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HomeMy WebLinkAbout~Master - Revising City Rental Housing Ordinance ORDINANCE NO. %'.603 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES , IOWA BY REPEALING CHAPTER 19 THEREOF AS SAID CHAPTER HAS HERETOFORE EXISTED, .AND ENACTING A NEW CHAPTER 19 FOR THE PURPOSE OF REVISING THE CITY RENTAL HOUSING ORDINANCE ; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVID- ING A PEANLTY; AND ESTABLISHING AN EFFECTIVE DATE . BE IT ORDAINED by the City Council for the City of Ames , Iowa : Section One . That Chapter 19 of the Municipal Code of the City of Ames , Iowa, as said Chapter has heretofore existed be and the same is hereby repealed. Section Two. That the Municipal Code of the City of Ames , Iowa is further amended by adding thereto a new Chapter 19 to read as follows : "CHAPTER 19 RENTAL HOUSING ARTICLE I GENERAL PROVISIONS Sec. 19-1001 Purpose The purpose of this chapter is to establish minimum health and safety standards for rental housing in the City of Ames , Iowa. These standards relate to the condition, maintenance , and occupancy of rental dwellings , and are intended to ensure that rental housing is safe, sanitary, and suitable . An owner-occupied single family dwelling is specifically excluded unless there are one (1) or more roomers . Sec. 19-1002 Scope This chapter applies to all rental dwelling units within the City of Ames . Sec . 19-1003 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 singu- lar number includes the plural, the plural includes the singular; the word "shall" is always mandatory. The words "dwelling" , "dwelling unit" , " lodging house" , "rooming unit" , and "premises" shall be construed as though they were followed by the words "or any part thereof" . 1) Abate : to end a nuisance , emergency, or nonconformance . 2) Dwelling: Any house, building, or mobile home, or portion thereof intended to be occupied as the place of habitation of human beings , either permanently or transiently. Hotels , motels , and state-licensed health and custodial facilities are excluded. 3) Dwelling Unit: One (1) or more rooms intended to be occupied for living purposes . a) Apartment: A room or group of rooms intended to be occupied for living, sleeping, cooking, and eating. b) Fraternity House, Sorority House: A building, other than a hotel or motel, that is occupied as a dwelling predominantly by members , candidates for membership, employees , and guests of the same fraternity or sorority . -2- c) Rooming Unit: A room or group of rooms intended to be occupied for living and sleeping but not for cooking. 4) Emergency : A condition arising from actual or imminent failure and resulting in a substantial health or safety hazard to occupants or in substantial hazard to a dwelling. Failures that can create an emergency include, but are not limited to the following : Structural collapse or failure; :flood; fire; inflows of ground, drainage, or surface waters ; failures of a supplied utility--electricity , gas , water, sewage , heat (but not cooling) . 5) Family : An individual , or two (2) or more persons related to each other by blood, marriage, or legal adoption, including foster children, and not more than two (2) roomers ; or in the alternative , not more than three (3) unrelated persons . 6) Garbage : The animal and vegetable waste resulting from the handling, preparation, cooking, and consump- tion of food. 7) Habitable Space: Space in a dwelling for living, sleeping, eating , or cooking. Bathrooms , toilet compartments , closets , halls , storage or utility space , and similar areas are not habitable space. 8) Housing Inspector : The City Building Inspector and such other city employees , regardless of department, as have been trained in conducting inspections or parts of inspections . 9) Inspection Office : The Division of Permits and In- spection of the Department of Community Development of the City of Ames , Iowa; the Division is headed by the City Building Inspector. 10) Letter of Compliance : A document issued by the Housing Inspector to show that the premises have been inspected and found to be in substantial compliance with this chapter on the date of inspection . 11) Multiple Dwelling : Any dwelling containing more than two (2) dwelling units , except townhouses and condo- miniums , including but not limited to: a) Boarding House : A lodging or rooming house where meals are regularly served for compensation to more than three (3) persons not members of the family or families there residing. b) Lodging House: Also called rooming house; is a building or portion thereof , other than a hotel or motel , and which provides rooms for sleeping , and is capable of accomodating more than three (3) persons , for which rents or fees are charged. 12) Occupant : Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit. 13) Operator : Any person , including the owner, who has charge , care, or control of a building including one or more rental dwelling units . 