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HomeMy WebLinkAboutBy-Laws6 y Lo,,)s Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 11-337 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY BOARD OF APPEALS WHEREAS, the by-laws of the Iowa City Board of Appeals have not been updated since 2003, and the Ordinance relating to the composition of the Board changed on October 18, 2011; and WHEREAS, the Iowa City Board of Appeals revised and unanimously approved the following; 1. Reduction in the number of members from seven (7) to five (5). 2. Opening up to qualified trade representatives if no professional applies or is appointed after three months 3. Opening up to two non-residents if no residents apply after three months at their August 1, 2011 meeting, and; WHEREAS, the City Council Rules Committee met on September 9, 2011 and reviewed the by-laws and recommended approval of items 1 and 2, and forwarded no recommendation on item 3; and WHEREAS, the City Council determined not to approve item 3 of the recommended changes; and WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws attached hereto and incorporated by reference herein are approved and adopted by the City Council. Passed and approved this 18th day of ATTEST: - CI LERK october ,2011. i_g MAYOR Appro d By: 4 City Attorney's Office It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x X x x s/resoIutiontoamendbylaws2.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Iowa open meetings law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting, but not less than three (3), at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of five (5) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. If a qualified trade representative does not submit an application within three (3) months of the announcement of the vacancy, a member may be appointed who is qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Buildinci Official. The Building Official shall bean ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICI_F_ III OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson. When so acting, the Vice -Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council.From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals shall be filed, heard, and decided as provided by City ordinance. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meeting at which the proposed amendment appears on the agenda. The notice shall include the general character of proposed amendment. Upon approval by the City Council, such by-laws shall take force and effect. Section 2. All previous bylaws are repealed. 0 -U9-03 15 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356=5030 RESOLUTION NO. 03-289 RESOLUTION APPROVING BY-LAWS OF THE BOARD OF APPEALS. WHEREAS, the Board of Appeals revised and unanimously adopted by-laws; and WHEREAS, it is in the public interest to adopt by-laws which set forth the duties, officers, members and meeting schedule of the Board of Appeals; and WHEREAS, the by-laws provide that they are not effective until approved by the City Council; WHEREAS, the Council Rules Committee has reviewed the proposed by-laws and has recommended adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the by-laws of the Board of Appeals, which are attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 9th day of September , 2003. ATTEST: &&&�� 2L ClTftLERK Sue\OrdRes\ByLawsBdAppRes.doc " OR - 9� - r w Approved by (Z�� �� ;�� - t C(- - C, City Attorney's Office Resolution No. 03-289 Page 2 It was moved by Wilburn adopted, and upon roll call there were: AYES: and seconded by Vanderhoef the Resolution be NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Iowa open meetings law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall be an ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to.remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion'of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice_ -Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson. When so acting, the Vice -Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals shall be filed, heard, and decided as provided by City ordinance. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meeting at which the proposed amendment appears on the agenda. The notice shall include the general character of proposed amendment. Upon approval by the City Council, such by-laws shall take force and effect. Section 2. All previous bylaws are repealed. Board Chair Date Sue/H IS/BdApp Bylaws.doc City of Iowa City MEMORANDUM DATE: July 19,1995 TO: Ron Boose FROM: Marian K. Karr% RE: Bd. of Appeals I know new Board of Appeals by-laws were approved in March of this year (see attached). However, there was no reference made to repealing resolutions designating Housing Commission as the Board of Appeals or certifying membership on the Board (attached) . Is there a need to repeal these two resolutions and clean up the origin of the Bd. of Appeals? cc: Steve Nasby RESOLUTION NO. 95-65 RESOLUTION ADOPTING THE BYLAWS OF THE IOWA CITY BOARD OF APPEALS. WHEREAS, the Bylaws for the Board of Appeals were last approved by City Council on February 15, 1977, and WHEREAS, the scope of responsibilities and qualifications for membership for the Board have changed recently, and WHEREAS, the Board wishes to adopt new Bylaws to reflect and incorporate these changes, and WHEREAS, the City Council Rules Committee has reviewed and supports these new Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Bylaws of the Iowa City Board of Appeals as attached hereto are approved as to form and content and are hereby adopted. Passed and approved this 28th day of 'March . 1995• kl! YOR Approved by by ATTEST: CITY ' -CLERK C Wivy ttorney's Office _ It was moved by Pigott and seconded by hrn;*nnrrnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott _X Throgmorton tusblgWylaws.res BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chair- person or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the State Open Meetings Law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall act as secretary to the Board. 2 Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occur- ring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, and each shall be elected by members of the Board. Section 2. Eiection and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice_Chairper5o_ n. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson. When so acting, the Vice -Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Acenda. The Chairperson or a designated representative, together with appropn- ate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. 3 Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated represen- tatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTIri F v DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes. The Board shall also hear evidence and decide upon the appropriateness of proposed alternate materials and methods of construction to those prescribed by the aforementioned codes. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals and requests for use of alternate materials or methods of construction shall be in writing and shall be directed to a specific staff decision or code requirement. Board consideration shall be limited to said specific item. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the appellant or applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. imi Lions of Authgnw The Board shall have no authority relative to the interpre- tation of the administrative provisions of the codes under their jurisdiction nor shall the Board be empowered to waive specific requirements of the Building, Electrical, Plumbing, Mechani- cal, Dangerous Buildings or Fire Codes. 4 ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compen- sating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. n:egbr%w..b" RESOLUTION NO. 78-187 RESOLUTION CERTIFYING MEMBERSHIP ON THE HOUSING APPEALS BOARD WHEREAS, the City of Iowa City, Iowa, on January 10, 1978 appointed the membership of the Housing Commission to serve as the Housing Board of Appeals, and, WHEREAS, on May 9, 1978, the City of Iowa City, Iowa adopted the Housing Occupancy and Maintenance Code containing therein the provision that the City Council shall appoint membership to the Housing Appeals Board consisting of five (5) members and two (2) alternates who are members of the Housing Commission, none of whom are employees of the City, and, WHEREAS, the present Housing Commission membership consisting of Stephen Lombardi, Carole Ivie, Jerald W. Smithey, Cora B. Pollock, and Mary P. Owens, have agreed to serve as the five members of the Housing Appeals Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The five regular members of the Housing Commission so named above shall be appointed as regular members of the Housing Appeals Board. BE IT FURTHER RESOLVED, that: When the Council appoints two new members to the Housing Commission, that they will by this Resolution be appointed to the Housing Appeals Board to serve in a capacity as alternate members. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x deProsse x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of May 1978. ATTEST: aa;-'jz�� City Clerk ayor Pro Tem RECEIVED & APPR^ ED BY THE LEGAL DEPALUENT no RESOLUTION NO. 78-10 A RESOLUITION DESIGNATING THE HOUSING CONMISSION AS TiIE BOARD OF APPEALS FOR THE MINIMUM! HOUSING ORDINANCE, CHAPTER 9.30 OF THE MUNICIPAL CODE OF IOWA CITY. WHEREAS, the City of Iowa City had formerly designated the Board of Appeals to hear appeals from both the Uniform Building Code and the Minimum Housing Code, and WHEREAS, the City of Iowa City has established a Housing Commission by Resolution No. 70-121, and WHEREAS, the City of Iowa City now deems it in the public interest to desig- nate the Housing Commission as the Board of Appeals for the MinimmL n Housing Code. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Housing Commission of the City of Iowa City shall henceforth assume the powers and duties of the Board of Appeals for the Minimum Housing Code. 2. That the Housing Commission of the City of Iowa City shall henceforth be named the Housing Commission/Board of Appeals for the City of Iowa City. 3. That the Housing Commission/Board of Appeals shall adopt by-laws, rules and regulations which they deem necessary and advisable for the conduct of the Commission. + It was moved by N euhauser and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ADSMIT : x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this loth day of January Mayor ATTEST City Clerk �� LEGAL Dl,, 'A-..,._:: . 1978. RESOLUTION NO. 95-65 RESOLUTION ADOPTING THE BYLAWS OF THE IOWA CITY BOARD OF APPEALS. WHEREAS, the Bylaws for the Board of Appeals were last approved by City Council on February 15, 1977, and WHEREAS, the scope of responsibilities and qualifications for membership for the Board have changed recently, and WHEREAS, the Board wishes to adopt new Bylaws to reflect and incorporate these changes, and WHEREAS, the City Council Rules Committee has reviewed and supports these new Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Bylaws of the Iowa City Board of Appeals as attached hereto are approved as to form and content and are hereby adopted. Passed and approved this 28th day of March , 1995. ATTEST: CITY CLERK r -1-14w ".( -A - A MAYOR Approved by `fCi y Attorney's Office It was moved by Pigott and seconded by Thrnemori-on _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick �y Pigott -x Throgmorton hisblg\bylaws.res BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chair- person or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the State Open Meetings Law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall act as secretary to the Board. 2 Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occur- ring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson. When so acting, the Vice -Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropri- ate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. 3 Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated represen- tatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes. The Board shall also hear evidence and decide upon the appropriateness of proposed alternate materials and methods of construction to those prescribed by the aforementioned codes. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals and requests for use of alternate materials or methods of construction shall be in writing and shall be directed to a specific staff decision or code requirement. Board consideration shall be limited to said specific item. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the appellant or applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the interpre- tation of the administrative provisions of the codes under their jurisdiction nor shall the Board be empowered to waive specific requirements of the Building, Electrical, Plumbing, Mechani- cal, Dangerous Buildings or Fire Codes. 