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HomeMy WebLinkAboutA012 - proof of publication, December 4, 1980 LEGAL NOTICE LEGAL NOTICE ORDINANCE NO. 2763 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING Proof of Publication in The CHAPTER 13 REGULATING RENTAL HOUSING; ENACTING NEW CHAPTER 13; AND ESTABLISHING AN EFFECTIVE DATE. AMES DAILY TRIBUNE BE IT ENACTED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa; .shall be and is hereby amended by repealing Chapter 13 and by enacting new Chapter 13 as follows: CHAPTER 13 • STATE OF IOWA, STORY COUNTY, ss. HOUSING, RENTAL Sec. 13.1. ADOPTION OF HOUSING STANDARDS STATEMENT OF I, SIfFJxP6lrl4r�'e'�RiXB1�s ?C, Robert J. PURPOSE. (1) The City of Ames, Iowa, hereby adopts by reference the Jacobsen, On oath depose and say that I am housing quality standards promulgated by the United States ,,yy����,,�����7�II X production foreman of the AMES Department of Housing and Urban Development, as set forth vv'F�uv in the Federal Register, December 29, 1978, Part VII, Sec. DAILY TRIBUNE, a daily newspaper, printed at 882.109, and as provided for by Section'One of House File 2536, enacted by the 69th General Assembly of the State of Ames, Story County, Iowa;that the annexed printed Iowa. (2) The purpose of this chapter is to establish minimum health •u' and safety standards for rental housing in the City of Ames, City r.)f i'lriies — C)Y•Ci1f1c ncc iF2763 Iowa. These standards relate to the conditioh_ maintenance, ( and occupancy of rental dwellings, and are tended to en- sure that rental housing is safe, sanitary, and suitable. (Ord. No. 2603, Sec. 2, 5-24-77) 1 Sec. 13.2. SCOPE. M This chapter applies to all rental dwelling units within the City of j Ames. An owner-occupied single family dwelling is specifically excluded published in said newspaper for 1 unless there are one or more roomers. Also excluded are hotels, mo- W8S P tels, University housing state-licensed health and custodial facilities. (Ord. No. 2603, Sec. 2, 5-24-77) 'I -H consecutive weeks,the first , Sec. 13.3. DEFINITIONS AND RULES OF CONSTRUCTION. ' and the last of said publication was on the 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 day of DeCPRIr)Pr includes the singular; the word "shall" is always mandatory. The words "dwelling," "dwelling unit," "lodging house," "rooming unit," and ,19 "premises" shall be con§trued as though they were followed by the 80 words "or any part thereof." I � I (1) Abate. To end a nuisance, emergency, or nonconformance. (2) Dwelling: Any house, building, or mobile home,`or portion Sworn to before me an(//Ubs ribed in my presence thereof intended to be occupied as the place of habitation of human beings, either permanently or transiently. by Robert J. (3) Dwelling unit: One or more rooms intended to be occupied by one family for living purposes. If a common area and facili- Jacobsen. ties for cooking and eating are provided in a dwelling for the use of the occupants of a rooming unit(s) therein or for fra- ternity or sorority members, such common area and facilities this 5 to day of December shall constitute a part of each dwelling unit for the purpose ,19O of inspection and compliance with this chapter, notwithstand- ing the fact that cooking is not allowed in rooming units. S. • (a) Apartment: A room or group of rooms intended to be �jr'!.l-� � /`.G _tary Public occupied for living, sleeping, cooking, and eating. (b) Fraternity house, sorority house: A building, other in and for Story County. than a hotel or motel; that is_occupied as a dwelling predominantly by members, candidates for membership, Fees,S 459.20 employees, and guests'of the same fraternity or sorori- ty. (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 fail- ure and resulting in a substantial health or safety hazard to I 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; in- (b) Lodging house: Also called rooming house; is a building flows of ground, drainage, or surface waters; failure of a portion thereof, other than i s hotel or�motel, and supplied utility--Electricity, gas, water, sewage, heat (but or not cooling). which provides rooms for sleeping, and is capable of !� (5) Family: An individual, or two (2) or more persons related to accommodating more than three (3) persons, for which F each other by blood, marriage, or legal adoption, including rents or fees are charged. I _ foster children, and not more than two (2) roomers; or in the (12) Occupant: Any person living, sleeping, cooking or eating in, _ alternative, not more than three (3) unrelated persons or having actual.possession of a dwelling unit. ( (6) Garbage: The animal and vegetable waste resulting from the (13) Operator: One natural person, Who may be the owner, living 8 handling, preparation, cooking, and consumption of food. close enough to Ames so as to conveniently have charge, A care, or control of a building including one or more rental (7) Habitable space: Spaee in a dwelling for living, sleeping, dwelling units. �- eating, or cooking. Bathrooms, toilet compartments, closets, i halls, storage or utility space, and similar areas are not (14) Owner: Afiy person who alone,, jointly, or as tenant in habitable space. common with others, has legal or equitable title to.any dwell- (8) in unit with or without accompanyingactual (8) Housing inspector: The inspector designated by the city g possession manager to be responsible for the enforcement of this chapter thereof. For the purposes of this chapter, "owner" includes t and such other city employees, regardless of department, as an agent of the owner empowered by the owner to act on the I have been trained in conducting inspections or parts of in- conditions or under the circumstances in question. spections., - (15) Owner-occupied single-family dwelling: Any townhouse, con- (9) I s ection p nffice: The division of permits and inspections of - - dominium, or detached dwelling that is occupied as a dwelling the City o Ames, Iowa the division is headed by the city by the owner or relative within the first degree of consan- guinity. It is one dwelling unit even if allowed roomers oc- inspector. , cupy part of the building. , (10) Letter of compliance: A document issued by the housing in- spector 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 condominiums, includ- ing but not limited to: (a) Boardinghouse: 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'. (16) Person: A natural person, heirs, executors, administrators Sec. 13.8. LETTER OF COMPLIANCE -- EFFECTIVENESS. or assigns and also a