14) Owner : Any person who alone, jointly, or as tenant in common with others , has legal or equitable title to any dwelling unit with or without accompanying actual possession thereof. For the purposes of this chapter, "owner" includes an agent of the owner em- powered by the owner to act on the conditions or under the circumstances in question. -3- 15) Owner-Occupied Single Family Dwelling : Any townhouse , condominium, or detached dwelling that is occupied as a dwelling by the owner . It is one (1) dwelling unit even if allowed roomers occupy part of the building. 16) Person: A natural person, his or her heirs , executors , administrators or assigns and also a firm, partnership or corporation and its , or their, successors or assigns . 17) Plumbing: Includes the following supplied facilities and equipment : gas , water, and waste pipes ; sumps , drains , vents ; and all supplied facilities and equip- ment connected to them. 18) Premises : A lot and its buildings and other improve- ments . 19) Rent: Payment of money, goods , labor, service, or otherwise for use of a dwelling. 20) Rubbish : Any waste material except garbage. 21) Story : A story is that part of a building comprised between any floor and the floor or attic next above ; the first story of a building is the lowest story having at least one-half (1/2) of its height of one (1) or more walls above the highest level of adjoin- ing ground. 22) Supplied: Paid for, furnished, provided by, or under the control of the owner or operator. 23) Tenant: An occupant of a rental dwelling unit who has signed a lease or made a verbal rental contract. ARTICLE II ENFORCEMENT A. Illegalities , Letter of Compliance, Inspection, Abatement Sec. 19-2001 Illegal Conditions 1) After ninety (90) days from the effective date of this chapter, it shall be illegal for any owner or operator to rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a written application for a Letter of Com- pliance has been filed for such dwelling unit or a valid Letter of Compliance has been issued for such dwelling unit. 2) It shall be illegal for any person to occupy or allow any other person to occupy any dwelling unit more than thirty (30) days after the effective date of the denial or revocation of a Letter of Compliance for that dwelling unit or after the Housing Inspector finds that the vacation of the dwelling unit is necessary before abatement of a nonconformance can reasonably proceed. 3) It shall be illegal for any person to occupy or to allow any other person to occupy any dwelling unit in excess of the maximum occupancy permitted in sec. 19-3201 and 19-3202 . -4- 4) It shall be illegal for any person to permit a state of nonconformance to exist, under sections 19-2003 , 19-2004 , 19-2005 , or 19-2006 , after the time set by the Housing Inspector for abating the nonconformance. 5) Willful and repeated noncompliance with the require- ments of this chapter by the occupant are illegal. 6) It shall be illegal for any person to fail to fulfill the requirements of section 19-4001 or section 19-4002 . 7) Persons in violation under paragraphs 19-2001 (1) , (2) , (3) , ( 4) , (5) , or (6) shall for each such violation be subject to a civil penalty of fifty dollars ($50) to be recovered for the use of the Inspection Office. Such persons shall also be liable in such case for all costs , expenses , and disbursements paid or incurred by said Inspection Office, by any of the Officers , agents , or employees thereof in the abatement of any such violation. Such persons shall also be liable to eviction or to revocation of the Letter of Compliance. 8) The Housing Inspector , upon finding an apparent violation of this section, shall institute appropriate legal pro- ceedings . 9) Application for a hearing under sec. 19-2104 shall stay the effective date of the enforcement of sec. 19-2001 . Sec. 19-2002 Application for a Letter of Compliance ; Filing Deadlines ; Fees 1) Application for a letter of Compliance shall be submitted in writing, on forms provided, to the Housing Inspector and shall contain at least: a) The address or addresses of the dwelling. b) The Zoning District of the dwelling. c) The number of dwelling units in the dwelling. d) The date the dwelling was built or was granted a building permit. e) The date of major alteration if any and if known. f) The name , address , and telephone number of : i) The owner. ii) An agent, operator , or other person to contact in case of emergency. iii) The person to be notified if a condition of nonconformance is found. For each dwelling unit within the dwelling: g) Whether the application is for an initial or a renewal Letter of Compliance. h) The maximum occupancy. i) Number of off-street parking spaces available. j) Dwelling Unit identification or number. . -5- 2) Renewal applications shall be filed at least thirty, (30) days before the expiration of the existing Letter of Compliance. The Housing Inspector shall notify owners or operators of the need for a renewal application at least sixty (60) days before the expiration date. 3) Upon receiving an application for renewal of the Letter of Compliance, the Housing Inspector shall arrange to inspect the dwelling unit. 4) In no case must the Housing Inspector accept or act on more than three (3) applications for a Letter of Compliance for the same dwelling within one (1) year. 5) Fees : a) An annual fee of five dollars ($5 . 