HomeMy WebLinkAbout1980-12-16 OrdinanceI
ORDINANCE NO.
ORDINANCE AMENDING SECTION 8.10.35.11.6,
8.10.35.11.0 and 8.10.35.11BB OF THE CODE
OF ORDINANCES OF IOWA CITY, PERMITTING
FREE STANDING AND MONUMENT SIGNS TO BE
LOCATED IN THE CBS ZONE.
SECTION I. PURPOSE. The purpose of this amendment
is to permit free standing and monument signs to be
located in the CBS zone.
SECTION II. AMENDMENT. Section 8.10.35.11 of the
Code of Ordinances is hereby amended by the
following:
Section 8.10.35.11B of the Code of Ordinances
is hereby amended bygthe 11i
B. Permitted signs.
8. One (1) on -premises identification
or advertising monument sign not to
exceed one (1) square foot per
lineal foot of building frontage nor
50 square feet shall be permitted.
Said sign may be internally or
externally lighted.
9. One (1) on -premises identification
or advertising free standing sign
not to exceed one (1) square foot
per lineal foot of building frontage
nor 50 square feet shall be
permitted. Said sign may be
lighted.
Section 8.10.35.11C.2 of the Code of
Ordinances is hereby amended by deleting said
section and by replacing with the following:
C. Special requirements.
2. All under canopy signs shall not
exceed a maximum dimension of six
(6) feet and/or in any case more
than seventh -five (75) per cent of
the width of the canopy to which it
is attached. No portion of said
sign shall be less than ten (10)
feet above grade level.
Section 8.10.35.11.0 of the Code of Ordinances
is hereby amended by adding the following:
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C. Special requirements.
6. All monument signs shall extend not
more than five (5) feet above the
grade.
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Section 8.10.35.11BB of the Code of Ordinances
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is hereby amended by adding the following
a
sentence:
The area of signs with more than two (2)
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faces shall not exceed that allowed if
u
all faces were in a single plane.
it
SECTION III. REPEALER. All ordinances and parts
a
of ordinances in conflict with the provision 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ordinance are hereby repealed.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
ajudication 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
I MAYOR
ATTEST:
CITY CLERK
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It was moved by , and seconded by
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
First consideration
Vote for passage:
Second consideration
Vote for passage:
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LYNCH
NEUHAUSER
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ORDINANCE NO.
ORDINANCE AMENDING SECTION 8.10.35.11.B,
AND 8.10.35.11.0 OF THE CODE OF
ORDINANCES OF IOWA CITY, PERMITTING FREE
STANDING AND MONUMENT SIGNS TO BE LOCATED
IN THE CBS ZONE.
SECTION I. PURPOSE. The purpose of this amendment
s to perm t ree standing and monument signs to be
located in the CBS zone.
SECTION II. AMENDMENT. Section 8.10.35.11 of the
o e of rd nances is hereby amended by the
following:
A. Section 8.10.35.11B of the Code of
Ordinances is hereby amended by adding
the following paragraphs:
8. No more than one (1) of the
following signs (a and b) shall be
permitted:
(a) One (1) on -premises
identification or advertising
monument sign not to exceed one
(1) square foot per lineal foot
of building frontage. Said
sign shall not exceed 50 square
feet and flay be internally or
externally lighted.
(b) One (1) on -premises
Identification or advertising
free standing sign not to
exceed one (1) square foot per
lineal foot of building
frontage. Said sign shall not
exceed 50 square feet and may
be internally or externally
lighted.
B. Section 8.10.35.11C.2 of the Coda of
Ordinances is hereby amended by deleting
said section and by replacing with the
following paragraph:
2. All under canopy signs shall not
exceed a maximum dimension of six
(6) feet and/or in any case more
than seventh -five (75) per cent of
the width of the canopy to which it
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is attached. No portion of said
sign shall be less than ten (10)
feet above grade level.
C. Section 8.10.35.11.0 of the Code of
Ordinances is hereby amended by adding
the following paragraphs:
6. All monument signs shall extend not
more than five (5) feet above the
grade.
7. The area of free standing and
monument signs with more than two
(2) faces shall not exceed that
allowed if all faces were in a
single plane.
SECTION III. REPEALER. All ordinances and parts
of ord nences n conflict with the provision of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part o the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication 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
e n a Oct after its final passage, approval and
publication as required by law.
Passed and approved this
MAYOR
ATTEST:
UW ZIERK
MICROFILMED BY
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ORDINANCE NO. 80.3014
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF
IOWA CITY, IOWA, BY REPEALING ORDINANCE NO. 78-2891 AND ALL
SUBSEQUENT AMENDMENTS; AND HEREBY ADOPTING TITLE 24 C.F.R.
SECTION 882.109(a)-(1) THE "HOUSING QUALITY STANDARDS"
OF HOUSING AND
URBANLGATEDEVELO MENTHIN COMPLIIANCEUNITEDT IES TH THERTMENT REQUIREMENTS OF HOUSE
FILE NO. 2536 (68TH G.A. 1979), AND ADDITIONAL PROVISIONS AS SET
FORTH HEREIN TO BE CONSIDERED THE MINIMUM HOUSING STANDARDS FOR
THE CITY OF IOWA CITY.
SECTION I. PURPOSE
The purpose of this Ordinance is to establish minimum quality
standards for all residential dwellings, provide for the enforcement
of said standards, and to establish a program of regular rental
inspections to protect the health, safety, and general welfare of the
citizens of the City of Iowa City, Iowa.
SECTION II. ESTABLISHMENT
Chapter 17 of the Code of Ordinances of Iowa City shall now read as
follows:
CHAPTER 17
THE HOUSING CODE
TABLE OF CONTENTS:
17-1. GENERAL PROVISIONS
17-2. DEFINITIONS
17-3. INSPECTION AND ENFORCEMENT
17-4. CERTIFICATE OF STRUCTURE COMPLIANCE AND RENTAL PERMIT
17-5. MINIMUM STRUCTURE STANDARDS FOR ALL DWELLINGS
17-6. MINIMUM STRUCTURE STANDARDS FOR ALL RENTAL HOUSING
17-7. RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE AND
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OCCUPANCY OF THE PREMISES
17-8. RESPONSIBILITIES OF OCCUPANTS RELATING TO THE MAINTENANCE AND
OCCUPANCY OF THE PREMISES
17-9. H.U.D. HOUSING QUALITY STANDARDS
Section 17-1. GENERAL PROVISIONS
A. TITLE
This chapter shall be known and designated as the Iowa City
Housing Code, hereinafter referred to as "The Housing Code".
B. COMPLIANCE WITH STATE CODE
The City of Iowa City, in compliance with the requirements of
House File No. 2536 (68th G.A. 1979), hereby adopts the "Housing
Quality Standards" promulgated by the United States Department
HousingOf
thelatest version being datedeDDecember 17, 1979) as tthent (24 C.F.R. S5882-09(adopted
Model Housing Code for the City of Iowa City. These "Housing
Quality Standards" are set forth for reference purposes in
Section 17-9 herein. The City of Iowa City has integrated the
Housing Quality Standards" in 8517-1 through 17-8 of the
Housing Code which provisions, to be enforced by the City of
Iowa City, are as stringent as, or more stringent than, those in
the Model Housing Code as adopted.
C. PURPOSE
It is hereby declared that the purpose of the Iowa City Housing
Code is to insure that housing facilities and conditions are of
the quality necessary to protect and promote the health, safety
and welfare of not only those persons utilizing the housing, but
the general public as well. It is hereby further declared that
the purpose of this chapter is to determine the
responsibilities of owners, operators, occupants, and the City
necessary to maintain and administer the standards of the
Housing Code.
D. SCOPE
The provisions Of this chapter shall apply to all dwellings,
within the jurisdiction of the City of Iowa City, used or
intended to be used for human occupancy, except that said
provisions shall not be applicable to temporary housing as
defined herein.
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OCCUPANCY OF THE PREMISES
17-8. RESPONSIBILITIES OF OCCUPANTS RELATING TO THE MAINTENANCE AND
OCCUPANCY OF THE PREMISES
17-9. H.U.D. HOUSING QUALITY STANDARDS
Section 17-1. GENERAL PROVISIONS
A. TITLE
This chapter shall be known and designated as the Iowa City
Housing Code, hereinafter referred to as "The Housing Code".
B. COMPLIANCE WITH STATE CODE
The City of Iowa City, in compliance with the requirements of
House File No. 2536 (68th G.A. 1979), hereby adopts the "Housing
Quality Standards" promulgated by the United States Department
HousingOf
thelatest version being datedeDDecember 17, 1979) as tthent (24 C.F.R. S5882-09(adopted
Model Housing Code for the City of Iowa City. These "Housing
Quality Standards" are set forth for reference purposes in
Section 17-9 herein. The City of Iowa City has integrated the
Housing Quality Standards" in 8517-1 through 17-8 of the
Housing Code which provisions, to be enforced by the City of
Iowa City, are as stringent as, or more stringent than, those in
the Model Housing Code as adopted.
C. PURPOSE
It is hereby declared that the purpose of the Iowa City Housing
Code is to insure that housing facilities and conditions are of
the quality necessary to protect and promote the health, safety
and welfare of not only those persons utilizing the housing, but
the general public as well. It is hereby further declared that
the purpose of this chapter is to determine the
responsibilities of owners, operators, occupants, and the City
necessary to maintain and administer the standards of the
Housing Code.
D. SCOPE
The provisions Of this chapter shall apply to all dwellings,
within the jurisdiction of the City of Iowa City, used or
intended to be used for human occupancy, except that said
provisions shall not be applicable to temporary housing as
defined herein.
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Section 17-2. DEFINITIONS
For the purposes Of this Chapter, the terms defined herein shall have
the following meanings:
MEANING OF CERTAIN WORDS. 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".
ACCEPTABLE or APPROVED shall mean in substantial compliance with the
provisions of this Chapter.
ACCESSORY STRUCTURE shall mean a detached structure which is not
used, nor intended to be used, for living or sleeping by human
occupants.
ADJOINING GRADE shall mean the elevation of the ground which extends
three (3) feet from the perimeter of the dwelling.
APPROVED (see Acceptable).
APPURTENANCE shall mean that which is directly or indirectly
connected or accessory to a thing.
ATTIC shall mean any story situated wholly or partly within the roof
and so designed, arranged or built to be used for business, storage,
or habitation.
BASEMENT shall mean a portion or story of a building, next below the
first or main floor which may or may not be considered habitable
space.
BATH shall mean a bathtub or shower stall connected with both hot and
cold water lines.
CELLAR shall mean a space below the first or main floor, used or
intended to be used for storage, a location for heating equipment,
etc., and shall not be considered habitable space.
CENTRAL HEATING SYSTEM shall mean a single system supplying heat to
one or more dwelling unit(s) or more than one rooming unit.
CERTIFICATE OF STRUCTURE COMPLIANCE shall mean a permanent document
showing that the structure for which it is issued was in compliance
with the provisions of Chapters 17-5. and 17-6. of the Iowa City
Housing Code at the time of issuance.
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.
CONDOMINIUM shall mean a dwelling unit which is in compliance or
conformance with the requirements of Chapter 499B of the Code of
Iowa, 1979 as amended.
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Section 17-2. DEFINITIONS
For the purposes Of this Chapter, the terms defined herein shall have
the following meanings:
MEANING OF CERTAIN WORDS. 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".
ACCEPTABLE or APPROVED shall mean in substantial compliance with the
provisions of this Chapter.
