HomeMy WebLinkAbout1978-05-09 Ordinancer
t41CROFILMED BY JORM MICROLAB CEDAR RAPIUS AND DLS NUiNL�, lUrk
ORDINANCE NO. 78-2891
AN ORDINANCE A14ENDING THE MUNICIPAL CODE OF THE CITY
OF IOWA CITY, IOWA BY REPEALING ORDINANCE NO. 2319
AND ALL SUBSEQUENT AMENDMENTS; AND ESTABLISHING MINIMUM
STANDARDS OF LIGHT, VENTILATION, SAFETY, OCCUPANCY,
REPAIR AND MAINTENANCE OF DWELLINGS WITHIN IOWA CITY;
PRESCRIBING METHODS FOR LICENSING ROOMING HOUSES AND
MULTIPLE DWELLINGS AND PRESCRIBING PENALTIES AND REMEDIES
FOR VIOLATIONS OF ITS PROVISIONS.
SECTION I. PURPOSE
The purpose of this Ordinance is to establish minimum standards for the
maintenance, use and occupancy of all residential dwellings and structures,
thus providing for the health, safety and general welfare of the citizens of
the City of Iowa City, Iowa.
SECTION II. ESTABLISHMENT
Chapter 9.30 of the Municipal Code shall now read as follows:
141CROFILMED BY
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CHAPTER 9.30
TABLE OF CONTENTS
CHAPTER 9.30.1
1
General Provisions . . . . . . . . . . . • • • • • • • • • • •
CHAPTER 9.30.2
1
Definitions . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 9.30.3
5
Inspection and Enforcement . . . . . . . . . . • • • • • • • • •
CHAPTER 9.30.47
Minimum Standards for Basic Equipment and Facilities . . . . . . .
. . .
CHAPTER 9.30.5
Minimum Standards for Lighting, Ventilation, and Heating . . . . .
. . . g
CHAPTER 9.30.6
Minimum Space, Use, and Location Requirements. . . . . . . . . .
. • • 12
CHAPTER 9.30.7
Responsibilities of Owners Relating to the
13
Maintenance of Dwellings and Dwelling Units. . . . . . . . . . .
CHAPTER 9.30.8
Responsibility of Occupants Relating to the
16
Maintenance of Dwellings and Rooming Units . . . . . . . . . . .
.
CHAPTER 9.30.9
. . • 17
Rooming Houses . . . . . . . • • • • • • • • • • • • • • • • • .
, .
CHAPTER 9.30.10.
22
Multiple Dwellings . . . . . . . . . . . . . . . . . . . . . . .
. .
CHAPTER 9.30.11
P5
Remedies . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 9.30.12
P5
Retaliatory Conduct Prohibited . . . . . . . . . . . . . • • • •
• •
CHAPTER 9.30.13
, , • P6
Rent Escrow. . . . . . . . . • • • • • • • • • • • • • • • • • •
,
141CRW ILMED BY
DORM MICR¢LAB
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CEDAR RAPIUS AND ULS :-1WNLJ
CHAPTER 9.30.1
GENERAL PROVISIONS
, t A"
9.30.1 General Provisions. The following general provisions shall apply in the
interpretation and enforcement of this ordinance.
A. Legislative Finding. It is hereby found that there exist and may in the
future exist, within the City of Iowa City, premises, dwellings, dwelling
units, rooming units, or parts thereof, which by reason of their structure,
equipment, sanitation, maintenance, use, or occupancy affect or are likely
to affect adversely the public health (including the physical, mental, and
social well-being of persons and families), safety, and general welfare.
To correct and prevent the existence of such adverse conditions, and to
achieve and maintain such levels of residential environmental quality as
will protect and promote public health, safety, and general welfare, it is
further found that the establishment and enforcement of minimum housing
standards are required.
B. Purposes.. It is hereby declared that the purpose of this ordinance is to
protect, preserve, and promote the physical and mental health and social
well-being of the people, to prevent and control the incidence of 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-
Lenance 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.
