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STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Abbie Stolfus, City Clerk of the City of Iowa City,
Iowa, do hereby certify that the Ordinance attached hereto
is a true and correct copy of the Ordinance No. 73-2685
which was passed by the City Council of Iowa City, Iowa at
a regular meeting held on the 25th day of Sept. r 1973
all as the same appears of recorTin my office and publisTed
in the Press Citizen on the 4th day of October , 19 73
Dated at Iowa City, Iowa, this 6th day of November , 1973
� iz�- j& C z �
Abbie Stolfus, Fity Clerk
I
CERTIFICATE OF PUBLICATION
STATE OF IOWA, Johnson County, ss:
THE IOWA CITY PRESS -CITIZEN
,���. n
............................ ........... --- being duly sworn
say that I am the publisher of the IOWA
CITY PRESS -CITIZEN, a newspaper,
published in said County, and that a no-
tice, a printed copy of which is hereto
attached, was published in said paper
time¢ on the following dates./
................................. .:..._ _../.-------- ---------
.. .................. �
Publiaher
Subscribed and sworn to before me
this _ day of _&.......---
A.D. 19...�f
Notary
No. , 6v 0 7
R 0 L L C A L L
Organizational FETING OF January 2, 1974
9:00 A. M.
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vIOWA�CITY=CITY CQUNCIL - -
. JANUARY, 2; `1974
i
The Iowa4City CityrCouncil`:metin organz.zational session on
January;_ 2, ,1'974,=:in,,the CouncalY"Chambers at"'the ;Civic Center at
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City Clerk;Abbie`Stolfus;called the meeting to :order and wel
corned Councilwoman Penny Davidsen to:her first`official meeting.
Councipersons 'presen
t„ Brandt, Czarnecki, Davidsen.; deProsse,
and White. Absent None.
TYa -77
Clerk trc' �iited >rioa►lnations. for.-the-.office of mayor of
owa a Counci woman►_ deProsse
r_ominated Councilman C'zarne:cki`. .Councilti•��man Davidsen nominated
Councilman'Whi-6 Councilman Brandt ;moved that nominations cease.
Secret _ballot" was;�taken`and tabulated by the Clerk `and ,City Manager
&ay Wells. T�1 e 'Gler`k -'then `declared Councilman 'Edgar Czarnecki as
:. �L
Mayor 'of -Iowa -City >for 197.4 197.5 `�_ < �`
11
- `Mayor Czarnecki��+resding._;:
in-hi.s.iacce "taince a eech ,Ma :or ,Czarnecki, noted that he would
have a report on t'ie State o athe Citjy in 'the next mont an that
r.�
' ` .;the :number;<one'�s`suerwas'''�tirban=�ren`e�aal.` k=
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Cri4r�gxlman Brandt`riominated-Penny Davidsen..:,:as Mayor Pro tem.
M6�Uerickiw6man-�-Di;Vid sen nominated=Councilman White, who declined: the
nomination.;. It was=moved_b Brandt and `seconded by White to cast
a=u1}an�lmous ballot fc�r Pennv Davi sen-,as Mayor< Pro 'tem. Motion / y
carded. r
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It was: moved by iBrandt`and,seconded by'White that John Hayek
> t
r, ion 'carried. /
�e appointed as Ca.ty Attornev for 1974 1975.
Mot
It was :moved by White wand seconded by deProsse_.that Abbie Stolfus
be annointed .Gtv. Clerk :for $lr97.4 19:5. Motion carried.
Attorney Hayek'reaffiririF;dtlie 'Pssistant City '..Attorney appoint-
ments,'of Dick Braun Y'and Nancy Vollertson. It ;was .:.moved by White
~- d d b =;Davidsen=to appointments. Motion carried. -
and secon e y PP
It was'=moved by White-sand seconded by Brandt to adopt the
Resolution A y _ -. p
pprov .� ;thes>Class �'C:;<Li. uor .Control License Application
for-'Richard°=Corcoran---dba' The�=Sh'amrock,-525,South G ert., :Upon ro
r call Czarnecki;>;DavZdsen, deFrosse;'White., and Brihdt-voted aye'.
Motion'' carried r , ' r r .
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AGENDA
Iowa City City Council
Organizational Meeting
Council Chambers
January 2, 1974
9:00 A.M.
Call to Order.
Item No. 1 Roll Call.
Item No. 2 Election for Office of Mayor.
Item No. 3 Election of Mayor Pro -tem.
Item No. 4 Appointme�its.
Comment: Appointments to be made are:
City Attorney
City Clerk
Special Attorneys
Item No. 5 Consider Resolution to Approve Class C Liquor Control
License Application for Richard Corcoran, dba/The
Shamrock, 525 S. Gilbert.
Item No. 6 Discussion of Urban Renewal Proposal.
Item No. 7 Adjournment.
The procedure for selection of. Mayor is as follows:
1) the ballot for Mayor will be by secret ballot,
2) only persons nominated may receive votes,
3) a second is not required for a nomination,
4) ballots will be tabulated by the Clerk & the
City Manager,
5) the first person receiving three votes in a
given ballot shall be the Mayor for the years
1972-1973
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' Item No. 1
Item No. 2
W
Item No. 3
Item No. 4
Comment:
Item No. 5
Item No. 6
Item No. 7
•
AGENDA
Iowa City City Council
Organizational Meeting
Council Chambers
January 2, 1974
9:00 A.M.
Call to Order.
Roll Call.
Election for Office of Mayor.
Election of Mayor Pro -tem.
Appointments.
Appointments to be made are:
City Attorney
City Clerk
Special Attorneys
Consider Resolution to Approve Class C Liquor Control
License Application for Richard Corcoran, dba/The
Shamrock, 525 S. Gilbert.
Discussion of Urban Renewal Proposal.
Adjournment.
1
•
The procedure for selection of Mayor is as follows:
1) the ballot for Mayor will be by secret ballot,
2) only persons nominated may receive votes,
3) a second is not required for a nomination,
4) ballots will be tabulated by the Clerk & the
City Manager,
5) the first person receiving three votes in a
given ballot _shall be the Mayor for the years
1972-1973.
I would first like to welcome Councilwoman Penny Davidson to her first
official meeting.
Roll call.
Brandt
Czarnecki
Davidson
deProsse
White
The next item on the agenda is the election for the office of Mayor for Iowa
City for the years 1974 and 1975. Nominations are now in order.
I declare nominations closed.
I declare *) atiAAAV C -L as Mayor of Iowa City for 1974-1975.
I
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RESOLUTION OF APPROVAL OF CLASS C• LIQUOR CONTROL LICE=NSE
APPLICATION.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a
Class C Liquor Control License application is hereby ap-
proved for the following named person or persons at the following
described location:
Richard T. Corcoran
dba/The Shamrock
525 South Gilbert
Iowa City, Iowa 52240
Said approval shall be subject to any conditions or restrictions here-
after imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be
endorsed upon the application and forward the same together with the
license fee, certificate of financial responsibility, surety bond,
sketch of the premises and all other information or documents required
to the Iowa Beer and Liquor Control Department.
It was moved by White and seconded by Brandt
that the Resolution as read be adopted, and upon roll call there were:
Brandt
gKKKKXX deProsse
Czarnecki
KXXKKXXKii Davidsen
W1, ; f. A
Passed this
AYES: NAYS:
X
X
X
X
X
ABSENT:
2nd day of January 119 74
0
To Whom It May Concern:
NORMAN L. PAWLEWSKI _ -
COMMISSIONER
LUCAS STATE OFFICE BUILDING
DES MOINES. IOWA 50319
December 10, 1973
Pursuant to the requirements of Section 236, Chapter 1088 of the
64th General Assembly of the State of Iowa, the State Department of Health
is currently_ establishing a.state housing code to replace the existing
housing law (Chapter 413 of the Code of Iowa). The new housing code will
go into effect on July 1, 1974.
As Section 236 also specifies that the enforcement of the housing
code will be theresponsibilityof Local health boards or Local health
officials, we feelitis most appropriate and desirable for the Local
governments to participate in the decision making process. Therefore,
enclo5;d is a proposal drafted for your review and comments. We are
asking that you take the time to study the draft in detail. Your comments
especially should include those dealing with the applicability of the code
to both rural end urban areas as well as how it relates to tenant and
owner occupied doellings.
A public hearingconcerning the housing code is scheduled for
12':30 p.m., Friday, January 11, 1974, in Room C of the Veterans Memorial
Auditorium, 833 - 5th Avenue, Des Moines, Iowa. Please submit all com-
ments in writing on or before the day of the hearing. Any comments should
be addressed to Kenneth C. Choquette of our Division of General Sanitation.
Additional copies of the draft are available upon request from the
General Sanitation Division.
Sincerely,
Norman L. Pawlewski
Commissioner of Public Health
NP/KC/ww
Enclosure
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PROPOSED STATE'HOUSING CODE .'
• _.-.__ Note_ First.paragraph should read
section 236 instead of 235
IOWA STATE 'DEPARTMENT OF HEALTH
Pursuant to the authority of section 235 of chapter 1088, Laws of the 64th
General Assembly, the follcwing rules constituting a state housing code are hereby
adopted.
Chapter 1
General Provisions
The following general provisions shall apply in the interpretation and enforce-
ment of this code:
1.1 Purposes: It is hereby declared that the purpose of this code is to protect,
preserve, and promote the physical and'mental health and social well-being of the
peop'te;-•to prevent`�and -control 'incidence--of--communicable-diseases--•to-regu-late
privately and publicly owned dwellings for the purpose of maintaining adequate
sanitation andpublichealth, and to protect the safety of the people and promote
the general welfare by these rules which shall be applicable to all dwellings now
in existence or hereafter constructed. It is hereby further declared that the
purpose of these rules: ,is to insure -that `the quality of housing is adequate for
protection of public health, safety and'general-welfare, including; establishment
of minimum standards for basic equipment and facilities for light, ventilation,
and thermal conditions, for safety from fire and accida nts, for the use and loca-
tion and amount of'space for human occupancy, and for an adequate level of
maintenance; determinationof:theresponsibilities of owners, operators and
occupants of dwellings; and provision for the administration and enforcement
thereof.
- 1.2 Applicability. The provisions of this code shall apply uniformly to the
construction, maintenance,.;use. and occupancy of all residential buildings and
structures, and shall apply uniformly to the alteration, repair, equipment, use,
occupancy and maintenance of all existing reside6Eial buildings and structures,
irrespective of when or under what code or codes such buildings or structures were
originally constructed or rehabilitated.