ACCESSORY STRUCTURE shall mean a detached structure which is not
used, nor intended to be used, for living or sleeping by human
occupants.
ADJOINING GRADE shall mean the elevation of the ground which extends
three (3) feet from the perimeter of the dwelling.
APPROVED (see Acceptable).
APPURTENANCE shall mean that which is directly or indirectly
connected or accessory to a thing.
ATTIC shall mean any story situated wholly or partly within the roof
and so designed, arranged or built to be used for business, storage,
or habitation.
BASEMENT shall mean a portion or story of a building, next below the
first or main floor which may or may not be considered habitable
space.
BATH shall mean a bathtub or shower stall connected with both hot and
cold water lines.
CELLAR shall mean a space below the first or main floor, used or
intended to be used for storage, a location for heating equipment,
etc., and shall not be considered habitable space.
CENTRAL HEATING SYSTEM shall mean a single system supplying heat to
one or more dwelling unit(s) or more than one rooming unit.
CERTIFICATE OF STRUCTURE COMPLIANCE shall mean a permanent document
showing that the structure for which it is issued was in compliance
with the provisions of Chapters 17-5. and 17-6. of the Iowa City
Housing Code at the time of issuance.
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.
CONDOMINIUM shall mean a dwelling unit which is in compliance or
conformance with the requirements of Chapter 499B of the Code of
Iowa, 1979 as amended.
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COOPERATIVE shall mean a dwelling unit which is in compliance or
conformance with the requirements of Chapter 499A of the Code of
Iowa, 1979 as amended.
COURT shall mean an open unoccupied space, other than a yard, on the
same lot with a dwelling. A court not extending to the street or
front or rear yard is an inner court. A court extending to the
street or front yard or rear yard is an outer court.
DINING ROOM shall mean a habitable room used or intended to be used
for the purpose of eating, but not for cooking or the preparation of
meals.
DIRECTOR shall mean the Director of the Department of Housing and
Inspection Services.
DUPLEX shall mean any habitable structure containing two (2) single
dwelling units. The classification shall be determined by the
existence of two (2) separate dwelling units, as defined herein, and
shall not be based upon the identity of the occupants.
DWELLING shall mean any building, structure, or mobile home, except
temporary, housing, which is wholly or partly used or intended to be
used for living or sleeping by human occupants and includes an
appurtenances attached thereto. y
DWELLING, MULTIPLE (see Multiple Dwelling).
DWELLING, SINGLE FAMILY (see Single Family Dwelling).
DWELLING
IT
mean
habitable Uro ms loclated withinhabdwellingo and fo ming a single unit
With facilities which are used or intended to be used for living,
Sleeping, cooking, and eating of meals.
EGRESS shall mean an arrangement of exit routes to provide a means of
exit from buildings and/or premises.
EXIT shall mean a continuous and unobstructed means of egress to a
publicway and shall include intervening doors, doorways, corridors,
exterior -exit balconiesramps, stairways, smoke -proof enclosures,
horizontal exits, exit passageways, exit courts, wa
sidewalks, and yards. lkways,
EXTERMINATION shall mean the control and elimination of insects,
rodents, or other pests by eliminating their harborage places; by
removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping; or by any other
recognized and legal pest
Inspector. elimination methods approved by the
FAMILY shall mean one Person or two (2) or more persons related by
service agency, occupying orPlacement
pdwelling bunitg governmental
thousekeeping
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COOPERATIVE shall mean a dwelling unit which is in compliance or
conformance with the requirements of Chapter 499A of the Code of
Iowa, 1979 as amended.
COURT shall mean an open unoccupied space, other than a yard, on the
same lot with a dwelling. A court not extending to the street or
front or rear yard is an inner court. A court extending to the
street or front yard or rear yard is an outer court.
DINING ROOM shall mean a habitable room used or intended to be used
for the purpose of eating, but not for cooking or the preparation of
meals.
DIRECTOR shall mean the Director of the Department of Housing and
Inspection Services.
DUPLEX shall mean any habitable structure containing two (2) single
dwelling units. The classification shall be determined by the
existence of two (2) separate dwelling units, as defined herein, and
shall not be based upon the identity of the occupants.
DWELLING shall mean any building, structure, or mobile home, except
temporary, housing, which is wholly or partly used or intended to be
used for living or sleeping by human occupants and includes an
appurtenances attached thereto. y
DWELLING, MULTIPLE (see Multiple Dwelling).
DWELLING, SINGLE FAMILY (see Single Family Dwelling).
DWELLING
IT
mean
habitable Uro ms loclated withinhabdwellingo and fo ming a single unit
With facilities which are used or intended to be used for living,
Sleeping, cooking, and eating of meals.
EGRESS shall mean an arrangement of exit routes to provide a means of
exit from buildings and/or premises.
EXIT shall mean a continuous and unobstructed means of egress to a
publicway and shall include intervening doors, doorways, corridors,
exterior -exit balconiesramps, stairways, smoke -proof enclosures,
horizontal exits, exit passageways, exit courts, wa
sidewalks, and yards. lkways,
EXTERMINATION shall mean the control and elimination of insects,
rodents, or other pests by eliminating their harborage places; by
removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping; or by any other
recognized and legal pest
Inspector. elimination methods approved by the
FAMILY shall mean one Person or two (2) or more persons related by
service agency, occupying orPlacement
pdwelling bunitg governmental
thousekeeping
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organization. A family may also be two (2), but not more than two
(2) persons not related by blood, marriage, or adoption.
GARBAGE shall mean animal or vegetable waste resulting from the
handling, preparation, cooking, or consumption of food and shall
also mean combustible waste material. The term shall also include
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, and other combustible materials.
HABITABLE ROOM shall mean a room, or enclosed floor space, having a
minimum of seventy (70) square feet of total floor area within a
dwelling unit or rooming unit used or intended to be used for living,
sleeping, cooking, or eating purposes, excluding bathrooms, toilet
rooms, pantries, laundries, foyers, communicating corridors,
closets, storage spaces, stairways, and recreation rooms in
basements. (see Recreation Room in Basement)
INFESTATION shall mean the presence, within or around a dwelling, of
any insects, rodents, or other pests, in such quantities as would be
considered unsanitary.
INSPECTOR shall mean the official or officials of the City of Iowa
City appointed to administer the provisions of the Housing Code,
together with his or her duly authorized representative(s) and/or
agent(s).
KITCHEN shall mean a habitable room used or intended to be used for
cooking or the preparation of meals.
KITCHENETTE shall mean a food preparation area not less than forty
(40) square feet in area.
KITCHEN SINK shall mean a basin for washing utensils used for
cooking, eating, and drinking, located in a kitchen and connected to
both hot and cold water lines.
LAVATORY shall mean a handwashing basin which is connected to both
hot and cold water lines, which is separate and distinct from a
kitchen sink.
LIVING ROOM shall mean a habitable room within a dwelling unit which
is used, or intended to be used, primarily for general living
purposes.
MOBILE HOME shall mean any vehicle without motive power used or so
manufactured or constructed as to permit its being used as a
conveyance upon the public streets and highways and so designed,
constructed, or reconstructed as will permit the vehicle to be used
as a place for human habitation by one or more persons.
MULTIPLE DWELLING shall mean any dwelling containing three (3) or
more dwelling units.
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OCCUPANT shall mean any person, including owner or operator, living
in, sleeping in,
and/or cooking in, or having actual possession of a
dwelling unit or a rooming unit.
OPERATOR shall mean any person who rents to another or who has
custody or control of a building,
or parts thereof, in which dwelling
units or rooming units are let or who has custody or control
premises. of the
OWNER shall mean any person who has custody and/or control of any
dwelling, dwelling unit
p
e
or rooming unit by virtue of a contractual
interest in or legal or equitable title to
`
said dwelling, dwelling
-, unit or rooming unit. Owner shall also
mean any person who has
custody and/or control of any dwelling, dwelling unit or rooming unit
I as guardian.
PERMIT (see Rental Permit).
PERSON shall mean any individual, firm, corporation, association,
partnership, trust, or estate.
PLACARD shall mean a display document showing that the unit for which
it is issued has been
determined to be unfit for human habitation.
PLUMBING shall mean and include any or 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, water heating devices, catch
basins, drains,
vents, and any other similar supplied fixtures
together with all connections to water, sewer,
or gas services.
PREMISES shall mean a lot, plot, or parcel of land including a
building(s) and/or
accessory structure(s) thereon.
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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.
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PUBLICWAY shall mean an
to the sky, more from the ground
dinuwidth,
than tenr(10) feet appropriated t
app
free passage of the a PP P o the
9 general public.
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RECREATION ROOM IN BASEMENT shall mean a room located in a basement
used
o be
used,or forgeneral sleeping�r Thismroom shall oses nben�n additionrto
the mdinimum
space and facility requirements for a dwelling unit or rooming unit.
REFUSE shall mean waste materials (except human waste) including
garbage, rubbish, ashes, and dead
animals.
REFUSE CONTAINER shall mean a water -tight container that is
constructed of metal,
or other durable material impervious to
rodents, that is capable of being
serviced without creating f
unsanitary conditions.
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REGULATIONS (see Rules).
RENTAL PERMIT shall mean a document, issued periodically, which
grants the owner or operator the option of letting a unit for rental
purposes and showing that the unit for which it is issued was in
compliance with the applicable provisions of this Chapter at the time a
of issuance.
ROOMER shall mean an occupant of a rooming house or rooming unit and
shall also mean an occupant of a'dwelling who is not a member of the
family occupying the dwelling.
S
ROOMING HOUSE shall mean any dwelling, or that part of any dwelling,
containing one or more rooming units, in which space is let by the
owner or operator to three (3) or more roomers. Occupants of units
specifically designated as dwelling units within a rooming house
shall not be included in the roomer count.
ROOMING UNIT shall mean any habitable room or group of adjoining
habitable rooms located within a dwelling and forming a single unit
with facilities which are used, or intended to be used, primarily for
living and sleeping. A rooming unit shall have bath and toilet
facilities available for exclusive use by the occupant(s) or for
communal use in accordance with Section 17-6 and, in addition, may
have kitchen and dining facilities available for use by the
occupant(s) therein.
RUBBISH shall mean inorganic waste material consisting of
combustible and/or noncombustible materials. -�
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RULES AND REGULATIONS shall mean those administrative procedures
adopted by the Director for the efficient internal management of the
Department of Housing and Inspection Services. All rules and "
regulations shall be limited to departmental administrative and
procedural matters, rather than substantive matters, and shall not
be inconsistent with this Chapter.
SINGLE FAMILY DWELLING shall mean a structure containing one
dwelling unit.
SUPPLIED shall mean paid for, furnished by, provided by, or under the
control of the owner or operator.
TEMPORARY HOUSING shall mean any tent, trailer, motor home, or other
structure used for human shelter which is designed to be
transportable and which is not attached to the ground, to another
structure, or to any utilities system on the same premises for more
than thirty (30) days.
TOILET shall mean a water closet, with a bowl and trap made in one
piece, which is of such shape and form and which holds a sufficient
quantity of water so that no fecal matter will collect on the surface
of the bowl and which is equipped with a flushing rim or flushing
rims.
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Section 17-3. INSPECTION AND ENFORCEMENT
A. AUTHORITY. The 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 health, safety, and welfare of
the occupants of dwellings and of the general public under the
provisions of the Housing Code.
B. INSPECTIONS.
I. Inspections of Owner -Occupied Dwellings.
(a) Inspections of owner -occupied single family
dwellings, condominiums, and cooperatives shall occur
only upon request or complaint to the Inspector and
only the standards of Sections 17-5., 17-7., and 17-
8. shall be applicable.
