of any dwelling, containing one 1 or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 1. Rooming House -T. epII shall mean a rooming house in which space is let to more than two (2) but fewer than nine (9) roomers. 2. Roomin House -Type II shall mean a rooming house in which space is let to nine 9 or more roomers. Rooming House Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which he resides and in which rooming units are let. Rooming Unit shall mean any room or group of rooms forming a single habitable unit in a rooming 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-combustible materials. Supplied shall mean paid for, furnished, provided by, or under the control of Te owner or operator. Temporary Housing shall mean any tent, trailer, motor home or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Toilet shall mean a water closet, with a bowl and trap made in one (1) piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is DORM MICROLAB .. : b i ARM .111,kULNu .L jwr :Lu .0 . . -- equipped with flushing r , which permit the bowl to be f )erly flushed and scoured when water is di-_narged through the flushing rin.. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", emises re shall�be construed rasmthoughithey wererfollowedaby the th"roois Chapter, t oranpathey t thereof". CHAPTER 9.30.3 INSPECTION AND ENFORCEMENT Enforcement Notice: A. Authority. The Housing Inspector is hereby authorized to administer and enforce the provisions of the Housing Code, and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures, and premises located within the City of Iowa City, in order that he/she occupantperform his/her duty of spublic. safety and welfare ofthe sofdwellings and thegeneral B. Access by Owner or Operator. Every occupant of a dwelling, dwelling unit, or rooming 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 neces- sary to effect compliance with the provisions of the Housing Code or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of the Housing Code. C. Right of Entry. Wherever necessary to make an inspection to enforce any of the prions of the Housing 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 the Housing Code, or in response to a complaint that an alleged violation of the provision of the Housing 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 the Housing 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 oInspector or l of theautbuizednrepre- or premises and request entry. The Housing 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. 4 o aMagistrate for Explain raiOrderrefused, to Allow Inspectioninspector may apply t D. Order to Allow Inspection. The Housing Inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City, Iowa, on a oreasoabe and rderrntolperformeethduty sofcsafeguational rding the asis or uhealth pon gand tsafetor y ofathe �n DORM MICROLAB . _ by ,1URM :-IlLr(UL:a) -:.,n,,. ..", :.,_ ... occupants or the pL c. If consent to inspect the I'll lding 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. 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 the Housing Code. Any person vio- lating this subdivision shall be fined not more than $100 or imprisoned 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 the Housing Code in any ensuing action brought by the City for a violation of the Housing Code. 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 the Housing Code 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 there- for. Such notice shall: 1. Be put in writing; 2. Include a description of the real estate sufficient for identifi- cation; 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 re- quires; 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 per- sonally 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 reg- istered 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 the Housing Code and with rules and regulations adopted pursuant thereto. 6. 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 the 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. Housing Appeals Board. In order to provide for final interpretation of the provisions of the Housing Code and to hear appeals provided for hereunder, 11 hll rami ;U1f d !t �' JoRM MICROLA13 there is hereby es lished a Housing Appeals Board isisting of five (5) members and two (2) dlternates who are meTherCity Managers of thtsshallodesignate none of whom are employees of the City. a Secretary to the Board. The Board shall be appointed by the Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Housing Inspec- tor. Appeals to the Board shall be processed in accordance with the pro- visions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and regulations adopted by the Board shall be delivered to the Housing Inspector who shall make them freely accessible to the public. Appeals. Any person affected by any written order of a Housing Code violation, order suspending a housing permit, notice of intent to placard, or certifi- cation of elibigility for a rent escrow program may appeal to the Housing Appeals Board in accordance with the procedures of the Iowa City Administra- tive Procedures Ordinance. The Board may modify any notice affecting the provisions of the Housing Code so as to authorize a variance from the provisions of the Housing Code when because of special conditions, a literal enforcement of the provision of the HousingCodet will t ltresult in of practical difficulty or unnecessary hardship; provided, the Housing Code will be observed, safety and welfare secured, and sub- stantial 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. J. Other Remedies. No provision or section of this ordinance shall in any way limit any other remedies available under the provisions of the Housing Occupancy and Maintenance Code or any other applicable law. t of K. Emer enc Orders. Whenever the Housing Inezestsrwhichthe requiresCemen iimmediate t e Housing o e, finds that an emergency 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 the Housing Code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. 