1.3 Title. This code shall be known and may be cited as the State Housing Code.
Chapter 2
Definitions
The following definitions shall apply in the interpretation and enforcement of
this codec
2.1 Accessory Building or Structure` shall mean a detached building or structure
including fences or retaining walls in -a secondary or subordinate rapacity from the
main or principal building or structure on the same premises.
2.2 Appropriate Authority shall mean that person within the governmental struc-
ture of the political subdivision who is charged with the administration of the
appropriate code.' This authority may be the State Health Department if there is
no designated local authority.
2.3 Approved shall mean approved by the local or state authority having such
administrative authority.
2.4 Ashes shall mean the residue from the burning of combustible materials.
2.5 Attic shall mean -any story situated wholly or partly within the roof, and
so designed, arranged or built as'to'be used -for business, storage, or habitation.
2.6 Basement_ shall mean a portion of a building, partly underground, but having
less than half its clear height below the average grade of the adjoining ground.
2.7 Building shall mean'a fixed construction with walls, foundation and roof,
such as a house, factory, garage, etc.
2.3 Cellar shall mean a portion of a building, partly or totally underground,
but having ,more than half of its clearheightbelow the average grade of the
adjoining ground.
2.9 Central Heating System shall mean a single system supplying heat to one (1)
or more dwelling unit(s) or more than one (1) rooming unit.
2.10 Chimney 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 of combustion from solid, liquid or
gaseous fuel.
2.11 Dilapidated shall mean that building or structure, or part thereof, which
by reason of inadequate maintenance, structuraldeterioration, obsolescence, or
abandonment, is unsafe, unsanitary, ,or constitutes.a fire hazard, and is no longer
adequate for the purposes -or uses.for'which it was originally intended.
2.12 Dormitory shall mean a room or.a,group of rooms in a dwelling used or
intended to be -used for sleeping purposes by four -(4) or more persons.
2.13 Dwelling shall mean any,enclosed_space wholly or partly used or intended
to be used for living, sleeping, cooking and eating; provided that temporary
housing as hereinafter defined shall not -be -classified as a dwelling. Industrial-
ized housing and modular construction, mobile homes, motor homes, and similar
structures which conform to nationally-accepted.industry standards and used or
intended for use for living, sleeping,,cooking and eating purposes shall be
classified as dwellings. -
(Note: Housing for migrant farm labor and migrant labor camps which are regula-
ted by the State Department of Health shall be excluded from -this -code.)
2.14 Dwelling Unit shall mean a room or group of rooms located within a dwelling
forming a'single habitable unit; with facilities used or intended to be used by a
single family for .living, 'sleeping, ,cooking and eating purposes.
2.15 Egress shall mean an arrangement of exit facilities to assure a safe means
of exit from buildings.
2.L6 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 local or state authority having such administrative authority.
2.17 Family shall mean.one or more.individuals living together and sharing
common living, sleeping, cooking and eating facilities. (See also Household).
2.18 Flush Water `Closet -shalL:mean a toilet bowl, flushed with water and
equipped with a sealed trap above the floor'leve 1:--
2.19 Garbage shall mean the animal and vegetable waste resulting from the
handling, preparation, cooking, serving and non -consumption of food.
2.20- Grade shall mean the average finished level of the adjacent ground.
2.21 Guest shall mean an individual who shares a dwelling unit in a non-
permanent status for not more than thirty (30) days.
2.22 Habitable Room shall mean.a room or enclosed floor space used or intended
to be used for living,-:sleeping,_,cooking, or eating purposes, excluding bathrooms,
wate_ closet compartments, laundries, .urnace rooms, pantries, kitchenettes and
utility rooms of.Less than fifty,.(50) square-feet.of floor space, foyers, or
communicating corridors, stairways, -closets, storage spaces, and workshops, hobby
and recreation areas in unheated or uninsulated parts of structure below ground
level or in attics.
1
' 2.23 Health•Officer shall mean the Legally, designated health authority of the
(name of political;subdivision;-or his authorized representatives. (If the Legally
designated health authority; has a title other than "HeaLth Officer", the title of
this authority should be substituted for "Health Officer" in this section and all
other sections of this code.)
2.24 Heated Water shall mean water heated to a temperature of not less than
120OF at the outlet.
2.25 Household shall mean one or more individuals living together in a single
dwelling unit and sharing common living, sleeping, cooking and eating facilities.
(See also Family).
2.26 Infestation shall mean the presence within or around a dwelling of any
insects, rodents, or other pests.
2.27 Kitchen shall mean any room containing any or all of the following equip-
ment, or any area of a room within three (3) feet of such equipment: sink and/or
other device for dishwashing, stove or other device for cooking, refrigerator or
other device for cool storage of food, cabinets and/or shelves for storage of
equipment and utensils, and counter or table for food preparation.
2.28 Kitchenette shall mean a small kitchen or an alcove containing cooking
facilities.
2.29 Meaning of Certain Words. Whenever the words "dwelling," "dwelling unit,"
"rooming house," "rooming units," "premises," "structure" are used in the Code,
they shall be construed as though they were followed by the words "or any part
thereof". Words used in the singular include the plural, and the plural the sing-
ular, the masculine gender includes the feminine and the feminine the masculine.
2.30 Multiple Dwell. shall mean any dwelling containing more than two (2)
dwelling units or more than two families excluding hotels or motor inns which are
licensed according to Chapter 170':of the Code of Iowa.
2.31 Occupant shall mean any individual, over one (1) year of age, living,
sleeping, cooking or eating in or having possession of a dwelling unit or a rooming
unit; except that in dwelling units a guest shall notbeconsidered an occupant.
2.32 Operator shall mean any person who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are let.
2.33 Ordinary Summer Conditions shall mean a temperature 10OF below the highest
recorded temperature in the locality for the prior ten (10) year period.
2.34 Ordinary Winter Conditions shall mean a temperature 150F above the lowest
recorded temperature in the locality for the prior ten (10) year period.
2.35 Owner shall mean any person who, alone or jointly or severally with others:
(a) shall have legal title to any premise, dwelling or dwelling unit, with or
without accompanying actual possession thereof, or
(b) shall have charge, care,or control of any premise, dwelling or dwelling
unit, as owner or agent of the owner, or an 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 code and of
rules and regulations adopted pursuant thereto, to the same extent as if he
were the owner.
2.36 Permissible Occupancy shallmeanthe maximum number of individuals permit-
ted to reside in a dwelling unit, rooming unit or dormitory.
2.37 Person shall mean and include any individual, firm, corporation, associa-'
tion, partnership, cooperative or governmental agency.
2.38 Plumbing shall mean and include all of the following supplied facilities
and equipment; gas pipes, gas burning equipment, water pipes, garbage disposal
units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins, drains,
vents, traps, and any othersimilarsupplied fixtures, and the installation
thereof, together with all connections to water, sewer, or gas lines.
2.40 Privacy shall mean the existence of conditions which will permit an indi-
vidual or individuals to carry out an activity commenced without interruption or
interference, either by sight or sound 65 unwanted individuals.
2.41 Rat Harborage shall mean any conditions or place where rats can live, nest,
or seek shelter,
2.42 Ratproofing shall mean a form of construction which will prevent the ingress
or egress of rats to or from a given space or building, or from gaining access to
food, water, or harborage. It consists of the closing and keeping closed of every
opening in foundations, basements, cellars, exterior and interior walls, ground or
first floors, roofs, sidewalk gratings, sidewalk openings, and other places that
may be reached and entered by rats by climbing, burrowing or other methods, by the
use of materials impervious to rat gnawing and other methods approved by the
appropriate authority.
2.43 Refuse shall mean all putrescible and nonputrescible solids (except body
wastes) including garbage, rubbish, ashes and dead animals.
2.44 Refuse Container shall mean a watertight container that is constructed of
metal, or other -durable material impervious to rodents, that is capable of being
serviced without- creating insanitary conditions, or such other containers as have
been approved by the -appropriate authority. Openings into the container such as
covers and doors shall be tight fitting.
2.45 Rooming House shall mean any structure, or that part of any structure,
containing one (1) or more rooming units, and/or one (1) or more dormitory rooms.
' 2.46 Rooming Unit shalt mean any room or group of rooms forming a single habit-
able unit used o: intended to be used for Living and sleeping, but not for cooking
purposes.
2.47 Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting
of either:
a) combustible wastes such as paper, cardboard, plastic containers, yard
clippings, and wood; or
b) noncombustible wastes such as tin cans, glass and crockery.
2.48 Sam shall mean the condition of being reasonably free from danger and
hazards which may cause accidents or disease.
2.49 Supplied shall mean paid for, furnished by, provided by, or under the
control of the owner, operator, or agent.
2.50 Temporary Housing shall mean any tent, trailer, or any 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 utility system on the same premises
for more than thirty (30) consecutive days.
2.51 Toxic Paint shall mean any paint or surface preservative containing 1%
lead by weight or other toxic elements.
2.52 Undefined_ Words. Words not specifically defined in this code shall have
the common definition set forth in a standard dictionary.
0 '
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Responsibilities of Owners and Occupants
3.1 No person shall let to another any dwelling or dwelling unit without first
obtaining a certificate of compliance with the State Housing Code for the dwelling
or dwelling unit.
3.2 Every owner of a dwelling_ containing two (2) or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof.
3.3 Every occupant of a dwelling or.dwelling ,unit shall maintain in a clean and
sanitary condition that part or those parts of the dwelling, dwelling unit and
premises thereof that he occupies.
3.4 Every occupant of a dwelling or dwelling unit shall store and dispose of
all his rubbish in a clean, sanitary and safe manner.
3.5 Every occupant of a dwelling or dwelling unit shall. store and dispose of
all his garbage and any other organic waste which might provide food for insects
or rats, ins clean, sanitary and safe manner. Ratproof, insectproof, watertight
refuse containers shall be used for storage, pending collection.
3.6 Every owner of a dwelling containing.two (2) or more dm•--elling units shall
supply facilities or refuse containers for the sanitary and safe storage and/or
disposal of rubbish and garbage.. In the case of single or two (2) family dwell-
ings, it shall be the responsibility of each occupant to furnish such facilities
or refuse containers.
3.7 The owner of a two or more story dwelling unit shall be responsible for
providing and hanging all screens. On a single story unit the owner shall only
be responsible for furnishing all screens There can be an exception to these
rules -when -there is a written agreement between the owner and occupant.* In the
absence of such an agreement, maintenance or replacement of screens once installed
in any one (1) season, become the responsibility of the occupant.
3.8 Every occupant.of.a dwelling containing -a single dwelling unit shall be
responsible for the extermination of insects, or rats, on the premises. Not-
withstanding the foregoingprovisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a ratproof or
reasonable insectproof 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.