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Adjoinin Grade shall wean 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
d nsegned, arranged, or built to be used for business, storage, or habitation.
Basement shall mean a portion of a building located partly underground, but
having and one-half (31,,) 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
c—water lines.
Cellar shall mean a portion of a building located partly or wholly underground
and less than three and one-half (3z) feet of its floor -to -ceiling height
above the average grade of the adjoining ground.
Central Heating System shall mean a single system supplying heat to one (1) or
more dwel iing -um t(sjor 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
ard is
an innerv�court. AAcourttnot extendingntontheothe streettoret or frontfront or rear yard or rear yard is
an outer court.
Dining Room shall mean a habitable room used or intended to be used
purpose of eating, but not for cooking or the preparation of meals.
(2) single dwelling
for the
Duplex shall mean any habitable structure containing two
units.
o<aellin shall mean any building or structure, except temporary housing, which
occupants aor ndpincludeseanyrintended to appurtenancesbe used for I vinattached thereto9 or sleeping by human
Dwellin Unit shall mean any habitable room or group of adjoining habitable
rooms located within a dwelling and forming a single unit with facis which
are used or intended to be used for living, sleeping, cooking, and eating wh
meal s .
Egress shall mean an arrangement of exit routes to assure a safe means of exit
from buildings.
Exterm� n shall mean the control and elimination of insects, rodents, or
y removing or makiina
other pests by eliminating their p
harborage places; bois poisoning, spraying fume
cessible materials that may serve as their food; by p
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, adoption or placement by a governmental or social service agency,
occupying a living it as an individual, housekeeping organization. A family
may also be two (2), but not more than two persons not related by blood, marriage
un
or adoption.
2
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Garbs a 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 rhes, yardPtr�mmangs,cand otherxes, wood,
combustible
excelsior, rubber, leather, tree branches, Y
materials.
Habitable oom shall mean a room or enclosed floor
sCeexcluding bathrooused, or ms, be
used for -living, sleeping, cooking, or eating purpose
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 the provisions of the Housing Code.
infestation shall mean the presence, within or around a dwelling, of any in-
sects, rodents, or other pests.
used or intended to be used for cooking or
Kitchen shall mean a habitable room
the preparation of meals.
ration area not less than forty (40) square
Kitchenette shall mean a food prepa
feet in area.
Kitchen k shall mean a sink of a size and design adequate purpose
nectedf
washing eating and drinking utensils, located in a kitchen, properly
with a cold water line and a hot water line.
Lavatory Basin shall mean a handwashing basin which is properly connected with
both h old water lines and which is separate and distinct from a kitchen
sink.
shall mean a habitable room within a dwelling unit which is used, or
Living Rooln
intended to be used, primarily for general living purposes.
Multiple Dwelling shall mean any dwelling containing three (3) or more dwelling
unitts.
Occu ant 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.
o rents to another who has custody or
operator. shall mean any person whereof, in which dwelling
ing units or rooming units
control of a building, or part th
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.
ie.'aorhas
executor/
custody or control of any dwelling, dwelling unit, or rooming
executrix, administrator/administratrix, trustee, or guardian of the estate of
the owner.
Permit shall mean a certificate certifying isionsat the unit for of this Chapterch it is when last
was in compliance with the applicable p ear from the date of is -
inspected. Said Certificate shall expire one (1) y
suance, unless sooner suspended or revoked as hereinafter provided, and shall be
renewed annually. partner -
Person shall mean any individual, firm, corporation, association, or
ship.
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MICROf ILIiCO BY
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CEOAR RAPIDS AND Uu
Plumbing shall mean anu 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, 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.
Roomin 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. Roomin Nouse-T e I shall mean a rooming house in which space is let
to more than two 2 but fewer than nine (9) roomers.
2. Rooming House -T a II shall mean a rooming house in which space is let
to nine 9 Fr 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
the owner or operator.
Teinporar__ Y H_usin2 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
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MIGRUiILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS I•IUINL:
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equipped with flushing rims which permit the bowl to be properly flushed and
scoured when water is discharged through the flushing rim.