1. Hearing.. Any person to whom such order is directed shall comply therewith, but upon petition to the Board shall be afforded a hearing as prescribed in the Housing Code. After such hearing, depending upon the findings of the Board as to whether the provisions of the Housing Code and the rules and regulations to have been complied with, such Board adopted pursuant there shall continue such order or modify it or revoke it. Nothwith standing other provisions of the Housing Code, every notice served by the Housing Inspector shall be regarded as an order. CHAPTER 9.30.4 MINIMUM STANDARDS FOR BASIC E UIPMENT 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: JORM MICROLA13 _', UIUI i!Hf I,) J .i�IL, I' A. Supplied Facility. ~ very supplied facility, piece L 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 room or kitchenette equipped with the following: 1. It shall include an approved kitchen sink. 2. It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. 3. It shall contain a stove or range in proper working order. C. Toilet Required. Every dwelling unit shall contain a toilet. D. Bath Required. Every dwelling unit shall contain a bath. E. Lavatory Basin Required. Every dwelling unit shall contain a lavatory basin within the room containing the toilet. F. Privacy In a Room Containino Toilet and Bath. Every toilet and every bath shall be contained within a room or within separate rooms which afford privacy for a person within said rooms. G. Water Heating Facilities Required. Every kitchen sink, bath, and lavatory basin required in accor ance with the provision of the Housing Code, shall be properly connected with supplied water heating facilities. Every sup- plied 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 re- quired under the provisions of the Housing Code 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 require- ments 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 sink, toi et, avatory basin an bath sha 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 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. 2. Every exit from every dwelling shall comply with the following require- ments: (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. 8 Aplilll [Lill l Ry DORM MICROLA9 .- i:' ., iif iMM I.1 �(,KULtib • �C�iv: :!nr,.,� n.iv (c) All handr ''ls shall be substantial and she" be located between thirty (�_, and thirty-four (34) inches ab..a the nose of the stair treads. (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. (h) 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. 3. In basement units where one means of egress is 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 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 vent- ilation 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 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. Minimum Rear Yard Re uirements. Every single and two (2) family dwelling shall ave a rear yard which s a minimum of ten (10) feet deep for struc- tures 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 Recuirements. If a dwelling is erected up to the side TR line, light and ventilation as required by the Housing Code 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. DORM MICROLA13 .,. ht JUkM 1.11,PULAu C. More Than One Stru—tre on a Lot. Where more than . �� (1) structure is erected upon the s, a lot, the distance between the.. hall 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 require- ments. 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 qiving sufficient access to such shaft or court to enable it to be properly cleaned out; provided that where there is already a window giving proper access it shall be deemed sufficient. E. Natural Li ht. Every habitable room except kitchens shall have at least one 1 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. F. Lighting of Public Halls Stairways Basements, and Cellars. 1. Publicassageways 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 arti- ficial 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. 10 _. .•�I tna; u�nlu b� DORM MICROLA6 G. .L:�;� Ist JUkh1 I-01(.kULri'u �LJkW 3. All basements ' cellars shall be provided wit' n adequate lighting system which ma, 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. 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 like- wise be supplied with such screens. (c) In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads. (d) Whenever a window faces an exterior wall or structure which extends higher than the ceiling of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation. 2. Mechanical Ventilation. (a) In lieu of openable windows, adequate ventilation may be a system of mechanical ventilation which provides not less 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. 3. 