3.9 From September 15 until June 1 in every dwelling unit and/( -r rooming unit
when the control of the supplied heat is the responsibility of a person other than
the occupant, a temperature of at Least 68OF shall be maintained in all habitable
rooms, bathrooms, and ,water closet compartments at a distance of eighteen (18)
inches above the floor level.
3.10 Where there is a.rat_or insect infestation problem as determined by the
appropriate authority, the following rules will be effective
3.10(1) No occupant of a.dwelling or dwelling unit shall accumulate
rubbish, boxes, Lumber, scrap metal, or any; other materials in such a
manner that may provide a rat harborage in or about any dwelling or
dwelling unit. Stored materials shall be stacked neatly in piles eleva-
ted at least eighteen (18) inches above theground or floor.
3.10(2) No owner of a dwelling containing two (2) or more dwelling units
shall accumulate or permit the; accumulation of rubbish, boxes, lumber,
scrap metal,.or any other materials in such;a manner that may provide
a rat harborage in -or about the shared or public areas of a dwelling
or its premises. Materials stored -by --the owner or permitted to be
stored by the owner shall be stacked neatly in piles elevated at
least eighteen (18) inches above the ground or floor.
*The owner is exempt when it can be demonstrated that these or other supplied
facilities are wilfully destroyed by the occupant.
Chapter 4
Minimum Standards for Basic
Equipment and Facilities
No person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit', for the purposes of living, sleeping, cooking or
eating therein, which does.not comply the following requirements:
4.1 Every dwelling unit shall have a space in which food may be prepared and
which shall be equipped with the following:
4.1(1) A kitchen sink in good working condition and properly connected
to a water supply system which is approved by the appropriate authority
and which provides at all times an adequate amount of heated and unheated
running water and which is connected to an approved public or private
sewer system.
4.1(2) Cabinets and shelves for the storage of eating, drinking, and
cooking equipment and utensils and of food that does not under ordinary
summer conditions require refrigerationfor -safekeeping; and a counter
or table for food.preparation; said cabinets, shelves and counter or
table shall be of sound construction furnished with surfaces that are
easily cleanable and that will not impart any toxic or deleterious
effect.to food`.
4.2 Within every dwelling unit or adjacent thereto there shall be a non -
habitable room which affords privacy to anyone within said room and which is sup-
plied with a flush water closet in good working condition. Said flush coater
closet shall be equipped with easily cleanable surfaces, and shall be connected
both to an approved water system that at all times provides an adequate amount of
running, water to cause the water closet°to be operated properly, and to a public
or private sewer system which is approved by the appropriate authority. Said water
closet shall be equipped with a standard backflow preventer.
4.3 Within every dwelling unit there shall be a lavatory sink. Said lavatory
sink may be in the same 'room as the flush water closet, or, if located in another
room, the lavatory sink shall be -placed in close proximity to the door leading
directly into the room in which said water closet is located: The lavatory sink
shall be in good working condition and properly connected to a water supply system
which is approved by the appropriate authority and which provides at ill times an
adequate amount of heated and unheated running water, and which is connected to a
public or private sewer system approved b.)• the appropriate authority.
4.4 Within every dwelling unit or adjacent thereto there shall be a room which
affords privacy to a person within said room and which is equipped with a bathtub
or shower in good working condition. Said bathtub or shower may be in the same
room as the flush waterclosetor in another room and shall be properly connected
to a water supply system:which is approved by'the 'appropriate authority and which
provides at all times an adequate amount of heated and unheated water and which is
connected to a sewer system approved by the appropriate authority. Dwellings exist-
ing as of the date of this code shall not be required to install any bathtub or
shower.
4.5 Every dwelling and dwelling unit shall be provided with a supply of potable
water, neither connected with an unsafe water supply nor subject to hazards of
backflow or back-siphonage:and free from cross -connections to any drainage or
secondary water systems. All water used shall be supplied from a public water
system, if available, -and otherwise from a private system approved by the approp-
riate authority.
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4.6 Every sanitary plumbing fixture in every dwelling and dwelling unit shall be
connected to a public sewage system, if available, and otherwise to an approved
private sewage treatment system. All septic tanks, privies and sewage pits shall
conform to the minimum requirements of the appropriate authority.
4.7 All plumbing including water lines, plumbing fixtures, plumbing stacks,
vents, traps, drains and waste or sewerlines serving dwellings and other structures
governed by this code, shall be properly installed, connected and maintained and
kept free from obstructions, leaks and defects as prescribed by the State Plumbing
Code Committee in its rules and regulations governing the installation of plumbing.
4.8 Every dwelling unit in a one or two story dwelling shall have at least one
approved means of egress Leading to a safe and open space at ground level. Every
dwelling unit in a multiple dwelling shall have immediate access to two (2) or more
approved means of egress leading to a safe and open space at ground level, or as
required by the laws of this State and (political subdivision).
4.9 Structurally sound handrails shall be provided on any steps containing
four (4) risers or more. If steps are not enclosed, handrails and balusters
spaced no greater than six (6) inches apart shall be provided. Porches and
balconies located more than three (3) feet higher than the adjacent area shall
have structurally sound protective handrails (thirty (30) to thirty-six (36)
inches high) and, if unenclosed, balusters spaced no greater than six (6) inches
apart shall also be provided. Alternate systems providing at least the same degree
of protection, if approved by the appropriate authority, shall be acceptable.
4.10 Each dwelling unit should'
have facilities for the safe storage of drugs
and household poisons which will prevent access to such drugs and poisons by
children.
4.11 Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling or dwelling unit.
4.12 No person shall Let to another for occupancy any dwelling or dwelling unit
unless all exterior doors of'the'dwelling or dwelling unit are equipped with safe,
functioning locking devices.
Chapter 5
Minimum Standards for Light and Ventilation
No person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein, which does not
comply with the requirements of this section:
5.1 Every habitable room shall have at least one window or skylight facing
outdoors provided that iZ connected to a room or area used seasonally (e.g. porch)
then adequate daylight must be possible through this interconnection. The minimum
total window or skylight area, measured between stops, for every habitable room
shall be at least ten percent of the floor area of such room; but if Light -
obstruction structures are located less than three feet from the window and extend
to a level above that of `the ceiling of the room, such window shall not be deemed
to face directly to the outdoors and shall not be included as contributing to the
required minimum total window area. -
5.2 Every habitable room shall have at least one (1) window or skylight facing
directly outdoors which can be opened easily, or such other device as will venti-
Late the room adequately, provided that, if connected to a room or area used
seasonally, then adequate ventilation must be possible through this interconnection.
The total of openable window or skylight area in every habitable room shall be
equal to at least forty-five (45) percent of the minimum window area size or
minimum skylight type of window size, as required in subsection 5.1 of this
code, except where there is `supplied some other device affording adequate ventila-
tion and approved by the appropriate authority.
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5.3 Every bathroom and water cl6set compartment, and non -habitable room used
for food preparation, shall comply with the light and ventilation requirement for
habitable rooms contained in subsection 5.1 and 5.2, except that (no window or
skylight shall be required in such rooms if they are equipped with a ventilation
system in working condition which is approved by the appropriate authority.)
5.4 Where there is usable electric service readily available, every dwelling
unit and all public and common areas shall be supplied with electric service,
outlets, and fixtures which shaLl be properly installed, maintained in good and
safe working condition, and connected to a source of electric power in a manner
prescribed by the ordinances, rules and regulations of the (name of political
subdivision). The minimum capacity of such services and the minimum number of
outlets and fixtures shall be as follows:
5.4(1) Every dwelling unit shall have an electric service and outlets
and/or fixtures capable of providing at least three (3) watts per square
f.Qpt .of total- f-Loor-are-a.. _.> _. -.,-- --.---_-•-_--- -__-_._._...-- -- -- -
5.4(2) Every habitable -and nonhabitable room used for food preparation
shall have at least one (1) wall -type of electric convenience outlet for
each sixty (60) square feet or fraction thereof of total floor area, and
in no case less than two (2) such outlets.
5.4(3) Every water cLoset compartment, bathroom, and kitchen or kitchen-
ette, laundry room, furnace room, and public hall shall contain at least
one (1) supplied ceiling or wall -type of electric Light fixture.
5.4(4) Convenient switches or equivalent devices for turning on one light
in each room or passageway shall be Located so as to permit the area ahead
to be lighted.
5.5 Every public hall and stairway in every multiple dwelling shall be lighted
by natural or electric Light at all times, so as to provide in all parts thereof
at least twenty -(20) footcandles 'of light at the tread or floor level. Every
public hall and stairway in structures containing not more than two (2) dwelling
units may be supplied with conveniently located light switches controlling an
adequate lighting system which may be turned on when needed, instead of full-time
lighting.
Chapter 6
Minimum Thermal Standards
- - No person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein, which does not comply
with the following requirements.:
6.1 Every dwelling shall have heating facilities which are properly installed,
and are maintained in safe and good working condition, and are capable of safely
and adequately heating all habitable rooms, bathrooms and water closet compartments
in every dwelling unit located therein to a temperatureofat least 68OF at a
distance of three (3) feet above"floor level under ordinary winter conditions.
6.2 No owner or occupant shall install, operate or tse a heating system employ-
ing a flame that is not vented to the outside of the structure in an approved
manner.
Chapter 7
General Requirements Relating to the
Safe and Sanitary Maintenance of Parts of
Dwellings and Dwelling Units
No person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
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7.1 Every foundation, roof and -exterior wall, 'door, `skylight and window shall be
reasonably weathertight; watertight. and damp -free, and shall be kept in sound con-
dition 'and,"
good repair,Floors,.interior`walls acid ceilings shall be sound and in
good repair:• All:','eater'ior'wl. surface's; other, than -decay -resistant woods, shall
-be-protected from the elements and_'decay"by_paint or other protective covering or
treatment. Toxicpaintand other- toxic preservative materials shall not be used
where readily accessible to children Walls shall be capable of affording privacy
for. the occupants .Every pre6ise.'shall'be graded, '.drained, free of standing coater,
and maintained in a clean,?saciitary and.safe .condition.. All basement drains and
foundation'd_rains shall;'be=connected to-storm.sewers or to other approved disposal
facilities. ,
7.2- Every, window; exterior door -=and ;hatchway_ or similar device shall be reason-
ably rodentproof and watertight and weathertight, and -shall -be kept.in working
-condition-and good repair••..
7.2(1)= From';April•-.15 to, October 15,;:every door opening directly from a
dwelling unit -to :outside space shall- have.+supplied.properly fitting screens
having•at least sixteen (16) mesh -and self-closing devices and every
window;or-other device with openings to outdoor._space; used:or.intended
to be used.for ventilation;:shall likewise'be=supplied with screens. Such
screening .shall. only be required.on; the.operable:portion of windows.