(b) Inspections of owner -occupied single family
dwellings, condominiums, and cooperatives containing
a family plus one (1) or two (2) roomers shall occur
only upon request or complaint to the Inspector and
the standards of Sections 17-5. through 17-8. shall
be applicable.
2. Inspections of Structure Items. The provisions of
sections 17-5. and 17-6, in effect at the time of issuance
of a certificate of structure compliance shall be the only
structure standards applicable to a dwelling. Upon the
issuance of a certificate of structure compliance, there
shall be no further inspection and enforcement of the
structure items under Sections 17-5. and 17-6, of the
Housing Code.
3. Maintenance Inspections. Inspections of the provisions of
Section 17-7. of the Housing Code shall be conducted upon
request, on a complaint basis, and/or through a program of
regular rental inspections which regular inspections shall
be conducted as determined by resolution of the City
Council of Iowa City but shall not be conducted more
frequently than yearly nor less frequently than as
follows:
Multiple Dwelling Units Every 2 years
Rooming Houses Every 2 years
Duplexes Every 3 years
Single Family Rental Dwellings Every 4 years
C. ACCESS BY OWNER OR OPERATOR. Every occupant of a dwelling,
dwelling unit, or rooming unit shall give, upon proper notice,
the owner or operator thereof, or his/her agent or employee,
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Section 17-3. INSPECTION AND ENFORCEMENT
A. AUTHORITY. The 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 health, safety, and welfare of
the occupants of dwellings and of the general public under the
provisions of the Housing Code.
B. INSPECTIONS.
I. Inspections of Owner -Occupied Dwellings.
(a) Inspections of owner -occupied single family
dwellings, condominiums, and cooperatives shall occur
only upon request or complaint to the Inspector and
only the standards of Sections 17-5., 17-7., and 17-
8. shall be applicable.
(b) Inspections of owner -occupied single family
dwellings, condominiums, and cooperatives containing
a family plus one (1) or two (2) roomers shall occur
only upon request or complaint to the Inspector and
the standards of Sections 17-5. through 17-8. shall
be applicable.
2. Inspections of Structure Items. The provisions of
sections 17-5. and 17-6, in effect at the time of issuance
of a certificate of structure compliance shall be the only
structure standards applicable to a dwelling. Upon the
issuance of a certificate of structure compliance, there
shall be no further inspection and enforcement of the
structure items under Sections 17-5. and 17-6, of the
Housing Code.
3. Maintenance Inspections. Inspections of the provisions of
Section 17-7. of the Housing Code shall be conducted upon
request, on a complaint basis, and/or through a program of
regular rental inspections which regular inspections shall
be conducted as determined by resolution of the City
Council of Iowa City but shall not be conducted more
frequently than yearly nor less frequently than as
follows:
Multiple Dwelling Units Every 2 years
Rooming Houses Every 2 years
Duplexes Every 3 years
Single Family Rental Dwellings Every 4 years
C. ACCESS BY OWNER OR OPERATOR. Every occupant of a dwelling,
dwelling unit, or rooming unit shall give, upon proper notice,
the owner or operator thereof, or his/her agent or employee,
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access to any part of such dwelling, dwelling unit, rooming
unit, or premises at all reasonable times for the purpose of
effecting such maintenance, making such repairsor making such
,
alterations as are necessary to effect
lawful notice or order issued pursuant tcompliance with, or any
ode. o, the provisions of the
Housing C
D• ACCESS BY INSPECTOR. The Inspector is hereby authorized to
conduct consensual inspections of any dwelling within Iowa
City, Iowa, in order to perform the duty of safe warding the
health, safety, and general welfare of the occupants or the
public. Whenever necessary to make an inspection to enforce any
Of the provisions of the Housing Code or whenever the Inspector
has reasonable cause to believe that there exists in any
dwelling, dwelling unit, rooming unit, a 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 a provision of the Housing Code may
exist, the Inspector may enter such unit or premises at all
reasonable times to inspect the same or to perform any duty
imposed upon the Inspector by the Housing Code; provided that if
such unit or premises be occupied, he/she shall first make a
reasonable effort to locate the owner or other
person havi
charge or control of the building or premises and request entry
The Inspector or authorized representative shall at such time:
(1) identify himself/herself and his/her position; and
(2) explain why entry is sought; and
j If entry is refused, the Inspector shall request that the
inspection be conducted at a reasonable time, suitable to the
owner
the Inspector pshalI at that time, ant. If the request
aulateror ftureetime,ntryYexplain to
i the owner and/or occupant that:
(1) the occupant may refuse, without penalty, entry without a
search warrant; and
th
(Z) warrant. pector may apply to the magistrate for a search
E. SEARCH WARRANT. If consent to inspect a building is withheld by
any person or persons having the lawful right to exclude, the
Inspector may apply to a magistrate of the Iowa District Court
in and for Johnson County for a search warrant of the building.
control No owner or occupant or any other person having charge, care, or
structure, f or premise remses dwelling, dwelling unit, rooming unit,
presentation of p shall fail or newarrant,glect, after
therein by the Inspectorhor his/her autto horized representative
for the purpose of inspection and examination pursuant to the
Housing Code.
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F. SERVICE OF NOTICE. Whenever the Inspector determines that
there has been a violation of any provision of the Housing Code,
he/she shall give notice of such violation and an appeal request
form to the person or persons responsible therefor. Such notice
shall:
(1) be put in writing;
(2) include a sufficiently detailed description of the
violation, including the section of the Housing Code
violated, and the location of the violation on the
premises, if applicable;
(3) include a statement of the reason or reasons why it is
being issued;
(4) allow a reasonable time for the performance of any act it
requires and may contain an outline of remedial action
which, if taken, will effect compliance with the
provisions of the Housing Code;
(5) be served upon the owner or 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/her personally or, if not found, by
leaving a copy thereof at his/her 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/her last known address; or if
the registered or certified letter with the copy is
returned with a receipt showing it has not been delivered
to him/her, by posting a copy thereof in a conspicuous
place in or about the dwelling affected by the notice;
(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.
G. HOUSING APPEALS BOARD.In order to provide for interpretation
of the provisions of the Housing Code and to hear appeals
provided for hereunder, 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.
Appeals to the Board shall be processed pursuant to the Iowa
City Administrative Procedures Ordinance. The Board shall
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adopt bylaws for the conduct of its meetings and hearings as the
particular circumstances require. Copies of the bylaws adopted
by the Board shall be delivered to the Inspector who shall make II
them freely accessible to the public.
H. APPEALS BOARD JURISDICTION. Any persons affected by any
written notice, but not limited to the following notices, or any
persons wishing to submit any petition, but not limited to the
following petitions, may appeal to the Housing Appeals Board in
accordance with the Iowa City Administrative Procedures
Ordinance:
(1) Notice of Housing Code Violation,
(2) Notice Denying a Certificate of Structure Compliance,
(3) Notice Denying a Rental Permit,
(4) Notice Revoking a Rental Permit,
(5) Notice of Intent to Placard,
(6) Notice of Eligibility for Rent Escrow,
(7) Petition for Relief,
I
(8) Petition for Revocation of a Certificate of Structure
Compliance.
(9) Petition for Variance.
i
If the Board sustains or modifies a 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 which shall be determined by
the Housing Appeals Board.
I. APPEALS BOARD PROCEDURES.
(1) The Housing Appeals Board, upon receipt of an appeal
request, shall set a time and place for the hearing. The
applicant shall be advised, in writing, of such time and
place at least seven (7) days prior to the date of the
hearing.
e (2) At such a hearing the applicant shall have an opportunity
to be heard and to show cause as to why such notice or
order should be modified, extended, revoked, or why a
variance should be granted.
(3) The Housing Appeals Board, by a majority vote, may
sustain, modify, extend, or revoke a notice or grant or
deny a variance.
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(4) The Housing Appeals Board may grant variances or extension
of time to make repairs. In the event that an extension
and/or variance is granted, the Board shall observe the
following conditions:
(a) In lieu of or in addition to administrative
extensions, the Housing Appeals Board may grant an
extension or extensions of time for the compliance of
any order or notice provided that the Board makes
specific findings of fact based on evidence relating
to the following:
1. That there are practical difficulties or
unnecessary hardships in carrying out the strict
letter of any notice or order; and
2. That such an extension is in harmony with the
general purpose and intent of this ordinance in
securing the public health, safety, and general
welfare.
(b) Except under extraordinary circumstances, the
extension or sum of extensions shall not exceed
eighteen (18) months.
(c) The Housing Appeals Board may grant a variance in a
specific case and from a specific provision of this
ordinance subject to appropriate conditions; and
provided the Board makes specific findings of fact
based on the evidence presented on the record as a
whole, and related to the following:
1. That there are practical difficulties or
unnecessary hardships in carrying out a strict
letter of any notice or order; and
2. That due to the particular circumstances
presented, the effect of the application of the
provisions would be arbitrary in the specific
case; and
3. That an extension would not constitute an
appropriate remedy for these practical
difficulties or unnecessary hardships in this
arbitrary effect; and
4. That such variance is in harmony with the
general purpose and intent of this ordinance in
securing the public health, safety, and general
welfare.
(d) Upon appeal, or by petition, the Housing Appeals
Board shall consider the adoption of a general
variance. The Housing Appeals Board by a majority
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(4) The Housing Appeals Board may grant variances or extension
of time to make repairs. In the event that an extension
and/or variance is granted, the Board shall observe the
following conditions:
(a) In lieu of or in addition to administrative
extensions, the Housing Appeals Board may grant an
extension or extensions of time for the compliance of
any order or notice provided that the Board makes
specific findings of fact based on evidence relating
to the following:
1. That there are practical difficulties or
unnecessary hardships in carrying out the strict
letter of any notice or order; and
2. That such an extension is in harmony with the
general purpose and intent of this ordinance in
securing the public health, safety, and general
welfare.
(b) Except under extraordinary circumstances, the
extension or sum of extensions shall not exceed
eighteen (18) months.
(c) The Housing Appeals Board may grant a variance in a
specific case and from a specific provision of this
ordinance subject to appropriate conditions; and
provided the Board makes specific findings of fact
based on the evidence presented on the record as a
whole, and related to the following:
1. That there are practical difficulties or
unnecessary hardships in carrying out a strict
letter of any notice or order; and
2. That due to the particular circumstances
presented, the effect of the application of the
provisions would be arbitrary in the specific
case; and
3. That an extension would not constitute an
appropriate remedy for these practical
difficulties or unnecessary hardships in this
arbitrary effect; and
4. That such variance is in harmony with the
general purpose and intent of this ordinance in
securing the public health, safety, and general
welfare.
(d) Upon appeal, or by petition, the Housing Appeals
Board shall consider the adoption of a general
variance. The Housing Appeals Board by a majority
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vote may establish a general variance for existing
structures which cannot practicably meet the
standards of the Code. Prior to considering any
general variance, public notice shall be given. A
general variance, if granted, shall:
1. state in what manner the variance from the
specific provision(s) is to be allowed; and,
1
2, state the conditions under which the variance is i
to be made; and, j
3. be based upon specific findings of fact based on 1
evidence related to the following:
a. that there are practical difficulties or
unnecessary hardships in carrying out the
strict letter of the specific provision,
common to dwellings, dwelling units or
rooming units to which the variance will I
apply; and
b. that such variance is in harmony with the
general purpose and intent of this
ordinance in securing the public health,
safety and general welfare.
The effective date of the variance shall be 30 days
after notification to the City Council unless vetoed
by an extraordinary majority of the City Council
during said 30 day period.
