HomeMy WebLinkAbout1976-05-11 Ordinanceelty aq Toga city
DATE: April 2, 1976
TO: Neal Berlin, Dennis Kraft, City Council
FROM: Lyle Seydel, Housing Coordinator`���
RE° Proposed changes to Chapter 9.30 Minimum Housing Standards
Municipal Code
I. Attached is a copy of Chapter 9.30 (yellow). These standards
were adopted in March 1965. Revisions were adopted in May 1965,
October 1966, June 1967, October 1968, May 1969 and February 1970.
Also attached is a proposed revision of the entire Chapter. The
main purpose in recommending revision is clarification, simplification
and enforcement.
2. Changes in the recommended revision are marked with an asterisk.
Only major deviations or changes will be addressed in this memorandum.
a. Chapter 9.30.1 Definitions.
Twenty definitions have been added to the standard for ease in
reference and clarifying the standard. All definitions have been
taken from national, state or other local codes. — -
b. Chapter. 9.30.2 Inspections of Dwellings.
Considerable change in format and Right of Entry verbiage.
Provides for application to a magistrate for an order to allow
inspection in the event entry is refused. Persons violating a proper
demand for entry violates this sub -division and shall be quilty of a
misdemeanor.
C. Chapter 9.30.3 Substandard Buildings.
A new section and is added for clarity and to provide a
guide for the Housing Inspector. It does parallel the Dangerous
Building Code which is enforced by the Building Inspectors.
d. Chapter 9.30.9 Conveyance, Transfer or Conversion.
A new section. Will require an inspection be performed prior
to the conveyancy, transfer, or conversion from one housing classifica-
tion to another. Noted deficiencies must be corrected before a
certificate of compliance will be issued to the new owner. Similar to
selling an auto on a Red Title.
e. Chapter 9.30.5 Enforcement, Notice and IIearing.
No substantial changes. Paragraph B has been added to indicate
a certificate is issued to th:: owner and is not transferable. It is
contemplated that this section may be utilized to a greater extent in
the future without resorting to court as the first step.
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f. Chapter 9.30.6 Basic Equipment and Supplies.
Primary changes are in verbiage, paragraphing, and clarification.
Sub -paragraph 9.30.6.A details requirements for a kitchen to include
storage capability for =rod and utensils. This is an added requirement,.
Sub -paragraph R has a -:e.-biage change first line - the word "multiple"
is used instead of "dwelling". Sub -paragraph V, [9, and X are added
requirements.
g• Chapter 9.30.7 Light Ventilation and heating.
Sub -paragraph L, :•; and N have been added. L requires storm
doors and windows. M and provide the Housing Inspector with the
authority to enforce fire safety code and electrical code.
h. Chapter. 9.30.8 General Requirements Relating
Sanitary Maintenance of =arts to the Safe and
of Dwellings and Dwelling Units.
No significant cringes. Sub -paragraph M requires fencing or
safely covering or filli-; of abandoned cisterns.
i. Chapter 9.30.9 Minimum Space, Use, and Location Requirements.
This is in conformance
Sub -paragraph A changes Equare footage of: a bedroom from 80 to 70.
w_th new building code.
j• Chapter 9.30.10 Responsibilities of Owners and Occupants.
No significant changes f=On previous edition. Several items have
been more properly placed in the paragraph. ---
k. Chapter 9.30.11 Rooming houses - Multiple Dwellings.
Sub -paragraph M "as been added. Limits wooden multiple
dwellings to two stories in height- and prevents converting•third
stories or attics into habitable areas unless all alterations comply
with these standards.
1. Chapter 9.30.12 Single Family Owner or Renter Occupied and
Duplexes.
A new section. Recuires these type units to comply with
appropriate paragraph of this code and reinforces that they must be
inspected prior to conve ince or transfer and will authorize charging
for the inspections. A resolution will be required to fix this
charge.
M. Chapter 9.30.13 Designation of Unfit Dwelling and Legal
Proceedure of ConA-emnation.
Sub -paragraph B mrovides a six month delay between placarding
a dwelling and initiatio- of condemnation proceedures.
n. Chapter 9.30.14 Order to Allow Inspection.
New section. Establishes proceedures to be followed in
obtaining an order from a magistrate to allow an inspection.
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MINIMUM HOUSING STANDARDS
y `..ions:
9.30.1
Definitions
9.30.2
Inspection of Dwellings
9.30.3
Substandard Buildings
9.30.4
Conveyance, Transfer or Conversion
9.30.5
Enforcement, Notice and Hearings
9.30.6
Basic Eq i(xnent and Supplies
9.30.7
Light, Ventilation and Heating
9.30.8
General Requirements
9.30.9
Min]mRun Space, Use, and Location Requirements
9.30.10
Responsibility of Owners and occupants
9.30.11
Rooming Houses - Multiple Dwellings
9.30.12
Single Family Owner occupied or Rental and Duplexes
9.30.13
Designation of Unfit Dwellings and Legal
Procedure of Condenmation
9.30.14
Order to Allow Inspection
* Denotes change from Chapter 9.30, Ordinance No. 2319 enacted
March,
1966; Amendments= Ordinances No. 2335, May 1965;
2438,
June 1967; 2415, October 1968; 2521, May 1969;
2551,
February 1970
9.30.1 Definitions. The following definitions shall apply in the
i-iterpretation of this Chapter.
* A. ACCESSORY STRUCTURE shall mean a detached structure which
is not used or not intended to be used for living or sleeping by human
0=rpants.
*B. APARTMENT shall mean habitable living unit to be used for
K -wing, sleeping, and eating and thus equipped pped with a kitchen and bathroom.
*C. ATTIC shall mean any story situated wholly or partly within
he roof and so designed, arranged or built to be used for business,
storage or habitation.
D. BASEgNr shall mean a portion of a building located partly
`.derground but having at least one-fourth (1/4) of its clear floor -to -
ceiling height above adjoining ground level.
*E. C TMAL HEATING SYSTEM shall mean a single system supplying
to one (1) or more dwelling unit (s) or more than one (1) rooming unit.
F. CELLAR shall mean a portion of a building located
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partly or wholly underground, and having less than one-fourth
(1/4) of its clear floor -to -ceiling height above the adjoining
ground level.
*G. CIII14NEY shall mean a vertical masonry shaft of
reinforced concrete, or other approved noncombustible, heat
resisting material enclosing one (1) or more flues, for the
purpose of removing products on combusi.on from solid, liquid
or gaseous fuel.
or decay. *H. DILAPIDATED shall mean fallen into partial ruin
I. DORMITORY shall mean any dwelling cohere group
sleeping accomodations are provided for persons not members
of the same family groups in which several occupy large rooms
or a series of closely associated rooms under joint occupancy
and single management. For the purpose of this Chapter, the
tern "dormitory" shall include, but not limited to, fraternity
houses and sorority houses.
*J. DUPLEX shall mean any habitable structure containing
only two single family units.
*K Dwelling shall mean any building which is wholly
or partly used or intended to be used for living or sleeping
by human occupants.
L. DWELLING UNIT shall mean any room or group of
rooms located within a dwelling and forming a single habitable
unit with facilities which are used or intended to be used for
living, sleeping, cooking, and eating.
*M. EGRESS shall mean an arrangement of exit facilities
to assure a safe means of exit from buildings.
*N. EXTERMINATING 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 Housing Inspector.
*O. One person or two or more persons related by blood,
arriage, or adoption occupying a living unit as an individual
ousekeeping organization. A family may also be two, but not more
than two persons not related by blood, marriage, or adoption.
*P. GARBAGE shall mean the animal and vegetable waste
resulting from the handling preparation, cooking, and consumption
of food.
*Q. GUEST shall mean any person who shares a dwelling
snit in a non -permanent status for not more than thirty (30) days.
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R. HABI'T'ABLE ROOM shall mean a room or enclosed floor
space used, or intended to be used for living, sleeping,
cooking, or eating purposes; excluding bathrooms, recreation
rooms, water closet compartments, laundries, pantries, foyers,
or communicating corridors, closets, and storage spaces.
* S. HOUSING INSPECTOR shall mean the official or officials
of the City of Iowa City appointed to administer the provisions
of this Chapter.
T. INFESTATION shall mean the presence, within or
around a dwelling, of any insects, rodents, or other pests.
* U. KITCHEN shall mean any room containing any or all of
the following equipment, or any area of a room within three (3)
feet of such equipment: sink, stove, range or comparable
built-in cooking facilities, refrigerator, cabinets and/or
shelves for storage of equipment and utensils, and counter or
table for food preparation.
* V. KITCHENETTE shall mean a small kitchen or an alcove
containing a kitchen.
W. MULTIPLE DWELLING shall mean any dwelling containing
more than two (2) dwelling units.
X. OCCUPANT shall mean any person, over one (1) year
of age, living, sleeping, cooking, or eating in, or having
actual possession of, a dwelling, dwelling unit, or rooming
unit.
Y. OPERATOR shall mean any person who has charge, care,
or control of a building, or part thereof, in which dwelling
units or rooming units are let.
Z. OWNER shall mean any person who, alone or,jointly or
severally with others:
I. Shall have legal title to any dwelling unit, with
or without accompanying actual possession thereof; or
2. Shall have charge, care, or control of any dwelling
or dwelling unit, as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the owner.
Any such person thus representing the actual owner shall be
bound to comply with the provisions of this Chapter to the
same extent as if he were the owner.
AA. PERMIT shall mean a Certificate certifying that the
unit for which it is issued is in compliance with the applicable
provisions of this Chapter which Certificate shall expire at
the end of one (1) year following its date of issuance, unless
sooner suspended or revoked as hereinafter provided and shall
be renewed annually.
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BB. PERSON shall mean and include any individual, firm,
corporation, association, or partnership.
CC. PLUMBING shall mean and include all sfbthe
following
supplied facilities and equipment; gasapipes,gawaste pipes,
equipment, water pipes, urning
garbage disposal
water closets, sinks, dishwashers, lavatories, bathtubs, shower
baths, clothes washing machines, catch baonetherdrains,
with allvents,
and any other similar supplied fixtures, g
connections to water, sewer or gas lines.
nce of
which
* DD. PRIVACY shall orpersonshe tocarryeout an activityncommenced
will permit a person or p g
si ht or by
without interruption or interference, either by
sound, by unwanted persons.
* BE. REFUSE shall mean all Put ashes
and non, ashes
putrescible
solids (except body waste) including garbage, rubbish,
and dead animals.
CONTAINER shall mean a watertight container
* FF. REFUSE
that is constructed ofhatldurable m
impervious to rodents, is capable ofbeingserviced
without creating unsanitary conditions.