7.2(2) Every window located at or 'near ground level used or intended to
be used for ventilation, and:every=-other opening located at or near ground
level which might provide an entry for rodents, shall -be supplied with
an adequate screen or such other, devices as will effectively prevent their
entrance.
7.3Every`dwelling, multiple dwelling, rooming house or accessory structure
and the premises on_which"located•shalL'be maintained in.a rat -free and rat -proof
condition.
A11 openings' -in, the .exterior .walls;: -foundations;- basements, ground
or first floors and. roofs which -have a half -inch -diameter or more opening
shall- be ratprbofed in an approved -manner if.they.are within forty-eight
-(48) inches of the existing eAterior ground- 'lever immediately below such
openings, or if they may -be reached by rats from the ground by climbing
unguarded pipes, wires;`,cornices, stairs,.roofs_`and other- items such as
trees or vines or by' burrowing:.
7.3(2) Skirting, lattice, or=other!nonratftoofed enclosure creating a
-possible -rat-harborage under -a -porch or any portions of •a -building--shall
be ratproofed at all locations where a rat could find, burrow, or gnaw an
access. opening.
7.13(3)-' In the event- that:occupahcy usages:would.`result in stacking or
piling materials; the. materials; shall, be.so arranged as to prohibit the
creation of a- harborage; -area;. ` No stacking :`or -piling of material shall
take place against the exterior walls�of_,the structure.
7:3(4) All'exterior doors-, including swingirig,�sliding, and folding types,
shall be -constructed -so that.the space ;between -the Lower edge of the door
and the threshold-sha11"not- exceed 'one-half. (�-). of, an inch; provided
further_ that the< -space ;between secti-)ns of -folding ,and sliding doors
when closed shall 'noteexceed* one=half''O of an inch.
7.3(5) In areas of -a rat` infestation problem theappropriate authority
shall require the' following
7.3(5-1) Require that every"exterior'door'be_equipped with an
automatYc closing dev ce'or with a --screen door which- 'shall be
equippe&w- ith 'such a' device a6d`-shs1V befitted as� specified in
Paragraph ,7.3(4•)
7.3(5-2)` Openings for outside stairways ,=elevator -shafts, coal
holes, etc., below grade be provided with tight -fitting metal
covers and fames flashed with 1wenty:four-gage<(24-gage) gal-
vanized sheet'metal"or' other approved,i te-rials unless they are
of the open' type,, and,. in this r"ase, th$
y shall have -the door or
window opening in the'` fou'nda'tion -protected as-required''above for
doors or window openings. Walls of all such portions of any
2.
•
9.
7.1 Every foundation, roof and -exterior wall, 'door, `skylight and window shall be
reasonably weathertight; watertight. and damp -free, and shall be kept in sound con-
dition 'and,"
good repair,Floors,.interior`walls acid ceilings shall be sound and in
good repair:• All:','eater'ior'wl. surface's; other, than -decay -resistant woods, shall
-be-protected from the elements and_'decay"by_paint or other protective covering or
treatment. Toxicpaintand other- toxic preservative materials shall not be used
where readily accessible to children Walls shall be capable of affording privacy
for. the occupants .Every pre6ise.'shall'be graded, '.drained, free of standing coater,
and maintained in a clean,?saciitary and.safe .condition.. All basement drains and
foundation'd_rains shall;'be=connected to-storm.sewers or to other approved disposal
facilities. ,
7.2- Every, window; exterior door -=and ;hatchway_ or similar device shall be reason-
ably rodentproof and watertight and weathertight, and -shall -be kept.in working
-condition-and good repair••..
7.2(1)= From';April•-.15 to, October 15,;:every door opening directly from a
dwelling unit -to :outside space shall- have.+supplied.properly fitting screens
having•at least sixteen (16) mesh -and self-closing devices and every
window;or-other device with openings to outdoor._space; used:or.intended
to be used.for ventilation;:shall likewise'be=supplied with screens. Such
screening .shall. only be required.on; the.operable:portion of windows.
7.2(2) Every window located at or 'near ground level used or intended to
be used for ventilation, and:every=-other opening located at or near ground
level which might provide an entry for rodents, shall -be supplied with
an adequate screen or such other, devices as will effectively prevent their
entrance.
7.3Every`dwelling, multiple dwelling, rooming house or accessory structure
and the premises on_which"located•shalL'be maintained in.a rat -free and rat -proof
condition.
A11 openings' -in, the .exterior .walls;: -foundations;- basements, ground
or first floors and. roofs which -have a half -inch -diameter or more opening
shall- be ratprbofed in an approved -manner if.they.are within forty-eight
-(48) inches of the existing eAterior ground- 'lever immediately below such
openings, or if they may -be reached by rats from the ground by climbing
unguarded pipes, wires;`,cornices, stairs,.roofs_`and other- items such as
trees or vines or by' burrowing:.
7.3(2) Skirting, lattice, or=other!nonratftoofed enclosure creating a
-possible -rat-harborage under -a -porch or any portions of •a -building--shall
be ratproofed at all locations where a rat could find, burrow, or gnaw an
access. opening.
7.13(3)-' In the event- that:occupahcy usages:would.`result in stacking or
piling materials; the. materials; shall, be.so arranged as to prohibit the
creation of a- harborage; -area;. ` No stacking :`or -piling of material shall
take place against the exterior walls�of_,the structure.
7:3(4) All'exterior doors-, including swingirig,�sliding, and folding types,
shall be -constructed -so that.the space ;between -the Lower edge of the door
and the threshold-sha11"not- exceed 'one-half. (�-). of, an inch; provided
further_ that the< -space ;between secti-)ns of -folding ,and sliding doors
when closed shall 'noteexceed* one=half''O of an inch.
7.3(5) In areas of -a rat` infestation problem theappropriate authority
shall require the' following
7.3(5-1) Require that every"exterior'door'be_equipped with an
automatYc closing dev ce'or with a --screen door which- 'shall be
equippe&w- ith 'such a' device a6d`-shs1V befitted as� specified in
Paragraph ,7.3(4•)
7.3(5-2)` Openings for outside stairways ,=elevator -shafts, coal
holes, etc., below grade be provided with tight -fitting metal
covers and fames flashed with 1wenty:four-gage<(24-gage) gal-
vanized sheet'metal"or' other approved,i te-rials unless they are
of the open' type,, and,. in this r"ase, th$
y shall have -the door or
window opening in the'` fou'nda'tion -protected as-required''above for
doors or window openings. Walls of all such portions of any
- structure shall ;be .of ;ratproof`;maeeiial
7.3(5-3.). All interior .-sewers,,.zpipes,.dtains, or conduits through
which rats may-pass..closed: with a -perforated. metal_ cover properly
secured;•-- Perforations.in the cover.shall not exceed one-half (k)
inch in diameter.
ALI openings for pipes, ,.conduits, and other utility services
accessible'to rats`+closed=solidly for:the.full thickness of the wall,
floor;:+roof,::etc.i: ith an --,ratproof, or fitted with
a collar'or,shield, securely fastened to the wall or floor, of not
less than twenty-four-gage.(24-gage) galvanized sheet metal or other
approved zmateriaLs, extending at -least three (3) inches beyond all
sides 'of ;the opening.
7.3(5-5) Skylights accessible to rats designed to fit tightly and
constructedof approved.ratproof:materials. Adjustable skylights
which .may begopened,screenedtwith hardware cloth or.expanded metal.
7.3(5-6) Roof:ventilators, chimneys,•:pipe vents, downspouts, etc.,
permitting;entry_.of:rats';into the -interior of the structure, pro-
- tected-against-,entry-by grilles,..hardward=cloth caps, expanded
metal covers, or other acceptable ratproof material.
7.3(6) Thec•following specifications shall -.apply to the installation of
all ratproof walls: ,
7.3(6-1) In areas of heavy rat infestation, walls of concrete
construction may be required beneath -the exterior wall of every
building or;enclosed,.part thereof and every enclosed shed, porch,
- bay; or-other.enciosediistructure.which is not supported on a
continuous masonry foundation wall.
7.3(7) If::the;.space.between:-two (2) buildings„is:too small to permit
inspection of T thersexterio.-walls of,suchbui;lding,.such- space ohall be
sealed so -as -to prevent-the-entrance.,of;:rats;.; Provisions,shall be made
in the ratproofing:in:such.cases so--that-:drainage is not obstructed.
7.3(8) After:extermination,.a1L4of the -,rat holes or burrows in the ground
shall be eliminated or filled with earth -or -other suitable material.
7.3(9) Any material"s:.use& for ratproofing_shall be acceptable to the
appropriate authority.
7.4 Accessory structures present or provided by the owner, agent, or tenant
occupant on the premises :of a dwelling shall be structurally sound, and be main-
tained ingood-repair.'and free of.,insects.and;rats_,,,or such structures shall be
removed from the.premises-. .The exterior='of such structures shall be made weather -
resistant through:the use of decay -;resistant materials or the use of non-toxic
paint or other non-toxic preservatives,'_ •
7.5 :Every foundation,:roof,'floor, exterior`_ and. interior- wall, ceiling, inside
and outside stair, every••porch,�•-.and every appurtenance thereto, shall be safe to
use and -.'capable; of supporting the ;loads ;that,- normal.,use may., cause to be placed
thereon; and shaR be`_ kept'in-:sound condition -and, -;good .repair. Every inside and
outside stair or step shall have uniform.risers;and uniform treads.
7.6 Every water-clo.set,compar.tment, bathroom, and, kitchen -.floor surface shall be
constructed and maintained so as to be reasonably ;impervious to water and to permit
such floor to be easily kept in:a-clean and sanitary condition.
7.7 Every plumbing: -fixture acid: pipe, '.eve.ry,:chimney.,-,flue, and smoke pipe, and
every other faciaity,,.piece. of;equipment., orutility,which_- is, ,present in a dwell-
ing or dwelling unit,,,orwhich is required under this code, shall be constructed
and installed in conformance with the appropriate`statutrs, ordinances and regula-
tions of this- (name of...litical subdivision), and the -State of Iowa.