00) shall be paid by the owner for each rental dwelling unit, except as herein provided. b) The fee shall be prorated if for less than a calendar year. c) A fee of five dollars ($5. 00) shall be paid for a Letter of Compliance by the owner for an owner-occupied single-family dwelling with roomers paying rent. d) An annual fee of fifty cents (50�) per occupant, with a minimum of five dollars ($5. 00) and a maximim of twenty-five dollars ($25. 00) per house shall be paid by the owner for each boarding, lodging , fraternity, or sorority house. The number of occupants shall be the average monthly occupancy during the previous year for the months January through March and September through December. e) The fee shall be _paid in advance of the period covered. The fee for a year shall be paid in January of each year. f) A fee of twenty dollars ($20 . 00) per dwelling shall accompany an application for a hearing before the Ames Housing Appeal Board. g) For each month or portion of a month past the due date , the Inspection Office shall increase that year ' s annual fee by one dollar ($1. 00) . If the annual fee becomes sixty (60) days de- linquent, the owner shall be notified that the Letter of Compliance shall be revoked if the fee is not paid before it is ninety (90) days delinquent. h) A five dollar ($5. 00) fee is charged for special additional agreement reinspections under sec. 19-2005 (5) and for reinspections under sec. 19-2006 (3) . Sec. 19-2003 Inspections 1) The Housing Inspector shall conduct all inspections during reasonable hours of the day and after presenta- tion of proper identification. The owner may arrange, and the occupant shall have the opportunity, to be present during an inspection. Written application for a Letter of Compliance shall constitute consent by the owner to an inspection. Arrangements to enter shall be made with occupant. In all cases , if the occupant or owner of a dwelling unit refuses entry -6- to conduct inspection , the Housing Inspector shall not conduct any such inspection without a search warrant. 2) The Housing Inspector shall inspect within six (6) years of the effective date of this chapter all rental units constructed before adoption of this chapter. 3) The Housing Inspector must promptly inspect any dwelling at the request of the owner, or upon re- ceipt of a complaint from a person with demonstrable interest and evidence that the subject matter of the complaint has been reported to the operator in writing. In addition , the Housing Inspector may , at his own discretion , inspect any dwelling as fre- quently as necessary. If after inspection, the dwelling unit is found in nonconformance with the requirements of this chapter, the Housing Inspector shall proceed under sec. 19-2005. 4) Persons with demonstrable interest are: owner; occupant or other occupant in the same dwelling; owner or occupant of other premises within two- hundred (200) feet of the premises in question . 5) The fact that a complaint of nonconformance with this chapter is made by the occupant shall not be used as a ground, cause, or basis for termination of the tenancy or reduction of services by the owner. However, at the end of any lease , the owner may change occupants . 6) The inspection of an owner-occupied single family dwelling with roomers shall be limited to the utilities and the areas occupied and used by the roomers and to the egress from those areas. Sec. 19-2004 Grant of Letter of Compliance; Display; Expiration 1) If after inspection the dwelling is found to conform with the requirements of this chapter , the Housing Inspector shall issue a Letter of Compliance. 2) At the final inspection of a rental unit after con- struction or remodeling requiring a building permit, the Inspector shall include the provisions of this chapter in the inspection , and if the dwelling unit conforms , the Inspector shall issue a Letter of Compliance. If dwelling units of a duplex or multiple dwelling are not all completed at the same time, the Housing Inspector may issue Temporary Letter of Com- pliance for each dwelling unit conforming to the provisions of this chapter. A three (3) year Letter of Compliance shall be issued for the completed dwelling after the Housing Inspector finds it in conformance with this chapter. 3) A copy of the Letter of Compliance shall be available for inspection at the Inspection Office. 4) Letters of Compliance issued after the effective date of this chapter shall expire three (3) years from the date of issuance or upon transfer of ownership, unless sooner revoked under sec. 19-2001 or 2005. Exception: The Letter of Compliance for an owner-occupied single family dwelling with rooming units shall not expire until the dwelling is sold, unless sooner revoked under sec. 19-2001 or 2005 . -7- 5) The Letter of Compliance shall include at least: the information contained in the Application, the date of inspection, the name of the Inspector, the date of issue , and the date of expiration. 