Meaning of Certain 14ords. Whenever the words "dwelling", "dwelling unit",
"rooming house", "rooming 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
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 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,
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 provisions of the (lousing 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 (lousing 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 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.
4. Explain that if entry is refused, the Housing Inspector may apply
to a Magistrate for an Order to Allow Inspection.
D. Order to Allow Inspection. The Housing Inspector is hereby authorized to
conduct consensual inspections of any dwelling within Iowa City, Iowa, on a
reasoorderrntole and performe9headutysofctional basis or safeguarrding theupon healthgandtor safety complaint,
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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.
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.
2.
Be put in writing;
Include a description of the real estate sufficient for identifi-
3.
cation;
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-
5.
quires;
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. Housin Appeals
Board. In order to provide for final interpretation of the
provisions of the Housing Code and to hear appeals provided for hereunder,
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141CROFILI•IED BY
DORM MICR4�LAB
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14ILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULA luiNL,,
there is hereby established a Housing Appeals Board consisting of five (5)
members and two (2) alternates who are members of the Housing Commission,
none of whom are employees of the City. The City Manager shall designate
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 [lousing 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.
peals. Any person affected by any written order of a Housing Code viola-
tion, order suspending a housing permit, notice of intent to placard, or
notice 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. 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.
Other Remedies. No provision or section of this ordinance shall in any way
limitr any other remedies available under the provisions of the Housing
Occupancy and Maintenance Code or any other applicable law.
Emergency Orders. Whenever the Housing Inspector, in the enforcement of
the Housing Code, 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 Inas been complied with. Notwithstanding other provisions
of the [lousing Code, such order shall be effective immediately, or in the
time and manner prescribed by the order itself.
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
adopted pursuant thereto have been complied with, such Board
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 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:
FIICROFILMID BY
JORM MICR40LAB
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CEDAR RAPIDS AND UG :Iu::iLj, :Ue",
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
equipped with the following:
C.
D.
E.
F,
Lf
To
have a kitchen room or kitchenette
I. 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.
Toilet_ Required. Every dwelling unit shall contain a toilet.
BathR_ eq_ aired• Every dwelling unit shall contain a bath.
1 varnry Basin Required. Every dwelling unit shall contain a lavatory
basin within the room containing the toilet.
Privac In a Room Containin 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.
4later Heating Facilities Required. Every kitchen sink, bath, and lavatory
ousing Code, shall
basin required in accordance ivilhedhwatervision heatingffacillities. Every sup -
be properly connected with sush properly connected and shall be
plied water heating facility shall to prop Y
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 of120) degrees FahrenheCode at itt(48erature degrees C). Such
less than one hundred twenty ( )
supplied water heating facilities shall be capable of redwellingeunituire-
ments of this subsection where the required dwelling
heating facilities are not in operation.
Connection of Sanitar Facilities to Water and Sewer ood WorkingEconditionhen
sink, toilet, avatory basin and bath shall be in g
and properly connected to an approved water and sewer system.
Exits.
I. Two means of egress required:
(a) Every dwelling unit and rooming unit shall have access to two h other. e
independent, unobstructed means of egress remote from eacer.
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.
welling shall comply with the following require -
2. Every exit from every d
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 eachside. Stairways which are less than five
(5) feet i
ve a
one mountsnthe shall
a
and on the i
openside,the left hand side as
if any.
8
MICR01 ILME0 BY
JDRM MICR+LA9
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M1CiWf 1LMLD BY JORM MICROLAB
CEDAR RAPIDS AND uEU IIGliiL
(c) All handrails shall be substantial and snall be located between
thirty (30) and thirty-four (34) inches above 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.
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.
J. 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 YardRequirements. Every single and two (2) family dwelling
shall have a rear yard which is 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 Requirements. If a dwelling is erected up to the side
Tot
line, light and ventilation as required by the (lousing 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.