4 ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compen- sating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. his ft%bVlaws.b" RESOLUTION NO. 78-187 �`'°'j RESOLUTION CERTIFYING MEMBERSHIP ON THE HOUSING APPEALS BOARD WHEREAS, the City of Iowa City, Iowa, on January 10, 1978 appointed the membership of the Housing Commission to serve as the Housing Board of Appeals, and, WHEREAS, on May 9, 1978, the City of Iowa City, Iowa adopted the Housing Occupancy and Maintenance Code containing therein the provision that the City Council shall appoint membership to the Housing Appeals Board consisting of five (5) members and two (2) alternates who are members of the Housing Commission, none of whom are employees of the City, and, WHEREAS, the present Housing Commission membership consisting of Stephen Lombardi, Carole Ivie, Jerald W. Smithey, Cora B. Pollock, and Mary P. Owens, have agreed to serve as the five members of the Housing Appeals Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The five regular members of the Housing Commission so named above shall be appointed as regular members of the Housing Appeals Board. BE IT FURTHER RESOLVED, that: When the Council appoints two new members to the Housing Commission, that they will by this Resolution be appointed to the Housing Appeals Board to serve in a capacity as alternate members. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x deProsse x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of May 1978. ATTEST: 2& City Clerk ayor Pro lem RECEIVED & APPR' 'VFD BY THE LEGAL DEPA 'M MT BYLAWS FOR BOARD OF APPEALS 1. The board of appeals shall meet at the call of the chairperson, or when requested,by the building official or the housing inspector. 2. The chairperson of the board of appeals shall be elected by a majority of the entire regular uelmbership at the first meeting of each calendar year, to serve for a term of one calendar year. A vice -chairperson shall be elected in the same manner at the same time for a term of one calendar year. 3. The chairperson of the board of appeals shall preside at all meetings, shall conduct all hearings, and exercise and perform such other powers and duties as may be from time to timme assigned to him or her by the board of appeals or prescribed by the bylaws. In presiding at meetings and hearings, the chairperson shall rule on procedure and on order of presentation. 4. A quorum of the board of appeals shall be any three (3) webers. 5. The board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be enpowered to refuse to receive the testimony of any purported expert not so qualified. 6. In the absence or the disability of the chairperson, the vice -chairperson shall perform all the duties of the chairperson and when so acting shall have all the powers of, and be subject to all the restrictions upon, the chairperson. 7. In the absence of both the chairperson and the vice -chairperson of the board of appeals, a chairperson pro terr ore shall be elected from among those regular merrbers present by a majority vote of all the board present. 8. Should any member have knowledge of any facts which may constitute a conflict of interest in his consideration of any appeal, he shall forthwith notify the building official or the housing inspector, and the chairperson, of said fact. 9. The building official shall be the secretary of the board, and shall keep, or cause to be kept, minutes of the proceedings of the board of appeals and shall prepare an agenda for each meeting which shall be furnished man bers prior to the actual hour of the meeting. The secretary shall, in addition, be custodian of the records of the board of appeals and shall, upon the filing of an appeal, furnish each regular member with a copy of the letter of appeal. 10. Appeals from decisions of the building official or the housing inspector shall be in writing, shall be directed to a specific decision of the building official or housing inspector and consideration of said appeal by the board of appeals shall be limited to the said specific decision. 11. Appeals will be heard at meetings called pursuant to law by the presiding officer or by a majority of the members of the board. Hearings shall be scheduled within thirty (30) days of the receipt of a written appeal, unless both the appellant and the chairperson agree to a continuance. -2- 12. The decision of the board of anx-,als on an al4xp -al shall be final. 13. Decisions rendered by the board shall be in writing and shall stage the reason or reasons for the decision. 14. The board of appeals shall not hold executive sessions, unless authorized by law. 15. These bylaws may be amended by a vote of four of the regular members of the board of appeals, subject to the approval of the council. Adopted by Board of Appeals 2/3/77 RECEIVED & APPROVED �X 2.E LEGAL DEPARTMENT 204-205 UNIFORM BUILDING CODE Board of Appeals Sec. 204. in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of Five members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shaft be an ex oio member and shall be appointedll act as Secretary by the Governing of the Board. The Board of Appeals Body and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building official with a duplicate copy to the appellant and may recommend to the Governing Body such new legislation as is consistent therewith. Violations and Penalties See. 205. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, Firm, or corporation violating any of the provisions of this Code shalt be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation or any of the provisions of this Code is committed, continued, or permitted, and upon conviction or any such violation such person shall be punishable by a nine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. 28 1976 EDITION 301 Chapter 3 PERMITS AND INSPECTIONS Application for Permits Sec. 301. (a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official. (b) Application. To obtain a permit the applicant shall first file an ap- plication therefor in writing on a form furnished for that purpose. Every such application shall: I . Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by plans and specifications as required in subsection (c) of this Section; 5. State the valuation of the proposed work; 6. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority. 7. Give such other information as reasonably may be required by the Building Official. (c) Plans and Specifications. With each application for a building per- mit, and when required by the Building Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be sub- mitted. The Building Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. EXCEPTION: When authorized by the Building Official plans and specifications need not be submitted for the following: 1. One-story buildings of Type V conventional woodstud construction with an area not exceeding 600 square feet. 2. Group M, Division I Occupancies of Type V conventional woodstud construction. 3. Small and unimportant work. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of suf- ficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each 29 tFt AIRPORT COMMISSION AIRPORT ZONING COMMISSION AIRPORT ZONING BD. OF ADJUSTMENT ASSESSOR'S EXAMINING BD. BD. OF ADJUSTMENT '?r'kvr 4v '4 b BD. OF APPEALS P BD. OF ELECTRICAL EXAMINERS AND APPEALS Pla ,e BD. OF EXAMINERS OF PLUMBERS "?r�or BD. OF LIBRARY TRUSTEES ,& D BD. OF REVIEW BD. OF TRUSTEES FOR POLICE RETIREMENT BD. OF TRUSTEES FOR FIRE RETIREMENT BROADBAND TELECOMMUNICATION COMM. CITY CONFERENCE BD. CIVIL SERVICE COMMISSION `r COMMITTEE ON COMMUNITY NEEDS / 9 71, DESIGN REVIEW /975� HISTORIC PRESERVATION COMM. HOUSING COMMISSION HUMAN RIGHTS COMMISSION MAYOR'S YOUTH EMPLOYMENT BD. PARKS AND REC. COMMISSION PLANNING AND ZONING COMMISSION 5 PROJECT GREEN RESOURCES CONSERVATION COMMISSION RIVERFRONT COMMISSION /973 SENIOR CENTER COMMISSION 14-5A-1 14-5A-3 C CHAPTER BUILDING AND HOUSING ARTICLE A. BUILDING CODE' SECTION: 14-5A-1: Code Adopted 14-5A-2: Interpretation of Building Code Provisions 14-5A-3: Amendments to Code 14-5A-1: CODE ADOPTED: Subject to the following amendments, Volumes 1, 2 and 3 of the 1994 Edition of the Uniform Building Code (UBC) are hereby adopted and shall be known as the Iowa City Building Code or the Building Code. Interpretations of the Building Official shall be guided by the UBC application/ interpretation manual and the UBC Handbook. (Ord. 96-3724, 4-9-1996) 14-5A-2: INTERPRETATION OF BUIL- DING CODE PROVISIONS: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City. Any higher stan- dards in a State statute or City ordinance shall be applicable. (Ord. 96-3724, 4-9-1996) 14-5A-3: AMENDMENTS TO CODE: The following sections of the 1994 Edition of the Uniform Building Code are amended as follows: Section 106.2. Delete Section 106.2 and insert in lieu thereof the following: 106.2 Work exempt from permit. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses; provided the floor area does not ex- ceed one hundred forty-four (144) square feet. 2. Fences not over six (6) feet in height2. 3. Movable cases, counters and par- titions not over five (5) feet nine (9) inches high. 4. Retaining walls which are not over four (4) feet in height measured from the top of the footing to the top of the wall unless the wall supports a sur- charge or impounds flammable liquids. 5. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and if the ratio of height to diameter or width does not exceed two -to -one (2:1). 1. See Section 14-6U-2 of this Title for building permit required and Section 14-6U-3 of this Title for certificate of occupancy. 