HomeMy WebLinkAbout~Master - Establishing Rental Housing Minimum Standards t
Aug usi47
ORDINANCE NO. 2375
AN ORDINANCE ESTABLISHING ARTICLE I , CHAPTER 19 OF THE MUNICIPAL CODE OF
THE CITY OF AMES, DESIGNATED AS THE HEALTH AND SAFETY ORDINANCE FOR
RENTAL HOUSING; DEFINING TERMS USED; CREATING A HOUSING BOARD OF APPEALS,
ITS MEMBERSHIP , APPOINTMENT, REAPPOINTMENTS, POWERS AND PROCEDURES ;
PRESCRIBING MINIMUM STANDARDS FOR RENTAL HOUSING AND ROOMING HOUSES;
PROVIDING FOR THE INSPECTION OF RENTAL HOUSING; AND, ESTABLISHING ENFORCE-
MENT PROCEDURES WITH DELINEATION OF RESPONSIBILITIES.
IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA:
Section 1. Article I is hereby added to Chapter 19 of the
Municipal Code of the City of Ames , Iowa, as follows :
ARTICLE I. RENTAL HOUSING ORDINANCE-.-MINIMUM STANDARDS
DIVISION 1. GENERAL PROVISIONS
Sec. 19-1001. Purpose.
The purpose of this article is to promote the health, safety
and general welfare of the inhabitants of the City of Ames, Iowa,
by establishing basic minimum standards with regard to the con-
dition, maintenance and occupancy of dwellings used or occupied
as or available for human habitation, other than owner occupied
single family dwellings , as hereinafter defined. These standards
are intended to ensure that rental housing in the City of Ames is
safe , sanitary and suitable for human habitation.
Sec. 19-1002 . Scope.
This article applies to all dwellings , except owner occupied
single family dwellings , whether existing as of the effective
date hereof or thereafter constructed, within the City of Ames
and in any area adjacent to and within one mile of the City,
except estates of real property of ten acres or more in said
adjacent area. Publicly owned housing located on public property
and under the supervision of a public official is also excepted
from the provisions of this article.
Sec. 19-1003. Short Title.
This article shall be known and cited as the "Rental Housing
Ordinance. "
Sec. 19-1004. Compliance.
No person shall occupy as a tenant or shall rent or let to
another for occupancy any dwelling to be used for dwelling pur-
poses which does not comply with the minimum standards prescribed
in this division.
Sec. 19-1005. Definitions and Rules of Construction.
For the purpose of interpreting this article , certain words ,
terms and expressions are herein defined. Words used in the
present tense include the future; the singular number includes
the plural, the plural includes the singular; the word "shall"
is always mandatory. The words "dwelling" , "dwelling unit" ,
"rooming house" , "rooming unit" and "premises" shall be construed
as though they were followed by the words "or any part thereof. "
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(1) Apartment: Any dwelling unit as defined in this article.
(2) Apartment House : Any building, or portion thereof, which is
designed, built, rented, leased, let or hired out to be
occupied, or which is occupied as the home or residence of
three or more families living independently of each other
and doing their own cooking in said building.
(3) Boarding House : Any building, other than a hotel , fraternity
house , or sorority house, where meals are regularly served
for compensation to one or more persons not members of the
family there residing.
(4) Dormitory : Any dwelling under single management, providing
group sleeping accomodations for persons not members of the
same family group in which several persons occupy large rooms
or a series of closely associated rooms . Dormitory includes ,
but is not limited to, fraternity and sorority houses .
(5) Dwelling: Any house or building, including mobile home, or
portion thereof which is occupied or available for occupancy,
in whole or in part as the home or residence of one or more
human beings , either permanently or transiently.
(6) Dwelling Unit: One or more habitable rooms which are occupied
or are intended to be occupied by one family for living,
sleeping, cooking and eating.
(7) Extermination: 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 pest elimination methods approved by
the city sanitarian.
(8) Family : An individual , or two or more persons related to one
another by blood, marriage, or legal adoption, including foster
children, and not more than two roomers ; or in the alternative,
not more than three unrelated persons .