GG. ROOMING UNIT shall mean any group of rooms forming
a single habitable unit used or intended to busedfor living
and sleeping but not for cooking and eating purposes.
HH. ROOMING HOUSE shall mean any dwelling, or that part
of any dwelling containing one (1) or more rooming units, in
which space is let by the owner or operator to more than three (3)
persons except those whose relationship to the onwer or operator
by blood, marriage, or legal adoption was the basis for occupancy.
II. RUBBISH
exceptshall
garbage; andcombustible
termand
shallcincludeble
waste materials, P g coke, and other
the residue from the burning of caoodart ns, boxes, wood,
combustible material, paper, rags, and trimmings, tin
excelsior, rubber, leather, treebrnches, a atrimmin
cans, metals, mineral matter, glass,
* TJ. SINGLE FAMILY DWELLING shall mean any dwelling which
or ds
ave one roo
contains one living unit(s)
ersong
gother thanunit maymembeoreofhthe family innaccordance
rented to a p
with applicable zoning code.
* KK. SINGLE FAMILY OWNER y by the ownerlNG andshall
familyany
dwelling which is occupied solely by
thereof.
* LL. SPACE HEATER shall mean type self-contained, heating
appliance of either the circulatory
he radant type
and intended primarily to heat only one (1) room.
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MM. SUPPLIED shall mean paid for, furnished, or provided
or under the control of, the owner or operator.
* NN. TEMPORARY PERMIT shall mean a Certificate certifying
'-at the unit for which it is issued is not in compliance with
.`.e applicable provisions of this Chapter and which certifies
`-at the unit for which it is issued may be occupied for a
-e specified in said Certificate, pending the completion of
--:a necessary improvements needed to bring it into compliance.
--d time period being determined by a reasonable time necessary
'::)r the completion of said improvements, not to exceed six (6)
-Inths, and said Temporary Permit shall be in effect for said
period, unless sooner suspended or revoked as provided in
.:is Chapter and shall not be renewable with the exception that
ne renewal may be granted if the original permit and the
renewal do not exceed one year.
00. MEANING OF CERTAIN WORDS. Whenever the words
-dwelling", "dwelling unit", "rooming house", "rooming unit",
premises", are used by this Chapter, they shall be construed
as though they were followed by the words "or any part thereof"
9.30.2 INSPECTION OF DWELLINGS, DWELLING UNITS, ROOMING
_:ITS AND PREMISES.
*A. Authority. The Housing Inspector is hereby authorized
and directed to administer and enforce all of the provisions of
_his Code.
*B. Right of Entry. Whenever necessary to make an inspection
_D enforce any of the provisions of this Code, or whenever the
Housing Inspector or his authorized representative has reasonable
rause to:.:believe that there exists in any building or upon any
remises, any condition which makes such building or premises
s-Jbstandard as defined in 9.30.3 of this Code, the Housing
=suectcr or his authorized representative may enter such building
premises at all reasonable times to inspect the same or to per -
`or -i any duty imposed upon the Housing Inspector by this Code;
z=ovided that if such building or premises be occupied, he shall
'-rst make a reasonable effort to locate the owner or other
--ersons having charge or control of the building or premises and
.e -and entry. If such entry is refused, the Housing Inspector shall have
==course to apply to a Magistrate of the Iowa District Court in
and for Johnson County for an Order to Allow Inspection of the
_wilding pursuant to the provisions of 9.30.14.
*C. No owner or occupant or any other person having charge,
:are or control of any building or premises shall fail or neglect,
:er proper demand is made as herein provided, to properly
permit entry therein by the Housing Inspector or his authorized
-resentative for the purpose of inspection and examination pursuant
_= this Code. Any person violating this subdivision shall be guilty
_` a misdemeanor.
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*D• Evidence. Evidence obtained by use of a search warrant
may be used to effectuate the purposes and provisions of this
chapter in any ensuing action brought by the City for a violation
of this Chapter.
*9.30.3. SUBSTANDARD BUILDINGS
thereof whichtare aBuildings.rd
determinedto belsubstandard as definedsin this
Code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition, or removal in accordance
With the codes of the City of Iowa City, Iowa.
B. General. Any building or portion thereof including
any dwelling unit, guest house or suit of rooms, or the premises
on which the same is located, in which there exists any of the
following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the
occupants thereof shall be deemed and hereby is declared to be
a substandard building:'
1. Inadequate Sanitation, which shall include but not be
limited to the following:
a• Lack of, or impzoper water closet,
or shower in a dwelling unit. lavatory, bathtub
b• Lack of, or improper water closets, lavatories, and
bathtubs or showers per number of guests in a structure.
C. Lack of, or improper kitchen sink.
d• Lack of hot and cold running water to plumbing fixtures
in a dwelling unit.
e. Lack of adequate heating facilities.
e f• Lack.of, or improper operation of required ventilating
equipment.
g. Lack of minimum amounts of natural light
required by this Code. and ventilation
h. Room and space dimensions less than required by this Code.
i. Lack of required electrical lighting.
j. Dampness of habitable rooms.
k. Infestation by insects, vermin or rodents as determined
by the health officer.
1. General dilapidation or improper maintenance.
M. Lack of connection to required sewage disposal system.
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D. Lack of •
-acilities as determined
garbage and rubbish Stora
Y the Housing Inspector, ge and removal
_o th(Z� Structural Hazards
following: which
shall include
a. Deteriorated orout not be limited
Defective lnadequat
or deteriorated
Flooring or floor
loads with safety,
d Members
=t split, lean of walls,
ion.
c` eriorat , list, or
b.
==Posed
e foundations.
flooring or floor supports.
supports of insufficient size to carry
Partitions,
buckle due
_
S. t•Fembers of walls,
are of insufficient
partitions,
size to carry
f. Membersof ceilings,
__rer horizontal
members which
-_ Arial or deterioration.
*
9.30.4. CONVEYANCE,
or other vertical supports
to defective material or
or other vertical supports
imposed loads with
-roofs, safetceiling and roof orts y.
suppy.
sag, split, or buckle due to defeor
ctive
No TRANOPER OR CONVERSION.
con_veyedstructure cont
one
-ns Without booutosaidngfrom one h duelling units shall
ith hous'
=aid cony Y the Fiousin structure and dwelling g classification be
conveyance transf =InspeQtor within 18pnits having beeno
conversion days Prior to
-rise for correction of noted
Lure shall issue a certificate en
=t acture and dwellingiciencies, the Housing
unit compliance
9.30.5. ENFORCEMENT for said
. NOTICE AND HEARINGS.
-re`
A NT,
Aa` yaPoovibse s ofdthr tile jito believe that there
ions c
--'egad violation to the Chapter Ye has been
=s h'Teinafter Provided. PSuchnnot•personsshallresPongivenotice ofosuchon
l Be .ice shall: le therefore,
Put in writing.
Z- Include
-=sued. a statement
3. Allow of the reasons why it is being
-= requires, a specific time
for the Performance of any act
4. Be served u
the case Pon the ocvner o
oe Proper mays require. provided that r his agent
a copy thereof i- Upon upon such at such notice or the occupant,
-e se owner or cent, shall be deemed
` of is sent by registeredpmailIln Personally; oruponasco yoccuparit,
his last known address;
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or if he is served with such.notice by any other method authorized
or required under the laws of this state.
5. Such notice may contain an outline of remedial action
which, if taken, will effect compliance
this Chapter. with the provisions of
* B. If upon inspection of a dwelling unit or units
Housing Inspector finds said unit or units in compliance the
With the Minimum Housing Code, the Iiousin
a certificate of compliance. The certificatensPallobeshall issue
to and in the name of the owner of the unit or units anissued
not be transferable. In the event of the sale of the property,
the new owner must secure a new certificate of compliance.
C. For the purposes specified in subsection 9.30.5.D,
9.30.5.E, 9.30.5.F, 9.30.11.B, 9.30.11.E and 9.30.13.F of this
chapter there is hereby created a Housing Appeals Board. The
Council may appoint a special board or may utilize any existing
Official board of the city for this purpose.
D. Any person affected by any notice which has been
issued in connection with the enforcement of any provision of
this Chapter may request" and shall be granted, a hearing on
the matter before the Housing Appeals Board; provided that such
Person shall file in the office of the Housing Inspector a
written petition requesting such hearing and setting forth a
brief statement o£ the grounds therefore within ten days after
the date the notice was served. Upon receipt of such petition,
the Housing Inspector shall set a time and place for such
hearing; shall give the petitioner written notice thereof,
outcome of the hearing. At such hear
and shall take no further enforcement action pending the
ing, the petitioner shall
be given an opportunity to be heard and to show why such
notice should be modified or withdrawn. The hearing shall be
commenced not later than thirty (30) days after the date on
which the petition was filed provided that upon application of
the petitioner, the Housing Inspector may postpone the date of
the hearing for a reasonable time beyond such thirty. (30) day
period if, in his judgement, the petitioner has submitted a good
and sufficient reason for such postponement.
E. After such hearing, the Housing Appeals Board shall
sustain, modify, or withdraw the notice, depending upon its
findings as to whether the provision
complied with. If the s of this Chapter have been
fIousing Appeals Board sustains or modifies
such notice it shall be deemed an order. Any notice served
Pursuant to subsection 9.30.5 of this Chapter shall automatically
become an order if a written petition for a hearing is not filed
in the office of the Housing Inspector within ten
such notice is served. After a hearing in the (10) days after
case of any
notice suspending any permit required by Section 9.30.11 when such
notice has been sustained by the.Housing Appeals Board, the permit
shall be deemed to have been revoked. Any such permit which has
been suspended by a notice shall be deemed to be automatically
revoked if a petition for heari:,g is not filed in the office of
the Housing Inspector within
served. ten (10) days after such notice is
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F. The proceeding at such hearing, including the findings,
and decision of the housing Appeals Board shall be summarized,
reduced to writing, and entered as a matter of public record
_n the office of the housing Inspector. Such record shall
also include a copy of every notice or order issued in connection
::ith the matter. No hearing shall be valid unless a majority
of the Board is present and no decision at a hearing shall
ze valid and binding unless reached by a majority of the whole
'oard. Any person aggrieved by the decision of the Housing
Appeals Board may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of this state.
G. whenever the Housing Inspector finds that an emergency
exists which threatens immediately the public health, he may
issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary
to meet the emergency. Notwithstanding the other provisions
of this Chapter, such order shall be effective immediately.