6) For multiple dwellings , the Inspector may issue a Letter of Compliance for the entire dwelling that includes all the required information and that lists the address , maximum occupancy, and parking spaces available for each dwelling unit. Sec. 19-2005 Denial or Revocation of Letter of Compliance ; Notification; Written Agreement 1) If after inspection a dwelling unit is found in nonconformance with the requirements of this chapter , the Housing Inspector shall promptly notify the oper- ator of the reasons for nonconformance and shall re- cord the notice with the Housing Inspector' s copy of the Letter of Compliance . 2) Nonconformance shall :be promptly abated. 3) The operator may within one (1) week of the notice of nonconformance , enter into an agreement with the Housing Inspector detailing a program to abate non- conformances requiring fourteen (14) or more days , during which time sec. 19-2001 shall be stayed. 4) If the owner does not enter into an agreement under paragraph (3) above, and if the dwelling unit is presently occupied, the Housing Inspector shall with- in two (2) weeks of the notification of nonconformance notify the occupants of each affected dwelling unit by mail addressed to "occupant" of the reasons for nonconformance, that eviction is imminent and of the right to a hearing. However, failure of such occupants to receive such notice shall not bar proceedings to enforce any denial or revocation of the Letter of Compliance against the owner. 5) The owner shall be entitled to one (1) free reinspec- tion by the Housing Inspector to determine whether the terms of the agreement have been fulfilled. Additional reinspections shall be made at a fee of five dollars ($5 . 00) per dwelling unit per inspection. 6) The tenant may , within two (2) weeks of being notified of the nonconformance , appeal to the Housing Appeals Board for permission to abate by repair and deduct. The appeal shall be granted if: a) The nonconformance was not caused by an occupant or other person on the premises with the consent of the occupant. b) The reasonable cost of abatement is less than two-hundred dollars ($200 . 00) or one month 's rent, whichever is greater. The appeal shall include two (2) written estimates from appro- priate firms of the cost to abate, and the Appeal Board .shall decide which estimate shall be accepted. c) The operator has been notified in writing of the tenant's intention to appeal to the Appeal Board for repair and deduct. -8- The tenant shall submit an itemized paid statement, with lien waivers from suppliers of materials or labor for the abatement, to the owner and deduct from the next rental payment, or bill the owner for the actual cost of the repair work or the amount speci- fied in (b) whichever is less . 7) The Letter of Compliance shall be denied or revoked if : a) The owner does not enter into an agreement under paragraph (3) above , or b) The dwelling unit is not in conformance at the end of the period specified by the Inspector. Exception: The Inspector may extend the time speci- fied in the agreement if , through no fault of the owner and despite good-faith efforts to comply, the work has been not unreasonably delayed. 8) Upon denial or revocation of the Letter of Compliance , the Housing Inspector shall notify the owner and the occupants in writing. Sec. 19-2006 Abatement of Occupant Noncompliance 1) If after inspection the occupant is found in noncom- pliance with the requirements of this chapter, the Housing Inspector shall promptly notify the occupant and the operator of the reasons for nonconformance. 2) If said occupant does not abate the noncompliance with- in a time set by the Housing Inspector, the Inspector shall proceed against the occupant under Sec. 19-2001 (4) and (7) and shall require abatement by the operator within a reasonable time not to exceed thirty (30) days . The operator may assess the reasonable cost thereof to the occupant. 3) The dwelling unit shall be provided one (1) free in- spection by the Housing Inspector to determine whether the noncompliance has been abated. Additional rein- spections shall be made at a fee of five dollars ($5 . 00) per inspection per dwelling unit inspected, charged to owner. Sec. 19-2007 Emergency Abatement 1) If an emergency seems to exist and the occupant can- not obtain prompt relief from the operator, the occu- pant or other person may ask the Housing Inspector to find that an emergency does exist that constitutes a substantial hazard to the occupant' s health and safety . 2) If the Housing Inspector finds that such an emergency exists , and that the owner or operator will not or cannot within a reasonable time abate the emergency , and that the emergency can be readily abated, the Housing Inspector shall cause abatement and shall notify the owner by certified mail of the actions taken , the cost to be assessed, and the owner ' s right to appeal under section 19-2104 . 