J. EMERGENCY ORDERS. Whenever the Inspector, in the enforcement
of the Housing Code, finds that a condition exists which
requires immediate action to protect the health or safety of the
occupants and/or the general public, he/she may, without notice
or hearing, issue an order reciting the existence of such a
condition and requiring that action be taken such as he/she
deems necessary to abate the condition. If necessary, the
Director may order that the premises be vacated forthwith and
they shall not be reoccupied until the order to make repairs has i
been complied with. Notwithstanding other provisions of the
Housing Code, such order shall be effective immediately, or in
the time and manner prescribed by the order itself.
K. PLACARDING PROCEDURES. Any dwelling, dwelling unit, or rooming
unit which is found to be 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 shall be determined to be unfit for human habitation
and shall be so designated and placarded by the Director.
L. VACATE PLACARDED DWELLING. Any dwelling, dwelling unit,
rooming unit, or any portion thereof, placarded as being unfit
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for human habitation by the Director shall be vacated
immediately or as ordered by the Director.
M.
TO RE -OCCUPY PLACARDED DWELLING. No dwelling, dwelling unit,
rooming unit, or portion thereof, which has been placarded as
unfit for human habitation, shall again be used for human j
habitation until written approval is secured from, and such
placard is removed by, the Director. The Director shall remove
such placard whenever the defect(s) upon which the placarding
action was based has been eliminated.
i
N.
REMOVAL OF PLACARD PROHIBITED. No person shall deface or remove
e
a placard from any dwelling, dwelling unit, or rooming unit
1
which has been deemed unfit for human habitation and placarded
as such, except as provided in subsection 17-3.M.
0.
CONDEMNATION REFERRAL. After a reasonable period of time after
a property has been placarded and no remedial action begun, the
Inspector may refer the case to the authority charged with
enforcement of the "Uniform Code for the Abatement of Dangerous
Buildings" for appropriate action.
P.
RENT ESCROW.
(1) ELIGIBILITY FOR RENT ESCROW.
(a) Notwithstanding any other provision of law or any
agreement, whether oral or written, if a lessor of
residential premises fails to comply with an order of
the Inspector .to correct a violation of the Housing
Code, the Inspector shall, upon the expiration of
such notice of violation, extensions thereof, or
__.
appeal opportunity, serve notice in writing that the
dwelling unit or rooming unit affected by the notice
is eligible for rent escrow. Said notice of
eligibility shall be properly served to the owner or
operator or both, and each and every affected tenant.
(b) A dwelling unit or rooming unit is eligible for
certification of rent escrow if notice of eligibility i
for rent escrow is not appealed as provided for in
this Chapter or upon a decision by the Housing
Appeals Board upholding in whole, or in part, the
notice of eligibility for rent escrow. Application
for certification must be made within ninety days
(90) days of receipt of Notice of Eligiblity or
determination by the Housing Appeals Board.
(2) CERTIFICATION OF RENT ESCROW. Certification of rent
escrow shall be given by the Director upon a showing of a
valid Notice of Eligibility for Rent Escrow and:
(a). Production of a signed rent escrow agreement with a
financial institution or other agent approved by the
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City, which agreement shall bear a certificate of the
Johnson County recorder that the same has been
recorded; or
(b). The execution of a rent escrow agreement with the
City of Iowa City in accordance with the procedures 1
adopted pursuant to Section 17-3.P.(4).
(3) OBLIGATIONS DURING RENT ESCROW.
(a) Upon certification, the duty of any tenant shall be
to pay rent either directly to the lessor or into a
certified rent escrow account and the right of the
lessor to collect rent directly from the tenant shall
be suspended without affecting any other terms and
conditions of the tenant -landlord relationship until
the tenancy is terminated or until the dwelling unit
or rooming unit is determined to be in compliance by
the Inspector. Upon such determination, the Director
shall decertify the escrow account and serve notice
of said decertification to all affected parties.
(b) If, for any reason, the occupancy of the certified
tenant is terminated before the expiration of the
rent escrow account, the tenant and lessor shall
notify the Inspector of such termination. If the
stated dwelling unit or rooming unit is reoccupied by
a different tenant and the unit has not been
determined to be in compliance, the new tenant shall
automatically be eligible for rent escrow. If the
new tenant or tenants choose to participate in the
rent escrow program, the new certified account shall
not extend beyond six (6) months from the date of
certification of the original account.
(c) During any period when the duty to pay rent to the
lessor is suspended by reason of certification for
rent escrow, and the tenant continues to occupy, the
rent withheld from the lessor shall be deposited with
a financial institution or other agent approved by
the City of Iowa City or in accordance with the
procedures adopted pursuant to Section 17-3.P.(4), I'
If, within six (6) months from the date on which the
rent escrow account was certified, the premises is
determined to be in compliance with the Housing Code,
said deposited rent shall be paid to the lessor. Any I
funds deposited in escrow may be used by the lessor
for the purpose of making such dwelling, dwelling
unit, or rooming unit comply with the Housing Code
pursuant to adopted escrow procedures.
(d) No tenant shall be evicted or rental agreement
terminated for non-payment of rent to the lessor
provided that the rent is deposited in escrow in a
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timely manner. However, the tenant may be evicted
for holding over after the end of a lease term in any
written lease. If, at the end of six (6) months after
the certification of the dwelling unit or rooming
unit, such dwelling unit or rooming unit has not been
determined to be in compliance, any unencumbered
monies remaining in escrow shall be payable to the
depositor and the case shall be presented to the
Housing Appeals Board for appropriate action. All
parties which would. be directly affected by any
decision of the Housing Appeals Board shall be
properly served notice of such hearing in accordance
with procedures established herein.
(4)
ADMINISTRATION. The City Manager shall develop 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 of the City
-- -
Council.
(5)
HEARING BEFORE HOUSING APPEALS BOARD. Upon appeal of any
notice of eligiblity 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:
(a) The deficiencies found by the Inspector have been
directly caused by the tenant(s), members of the
tenants' family, their guests, and/or those
individuals under the control of the tenant and that
the deficiencies are beyond ordinary wear and tear.
(b) The tenant has refused entry to the owner or his/her
agent for the purpose of correcting such condition or
conditions.
(6)
PETITION FOR RELIEF. The Housing Appeals Board shall hear
petitions for relief from lessors of property for which a
rent escrow account has been established. The Board may
grant modifications of the terms of the rent escrow
provisions provided that evidence is presented and the
Board finds that compliance with the Housing Code would
cause unreasonable hardship due to factors beyond the
lessor's control and that the modification granted is
necessary to avoid undue hardship.
(7)
NORMAL LEASE TERM. The provisions of rent escrow shall not
apply in such a way as to affect a lease expiration or
-
renewal.
Q. RULES AND REGULATIONS. The Inspector shall make all rules and
regulations available to the general public. Standard forms
and
blank notices shall also be available upon request.
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R. PENALTY. Any violation of this Chapter shall be considered a
misdemeanor as provided for under Chapter One of the Code of
Ordinances of the City of Iowa City.
S. RIGHTS. Any person affected by any action, interpretation,
notice or order which has been issued in connection with the
enforcement of this ordinance may request, and shall be
granted, a hearing on the matter pursuant to the provisions of
Chapter Two of the Code of Ordinances of the City of Iowa City.
T. OTHER REMEDIES. No provisions or section of this Chapter shall
in any way limit any other remedies available under the
provisions of the Housing Code or any other applicable law.
Section 17-4. CERTIFICATE OF STRUCTURE COMPLIANCE AND RENTAL PERMIT
A. REQUIREMENTS FOR RENTAL PROPERTY. It shall be a violation of
this Code for any person to let to another for rent and
occupancy any dwelling, dwelling unit, duplex, multiple
dwelling, rooming unit (except a rooming unit or units within
owner -occupied single family dwellings, condominiums, and
cooperatives containing no more than two (2) roomers), or
rooming house unless:
(1) The owner or operator holds a valid ceritificate of
structure compliance, issued by the Department Of Housing
and Inspection Services, applicable to those portions of
the specific structure used for residential rental
purposes.
(2) The owner or operator holds a valid rental permit, issued
by the Department of Housing and Inspection Services, in
the name of the owner or operator, applicable to those
portions of the specific structure used for residential
rental purposes.
B. CERTIFICATE OF STRUCTURE COMPLIANCE. The certificate of
structure compliance shall be a permanent document (except as
noted below) which, when issued, shall satisfy the requirements
of Sections 17-5. and 17-6. The certificate shall be
transferable at the time of a change in ownership and shall
remain a part of the'lowa City property file as a matter of
public record. The certificate, in and of itself, shall not be
interpreted as granting the owner or operator the privilege of
letting the structure for residential occupancy, but must be
accompanied by a valid rental permit. The certificate of
structure compliance shall state the date of issuance, type of
structure for which the certificate is being issued and address
of the structure to which it is applicable. All dwelling units
and rooming units being let for rent and occupancy without a
valid certificate of structure compliance or application for
the same on file with the City and fees paid may be ordered
vacated.
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R. PENALTY. Any violation of this Chapter shall be considered a
misdemeanor as provided for under Chapter One of the Code of
Ordinances of the City of Iowa City.
S. RIGHTS. Any person affected by any action, interpretation,
notice or order which has been issued in connection with the
enforcement of this ordinance may request, and shall be
granted, a hearing on the matter pursuant to the provisions of
Chapter Two of the Code of Ordinances of the City of Iowa City.
T. OTHER REMEDIES. No provisions or section of this Chapter shall
in any way limit any other remedies available under the
provisions of the Housing Code or any other applicable law.
Section 17-4. CERTIFICATE OF STRUCTURE COMPLIANCE AND RENTAL PERMIT
A. REQUIREMENTS FOR RENTAL PROPERTY. It shall be a violation of
this Code for any person to let to another for rent and
occupancy any dwelling, dwelling unit, duplex, multiple
dwelling, rooming unit (except a rooming unit or units within
owner -occupied single family dwellings, condominiums, and
cooperatives containing no more than two (2) roomers), or
rooming house unless:
(1) The owner or operator holds a valid ceritificate of
structure compliance, issued by the Department Of Housing
and Inspection Services, applicable to those portions of
the specific structure used for residential rental
purposes.
(2) The owner or operator holds a valid rental permit, issued
by the Department of Housing and Inspection Services, in
the name of the owner or operator, applicable to those
portions of the specific structure used for residential
rental purposes.
B. CERTIFICATE OF STRUCTURE COMPLIANCE. The certificate of
structure compliance shall be a permanent document (except as
noted below) which, when issued, shall satisfy the requirements
of Sections 17-5. and 17-6. The certificate shall be
transferable at the time of a change in ownership and shall
remain a part of the'lowa City property file as a matter of
public record. The certificate, in and of itself, shall not be
interpreted as granting the owner or operator the privilege of
letting the structure for residential occupancy, but must be
accompanied by a valid rental permit. The certificate of
structure compliance shall state the date of issuance, type of
structure for which the certificate is being issued and address
of the structure to which it is applicable. All dwelling units
and rooming units being let for rent and occupancy without a
valid certificate of structure compliance or application for
the same on file with the City and fees paid may be ordered
vacated.
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C. APPLICATION FOR CERTIFICATE OF STRUCTURE COMPLIANCE. The owner
or operator shall file, in duplicate, an application for a
certificate of structure compliance with the Department of
Housing and Inspection Services on application forms provided
by the Inspector.