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FF p;1P L+41•; n� �F �"40 RIES
P!ILROFILMED BY JORM MICROLAB
CEDAk kAPIOS AND ULS MUINL�, IU,IN
1. 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 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
f' ~� 141CROFILIIED OY
JORM MICR+LA6
MAP JW!n� MDPIFS
C.
More Than One Structure on a Lot. Where more than one (1) structure is
erected upon the same lot, the distance between them shall not be less than
eight (8) feet. This distance shall be increased two (2) feet for each
additional story above the second.
D.
Courts.
1. The minimum width of an outer court of a one (1) story dwelling shall
be five (5) feet, for a two (2) story dwelling six (6) feet, for a
three (3) story dwelling seven (7) feet, and shall increase one (1)
foot for each additional story.
2. An inner court shall be twice the minimum width required for an outer
court.
3. The width of all courts adjoining the lot line shall be measured to
the lot line.
4. 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 giving
sufficient access to such shaft or court to enable it to be properly
cleaned out; provided that where there is already a window giving
proper access it shall be deemed sufficient.
E.
Natural Li ht. Every habitable room except kitchens shall have at least
one 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. 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 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
f' ~� 141CROFILIIED OY
JORM MICR+LA6
MAP JW!n� MDPIFS
o-IICRU'rILMED BY JORM h1ICROLAB
CEDAR RAPIDS AND OLS ium-
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.
G. 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 (14) 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.
IEICROFILMEO BY
JORM MICR+LAB
Cr11AR PAPIn, PFS MOINIF
MlukOFILME0 BY JORM MICROLAB
Heating.
CLDAk RAPIUS AND uLS Auilii.,, .U.„
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, bath-
rooms, 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.
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. plater 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
r
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.
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:
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.
12
I4ICROFILMED BY
JORM MICR+LAB
rinm, I,v,las • ,r,, horns
h1i(,RUF ILMED BY JORM 141CROLAB
CEDAR RAPIDS AND ULA IUiliL�
B. Floor Area Per Occu ant. 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.
Air Space In Sleepinq 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.
Ceiling Height. No habitable room in any dwelling shall be in any part
less than seven (7) feet high from finished floor to finished ceiling; the
average height of any such room shall not be less than seven feet six
inches (7'6"). Any habitable room located directly below a roof in a
private or a two (2) family dwelling requires a seven (7) foot ceiling
height in one-half (,) 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 (except that
access to rooming units may be through a living room of a unit occupied by
the owner -operator of the structure).
Basement Space May Be Habitable. No basement space shall be used as a
habitable area unless:
The floor and walls are of waterproof and damp proof construction.
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.
Said rooms shall have a minimum ceiling height of seven (7) feet in all
parts from finished floor to finished ceiling.
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
I41CROMMED BY
' JORM MICR46LAB
f,pin? RN'!fl�. 715 MOIpES
MILiiOFILMLD BY JORM MICROLAB
CEDAR RAPIDS AND ULS ilui i w^
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 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.
B. 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
Fe 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 and 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.
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 he maintained
in good and safe working condition.
14
�:-�'f•'� 141CROFILIIEO BY
1 JORM MICR6LAB
rrnAG IrM I'�` �rG 1.101 Cry
MILkOfILMED BY JORM MICROLAB
CEDAR RAPIDS AND uL5 1UiNL>, UV+II
I
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 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
c connection, andeanyupply otherthrough method ofck flow, back contaminationsiphonage,
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, equipment, or utility which is required to be supplied under the
provisions of the Housing Code 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 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.
L. Sealed Passages. All pipe passages, chutes, and similar openings through
walls 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
wel ing 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
enodwelling
containing
responstwo
ibilityrof the owner. units,
xtermiationthereof shall bethe
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
' .rr o-ucrsoraweo By
DORM MICR6LA6
rf)AP PAP 1Pa n[a '10 INF',
I4ILRUFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND DLS IIUi iL�, 1Jr,.
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 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 rea-
sonably good state of repair.