(9 ) Garbage : The animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
(10) Habitable Room: Any room meeting the requirement of this
article for sleeping, living, cooking or dining purposes
excluding such enclosed spaces as closets , pantrys , bath or
toilet rooms , service rooms , connecting corridors , utility
rooms and similar spaces .
(11) Housing Inspector: Official of the City of Ames and his
designated assistants appointed to administer the provisions
of this article.
(12) Infestation: The presence , within or around a dwelling of
insects , rodents or other pests .
(13) Multiple Dwelling: Any dwelling containing more than two (2)
dwelling units.
(14) Occupant: Any person living, sleeping , cooking, or eating
in, or having actual possession of a dwelling, dwelling unit
or rooming unit.
(15) Operator : Any person who has charge, care or control of a
building including one (1) or more dwelling or rooming units
for which rent is paid in money , goods , labor, service or
otherwise.
(16) Owner: Any person who, alone or jointly in common with others ,
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has legal title to any dwelling, dwelling unit or rooming
unit with or without accompanying actual possession thereof,
or who has charge, care or control of any dwelling, dwelling
unit, or rooming unit as owner or agent of the owner, or as
executor, administrator, trustee or conservator of the estate
of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this
ordinance to the same extent as if he were the owner.
(17) Owner Occupied Single Family Dwelling: Any detached residence,
no part of which is being rented or leased to others , which
is occupied for living purposes by the record title holder.
(18) Person: A natural person, his heirs , executors , administrators
or assigns and also includes a firm, partnership or corporation,
its or their successors or assigns , or the agent of any of the
aforesaid.
(19) Plumbing: Includes the following supplied facilities and
equipment: gas pipes , gas-burning equipment, water pipes,
garbage disposal units , waste pipes , water closets , sinks ,
dishwashers , lavatories , bathtubs , shower baths , clothes
washing machines , catch basins , drains , vents , and any other
similar supplied fixtures or facilities , together with all
connections to water, sewer or gas lines.
(20) Rental Unit: Any dwelling, dwelling unit, or rooming unit,
or any portion of any of the foregoing for which rent is paid
in money, goods , labor, services or otherwise.
(21) Rooming House: A dwelling or part of a dwelling, other than
a hotel or motel but including a fraternity or sorority house
and a dormitory containing one (1) or more rooming units in
which space is let, leased or provided by the owner or operator.
(22) Rooming Unit: Any room or group of rooms forming a single
ha ita lee u—nit used or intended to be used for living and
sleeping but not for cooking or eating purposes .
(23) Rubbish : Any combustible or non-combustible waste materials,
except garbage, including but not limited to the residue from
the burning of wood, coal, coke and other combustible material,
paper, rags , cartons , boxes , wood, excelsior, rubber, leather,
tree branches , yard trimmings , cans , metals, mineral matter,
glass crockery, plastics , and dust.
(24) Supplied: Paid for, furnished, provided by or under the con-
trol of the owner or operator.
DIVISION 2. HOUSING BOARD OF APPEALS
Sec. 19-1011. Housing Board of Appeals created; membership;
appointment; terms ; vacancy; removal, compensation.
There is created a Housing Board of Appeals consisting of five
(5) members who shall serve without compensation. The mayor, with
the approval of the city council, shall nominate and appoint five
(5) electors of the city as members of the Housing Board of Appeals .
Two (2) of the members so appointed shall serve until April 1, 1973;
two (2) of the members so appointed shall serve until April 1, 1974 ;
and one (1) member so appointed shall serve until April 1 , 1975.
Members subsequently appointed by the mayor with the approval of
the city council shall serve for three (3) years ; provided, however,
that no member of the board shall be eligible for more than one (1)
reappointment to the board and in no case shall serve more than six
(6) consecutive years. Vacancies on the board shall be filled by
appointment in the same manner for unexpired terms . Any and all
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members may be removed by the mayor with the approval of the city
council at any time and for any reason.
Sec. 19-1012. Organization, officers of the board; secretary.
Immediately upon appointment, members of the Housing Board of
Appeals shall organize and select one (1) member as chairman and
one (1) as vice-chairman. The city clerk shall serve as secretary
of the board. In the absence of the secretary, the chairman of
the board may appoint one of the members of the board as secretary
pro tem for the meeting.