D. ISSUANCE OF CERTIFICATE OF STRUCTURE COMPLIANCE. When the
provisions of Sections 17-5. and 17-6. of the Housing Code have
been complied with by the owner or operator, the Department of
Housing and Inspection Services shall issue a certificate of
structure compliance upon payment of a fee, the amount of which
shall be set by resolution of the City Council of Iowa City,
Iowa.
E. REVOCATION OF CERTIFICATE OF STRUCTURE COMPLIANCE. The
certificate of structure compliance shall be permanent, except
when there has been fraud, collusion, or illegality in the
inspection process applicable to this certificate of structure
compliance or when there exists a material and substantial
noncompliance with Section 17-5. or 17-6. which directly
affects the health and/or safety of the occupants therein. The
Inspector, or any other individual who believes that there
exists grounds for revocation, may petition the Housing Appeals
Board to revoke the certificate of structure compliance. The
burden of proof shall be upon the party seeking the revocation.
The owner or operator of the affected property shall be properly
notified of the petition for revocation and shall be notified of
the date, place, and time of the Housing Appeals Board's
consideration of the petition and may appear and defend. Upon
final determination by the Housing Appeals Board, a certificate
I of structure compliance may be modified to reflect the
compliance of each dwelling unit and/or rooming unit with
Sections 17-5. and/or 17-6. or may be revoked in whole or in
part.
F. RENTAL PERMIT. A rental permit shall be a document indicating
compliance with Section 17-7. of the Housing Code at the time of
issuance and shall be valid for a specified period of time. The
document shall be transferable from one owner or operator to
another at any time prior to its expiration, termination, or
revocation. The owner or operator shall notify the Department
of Housing and Inspection Services of any change of interest or
ownership in the property within thirty (30) days of any
conveyance or transfer of interest affecting the property and
provide the name and address of all persons who have acquired an
interest therein. In the event that the Department of Housing
and Inspection Services has not been notified of such
conveyance or transfer within the designated period of time,
the rental permit shall be transferred from one owner or
operator to another only upon payment of a $20 fee which shall
be assessed the new owner or operator. The rental permit shall
state the date of issuance, the address of the structure to
which it is applicable, the name of the owner or operator to
which it is applicable, and its expiration date. All dwelling
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units and rooming units being let for rent and Occupancy without
a valid rental permit or application for the same on file with
the City and fees paid may be ordered vacated.
G. APPLICATION FOR RENTAL PERMIT. The owner or operator shall
file, in duplicatean application for rental permit with the
Department of Housing and Inspection Services on application
forms provided by the Inspector.
H• ISSUANCE OF A RENTAL PERMIT. When all provisions of Section 17-
7• of the Housing Code have been complied with by the owner or
operator, the Department of Housing and Inspection Services
Shall issue a rental permit upon payment of a fee, the amount of
which shall be set by resolution of the City Council of Iowa
City, Iowa.
I. EXTENSION OF RENTAL PERMIT. Rental permits shall be valid
through the expiration date contained thereon. However,
extensions shall be granted to cover any time period between the
stated expiration date and the period of time permitted b
Inspector to remedy any violations cited subsequent to
maintenance inspection Y the
file with fees Provided a rental application is on
paid.
J. REVOCATION OF A RENTAL PERMIT. The Housing Appeals Board shall
consider the revocation of a rental permit upon the expiration
of Therow owneror petitioned
ofythe affected for such
shall be properly notified of the petition for revocation and
shall be notified of the date Property
Appeals Board's consideration oflthe� and time ition n the Housing
Of and defend. on a Board may revoke a rental tpermit upon a finding
Y appear
Y provision of Chapter 17-7,
K. HEARING PERMIT IS WHEN A CERTIFICATE OF STRUCTURE COMPLIANCE AND/OR
certificate ate Of strDucture compliance or who
rental Be ppermition for n
denied, may request, and shall be granted, a hearRin has been
matter before the Housing Appeals Board under the
the Iowa Cit 9 on the
for the appealy Administrative Procedures Ordinance.p Application plica s of
g III
receipt ofhe writtennnotice oust bedeade within ten (10) ldayslof
Section 17-5. MINIMUM STRUCTURE STANDS FOR ALL DWELLINGS
A. SUPPLIED FACILITY. Every supplied facility,
that it will function safely. piece of equipment
or required utility shall be constructed and/or installed so
B. KITCHENS. Every dwelling unit shall have a kitchen room or
kitchenette equipped with the following:
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(1) It shall include an approved kitchen sink.
(2) It
shall contain space capable of properly accommodating a
refrigerator and a stove
or range.
(3) It shall contain proper access terminals to utilities
necessary to properly operate a refrigerator and stove or
range.
(4) It shall include adequate space for the storage and
preparation of food.
C.
TOILET REQUIRED. Every dwelling unit shall contain a toilet.
0.
BATH REQUIRED. Every dwelling unit shall contain a bath.
E.
LAVATORY BASIN REQUIRED. Every dwelling shall contain a
lavatory basin within or adjacent to the room containing the
toilet.
F.
PRIVACY IN A ROOM CONTAINING TOILET AND BATH. Every toilet and
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every bath shall be contained within a room or within separate
rooms
which afford privacy for a person within said rooms.
G.
WATER HEATING FACILITIES REQUIRED. Every kitchen sink, bath
and lavatory basin required in accordance with the provisions
of the Housing Code
shall be properly connected with supplied
water heating facilities. Every supplied water heating
facility shall be properly connected and shall be capable of
heating
water to such a temperature as to permit an adequate
amount of water to be drawn at every kitchen sink and lavatory
basin required under the
i
provisions of the Housing Code at a
temperature of not less than one hundred twenty (120) degrees
Fahrenheit [forty-eight (48) degrees C.]. Such supplied water
heating facilities shall be
capable of meeting the requirements
of this section when the required space heating facilities are
inot
in operation.
H.
CONNECTION OF SANITARY FACILITIES TO WATER AND SEWER SYSTEMS.
Every kitchen sink, toilet,
lavatory basin, and bath shall be
properly connected to an approved water and sewer system.
I,
EXITS.
(1) Every dwelling unit and rooming unit shall have access to
two (2) independent,
unobstructed means of egress remote
from each other. At least one shall be an exit which
discharges directly or via corridors or stairways or both
to a public way. If both means of egress are designated to
a common corridor, they shall be in opposite
directions
immediately upon exiting the dwelling unit
or rooming unit
or shall be in compliance with local Building and/or Fire
Codes.
(2) Every means of egress shall comply with the following
requirements:
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(a) Handrails. All stairways comprised of four (4) or
more risers shall be provided with a substantial and
safe handrail.
(b) Guardrails. All unenclosed floor and roof openings,
open and glazed sides of landings and ramps,
balconies or porches which are more than thirty (30)
inches above grade or above the floor below, and any
roof used for other than service of the building,
shall be protected by a substantial and safe
guardrail.
(c) Every stairway shall have a uniform riser height and
uniform tread width which shall be adequate for safe
use.
(d) Doors and windows readily accessible from outside the
unit shall be lockable from inside the unit.
(e) In basement units where one means of egress is a
window, such window shall have an unobstructed
opening no less in area than that required in the
Building and/or Fire Codes.
(f) No existing fire escape shall be deemed a sufficient
means of egress unless it is in compliance with the
Fire Codes of the State of Iowa and the City of Iowa
City.
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(g) 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.
J. NATURAL LIGHT.
(1) Every habitable room except a kitchen shall have at least
_ one window or skylight facing directly to the outdoors.
The minimum total window or skylight area, measured
between stops, for every habitable room shall be at least
ten (10) percent of the floor area Of such room or that
amount of window and/or skylight area specified by the
local Building Code.
(2) For the purpose of determining natural light and natural
ventilation requirements, any room may be considered as a
portion of an adjoining room when one-half (1/2) of the
area of the common wall is open and unobstructed and
provides an opening of not less than one-tenth (1/10th) of
the floor area of the interior room or twenty-five (25)
square feet, whichever is greater.
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K. VENTILATION.
(1) INTERIOR AIR QUALITY.
(a) Every dwelling unit and rooming unit shall be free
from dangerous levels of air pollution from carbon
monoxide, sewer gas, fuel gas, dust, and other
harmful air pollutants.
(2) NATURAL VENTILATION.
(a) Every window or other device with openings to the
outdoor space, used for ventilation, shall be
supplied with screens of not less than sixteen (16)
mesh per inch.
(b) The total openable window area in every habitable
room shall. be equal to at least forty-five (45)
percent of the minimum window area as required above.
(c) Every door opening directly from a dwelling unit or
rooming unit to outdoor space, the use of which is
necessary to meet the minimum ventilation
requirements of this Code, shall have a supplied
screen or screens and a self-closing device.
(d) Every cellar window, soffit or roof vent, used or
intended to be used for ventilation, and every other
opening to a cellar, crawl space, or interior roof
area, which might provide an entry for rodents or
birds shall be supplied with a heavy wire screen of
not larger than one-fourth (1/4) inch mesh or such
device as will effectively prevent their entrance.
(e) For natural ventilation, every bathroom or toilet
compartment shall have at least one openable window
facing directly to the outdoors and at least forty-
five .(45) percent of the window must be operable
(openable).
(3) MECHANICAL VENTILATION.
(a) In lieu of openable windows for natural ventilation,
adequate ventilation may be a system of mechanical
ventilation which provides not less than two (2) 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 unless such attic, crawlspace,
or cellar is adequately vented to the outside.
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(c) Any kitchen or kitchenette lacking natural
ventilation shall be equipped with a system of
mechanical ventilation which provides at least two
(2) air changes per hour in said room. The system
shall exhaust and discharge directly to outside air.
L. HEATING.
(1) Every dwelling shall have heating facilities which are
properly installed and are capable of safely and
adequately heating all habitable rooms, bathrooms and
toilet rooms located therein to a temperature of at least
sixty-eight (68) degrees Fahrenheit [twenty (20) degrees
Q and shall be capable of maintaining in all said
locations a minimum temperature of sixty-five (65) degrees
Fahrenheit, [eighteen (18) degrees Q at a distance of
three (3) feet above the floor level at all times. Such
heating facilities shall be so designed and equipped that
heat, as herein specified, is available for 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 vent shall be of such design as to assure proper draft
and shall be adequately supported.
(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. Fuel -burning water
heaters are prohibited in bathrooms and sleeping rooms.
(5) Every steam or hot water boiler and every water heater
shall be protected against overheating by appropriate
pressure and temperature limit controls.
(6) Every fuel -burning space heating unit and water heater
shall be equipped with an electronic ignition or with a
pilot light and an automatic control to interrupt the flow
of fuel to the unit in the event of a failure of the
ignition device. All such heating units shall have a limit
control to prevent overheating.
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M. ELECTRICAL REQUIREMENTS.
(1) 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. Every such outlet and fixture shall
be properly installed.
(2) Every habitable room, toilet room, bathroom, laundry room,
furnace room, basement, and cellar shall contain at least
one supplied ceiling or wall -type electric light fixture
or switched outlet. Every such outlet and fixture shall be
properly installed.
(3) Temporary wiring or extension cords shall not be used as
permanent wiring.
N. MINIMUM SPACE, USE AND LOCATION REQUIREMENTS.
(1) FLOOR AREA PER OCCUPANT.
(a) Every dwelling unit shall contain at least one
hundred fifty (150) square feet of floor space for
the first occupant thereof and at least one hundred
(100) additional square feet of floor space for every
additional occupant thereof.
(b) For the purpose of determining the maximum
permissible occupancy, the floor area of that part of
a room where the ceiling height is less than five (5)
feet shall not be considered when computing the total
floor area of the room.