7.8 No
..owneroperator, or occupant shall cause any.service, facility, equipment
or utility; which is ,required, under.; this, code,.to,.be removed or shut off from or dis-
continued,,for any,.occupied;dwelling or dwelling unit let or.,occupied by him;
except for_ such temporary--,interriiption;as may-_be,,necessary while actual repairs or
7.9 All construction and materials, ways and means of egress, and installation
and use of equipment sha11`confoim with the appropriate statutes, ordinances, and
and the- State of -Iowa.
regulations dealing ,lith fire profection-of-this (name bf political subdivision)
Chapter 8
Maximum -Density, Minimum Space,
=Use andLocation Require`me'nts
No person shall occupy or let to be occupied 'any dwelling or dwelling unitfor
the purpose of living therein, unless there is compliance with the requiremen;
ts
of this section,
8.1 The maximum occupancy of any dwelling unit shall not exceed the following
requirements:
8.1(1) For first occupant one hundred fifty (150) square feet of floor
space and at least one hundred (100)squarefeet of floor space for every
additional occupant thereof,, the floor space to be calculated on the basis
of" -total habit'able:�room area:
8.1(2) A total number-oE persons equal to two`(2)
habitable rooms. times the number of its
8.2 No rooming unit, as'defined in this code; shall be offered for occupancy
unless a certificate of: compliance "for a=rooming house has been granted by the
appropriate authority.
8.3 The ceiling height of:"any habitable room shall be at least seven (7) -feet;
except -that in any habitable room winder a'`slopingceiling `at least one -Half of
the floor area shall have a"cei.ling height-of'at Least seven (7) feet, and the
floor area -of that part!or Much a'room••wheie the ceiling height is less than
wive (5) 'feet shall not -be c'onside'red as part ;of the Ploor area in computing the
total floor area of -the -room for thepurp
sible occupancy. ose of determining the maximum permis-
'
8.4 No space located partially below grade shal1`b'e` used as a habitable room of
a dwelling -unit unless:
8.4(1) The floor and those 'portions - of the waIIs`-are of waterproof and
dampproof construction.--
8.4(2)
onstruction.8.4(2) The minimum window area is equal to at least that required in
subsection 5.1 and =such window area is Located;entirely above the grade
of the ground-`adjoining,'Such_window area; or if 'windows are located
wholly or partly -below grade there`be constructed a properly drained
window well whose -open area is`equal`to or greater than the area of the
.masonry opening for :the• window; tine . bottom 'of -the' window well is below
the top of the impervious' masonry construction under the'window and the
minimum horizontal distance at a right, angle from any point of the window
well is equal',to or greater than the vertical depth of the window well as
measured from the bottom`of -ttie'masonry dpening for the window.
8.4(3) The total openabLe window area in each room is equal to at least
the minimum as'required-'ender subsection 'S.1 of'thi.s code, except where
some other approved`devices'affording' adequate ventilation and humidit
control are supplied: y
8.4(4) There are no- pipes- ducts•or other obstructions less than six (6)
feet, eight (8) inches abo`v: the' Eloor'`leveT'which interfere with the
normal use of the room or area.
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7.9 All construction and materials, ways and means of egress, and installation
and use of equipment sha11`confoim with the appropriate statutes, ordinances, and
and the- State of -Iowa.
regulations dealing ,lith fire profection-of-this (name bf political subdivision)
Chapter 8
Maximum -Density, Minimum Space,
=Use andLocation Require`me'nts
No person shall occupy or let to be occupied 'any dwelling or dwelling unitfor
the purpose of living therein, unless there is compliance with the requiremen;
ts
of this section,
8.1 The maximum occupancy of any dwelling unit shall not exceed the following
requirements:
8.1(1) For first occupant one hundred fifty (150) square feet of floor
space and at least one hundred (100)squarefeet of floor space for every
additional occupant thereof,, the floor space to be calculated on the basis
of" -total habit'able:�room area:
8.1(2) A total number-oE persons equal to two`(2)
habitable rooms. times the number of its
8.2 No rooming unit, as'defined in this code; shall be offered for occupancy
unless a certificate of: compliance "for a=rooming house has been granted by the
appropriate authority.
8.3 The ceiling height of:"any habitable room shall be at least seven (7) -feet;
except -that in any habitable room winder a'`slopingceiling `at least one -Half of
the floor area shall have a"cei.ling height-of'at Least seven (7) feet, and the
floor area -of that part!or Much a'room••wheie the ceiling height is less than
wive (5) 'feet shall not -be c'onside'red as part ;of the Ploor area in computing the
total floor area of -the -room for thepurp
sible occupancy. ose of determining the maximum permis-
'
8.4 No space located partially below grade shal1`b'e` used as a habitable room of
a dwelling -unit unless:
8.4(1) The floor and those 'portions - of the waIIs`-are of waterproof and
dampproof construction.--
8.4(2)
onstruction.8.4(2) The minimum window area is equal to at least that required in
subsection 5.1 and =such window area is Located;entirely above the grade
of the ground-`adjoining,'Such_window area; or if 'windows are located
wholly or partly -below grade there`be constructed a properly drained
window well whose -open area is`equal`to or greater than the area of the
.masonry opening for :the• window; tine . bottom 'of -the' window well is below
the top of the impervious' masonry construction under the'window and the
minimum horizontal distance at a right, angle from any point of the window
well is equal',to or greater than the vertical depth of the window well as
measured from the bottom`of -ttie'masonry dpening for the window.
8.4(3) The total openabLe window area in each room is equal to at least
the minimum as'required-'ender subsection 'S.1 of'thi.s code, except where
some other approved`devices'affording' adequate ventilation and humidit
control are supplied: y
8.4(4) There are no- pipes- ducts•or other obstructions less than six (6)
feet, eight (8) inches abo`v: the' Eloor'`leveT'which interfere with the
normal use of the room or area.
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8.5 No space located totally below grade, shall.be used as a habitable room of a
dwelling unit.
8.6 J n,every dwelling unit,;of. two (2.) or.more. rooms, every,room occupied for
sleepingss shall -contain at. least,_seventy-.(70)_ square feet of floor space
for the first occupant, and at least fifty (50) square feet of floor space for each
additional occupant thereof.
8.7 No dwelling or -dwelling 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 (.l):s_leeping 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. bygoing=.through another sleeping room.
A bathroom or water closet compartment shall not be used as the only passageway to
any habitable room, hall, basement or cellar or to the exterior of the dwelling
unit. -
Chapter 9
Rooming House, Dormitory Rooms,
Rooming'Units
No person shall operate a rooming house, -or shall occupy,or;let to another for
occupancy any dormitory room and/or rooming unit in any rooming house, which is
not in compliance,with:the--provisions of,every-section of ,this code except the
provisions of Chapter 3, Chapter 4, and Paragraphs 8.1, 8.2, 8.6, and 8.7. No
owner or other person shall occupy or let`to another person any rooming unit or
dormitory room unless,it,_is clean and sanitary,,,and.,.complies with all applicable
requirements of (name of political s;ubdivision). .;,..
9.1 No person shall operate a rooming 'house unless he holds a valid rooming
house license or certificate;of_compliance,issued by.the,(appropriate authority)
in ihe;name',of the;operator;and for_the;,specific'dwelling or dwelling unit. The
operator shall 'apply to,the (appropriate.authority).upon;.compliance by the operator
with,the applicable:provisions.of this, code and of any rules and regulations
adopEed pursuant thereto. This license or certificate shall be displayed in a con-
spicuous place within the rooming house at all times. N6 such license or certifi-
cate shall be transferrable.'Every person holding such a license or certificate
shall give notice in writing to the (appropriate authority) within twenty-four (24)
hours after having sold, ,transferred, given away, or.otherwise disposed of ownership
of, interest in, or control of any rooming house. Such notice shall include the
name and address of the.person succeeding to the ownership or control of such
rooming house. Every rooming house license,or,,certificate shall expire at the end
of one (1) year following its date of issuance, unless sooner suspended or revoked
as hereinafter provided.
9.2 At least one (1);flush, water. closet, lavatory basin and bathtub or shower,
properly connected,,to an,approved.wate.r,and sewer.;system,and in good working con-
dition,: shall be ..supplied for.,each six., (6.) persons- ori fraction -in the absence of a
local. code- governing number sof-:.facilities,-.thereof residing within a rooming house,
including:members_of the :operator's family wherever they share the use.of the said
facilities, provided:
9.2(1), -That .in a• -rooming house.where rooms -are let only.to males, flush
urinals may be..substi_tuted_for-not more than .,one-half the required number of
water closets.
9.2_ n
(2).. That all_sucha.facilities shall be so,;located within the dwelling
as to. be reasoa,bt._ly accessible..;to.all persons= -.-sharing such facilities and
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from a common hall or passageway.-
9.2(3) Than every, lavatory, basin. and bathtub_ or shower -shall be adequately
supplied with heated and '.unheated;water,at.all times.
9.3 The following provision shall apply in all rooming houses:
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9.3(2) Communal cooking jn a rooming house is prohibited.
9.3(3) Access doors to rooming unit shall have operating locks to insure
privacy.
9.4 Unless exempted by the approved authority in writing, the operator of every
rooming house shall change :;supplied bed -linen and towels therein at least once a
week, and -prior to the _letting of, any.room_to any occupant; and the operator shall
be responsible for.the maintenance of all supp-lied bedding in a clean and sanitary
manner.
9.5- Every rooming unit shall comply with all the requirements of this code
pertaining to a habitable room.
9.5(1): Every room, occupied for, sleeping purposes by one (1) individual
shall contain at_least: one hundred :and ten'.(110) square feet of floor
space: for each, occupant. -If,;it is lacking in whole or. in part, an amount
of space equal insquare footage to the deficiency shall be subtracted
from the area of habitable room space used in determining permissible
occupancy.
9.6 Every rooming unit.shall have immediate.access to an.approved means of
egress, appropriately marked, leading to safe and.open-space at ground Level, or as
required by the appropriate statutes, ordinances,:and regulations of this (name of
Political subdivision) and the State of Iowa.
9.Z Structurally: sound handrails.shall be provided on any steps containing
four (4) risers or more.,. If-steps;,are-not enclosed, -handrails and balusters
spaced no„greater,than six (6) inches apart shall -be provided. Porches and/or
balconies located more than `three -(3) feet higher than the adjacent areas shall
have .structurally sound;:prctective handrails -,(thirty (30).to thirty-six (36)
inches) high, and,if unenclo.s.ed, ba.lusters.spaced.no'greater than six (6) inches
apart shall also .be provided Alternate systems providing at least the same
degree of safety, if approved.by the appropriate authority, will be accepted.
9.8 Access to or egress from each rooming unit shall be provided.without
passing through any other rooming.,or:dwelling unit.
Chapter 10
Adoption of Plans of Inspection by
the (Appropriate Agency)
10.1 The (appropriate,agenc-, is hereby authorized and directed to develop and
adopt plans for the inspection of dwelling units subject to the provisions of this
code, including:
10.1(1) A plan for the periodic inspection of multiple dwellings and
rooming houses subject to the provisions of Chapter 12, governing the
licensing of the operation of such dwellings;
10.1(2) A plan for the systematic inspection of all other dwelling
units within this (name ofPoliticalsubdivision) as may from time to
time be designated by the (appropriate agency).