Sec. 19-1013 . Attorney--assistance of city departments .
The city attorney shall be the attorney for the board. The
board shall have the power to call upon any city department for
assistance in the performance of its duties, and it shall be the
duty of the department to render such assistance that may be
reasonably required.
Sec. 19-1014 . Board meetings ; quorum.
Except for the annual meeting in April of each year to elect
a chairman and a vice-chairman, the board shall meet at the call
of the chairman, or in his absence, the vice-chairman to consider
appeals from decisions of the housing inspector or city manager
rendered pursuant to the administration and enforcement provisions
of this article. The presence of three (3) members shall be
necessary to constitute a quorum. The concurring vote of three
(3) members of the board shall be necessary to overrule the
decision of the administrative authority from which the appeal was
entered.
Sec. 19-1015. Right of appeal; procedure; hearing.
Any owner, operator or occupant may within fifteen (15) days
of the date of an adverse written decision or order of the pro-
visions of this article, enter an appeal to the Housing Board.
Such appeal should be made upon forms to be supplied by the city
clerk and shall include a copy of the order or decision appealed
from; the specific details as to the basis of alleging error or
inapplicability of the order or determination appealed from and
such other documentary evidence as the appellant desires to bring
to the attention of the board.
Sec. 19-1016 , Hearing--procedure--presentation of evidence.
To assure orderly procedure, the city manager or his designee
shall present the records , reports and testimony of witnesses to
support the decision or order appealed from. The appellant, who
may be represented by an attorney if he so desires , shall be given
an opportunity to present documentary evidence and testimony of
witnesses in support of his appeal . The board may also direct
that other witnesses be called. All witnesses shall be subject
to cross examination by the opposing party.
Sec. 19-1017. Hearing on appeal to be public.
Hearings shall be open to the public during the presentation
of testimony and other evidence and during any argument or dis-
cussion the board may permit. However, upon completion of the
submission of evidence, the board shall close the hearing to dis-
cuss the issues and to reach findings and a determination based
thereupon. The board may request assistance from the city
attorney ' s office in formalizing its findings and determination,
which shall be issued in written form.
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Sec. 19-1018. Powers of the Housing Board of Appeals.
The Housing Board of Appeals may on the basis of its findings
and determination and with such restrictions as it may deem
appropriate:
(a) Affirm the determination or order appealed from; or,
(b) Modify or overrule the determination or order and direct
action not inconsistent with its determination; or,
(c) If it determines that a dwelling or dwelling unit is in
substantial compliance with the provisions of this article
and that there would be no danger to the safety and health
of the occupants and that such action would be in the best
interests and general welfare of the public, may, as to a
specific building, grant a waiver of specific requirements
for a specific period.
DIVISION 3. MINIMUM STANDARDS--SAFETY AND SANITATION, BUILDINGS
AND GROUNDS
Sec. 19-1021. Structural safety.
Every foundation, roof , floor, wall, ceiling, stair, step,
and every window, door, and other aperture covering shall be
maintained reasonably weather-tight, rodent proof, sound, of
safe construction and shall be maintained in good condition.
Sec. 19-1022. Materials--fire resistive and cleanable.
All structural, insulating, wall, ceiling and floor finish
materials , and the installation thereof shall be such as to
provide fire resistivity and flame spread characteristics as
required by State Law or as approved by the housing inspector
and the surfaces shall be of such character as to be easily
cleanable.
Sec. 19-1023. Doorways and doors .
All entrance doorways to dwelling units and rooming units
shall be equipped with doors which effectively close the doorway.
Every door, door hinge, and door latch shall be in good condition
and every door, when closed, shall fit reasonably well within
its frame.
Sec. 19-1024, Windows .
All windows and doors and their frames shall be constructed
and maintained in such relation to wall construction as to
exclude rain and wind from entering the structure.
Sec. 19-.1025. Floors .
Every water closet compartment floor, bathroom floor and
kitchen floor shall be constructed and maintained so as to be
reasonably impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition. Nothing
in this paragraph shall preclude the use of carpets in these
areas .
Sec. 19-1026 . Porches .
Porches and steps leading thereto shall be maintained so as
to prevent danger to users .
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Sec. 19-1027. Penetrations--walls and floors.