3) If the Housing Inspector finds that an emergency exists that cannot be readily and reasonably abated, the Letter of Compliance shall be immediately revoked. -9- 4) If no emergency is found to exist, the Housing Inspector shall proceed under Sec. 19-2003 . B . Housing Appeal Board Sec. 19-2101 Housing Appeal Board Created; Membership; Appointment; Terms ; Vacancy; Removal; Compensation There is created a Housing Appeal Board consisting of five (5) members who shall serve without compensation. The mayor, with the approval of the City Council , shall nominate and appoint electors of the City as members of the Housing Board of Appeal , appointed under Sec. 19-1011 of the Ames Housing Code as it heretofore existed pursuant to ordinance number 2375 , shall become the initial members of the Housing Appeal Board and shall continue to serve until the expira- tion of their terms under said prior sec. 19-1011. 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 . Va- cancies on the Board shall be filled by appointment in the same manner for unexpired terms . Any and all members may be removed by the mayor with the approval of the City Council at any time and for any reason; or, upon the initiative of the City Council , expressed by the affirmative vote of a majority of its members , any and all members of the Appeal Board may be removed from office . Sec. 2102 Organization; Officers of Board; Secretary; Attorney Immediately upon appointment, members of the Housing Appeal Board shall organize and select one (1) member as Chair and one (1) as Vice-Chair. The City Clerk or Deputy City Clerk shall serve as secretary of the Board. The City Attorney shall be the attorney for the Board. Sec . 19-2103 Board Meetings ; Quorum Except for the annual meeting in April of each year to elect a Chair and Vice-Chair, the Board shall meet at the call of the Chair, or in the absence of the Chair, the Vice-Chair, and within thirty (30) days of any application for a hearing to consider appeals from decisions of the Housing Inspector rendered pursuant to the provisions of this chapter. The presence of three (3) members of the Board shall be necessary to constitute a quorum. The concurring vote of three (3) members shall be necessary to overrule the decision of the Housing Inspector. Sec. 19-2104 Right to a Hearing; Application Any aggrieved person may within two (2) weeks of the date of adverse written decision of a Housing Inspector file a written application for hearing before the Housing Appeal Board. Such application should be made upon forms to be supplied by the City Clerk and shall include a copy of the decision appealed; the specific details being appealed, and such other documentary evidence as the appellant desires to bring to the attention of the Board. Such application shall be accompanied by a filing fee of twenty dollars ($20 . 00) . The City Clerk shall publish notice of the scheduled hearing in a paper of general circulation in Ames at least three (3) days before the hearing date. -10- Sec. 19-2105 Hearing; Procedure; Presentation of Evidence ; Burden of Proof To assure orderly procedure , the Housing Inspector, or a designee, shall present the records , reports , and testimony of witnesses to support the decision or order appealed. The appellant, who may be represented by an attorney , shall be given an opportunity to present documentary evidence and testimony of witnesses in support of the appeal. The Board may also direct that other witnesses be called and may call upon any city department for assistance or advice . All witnesses shall be subject to cross examination by the opposing party. The appellant shall have the burden of proof . Sec. 19-2106 Hearing to be Public Hearings shall be open to the public during the presenta- tion of testimony and other evidence and during any argument or discussion the Board may permit. Upon completion of the submission of evidence, the Board shall make findings and a determination based thereupon. The Board may re- quest assistance from the City Attorney' s office in for- malizing its findings and determinations , which shall be issued in written form. Findings and determinations will be made no later than thirty (30) days after the hearing. Sec. 19-2107 Powers of the Housing Appeal Board The housing Appeal Board may on the basis of its findings and determinations , and for each element of nonconformance appealed: 1) Affirm the determination appealed. 2) Overrule a determination it finds in error. 3) If it determines that a dwelling unit is in substan- tial conformance with the requirements of this chap- ter and that there would not be any substantial danger to the health or safety of occupants and that such an action would be in the best interest of the public, it may : a) Set a reasonable time for partial or complete abatement. b) Grant a variance and order the Inspector to issue a Letter of Compliance. c) Permit current occupants to remain for a reasonable time not to exceed the unexpired term of the current lease , if the owner attests that the dwelling unit will not be re-rented and that the current lease will not be extended. 4) The Housing Appeal Board may determine the reasonable amount to be assessed the owner for emergency abatement performed pursuant to section 19-2a07. 