.�.ny person to whom such order is directed shall comply therewith
i.=„ediately but upon petition to the Housing Inspector shall
be afforded a hearing as soon as possible. After such hearing,
depending upon its findings as to whether the provisions of
pis ordinance have been complied with, the Housing Appeals
Board shall continue such order in effect, or modify it, or
revoke it.
9.30.6 BASIC EQUIPMENT AND SUPPLIES. No person shall
occupy as owner -occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the
fcilowing requirements.
*A. Every dwelling unit shall have a room or portion of a
roots in which food may be prepared and/or cooked which shall
:.ave an adequate ventilation area, and which shall be equipped
with the following: i
*1. A kitchen sink in good working condition and properly
connected to a water supply system which provides at all times
a_, adequate amount of heated and unheated running water under
pressure, and which is properly connected to a sewer system.
*2. Cabinets and/or shelves for the storage of eating,
drinking and cooking equipment and utensils and of food'that
does not require refrigeration for safe keeping.
*3. A stove or range for cooking food, a refrigerator,
or similar device, for the safe storage of food at a temperature
less than SO F. but more than 32 F., which are properly installed,
provided that such stove or range and refrigerator need not
ze installed when dwelling unit is not occupied or when the
occupant is expected to provide the same on occupancy.
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B. Every dwelling unit shall contain a room which affords
privacy to a person within said room and which'is equipped with
a flush iaater closet and a lavatory basin in good working
condition and properly connected to a water and sewer system
approved by the housing Inspector.
C. Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or
shower in good working condition and properly connected to
a water and sewer system approved by the Housing Inspector.
D. Every kitchen sink., lavatory basin, and bathtub or
shower required under the provisions of subsections 6.A, 6,B,
and G_" of Section 9.30.6 of this Chapter shall be properly
supplied with both hot and cold water.
E. All plumbing shall be so designed and installed as to
prevent contamination of the water supply through backflow,
back -siphonage, and any other method of contamination and so
that no potable water line or plumbing fixture is directly
connected to a non -potable water line or plumbing fixture is
directly connected to a non -potable water supply.
F. Every water supply line shall be so constructed that
there is no possibility of a cross -connection between a potable
and non -potable water supply.
G. Every water supply inlet shall be located above the
flood level of .any installed sink, lavatory, bathtub or
automatic washing machine and similar water using fixtures,
or above some unobstructible overflow thereof; and there
shall be no submerged inlets, except submerged inlets installed
with a vacuum breaker of a type approved by the Housing Inspector.
H. The waste line of every water using fixture shall be
trapped and every waste line shall drain freely without
obstructions and shall be free of leaks.
I. All plumbing, plumbing fixtures, and appurtenances
thereof shall be maintained in good working condition and
reasonable repair by the owner.
J. eater pressure shall be adequate to permit a proper
flow of water from all open outlets at all times.
K. Every water closet shall be of the trapped type, with
facilities for safe and clean flushing. No water closet shall
be of the so-called "flush -hopper", "frost -proof hopper", or
similar type.
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L. Every dwelling shall have supplied water heating
in
facilities which are properly installed, are maintainedconnectedwith
safe and good working condition, and properly
zhe hot water lines required under the provisions of subsection
9.30.6D of this section and are capable of heating water to
such a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory, basin,
bathtub or shower at a temperature of not less than one
F. Such supplied water heating
hundred twenty degrees (120)
facilities shall be capable of meeting the requirements of
this subsection when the dwelling or dwelling unit heating
_facilities required under the provisions of subsection 9.30.7F
of this Chapter are not in operation.
M. Storage and disposal of garbage and rubbish shall
co. --,ply with the requirements of the ordinances of the Code of
and the Housing Inspector may
lo'. -7a City concerning same
enforce the requirements contained therein.
N. All fuel burning hot water heaters shall be properly
vented in accordance with subsection 9.30.7G of this Chapter.
p, Every gas pipe shall be sound and tightly put together
and shall be free of leaks, corrosion, or obstruction so as
_o reduce gas pressure or volume.
P. 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 dousing Inspector.
Q. Gas pressure shall be adequate to permit a proper
flo;•r of gas from all open gas valves at all times.
ave
*R. Every 2) independent,unobstructedle unit and rooming lmeanslofhegress
access to two (2) then. shall be a doorway
reaote from each other. 2a- least one (1)
:zich discharges directly or via corridors.or stairways or
both, to the exterior of the building at ground level.
S. Every dwelling or rooming unit shall have safe,
,;nobstructed means ou.ey theleadlawstofsafe thisand stateepace at
and
redb
--round level, as req Y
ordinances of the City of Iowa City.
T. Every gas -burning heating unit and water heater shall
be equipped with a pilot light and an automatic control
to
interrupt the flow of gas to the unit in the event of pilot
:fight failure and all gas heating units with plenum shall
:ave a limit control to prevent overheating.
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U. All stairs
having four (4) or and steps, either
substantial more risers interior or exterior,
handrail situated shall be equipped with a
(34) inches above the nose between thirty (30
between occupied floors of the ) and thirty-fou,
at stair treads. All staff y-£Our
least six foot six inchesp(6Ch and walkwaysteps shalryays
height of not ) of head ste
less more than room al have
ser
tread than nine (9) incties1Jhrire) inches and a treadrwidth not
width of at least escape stairs
excess of nine nine (9) inches and shall have a
escapes. (9) inches. winders a riser not in
All areas accessible shall not
and situated to occupants ofbe used on £ire
(36Sha) inches
be more th�ns stantifeet adjacent areas
protected b above any dwell
inches high. guardrails
at least thirty-six
*V• Every dwellin
for the safe storage of g or rooming unit shall
drugs and household have a facility
*v''- wherever an poisons,
fenced oarea, ny Pthere
ublic shall rbesa£m�ans nfdeelling Opens into the
area
way adjacent tns Of hereto-
dwelling
from the fenced
*X. No Person shall
dwelling unit unless all let for Occupancy dwellingexterior doors nand any dwelling or
locking or dwelling unit are
g device. equipped with windows un the
a safe functioning
9.30.7 LIGHT, VENTILATION,
occupy as owner-occupant AND HEATING.
dwelling or dwelling or let to another forNo Person shall
cooking, or eatin g unit, for the occupancy an
following g therein, which Purpose cf living, sleeping, g does not comply with leeping,
Al or Every
cookinghabitable
rom except those used solei
cooking or skylight facing dire ctl eating shall have at y for
total window Y to the least one (1) window
room shall bearea, measured outdoors.
between stops, for every
minimum
Whenever walls ten percent (10%) of the every habitable
any such or other portions floor area of such
less TO°m and such li of structures face room.
OM
three (3) feet light
-Obstructing structures a window of
level above that from the window aTe located
shall not be °f the ceilin and extend to a
not be deeme•:' to face g ct the room, such a window
included as contributanrectly to the outdoors
window areaT9henever the only to the and shall
type Window'. n the Y wind ocv inquired minimum total
such
totaskylight shallequalof such room, the totalom is a skylight
floor at least fifteen window area of
not have area of such room. Any habitable Percent (15$
luminaries window or skylight room which Of the
capable ofProducing shall have supplied ewhich does
twentes of light at thecookinat least seventy (70) foot
Y (20) moot candles g surface level of
other food preparation °f light at the ranges and
work surfaces. surface of table and
-12-
0 •
B. Every habitable room shall have at least one (1)
window or skylight which can easily be opened, or such other
=_vice as will adequately ventilate the room. That total
speenable window area in every habitable room shall be equal
_c at least forty-five percent- (45£) of the minimum window
area size or minimum skylight type window size, as required in
s-_bsection 9.30.7A, except where there is supplied some other
=vice affording adequate ventilation and approved by the Housing
_nspector.
C. Every bathroom and coater closet compartment shall comply
:th the light and ventilating requirements for habitable
rcoms contained in subsections 7A and 7.B except that no window
.,r skylight shall be required in adequately ventilated bathrooms
.d water closet compartments equipped with a ventilation
system approved by the Housing Inspector.
D. Every public hall and stairway in every multiple
=:telling containing five (5) or more dwelling units shall be
=�equately lighted at all times. Every public hall and
stairway in structures devoted solely to dwelling occupancy
and containing not more than four (4) dwelling units shall be
supplied with conveniently located light switches, controlling
an adequate lighting system which may be turned on when needed,
instead of full-time lighting. The continuous or available light
=n tensity at floor or stairtread level shall be at least two (2)
-cot candles. Every habitable room shall be equipped with a safe __
=_'-ectrical switch which activates a luminary within the room
:ich is located near and convenient to the room entrance.
E. Every habitable room shall contain at least two (2)
separate floor or wall type electric convenience outlets which
stall be situated a distance apart equivalent to at least twenty-
=-ve (25) percent of the perimeter of the room; and every water
closet compartment, bathroom, laundry room, furnace /room, and
_,.:blic hall shall contain at least one (1) supplied ceiling or
.c=-11 type electric light fixture. Every such outlet and fixture
s=alt be properly installed, shall be maintained in good and safe
::cr'rinc condition. No temporary wiring shall be used except
extension cords which run directly from portable electric fixtures
to convenience outlets and which do not lie beneath floor cover-
i:cs or extend through doorways, transoms, or similar apertures
-_!structural elements or attached thereto. The electrical system
every dwelling shall not for reasons of overloading, de-
apidating, lack of insulation or improper fusing or for any other
=arse, expose the occupants to hazards of electrical shock or the
xcupants and the structure to hazards of fire.
-13-
0 s
Ever
Properly installedlling shall have
condition are have
inating facilities which
habitable and are capable of safe) safe and are
rooms Y and good working
located therein to
and water adequate)
Y heating
(70� p a temperature closet compartments all
all ' at a distance of three °f at least seventy
times. Such he three (3i feetdegrees
egU1PPed that g facilities shall be s floor level at
dwellin Neat as herein specified is be so
g unit and r°omhn available
and
g unit. )able to every
G. Every central
and cooking appliance shalllng be unit, space heater,
manner so as to afford located and water heater,
of egress facilities reasonable installed in such
fire or explosion °r egress Protection against such
plosion in them and routes in the event of uncontrolled
fire in the structure Protection
burning heatin °r materials in the against ignition of
in a safe g unit or water heater structure. Ever
building anner to a chi y he ter shall be effective) Y fuel
the g and shall mne leadingY vented
The vents shall be furnished with to the exterior of
shall be adequate) Of such design as to assure
air supply
and in good quate:ionUpported and shall be Proper draft,
kept reasonably clean
tt• No fuel burning space
sleeping Xtcrunless Providedwithter shall adequate de
from the e located within any
unit shall be s the combustion ducting for air
Baled from the chamber for such air supply
ng
I• Eve room in an airtight manner.