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 (k) 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. - ?11f 4u1iU�1lP Bti JORM MICR©LAE3 H r .L lsf JORM MILkULAu I ;.r., ;,; Heatina ng facilities which are properly 1• Every dwelling shall have heati instalbath- capableled, are maintainedly and in telyeheating alland good habitable are sa rooms, saf rooms, and toilet rooms located therein to a temperature of at least ei ht (66) degrees Fahrenheit (20 degrees C) and shall maintain sixty- 9, degrees at a distance of three (3) feet above the in all said locations a minimum temperature of sixty-five 65 Fahrenheit, (18 degrees C) facilities shall be so operated floor level at all times. Such heating 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 so s to cooking appliance shall be located and ainstlinvolvement ofin such ainanneregress facilities afford reasonable protection ag d fire in the structure. or egress routes in the event of uncontrolle 3, Every fuel burning heating unit or water duct heatleadingltoeeffectively the exterior vented in a safe manner to a chimney 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. g unit shall be 1 from the be located within any sleeping room or 4. No fuel burning furnace shall bathroom unless provided with adequate ducting for air Supp exterior, and the combustion chamber for such heatin sealed from the room in an airtight manner. t anner. Water heaters are pro- hibited in bathrooms or sleeping s. ro riate temperature and pressure 6. Every steam or hot water boiler and every water heater shall e protected against overheating by app P 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 athe nd an automatic control to interrupt the flow of fuel to the uunits nwith event of faplenum shallsuch he lhave a limit9nition c ntroldto preventce.lOverheating. 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 Pur With the following rsleeequirements: , cooking, or eating therein, which does not comply A. Habitable Room size. All habitable rooms used for living sleeping, and feet wide. The minimum size for eating shall contain at least eighty (80) square feet of floor area an no such room shall be less than seven (7) feet wide. In all habitable rooms used for food preparation shall 1( forty (wide. shall40) square ebe in area and a kitchenette may be less than seven (7) dwellings and in each apartment or group or suite of rooms, at leastare on oft) roo area mtaining not less than one hundred twenty (120) 12 DORM MICROLAB h ARM h1ILKULtiu .,.jn( . , , ,L. Floor Area Per Occc nt. Every dwelling unit shall ..ntain at least one hun re f fty 50 square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. Air Space In Sleeping Rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. D. Ceilino Height. No habitable room in any dwelling shall be in any part less than seven (7) feet high from finished floor to finished ceiling; the average height of any such room shall not be less than seven feet six inches (7'6"). Any habitable room located directly below a roof in a private or a two (2) family dwelling requires a seven (7) foot ceiling height in one-half (,) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. E. Direct Access. Access to each dwelling unit or rooming unit shall not require a 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). F. 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 Sections 9.30.5.E. and 9.30.5.G.l.a. 3. Said rooms shall have a minimum ceiling height of seven (7) feet in all parts from finished floor to finished ceiling. 4. There shall be appurtenant to such room the use of a toilet room. CHAPTER 9.30.7 RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE OF DWELLINGS AND DWELLING UNITS No person shall occupy as owner -occupant, or let to another for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: A. Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, 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 exterior doors, and their frames, shall be constructed and maintained in weather-proof condition. 13 DORM MICROLA9 ...�..i .. Js JURM 1.11l,WLAo _'LJI.�: ;"I" - j. . ,_ 2. Every doorway,—oviding ingress or egress from -,v dwelling unit, rooming unit,.. habitable room shall be at le;. , 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, exterior door, and roof shall be reasonably weather -tight, water -tight, rodent -proof, and insect -proof. Rainwater Drainage. All eaves, troughs, downspouts, and other roof drain- age equipment of the dwelling and its accessory structures shall be main- tained 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 Drainage and Landscaping of Premises. Every premises shall be graded and drained 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 Housing Inspector. 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. E. Protection of Exterior Wood Surfaces. All exterior wood surfaces of the dwelling an its accessory structures, fences, porches, and similar appur- tanences shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. 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 elec- trical shock or to the hazards of fire. 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. 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. 14 .:;ir 0.1011!. MI'l !0 DORM MICROLA13 G. Maintenance of Gas Iliances 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 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 water supply through back flow, back siphonage, cross connection, and any other method of contamination. 2. Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. I. Surfaces Impervious to Water. Every toilet room floor surface, bathroom 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. rfac'i lied Facilities. No owner or operator shall cause any service, ty, equ pment, or utility which is required to be supplied under the visionsofthe Housing Code to be removed from or shut off from or continued for any No 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 bevfend fenced, covered, ornfilled s or �finlsuch ar aaetwayasanotfto� hall Cisterns, All create lities a hazard to life or limb. L. Sealed Passa es. All pipe passages, chutes, and similar openings through walls or f oors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. M. �wod�en t Extermination. Every owner of a dwelling containing two (2) or more issall be responsible for the extermination of insects, ts, 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 ning two (2) more welling extermination thereof wshall gbe the responsibility r responsibilityof the owner. units, 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. 15 JORM MICROLA9 :•.'1.�*�, - by jURI-I MILrWLNU I.LUI,t, ;inl .w roll. ..L_ 0. Owner to Let Clean Units. No owner shall permit occupancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. P. Maintains Public Areas. Every owner of a dwelling containing two (2) or more welling 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 rea- sonably good state of repair. S. Alterations. All structural alterations of dwellings and accessory structures shag be done in accordance with all applicable Ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE MAINTENANCE OF DWELLINGS AND ROOMING UNITS A. Occupant Responsible for Controlled Area. Every occupant of a dwelling or dwelling unit sha11 keep in a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. 1. The floor and floor covering shall be kept reasonably clean and sanitary. 2. Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. 3. No dwelling or the premises thereof shall be used for the storage or handling of refuse. B. Plumbin Fixtures. The occupants of a dwelling unit shall keep all Sup- p ied 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 units a be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Not withstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. D. Storage and Disposal of Garbage. Storage and disposal of garbage and rubbish shall comply with the requirements of the ordinances of the Code of Iowa City concerning same and the Housing Inspector shall enforce the requirements contained therein. 16 . - —-aina�nuai,l nv DORM MIC ROLAB r .. by JUil(1 !dIUL1b I L�,;.n 1. Every occupant -f a dwelling containing one (1) — two (2) dwelling units shall d•. ,se of rubbish, garbage, and al._ ether organic waste in a clean and sanitary manner, by placing it in approved disposal facilities or storage containers required by the Ordinances of Iowa City. 2. In dwellings containing one (1) or two (2) dwelling units it shall be the responsibility of the occupant to furnish adequate garbage and rubbish disposal facilities or storage containers of approved type and location. E. Use and 0 eration of Su lied Heatin Facilities. Every occupant of a dwelling unit shallbe 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 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. G. Installation of Screens, Storm Doors, and Storm Windows. Every occupant of a we ing or dwelling unit snail be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of the Housing Code, except where the owner has agreed to perform the service. 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. Application for Permit. The rooming house operator shall file, in dup- licate, an application 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 ofcapancy roomingrhouseiinued the dwellingthe sorctor of dwellinguunitndesignatedthe inoperation rooming house permit application. C. Issuance of Permit and Occupancy Record Card, Fees. When all applicable provisions of the Housing Code 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. 17 ' ,III 4P ;I III ,, iI JORM MICROLA9 .:. _ L5 JukM Id11-kULAU • •_L�1r.:1 'in: ;.;, ":IL' ..L . D. Occupancy Record Ca d. 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 occupancypermit filed in accordance with the provisions of Sections 9.30.9.8. and 9.30.9.E. of the Housing Code. Every rooming house permit issued by the Department of Housing and Inspec- tion 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. 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 cards for each such unit. Nontransferability of Permit. No rooming house permit issued under the provisions of the Housing Code shall be transferable and every rooming house operator shall notify the Department of Housing and Inspection Services in writing within twenty-four (24) hours after having relinquished proprietorship or having sold, transferred, given away, or otherwise disposed of such interest or control of any rooming house, and shall file in writing with the Department of Housing and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. Relationship of Permit to Building Code. The issuance of a rooming house permit 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 operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. A licabilit of Other Sections of the Housin Code. No person shall operate a room ng ouse un ess a o t e requirements previously set forth in the Housing Code 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 the Housing Code. Hearing When Rooming House Permit is Denied. Any person whose