(2) MAXIMUM OCCUPANCY.
Not more than one (1) family, plus two (2) occupants
(roomers) unrelated to the family, except for guests.or
domestic employees, shall occupy a dwelling unit unless a
rental permit fora rooming house has been granted.
(3) SLEEPING ROOMS.
In every dwelling unit of two (2) or more rooms and every
rooming unit, every room occupied for sleeping purposes by
one occupant shall contain at least seventy (70) square
feet of floor space and every room occupied for sleeping
purposes by more than one occupant shall contain at least
forty (40) square feet of floor space for each occupant
thereof.
(4) CEILING HEIGHT. The ceiling height of every habitable
room shall be at least seven (7) feet.
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(a) In any habitable room where the ceiling is a part of a
sloping roof, at least one-half of the floor area
shall have a ceiling height of at least seven (7)
feet. Floor area, as stated above, shall mean the
area of the floor where the vertical measurement from
floor to ceiling is five (5) feet or more.
(b) Obstructions of space by such items as water and gas
pipes, cabinetry, etc., shall be permitted when such
obstructions are located within two (2) feet of a
partition or wall, do not interfere with normal
ingress and egress, would not interfere with an
emergency ingress or egress, and are approved by the
Inspector. Obstruction of ceiling space shall be
permitted when such obstruction is located at a
height of not less than six (6) feet, four (4) inches
from the floor and which does not occupy more than
twenty-five (25) percent of the cubic area of the
space within a room which is further than six (6)
feet, four (4) inches from the floor.
Section 17-6. MINIMUM STRUCTURE STANDARDS FOR ALL RENTAL HOUSING.
A. 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 or kitchen of a unit occupied by the owner -
operator of the structure). No dwelling, dwelling unit, or
rooming unit containing two (2) or more sleeping rooms shall
have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than
one (1) sleeping room can be had only by going through another
sleeping room; nor shall room arrangements be such that access
to a sleeping room can be had only by going through another
sleeping room. A bathroom or water closet compartment shall not
be used as the only passageway to any habitable room, hallway,
basement, cellar, or to the exterior of the dwelling unit or
rooming unit.
B. LIGHTING OF PUBLIC HALLS AND STAIRWAYS
(1) Public passageways and stairways in dwellings
accommodating two (2) to four (4) dwelling units or
rooming units shall be provided with a convenient wall -
mounted light switch(es) which activates an adequate
lighting system.
(2) Public passageways and stairways in buildings
accommodating more than four (4) dwelling units or rooming
units shall be lighted at all times with an adequate
artificial lighting system, except that such artificial
lighting may be omitted from sunrise to sunset where an
adequate natural lighting system is provided. Whenever
the occupancy of a building exceeds one hundred (100)
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persons, the artificial lighting system as required herein
shall be on an emergency circuit.
C.
FIRE EXTINGUISHERS. Fire extinguishers suitable for the
occupancy and which are approved by the Fire Marshal shall be
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provided for every single family dwelling, dwelling unit within
a
a duplex, multiple dwelling, and rooming house. Fire
extinguishers shall be properly hung in an area of easy access.
D.
EARLY WARNING FIRE PROTECTION SYSTEM. All dwelling units and
rooming houses shall be provided with smoke detectors as
approved by the Fire Marshal. The detectors shall be mounted on
i
the ceiling or wall at a point centrally located in the corridor
or area giving access to rooms used for sleeping purposes.
Smoke detectors hereafter installed in areas where sleeping
rooms are on an upper level shall be placed above the stairway.
All detectors shall be located according to manufacturer's
directions. Care shall be exercised to ensure that the
installation will not interfere with the operating
characteristics of the detector. When actuated, the detector
shall provide an alarm for the dwelling unit or rooming unit.
E.
TOILETS AND LAVATORY BASINS. At least one toilet, and one
lavatory basin shall be supplied for each eight (8) persons or
fraction thereof residing within a dwelling containing a
rooming unit or units, including members of the 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 (h) of the
required number of toilets.
F.
BATHS. At least one bath shall be supplied for each eight (8)
persons or fraction thereof residing within a dwelling
containing a rooming unit or units, including members of the
operator's family whenever they share the use of said
facilities.
G.
LOCATION OF COMMUNAL TOILETS AND BATHS. Communal toilets and
baths shall be located on the same floor or the floor
immediately above or below the rooming unit.
H.
LEAD BASED PAINT. Every owner or operator of a dwelling unit or
rooming unit being let for rent and/or occupancy shall, on forms
provided by the City, certify that the dwelling is in accordance
with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued
pursuant to the Lead Based Paint Poisoning Prevention Act.
I.
COMMUNAL KITCHENS. If a communal kitchen is supplied, it shall
comply with the following requirements:
(1) The minimum floor area of a communal kitchen shall be sixty
(60) square feet;
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(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 a refrigerator with an adequate food
storage capacity;
(4) It shall contain an approved kitchen sink;
(5) It shall contain a stove or range;
(6) It shall include at least one cabinet of adequate size
suitable for the storage of food and eating and cooking
utensils;
(7) It shall contain at least six (6) square feet of surface
area which is easily cleanable and suitable for the
preparation of food;
(8) It shall contain a table and adequate chairs for the normal
use of the facilities if a communal dining room is not
supplied;
(9) Every communal kitchen shall be located within a room
accessible to the occupants of each rooming unit sharing
the use of such kitchen, without going outside of the
dwelling and without going through a dwelling unit or
rooming unit of another occupant.
J. COMMUNAL DINING ROOMS. Every dwelling or 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
subsection 17-6.I., shall contain a communal dining room which
complies with all of the following requirements:
(1) Every communal dining room shall be located on the same
floor of the rooming house as the communal kitchen and such
dining room shall be as nearly adjacent to the communal
kitchen as is practicable.
(2) Every communal dining room shall be located within a room
accessible to the occupant of each rooming unit sharing
such dining room, without going outside of the dwelling
and without going through a dwelling unit or rooming unit
of another occupant.
(3) It shall contain a table and adequate chairs for the normal
use of the facilities.
(4) Every communal dining room shall contain not less than
seventy (70) square feet of floor area.
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K. SHADES, DRAPERIES AND WINDOW COVERINGS.
(1) Every window in rooms used for sleeping purposes in
rooming units and furnished dwelling units shall be
supplied with shades, draperies, or other devices or
materials which, when properly used, will afford privacy
to the occupants.
(2) Every window in rooms used for sleeping purposes in
unfurnished dwelling units shall be supplied with hardware
necessary to support shades, draperies or.other devices or
materials which, when properly used, will afford privacy
to the occupants.
L. KITCHENS -STOVES AND REFRIGERATORS. Kitchens or kitchenettes in
multiple dwellings, rooming houses and duplexes shall be
supplied with a stove or range and a refrigerator by the owner
or operator.
M. TIEDOWNS. In the case of a mobile home, the home shall be
securely anchored by a tiedown device which distributes and
transfers the load posed by the unit to appropriate ground
anchors so as to resist wind overturning and sliding.
Section 17-7. RESPONSIBILITIES OF OWNERS RELATING TO THE
MAINTENANCE AND OCCUPANCY OF PREMISES
A. MAINTENANCE OF STRUCTURE
(1) Every foundation, roof, floor, wall, ceiling, stair, step,
elevator, handrail, guardrail, porch, sidewalk, and
appurtenance thereto shall be maintained in safe and sound
condition and shall be capable of supporting the loads
that normal use may cause to be placed thereon.
(2) Every foundation, floor, exterior wall, exterior door,
window, and roof shall be maintained in reasonably
weathertight, watertight, rodentproof, and insectproof
condition.
(3) Every door, door hinge, door latch, and door lock shall be
maintained in good and functional condition and every
door, when closed, shall fit reasonably well within its
frame.
(4) Every window, existing storm window, window latch, window
lock, and other aperture covering, including its hardware,
shall be maintained in good and functional condition and
shall fit reasonably well within its frame.
(5) Every interior partition, wall, floor, ceiling, and other
interior surface shall be maintained so as to permit it to
be kept in a clean and sanitary condition, and where
appropriate, shall be capable of affording privacy.
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K. SHADES, DRAPERIES AND WINDOW COVERINGS.
(1) Every window in rooms used for sleeping purposes in
rooming units and furnished dwelling units shall be
supplied with shades, draperies, or other devices or
materials which, when properly used, will afford privacy
to the occupants.
(2) Every window in rooms used for sleeping purposes in
unfurnished dwelling units shall be supplied with hardware
necessary to support shades, draperies or.other devices or
materials which, when properly used, will afford privacy
to the occupants.
L. KITCHENS -STOVES AND REFRIGERATORS. Kitchens or kitchenettes in
multiple dwellings, rooming houses and duplexes shall be
supplied with a stove or range and a refrigerator by the owner
or operator.
M. TIEDOWNS. In the case of a mobile home, the home shall be
securely anchored by a tiedown device which distributes and
transfers the load posed by the unit to appropriate ground
anchors so as to resist wind overturning and sliding.
Section 17-7. RESPONSIBILITIES OF OWNERS RELATING TO THE
MAINTENANCE AND OCCUPANCY OF PREMISES
A. MAINTENANCE OF STRUCTURE
(1) Every foundation, roof, floor, wall, ceiling, stair, step,
elevator, handrail, guardrail, porch, sidewalk, and
appurtenance thereto shall be maintained in safe and sound
condition and shall be capable of supporting the loads
that normal use may cause to be placed thereon.
(2) Every foundation, floor, exterior wall, exterior door,
window, and roof shall be maintained in reasonably
weathertight, watertight, rodentproof, and insectproof
condition.
(3) Every door, door hinge, door latch, and door lock shall be
maintained in good and functional condition and every
door, when closed, shall fit reasonably well within its
frame.
(4) Every window, existing storm window, window latch, window
lock, and other aperture covering, including its hardware,
shall be maintained in good and functional condition and
shall fit reasonably well within its frame.
(5) Every interior partition, wall, floor, ceiling, and other
interior surface shall be maintained so as to permit it to
be kept in a clean and sanitary condition, and where
appropriate, shall be capable of affording privacy.
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B. MAINTENANCE OF ACCESSORY STRUCTURES. Every foundation,
exterior wall, roof, window, exterior door, basement hatchway,
and appurtenance of every accessory structure shall be so
maintained as to prevent the structure from becoming a
harborage for rats or other vermin and shall be kept in a
reasonably good state of repair.
C. RAINWATER DRAINAGE. All eaves, troughs, downspouts, and other
roof drainage equipment on the premises shall be maintained in a
good state of repair and so installed as to direct rainwater
away from the structure(s).
D. GRADING, DRAINAGE, AND LANDSCAPING OF PREMISES. Every premises
shall be graded and drained so no stagnant water will accumulate
or stand thereon. Every premises shall be continuously
maintained by suitable landscaping with grass, trees, shrubs,
or other planted ground cover designed to reduce and control
dust.
EXCEPTION: This chapter shall not affect the existence
or maintenance of stormwater detention
systems.
E. CHIMNEYS AND SMOKEPIPES. Every chimney and every supplied
smokepipe shall be adequately supported, reasonably clean, and
maintained in a reasonably good state of repair.
F. PROTECTION OF EXTERIOR WOOD SURFACES. All exterior wood
surfaces of a dwelling and its accessory structures, fences,
porches, and similar appurtenances shall be reasonably
protected from the elements and against decay by non -lead based
paint or other approved protective coating.
EXCEPTION: Where it can be demonstrated that the
exterior wood surface is comprised of a
type or species of wood or has been treated
in such a way as to cause it to be
especially resistant to decay or
infestation, the wood surface in question,
if approved by the Inspector, shall be
exempted from the above -listed
requirement.
G. MEANS OF EGRESS. Every means of egress shall be maintained in
good condition and shall be free of obstruction at all times.
If the means of egress is a fire escape, it shall be maintained
in a good state of repair.
H. HANGING SCREENS AND STORM WINDOWS. The owner or operator of the
premises shall be responsible for hanging all screens and storm
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B. MAINTENANCE OF ACCESSORY STRUCTURES. Every foundation,
exterior wall, roof, window, exterior door, basement hatchway,
and appurtenance of every accessory structure shall be so
maintained as to prevent the structure from becoming a
harborage for rats or other vermin and shall be kept in a
reasonably good state of repair.
C. RAINWATER DRAINAGE. All eaves, troughs, downspouts, and other
roof drainage equipment on the premises shall be maintained in a
good state of repair and so installed as to direct rainwater
away from the structure(s).
D. GRADING, DRAINAGE, AND LANDSCAPING OF PREMISES. Every premises
shall be graded and drained so no stagnant water will accumulate
or stand thereon. Every premises shall be continuously
maintained by suitable landscaping with grass, trees, shrubs,
or other planted ground cover designed to reduce and control
dust.
EXCEPTION: This chapter shall not affect the existence
or maintenance of stormwater detention
systems.
E. CHIMNEYS AND SMOKEPIPES. Every chimney and every supplied
smokepipe shall be adequately supported, reasonably clean, and
maintained in a reasonably good state of repair.
F. PROTECTION OF EXTERIOR WOOD SURFACES. All exterior wood
surfaces of a dwelling and its accessory structures, fences,
porches, and similar appurtenances shall be reasonably
protected from the elements and against decay by non -lead based
paint or other approved protective coating.
EXCEPTION: Where it can be demonstrated that the
exterior wood surface is comprised of a
type or species of wood or has been treated
in such a way as to cause it to be
especially resistant to decay or
infestation, the wood surface in question,
if approved by the Inspector, shall be
exempted from the above -listed
requirement.
G. MEANS OF EGRESS. Every means of egress shall be maintained in
good condition and shall be free of obstruction at all times.
If the means of egress is a fire escape, it shall be maintained
in a good state of repair.
H. HANGING SCREENS AND STORM WINDOWS. The owner or operator of the
premises shall be responsible for hanging all screens and storm
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windows except when there is a written agreement between the
owner and the occupant to the contrary. Screens shall be
provided no later than the first day of May of each year and
storm windows shall be provided no later than the first day of
November of each year.
I. ELECTRICAL SYSTEM. The electrical system of every dwelling or
accessory structure shall not by reason of overloading,
dilapidation, lack of insulation, improper fusing, or for any
other cause expose the occupants to hazards of electrical shock
or fire, and every electrical outlet, switch, and fixture shall
be maintained in good and safe working condition.
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J. MAINTENANCE OF SUPPLIED PLUMBING FIXTURES. Every supplied
plumbing fixture and water and waste pipe shall be maintained in
good and sanitary working condition.
(1) All plumbing hereafter installed or replaced shall be so 33
designed and installed as to prevent contamination of the 9
water supply through backflow, back siphonage, or cross
connection.
(2) Water pressure shall be adequate to permit a proper flow of
water from all open outlets at all times.
a
K. MAINTENANCE OF GAS APPLIANCES AND FACILITIES. y
(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 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.
L. MAINTENANCE OF HEATING AND SUPPLIED COOLING EQUIPMENT. The
heating equipment of each dwelling shall be maintained in good
and safe working condition and shall be capable of heating all
habitable rooms, bathrooms, and toilet rooms located therein to
the minimum temperature required by this code. However,
heating and supplied cooling equipment shall not be required to
be maintained in operational condition during that time of the
year when said equipment is not normally used.
M. FLOORS: KITCHEN AND BATHROOM. Every toilet room floor surface,
bathroom floor surface, and kitchen floor surface shall be
constructed and maintained so as to permit such floor to be
easily kept in a clean, dry, and sanitary condition.
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N. SUPPLIED FACILITIES. Every facility, utility, and piece of
equipment required by this code and/or present in the unit
and/or designated for the exclusive use by the occupants of said
unit at the time that either the rental agreement is signed or
possession is given, shall function safely and shall be
maintained in proper working condition. Maintenance of
facilities, utilities, and equipment not required by this Code
shall be the owner's responsibility unless stated to the
contrary in the rental agreement.
No supplied facility shall be removed, shut off, or
disconnected from any occupied dwelling unit or rooming unit
except for such temporary interruption(s) as may be necessary
while actual repairs, replacements, or alterations are being
made.
0. REFRIGERATORS AND STOVES. All supplied refrigerators, stoves,
and ranges shall be maintained in good and safe working
condition.
P. TOILETS, BATHS, AND LAVATORY BASINS. All toilets, baths, and
lavatory basins shall be maintained in good and sanitary
working condition.
Q. FIRE PROTECTION. All fire extinguishers and early warning fire
protection systems shall be maintained in good working
condition at all times.
R. COVERED CISTERNS. All cisterns or similar water storage
facilities shall be fenced, safely covered, or filled in such a
way as not to create a hazard to life or limb.
S. SEALED PASSAGES. All pipe passages, chutes, and similar
openings through walls or floors shall be adequately enclosed
or sealed to prevent the spread of fire or passage of vermin.
T. PEST EXTERMINATION. Whenever infestation exists in two (2) or
more of the dwelling units or rooming units of any dwelling, or
in the shared or public parts of any dwelling containing two (2)
or more dwelling units or more than one rooming unit,
extermination thereof shall be the responsibility of the owner.
U. 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.
V. MAINTENANCE OF PUBLIC AREAS. Every owner or operator of a
dwelling containing two or more dwelling units or more than one
rooming unit shall be responsible for maintaining, in a safe and
sanitary condition, the shared public areas of the dwelling and
premises thereof, unless there is a written agreement between
the owner and occupant to the contrary.
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W. MAINTENANCE OF FENCES. Every fence shall be kept in a
reasonably good state of repair or shall be removed.
X. GARBAGE DISPOSAL. Every owner of a dwelling shall supply
adequate facilities for the disposal of garbage which are
approved by the Inspector and/or are in compliance with the Code
of Ordinances of Iowa City.
Y. OCCUPANCY CONTROL. No owner or operator shall allow the
occupancy of a dwelling, dwelling unit, or rooming unit to
exceed the number of persons listed on the rental permit. A
dwelling unit shall not be occupied by a number of persons
greater than the sum of one (1) family plus two (2) roomers.
Z. COOKING AND EATING IN ROOMING UNITS. No owner or operator shall
knowingly allow eating or the use of cooking equipment within
any rooming unit.
Section 17-8. RESPONSIBILITIES OF OCCUPANTS RELATING TO THE
MAINTENANCE AND OCCUPANCY OF PREMISES.
A. OCCUPANT RESPONSIBLE FOR CONTROLLED AREA. Every occupant of a
dwelling unit or rooming unit shall keep in a clean, safe, and
sanitary condition that part of the dwelling, dwelling unit,
rooming unit, or premises thereof he/she occupies and controls.
(1) Every floor and floor covering shall be kept reasonably
clean and sanitary.
(2) Every wall and ceiling shall be kept 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.
(4) No dwelling or the premises thereof shall be used for the
storage or handling of dangerous or hazardous materials.
B. PLUMBING FIXTURES. The occupants of a dwelling unit shall keep
all supplied plumbing fixtures therein in a clean and sanitary
condition and shall be responsible for the exercise of
reasonable care, proper use, and proper operation thereof.
C. EXTERMINATION OF PESTS. Every occupant of asingle-family
dwelling shall be responsible for the extermination of any
insects, rodents, or other pests therein or on the premises;
every occupant of a dwelling containing more than one dwelling
unit or rooming unit shall be responsible for such
extermination within the unit occupied by him/her whenever said
unit is the only one infested. Notwithstanding, the foregoing
provisions of this subsection, whenever infestation is caused
by failure of the owner to maintain a dwelling in a reasonably
rodentproof or reasonably insectproof condition, extermination
shall be the responsibility of the owner.
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W. MAINTENANCE OF FENCES. Every fence shall be kept in a
reasonably good state of repair or shall be removed.
X. GARBAGE DISPOSAL. Every owner of a dwelling shall supply
adequate facilities for the disposal of garbage which are
approved by the Inspector and/or are in compliance with the Code
of Ordinances of Iowa City.
Y. OCCUPANCY CONTROL. No owner or operator shall allow the
occupancy of a dwelling, dwelling unit, or rooming unit to
exceed the number of persons listed on the rental permit. A
dwelling unit shall not be occupied by a number of persons
greater than the sum of one (1) family plus two (2) roomers.
Z. COOKING AND EATING IN ROOMING UNITS. No owner or operator shall
knowingly allow eating or the use of cooking equipment within
any rooming unit.
Section 17-8. RESPONSIBILITIES OF OCCUPANTS RELATING TO THE
MAINTENANCE AND OCCUPANCY OF PREMISES.
A. OCCUPANT RESPONSIBLE FOR CONTROLLED AREA. Every occupant of a
dwelling unit or rooming unit shall keep in a clean, safe, and
sanitary condition that part of the dwelling, dwelling unit,
rooming unit, or premises thereof he/she occupies and controls.
(1) Every floor and floor covering shall be kept reasonably
clean and sanitary.
(2) Every wall and ceiling shall be kept 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.
(4) No dwelling or the premises thereof shall be used for the
storage or handling of dangerous or hazardous materials.
B. PLUMBING FIXTURES. The occupants of a dwelling unit shall keep
all supplied plumbing fixtures therein in a clean and sanitary
condition and shall be responsible for the exercise of
reasonable care, proper use, and proper operation thereof.
C. EXTERMINATION OF PESTS. Every occupant of asingle-family
dwelling shall be responsible for the extermination of any
insects, rodents, or other pests therein or on the premises;
every occupant of a dwelling containing more than one dwelling
unit or rooming unit shall be responsible for such
extermination within the unit occupied by him/her whenever said
unit is the only one infested. Notwithstanding, the foregoing
provisions of this subsection, whenever infestation is caused
by failure of the owner to maintain a dwelling in a reasonably
rodentproof or reasonably insectproof condition, extermination
shall be the responsibility of the owner.
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D. STORAGE AND DISPOSAL OF GARBAGE. Every occupant of a dwelling
shall dispose of rubbish, garbage, and any other organic waste
in a clean and sanitary manner by placing it in the supplied
disposal facilities or storage containers required by this
Code.
E. USE AND OPERATION OF SUPPLIED HEATING FACILITIES. Every
occupant of a dwelling unit or rooming 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 and structural elements or
attached thereto. The occupant shall not knowingly overload
the circuitry of the dwelling unit or rooming unit.
G. SUPPLIED FACILITIES. Every occupant of a dwelling unit shall
keep all supplied fixtures and facilities therein in a clean and
sanitary condition and shall be responsible for the exercise of
reasonable care, proper use, and proper operation thereof.
H. PREPARATION OR EATING OF MEALS IN ROOMING UNITS PROHIBITED. No
occupant of a rooming unit shall prepare or eat meals or store
cooking utensils in his/her rooming unit unless an approved
kitchen and/or dining room is contained within the rooming
unit. The cooking and eating of meals may take place in
dwellings containing a rooming unit or units if the provisions
of Section 17-6. I. and J. are complied with.
I. OCCUPANCY CONTROL. No occupant shall allow the occupancy of any
dwelling unit.or rooming within which he/she resides to exceed
the number of persons listed on the rental permit. A dwelling
unit shall not be occupied by a number of persons greater than
the sum of one (1) family plus two (2) roomers.
Section 17-9. TITLE 24 OF THE CODE OF FEDERAL REGULATIONS; SECTION
882.109(a)-(]);HUSING UQ ALITY STANDARDS'.
Housing used in this program* shall meet the
Performance Requirements set forth in this section.
In addition, the housing shall meet the Acceptability
Criteria set forth in this section except for such
variations as are proposed by the PHA and approved by
HUD. Local climatic or geological conditions or
local codes are examples which may justify such
variations.
*The term "this program" shall be interpreted to mean the Section VIII
Housing Assistance Payments Program. Further, in accordance with the Code
of Iowa, this Section has provided the basis for provisions of the Iowa
City Housing Code.
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(a) SANITARY FACILITIES
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall include its own sanitary facilities
which are in proper operating condition, can be used in privacy,
and are adequate for personal cleanliness and the disposal of
human waste.
(2) ACCEPTABILITY CRITERIA.
A flush toilet in a separate, private room, a fixed basin with
hot and cold running water, and a shower or tub with hot and
cold running water shall be present in the dwelling unit, all in
proper operating condition. These facilities shall utilize an
approved public or private disposal system.
(b) FOOD PREPARATION AND REFUSE DISPOSAL.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall contain suitable space and equipment to
store, prepare, and serve foods in a sanitary manner. There
shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for
temporary storage where necessary.
(2) ACCEPTABILITY CRITERIA.
The unit shall contain the following equipment in proper
operating condition: cooking stove or range and a refrigerator
of appropriate size for the unit, supplied by either the Owner
or the Family, and a kitchen sink with hot and cold running
water. The sink shall drain into an approved public or private
system. Adequate space for the storage, preparation and
serving of food shall be provided. There shall be adequate
facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage
where necessary (e.g., garbage cans).
(c) SPACE AND SECURITY.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall afford the Family adequate space and
security.
(2) ACCEPTABILITY CRITERIA.
A living room, kitchen area, and bathroom shall be present; and
thedwelling unit shall contain at least one sleeping or
living/sleeping room of appropriate size for each two persons.
Exterior doors and windows accessible from outside the unit
shall be lockable.
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(d) THERMAL ENVIRONMENT.
(1) PERFORMANCE REQUIREMENT. k
The dwelling unit shall have and be capable of maintaining a
thermal environment healthy for the human body.
(2) ACCEPTABILITY CRITERIA.
The dwelling unit shall contain safe heating and/or cooling
facilities which are in proper operating condition and can
provide adequate heat and/or cooling to each room in the
dwelling unit appropriate for the climate to assure a healthy
living environment. Unvented room heaters which burn gas, oil
or kerosene are unacceptable.
(e) ILLUMINATION AND. ELECTRICITY.
(1) PERFORMANCE REQUIREMENT. j
Each room shall have adequate natural or artificial
illumination to permit normal indoor activities and to support
the health and safety of occupants. Sufficient electrical
sources shall be provided to permit use of essential electrical
appliances while assuring safety from fire.
(2) ACCEPTABILITY CRITERIA.
Living and sleeping rooms shall include at least one window. A j
ceiling or wall type light fixture shall be present and working !
in the bathroom and kitchen area. At least two electrical
outlets, one of which may be an overhead light, shall be present
and operable in the living area, kitchen area, and each bedroom
area.
(f) STRUCTURE AND MATERIALS.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall be structurally sound so as not to pose
any threat to the health and safety of the occupants and so as
to protect the occupants from the environment.
(2) ACCEPTABILITY CRITERIA.
Ceilings, walls, and floors shall not have any serious defects
such as severe bulging or leaning, large holes, loose surface
materials, severe buckling or noticeable movement under walking
stress, missing parts or other serious damage. Theroof
structure shall be firm and the roof shall be weathertight. The
exterior wall structure and exterior wall surface shall not
have any serious defects such as serious leaning, buckling,
damacracks holes,
ge. Thecond tionand equisiding,
pmentofninterior and exterior
,
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(d) THERMAL ENVIRONMENT.
(1) PERFORMANCE REQUIREMENT. k
The dwelling unit shall have and be capable of maintaining a
thermal environment healthy for the human body.
(2) ACCEPTABILITY CRITERIA.
The dwelling unit shall contain safe heating and/or cooling
facilities which are in proper operating condition and can
provide adequate heat and/or cooling to each room in the
dwelling unit appropriate for the climate to assure a healthy
living environment. Unvented room heaters which burn gas, oil
or kerosene are unacceptable.
(e) ILLUMINATION AND. ELECTRICITY.
(1) PERFORMANCE REQUIREMENT. j
Each room shall have adequate natural or artificial
illumination to permit normal indoor activities and to support
the health and safety of occupants. Sufficient electrical
sources shall be provided to permit use of essential electrical
appliances while assuring safety from fire.
(2) ACCEPTABILITY CRITERIA.
Living and sleeping rooms shall include at least one window. A j
ceiling or wall type light fixture shall be present and working !
in the bathroom and kitchen area. At least two electrical
outlets, one of which may be an overhead light, shall be present
and operable in the living area, kitchen area, and each bedroom
area.
(f) STRUCTURE AND MATERIALS.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall be structurally sound so as not to pose
any threat to the health and safety of the occupants and so as
to protect the occupants from the environment.
(2) ACCEPTABILITY CRITERIA.
Ceilings, walls, and floors shall not have any serious defects
such as severe bulging or leaning, large holes, loose surface
materials, severe buckling or noticeable movement under walking
stress, missing parts or other serious damage. Theroof
structure shall be firm and the roof shall be weathertight. The
exterior wall structure and exterior wall surface shall not
have any serious defects such as serious leaning, buckling,
damacracks holes,
ge. Thecond tionand equisiding,
pmentofninterior and exterior
,
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stairways, halls, porches, walkways, etc., shall be such as not
to present a danger of tripping or falling. Elevators shall be
maintained in safe and operating condition. In the case of a
mobile home, the home shall be securely anchored by a tiedown
device which distributes and transfers the load posed by the
unit to appropriate ground anchors so as to resist wind
overturning and sliding.
(g) INTERIOR AIR QUALITY.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall be free of pollutants in the air at
levels which threaten the health of the occupants.
(2) ACCEPTABILITY CRITIERA.
Dwelling units shall be free from dangerous levels of air
pollution from carbon monoxide, sewer gas, fuel gas, dust and
other harmful air pollutants. Air circulation shall be
adequate throughout the unit. Bathroom areas shall have at
least one openable window or other adequate exhaust
ventilation.
(h) WATER SUPPLY.
(1) PERFORMANCE REQUIREMENT.
The water supply shall be free from contamination.
(2) ACCEPTABILITY CRITERIA.
The unit shall be served by an approved public or private
sanitary water supply.
(i) LEAD BASED PAINT.
(1) PERFORMANCE REQUIREMENT.
(i) The dwelling unit shall be in compliance with HUD Lead
Based Paint regulations, 24 CFR, Part 35, issued pursuant
to the Lead Based Paint Poisoning Prevention Act, 42
U.S.C. 4801, and the Owner shall provide a certification
that the dwelling is in accordance with such HUD
Regulations.
(ii) If the property was constructed prior to 1950, the Family
upon occupancy shall have been furnished the notice
required by HUD Lead Based Paint regulations and
procedures regarding the hazards of lead based paint
poisoning, the symptoms and treatment of lead poisoning
and the precautions to be taken against lead poisoning.
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stairways, halls, porches, walkways, etc., shall be such as not
to present a danger of tripping or falling. Elevators shall be
maintained in safe and operating condition. In the case of a
mobile home, the home shall be securely anchored by a tiedown
device which distributes and transfers the load posed by the
unit to appropriate ground anchors so as to resist wind
overturning and sliding.
(g) INTERIOR AIR QUALITY.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall be free of pollutants in the air at
levels which threaten the health of the occupants.
(2) ACCEPTABILITY CRITIERA.
Dwelling units shall be free from dangerous levels of air
pollution from carbon monoxide, sewer gas, fuel gas, dust and
other harmful air pollutants. Air circulation shall be
adequate throughout the unit. Bathroom areas shall have at
least one openable window or other adequate exhaust
ventilation.
(h) WATER SUPPLY.
(1) PERFORMANCE REQUIREMENT.
The water supply shall be free from contamination.
(2) ACCEPTABILITY CRITERIA.
The unit shall be served by an approved public or private
sanitary water supply.
(i) LEAD BASED PAINT.
(1) PERFORMANCE REQUIREMENT.
(i) The dwelling unit shall be in compliance with HUD Lead
Based Paint regulations, 24 CFR, Part 35, issued pursuant
to the Lead Based Paint Poisoning Prevention Act, 42
U.S.C. 4801, and the Owner shall provide a certification
that the dwelling is in accordance with such HUD
Regulations.
(ii) If the property was constructed prior to 1950, the Family
upon occupancy shall have been furnished the notice
required by HUD Lead Based Paint regulations and
procedures regarding the hazards of lead based paint
poisoning, the symptoms and treatment of lead poisoning
and the precautions to be taken against lead poisoning.
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(2) ACCEPTABILITY CRITERIA.
Same as Performance Requirement.
(j) ACCESS.
(1) PERFORMANCE REQUIREMENT.
The dwelling unit shall be usable and capable of being
maintained without unauthorized use of other private
properties, and the building shall provide an alternate means
of egress in case of fire.
(2) ACCEPTABILITY CRITERIA.
The dwelling unit shall be usable and capable of being
maintained without unauthorized use of other private
properties. The building shall provide an alternate means of
egress in case of fire (such as fire stairs or egress through
windows).
(k) SITE AND NEIGHBORHOOD.
(1) PERFORMANCE REQUIREMENT.
The site and neighborhood shall be reasonably free from
disturbing noises and reverberations and other hazards to the
health, safety, and general welfare of the occupants.
(2) ACCEPTABILITY CRITERIA.
The site and neighborhood shall not be subject to serious
adverse environmental conditions, natural or manmade, such as
dangerous walks, steps, instability, flooding, poor drainage, -
septic tank back-ups, sewage hazards or mudslides; abnormal air.
Pollution, smoke or dust; excessive noise, vibrations or
vehicular traffic; excessive accumulation of trash; vermin or
rodent infestations; or fire hazards.
(1) SANITARY CONDITION.
(1) PERFORMANCE REQUIREMENT.
The unit and its equipment shall be in sanitary condition.
(2) ACCEPTABILITY CRITERIA.
The unit and its equipment shall be free of vermin and rodent
infestation.
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:
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Ordinance No. 2891
2946
2953
2962
2972
2977
2978
SECTION IV. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such
ajudication 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 16th day of December, 1980.
MAYOR
ATTEST: (.��
CITY CLERK
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It was movedby Vevera and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x _
x_
x
x
T_
xx
BALMER
ERDAHL
LYNCH
x NEUHAUSER
PERRET
ROBERTS
VEVERA
First consideration 11/18/80
Vote for passage: Ayes: eu auser, Perret, Roberts,
Vevera, Balmer, Erdahl, Lynch. Nays: None.
Second consideration 12/2/80
Vote for passage: Ayes: Er a , Lynch, Perret,
Roberts, Vevera, Balmer. Nays: None. l
Absent: Neuhauser.
Date of publication 12/24/80
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