Protected against
steam or hot %,later boiler and
by the gainst overheating by adequate water heater
Housing Inspector. quate external shall be
devices approved
O During that portion of each
Year spector deems it necessary for protection whenHousing In -
flies, and other the mosquitoes
dwellinginsects, every door Opening
mosquitoes,
unit or rooming unit to outdoorning direct)
supplied screens of not l from a
a self-closin less than sixteen
space, shall have
Openings to thedeviceI and every window (16� mesh per inch and
wise be outdoor space Or other device
shall e subplied with such screens; for ventilation with
quired Burin Provided shall like -
Housing Inspector to be g such that, such screens
of buildings as to Such high rooms deemed by the
be free from such gh in the upper stories
insects.
K. Every basement or cellar window used
used for ventilation, and every other
might pr°vide or intended to be
wire an entry for rodents Opening to a basement
screen of not larger than ' shall be which
device as will effective) one-fourth supplied with a heavy
Y prevent their (l/4) inch mesh or such
entrance.
-14-
0 0
*L- During that portion of each year when
Inspector deems it necessary for protection
and cold the Housing
every door, opening direct) against the elements
oozing unit to outdoor. space y from a dwelling
%:ith a self-closin shall have g unit or
"Penin s g device; and ever supplied storm doors
4 to the outdoor space shall y window or other device
storm windows. likewise be Suppliedwith
with
* enforce the The Housing
able eInspector shall
Iowa State Fire in all
cases cohere applic-
Safety Code.
*N. The National Electrical Code and the Iowa Cit
C"de shall be enforced by the Housing Inspector in
tha all dwellings e Electrical
adequate u and dwelling units are order to assure
Power supply• provided a safe and
9.30.8 GENERAL REQUIREMENTS RELATING TO THE SAFE
:i%,I_'TENADICE OF PARTS OF DWELLINGS AND DWELLING
shall OF
as owner- `�D SANITARY
a=iY dwellingoccupant or let to purpose off or occupancyNo on
follo;vin g'oordeatinng unit, fo`hich purpose of living, sleep-
s. cooking, the
g requirements: therein does not
comply with the
s=ea A. Every foundation, roof
and every cvindocv, door, and fother wall, ceiling,
be reasonably weather -tight aperture covering shall
struction, and shall be g rodent proof, sound e shall
maintained in "f safe con-
ned condition,
B• Every doorway to and within each habitable room
room, toilet room, kitchen, hall, and stairwe
six foot four inches 11 shall be�abath-
_11 entrance doorhe x(6'911) high and twenty-four 2 least
�e eentranc with y to d47elling units and 4i inches wide.
doors which effective) rooms,ng units shall
y close the doorway.
C. All structural, insulating, and wall ceilin
finish materials, and the installation thereof shall be such ais
to Provide fire g and floor
required b resistivity and flame spread characteristics
the surfacesshall
law or as approved by the Housing shall be as
of such character as to be easilycleannspector and
D. Every door, cleanable.
concondition and ever , door hinge, and door latch shall be in
in its y door, when closed, shall fit good
frame. All windows and doors it frames
�= constructed and maintained and their frames hall
well
as to exclude rain and wind in such relation to wall construction
from entering the structure.
*E• Every water closet compartment floor surface
floor surface and kitchen floor surface shall be constructed and
-aintained so as bathroom
to be reasonably impervious to water and so as
-15-
to permit such floor to be easily kept in a clean and sanitary
condition. Any carpeting that is adjudged to be in an unsafe
or unsanitary condition shall be ordered removed by the Housing
Inspector. Floor surfacings which are in good condition and
composed of terrazo, tile, smooth concrete, rubber, asphalt tile,
linoleum, or other similar materials which are reasonably
impervious to water shall be deemed to satisfy the requirements
of this Chapter.
F- Every supplied facility, piece of equipment or utility
shall be constructed or installed that it will
and effectively, and shall be function safely
condition. maintained in satisfactory working
G. No owner, operaL-or, or occupant shall cause service,
facility, equipment, or utility, which is required under this
Chapter, to be removed from or shut off from or discontinued for
any occupied dwelling let or occupied by him except for such
temporary interruption as may be necessary while actual repairs
or alterations are in process, or during temporary emergencies.
H. The premises and grounds of every dwelling shall be kept
orderly and free of uncontrolled materials which are hazardous
to life, health, or property and shall be graded, drained, and
maintained as to preclude the ponding of water or the attraction,
breeding, and harborage of vermin.
I. The exterior of every dwelling and its outbuildings,
Porches, exterior steps, and similar appurtenances shall be
Painted, finished or otherwise maintained to prevent excessive
deterioration from weathering.
J. All pipe passages, chutes and similar openings through
walls or floors shall be adequately enclosed or sealed to prevent
the spread of Eire or passage of vermin.
K. All fences, outbuildings, and other appurtenances, on
the premises of any dwelling and all eaves troughs, downspouts
and other roof drainage equipment of the dwelling and its
outbuildings shall be maintained in sound functional condition,
and otherwise in such manner so as not to constitute a fire,
health, or safety hazard.
L. No owner shall occupy or let to any other occupant any
vacant dwelling unit or rooming unit unless it is clean, sanitary,
and fit for human occupancy.
*M. All excavations or any other hollowing out of the ground
including abandoned cisterns shall be fenced,rgafely,covered or
filled'�in such a. way' as _nbt to create -a hazard -to life or limb.
-16-
9.30.9 MINIh,uM SPACE, USE, AND LOCATIOMkQUIgEMENTS. No
person shall occupy as owner -occupant, or let to another for
occupancy any dwelling or dwelling unit, for the purpose of
living, sleeping, cooking, or eating therein, which does not
comply with the following requirements:
A. Every dwelling unit shall contain at least one hundred
fifty (150) square feet of floor space for the first occupant
=hereof and at least one hundred (100) additional square feet of
floor space for every additional occupant thereof; the floor
space to be calculated on the basis of total habitable room
area. Each bedroom in each such unit shall contain at least
seventy(70) square feet of floor space.
B. In every dwelling unit of two (2) or more rooms, every
room occupied for sleeping purposes shall contain at least
four hundred (400) cu. ft. of air space for each occupant twelve
(12) years of age or older and at least two hundred (200)
Cu- ft. of air space for each child under twelve (12) years of
age.
C. No dwelling containing two (2) or more dwelling units or
rooming units and no dwelling unit containing two (2) or more
rooming units shall have such room arrangements that access to
a bathroom or water closet compartment intended for use by
Dccupants of more than one (1) dwelling unit or rooming unit that
can be had only by going through another dwelling unit or
rooming unit; nor shall room arrangements be such that access to
a dwelling unit or rooming unit can be had only by going through
another dwelling unit or rooming unit or a bathroom or water
closet compartment.
D. Every habitable room hereafter erected shall have a
ceiling height of at least seven (7) feet except that at least
one-half (1/2) of the floor area of any habitable ceiling shall
have a ceiling height of at least seven (7) feet; and the floor area
of that part of any room where the ceiling height is/less than
five (5) feet shall not be considered as part of the floor area
in computing the total floor area of the room for the purpose
Of determining the maximum permissable occupancy thereof.
E. No cellar space shall be used as a habitable room or
dwelling unit.
F. No basement space shall be used as a habitable room or
dwelling unit unless:
1. The floor and walls are impervious Lo leakage of
underground and surface runoff water and are insulated against
dampness.
2. The total window area in each room is equal to at
least the minimum window area sizes as required in subsection
9.30.7A.
3. Such required minimum window area is located entirely
above the grade of the ground adjoining such window area or a
window below grade: in whole or in part shall have a minimum
_17 _
ar space Of three (3) feet
from the face of said window.
4. The total
nxcep- ehereast the min�sumaaserequiredndow area in each room is e
>'entilation anderc supplied some under subsection g, equal
approved b other device 30.7B
Y the Housing Ins affording adequate
5 No basement Pector. 4uate
.:: less all the shall be occ
='-ch roomfollowing Conditions 1ed as a d47ellin
occupied for livingcomplied with
ghuas
are
purposes_ as to
a. Such room shall beat least
high in every part from the seven
floor to the cei(7) feet
b,There
use of a shall be appurtenant
water closet.
to such room the
c. At least one (1) of
Of which such room is an
window the rooms of the apartment
or windows integral part shall
Yard with - an
directly to the have a
t or
feet in size cggregateOf at the sasleast twelve (12)esquare
readily For the purpose of frame
ventilationnd which shall open
d' The lowest
floor shall be waterproof and damp-proof. _
e• Such room shall have sufficient
ventilation, shall be well-draine
fit for human light and
habitation. d and dry and shall be
*f• Accessory
unit shall be structurallres on the premises of
good repair and free e sound, and be a dwelling
structures shall be of vermin. maintained in
Of de ca _ made weatherThe exterior of such
Preservativesstant materials
resistant throe
Further als or the use through the use
structure shall not any structure built or other
or units without co later be made built ling accessory
down for completely into a dwelling unit
the construction Y fulfilling all standards
Codes and the Iowa Cet
it of um buiHousin by the UniformBuilding9.30.10 Y Minimum
RESPONSIBILITIES OF g Standards.
OWNERS AND OCCUPANTS
*A• Substandard
:hereof- which are Buildings. All buildings
is Code determined to be substan or portions
are hereby declared to be substandard
e abated b as defined in
ccordance Y repair, rehabilitation public nuisances
with the codes of the Cit demolition and shall
Y of Iowa city, removal in
i Every owner. Of a Y. Iowa.
=selling units shall be dwelling containing
= d sanitary co responsible responsible £or two (2) or more
on the shared or maintaining in a cleZ..n
Public areas of the dwelling
-18- 1
and premises thereof. Every occupant of a dwelling or dwelling
unit shall keep i clean, safe and sanita ondition that
part of the dwell ig, dwelling unit, and pre ses thereof which
he occupies and controls.
C. Every floor and floor covering shall be kept reasonably
clean and shall not be littered or covered with dirt, dust,
garbage, human or animal fecal matter, or any other unsanitary thing.
D. Every wall and ceiling shall be reasonably clean and shall
not be littered or covered with dust, dirt, cobwebs, or greasy
film.
E. No stagnant water shall be allowed to accumulate or stand
anywhere about- the premises and grounds.