2. See also Section 14-6P-1 of this Title. Iowa City 896 14-5B-1 14-5B-2 CHAPTER 5 BUILDING AND HOUSING ARTICLE B. PLUMBING CODE SECTION: 14-513- 1: Code Adopted 14-513- 2: Amendments to Code 14-513- 3: Cross Connection Control - Provisions 14-513- 4: Garage Floor Drains 14-56- 5: Connections to the Public Sanitary Sewer 14-513- 6: Licensing Requirements for Plumbers 14-56- 7: Plumbing Permit Requirements 14-513- S: Inspections 14-56- 9: Duties of Plumbing Inspector 14-513-10: Violations and Penalties 14-513-11: Appeal 14-56-1: CODE ADOPTED: Subject to the amendments described in Section 14-513-2 below, Chapters 2 through 12 of the 1994 Edition of the Uniform Plum- bing Code promulgated by the International Association of Plumbing and Mechanical Officials are hereby adopted and shall be known as the Iowa City Plumbing Code or the Plumbing Code. (Ord. 96-3726, 4-9-1996) 14-56-2: AMENDMENTS TO CODE: The Plumbing Code adopted by Section 14-513-1 of this Article is hereby amended as follows: Section 202.0 Section 202.0 is amended by adding the following definitions: Iowa City Plumber, apprentice - The term "a- pprentice plumber" shall mean any person who works under the super- vision and guidance of a skilled jour- neyman or contractor for the purpose of learning the plumbing trade. Plumber, inactive - The term "ina- ctive plumber" shall mean any licensed plumber who is not currently employed nor actively participating in the plumbing trade. Plumber, journeyman - The term "journeyman plumber" shall mean any properly licensed person who is al- lowed to install plumbing only under the employ of a master plumber. Plumber, master - The term "master plumber" shall mean any properly licensed person who undertakes or offers to undertake, to plan for, lay out, supervise or perform plumbing work with or without compensation. Sewer and water service installer - The term "sewer and water service installer" shall mean any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the 896 14-5C-1 14-5C-2 CHAPTER 5 BUILDING AND HOUSING ARTICLE C. ELECTRICAL CODE SECTION: 14-5C-1: CODE ADOPTED: Subject to the amendments described in Sec- 14-5C- 1: Code Adopted tion 14-5C-2 below, chapters 1 through 9 of 14-5C- 2: Amendments the 1996 Edition of the National Electrical 14-5C- 3: Application To Existing Electrical Code, as amended, are hereby adopted, Systems And Equipment and this Article shall be known as the Iowa 14-5C- 4: Conflicting Provisions City Electrical Code, or the Electrical Code, 14-5C- 5: Alternate Materials And Methods as amended, and may be so cited. (Ord. Of Construction 96-3747, 9-10-1996) 14-5C- 6: Modifications 14-5C- 7: Tests 14-5C- 8: Powers And Duties Of Building 14-5C-2: AMENDMENTS: The Electrical Official Code, as amended, adopted by 14-5C- 9: Unsafe Electrical Systems Or Section 14-5C-1 of this Chapter is hereby Equipment amended as follows: 14-5C-10: Board Of Appeals 14-5C-11: Violations Article 100 is amended by deleting the 14-5C-12: Licenses definition of "Approved" and adding the 14-5C-13: Applications following definitions: 14-5C-14: Application And Examination Fees Approved, as to materials, equipment and 14-5C-15: Licensing Standards method of construction, refers to approval 14-5C-16: Reexaminations by the Building Official as the result of an 14-5C-17: Renewals investigation and test conducted by the 14-5C-18: Maintenance Electrician's Building Official, or by reason of accepted Certificate; When Required principles or tests by recognized authori- 14-5C-19: Restricted Electrician's License ties, technical or scientific organizations. 14-5C-20: Inactive License 14-5C-21: Permits Approved agency is an established and 14-5C-22: Application For Permit recognized agency regularly engaged in 14-5C-23: Permittee conducting tests or furnishing inspection 14-5C-24: Permits Issued services, when the agency has been ap- 14-5C-25: Insurance proved by the Building Official. 14-5C-26: Fees 14-5C-27: Inspections Building Code is the Uniform Building 14-5C-28: Connection Approval Code, as amended, promulgated by the International Conference of Building Offi- 1196 Iowa City 14-5E-1 14-5E-3 CHAPTER BUILDING AND HOUSING ARTICLE E. HOUSING CODE SECTION: 14-5E-1: SHORT TITLE: This Article shall be known and designated 14-5E- 1: Short Title as the Iowa City Housing Code, hereinafter 14-5E- 2: Purpose referred to as "the Housing Code". (1978 14-5E- 3: Definitions Code §17-1) 14-5E- 4: Scope of Provisions 14-5E- 5: Compliance with State Law 14-5E- 6: Administration and Enforcement 14-5E-2: PURPOSE: It is hereby declared Official that the purpose of the Iowa City 14-5E- 7: Inspections Housing Code is to