5) Before the Appeal Board grants a variance to the pro- visions of sections 19-3101 through 3103 , it shall receive the recommendations of the Fire Chief. 6) Appeals to decisions relative to sec. 19-3103 (1) may be made to the State Fire Marshal. Variances granted by the State Fire Marshal shall also be granted by the Housing Appeal Board. -11- 7) The Housing Appeal Board shall not have the power to grant a variance to the requirements of Sec . 19-3202 . 8) Variances shall be recorded on the Housing Inspector ' s copy of the Letter of Compliance and shall remain effective through renewals unless and until later appealed and reversed. ARTICLE III MINIMUM PROPERTY STANDARDS A. Structure and Utilities Sec. 19-3000 Construction Each dwelling unit shall be :reasonably weather tight and have safe and effective utilities services . All building parts on the premises shall be structurally sound. Sec. 19-3001 Each entrance door to each dwelling unit shall be lockable and have a reasonable fit. Glass in doors and windows shall be unbroken. Sec. 19-3002 Wall and floor penetrations , such as for utility lines , shall be enclosed or sealed with a fire-retardant material to reduce spread of fire or passage of vermin. Sec. 19-3003 Roof drainage shall be provided to avoid discharge on steps , walkways , or entrances. Sec. 19-3004 1) Handrails or guardrails shall be provided on: a) Stairs with four (4) or more risers . b) Landings , platforms , or other grade changes of three (3) feet or more. 2) Handrails shall be installed at thirty (30) inches to thirty-four (34) inches above the stair nosing. Guardrails shall be installed forty-two (42) inches above the floor or grade. 3) Open handrails and guardrails shall have reasonable provisions against children falling through below the rail. 4) Handrails and guardrails shall be designed for twenty (20) plf lateral load, except that exit facilities for occupancy load greater than fifty (50) shall be supplied with rails designed for fifty (50) plf lateral load. Sec. 19-3005 Dwelling units and premises shall be free of garbage and reasonably free of rubbish. Rodent and pest harborages should be minimized. Sec. 19-3006 Each apartment shall have: 1) A permanent and functioning sink with plumbing for hot and cold water. -12- 2) A room which affords privacy and which is equipped with a flush water closet. 3) A bathtub or shower with plumbing for hot and cold water, and located to afford privacy. 4) Functioning water heating facilities capable of heating two (2) gallons of water per hour through one-hundred degrees (1000) F for each occupant, and supplying water at not less than one-hundred twenty degrees (1200) F at every kitchen sink, lavatory, bathtub, and shower. 5) Safe heating facilities capable of heating all habitable rooms , bathrooms , and water closet compartments to at least sixty-five degrees (650) F at a distance three (3) feet above the floor and five (5) feet away from any exterior wall when the outdoor temperature reaches minus twenty degrees (200) F. Sec. 19-3007 Each boarding, lodging, fraternity , or sorority house shall have: 1) At least one (1) flush water closet, lavatory basin, and bathtub or shower in good working condition for each eight (8) occupants or fraction thereof, including the operator 's family if they share the use of the facilities . For rooms let only to males , flush urinals may be substituted for not more than one-half (1/2) the required water closets . Such facilities shall be located to afford privacy and to be accessible from a common hall or passage way to all persons sharing the facilities . 2) Heating and water heating facilities as in paragraphs 3006 (4) and (5) . Sec. 19-3008 Plumbing and Heating Water supply systems shall be maintained so as to minimize leaks and to provide adequate flow. Sewage systems shall be maintained so as to minimize leaks and backup. Walls , ceilings , and floors shall be essentially free from evidence of surface, ground, or drainage water. 1) Exhaust gases from fuel-burning water and space-heating units shall be adequately vented to not less than two (2) feet above the roof of the building; such units shall be provided an adequate air supply. 2) Any fuel-burning space-heating unit located within a sleeping room shall also be provided with an adequate air supply from the exterior. 3) Every heating unit shall be protected against malfunc- tion with adequate safety devices . 4) Every gas pipe shall be :pound , free of leaks or obstruc- tions , and sized to provide an adequate flow of gas . 5) Appliances shall be connected to gas piping with rigid metal or acceptable flexible piping . Where a flexible connector is used, a shut-off valve shall be installed in the rigid metal near -the connection. • -13- Sec. 19-3009 Electrical The electrical system of every dwelling unit shall be installed and maintained so as to be reasonably safe to the occupants and the structure. 1) Temporary wiring (extension cords) shall not lie beneath floor coverings ; extend through walls , door- ways , transoms , or similar apertures ; or do other than connect a convenience outlet to portable elec- trical appliances . 