F. Every occupant of a dwelling or dwelling unit shall
dispose of all his rubbish, garbage, and any other organic
waste in a clean and sanitary manner, by placing it in the
disposal facilities or storage containers required by subsection
9.30.6M. It shall be the responsibility of the owner to supply
such facilities or containers for all dwelling units in multiple
dwellings and:for.all dwelling units ldcated on premises wheree
more than two (2) dwelling units share the same premises. In
all other cases, it shall be the responsibility of the occupant
to furnish such facilities or containers.
G. Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors and
windows whenever the same are required under the provisions
of this Chapter except where the owner has agreed to supply such
service.
*H. Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents, or other pests therein or on the premises and every occupant
of a dwelling unit'in a dwelling containing more than one (1)
dwelling unit shall be responsible for such extermination whenever
his dwelling unit -is the only one infested. Notwithstanding the
the foregoing provisions of this subsection, whenever infestation is
caused by failure of the owner to maintain a dwelling in a rodent
Proof or reasonably insect proof condition, extermination shall
be the responsibility of the owner. Whenever infestation exists in
two (2) or more of the dwelling units in any dwelling, or in the
shared or public parts of any dwelling containing two (2) or more
dwelling units, extermination thereof shall be the responsibility
of the owner.
I. Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean, safe, and sanitary condition and shall
be responsible for the exercise of reasonable care in the proper use
and operation thereof. In shared facilities, the owner shall be
responsible for the maintenance and sanitary condition of said fixtures.
9.30.11 ROOMING _ MULTIPLE DWELLINGS.
No person shall operate a rooming house, or shall occupy or
let to another for occupancy any rooming unit, except in compliance
with the provisions of every section of this Chapter except the
provisions of subsection 9.30.6.A through E.
-19-
A• No person •
=:selling or sha shall operate
==orcin or multipleet to ad°eher foroOccupancy a or multiPle
_ g house
n°'�ltgforuse Permit ohtultipleng unless he holds in any
Y unit
=he no U'. said rooming house Dwellin a valid
g Inspector in °Y multi g Permit or a Temporary
=?ecific dwelling or Ple dwellin
sllthe
necessaryIfousing Inspectorluingnunit�f The operatorgand-Issued
the
dive
rov improvementsPneededon pliance Operator shall apply
-eriodhe Provisions of this to bringY the Operator t
specified in d Tem Chapter shall bedoneInto compliance
=y conspicuous said Porar within
al.l ti Place within the Y Permit shall be the
mes. Lach Te rooming 'me
e
-�er�on the words, Te Temp Permit g house displayed in
Z,e-mi t, m shall have multiple dwelling
orary permit" clearly
and the durationstamped
B. Any Person whose application
°f said
ooeshall beegrr multiple dvellinglhasfbeen to operate
or a Permit
als Board hearing on denied, may re a
under the procedure the matter before the quest
C. Before usin provided by Section 9.30u5.ng
_ emporar• , the IIo
Je byPth" Owerinit ner the Provisions ofspector athisssUe any or
Paid
alelling or dwellin Or operato Section permit
�y Resolution of gs' a fee, the of the rooming house there shall
-or a Temporary Permit Of Council ofoio�aOf hich shall bmuStiple
et
aeParate Porar
a le fee shall be req all befoYleasame as for aoPermit1iandCe
mPorary Permit has required
ex expired or the pular Permit a
D. Whenever, unit has come issued after
elIi upon ins into
ng. the Ilousinc Pection of. cOmPliance.
exist which arc J inspector an roomin
=he Hou in Violation of finds that g house or multiple
g Inspector any Provisionsditions or practices
tonditionsoming house or mult1Ve notice in writin this'Chapter,
=o be dote or practices are correcteelling that unless Operator
mill be deter by the Ho d within
suspended. 11t the Inspector, a such
o;
=hall reinspect the operator' P`'iod�
�e finds that such roomin °f such period, the s
,e shall such conditionshorSC °r molt' Housing Ins
give notice Practices1paVedwelling and if
pector
�uchlo has been suspende `rating, to the o not•been corrected,
Aerator shat d• Upon recti Aerator that
=Ouse or multi 1 1'ediatel pt of notice of Buse latter''
r livin Ple dwellin nocease operation of s Pension,
-nstanceg Purposes g and Person shall such rooming
s wl'ere violations
of unit therein occupy for 'lee
Of several dwellin Ions of this Provided Ping
=n the 4 units ChaPter are that in
judgment of the °Y rooming units confined to one (1�
azard to health housing Ins within a dwellin
-lm the applicatip safety elsewhere tor, do not constituteg and,
==1e areas in which °f the re Housin a
the violatioq'1rement to g Inspector may
exist_ vacate premises to
-20-
multiple
E An Y persohn whose permit to operate a rooming house or
dwelling as been suspended, or who has received
from the Housing Inspector that his permit is to
unless existin notice
or multi g conditions or practices at his obesuspended
,paehearining a:re corrected, may request and rooming house
granted shall be
under the g on the matter before the Housin
Provided thaocedure provided by section 9.30.5 g Appeals Board
pro if no of this
ten ) petition for such hearing Chapter
such (10 days following the day on which such is filed within
Permit shall be deemed to have been permit was suspended,
automatically revoked.
F. In dwellings in which rooming units are let at
flush water. closet, lavatory basin, and bathtub
Properly connected to a water and least one (1j
sewer system approved
shower,
Housing Inspector and in good workin shall b b
for each eight (g) g condition shall b the
members of the e persons or fraction thereof, Y supplied
rooms are let Operator's family wherever a including
for not more than onlyto
hales, flush urinals rooming house where
closets. All such facilities/sh the requiredynbe substituted
as to all be so located bWithinr of �atherdwelling
be reasonably accessible from a common hall or
to all persons sharing such facilities. Y
passage wa
G. in dwellings in which rooming units are let, the operator
leasesupplying bed linen and towels therein, shall provide same at
once lheeek and operatorrsor tobtile
letting of a room to any
occu ant. '�
of all sup plied bedding responsible for the maintenance
operator shall furnishandmaintain ean and
such acurtainsnitary ,ndra-e The
similar equipment as necessary to assure
Of the rooming units. e O or
Privacy to the occupants
HE`7Cry rooming unit shall contain at least four hundred
(400) cubic feet of air space for each occupant thereof.
I- The operator of every rooming house shall be
for the sanitary maintenance of all walls
and for maintenance in responsible
a sanitary conditionfof floors and ceilings,
rt
of the rooming house and he shall further be every other
sanitary maintenance of the entire responsible for
structure or buildingpremises where the entire
is leased or occupied by the operator.
J. A "Class A" type fire extinguisher or one that is approved
by the ]Sousing Inspector shall be provided on each
hunylPoethatdwelling
theto
gnd rooming house. floor of every
Extinguishers shall be
and easily t the ibleis not over five (5) feet from the floor
person must travel more than seventy-fOccupantsive
and spaced so that no
Point to reach the nearest cher* (t feet from any
recharged or periodically extinguisher. Extinguishers y the ma shrall be
and a dated to Y examined as directed b
g showing such maintenance shall be attached tocturer
each extinguisher at all times.
_21-
0
0
K. Every provision of this Chapter which applies to rooming
`:ousel shall also apply to hotels, dormitories, fraternities
and sororities, except to the extent that any such provision
-.ay be found in conflict with the laws of this state or with
=^e lawful regulations of any state board or agency.
L. In every rooming house in which space is to let to more
_`---an four persons and in every multiple dwelling in which more
_an one dwelling unit is served by a common central heating
--..stem or water heating system, the heating unit or units shall
suitably enclosed or otherwise protected in the interest
fire control by enclosure with one hour fire resistive construction,
_ncluding all walls, ceilings, and doors or a sprinkler syste)
approved by the Housing Inspector.
*M No wooden multiple dwelling shall hereafter be erected
a<ceeding two stories in height and no wooden building not
now used as a multiple dwelling shall hereafter be altered into
a multiple dwelling exceeding two stories in height. Nor shall
any attic be altered so as to be made into a habitable living
zit unless said alteration complies fully with the Minimum
sousing Standards.
*9.30.12 SINGLE FAMILY -OWNER OCCUPIED, OR RENTAL and
DUPLEXES
A. No person shall occupy a single family dwelling or duplex,
or let to another for occupancy any single family dwelling or
d-.:plex, except in compliance with the provisions of every section
of this Chapter except the provisions of subsections. 9.30:11
and 9.30.5-R.
B. Upon inspection of any single family dwelling or duplex.
prior to sale as provided in 9.30.4 there shall be paid by the
moaner of said property a fee for inspection. The amount of which
stall be set by resolution of the City Council of Iowa City, Iowa.
9.30.13 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE
1F COMDEMNATION. No person shall occupy as owner -occupant, or
1=_t to another for occupancy any dwelling or dwelling unit, for
=he purpose of living, sleeping, cooking, or eating therein,
:rich does not comply with the following requirements.
A. Any dwelling or dwelling unit which shall be found to
:ave anv of the following defects shall be condemned as unfit
-or human habitation and shall be so designated and placarded
bf the housing Inspector.
1. One which is so damaged, decayed, dilapidated,
insanitary, unsafe, or vermin infested, that it creates a
s=rious hazard to the health or safety of the occupants or of
^e public.
2. One which lacks illumination, ventilation, or
sanitation facilities adequate to protect the health or safety
of the occupants or of the public.
d*AC
0 •
location3- One which, because of its general condition or
, is unsanitary or otherwise dangerous to the
or safety of the occupants or of the public. health
*B. The Housing Inspector shall leave a reasonable
time but not more than six months between the time he
the property and the time Period of .
remedial action he begins condemnation Placards
the dwellac is not taken to correct the situattionefornwhich
J was placarded.
C- Any dwelling or dwelling unit or an
condemned as unfit for human habitation
Placarded by y Portion thereof,
} the Housing and so designated and
or as ordered by the HousingPector, shall be vacated immediately
Housing Inspector.
D• em ed andng or dwelling unit or portion thereof which has
Port -
been condemned
shall again be used for
as unfit for human habitation,
secured from for human habitation until written a
Inspector. and such placard is removed by, the Housing
is
The Housing Inspector shall remove such
whenever the defect or defects upon which the condemnation and
whenever Placard
g action were based have been eliminated.
E. No person shall deface Or remove the
dwelling or dwelling unit which has been
for human Placard from any
in subsection9.30.13.D.
and placarded condemned as unfit
9.30.13.D. as such, except as provided
F• Any person affected b}' any notice or order
condemning and placarding of a dwellin
for human habitation may relating to the
hearing y Yequest, and shalldbelgran unit as unfit
q on the matter before the Hous* granted, a
Procedure set forth in Section 9.30.5 g Appeals Board under the
Of this Chapter.