Space around the outside of penetrations for pipe passages ,
chutes , and similar openings through walls or floors shall be
enclosed or sealed to prevent the spread of fire or passage of
vermin. All abandoned penetrations shall be closed.
Sec. 19-1028. Eaves.
Eave troughs and down spouts shall be provided to prevent roof
drainage from being discharged on steps or walkways serving
entrances to a dwelling or rooming unit.
Sec. 19-1029 . Exits--Multi-storied dwellings .
Multi-storied dwellings , except those designed for and occupied
by single families , shall have two (2) independent means of exit
from each floor which are remote from each other and approaches
thereto and egress therefrom are unobstructed. One such exit may
be by way of a window which is easily opened without tools and is
of sufficient size to allow an adult to pass through. All fire
escapes shall comply with the provisions of Chapter 103 , Code of
Iowa (1971) .
Sec. 19-1030 . Hand and guard rails.
All stairs and steps , either interior or exterior, having four
(4) or more risers , shall be equipped with a substantial handrail.
All areas accessible to occupants of any dwelling and situated
more than three (3) feet above adjacent areas shall be protected
by a substantial guard rail at least thirty (30) inches high with
a lower parallel rail or, other device so placed as to keep children
from falling through the area below the top rail.
Sec. 19-1031. Hazardous window wells.
Window wells located near sidewalks or other hazardous locations
shall be provided with a grilled covering or other protective
devices .
Sec. 19-1032 . Premises .
The premises and grounds of every rental dwelling shall be kept
orderly and free of uncontrolled materials , garbage and rubbish
which are hazardous to life, health or property and shall be so
graded, drained and maintained as to preclude the ponding of water
or the attraction, breeding and harborage of vermin.
DIVISION 4. MINIMUM STANDARDS--BASIC EQUIPMENT AND FACILITIES,
SAFETY PRECAUTIONS
Sec. 19-.1041. Building and plumbing codes are applicable.
All plumbing required by this article shall be connected with
a sewer system as provided in Chapter 28 of the Municipal Code
and shall otherwise comply with Chapters 8 and 28 of the Municipal
Code. Said plumbing shall be maintained in working condition and
reasonable repair by the owner.
Sec. 19-1042 . Basic facilities--plumbing and heating.
(a) Each rental dwelling unit shall have:
(1) A kitchen sink, properly connected with both hot and
cold water .lines;
(2) A room which affords privacy to a person therein and
which is equipped with a flush water closet and a lava-
tory basin properly connected to both hot and cold water
lines . The lavatory basin may be located in close prox-
imity to said room, if not located therein;
(3) A bathtub or shower properly connected to both hot and
cold water lines and located within a room which affords
privacy to a person therein;
(4) Water heating facilities which are properly installed,
are maintained in good and safe working condition, are
properly connected with hot water .lines required under
provisions of this division and are capable of heating
water to such a temperature as to permit a reasonable
amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature
of not less than one hundred twenty degrees (120° ) F.
at the outlet. Such supplied water heating facilities
shall be -capable of meeting the requirements of this
sub-section when the dwelling or dwelling heating facili-
ties are not in operation;
(5) Heating facilities which are properly installed and main-
tained in good safe working condition and are capable of
safely and adequately heating all habitable rooms , bath-
rooms and water closet compartments to a temperature of
at least seventy degrees (70'° ) F. at a distance of three
feet above floor level when the outside temperature
reaches minus twenty degrees (-20°) F.
(b) Rooming houses shall have:
(1) At least one flush water closet, lavatory basin, and
bathtub or shower in good working condition for each
eight (8) persons or fraction thereof, including members
of the operators family whenever they share the use of
such facilities provided that, in a rooming house , or
a portion thereof, where rooms are let only to males ,
flush urinals may be substituted for not more than one-
half of the required number of water closets . All such
facilities shall be so located within the dwelling as
to provide privacy and be accessible from a common hall
or passageway to all persons :sharing such facilities .
(2) Water heating facilities meeting the requirements of
(a) (4) above.
(3) Heating facilities meeting the requirements of (a) (5)
above.
Sec. 19-1043. Safety precautions.