S. Alterations. All structural alterations of dwellings and accessory structures
shall 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 shall 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. Plumbinq Fixtures. The occupants of a dwelling unit shall keep all sup-
plied 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 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 sante and the Housing Inspector shall enforce the
requirements contained therein.
16
MICROFILMED BY
' JORM MICR+LA6
MAR IIMI�" • ir5 MOIDrc
bILkOFILMLL) BY JORM MICROLAB
CEDAR RAPIDS AND oLS ;-iUi:�L:'
JW!
1. Every occupa c of a dwelling containing one („ 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 Operation of 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 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 shall be responsible for hanging all screens
and double or storin 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
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 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
`t
MICROFILMED BY
DORM MICR+LA6
rFnV VAPIn' "�f` F1D I'7F5
MILkOFILI-ILD BY JORM NICROLAB
CEDAR RAPIOJ AND JL: I.1UiliL'.,
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 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.
F. 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 (ZA) 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.
Relationsp of Permit to Building Code. The issuance of a rooming house
permhi
it 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.
Applicability of Other Sections of the Housing Code. No person shall
operate a rooming house unless all of the 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 (louse 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.
IL
MICRor WILD BY
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MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UL5 Mbl:'L:,
JV. .
Suspension of Permit. Whenever upon inspection of any rooming house the
Housing Inspector finds that conditions or practices exist which are in
violation of any provision of 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. Hearinq 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.
L. 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.
M. 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 Sanitary Facilities. Every toilet, lavatory basin, and bath
sha 1 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 Purposes. Every room occupied for sleeping
purposes by one 1 per—son 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
MICROFILMED BY
' JoRM MIC R � L A B
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MIL,RUFILMED BY JORM MICROLAB
CEDAR RAPI05 AND UL'3 h1Uit1L;
Jv'n
P. Preparation or Eating of Meals in Rooming Units Prohibited. No occupant of
a rooming house shall prepare or eat meals or store cooking utensils in a
rooming house unless such meals are prepared or eaten in a dwelling unit
contained therein, except that occupants may prepare and eat meals and
store cooking utensils in a communal kitchen and may eat meals in a 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
i 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 DiningRooms. 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
141CROFILMED BY
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3. Every communal dining room shall
square feet of floor area;
CEDAk RAPIDS AND ut5 AulliL,,
contain not less than eighty (80)
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 responslble 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 sespon-
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. lion in Screens, Storm Doors, Storm Windows. The owner of a rooming house
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.
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.
in
Z. Heating Units Fire Protected. In every
and servedrbylancommon centralcheating system
ce is let
to more than four 4(�—
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 System. Every dwelling and rooming unit in
rooming houses shal be provide 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
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Uv"�
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.
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 There shall be no transom, window, or door opening into
oil, gasoline,
a public hall from any part of a rooming house where paint,
kept for the purpose of sale or otherwise.
or drugs are stored or
DD.
Ways of Egress. Every rooming house shall have at least two (2) indepen-
level as approved by the Fire Marshal.
dent ways of egress from each floor
1. No existing fire escape shall be deemed a sufficient means of egress
Fire Codes of Iowa City.
unless it is in compliance with Building and
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
in multiple dwelling, except in compliance
for
occupancy any dwelling unit any
with
the following requirements:
A.
Permit Re uired. No person shall operate a multiple dwelling unless he
Housing and In-
ho ds a valid rental permit issued by the Department of
the operator and for the specific dwelling
spection Services in the name of
or dwelling units.
B.
Permit to Building Code. The issuance of a rental permit
imply that the
dwelling shallnot in any way signify or
ffr9mylt,Fire Code or the Building and Zoning
g conforms with the
of Iowa City, Iowa. The issuance of a rental permit
y
shall not relieve the owner or operator of the responsibility for com-
pliance with said Fire, Building, and Zoning Codes.
C.
�pplicability of Other Sections ofthe Housing Code. No person shall
the requirements for dwelling
operate a multiple dwelling unless all of
set forth in the Housing Code are complied with.
units as previously
D.