2) No operator or tenant shall install or use electrical space cooling or heating equipment unless the owner has : a) Installed the equipment, or b) Given written permission to install or use the equipment. 3) Fuses , or equivalent, shall not exceed the size recommend- ed for each circuit by the Ames Electric Code . 4) Laundry equipment shall :hie electrically grounded. 5) Each habitable room shall have at least one (1) convenience outlet. Sec. 19-3010 Window Space Each apartment shall have at least one (1) easily opened window facing directly outdoors , with a minimum total win- dow area of ten (10) square feet, measured between the stops . Sec. 19-3011 Light 1) The owner shall provide a switched convenience out- let or a light fixture capable of providing eight (8) lumens of light per square foot in each habitable room, bathroom, water closet compartment, and hallway within the dwelling unit. 2) The owner shall provide light in all public halls and stairways with a minimum output of four (4) lumens per square foot of floor area. 3) The common entrance serving three (3) or more dwelling units shall be lighted at all times to at least one- half (0 . 5) footcandles . Sec. 19-3012 Paint 1) No paint containing lead shall be applied in or on any rental dwelling. 2) In dwelling units with occupants below the age of eight (8) years , peeling, blistered, or flaking paint containing lead shall be removed or effectively covered. D. Fire Safety Sec. 19-3101 Smoke Detectors , UL Approved Type 1) Within six (6) months after adoption of this Chapter, the owner shall provide each dwelling unit and the common halls of each multiple dwelling with at least one (1) functioning smoke detector. -14- 2) where the occupants sleep in more than one (1) story of a dwelling unit, a smoke detector shall be provided in the bedroom area of each story . Sec . 19-3102 Fire Extinguishers , Approved Type As an alternative to compliance with the requirements of the State Fire Marshal ' s Regulations with respect to fire extin- guishers , the dwelling operator may elect to install one (1) two and one-half (2-1/2) pound type ABC fire extinguisher in each dwelling unit at a fully visible location either immediately inside the unit door or in the kitchen if the unit is an apart- ment. All such fire extinguishers shall be of a type approved or listed by a nationally known testing laboratory. Sec . 19-3103 Minimum Requirements , Fire Safety 1) The rules established by the State Fire Marshal pursuant to the Iowa Administrative Procedure Act and appearing in the Iowa Administrative Code (as they may be amended from time to time) that set fire safety standards for rental dwellings shall be enforced as a minimum requirement under this chapter. However, the Appeal Board may grant variances from such requirements to afford relief from practical difficulties of compliance if the board finds that so doing will not substantially reduce fire safety or that substan- tially equivalent fire safety can be maintained by other measures which the Board shall specify at the time the variance is granted. 2) In single and two family dwellings , below-grade dwelling units shall have either direct access to the outdoors or demonstrably adequate window exit. C. No Overcrowding Sec. 19-3201 Each dwelling unit shall provide habitable floor space totaling at least eighty (80) square feet for the first occupant and sixty (60) square feet for each additional occupant. Sec. 19-3202 Maximum Occupancy; Parking 1) The maximum occupancy of a dwelling unit (whether or not the building is conforming to zoning regulations) and excepting boarding, lodging, fraternity, and sorority houses shall be one (1) family , except: a) One (1) family plus one (1) additional roomer in zoning district R3 (Ames Municipal Code Chapter 38) if, and only if , off-street parking spaces are pro- vided at the rate of one (1) for each dwelling unit in the dwelling plus one (1) for each such additional roomer. b) One (1) family plus two (2) additional roomers in zoning districts Al , R4 , Cl , C2 , C3 , and C4 if , and only if, off-street parking spaces are provided at the rate of one (1) for each dwelling unit in the dwelling plus one (1) for each such additional roomer. 2) For the purposes of this section, off-street parking spaces shall be : a) About nine (9) foot by nineteen (19) foot, approximately rectangular. b) One (1) with a direct path of egress to a public place, alley, or street available at all times , except that if one dwelling unit has more than one parking space, the path of egress for one such space may include the other parking spaces assisged to that same dwelling unit. -15- c) Parking spaces shall be surfaced. d) Located : i) On a driveway or in a side or rear yard. ii) At a separate site located within three- hundred (300) feet of the dwelling and under control of the owner sufficient to assure their availability at all times during the dwelling ' s Letter of Compliance . ARTICLE IV OWNER AND OCCUPANT RESPONSIBILITIES Sec. 19-4001 Owners or operators shall be responsible for: 1) Displaying the Letter of Compliance to each new tenant, having said tenant sign a statement attesting to hav- ing had the opportunity to read the Letter of Compliance and granting permission for inspections under the pro- visions of this chapter, and maintaining the Letter of Compliance where accessible for inspection by the occu- pants or the Housing Inspector and shall provide a copy to the tenant on request. 