9.30.14 ORDER TO ALLOW INSPECT2ON.
A- The housing Inspector is hereby authorized to conduct
reasonable consentual inspections of any building
City, Iowa, On a reasonable and regular. inspectional basis or
upon complaint within Iowa
the health and safety order to Perform the duty of safe q
to inspect a of the Occupants or the guarding
the lawful right to
b Public. If consent
to a Magistrate of the , the Housing person or persons having
Count Iowa District q Inspector shall apply
y for an Order to Allow Court in and for Johnson
application shall Inspection of the buildin
include the following: J Such
1- The name of the applicant.
2. The applicant's occupation and duties.
3. That the applicant contacted the person
Of a building in regard to requesting permission in control
to inspect such
Premises at a certain time.
-23-
4• That the person so contacted refused to
to inspect said premises.
grant permission
5. That the applicant has reasonable cause to
that there may be substandard conditions as defined b
code or that the inspection believe
routine inspection of the is to be conducted n the housing
premises, pursuant to a
6. The date t -he strucl-ure had last been inspected
by a Housing Inspector.
7.
The
nature of
the structure.
8.
The
surrounding
area of the structure
health and safety the inspection is necessar
y of the occupants and the e to assure the
general public.
B. Issuance of order.
If the magistrate is satisfied from his/hex examination of
the applicant, and the existence of the grounds for tt�e ap
or that there is reasonable cause to for that there is
violation of the housing151icatio,
allow inspection to code' to
shall issue an a
t -he Housing Inspector. order to
C- Form of Order.
The warrant may be in substantially the following form:
ORDER TO ALLOW INSPECTION
Now on this day of
the Court having considered the fore oin 119
order of this Court that g g Application,
pp � 11s the
be present and allow inspection by the Housin
building located at g Inspector of the
in Iowa City, Iowa, on the
19 , commencing at day of
not less than 72 hours fromcthek —M'' whic '
said date and date and time is
Present evidence torthistCourtap ear Prior to
tion should not be held.
y such inspec-
Iowa Magistrate In and For Johnson County,
D. Procedure.
Any Housing Inspector
shall proceed as follows: receiving an Order to Allow Inspection
1. At least 72 hours before inspection the Housing Inspector
shall deriver a copy of the Order to Allow Inspection to.any
-24-
0
0
if
uildin
no possessorsresideshinbthe dbuiresidinging
ldingthe HousingbInspectorrshall
post a copy of the Order at the main door of the building and
mail a copy of the Order to the last known possessor at his/her
last }mown mailing address.
2. The housing Inspector shall enter and conduct indicated
n inspection
of the described building on the date and at the time
in the Order if such can be done without force or violence.
3. P7ithin 48 Hours of the completion of the inspection,
the Housing Inspector shall return the order to Allow Inspection
to the Court and shall indicate any violations detected during
the inspection.
q. If entry cannot be had without force to the or the risk of
violence the Housing Inspector shall rep
ortAttorney who shall makeity
tion to the Court and request
that the possessor be found in contempt of Court and that
forced entry be ordered to allow an inspection.
-25-
DATE: btarcll 24, 1976
TO: `-"'b Powlin, Asst. City Attorney
FROM: _-'gela Ryan, 71w Clerk .
RE: The Constitutionality of it Three Year Amortization Period in a
`•funicipal Sign Ordinance
The United Status Supreme Court outlined the general limitations
on a city's exercise of the police power through a zoning ordinance
in Fuel id v. ian_bler Peal_ty Co;naany, 272 U.S. 365, 395 (1962):
"It. must be said ilefore the ordinance can be declared unconstitu-
tional, that such provisions are clearly arbitrary and unreasonable
raving no substantial relation to the public health, safety, morals,
or general welfare." If a city's exercise of the police power
itrovgh a sign ordinance cx.ceuds this, limitation it will be deemed
::n unconstitutional taking of. private property in violation of the
due process clause of the Fourteenth Amendment' to the United States
to determine where a regula-
Constitution. There is no set formula
tion ends and taking begins. Goldblatt_v. Fiemostead, 369 U.S. 590,
594 (1962). It is determined by a :standard of reasonableness: The
court balances the iinport.,nce of t_hc public gains against the extent
of private lens. in addi-::ion, a sign ordinance must be reasonably
definite in the term`: used; it must not dcleyate legislative lower
to admi-nistrative officials; and it must set specific standards to
guide their actions. 'rhe classifications must have some rational
basis, and the restrictions must be un!formcd t:hroughont each
district. ;.unicjpal Corporations: Sign Control
739rough Municipal
Ordinances, 2"7 Okla. L.R. 735 (1974), p.
i
sign Ordinances ba:;_d_on-Aesthetics
Farl}' ing bi I111 -ams were upheld as valid
e>:erci:.^.s of the ir,lice f•o'^"'r becrn:se billboards were likely to be
blown ,oer, were cl,17rring grounds for wast.o, concealed criminals,
,.-.redohr.tructed light_ and air. Tor.,ty the same facts are not present
to justify sign regulation t:_sed on common law nuisance. Cons ecru ently,
it is lc•com i.;�g mo:c appy :-est that aciah,tics is the basis for sign
control ordic.-,ices.
only a fow juri::di ct ions rucognize aesthetics alone as a valid
basis for c---rcising state police power. Florida, Flawaii, Kentucky}
Flew York and Oregon fallwithin this category. Courts tend to uphold
aesthetic ro•,lulaiiun more readily where the ordinance is designed to
preserve an area of natural beauty or one of historic or architectural
significance. FPoharinan v. City or San Diego, 106 Cal. Rptr. 333
(1.973). Others mix Besthetics with general welfare in the ecov:mie
sense - for example, prot.ecti.on of property values. Leighty,
',esthetics as a Lcga1 F:zsis for F.nviron:nental Control, 17 Wayne
L.R.
1347 (1971). Fiowover, nmst court_- consider aesthotics as only a
factor to h;, cot::ci,i„red. if the aesthetic objectives are secondary,
-"any court:: have_ y. nduail y adopted the view that regula-
tions which tended to perforin some of the traditional health or safety
functions of the police rxwer would not be invalidated merely because
it also :served an aesthetic purpose- P:aeeel.e Outdoor Advc_tisinq v.
Vi.l lags nf_N,i n_netonY.a_, 162 N-w.2d 206 (19(,8); Stoner 1.cCray v. City of
Des ttoin,s, 78 N.W.2d 843 (19`.;6). -------
The .ipproach of t:he New fork Court of Appeals in Cromwell v- Ferrier,
225 N.E-'ld 749 (1967).has been cited with approval. Tn upholding t -he
sign or?finance lased Primarily on aesthetic considerations, the court
stated that the exercise of the police power should not extend to every
artistic confox-mity ornonconformity. Aesthetic considerations must
be subsir,nti.aLly related to the economic, social and cultural patterns
of a cern, :unity. 'rhe eye is entitled 1:0 as 1111)(71) recognition as the other
sen ;rs but the often::e must: be substantial and have a material effect
on the c,:ianun i. t.y. Td. p. 735
The court al!;o slated that circumstances, surroundine conditions, and
social attitudes do not alter the constitution, but they do alter a view
of what is reasonable. Restrictions upon the use of property, which
were deemed unreason:+bie in 1.909 ere regarded today as entirely reasonable
and natural. M. p_. 756 .
Rc_9111ating the ON -Premises Sign.
An ofr-I,re;ni!;es sign advertises nc,cxds or services not offered for
sale on the :;,ime prcmisr-s as the sign. The most colmnon oxamplc is the
bit lboard. The most: ce::enon e:;.,mnle of the on -premises sign is the -
business identification sign. The distinction between these two types
of signs has long been recogni:.ed and their separate Classification
and regulation in a comprehensive sign ordinance is justified. United
Advortisinq Corl,nration v. Borouugii o_Raritan, 93 A.2d 362, 370 (1957).
Ordinance: which merely'reaulat.e off -premises signs or which prohibit
them from some but not all districts of a city generally have been held
valid - in Schloss_v_. Jamieson, 136 S.E.2d 691 (1964), the court upheld
an c,rdinance which prohibited billboards but permitted on -premises signs
in :.ire d�,wntown district. pff prumi::.es signs may be excluded from
resident i.rl di::i rids 1,•;i1)::.� L" tlxeir effect on the welfare of resic?ent:s
and th(2ir d. ll-c-intion of l:,,op,,ty C:rant v 1; ver and City Council
-- -
of Atl int-.ic 2d i63, 311 (7.957); t i cele 01 door Adv-) tiling
ny V. V; 11 nce o,_ , i 1,111•• onl:a su_•ra. _ _—__
Tf an ordir:ance I:-ohibits all of,-prc;mises .igr.s within a municipality
Or ':ubsir:ntial .;.::e, it is lii;oly to be ,`ound unrcason::bl.e and invalid.
_No_rate_Coro_ Tnc. V. 7.oni.ng Bciard Of f Adjustment, 207 Atlantic 2d 890
(1965). iiow:v,!r, a city-wide I -an on off-premi.scs signs has been allotted
in communities which ire s:rnall. and predominately residential. Cromwell
V._i'errier, :alpr n. The regulal ion of size, height, spacing, and set Flet:
of off-hrc mi ries f�igns .is wit -hill the 1-D1ice power of a city. Sun Oil CO,
teeny v, -.,Cit)' n.
h:rrdison iie.ighte;, 1.99 N.W. 2d 525 (1972)
..y
tions which tended to perforin some of the traditional health or safety
functions of the police rxwer would not be invalidated merely because
it also :served an aesthetic purpose- P:aeeel.e Outdoor Advc_tisinq v.
Vi.l lags nf_N,i n_netonY.a_, 162 N-w.2d 206 (19(,8); Stoner 1.cCray v. City of
Des ttoin,s, 78 N.W.2d 843 (19`.;6). -------
The .ipproach of t:he New fork Court of Appeals in Cromwell v- Ferrier,
225 N.E-'ld 749 (1967).has been cited with approval. Tn upholding t -he
sign or?finance lased Primarily on aesthetic considerations, the court
stated that the exercise of the police power should not extend to every
artistic confox-mity ornonconformity. Aesthetic considerations must
be subsir,nti.aLly related to the economic, social and cultural patterns
of a cern, :unity. 'rhe eye is entitled 1:0 as 1111)(71) recognition as the other
sen ;rs but the often::e must: be substantial and have a material effect
on the c,:ianun i. t.y. Td. p. 735
The court al!;o slated that circumstances, surroundine conditions, and
social attitudes do not alter the constitution, but they do alter a view
of what is reasonable. Restrictions upon the use of property, which
were deemed unreason:+bie in 1.909 ere regarded today as entirely reasonable
and natural. M. p_. 756 .