The following safety precautions , which in some instances , may
be more precisely defined in the Building, Plumbing, Electrical
or Life Safety Codes , are set forth herein for added precaution
and ready reference.
(a) Plumbing and heating.
(1) Every central heating unit, space heater, water heater
and cooking appliance shall be properly installed. The
exhaust gases from every fuel burning heating unit or
water heater shall be effectively vented to exhaust not
less than two feet above the roof of the building. Said
units shall also be provided with an adequate air supply
as defined in Chapter 6 of the Uniform Mechanical Code
(Volume II Uniform Building Code, 1970 Edition) .
(2) No fuel burning space heater shall be located within
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any sleeping room unless provided with adequate ducting
for air supply from the exterior, and the combustion
chamber for such heating unit shall be sealed from the
room in an airtight manner.
(3) Every steam or hot water boiler and water heater shall
be protected against overheating by an adequate external
safety device.
(4) Every gas pipe shall be sound and tightly put together
and shall be free of leaks , corrosion or obstructions
so as to reduce gas pressure or volume.
(5) Every gas appliance shall be connected to a gas line
with solid metal piping except that listed metal appli-
ance connectors or semi-rigid tubing may be used.
(6) All piping shall be adequate to permit a proper flow of
gas from all gas valves .
(7) Every gas-burning heating unit and water heater shall be
equipped with a pilot light and an automatic control to
interrupt the flow of gas to the burner in the event of
pilot light failure and all gas heating units with plenum
shall have a limit control to prevent overheating.
(b) Electrical.
(1) All electrical equipment required by this article shall
comply with the provisions of Chapter 13 of the Municipal
Code.
(2) The electrical system of every rental unit shall not for
reasons of overloading, dilapidation, lack of insulation
or improper fusing, or for any other cause, expose the
occupants to hazards of electrical shock or the occupants
and the structure to hazards of fire.
(3) No temporary wiring shall be used except cords which run
directly from portable electric fixtures to convenience
outlets and which do not lie beneath floor coverings , or
extend through walls , doorways , transoms or other similar
apertures in structural elements or attached thereto.
(c) Fire extinguishers .
In multiple dwellings and rooming houses where entrance to
the dwelling or rooming units is through an interior hallway a
Class "A" fire extinguisher shall be provided by the owner or
operator on each floor. Extinguishers shall be hung so that the
top is not over five (5) feet from the floor and easily accessible
to occupants and so spaced that no person must travel more than
seventy-five (75) feet from any point to reach the nearest extin-
guisher. Extinguishers shall be recharged or periodically examined
as directed by the manufacturer and a date tag showing such main-
tenance shall be attached to each extinguisher at all times .
DIVISION 5 . MINIMUM STANDARDS LIGHT--VENTILATION
Sec. 19-1051. Window space--light.
Every habitable room except those used solely for cooking, or
cooking and eating, shall have at least one (1) window or skylight
facing directly to the outdoors or shall be provided with equiva-
lent artificial light. The minimum total window area, measured
between stops , for every habitable room shall be eight percent
(8%) of the floor area of such room. Whenever walls or other
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portions of structures face a window of any such room and such
light-obstructing structures are located less than three (3) feet
from the window and extend to a level above that of the ceiling
of the room, such a 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. Whenever the only window in
a room is a skylight type window, the total window area of such
skylight shall equal at least fifteen percent (15%) of the total
area of such room.
Sec. 19-1052 . Window space--ventilation.
Every habitable room shall have at least one (1) window or sky-
light which can easily be opened, or a mechanical device capable
of producing a change of air every fifteen (15) minutes .
Sec. 19-1053 . Windows--bathrooms and water closets .
Every bathroom and water closet compartment shall comply with
the light and ventilating requirements for habitable rooms con-
tained in this article, except that no window or skylight shall
be required where a mechanical device capable of producing a change
of air every five (5) minutes is provided to ventilate the room.
Sec. 19-1054. Public halls and stairways--lighting.
Every public hall and stairway in every multiple dwelling con-
taining five (5) or more dwelling units shall be lighted at all
times by either natural or artificial means . Every public hall
and stairway in structures devoted solely to dwelling occupancy
and containing not more than four (4) dwelling units may be supplied
with conveniently located light switches , controlling an adequate
lighting system which may be turned on when needed. The continuous
or available light intensity at floor or stair tread level shall
be at least two (2) foot candles .