application for a permit to operate a rooming 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 Ordinance of Iowa City. 9 DORM MICROLAB ..:.), br ,i1iV IdILkULAb .:,r,- �,, ._. Suspension of Parr Whenever upon inspection of rooming house the Housing Inspector ..Ods that conditions or practices exist which are in violation of any provision of the Housing Code 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 permit and give notice in writing to the operator that the permit has been suspended. K. Hearing When Rooming House Permit is Suspended; Revocation of Permit. Any person whose permit to operate a rooming 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 Board under the procedure provided by the Iowa City Administrative Procedures Ordinance, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the rooming house operator shall cease operation of such rooming house, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. Toilets and Lavatory Basins. At least one (1) toilet, and one (1) lavatory basin in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family wherever they share the said facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (�) of the required number of toilets. Baths. At least one (1) bath, in good working condition, shall be supplied Tor—each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family whenever they share the use of said facilities. Location of SanitarFacilities. Every toilet, lavatory basin, and bath a s be ocate within a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside of the dwelling and without going through a dwelling unit or through a rooming unit of another occupant. Minimum Floor Area for Sleeping Puroses. Every room occupied for sleeping purposes by one 1 person shall contain at least eighty (80) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. 19 ,u��nrlrn, IIS JORM MICROLA9 I_CJI'..I', 01h IJ. II.I "L P. Preparation or Eating of Meals in Rooming Units Prohibited. No occupant of a rooming house snal I prepare or eat meals or store cooking utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that occupants may prepare and eat meals and store cooking utensils in a communal kitchen and may eat meals in a com- munal dining room in accordance with the provisions of Subsections 9.30.9.Q and 9.30.9.R. Q. 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. 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 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 storage of food and eating and cooking utensils; 8. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitche, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. R. 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 provided in Section Q, shall contain a communal dining room which com- plies 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; 20 DORM MICROLAB ."Ir, by JUH61 011.kU111u „L Jit r. a,...✓, ,i. 3. Every communa ining room shall contain not 1 than eighty (80) square feet of floor area; 4. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. S. No Cooking In Rooming Units. The operator shall prohibit the cooking and preparation of food in every rooming unit. T. Shades, Drapes, Etc.. Every window of every room used for sleeping shall be supplied with shades, draw drapes, or other devices of materials which, when properly used, will afford privacy to the occupant of the room. U. Sanitary Maintenance. The rooming house operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained, is leased or occupied by the owner. The occupant of every rooming unit shall keep his personal be- longings contained within the unit in a clean, neat, and orderly condition so as to facilitate the ability of the operator to discharge his respon- sibilities for sanitary maintenance within every rooming unit as set forth in this subsection. V. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facil- ities or storage containers whose type and location are approved shall be supplied by the rooming house operator. The rooming house operator shall be responsible for the disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. W. Han in Screens, Storm Doors, Storm Windows. The owner of a rooming house s al be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. X. Infestation. The owner of a rooming house shall be responsible for the extermination of any insects, rodents, or pests therein. Y. 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 main- tained in operable condition at all times. Z. Heating Units Fire Protected. In every rooming house in which space is let to more than four 4 persons and served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive construction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. AA. Early Warning Fire Detection S stem. Every dwelling and rooming unit in rooming houses sha 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 21 NkIMfuNil u 10 DORM MICROLAB for sleeping purposL_ Where sleeping rooms are on , 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. BB. Safe Storage Required. Rooming houses shall provide for every rooming unit a facility for the safe storage of drugs and household poisons. CC. Hazardous Storms. There shall be no transom, window, or door opening into a public ha 1 from any part of a rooming house where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. DD. Was of Egress. Every rooming house shall have at least two (2) indepen- dent 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 Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted. CHAPTER 9.30.10 MULTIPLE DWELLINGS No person shall operate a multiple dwelling, or shall occupy or let to another for occupancy any dwelling unit in any multiple dwelling, except in compliance with the following requirements: A. Permit Required. No person shall operate a multiple dwelling unless he holds a valid rental permit issued by the Department of Housing and In- spection 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 rental 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 rental permit shall not relieve the owner or operator of the responsibility for com- pliance with said Fire, Building, and Zoning Codes. C. A licabilit of Other Sections of the Housin Code. No person shall operate a mult ple dwelling unless all of the requirements for dwelling units as previously set forth in the Housing Code are complied with. D. Hearing When Rental Permit is Denied. Any person whose application for a permit 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 Ordinance of Iowa City. 22 !d II'.Nnl Il.Flld (3'� DORM MICRmLAB F. bf JORH I'll kOLNU Sus ension of Perm Whenever upon inspection of multiple dwelling t e Housing Inspector finds that conditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in tiple dwelling that unless such conditions writing to the owner of such mul a reasonable period, or practices are corrected within to be determined by the Housing Inspector, the rental 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 eshall suspend spend th hpermit and suspended notice in writing to the operator that the as Hearin When Multi le Dwelling Permit is Sus ended; Revocation of Permit. ny person whose permit to operate a mu tiple dwe ling 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 multipon le dwelling are corrected may AreealsuestBoardsunderhall btherprocedureanted a eprov9ded bythe matter before the Housing PP provided that, if no Administrative Procedures Ordinaed within ten (10) nce of Iowa City, days following the day petition for such hearing is fil on which such permit was suspended, such permit shall be deemed to be automatically revoked. Upon receipt of notice of permit revocation, the of such multiple dwelling, and after the operator shall cease operation tto elapse of a reasonable period of for�sleepingeorrlivingbPurposes uany 9 Inspector, no person shall occupy dwelling unit or rooming unit therein. able or Fire Eaten pproved Fireextinguishers HousingiInspectortshallfbe w ich are approved by multiple dwelling. Extinguishers shall be properly maintained in operable condition at all times. Heating Units Fire Protected. In every multiple dwelling served by unit a common central heating senclosed withronea(1)9hourtfirethe resistive9con- or units shall be suitably struction including all walls, ceilings, and doors, or such heating units ided with a sprinkler system approved by shall be enclosed in a room prov the Fire Marshal. the occupancy and provided in every hung and shall be 0 erator to Maintain Orderl Premises. welling shall at all times maintain th free of materials which are hazardous t ). Hazardous Storage. There shall abeuno transom,ple wngdwheon 'rerpaint,or ooil,ngasnto a public hall from any p oline, or drugs are stored or kept for the purpose of sale or otherwise. be constructed K Closets. staircaselleadingifromntheloset ofentrance storyntosthelupper stories, but such space shall be left entirely open and kept clear and free from encumbrance. all be an L Cellarth r or Entrance. In nlevery mul story pfrom le wthe � utshdeeofhthe building to The operator of e premises in an o life, health, every multiple orderly manner or property. and 23 JORM MICROLArd M. Scuttles and BulkhL-.,s. In all multiple dwellings n..tre there are scuttles or bulkheads, t ey an 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 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. 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. Earl Warnin Fire Protection S stems. Every dwelling unit within a multiple we ng sha 1 be provided 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. Q. Sanitar Maintenance. The owner of every multiple dwelling shall be responsib a for tie maintenance and sanitary condition of all public areas therein. t R. Garbage Disposal or Storage. Adequate garbage and rubbish disposal fa- cilities or storage containers whose type and location are approved shall be supplied by the multiple dwelling owner. The owner 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. S. Hanging Screens, Storm Doors, Storm Windows. The owner of a multiple dwelling shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. T. Ways of Egress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved the 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. 24 !111 61 11! If I :i, JoRM MICROLAEI ...,.,n.