Hearing When Rental Permit is Denied. Any person whose application for a
denied may request and shall
permit to operate a multiple dwelling has been
hearing on the (natter before the Housing Appeals Board under
be granted a
the procedure provided by the Administrative Procedures Ordinance of Iowa
City.
22
141CRUILMCB BY
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CrOAP p,n P42C �f5 41017[`•
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Pj1L <OFiLMED BY JORM MICROLAB
CEDAk RAPIDS AND uLS ;'IUINLi
:VAn
Sq ogj on of Permit. Whenever upon inspection of any multiple dwelling
the ousing 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
writing to the owner of such multiple dwelling that unless such conditions
or practices are corrected within a reasonable period, 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 shall suspend the permit and give notice in writing to the operator that
the latter's permit has been suspended.
Mut
Permit is
tion of Permit.
Any person whose permit to operate a multiple aweliing nos peen subNrluru
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 Ordinance 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 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.
G.
Fire Extinguishers. Fire extinguishers suitable for the occupancy and
which are approved 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.
H.
Heating Units Fire Protected. In every multiple dwelling served by a
coon central heating system or water heating system, the heating unit or
rmn
units shall be suitably enclosed with one (1) hour fire resistive con-
struction 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.
I.
Operator to Maintain Orderly Premises. The operator of every multiple
dwelling shall at all times maintain the premises in an orderly manner and
free of materials which are hazardous to life, health, or property.
J.
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, gas-
oline, or drugs are stored or kept for the purpose of sale or otherwise.
K.
Closets. In multiple dwellings no closet of any kind shall be 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.
L.
Cellar Entrance. In every multiple dwelling there shall be an entrance to
The cellar or other lowest story from the outside of the building.
23
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4. Scuttles and Bulkheads. In all multiple dwellings where there are scuttles
or bu kheads, 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.
V. 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.
0. Safe Storage Required. Multiple dwellings shall provide a facility not
easily accessYble to children for the safe storage of drugs and household
poisons in every dwelling unit.
p, r=ri„ warning Fire Protection Systems. Every dwelling unit within a
multiple dwelling shall 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 Maintenance,.
the maintenance and sanitary condition of all public areas
therein.
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. Han in Screens, Storm Doors, Storm 4lindows. 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
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CEOAk RAPIDS AND uLS >lu!UI , iuvw,.
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.
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
perio of tnot more than six (6) months, between the time he
placards the property and the time he begins condemnation proceedings if
ime, but
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
as unfit for human habitation and so designated and placarded by the
Housing Inspector shall be vacated immediately or as ordered by the Housing
Inspector.
D.
To Re -Occupy Condemnped Dwellin . No dwelling or portion thereof which has
No
been condemne an scar ed as 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
the condem-
remove such placard whenever the defect or defects upon which
nation and placarding action were based have been eliminated.
E.
Removal of Placard Prohibited. No person shall deface or remove the
placard from any dwelling, welling unit, or rooming unit which has been
condemned as unfit for human habitation and placarded as such, except as
provided in subsection 9.30.11.D.
CHAPTER 9.30.12
RETALIATORY CONDUCT PROHIBITED
A.Retaliator
Conduct Defined. Retaliatory conduct is an increase in rent or
termination
of er ees, a ecrease in services, a termination or threat of
25
r IdicROrILMEB BY •�
JORM MICR+LAB
CMAP BB !M . nr5 MOTUS
i
MILRUI ILi•lEU BY JORM 141CROLAB
CEDAR RAPIDS AND uL� 1 h u
j,
of a rental agreement, the bringing or the threat of bringing an action for
possession which is the result of the tenant doing any one of the following:
1. The tenant has complained to a governmental agency charged with
responsibility for enforcement of a safety or health code of a
violation applicable to the premises materially affecting health and
safety; or
2. The tenant has complained to the owner or operator of such a 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 affect negotiation of a lease renewal at the end of the normal
term of an original lease.