ensure that housing 14-5E- 8: Access by Owner or Operator for facilities and conditions are of the quality Maintenance necessary to protect and promote the 14-5E- 9: Emergency Orders health, safety and welfare of not only those 14-5E-10: Placarding of Structures; persons utilizing the housing, but the gener- Condemnation Referrals al public as well. It is hereby further de- 14-5E-11: Fees clared that the purpose of this Article is to 14-5E-12: Rules and Regulations determine the responsibilities of owners, 14-5E-13: Appeals Board; Variances and operators, occupants and the City neces- Appeals sary to maintain and administer the stan- 14-5E-14: Notice of Violation dards of the Housing Code. (1978 Code 14-5E-15: Designation and Registration of §17-1) Designated Agent 14-5E-16: Certificate of Structure Compliance and Rental Permit 14-5E-3: DEFINITIONS: As used in this 14-5E-17: Minimum Structure Standards for Article, the following definitions All Dwellings shall apply. Whenever the words "dwelling", 14-5E-18: Minimum Structure Standards for "dwelling unit", "rooming house", "rooming All Rental Housing unit", "Type III dwelling unit" or "premises" 14-5E-19: Responsibilities of Owners are used in this Article, they shall be con - Relating to the Maintenance strued as though they were followed by the and Occupancy of Premises words "or any part thereof'. Whenever the 14-5E-20: Responsibilities of Occupants term "dwelling unit(s)" is used in this Arti- Relating to the Maintenance cle, it shall include Type III dwelling unit(s). and Occupancy of Premises 14-5E-21: Title 24 of the Code of Federal ACCEPTABLE or APPROVED: In substan- Regulations; Section tial compliance with the provisions of this 882.109(a) through (1); Article. "Housing Quality Standards" Iowa City 14-5E-3 14-5E-7 located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals but does not have a toilet or bath available for the exclu- sive use of the occupants thereof. (1978 Code §17-2; 1994 Code) 14-5E-4: SCOPE OF PROVISIONS: The provisions of this Article shall apply to all dwellings within the jurisdiction of the City used or intended to be used for human occupancy, except said provisions shall not be applicable to temporary hous- ing, as defined herein. (1978 Code §17-1) 14-5E-5: COMPLIANCE WITH STATE LAW: The City, in compliance with the requirements of the Code of Iowa, as amended, hereby adopts the December 17, 1979, version of the Housing Quality Standards promulgated by the United States Department of Housing and Urban Development (24 C.F.R. Section 882.109[a] through [1]) as the adopted model Housing Code for the City, as amended. The City has integrated the Housing Quality Stan- dard in Sections 14-5E-1 through 14-5E-20 of this Article, which provisions, to be en- forced by the City, are as stringent as, or more stringent than, those in the model Housing Code as adopted. (1978 Code §17-1; 1994 Code) 14-5E-6: ADMINISTRATION AND EN- FORCEMENT OFFICIAL: The inspector is hereby authorized to administer and enforce the provisions of the Housing Code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures and premises located within the City, in order that the inspector may perform the duty of safe- guarding the health, safety and welfare of the occupants of dwellings and of the gen- eral public under the provisions of the Housing Code. (1978 Code §17-3) 14-5E-7: INSPECTIONS: A. Inspection of Owner -Occupied, Single -Family Dwellings: Inspections of owner -occupied, single-family dwellings shall occur only upon re- quest or complaint to the inspector, and only the standards of Sections 14-5E-17, 14-5E-19 and 14-5E-20 of this Article shall be applicable. B. Inspections of Structure Items: The provisions of Sections 14-5E-17 and 14-5E-18 of this Article in effect at the time of issuance of a certificate of structure compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a cer- tificate of structure compliance, there shall be no further inspection and enforcement of the structure items under Sections 14-5E-17 and 14-5E-18 of this Article. C. Maintenance Inspections: Inspections of the provisions of Section 14-5E-19 of this Article shall be conducted upon request, on a complaint basis and/or through a program of regular rental inspections. Regular inspections shall be conducted as determined by reso- lution of the City Council. D. Right to Access by Inspector, Iowa City 1. The inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City in order to perform the duty of safeguarding the health, safety and general welfare C l