�`'.:i1Y JURI11•11CkULAu ' L 2. All means of egress shall be maintained in a gouu 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. CHAPTER 9.30.11 REMEDIES A. Unfit for Habitation. Any dwelling, dwelling units, or rooming unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector: 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general conditions or location, is un- sanitary 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 is 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. To Re-Occu Condemned Dwelling_. No dwelling or portion thereof which has een condemne an pTacarFeU as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condem- nation and placarding action were based have been eliminated. E. Removal of Placard Prohibited. No person shall deface or remove the placard fromany dwel ing,__Nelling 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. CHAPTER 9.30.12 RETALIATORY CONDUCT PROHIBITED A.Retaliator Conduct Defined. Retaliatory conduct is an increase in rent or of er ees, a ecrease in services, a termination or threat of termination 25 JORM MICR©LAB I . i bl JUie-1 S1IL,<ULNU "J'". itni . . of a rental agreeme-.., the bringing or the threat of ringing an action for possession which is the result of the tenant doing any one of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a safety or health code of a violation applicable to the premises materially affecting health and safety; or 2. The tenant has complained to the owner or operator of such a vio- lation; or 3. The tenant has organized or become a member of a tenant's union or similar organization; or 4. The tenant has pursued legal remedies. B. Presumption of Retailiatory Conduct. In any action by or against the tenant, evidence of a complaint 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 other- wise upon a showing of, but not limited to, the following: 1. The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of cor- recting such condition or conditions. 3. Compliance with applicable safety or health codes require a reduction in services or an alteration, remodeling, or demolition which would effectively deprive the tenant of use of the leased premises. 4. The tenant is in default in rent. D. Tenant Defense. If the owner or operator acts or engages in retaliatory 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 7fect negotiation of a lease renewal at the end of the normal term of an original lease. CHAPTER 9.30.13 RENT ESCROW A. Noncompliance. 1. Deposit in Escrow. Notwithstanding any other provision of law or any agreement, whether oral or written, if a lessor of residential premises, 26 Iao II'.11 '.1 14'. DORM MICROLAR uY JOWl 141CkULNu fails to comp' lith an order of violation of t..,: Housing Code, th expiration of the original notice writing the dwelling or dwelling %:rU'..L, the Housing Ir—Ictor to correct a e Housing Insp�,tor shall, upon the of such violation, certify in unit for rent escrow. 2. Upon such certification the duty of any tenant to pay, and the right of the lessor 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. 3. During any period when the duty to pay rent is suspended, and the tenant continues to occupy, the rent withheld shall be deposited by the tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Iowa City. Said rent shall be paid to the lessor when the premises is certified as in compliance with the Housing Code, at any time within six (6) months from the date on which it was certified. Any funds deposited in escrow may be used by the lessor for the purpose of making such dwelling or dwelling unit comply with the Housing Code pursuant to adopted escrow procedures. No tenant shall be evicted for any reason relating to the non-payment 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 six (6) months from the date of certification, the lessor may evict the tenant for purposes of vacating or demolition of said premises if the lessor deems it to be economically 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 (1) year following the tenant's eviction. If, at the end of six (6) months after the certifi- cation of the dwelling or dwelling unit, such dwelling or dwelling unit has not been certified in compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. B. Administration. The City Manager shall develop and establish written pro- cedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the City Council. C. Hearing Before Housing Appeals Board. The lessor may assert and present evidence as to why a particular premises 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. 27 JORM MICROLA6 MICROFILMED BY JORM MICROLAB ORDINANCE NO. CEDAR RAPIDS AND UES I-IVINL�1, UVJ) \ AN ORDINANCE PROHIBITING SMOKING IN DESIGNATED PLACES IN IOWA CITY;. -REQUIRING ENFORCEMENT BY PERSONS HAVING CONTROL OF THE PREMISES, ,.AND PRESCRIBING PENALTIES FOR `.VIOLATIONS OF ITS PROVISIONS. SECTION `I. PURPOSE. The purpose of this -or —di nance,.is to protect the public health, comfort and environment by prohibiting smoking in public places and public meetings except in designated areas. SECTION 2. DEFINITIONS. 1. "Public place" means any enclosed, in- door area used by the general public, in- cluding, but not limited to, municipal build- ings, bars, restaurants, retail stores and other commercial establishments, public conveyances and meeting rooms. 2. "Public meeting" means all meetings open to the public of the City Council and the Boards and Commissions of the City of Iowa City. This ordinance shall not apply to meetings of the School Board, the`@oard of Supervisors, and other State or Federal �i agencies held in Iowa City. 3. "Smoking" means inhaling or exhalin the smoke of, or the possession or control of, a lighted cigarette, pipe, cigar or little ciar SECTION 3. SMOKING PROHIBITED IN CERTAIN AREAS. Smoking is prohibited in public places or at public meetings except in designated smoking areas. This ordinance does not apply in cases in which an entire room or hall is used for a private social function and seating arrange- ments are under the control of the sponsor of the function and not of the proprietor or person in control of the place. Furthermore, this ordinance shall not apply to offices and places of work not generally frequented by the public. S%/ MICROFILMED BY ! JORM MICR�LAB MAP RAPIP" • PES MOVIES MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MUitlia , iUwn -2- SECTION 4. RESPONSIBILITY OF PROPRIETORS. The proprietor or other person having charge f a public place shall a) post appropriate signs; b)arrange seating to provide a smokefree area; c) inform any person who is observed smoking in violation of this ordi- nance that smoking is prohibited by law in that place or area. SECTION 5.