10.2 Before making inspections and pursuant to a plan authorized in
Paragraph 10.1(2),•the•(appropriate-authority) shall advise. the property owners
and other residents of the intent to inspect.
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Chapter 11
Inspections: Powers and Duties of the:
(Appropriate Authority)
11.1 The,(appropriate authority) shall enforce"the provisions of this code and
is hereby authorized, and directed to make inspections" pursuant to one (1) or more
of the plans, for inspection authorized by'Paragraph 10.1, or in response to a
complaint that an alleged violation of the provisions of this code or of applicable
rules or regulations pursuant thereto may exist; or when the (appropriate authority)
has valid.reason.to believe that'a violation'of'this code or any rules and regula-
tions pursuant thereto has been or is being committed.' -
11.2 The (appropriate authority) is hereby, authorized to enter and inspect
between the hours of 8:00' .m.: and 5:00'p`.m.4all'dwellings, dwelling units,
rooming, houses, rooming. :units, dormitories and dormitory rooms subject to the
provisions of this code for the' purpose of determining whether there is compliance
with its provisions.
11.3 The (appropriate authority) is hereby authorized to inspect the premises
surrounding dwellings,�dwel-ling:units, looming houses, rooming units, dormitories
and dormitory rooms subject.to'this-code, for the purpose of determining whether
there is compliance' with its -provisions:
11.4 The (appropriate authority) and the owner, occupant or other person in
charge of a.dwefling; dwelling -unit, rooming'unit,-rooming house, dormitory or
dormitory room- subject- to -,this 'Code may agree -'to` an inspection by appointment
at a time other,than the�hours;provi.ded:=in:-Paragraph 11.2 by this code.
11.5 The owner, occupant.or other person �in`charge-of a dwelling, dwelling
unit, rooming unit, rooming house, dormitory or -:dormitory room upon presentation
of proper' identificat_ion.5y the .(appropriate authority), a copy of any relevant
planof inspection pursuante;to which -entry-is:sought; and a schedule of the
specific areas and facilities to be inspected shall give the (appropriate authority)
entry and -free .access -to every -,part of the dwelling, dwelling unit, rooming unit,
dormitory or dormitory room or to the' premises surrounding any of these.
11.6 If any owner, -occupant, or 'other person in charge of a dwelling, dwelling
unit or rooming unit, -or-of-a multiple dwelling or a rooming house subject to the
certificate under Chapter 12 fails or refuses to permit free access and entry, to
the 'structure or premises: under• h'is control, or any part thereof, with zespect to
which an inspection; authorized by this code is sought to be made, the (appropriate
authority) may, upon a-showing=that probi:ble:'cause exists for the inspection and
for the issuance of an order directing compliance with the inspection requirements
of this section with respect to such dwelling, dwelling unit, rooming unit,
multiple dwelling, or --rooming house,'petition and obtain such order from a court
of competent jurisdiction'.
11.6(1) When required the (appropriate authority) shall obtain a warrant
to inspect;.``
11.6(2) Any person who refuses to -comply with'an"•order"issued pursuant
to this section shall be subject to such penalties as may be authorized
by law for violation of a"court order.-
Chapter
rder.
Chapter 12
Certificate"`of' Compliance for the -Operation -of Multiple
Dwellings and Rooming Houses
12.1 No person shall operate a multiple dwelling or rooming house unless he
holds a current, unrevoked operating certificate of compliance issued by the
(appropriate authority) in his name for the specific named multiple dwelling or
rooming house.
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12.-2 Every .certificate 'of compliance shall -be -Issued fora period of one (1)
year from its date of issuance unless sooner revoked, and may be renewed for
successive periods of= not.to exceed -.one _(1)_year.
12.3 .The (appropriate authority) is -hereby. -:authorized upon application
therefor to issue.: newcertificates., %and.renewals thereof, in the names of
applicant•.owners or operators o£:multip,le dwellings and.rooming houses. No such
certificates sha11 be Issued.,unless.:the multiple:cdwelling or rooming house in
connection with',which.the,certificate:As,sought-`is found after inspection to meet
all requirements-of_ahis code and of'.applicable rules and regulations pursuant
thereto.
12.4 No certificate. sha•L-1 :be :issued :or -renewed unless the applicant owner
or operator has,first.made.applica.tion therefor on an application form provided
by ,the (appropriate authority),..-.The.,(appropriate,authority) shall develop such
forms apd.make•;them avai-lable, to: he,:pub lic.:
12.5 .No certificate shall be .issued or renewed unless the. -applicant owner
or operator agrees •inhis-'application;.-to such -inspections pursuant to Sections
10.1 and 11.1 as the. -(appropriate authority), may require Lo determine whether
the multiple dwelling; or rooming house in connection with which such certificate
is:sought;is in:compliagce;,with7the-provisions,:o.f .this code and with applicable
rules and regulations_ pursuant;:thereto.
12.6 Before the (appropriate, authority) shal-1 issue any permit under the
provisions of this section, there shall be paid to the city treasurer, a fee as
fo Llows
12:6(1) .Dwellings -containing three dwelling units - $10.00.
12.,6(2) Dwellings containing four to.ten-dweIling units - $20.00.
12..6(3) Dwellings containing ten or more second class dwelling units -
$50.00.
12.6(4) Rooming.houses-containing three=rooming units $10.00.
12.6,(5) Rooming -house containing four to _ten rooming units - $20.00.
12:6(6) Rooming house containing ten or more rooming units - $50.00.
12.7 No certificate shall be issued or renewed for a nonresident applicant
unless such applicant designates in writing to the (appropriate authority) the
name of his agent for the receipt' of service of notice that there is a violation
of the provisions of this code and` for service of -process pursuant to this code.
12.8 No certificate' shall be, issued or renewed for a resident applicant unless
such applicant has first designated an agent for the receipt of service of viola-
tions of the provisions of this code:and for_aervice_of_process pursuant to this
code, when,said_applicant is absent from -this. -(name -of political subdivision) for
thirty (30)'or more days. Such a`designation shall be made in writing, and shall
accompany each application form. The applicant may designate any person resident
in this (name -of, political -subdivision) his agent for this purpose.
12.9 No certificate shall be renewed unless an application therefor has been
made within sixty -(60) days' prior.to.,the expiration of the present certificate.
12.10 Each certificate shall:be:.displayed in a conspicuous place within the
common ways of the.mu,ltip-Le-,dweLling or,.rooming:house.. No certificate shall be
transferrable -to another -•person, -;or to, -another multiple dwelling or rooming
house. -.Every person -holding a certificate,shall;give'notice,in writing to the
(appropriate authority) within twenty-four;(24;)-hours after having transferred
or otherwise disposed.;of ths.,legal control of any multiple dwelling or rooming
house. Such notice shall include:the•name and..'address of.the person or pereons
succeeding to the owner'ship,or control of such multiple dwelling or rooming house.
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12.-2 Every .certificate 'of compliance shall -be -Issued fora period of one (1)
year from its date of issuance unless sooner revoked, and may be renewed for
successive periods of= not.to exceed -.one _(1)_year.
12.3 .The (appropriate authority) is -hereby. -:authorized upon application
therefor to issue.: newcertificates., %and.renewals thereof, in the names of
applicant•.owners or operators o£:multip,le dwellings and.rooming houses. No such
certificates sha11 be Issued.,unless.:the multiple:cdwelling or rooming house in
connection with',which.the,certificate:As,sought-`is found after inspection to meet
all requirements-of_ahis code and of'.applicable rules and regulations pursuant
thereto.
12.4 No certificate. sha•L-1 :be :issued :or -renewed unless the applicant owner
or operator has,first.made.applica.tion therefor on an application form provided
by ,the (appropriate authority),..-.The.,(appropriate,authority) shall develop such
forms apd.make•;them avai-lable, to: he,:pub lic.:
12.5 .No certificate shall be .issued or renewed unless the. -applicant owner
or operator agrees •inhis-'application;.-to such -inspections pursuant to Sections
10.1 and 11.1 as the. -(appropriate authority), may require Lo determine whether
the multiple dwelling; or rooming house in connection with which such certificate
is:sought;is in:compliagce;,with7the-provisions,:o.f .this code and with applicable
rules and regulations_ pursuant;:thereto.
12.6 Before the (appropriate, authority) shal-1 issue any permit under the
provisions of this section, there shall be paid to the city treasurer, a fee as
fo Llows
12:6(1) .Dwellings -containing three dwelling units - $10.00.
12.,6(2) Dwellings containing four to.ten-dweIling units - $20.00.
12..6(3) Dwellings containing ten or more second class dwelling units -
$50.00.
12.6(4) Rooming.houses-containing three=rooming units $10.00.
12.6,(5) Rooming -house containing four to _ten rooming units - $20.00.
12:6(6) Rooming house containing ten or more rooming units - $50.00.
12.7 No certificate shall be issued or renewed for a nonresident applicant
unless such applicant designates in writing to the (appropriate authority) the
name of his agent for the receipt' of service of notice that there is a violation
of the provisions of this code and` for service of -process pursuant to this code.
12.8 No certificate' shall be, issued or renewed for a resident applicant unless
such applicant has first designated an agent for the receipt of service of viola-
tions of the provisions of this code:and for_aervice_of_process pursuant to this
code, when,said_applicant is absent from -this. -(name -of political subdivision) for
thirty (30)'or more days. Such a`designation shall be made in writing, and shall
accompany each application form. The applicant may designate any person resident
in this (name -of, political -subdivision) his agent for this purpose.
12.9 No certificate shall be renewed unless an application therefor has been
made within sixty -(60) days' prior.to.,the expiration of the present certificate.
12.10 Each certificate shall:be:.displayed in a conspicuous place within the
common ways of the.mu,ltip-Le-,dweLling or,.rooming:house.. No certificate shall be
transferrable -to another -•person, -;or to, -another multiple dwelling or rooming
house. -.Every person -holding a certificate,shall;give'notice,in writing to the
(appropriate authority) within twenty-four;(24;)-hours after having transferred
or otherwise disposed.;of ths.,legal control of any multiple dwelling or rooming
house. Such notice shall include:the•name and..'address of.the person or pereons
succeeding to the owner'ship,or control of such multiple dwelling or rooming house.
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12. 11 Every; owner or operator -.of: a-:multip.le•-dwelling or rooming house sha11
keep or-cause'.to-be=kept;•,an accurate -.record of,fall'repairs, alterations and
equipment changes related to the provisions_of this`code or to any rules and
regulations pertaining thereto,,and of all corrections made as the result of
inspections by the (appropriate. authority) .'-Such-record shall be made available
to.the '_tappropriate authority): by.the:owner-or'operator when requested. Every
owner or operator subject: -to this section"sha11,be' notified that such record may
be used in- administrative;'?or "judjic,ial cproceedings .pursuant to the provisions of
this code;. The administrativeIauthority`shall,-;upon :issuance of a certificate
as required in:Section 12.1, advise the' appropriate party of the necessity for
such record and the manner in which such record -shall be kept.
12.12 •Whenever',•upon inspection of:the certified -multiple dwelling or 'rooming
house, or- of .the records required "to,.be .kept -by', -Section 12. 1, the (appropriate
-authority) finds tha t:condit ons. or'practfces'exist-which are in violation of the
provisions of this code or of any,applicaIble rules and regulations pursuant
thereto, he shall serve the owner or operator with notice of such violation in
the manner hereinafter° provided.' Such' noticesl al'l,�state` that unless the viola-
tions- cited are::corrected`•within- reasonable' _t=ime;" the" operating certificate may
be suspended.
12.13 At the end -of- the time he has allowed"for"correction of any violation
cited, the (appropriate authority) shall reinspect the multiple dwelling or
rooming house, and if -he determines that such conditions have not been corrected,
he may issue anoorder"suspending'` the certificate
12.14 Any person whose certificate to operate a multiple dwelling or rooming
house has been suspended shall be entitled to a reconsideration of the order or
a formal hearing, in -the manner•hereinafter'provided byIthis code.' If no request
for reconsideration or petition„for hearing reaches the (appropriate authority)
within twenty-one -(21) "d'ays -following-:.the issuance of the order of suspension,
the certificate shall be revoked except that prior to revocation any person whose
certificate has been 'suspended;,may.:request'reinspection upon a showing that the
violation or violations cited in the notice have been corrected.
12.15 If, upon reinspection; they (appropriate'•°authority) finds that the
multiple dwelling or- rooming house in connection with which the notice was issued
is now in compliance. with. this ;code "and :with -'applicable rules and regulations
issued pursuant_ thereto, he shall reinstate the certificate. A request for
reinspection shall not -extend the suspension period -unless the (appropriate
authority) grants such request.
"Chapter 13E;,
Rules and Regulations
13.1 The (appropriate --authority) is -hereby -authorized to make, adopt, revise
and'amend-such--rules, and regulations in writing as it deems necessary for carrying
out the purposes of this .code'. =:
Chapter 14
Notice'of Violation
14.1 Whenever::the.(appropriate-authority) determines that'any dwelling,
dwelling unit;�-or•roominv unit; or the>premises''surrounding any of these, fails
to;meet therequirements'set forth�in�this code or -in -applicable rules and
regulations issued pursuant'-thereto,'he'sha1I issue -a notice setting forth the
alleged failures:; and advising the',owner; occupant- operator, or agent that such
failures must be:icorrected:. :This notice"shall: -
14.1(1) Be in writing.
14.1(2) Set forth the alleged violations of this code of applicable rules
and regulations issued pursuant thereto.'
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14.1(3) Describe the dwelling, dwelling unit or rooming unit where the
violations are alleged to exist or to have been committed.
14.1(4) Provide;a reasonable time, not to exceed sixty (60) days, for the
correction of any violation alleged. -
14:1(5) Be served upon -the owner, occupant,: operator, or agent of the
dwelling, dwelling unit, or rooming unit personally, or by registered mail,
return receipt'`-equested, addressed to '`the owner c/o the address on the tax
records of the'counfy''auditor'.or to the -responsible occupant, operator, or
agent. If 'one"(l) or_,more persons to'whom'such notice is addressed cannot
be found after diligent efforts'to do so, 'service may be made upon such
person or.persons by posting a notice in or about the dwelling, dwelling unit
or rooming unit described in the notice, or by causing such notice to be
published"in-a newspaper of general circulation;
14.1(6) Be served upon aresident'_agent for -the receipt of such service of
notice designated pursuant -to Paragraph 12.8;'or
14.1(7) Be served upon the (appropriate authority) where he has been
designated agent for'such-=service pursuant to Paragraph 12.7.
L4.2 At the end of the period of time allowed for the correction of any
violation alleged, the (appropriate authority). shall reinspect the dwelling,
dwelling unit or,rooming`.unit described in the notice.
14.3 If upon reinspection the violations alleged are determined by the
(appropriate.authority) not to have been corrected, he shall issue a second
notice of violation which shall -'-constitute -an orderrequiring that the then
existing failures to meet the requirements`'of this code, or of applicable
existing rules ,or -regulations issued pursuant thereto, shall be corrected
within'a' reasoinable'"time" allowed', if the person served with such notice does not
request a reconsideration or petition for a hearing on the matter in the manner
hereinafter provided:
L4.4 The (appropriate= authority) shall cause a copy of the second notice to
be posted in a conspicuous place in or`about'the dwelling, dwelling unit or
rooming unit where the violations are alleged to exist, and shall serve it in
the manner provided in Paragraphs 14: 1(1)'through'14.1(7).
14-.5 The (appropriate 'authority,),.after the expiration of time granted the
person served with such second`notice.to seek reconsideration or a hearing in
the manner hereinafter provided, by this code, -or after a final decision adverse
to such person served has been rendered by the (Hearing Agency) or by a court
of competent jurisdiction to whiclCan appeal has been taken, shall cause the
second notice to be recorded in'- the office`of Clerk of. Court.
14.6--All-subsequent transferees o -f the dwelling, dwelling unit or rooming unit
in connection'with which -,a second"`notice has been'so recorded shall be deemed to
have notice of the continuing ekistence`of the -violations alleged, and shall be
Liable to all penalties and procedures provided by this code and by applicable
rules and regulations -'issued pursuant thereto eo the same degree as was their
transferor.
Chapter 15
Penalties;
15.1 Any owner, occupant, operator, or agent of `a dwelling, dwelling unit,
or rooming unit who has received the second order or notice of a violation of
this code'shalLibe subject to 'a -maximum penalty of 100 dollars, or 30 days in
jail,' or both, -.for each dayreach violationcontinues after expiration of the
specified reasonable _consideration 'period; provided that no such penalty shall be
applicable while a r6codsideratiod,1 hearing or appeal to a court of competent
jurisdiction is`pending :in the matter. -
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Chapter 16
Corrective Action and Demolition
16.1 When corrective action is taken at the direction of the (appropriate
authority,), cost of corrective;ac,tion,shall-constitute a debt in favor of this
(name of..political,subdivision)-again at the owner of the structure. In the
event such owner ,fails, -,Z neglects,:,or refuses to pay (nave of political
subdivision) the amount,,o.f,this-debt ,_it shall.be.recoverable in a civil action
against 'the owner or:his.successor, brought in_a court of competent jurisdiction
.by (name of political -,.subdivision), which shall possess all rights of a private
creditor.
16.2 Designation of Unfit Dwellings, Dwelling:Units, and Rooming Units
16.2(1) Any dwelling, dwelling .unit, rooming ,unit, dormitory or dormitory
room shall -be designated.as.unfit'for human habitation when any of the
following defects or conditions is found, and when, in the judgment of the
(appropriate authority); such -.-defect creates a hazard to the health, safety,
or welfare of the.occupants.of-of.the public:
16.2(1 -1).. -Is -,damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin --infested.
16.2(1-2) Lacks the_`minimum required illumination, ventilation, or
required -sanitation facilities:;
16.2(1-3)._The general condition.of location is definitely unsani-
tary, unsafe;.or:unheaLthful.
16.2(2) Whenever any dwelling, dwelling unit, rooming unit, dormitory
or dormitory..room: has 'been designated as unfit for human habitation, the
(appropriate authority) shall placard the dwelling, dwelling unit, room-
ing unit, dormitory or dormitory room, indicating that it is unfit for
- human -habitation,; and, if%occupied, 'shall,.o.rder dwelling, dwelling unit,
or rooming. -unit vacated within -a reasonable time.
16.2(3) No dwelling, dwelling unit, rooming unit, dormitory or dormitory
room which has been designated'as unfit for human habitation, has been
.placarded as such -and vacated shall,be used again for human habitation
until written:approval is.secured,from the (appropriate authority) and
the placard.removed by the_.(appropriate authority).
16.2(4):_The (appropriate authority).shall rescind the designation as
unfit for human habitation`.and remove,;the.placard when the defect or
condition.upon which such designation and placarding was based has been
removed .or. eliminated andf the;;dweIling, -dwelling- unit, rooming unit,
dormitory or dormitory..room.is;deemed,by.the (appropriate authority) as
a safe,.:.sanitary, and fit place or unit for human habitation.
16.2(5): No person shall deface;or remove the placard from any dwelling,
dwelling unit, rooming unit, dormitory or dormitory room which has been
designated as unfit for_human habitation and has been placarded as such,
except as provided in Section 16.2(4).
16.2(6) Any person affec`.ed by any decision of the (appropriate authority)
or by any designation or.placarding of a dwelling, dwelling, unit, rooming
unit, dormitory ordormitory -room asunfit for human habitation shall be
granted a hearing on the matter before the (appropriate authority) under
the procedure.!set forth,•in;.Chapter 18 of. this code.
16.3 Demo_lition.of:�Dwellings,:Dwelling..-Units,-Rooming Units, Dormitories
or.Dormitory.Rooms_.-Designated.as,Unfit for Human,Habitation:
16.3(1) -`-The (appropriate authority)••shall order a dwelling, dwelling
unit, rooming unit dormitory- or dormitory. room to be demolished if it
has been designated as unfit'for human habitation, has been placarded
as such, has been vacated, has not been put into proper repair so as to
rescind the designation as nnfi.t fnr human habitation and -to cause the
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placard to.be.removed, and,:is,determined' by:,the (appropriate authority)
not to warrant--repa r,under Paragraph,16.1(1).
16.3(2) The:owner of any„dwelling, dwelling unit, or rooming unit,
dormitory or dormitory.room,which has..7been ordered demolished shall be
given notice.of.--this-'order.:.in the,:manner provided for service of notice
in Chapter 14 and shall be given a reasonable time, not to exceed ninety
(90) days, to demolish such structure.
16.3(3) Any owner.aggrieved;by --tho notice -to demolish may within 10 days
after notice se'ek.a.reconsideration of;the-matter in the manner hereinafter
provided, and may seek a formal hearing in the manner provided in Chapter 1.
16.3(4) When the owner fails, -neglects', or: -refuses to demolish an unfit,
unsafe, or unsanitary dwelling,, -dwelling unit, rooming unit, dormitory
or dormitory room within the requisite time, the (appropriate authority)
may _apply to a court -of competent jurisdiction for a demolition order.