Sec. 19-1055 . Light switches in rooms .
Every habitable room, bathroom and water closet shall be equipped
with a safe electrical switch which activates a luminaire within
the room; said switch to be located near and convenient to the room
entrance. Bathrooms and water closets may have the light switch
located on the outside but near and convenient to the door.
Sec. 19-1056 . Electric outlets and fixtures .
Every habitable room shall contain at least two (2) separate
floor or wall type electric convenience outlets which shall be
situated a distance apart equivalent to at least twenty-five
percent (25%) of the perimeter of the room; and every water closet
compartment, bathroom, laundry room, furnace room, and public hall
shall contain at least one (1) supplied ceiling or wall type
electric light fixture. Every such outlet or fixture shall be
properly installed, and shall be maintained in good and safe
working condition.
DIVISION 6 . --Reserved
DIVISION 7 . RENTAL UNITS--INSPECTIONS--ENFORCEMENT
Sec. 19-1071. Inspection, by request or complaint.
Any owner or his agent, operator or occupant of a dwelling,
rented or to be rented, may, upon written request, obtain an
inspection of such dwelling, if he believes the dwelling is not
in compliance with the provisions of this article. Before
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requesting such an inspection, the one filing the request should
notify the other interested party of the proposed request in order
to give him an opportunity to correct the deficiency, if any.
The fact that a complaint of noncompliance with the requirements
of this article is made, shall not be used as a ground, cause or
basis for the termination of the tenancy.
Sec. 19-1072 . Hours of inspection.
Weekday hours from 8 :00 A.M. to 5 :00 P.M. or any other time
when, by prior arrangement, the owner or a responsible occupant
is present, shall be considered reasonable for the purpose of
inspections .
Sec. 19-1073. Entry refused to housing inspector.
Upon refusal by the owner, operator or occupant to permit entry
of the housing inspector for inspection of the rental unit at a
reasonable hour, the matter shall be reported to the city manager,
who will determine the proper course of action.
Sec. 19-1074. Authority, housing inspector, city manager.
(a) Unit complies . Upon completion of an original inspection or
a reinspection of a rental dwelling and determination that
the unit complies with the provisions of this article, the
housing inspector shall issue a certificate of occupancy for
the dwelling.
(b) Unoccupied unit does not comply. If after completion of an
inspection or reinspection, the housing inspector determines
that an unoccupied dwelling unit does not comply with the
provisions of this article, he shall so notify the owner or
operator, in writing, setting forth in detail the corrections
which must be made in order to effect compliance.
(c) Occupied unit does not comply. If the housing inspector,
after inspection or reinspection, determines that an occupied
unit does not comply with the provisions of this article, he
shall give written notice of his determination to the owner
or operator and occupant, setting forth the deficiencies , and
report the matter to the city manager. The city manager shall
direct further investigation by personnel qualified in the
appropriate field. If such further inspection does not con-
firm the findings of the housing inspector, the city manager
shall direct the correction of the housing inspector 's report
and the issuance of a certificate of occupancy where appro-
priate. If such further inspection confirms the finding of
the housing inspector, the city manager shall direct the
revocation of any existing certificate of occupancy and make
a determination as to whether, in his opinion, the continued
occupancy of the dwelling or any part thereof constitutes an
immediate hazard to the safety and health of the occupants
or to the community. If such an immediate hazard is found
to exist, the city manager shall initiate action to ensure
that the dwelling or dwelling unit is not used for human
occupancy. In the absence of a finding of an immediate
hazard to the health and safety of the occupants or to the
community and upon receipt of evidence that remedial action
is being accomplished, the city manager may direct the
housing inspector to reinspect the building within a reason-
able period, but such period shall not exceed three ( 3)
months . The owner, manager and occupants shall be notified
of the city manager ' s decision.
DIVISION 8 . --Reserved
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DIVISION 9. RENTAL UNITS--OWNER AND OCCUPANT RESPONSIBILITIES
Sec. 19-1091. Owner or operator responsibilities.