Rc_9111ating the ON -Premises Sign.
An ofr-I,re;ni!;es sign advertises nc,cxds or services not offered for
sale on the :;,ime prcmisr-s as the sign. The most colmnon oxamplc is the
bit lboard. The most: ce::enon e:;.,mnle of the on -premises sign is the -
business identification sign. The distinction between these two types
of signs has long been recogni:.ed and their separate Classification
and regulation in a comprehensive sign ordinance is justified. United
Advortisinq Corl,nration v. Borouugii o_Raritan, 93 A.2d 362, 370 (1957).
Ordinance: which merely'reaulat.e off -premises signs or which prohibit
them from some but not all districts of a city generally have been held
valid - in Schloss_v_. Jamieson, 136 S.E.2d 691 (1964), the court upheld
an c,rdinance which prohibited billboards but permitted on -premises signs
in :.ire d�,wntown district. pff prumi::.es signs may be excluded from
resident i.rl di::i rids 1,•;i1)::.� L" tlxeir effect on the welfare of resic?ent:s
and th(2ir d. ll-c-intion of l:,,op,,ty C:rant v 1; ver and City Council
-- -
of Atl int-.ic 2d i63, 311 (7.957); t i cele 01 door Adv-) tiling
ny V. V; 11 nce o,_ , i 1,111•• onl:a su_•ra. _ _—__
Tf an ordir:ance I:-ohibits all of,-prc;mises .igr.s within a municipality
Or ':ubsir:ntial .;.::e, it is lii;oly to be ,`ound unrcason::bl.e and invalid.
_No_rate_Coro_ Tnc. V. 7.oni.ng Bciard Of f Adjustment, 207 Atlantic 2d 890
(1965). iiow:v,!r, a city-wide I -an on off-premi.scs signs has been allotted
in communities which ire s:rnall. and predominately residential. Cromwell
V._i'errier, :alpr n. The regulal ion of size, height, spacing, and set Flet:
of off-hrc mi ries f�igns .is wit -hill the 1-D1ice power of a city. Sun Oil CO,
teeny v, -.,Cit)' n.
h:rrdison iie.ighte;, 1.99 N.W. 2d 525 (1972)
orney ']-
:.arch
Bob Roel in, T?: -'-t. City - Att'.,•
Nonconfonni.ng Signs
es
Sr9rile a sign ordinance may b(' effective
sten tin controlling
beenethepelimin-
of signs erected in the future, �-. P= the enactment of the
ation of c•zisting signs rnacle non is naming by
ordinance. A nonconforming use is one that exist -ed bad and was ]awful
when the rest-ricLion h(,came effecSa ervi.sorsrv, illeont_170eN_W 2d
exist since that time. L_ca_r_d_ofp
l rule is that "a zoning or
358, 361 (1969)_ The generadinance is
invalid and unreasonable where it attempts to exclude and prohibit
existing incl established uses or businesses that are n9nonconforming
not nuisances".
NC11illan, 'tun. Corp. 1965 Rev. Vol" see. 25.1.81, P -
•;here are various ways a municipality can eliminate
It Cac>:ercise i' -s yDwer- of eminent- domain to condemn the signs.
uses, n
ensation to the sign own
Since this would require payment of: compto
has been viewed as financially impossible. A municipality can p
or limit renairs, but it will take too long to phase the signs out. It
er
can prohibit rc`=�rmpsince a nonconforming userming shastan artif-icialfmonolroly,
don:�,ent, iiowever,
it is unli}:ely that it will be abandoned. constitute inuntute,arcommon exercise
law
its police power to eliminatC `;ig
nuisance. This would apply to very few signs -
Finally, it 11:es b(len rca ?c`r'ablY determined that the only effective
of
method o` el imi nati.ny nonconfo:mi.ng uses is to rrv_uire rwhichlthe o'.raer------"
the of F0113 structure after a specified period during
inv•,stnent. Ci of l.os Angeles v. Gage,
is allowed to amorti;;e his --
=--
274 P.2d 31, 41 (1954)-
The fun:la;:�.ental constitutional insve is whether requiring signs to
cor.•pl}' with an ordinance within a specified period constitutes a taking
co property tin ordiliout just compensation within the meaning of �hrcI-ivcnth
ec
:•r�••n:iment. The resolution of
this issue often reflects the pe p vali-
from which L)re arrort.ization
provision is viewed. Judges who have in
da'ete
d .::n,rtizat.ion 1.rovisions view it from an eminent darain persp('ctive.
ts
Ti,,,y ho3:3 L1:aC:;•r rnowi:Tr',u tonci.-'(•i rvtion and' tLat•' plop( tyJriohtsav "at
proDrr`y is L�- - r , rt has ceurmenccd. Conscquentl.y,
al.=elutrly (,rice the use o, lu^_ 1�tcpc y
a use i..wfu7. at the Lime a zoning uT fli once is enacted is immune from
at: _xerci.se of the _`olive 1•:;
-wer.. 7.ny t�:'r.iciy or ,-.mor tization of vested
} rinht_s except in cal.es of nui.:;ance requires an exercise of
prop`e1t}. ( hent of just compensation. ain er,
fire pew^r of eminent ciema in r,nd pz =' 389 S,1q.2d 745 (1965) . —_--
s•.rora (dissent); lioffm,inn v. Ki.nealy,
•v:e are in (ianyer of forgetting that a strong public desire re improve
;'IC p;'hlic condition is riot •- enough to warrant Paying rorr'the change." by a
_.1,orter cut I -in fire constitutional way of p -y.. 9
,.,r, Jcstice Holmes in Penn_ylvania Coal Company v. 1•;ahon, 260 U.S. 393,
43 S.Ct.. 158 (1922). ---
r •
•
March 24,
Pror-3nents view .amortizat.ion from the police power perspective.
Zoning .is an rxercise of Police power delegated by the state to
Muni ci-pa IitiPs. In the enactment of such ordinances a municipality
exercises vested legislative I-,owers attended by a strong presumption
of validity. The burden to 1.,rove that the ordinance is unreasonable,
arbitrary, capricious or discriminatory is upon the one asserting the
invalidity. The court will not substitute its judgment for that of
the municipality if it is acting reasonably within the scope of its
authori::-,d 1o1 ice power_ Board of Supervisors v. Miller, supra, p. 360.
Property rights do not v c:t absolutely. Rather, it is recogni::ed
that all coning .impairs existing property rights to same extent by
restricting prosr,ective uses of property already owned. Villaae of
Euclid _v. Ambler P.e_a_l_ty, supra (upholding a zoning restriction that
rc,iuced tine value of a vacant lot from $10,000 to $2,500 per acre).
Al::o, uses of property are r.e?tricted by provisions in zoning ordinances
which prohibit altering, expanding or repairing a nc,neon forming use.
Therefore, the distinction between an ordinance restricting future uses
and one reoui.rir,-: the termination of present uses w"thin a reasonable
period
of time seen as merely one of degree. Thc.. police power
analysis used i.r. Vi]lage of Euclid to validate prosi:ective zoning is
used to -.alidate reLcrospective zoning, The Supreme Court in Pennsyl-
vani_a_Coal cla racteri.zed the difference between a valid exercise of
police 1,nuer and an invalid 1.:Aing without just compensation as one
of degree. i'crcnsvlv,rnia C_oa1, supra, p. 413 - 416. To determine if a
re,incn
latinn o1•titutes a ta>;iug, courts balance the private loss against
the public 1>ene"it. In balancing ccnrrts seem to consider independently
the magnitude of the private loss. "Vhen it (the extent of the diminu-
tion in property values) reaches a certain magnitude, in most if not
all cases there must be an exercise of erninent domain and compensation to
sura-ain the act." Pennsylvania Coal, supra, p:. w413; Courts will not
sustain c,rdir,ances which require noncomfoz;rri.ng uses to terminate inTe-
diately, even though the public gain outweighs the private loss.
Stoner !;,,Cray Sys -.Lem v. City of Des Moines, supra. However, National
7uivort:is`ng Cr,:;,pany v_County of Monterrey, 464 Pa.2d 33,E 83 Cal. Rn`r.
577 (1910), imlolied that r.iyn:: which are depreciated fully for federal
at the ti;oe the c,rdir.ar,ce .is enacted can be required to
Uearalhy they require a reasonable amortization
period "n mi.ticrrt.e :he r,ri.vatr loss. This approach may be unsatis-
factory if a ]-rue invest -hent would require too long an cunorti,-.ation
pericv3. clan -es in municipal sign ordinances, hcwever, are
not. in-:nlidatc-d by focus:i.ng on the ;n:,gnitucie of t -he private loss standing
by itself because i.nve:a;nent.s in signs rarely exceed $1.0,000, signs
are ricnmilly rc;:,ovable, and arort.iz,ttion periods in sign cc,3es rarely
exceed "c•n veers. Amortizatic,nc a Constitutional Means to Eliminate
t:oi,confo:ming t,rnicipal Signs, 54 Oregon L.R. 224, p. 230 (1975) .
in 1,,ceriaining the extent of public benefit, the court will deter-
mine ,.he Sign's aesticetic cpral.ity and compatibility with its surroundings,
its effect on 1 raff.ic :'.afctY
property values, the local tourist industry,
tho g_;,e•al ecrr.omy, and the :significance of uniformity. Central Adver-
------- ----
ti:.inq rtyrr,.:env v_ City of Arin A_r_:,or, 201 11.1-7.2d 365, 369 (1972); t:neg_ele_
Gu:.i. ,,,r :Av• r t i,in,I '• •�:a ,:ray v. 'Jill-.vc of ISinm•I,u,}:n, r:rr nra, p. 2.12.
Bob Dowlin, A.:t
•
City Attorney
-5-
March 24, 1976
4'
In deter.ming private loss, the court will consider the amount
of the owner's original investment; the sign's present market value;
the sign's salvage value if thr: ordinance precludes any further use
of Lhe sign; the expense .i.nvolv,d and the loss of revenue that can
be .rLLributed to moving the rign or modifying it to conform to the
ordinance; and any increosed income received by virtue of the arti.fi-
cal mDncgD1y crr,!ted for the sign during the amortization period.
Art _ikon Com,,Itiy v. City and County of Denver, (10th Cir.) 488 F.2d
118 (1973) Cily of I.os_Angel c: v. Glue, supra.