2) Informing the occupants of whom to notify in case of an emergency. This information should be available in each dwelling unit. 3) Informing tenants of requirements relative to park- ing spaces . 4) Maintaining public areas of the premises in a clean and sanitary condition; keeping floors , floor cover- ings , walls , and ceilings reasonably clean and free of rubbish and garbage; and ensuring that stagnant water is not allowed to accumulate or stand anywhere on the premises . 5) Exterminating rodents , insects , and other pests when the infestation is caused by failure to maintain the dwelling in a rodent-proof or reasonably insect-proof condition, or whenever the infestation exists in two or more of the dwelling units or in the shared or public parts of the dwelling. 6) Providing required fire extinguishers and smoke de- tectors in good working condition at the beginning of each tenancy . 7) Supplying properly sized fuses or equivalent, at the beginning of each tenant' s occupancy. 8) Supplying every window of each rooming unit with shades , draw drapes , or other devices or material which , when properly used, afford privacy to the occupant of each dwelling unit. 9) Supplying each outside door and window intended for ventilation of a habitable room with a screen adequate to prevent entry of insects and installing such screens each spring and removing them each fall. 10) Installing supplied storm doors and windows at the beginning of the cold. weather season and removing them in the spring. 11) Supplying heat to dwelling units from September 15 to June 15 of each year , when the owner is responsible for paying for heat in the rental agreement. 12) Removing snow and ice from walks and drives . s -16- 13) Mowing lawns , trimming shrubs and trees , and controlling weeds to maintain the premises in a neat condition, comparable to other premises in the neighborhood. 14) Providing for garbage and rubbish removal and supplying such facilities or containers as are necessary for the sanitary disposal of all garbage and rubbish. Sec. 19-4002 Occupants Responsibilities Unless the owner has specifically agreed in writing to render such service or to otherwise accept such responsibility, the occupant of a rental unit shall be responsible for : 1) Notifying the operator, preferably in writing, of maintenance needed on the dwelling or supplied equip- ment and of unsafe or unsanitary conditions . 2) Keeping all equipment and fixtures in the occupant' s dwelling unit clean and :in a sanitary condition and exercising reasonable care in the use and operation thereof. 3) Occupants shall not start or permit open-fire cooking equipment (except properly installed kitchen stoves) in, on, or within 15 feet of buildings . 4) Occupants shall not store or house hazardous combustible materials in any rental dwelling, including gasoline in mowers , vehicles , or other containers . 5) Safe disposal of hazardous materials , such as hot coals from furnace or grill, paints and other combustibles , and pesticides and other hazardous chemicals . 6) Occasionally flushing with water any floor drains within the occupant' s dwelling unit, as needed to prevent odors and sewer gases . 7) Maintaining supplied fire extinguishers and smoke de- tectors . 8) Using light bulbs that do not exceed the size recommended by the fixture manufacturer. 9) Supplying properly sized fuses , or their equivalent as needed during occupancy for those circuits serving only the occupant' s dwelling unit. 10) Disposing of rubbish, garbage and other organic waste in a clean and sanitary manner, by placing it in dispo- sal facilities or storage containers , and by reclosing or replacing container lids . 11) Exterminating any insects , rodents or other pests in the dwelling unit for which the occupant is responsible whenever said unit is the only one infested. 12) Maintaining that part of the dwelling and premises which the occupant occupies in a clean, safe and sani- tary condition." -17- Section Three . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section Four. Violation of this ordinance shall con- stitute a misdemeanor, Section Five . If any provision of these regulations or the application thereof to any person or circumstance is held invalid such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable . Section Six. This ordinance shall be in full force and effect from July 15 and after its passage and publication as required by law. Passed this 24 day of May 1977 . Mary E , maul , City Clerk Lee Fellinger, Mayor Signed by the Mayor this 24th day of May, 1977 . Published in the Ames Daily Tribune this day of�. 1977 .