HomeMy WebLinkAboutA001 - cover letter for ordinance A
City of AMES, Iowa
50010
(515) 232-6210 FILED
C17YMAW,IOWA
JOHN R. KLAUS
City Attorney
R. MICHAEL HAYES
Ass It. City Attorney JUL' 2 1 1878
July 20, 1978
Honorable Lee Fellinger, Mayor
And Members of the City Council
Of The City of Ames, Iowa
In Re: Amendment to the Housing Code to Provide for
Annual Inspection of Multiple Dwellings.
Dear Mayor Fellinger and Council Members:
At a recent meeting of the Ames City Council I was directed
to prepare an amendment to the City of Ames Housing Code to
provide for annual inspection as called for by the provisions
of the State Housing Law. (Chapter 413 , Code of Iowa 1977)
This direction of the City Council was prompted, in part at
least, by the belief of a Deputy State Citizens Aide that
the City of Ames Housing Code was in conflict with State
law by virtue of not requiring an annual inspection.
The State Housing Law founded in Chapter 413 does apply to
the City of Ames because the City`s population is in excess
of 25, 000 . The annual inspection requirement of the State
Housing law is found in Section 413 .123 and it is required
with respect to multiple dwellings as defined in the state
law.
Herewith you will find a form of ordinance which, if enacted,
will add to the housing code a new subsection 19 . 2003 (g)
drafted so as to incorporate into our ordinance the precise
provisions and requirements of section 413 . 123 of the Code of
Iowa.
As an alternative, I have prepared a second form of ordinance
which also enacts a new subsection (g) , section 19 . 2003 , but
this alternative simply provides that none of the provisions
Combining Education and Industry with Hospitality
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with respect to inspections contained in 19-2003 shall be
deemed or interpreted as being a repeal, amendment, modifi-
cation or dispensation of any minimum requirement laid down
by the laws of the State of Iowa with respect to inspection
of housing.
The requirement for annual inspection for multiple dwellings
has been a statutory duty incumbent upon this City ever since
its population exceeded 25, 000 . That probably occurred some-
time during the early 50 ' s . To my knowledge, no satisfactory
methodology for accomplishing this obligation has yet been
devised.
With regard to the City of Ames Housing Code in general and
the question of whether or not it is invalid as inconsistent
with State law, I will quote section 413 . 9 of the Code of
Iowa which provides :
"413 . 9 Minimum requirements -- power of cities .
The provisions of this chapter shall be held to be
the minimum requirements adopted for the protection
of health, welfare, and safety of the community.
Nothing herein contained shall be deemed to invali-
date existing ordinances or regulations of any city
or county imposing requirements higher than the
minimum requirements laid down in this chapter re-
lative to light, ventilation, sanitation , fire pre-
vention, egress , occupancy, maintenance and uses
for dwellings ; nor be deemed to prevent any city
subject to this chapter rom enacting an put ing
in force from time to time or finances an regu a-
tions imposing requirements fig er than the mini-
mum requirements aicT down in this chapter; nor
shall anything herein contained e deemed to pre-
vent such cities rom prescri 1ng or t e en orce-
ment of such ordinances and regulations , remedies
and penalties similar or additional to those
prescribed herein. Every city su ject to this
chapter is empowered to enact such ordinances and
regulations and to prescribe for t eir en orcement;
and to enact such other ordinances pertaining to
the housing of the people, not in conflict with
the provisions of this chapter, as s a e eemed
advisable by the city council . No—ordinance,
regulation, ruling or decision of any municipal
body, officer, or authority shall repeal, amend,
modify, or dispense with any of the said minimum
requirements laid down in this chapter, except as
specifically provided herein. "
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The language of this section can be interpreted as being a
clear statement of legislative intent that cities be free to
enact other ordinances and regulations that impose higher
requirements and establish remedies and penalties additional
to those set out as a minimum in the state housing law. A
challenge to the validity of the City' s ordinance then would
have to be based on the theory that our requirements are
somehow lesser or lower than those of the state law or con-
stitute a repeal or dispensation of some state law require-
ment. In fact, the complaints that we have heard have been
that our requirements are additional to and higher than the
requirements of the state law, and such a complaint would
not appear to be a proper basis for challenging the City
ordinance. The statutory language that I have quoted seems
to support the proposition that the state has not intended
to "pre-empt the field" of housing regulation but rather
intended to leave cities free to adopt such additional
standards and remedies as the cities reasonably determined
to be necessary to meet their needs.
Respectfully submitted,
John R. Klaus-
City Attorney