(a) That every supplied facility, piece of equipment or utility
shall be constructed or installed so that it will function
safely and effectively, and shall be maintained in satis-
factory working condition.
(b) That no service, facility, equipment or utility, required by
this article or by the terms of the rental agreement, be
removed from, shut off or discontinued from any occupied
dwelling, except such temporary interruption as may be
unavoidable because of emergency or while necessary repairs
or alterations are in actual process.
(c) Owners responsible for supplying heat to dwellings or dwelling
units shall supply enough heat to all such units during
occupancy from September 15th to June 15th of each year so
that each habitable room can be heated to a temperature of at
least seventy degrees (70° ) F . This requirement does not
apply to cold air sleeping dormitories .
(d) That every outside door and window intended to be used for
the ventilation of a habitable room is , during the insect
season, supplied with an installed screen in good repair and
condition to prevent the entry of flies , mosquitoes and other
insects . ***
(e) That supplied storm doors and windows are hung at the beginning
of the cold weather season and removed in the spring.***
(f) That public areas of the dwelling and premises be maintained
in a clean and sanitary condition; that floors and floor
coverings are kept reasonably clean and not littered or
covered with dirt, dust, garbage, human or animal fecal matter,
or any other unsanitary thing; that walls and ceilings are
reasonably clean and not littered or covered with dust, dirt,
cobwebs or greasy film; and that stagnant water is not allowed
to accumulate or stand anywhere about the premises and grounds .
(g) That such facilities or containers are supplied for each
dwelling unit as are necessary for the disposition. in a
sanitary manner of all rubbish, garbage and other organic
waste.
(h) Extermination of rodents , insects and other pests whenever
the infestation is caused by his failure to maintain the
dwelling in a rodent-proof or reasonably insect-proof con-
dition or whenever the infestation exists in two (2) or more
of the dwelling units or in the shared or public parts of
the dwelling.
(i) As to a rooming unit where, as a part of the rental agreement,
bed linen and towels are to be supplied, clean and sanitary
bed linen and towels shall be supplied at least once per week
and prior to the letting of any room to another occupant.
(j ) Supplied bedding shall be maintained in a clean and sanitary
manner.
(k) That every window of each rooming unit is supplied with
shades , drawn drapes or other devices or material which,
***The tenant or occupant of a single family dwelling may,
as a part of a written agreement, assume the responsibility for
hanging and removing supplied screens and storm windows and doors .
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when properly used, will afford privacy to the occupant of
the unit.
Sec. 19-1092 . Occupant responsibilities .
Unless the owner has specifically agreed to render such service
or to otherwise accept such responsibility , the occupant of a
rental unit shall be responsible for the following:
(a) That the part of the dwelling, dwelling unit and premises
thereof, which he occupies and controls is kept in a clean,
safe and sanitary condition.
(b) That the rubbish, garbage and any other organic waste gener-
ated by himself and other occupants of the part of the dwell-
ing for which he is responsible is disposed of in a clean and
sanitary manner, by placing it in the disposal facilities or
storage containers .
(c) That all plumbing fixtures in the dwelling unit for which he
is responsible are kept clean, safe and in a sanitary con-
dition and that reasonable care in the use and operation
thereof is exercised.
(d) The extermination of any insects , rodents or other pests in
the dwelling unit for which he is responsible whenever his
dwelling unit is the only one infested.
Section 2 . After its passage and publication as provided by law,
this ordinance will be in full force and effect as of January 1 , 1972 .
Passed this 28th day of September , 1971.
Louise Whitcome, City Clerk Stuart N. Smith, Mayor
9/7/71 Moved by Maxwell-Fisher the ordinance pass on 1st reading.
Aye : Thurston, Maxwell, Fellinger, Nelson, Fisher
Nay: None
Ordinance declared passed on lst reading.
9/21/71 Moved by Fellinger-Maxwell the ordinance pass on 2nd reading.
Aye : Thurston, Maxwell, Fellinger, Schilletter, Fisher
Nay: None Absent: Nelson.
Ordinanee declared passed on 2nd reading.
9/28/71 Moved by Thurston=Maxwell the ordinance do now pass.
Aye : Thurston, Maxwell, Fellinger, Nelson, Schilletter, Fisher
Nay: None
Ordinance declared adopted.