\ NO SMOKING AREAS POSTED. The proprietor or other persons having charge of a public placshall cause to be posted with- in the area wh a the prohibition against smoking is in a ect, one or more conspic- uous signs bearin the words "smoking pro- hibited by law" or words or symbols of similar effect. 1. The proprietor or other person in charge of a public place may designate smoking areas, except in places in which\smoking is pro- hibited by the fire marshal\l or by the law. With the exception of retail\stores and other commercial establishments, bales, and restau- rants, not more than 50 per cent of a public place may be designated as a smoking area. 2. In retail stores and other co\ ercial establishments, smoking is prohibit6d, except that the proprietor or other person ih charge may designate an area, not to exceed 25,per cent of the retail or commercial sales area, where customers or employees may smoke. 3. In bars and restaurants, at least 25 per cent of the permanent seating must be desig- nated as a no smoking area, but the proprietor or other person in charge shall have the option to designate a greater percentage of the permanent seating as a non-smoking area. S 141CWILMED By JORM MICR+LAB MAP RAPIng . DCS MnInCS M MILROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS NUINLj, iUwI+ -3- 4. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic fect of smoke in adjacent nonsmoking areas. Inthe case of public places consisting of a si ggle room, the provisions of this law shall be dpnsidered met if one side of the room is reserved and posted as a no smoking area. SRCTIUN 7. PENALTY FOR VIOLATION. A who Ides in those areas designated "smoki prohibited" by this ord' anc be guilty a misdemeanor. A props` charge of a p person smokin and who fails smoking is pr guilty of a n or A p son shall the fi t offense a nor ore than one h su seouent offense. shall the person having G who observes a Nn of this ordinance person that h f. area shall be r. fined five do ars for ppot less than to ollars fed dollars for eac �. Er 7 BECTION-8. SEVERABILITY.If any section, provision or part of the 0 inance shall be adjudged to be invalid or u Fonstitutional, such adjudication shall not affect the vali- dity of the Ordinance as a whole or any section, provision or part there f not ad- judged invalid or unconstitutiona\, Y SECT -ION 9: EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by,,law. Passed and adopted this _day of 1978. ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, CITY CLERK MT�MICROFILMED BY I JORM MICR4LAB rrnmo iorin, . ors somas MICROFILMED BY JURM 14ICROLAB • CEDAR RAPIDS AND ULS MUINE�, iU'Ai -4- It was mov d by and seconded b and upon roll call t re were: AYES: NA S: ABSENT: `l i i MICROFILMED BY JURM 14ICROLAB • CEDAR RAPIDS AND ULS MUINE�, iU'Ai -4- It was mov d by and seconded b and upon roll call t re were: AYES: NA S: ABSENT: MICROFIUILD BY JORM MICROLAB CEDAR RAPIDS AND UES htU1NLj, IUeJ,A `'City of Iowa Cit' MEMORANDUM DATE: March 22, 1978 TO: City Council FROM: City Manager RE: Smoking Ordin nce Attached is a smoking ordinance which has been revised in accordance with ' I I n,I -� TL- n6 — m!LRUFILM J BY JORM MICROLAB ULOAk RAPWS ANU UL'j City of Iowa! Crit' MEMORANDUM DATE: March 17, 1978 TO: City Council l / FROM: City Manager �V_ RE: No -Smoking Ordinance As a result of the discussion of the no -smoking ordinance at the City Council meeting last week, it appears that consideration should be given to amend- ments to the ordinance relating to retail stores, other commercial establish- ments, bars and restaurants. In a retail store or other commercial establishment, it does not appear that designation of a percentage of the floor space is a feasible method of handling the problem primarily because people are constantly moving through the entire floor area. It is suggested that smoking in retail stores and other commercial establishments be prohibited except when the proprietor or other person in charge designates a specific area within the establishment where customers or employees may smoke but in no instance may this area exceed 25 percent of the floor area. Several major retail stores already prohibit smoking. For bars and restaurants, it appears desirable to restrict the no -smoking provisions0 percent split may makent eitidifficult for aareas. In dproprietor.it would Therefore, that recommended that at least 25 percent of the permanent seating be designated as a no -smoking area. This will then allow the proprietor to respond and designate greater areas, depending upon customer preference, and will eliminate the difficulties encountered in bars where there are a large number of people circulating or where there are dances or other events. However, persons desiring to be seated and/or have food service would still have the option of no -smoking areas. s9/ IMIMI W-119 BY l JORM MICR6LAB croon pv�nc . "r� •anl�ir".