The court may grant such,_order.,when,no;reconsideration or hearing on the
matter is pending. The cost of such demolition shall create a debt in
favor of this (name; of -political subdivision) against such owner, and
shall -be recoverable_in a civil action -:brought by this (name of political
subdivision),which shall possess,all-the rights of a private creditor.
Tn the.event-of an emergencyor immediate.hazard, the appropriate authority
shall have the authority.to-Aemolish,without theconsent of the owner.
16.3(5) Whenever a'dweLLing.is demolished, whether carried out by the
owner or,by the.>(appropriate!'authority),, such demolition shall include
the filling. -in of the excavation on which.the demolished dwelling was
located, in such manner as to eliminate all potential danger to the
public health,, safety, or welfare arising from such excavation. Also,
control of entry,for-the demolition site;; shall be adequately maintained
for the purpose -of safety Ind health.
16.3(6) All demolition shall be. preceded by;an inspection of the premises
by the appropriate authority to determine whether or not extermination
procedures are -,necessary.' -:If the premises.are found to be infested,
appropriate rat extermination toprevent-.the.spread,of rats to adjoining
or other areas shall be instituted before -,=during, and after demolition.
.,Chapter 17
Collection and Dissemination
of Information
17.1 The (appropriate authority) is hereby a-thorized to.collect and disseminate
_information concerning techniques:,o.f.mai'ntenance, repair, and sanitation in
housing, and.concerning the requirements -of this code and applicable rules
and regulations -issued pursuant thereto..
.,,Chapter 18
Applications for,.Reconsideration;
Conferences; Hearings; Appeals
Alternative -A*
18.1 Application for Reconsic:eration
18.1(1) Any person aggrieved by a notice of the (appropriate authority)
issued in connection with any alleged violation of this code or of appli-
cable rules and regulations issued pursuant thereto, or by any order
requiring corrective action demolition pursuant to Chapter 16 may apply
'These should be considered as independent -alternatives and the local community
must determine the most appropriate._
i
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•
to the (appropriate -`authority) for.'a reconsideration of such notice or
order within twenty-one- (21) 'days' after it' -has been issued.
18.,1(2) The (appropriate authority) shall set a time and place for an
informal conference on the�'matter-within ten=(10) days of the receipt
ofsuchapplication rand shall-adviseitIhe'applicant of such time and
place in writing. --
18.1(3) At the informal conference, the applicant shall be permitted to
Present hisgrounds for`believiLig that the`ordnr should be revoked or
modified to one or' -more representatives`of'the (appropriate authority).
18.1(4) Within ten,(10) days 'following the close of the informal con-
ference the(appropriateauthority) shall "advise the applicant wh;ther
or not it_wi11`modify'or set aside the notice -or order issued by the
(appropriate°authoi ty).'
18.2 Hearings (For= -use with-reconsideration:•procedure).
18.2(1) Any person"aggrieved•by a'notice�of-the (appropriate authority)
issued in-connection'with'=any alleged=violation of the provisions of this
code or of any applicable:-rules'and;regu-lations pursuant thereto, or by
any order requiring_=corrective action pursuant to Chapter 16 may file
with this (Hearing Agency)'a petition setting forth his reasons for con-
testing the notice, or order.
18.2(2)- Such -petition: -shall .be -`filed within twenty-one (21) days after
the notice or order,is served on petitibner in'the manner prescribed
by Chapter 14.
18.2(3) Upon-receipt'of-a-valid"`petition,the (Hearing Agency) shall
.either grant or`deny `the hearing requested, and shall advise petitioner
of its decision in writing within ten (10) days of the day on which his
petition -was received':' -
18.2(4) When the (Hearing -Agency) determines to hold -a hearing, it shall
serve petitioner'with'notice'of•'its decision in the manner provided for
service -of notice-in..Chapter='14. -Such notice shall be served within
ten (10) days of the receipt of the petition.
18.2(5) At the hearing, the petitioner shall be given an opportunity to
show cause why the notice or order should be modified or withdrawn, or
why the period of time permitted for compliance should be extended.
18.2(6) The (Hearing Agency) -shall have the power to affirm, modify or
revoke the notice or order, and may grant an extension of time for the
performance of any act required of not more than 2 additional months where
the=(Hearing Agency) ..finds that there :is _practical -difficulty or undue
hardship connected>aith'the'performance of any act required by the pro-
visions 6f this'codec-or by applicable=rules.or'regulations issued pursuant
thereto, and that such extension�is in harmony with the general purpose
of this code to.secure the public health, safety and welfare.
18.2(7) The (Hearing Agency-) may -grant variances from the provisions of
this code or from `applicablerules and regulations issued pursuant thereto
when the (Hearing Agency)''finds'ethat"`there is'practical difficulty or un-
necessary hardship connected with the performance of any act required by
this code and applicable '•rules=and regulations pursuant thereto; that
strict adherence to such _Provisions `would be arbitrary in the case at hand;
that extension would not provide an appropriate remedy in the case at hand,
and that such variance is in harmony with the general purpose of this code
to secure the public health, safety and welfare.
Alternative B
18.1 Formal Conference; Referees'
*These should be considered as independent alternatives and the local community
must determine the most appropriate.
U
X
S
18.1(1) - Any. person _aggrieved by,, -,a notice of the (appropriate authority)
issued in: connection with..anycalleged, violation of this code or of appli-
cable rules and.regulations,-issued_pursuant_;,thereto, or by any order
requiring.repair or demolition pursuant to.Chapter 16 may petition the
(appropriate authority) for -a conference -on -the matter. The petition may
be filed by means;cf-a letter, setting forth the -petitioner's grounds for
contesting the notice or order and must_be received by the (appropriate
authority) within twenty-one (21) days after such notice or order was
served on the petitioner.
18.1(2) The (appropriate authority) shall set a time and place for the
conference and shall advise the petitioner in writing of such time and
place, within tea (10) days of the receipt of his petition.
18.1(3) The (appropriate authority) shall designate one or more referees
to preside at such conierence.
18.1(4). The -,referee is hereby authorized to administer oaths and affirma-
tions and -to -subpoena any witnesses or documents which may be introduced
before him.
18.1(5) A verbatim record of the proceedings 1. before the referee shall be
kept _for -.each conference,
18.1(6)- Within ten jl0) days_following.the c.los.e.of each conference, the
referee shall affirm, set aside or modify the notice or order contested
by the petitioner, -,and shatl-advise the petitioner and the (Hearing Agency)
of his decision in writing.
18.2 Hearing (For use with formal conference procedure)
18.2(1) Any person..aggrieved by the decis-ion of the referee may file a
petition for hearing before the (Hearing Agency) within twenty-one (21)
days after such decision.has,been,rendered_and served upon petitioner in
the manner prescribed for the service of -notice in Chapter 14.
18.2(2): .Upon receipt of a valid petition, the (Hearing Agency) shall grant
the-hearing+requested, and shall advise petitioner of its decision in
writing within-ten=(10) days of the -day on which his petition was received.
18.2(3) When the (Hearing,,Agency) determines to hold a hearing, it shall
sgrve petitioner_with'notice..of.its'decision. in the manner provided for
`Rrvice of notice in Chapter l4. .The (Hearing Agency) shall also notify
e(appropriate'authority),_of'its"determination, and shall request that
transcript of _the::record of the conference held pursuant to Paragraph
18.1 be filed-with:'the (Hearing,Agency) within days of the announce -
meat of the decision.
18.2(4) At the hearing, the petitioner shall be given an opportunity
to show .cause.why the;.notice or order.should be modified or withdrawn,
;,w.or why -the period oftimepermitted for compliance should be extended
.-s .
18.2(5) The hearing shall be on the record of the conference. The
(Hearing Agency), after consideration of the record as a whole, may
affirm, modify or revoke the notice or order, and may grant an extension
of time for the performance of any act...of not more than additional
months, where the (Hearing Agency).finds that there is practical di:_iculty
or undue hardship connected with performance of any act required by the
provisions of this code or by applicable rules or regulations issued
pursuant thereto, and that such extension is in harmony with the general
purpose of this code to secure'; the public health, safety and welfare.
18.2(6) The (Hearing Agency) may grant variances from the provisions of
;:this code or from applicable rules and regulations issued pursuant
thereto, when the (Hearing Agency)_ finds_ that there is practical diffi-
culty or undue hardship ,connected with the performance of any act required
by this code and applicable rules and regulations pursuant thereto; that
strict adherence to such provisions would be arbitrary in the case at hand;
that extension would not provide an appropriate remedy in the case at hand;
and that such.variance is in harmony with the general purpose of this code
which is to secure the public health, safety and welfare.
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decision be set aside in-whole:or'in. part. A`copy of each petition so filed
`shall be forthwith transmitted -to the'(Hearing Agency) which shall file in court
a -record of theproceedings+upon-which it based its -'decision. Upon the filing
of such record; the:court=shall"affirm, modify, -or vacate the decision com-
pLained of in whole or.in part'. LThe findings of (Hearing Agency) with respect
to questions of fact shall be sustained if supported by substantial evidence
on the record, -considered as a whole.
Chapter 19
Emergencies
L9.1 Whenever, in the:,judgment of:the (appropriate authority), an emergency
or immediate hazard-exirequires immediate action to protect the.
public health, safety, or welfare, an order maybe issued, without notice,
conference, or hearing, directing -the -owner, ,:occupant, operator, or agent to
take appropriate action;to correct or.abate the emergency. If circumstances
warrant, the (appropriate authority) may act to correct or abate the emergency.
19.2 The owner, occupant, operator, or agent -shall be granted a conference
on the matter upon his:request, as.soon as practicable, but such conference
shall in no case stay the abatement of correction of such emergency.
Chapter 20
Conflict of Ordinances; Effect of
Partial Invalidity
} 20.1 In any case where a provision of this code is found to be in conflict
with.a provision of any zoning, building, fire, safety, or health ordinance or
code of this (name of -political subdivision) existing on the effective date of
this code, the provision which establishes the higher standard for the practical
promotion and protection,of the -health and safety of the people sha1-1 prevail.
In any case, where a:provision:of;this code is found to be in conflict with a
provision of any other ordinance:or code of this (name of political subdivision)
existing on the effective date -=of -this ordinance which establishes a lower
standard for the, promotion and protection of the health and safety of the people,
- the provisions,of,.this code shall be.deemed .to prevail, and such other ordinances
or codes are hereby declared to be repealed to the extent that they may be found
in conflict with this code. -
20.2 If any chapter, paragraph, sentence, clause, or phrase of this code
should be.declared`invalid for any reason whatsoever, such decision shall not
affect the remaining portions of this code, which shall remain in full force
and effect; and to this end the -provisions of this code are hereby declared
to be severable
Chapter 21
Effective Date
21.1 This code shall be effective on and after the lst day of July, 1974.