CHAPTER 9.30.13
RENT ESCROW
A. Noncompliance.
Deposit in Escrow. Notwithstanding any other provision of law or any
agreement, whether oral or written, if a lessor of residential premises,
26
td lCRnf ILIdLO BY
' JORM MICR+LAB
CCpAR 9A�'I �5 Pf°• MDVIF5
F lukOF ILMED BY JORM I.1ICROLAB
CEDAR RAPM AND ULJ luiNL-,
fails to comply with an order of the Housing Inspector to correct a
violation of the Housing Code, the Housing Inspector shall, upon the
expiration of the original notice of such violation, serve Notice
in writing that the dwelling or dwelling unit is eligible for rent
escrow. Said notice shall be sent to the owner by certified (nail,
return receipt requested with copies forwarded to each tenant affected
by such notice.
2. Certification for Rent Escrow shall be given by a housing inspector
upon a showing to the inspector of eligibility for rent escrow and
the production of a signed rent escrow agreement with a bank, trust
company or other lending institution approved by the City bearing
a certificate of the Johnson County Recorder that the same has been
recorded. Application for Certification must be made within 30 days
of Notice of Eligibility or final determination by the Housing Appeals
Board.
3. A dwelling or dwelling unit is eligible for Certification of Rent
Escrow if Notice of Eligibility for Rent Escrow is not appealed as
provided for in this ordinance or upon a decision by the Housing
Appeals Board upholding in whole or in part the Notice of Eligibility.
4. 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
nonpayment of rent.
5. 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 for Rent Escrow.
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 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 Certification 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.
27
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• CEDAR RAPIDS AND UES MuiNLs, Iurvi+
r
B. Administration. The City Manager shall develop and establish
written procedures 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. Upon appeal of any
Notice of Eligibility for Rent Escrow 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 have
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 for 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.
28
Y•'�R�""" MICROFILMED BY
i
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• CEDAR RAPIDS AND ULS MUINL'j, iUeJk
SECTION III. REPEALER
The following Ordinances and any other Ordinances or parts of Ordinances in
conflict with the provisions of this Ordinance are hereby repealed: Ordinance No.
2319
2496
2438
2521
2551
2335
2415
2525
SECTION IV. SEVERABILITY
If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE
This Ordinance shall be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 9th day of May , 1978.
ATTEST: `^QJ
ABBIL STOLFUS, CITY CLLUN
a4-
BERT A. VEVERA, MAYOR
29
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• CEDAR RAPIDS AND UES AUINL'�, IUelA
It was moved by Neuhauser and seconded by
that the Ordinance be adopted, and upon roll call t
AYES: NAYS: ABSENT:
x
x
_Balmer
DeProsse
x
Erdahl
x
Neuhauser
x
x
_ferret
Roberts
x
Vevera
0A
Perret
were:
1st consideration April 25, 1978
Vote for passage: Ayes: deProsse, Erdahl, Neuhauser, Perret,
Vevera. Nays: Roberts. Absent: Balmer
2nd consideration May 2, 1978
Vote for passage: yesPerret, Vevera, deProsse, Erdahl,
Neuhauser. Nays: Roberts Absent: Balmer
Date of Publication
30
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CEDAk RAP.u�) AND u'tj :'iv1aL1
City of Iowa Cit)v
MEMORANDUM
DATE: May 5, 1978
TO: Abbie Stolfus, Linda Schreiber, Neal Berlin
FROM:• Michael E. Kucharzak
RE: Housing Occupancy & Maintenance Code
We are preparing for the final reading of the Housing Occupancy & Maintenance
Code which of course will be followed with the publication and its implemen-
tation.
May I again request that the Code be sent to the Press Citizen for publication
and that the Press Citizen set it up in a type style that is easily readable
by the general public. I want to make certain that the public is informed
of the contents of this code and I wish to avoid the very small legal notice
size type. The additional costs borne by this are certainly worth the effort
when it can be shown that the public has been made well aware of the contents
of this code and of course is eligible as part of our federally assisted code
enforcement program.
I also wish to request that you purchase the necessary material from the Press
Citizen to enable us to take the Code as it appeared in its publication to a
job printer to have some 10,000 copies of this spread sheet run off. The cost
savings in not having to print 28 page copies of the Code will certainly off -set
the inconvenience caused by seeking out a printer capable of running this Code.
The spin-off advantage of having the Code on one large sheet comes from the fact
that we simply then have to fold the Code and place it in a standard size #10
business envelope and mail it out when a citizen requests information.
You may also wish to know that in Wisconsin the Court ordered the City of
Milwaukee to include a copy of the Code in each violation notice that is mailed
out or hand served. At the present time the Courts have not taken that position
here but if they did, the 28 page Code locally printed would be a very costly
burden to the Housing Inspection Program.
`• MICROI ILMCB BY
JORM MICR( LAB
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'IF' 101-V
MILROFILMiD BY JORM MICROLAB
CEDAR RAPIUS AND ULS I•IUiNL�'
ORDINANCE NO. 78-2892
AN ORDINANCE AMENDING ORDINANCE
NO. 77-2835 BY CLARIFYING CERTAIN
PROCEDURES RELATING TO THE RELEASE
OF MOTOR VEHICLES IMPOUNDED FOR
ACCUMULATED PARKING VIOLATIONS.
SECTION 1. PURPOSE. The purpose of this
ordinance is to clarify procedures for re-
leasing motor vehicles impounded for accu-
mulated parking violations. This ordinance
allows the owner or the operator to reclaim
the vehicle upon signing a certificate that
he/she is the owner or operator, paying all
charges and costs incurred and accepting
service of a citation. The owner has the
option of paying for all outstanding tickets
in lieu of contesting such tickets.
SECTION II. AMENDMENT. Section 6.18.02
shall be amen ed by the addition of the
following paragraph:
D. Release of Impounded Vehicles.
I. The registered owner or
operator may reclaim any vehicle impounded
pursuant to the provisions herein by appear-
ing before the Director of the Finance De-
partment or his/her representative. At such
time, the owner or the operator shall sign
a certificate that he/she is the registered
owner or operator of the impounded vehicle,
pay for all charges and costs incurred in
impounding the vehicle and accept service
of a citation filed against him/her for any
outstanding tickets. In lieu of said citation,
the owner or operator may at that time pay
for any outstanding tickets.
2. It shall be unlawful for any
person to reclaim any vehicle impounded pur-
suant to the provisions herein, contrary to
the procedure set forth in this section.
M
14]CROFIL1410 BY
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annR enrw�. ar '40MU,
MIL,R01 ILMED BY JORM MICROLAB
CEDAR RAPIDS ANU ULS MUIIiL,, 10011
Ordi. ,ce No. 78-2892
Page 2.
SECTION III. REPEALER. All ordinances or
parts of ordinances in conflict with the pro-
visions of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part of the ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the vali-
dity of the ordinance as a whole or any sect-
ion, provision or part thereof not adjudged
invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This ordinance
shall be in effect after its final passage,
approval and publication as required by law.
Passed and approved this 9th day of May ,
1978.
Robert A. Vevera, Mayor
Attest: (,G —
Abbie Stolfus, City C rk
It was moved by Roberts and seconded by
deProsse that the ordinance be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
1st consideration May 2, 1978
Vote for passage: yes: Roberts, Vevera, deProsse,
Erdahl, Neuhauser, Perret. Nays: None. Absent: Balmer.
2nd consideration Moved by Balmer, seconded by Perret, that
Vote for passage: the rule requiring ordinances to be considered
and voted on for passage at two Council meet -
Date of Publication. ings prior to the meeting at which it is to
be finally passed be suspended, the second
consideration and vote be waived, and the ordinance be voted upon for
final passage at this time. Ayes: Perret, Roberts, Vevera, Balmer,
deProsse, Erdahl, Neuhauser. Nays: none. Absent: none.
RECEIVED h APFROVED
BY TU LEGAL UT
Ali' IIT
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MICROFILM BY
JORM MICR#LAB
rrOpP PAP] ". 9F°. MOINF