In Grant v. Mavor and City Council supra, the court held valid a
five year amortisation period for billboards in reside, -,tial districts.
The factors con•;iilered by the court in the balancing t -est were the
depieciat.i.on of property value: caused by the nonconforming signs,
the ex Lent of increa:;rd comfort and welfare of the residents to be
gained by removal, the length of the depreciation period for tax
purposes used by Lhe sign comp+ny, the length of the sign company's
lcat;es, Lire percent -ace of bi..11�oards owned by the company that would
be reouin.d to be. remov,•d, and the ability to move the billboards to
oLhor locations. The court alio evaluated the loss to property owners
wino had based land to the sign company, considering the loss of rental
involved and the availability of the land for other Lases.
The ::ample fixed a:nort.i:Iat ion sclrr•dul.e is likely Lo lie most
suc, es_;fnl. Tn Art ih•on Comp„ny v. Ci t and County of Denver, supra,
the provi-;ion for differing periods of amortization for signs having ---- different replacement costs measured at Lhe nate they Lecame nonconform-
ing was invalid as having no L,aring on the landowner's problen, nor
the cign owner's s.itu,rtion nor on t:he City's position. The court held
valid the straight five year a;onrtiz.,t ion linit for all signs after the
varying -:lie l imits w�-re rt.mov:•d. It also upheld an amortization provi-
sion with regard Lo fla,;lring, !,linking, fluctuating, animated or lrorta-
ble signs which renuired the L,rminat.ion of these aspects, of the sign
within thirty days.
,:,mor t .at ion clan,;ns permit sign o.ners to retain t.he.i.r signs for
specified perio^a. _rol.onents of amortization allege that the property
own -r recovers his i.nvest.mmrt during this period. Critics contend
that amort i. at -.ion perirads do not result in conpensa"ion because Lhey
only con!inue for a time righte. that sign owners already had and would
have ret„ined irr,iefinitel.y in the abr•ence of the ordinance. The
recovery .rllnw,•d under Federal tax l;:w may be less than potential profit
from the sign if the .:;uorti>ration period is shorter bran the useful
life of the sign.
7snort;za t:inn in Iowa.
sat ion
has morn
cent; i flared t•wi ee by
the
Towa Supreme Court.
In McCray
Syst,an v._
City,of D,•s Moines,
78
N.W.2d 843 (.1956),
tht- -r.... t held:.;
unr, .c.onahl
e a two vear amort
i>:at
ion p.n-iod for hi 11-
l -
;L
;L ru,t_,•d
a t -rend
toward zoning for aesthetic
purroses and
Bob Sowlin, st, City Attorney -6- �,- 1-larch 24, 1976
stated that it could be an auxiliary consideration where the zoning
regulation has a real or reasonable relation to the safety, health,
morals or general welfare of the connnuni.ty. However, it is necessity
alone which justifies the exercise of tete f>olice power to take private
property wit trout compensation_ Td. P. 0,18.
1:o:at significantly the court cited City of I.os Angeles V. Gage,
supra, which upheld the discontinuance of a nonconforming use, a plumb-
ing business in a residential district, within a five year period: "We
do not wish to infer herein that under certain circumstances a munici-
pality could not provide for the termination of nonconforming uses,
especially if the period of amortization of the investment was just and
reasonrnble, and the present use was a source of danger to the public
health, morals, safety or general welfare of those who have come to be
occupants of the surrounding territory."
However, its holding was based upon traditional uninent domain analy-
sis. Since the signs were not a nuisance per so and plaintiff had a
vested interest or property right, they could not be interfered with or
token without just compensation. In so far as the ordinance attempted
to pzohi.bit or deny the use or maintenance of existing legally estab-
lished structures, it was held invalid. - -
The clecinion in Hoard of Supervisors V. Mi_l_ler_, supra, r.uggcsts a
trend .!way from the unanimous Stoner opinion. .Since the court in miller
.:as ecaally divided, the lover court decision allowing amortization was
upheld, but it cannot be relied u;>on as precedent. Iowa Code 684.10
provides: "Y)itcn the court is equally divided in opinion, the judgment
of the court: below :;hall :.land affirmed, but the decision is of no
further force or outhorit:y, but in such cases opinions may be filed."
The majority relied heavily upon Gage to uphold by operation of law
a five year amortization perir.A for in automobile wrecking establishment.
In balancing public good against private loss, it described junked
automobiles as a health and safety hazard. It hold that defendant had
made no showing relative to his b•.csiness investment, the value of any
improvement!. on the land, the ^extent of hardship if ,any in complying
with the dirputed ordin,tice. The amount of defendant's investment
though not ,ecr^sari.ly cii-fermi:.ative is one clement to be considered
acain:..t public hralt-h, rafety, morals or welfare. 7d. p. 364. The
dissent rc:)-ated tare rc.�:!,c•niug of Stoner McCraY. Vested rights in
property were being takr-n from tli^ owner without compensation. No
effort had had been m.-,de to enjoin the business as a common law nuisance.
;amortization was v.icwed an unconstitutional taking which was vali-
dated by lr a.lnning the tni;iny and by not taking too much. Id. p. 367.
1.7ith thu growing t.ri,ud toward accept:a rice_ of amortization throughout
thee cc•untry and its acc.i.t ::nee_ by four Justices in Miller., it is possible
that a municipal sign orrlir.ance with a reasonable amortization period
might be upheld in lova.
® ORDINANCE NO. 76-2795 •
AN ORDINANCE AMENDINGl.ONINC ORDINANCE 2238 BY CRANCLNG THE IISI: Rh:CUUI'I'IliN;;
OF CERTAIN PROPERTY FROM %�I 70 �►�
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lCWA:
Section 1. The property described below is hereby reclassified from
its present classification of R1A
of R1B and the boundaries
of the Cityof Iowa Cit as indicated upon the Zoning Map
City, Iowa, shall be enlarged to include the follow-
ing Prenerty to -wit:
Commencing as a point of reference at the Northeast corner of the Northwest
quarter of Section 23, Township 79 North, Range 6 hest of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa;
thence South 10 39' 10" East 375.40 feet to a point of intersection
with centerline Station 222+12.6 of U.S. highway fib Bypass;
thence South 00 O1' 03" East 150.00 feet to a point;
thence North 890 27' 44" East 50.00 feet to a point of intersection with
the Easterly right-of-way line of Sycamore Street, said point being
150.00 feet normally distant from the centerline'of said U.S. Highway N6
Bypass;
thence South 00 Ol' 03" East 403.07 feet along the Easterly right-of-way
line of said Sycamore Street to a point;
thence South 890 58' 57" West 15.00 feet along said Easterly right-of-
way line of Sycamore Street to a point;
thence South 00 Ol' 03" East 246.93 feet along said Easterly right-of-
way line of Sycamore street to a point;
thence North 890 58' 57" East 200.00 feet to a point;
thence South 00 Ol' 03" East 200.00 feet to point of beginning of
herein described; tract
thence South 890 58' 57" West 200.00 feet to a point of intersection
with said Easterly right-of-way line of Sycamore Street;
thence South 00 Ol' 03" East 395.14 feet along said Easterly right-
of-way line of Sycamore Street to a point of intersection with the Northerly
line of Mount Prospect Addition Part 2;
thence North 880 57' 05" East 26.08 feet along said Northerly line
of Mount Prospect Addition Part 2 to a point;
thence Northeasterly 65.80 feet along a 580 foot radius curve concaye
northerly, said line being the Northerly line of said Mount Prospect
Addition Part 2 to a point;
thence North 820 27' 05" East 305,41 feet along the Northerly line of
said Mount Prospect Addition Part 2 to a point;
thence Northeasterly 162.07 feet along a 1,420 foot radius curve concave
Southeasterly, said line being the Northerly line of said Mount Prospect
Addition Par_ 2 to a point;
thence North 880 59' 27" East 722.93 feet along said Northerly line
Of Mount Prospect Addition Part 2 to a point of intersection with
the Westerly line of Fair Meadows Addition;
thence North 00 Ol' 08" East 982.43 feet along said Westerly line
of Fair Meadows Addition to a point of intersection with the Southerly
right-of-way line of said U.S. Highway k6 Bypass;
thence Northwesterly 40.00 feet along a 2,715 foot radius curve concave
Southwesterly, said line being the Southerly right-of-way line of said
U.S. Highway N6 Bypass to a point;
Ordinance No. 76_2
Page 2 -- _�
thence South 24° -' `-'
28' 04" Nest 150.00 feet to a
- Point; .. .. -------
thence North $20 $1' 00" Nest $0.00 feet to a point;
thence South 11'� 51' 23" Nest 128.00 feet to a point;
thence South 88° 59' 27" Nest 125.00 feet to a point;
thence South 00 Ol' 08" Nest 480.00 feet toa point;
thence South 880 59' 27" Nest 263.00 feet to a
hence South 870 Point;
7 55' 20"Nest 268.00 feet to a point;
thence South 840 25' 10" Nest 135.00 feet to a point;
thence North 590 58' 00" Nest 135.00 feet to point of beginning;
and containing 12.9 acres more or less.
- (Mt. Prospect III, requested -by Frantz Construction Co.)
Section 2. The building inspector Tsehereby authorized and directed
to change the Zoning Map of the City of Iowa City, Iowa
this amendment upon the final passage, a
Ordinance as . to conform to
provided by law. approval and publication of this
Section 3. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance to the County Recorder of Johnson
County, Iowa, upon final passage, as
by law. approval and Publication
-provided
It was moved by Foster and secoed
the Ordinance be adopted a— nd upon roll callnthereythat
w �era
r
Balmer AYES: NAYS: ABSENT:
deProsse --a-_
Foster x
-._..-
Ne -1, x
auser —
Perret x
Selzer x -
Vevera x
x
Passed and approved this 11th'
day of
May :' 1976' -
MAYOR ,
ATTEST: CITY CLEF
First Consideration 5/4/76
Vote for Passage.
Aye: Perret, Selzer, Vevera, Balmer,
Neuhauser deProsse, Foster,
Nay: none
Absent: none
9ectrrn=Eo���on
Vo-te-for-jaassage: b— Itwas that mo e moved' by
Foster and seconded
Ordi-
nance to be considered requiring the a
passage at two Council and votes on for
meeting at which it to be finally to the
be suspended is second
be finally passed
vote be and the second consideration and
waived, and that the ordinance be voted
Roll call:upon for final passage'at this time.
deProsse. Aye'' foster, Neuhauser
Nays: Perret. Motion adopted,
6 Vevera, Balmer,
P 6/1.
Date of publication: