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1980-11-04 Ordinance
City of Iowa CC's MEMORANDUM Date: October 31, 1980 To: City Council / From: Roger Tinklenberg, Energy Program Coordinator' Re: Proposed Housing Occupancy Code On October 29, 1980, the Resources Conservation Commission formally recommended, in the interest of energy conservation, that the City Council retain Chapter 17-4.(i)(2)g. of the existing Housing chapter of the Iowa City Code of Ordinances which reads: Effective November 1, 1980: During the portion of the year when the Housing Inpsector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such. other device for protection against the elements and cold is provided such as insulating glass and insulated metal exterior doors. Exception: Dwellings designated by official action of the City Council as having special historical or architectural significance shall be exempted from the above door/window requirements. in the proposed Ordinance to replace Chapter 17 of the Iowa City Code of Ordinances. Past analysis (see October 9, 1979 RCC minutes) of this provision has shown that it does not impose an unreasonable burden on property owners because it returns an economic benefit to them. It does provide for the health and welfare of the occupants due to more stable and uniform temperatures in the dwellings and due to reduced fuel costs. The inclusion of this provision in Chapter 17 of the Code and other appropriate changes elsewhere in the Code reduces the necessity of a separate Energy Code. On the other hand, if the City Council wants to establish a separate Energy Code then this provision still should be retained in Chapter 17 so that there is not a lapse in the application of this provision. The Commission's recommendation will come to you as part of the RCC's transcribed minutes of its October 29, 1980, meeting. bj5/1-2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i City of Iowa City ��- MEMORANDUM DATE: October 30, 1980 TO: City Council FROM: Mike Kucharzak, Director of Housing & Inspection Services RE: Housing Code - Final Draft The Housing Code Task Force, the Housing Commission, and the Legal staff have met several times since the presentation of the rough draft to the City Council on October 13.in order to assure that all intent provisions be fully developed and appropriate language be used to clarify the intent and meet the legal standards. One area of concern surrounded the issue of licensing owner -occupied dwellings which contained one or two roomers only. Language has been included to clarify that a license shall not be required.A provision has been added to the rent escrow section R ch allows for several atpertaining rent tachedfinaldraoescrow the ftstate thata financial T nancialinstitutionents. The ,Isornanother agent approved by the City or the City itself may handle said accounts, In any case, decisions concerning rent escrow agents will need to be established by resolution of City Council at a later date. this draft is in conformance withmthe requirementssOffHousingoFilet25at 36 and the staff of the Housing Inspection Division feel that this is a reasonable and enforceable code. Its adoption is hereby recommended. MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES a, ao i I 'I I j t 1 i i I � I i City of Iowa City ��- MEMORANDUM DATE: October 30, 1980 TO: City Council FROM: Mike Kucharzak, Director of Housing & Inspection Services RE: Housing Code - Final Draft The Housing Code Task Force, the Housing Commission, and the Legal staff have met several times since the presentation of the rough draft to the City Council on October 13.in order to assure that all intent provisions be fully developed and appropriate language be used to clarify the intent and meet the legal standards. One area of concern surrounded the issue of licensing owner -occupied dwellings which contained one or two roomers only. Language has been included to clarify that a license shall not be required.A provision has been added to the rent escrow section R ch allows for several atpertaining rent tachedfinaldraoescrow the ftstate thata financial T nancialinstitutionents. The ,Isornanother agent approved by the City or the City itself may handle said accounts, In any case, decisions concerning rent escrow agents will need to be established by resolution of City Council at a later date. this draft is in conformance withmthe requirementssOffHousingoFilet25at 36 and the staff of the Housing Inspection Division feel that this is a reasonable and enforceable code. Its adoption is hereby recommended. MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES a, ao i ORDINANCE NO. 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) -(I) THE "HOUSING QUALITY STANDARDS" PROMULGATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN COMPLIANCE WITH THE 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 aoai -Ch-I. iI JORM MICROLAR OCCUPANCY OF THE PREMISES 17-8. RESPONSIBILITIES ES FOCCUPANTS RELATING TO THE MAINTENANCE AND OCCUPANCY 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 nited States ofaH usingaandrUrbanrDevelopmenty(24eCUF.R. 8§882.1O9epartment (a) -M, the latest version being dated December 17, 1979) as the adopted Model Housing Code for the City of Iowa City. These u Housing Quality Standards" are set forth for reference p P Section 17-9 ual i ty � Standards City i of Iowa 5517-1 Cit through integrated 17-8of the "Housing qQ 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 resonsibites of ity necessaryiltoi maintain neand operators astandards nts, and the C 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 an y, exceptoraryhthat said provisions shall not be applicable as defined herein. aoai I :, .... JORM MICROLAB 3 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 4998 of the Code of Iowa, 1979 as amended. JORM MICROLA6 '�N 4 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 any appurtenances attached thereto. DWELLING, MULTIPLE (see Multiple Dwelling). DWELLING, SINGLE FAMILY (see Single Family Dwelling). DWELLING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. EGRESS shall mean an arrangement of exit routes to 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 balconies, ramps, stairways, smoke -proof enclosures, horizontal exits, exit passageways, exit courts, walkways, sidewalks, and yards. EXTERMINATION shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Inspector. FAMILY shall mean one person or two (2) or more persons related by blood, marriage, adoption, or placement by a governmental or social service agency, occupying a dwelling unit as one housekeeping goal JORM MICROLAS organization. A family may also be two (2), but not more than two (2) Persons not related by blood, marriage, 'Or adoption. GARBAGE shall GARBAGE mean animal or vegetable waste r also mean combustible, cooking, or consumption uefultin waste 9 from the Paper, rags, cartons material. The terms food and shall branches, boxes, wood, excelsior hall also include yard trimmings, and other combustibjerubber, leather, HABITABLE materials. , tree dwelling ROOM shall me�nsquarem feetOfspace g a minimum of seventy g unit or rooming floor having sleeping cooking, unit used or intended floor .area within a rooms, g, or eating purposes, excluding be used for living, closets Pantries, laundries, foyers, communie communicating storage spaces toilet basements. (see Recreation stairways, g corridors, Room in Basement] recreation rooms in INFESTATION shall mean the presence any insects, rodents, or other considered unsanitary, within or around a dwelling of pests, in such quantities as would be INSPECTOR shall mean the official or City appointed to administer the officials of the Cit together with his or her dul Provisions of y °f Iowa Logeagens). Y authorized re the Housing Code presentative(s) and/or, KITCHEN shall cookin mean a habitable room used or intended to g or the preparation of meals. KITCHENETTE be used for (40) square feetlinmarea a food preparation area not less than forty KITCHEN SINK shall mean a basin for washing cooking, eating, and drinking, located in a kitchen and both hot and cold water 9 utensils used for I connected to LAVATORY shall mean a handwashing basin which is hot and cold water lines, which is se kitchen sink, connected to both separate and distinct from a LIVING ROOM shall mean a habitable room is used, or intend to be used within a dwelling unit which MOBILE primarily for genera) living MOBILE tOME shall mean any vehicle without cams or constructed as to motive conveyance upon the Permit its being used or so constructed, or rthe Public streets and hi g used as a as a Place for human habitation b w�)1 highways and so be permit the vehicle to begned, MULTIPLE Y one or more persons, used DWELLING shall mean any dwelling containing three (3) or more dwelling units, u•;., :+ JORM MICROLAB 6 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 of the premises. OWNER shall mean any person who has custody and/or control of any dwelling, dwelling unit 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 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. 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. PUBLICWAY shall mean any parcel of land, unobstructed from the ground to the sky, more than ten (10) feet in width, appropriated to the free passage of the general public. RECREATION ROOM IN BASEMENT shall mean a room located in a basement used for general recreation purposes and not used, nor intended to be used, for sleeping. This room shall be in addition to the minimum 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 unsanitary conditions. anal JORM MICROLAF3 REGULATIONS (see Rules). RENTAL PERMIT shall mean a document, grants the owner or operator the option purposes and showing that the unit for compliance with the applicable provisions of issuance. issued periodically, which of letting a unit for rental which it is issued was in of this Chapter at the time 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. 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. 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. 1[ 1r a, JORM MICROLAF3 .JAI. 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. INSPECTIONS. 1. 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. 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. 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 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, JORM MICROLAB 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 repairs, or making such alterations as are necessary to effect compliance with, or any lawful notice or order issued pursuant to, the provisions of the Housing Code. 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 safeguarding 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, or premises any condition which makes such unit or premises in violation of any provision of the Housing Code or in response to a complaint that an alleged violation of 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 having 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 If entry is refused, the Inspector shall request that the inspection be conducted at a reasonable time, suitable to -the owner or occupant. If the request for future entry is refused, the Inspector shall at that time, or at a later time, explain to the owner and/or occupant that: (1) the occupant may refuse, without penalty, entry without a search warrant; and (2) the Inspector may apply to the magistrate for a search warrant. 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. No owner or occupant or any other person having charge, care, or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to the Housing Code. JORM MICROLAR 10 ,^ 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 Beard shall be processed pursuant to the Iowa City Administrative Procedures Ordinance. The Board shall Goal DORM MICROLA9 11 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 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, (8) Petition for Revocation of a Certificate of Structure Compliance. (9) Petition for Variance. 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, (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. dd it"ii 1. JORM MICRGLA9 12 (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 aaaI JORM MICROLAB li i,. "),.I ' 13 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: state in what manner the variance from the specific provision(s) is to be allowed; and, state the conditions under which the variance is to be made; and, be based upon specific findings of fact based on 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 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 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 JORM MICROLAB 14 1� for human habitation by the Director shall be vacated immediately or as ordered by the Director. 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 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. REMOVAL OF PLACARD PROHIBITED. No person shall deface or remove a placard from any dwelling, dwelling unit, or rooming unit 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. 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 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 Eli,giblity 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 Gaal JORM MICROLAB i., :I, 15 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 adopted pursuant to Section 17-3.P. M. (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). 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 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 DORM MICROLA6 16 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. MIN JORM MICROLAFa 17 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. 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. 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 Iowa 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. JORM MICROLAS 18 1" 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. 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 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. 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 JORM MICROLAD 19 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. APPLICATION FOR RENTAL PERMIT. The owner or operator shall file, in duplicate, an application for rental permit with the Department of Housing and Inspection Services on application forms provided by the Inspector. 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. 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 by the Inspector to remedy any violations cited subsequent to a maintenance inspection, provided a rental application is on file with fees paid. J. REVOCATION OF A RENTAL PERMIT. The Housing Appeals Board shall consider the revocation of a rental permit upon the expiration of a rent escrow account if petitioned by the Inspector for such 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. The Board may revoke a rental permit upon a finding of a violation of any provision of Chapter 17-7. K. HEARING WHEN A CERTIFICATE OF STRUCTURE COMPLIANCE AND/OR RENTAL PERMIT IS DENIED. Any person whose application for a certificate of structure compliance or rental permit has been denied, may request, and shall be granted, a hearing on the matter before the Housing Appeals Board under the procedures of the Iowa City Administrative Procedures Ordinance. Application for the appeal hearing must be made within ten (10) days of receipt of the written notice of denial. Section 17-5. MINIMUM STRUCTURE STANDARDS FOR ALL DWELLINGS A. SUPPLIED FACILITY. Every supplied facility, piece of equipment or required utility shall be constructed and/or installed so that it will function safely. B. KITCHENS. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: JORM MICROLAS 20 (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. D. 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 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 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 not 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: anal JORM MICROLAR i "Jl'll 21 (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. (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. BI:.iii 1,,.;; ,: JORM MICROLA6 22 /"�N 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. aoa DORM MICROLAF3 23 (c) Any kitchen or kitchenette lacking natural ventilation shall be equipped with a system of mechanical ventilation which provides at least two changes shall exhaustand di � system discharge to outsidem ir. HEATING. (1) Every dwelling shall have heating facilities which re properly installed and are capable ofsafelyand and adequately heating all habitable rooms, toilet rooms located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit [twenty (20) degrees C] and shall be capable of maintaining in all said locations a minimum temperature of sixty-five (65) degrees Fahrenheit, [eighteen (18) degrees C] at a distance of three (3) feet above the floor level at all times. Such ed that heating facilities shall be so designed and equipp 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 ed as to assure proper draft and shall be adequately support (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 r. heaters are oprohibitedom in n �in bathroomsrtiht eand sleeping rooms. (5) s (5) Every steam or hot water boiler and every water appropriate ter shall be protected against overheating by pp P 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. I„T ::'�i .1 :1' JORM MICROLAB .iJ"d '6�IJ'.. Ji "''I.a, 24 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 for a 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. anal JORM MICROLAF3 „ii. ., . '.1n1 '1! 25 (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) :, .1 DORM MICROLAS .'r, 26 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 provided for every single family dwelling, dwelling unit within a duplex, multiple dwelling, and rooming house. Fire extinguishers shall be properly hung in an area of easy access. 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 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. 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. 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. 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; aoa � JORM MICROLA9 27 (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. JORM MICROLAR ti J„1: f `111171 28 SHADES, DRAPERIES AND WINDOW COVERINGS. (I) 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. aaai i, DORM MICROLAR _ 29 B. MAINTENANCE OF ACCESSORY STRUCTURES. Every foundation, exterior wait, 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 30 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. 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 designed.and installed as to prevent contamination of the 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. K. MAINTENANCE OF GAS APPLIANCES AND FACILITIES. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the 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. aoaI JORM MICROLAR .. ..i , ". 31 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. REFRIGERATORS AND STOVES. All supplied refrigerators, stoves, and ranges shall be maintained in good and safe working condition. 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 dwelling containing two or more dwelling units or more than one rooming unit shall be responsible for maintaining, in a safe arrr, 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. JORM MICROLAI3 32 r�1 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 ACCUPANCY 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 a single-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. aoa► JORM MICROLAO 33 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 17-6.1. and J. are complied with. f. 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)-(I)"HOUSING UALITY STANDARDS". Housing used in this program* shall meeL Lhe 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 approver) 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 Vfll Housing Assistance Payments Program. Further, in accordance with the Corlo of Iowa, this Section has provided the basis for provisions of the Iowa City Housing Code. JORM MICROLAF3 34 '~ (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 ina 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 system. Th Adequate e sink haspacell aiforinto then storage, Public or private serving of food shall be provided. There shallparabe 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 the dwelling 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. aoa JORM MICROLAS 35 (d) THERMAL ENVIRONMENT. (l) PERFORMANCE REQUIREMENI. 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. 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 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 delect.s 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. the roof 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, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior [,.,,0!:-!rI A, JORM MICROLAFJ '.iJAI: '.' :. :1P 1101.11" 36 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 pollution from carbon monoxide, other harmful air pollutants adequate throughout the unit. least one openable window ventilation. (h) WATER SUPPLY. (1) PERFORMANCE REQUIREMENT. from dangerous levels of air sewer gas, fuel gas, dust and Air circulation shall be Bathroom areas shall have at or other adequate exhaust 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. VAI JORM MICR©LAF3 37 (2) ACCLPTABILIIY CRIILRIA. Same as Performance Requirement. (j) ACCESS. (1) PERFORMANCE REQUIREMENI. 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: '111; n' I IS'l ii 0 JORM MICROLA9 Li ib1!',4W::).. 4 •LICIT°, 38 ",IN 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 MAYOR ATTEST: -CITY. CLERK JO RM MIC ROLAS '.i ,),I ." :1 . ii . '.11WO S anal ORDINANCE NO. 80-3010 ORDINANCE AMENDING SECTION 23-188(c) OF THE CODE OF ORDINANCES OF IOWA CITY, PROVIDING FOR SPECIAL SPEED RESTRICTIONS. SECTION'. PURPOSE: The purpose of this amendment is to be consistent with State code on special speed restrictions under Section 321.290, Code of Iowa 1979. SECTION 2. AMENDMENT: Section 23-188(c) of the Code of Ordinances is hereby repealed and the following substituted therefor: The City Council may, on the basis of an engineering and traffic investigation conducted by the City Traffic Engineer, reduce or increase speed restrictions set forth in this Section, where such greater or lesser speed is reasonable and safe under the conditions presented. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and Publication as required by law. Passed and approved this 4th day of November, 1980. ATTEST: , ift-'IM @ ?PPROVED M,U''Fi I,.- O 1011diTMENT MICROFILMED BY JORM MICR+LAB .� CEDAR RAPIDS • DES MOINES It was moved byNe, hauaer , and seconded by Erdahl that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL X— LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 10/7/80 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Balmer, Lynch. Nays: Vevera. Absent: Erdahl. Second consideration 10/21/80 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Balmer, Erdahl, Lynch. Nays: Vevera. Date of publication 11/12/80 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES km j i i I, i I ,41 i ) r,... i ) 1)r. It was moved byNe, hauaer , and seconded by Erdahl that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL X— LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 10/7/80 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Balmer, Lynch. Nays: Vevera. Absent: Erdahl. Second consideration 10/21/80 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Balmer, Erdahl, Lynch. Nays: Vevera. Date of publication 11/12/80 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES km j i i I, I ,41 j ,41