firm, partnership or corporation and A letter of compliance issued for a dwelling unit shall be effective its, or [heir, successors or assigns. until there is a change in ownership or operation, unless sooner re- (17) Plumbing: Includes the following supplied facilities and voked.pursuant to section 13.11. equipment: Gas, water, and waste pipes; sumps, drains, vents; and all supplied facilities and equipment connected to Sec. 13.9. INSPECTIONS. them. (1) Upon receiving an application for a letter of compliance, the (18) Premises: A lot and its buildings and other improvements. housing inspector shall arrange to inspect the dwel' g by (19) Rent: Payment of money, goods, labor, service or otherwise contacting the person designated as agent for communic tions For—use of a dwelling, concerning this act, pursuant to section 13.5 (1)(d) and (20) Rubbish: Any waste material except garbage. reouesting that person to set a time for the inspection. (21) Story: A story is that part of a building comprised between (2) The operator shall arrange such inspection within a r ason- able time, not to exceed two (2) weeks from the date ef the any floor and the floor or attic next above; the first story of housing inspector's request for inspection. Failure df the a building is the lowest story having at least one-half of its operator to do so may result in denial or revocation f the height of one or more walls.above the highest level of adjoin- letter of compliance. ing ground. (22) Supplied: Paid for, furnished, provided by, or under the (3) The operator agent shall be present the dwelling t the control of the owner or operator. time'set for inspection and shall accompany the ins rector during such inspection. (23) Tenant: An occupant of a rental dwelling unit who has signed a lease or made a verbal rental contract. (4) The housing inspector shall. conduct all inspections d ring reasonable hours of the day and after presentation of proper Sec. 13.4. VIOLATIONS AND.PENALTIES. identification. The owner may arrange, and the occ pant (1) No owner or operator shall rent or offer for rent any dwelling Cont.on page 15 unit for use in whole or in part for human habitation unless a _ valid letter of compliance has be,:n issued, or an application --- for the same is on file, for such dwelling unit. - -- (2) No person shall occupy, nor shallithe owner or operator allow shall have the opportunity, to be present during an i spec- ' any person to occupy, any dwelling unit more than thirty tion; such arrangements to be made by the operator. Written (30) days after the effective date of the denial or revocation application for a letter of compliance shall constitute c nsent of a letter of compliance for that dwelling unit or after the by the owner to an inspection. Arrangements to enter shall housing inspector finds that the vacation of the dwelling unit be made with occupant. In all cases, if the occup int or is owner of a dwelling unit refuses entry to conduct inspection, necessary before abatement of a nonconformance can rea- the housing inspector shall not conduct any such inspection sonably proceed. without a search warrant. (3) No person shall occupy, nor shall the owner or pperator allow any persons to occupy, any dwelling unit in excess of the (5) The housing inspector shall, whenever possible, inspe t any maximum occupancy permitted in section 13.36. dwelling at the request of the owner, or upon receipt of a (4) person shall permit a state of nonconformance to exist complaint from a person with demonstrable interest a evi- dence that the subject matter of the complaint has been re- nonconformance.the time set by the housing inspector for abating the ported to the operator in writing. In addition, the using nonconformance. - inspector may, at the housing inspector's own discretion, in- (5) No person shall fail to fulfill the specific obligations placed spect any dwelling as frequently as necessary. upon them by the provisions of this chapter relating to mini- mum property standards, whether they be owner, operator or occupant. ,(a) Persons with demonstrable interest are: Owner; Qccu- (6) Willful and repeated noncompliance with the requirements of pant or other occupant in the same dwelling; oer oroccupant of other premises within two-hundred (20)) feet this chapter by the owner, operator, or occupant shall con- of the premises in question. stitute a misdemeanor, punishable by.a fine of up to $100.00, or imprisonment up to 30 days in the county jail. 1 (b) The fact that,a complain[ of nonconformance wi h this (7) Persons in violation of sections 13.4 (1), (2), (3), (4), and chapter is made by the occupant shall not be us d as a (5) shall for each such violation be subject to a civil penalty ground, cause, or basis for termination of the t nancy of fifty dollars ($50.00) to be recovered for the use of the or reduction of services by the owner. inspection office. Such persons shall also be liable in such case for all costs, expenses, and disbursements paid or (c) If in the exercise of the housing inspector's discretion, incurred by said inspection office, by any of the officers, the housing inspector decides to inspect a category of w agents, or employees thereof in the abatement of any such dwellings-- violation. Such persons shall also be liable to eviction or to revocation of the letter of compliance. _ (i) specified by geographic area, by the first letter of (8) The housing inspector, upon finding an apparent violation of the occupant's or the owner's last name, or by this section, may institute appropriate legal proceedings. similar means (9) Application for a hearing under section 13.17 shall stay the effective date of the enforcement of this section. (ii) within a specified period of time (Ord. No. 2603, Sec. 2, 5-24-77) --then the housingins shall inspector p provide the general public Sec. 13.5. APPLICATION FOR A LETTER OF COMPLIANCE. with notice of such discretionary inspections by catsing a description of the category of the dwellings and tt e time (1) Application for a letter of compliance shall be submitted in period of these inspections to be published in a newsp iper of writing, on forms provided, to the housing inspector by the general circulation within Ames, Iowa, at least to days owner or operator who shall be required to provide all re- before the beginning of the discretionary inspections. quested information, including but not limited to: (6) The inspection of an owner-occupied single-family dwelling (a) The address or addresses of the dwelling. with roomers shall be limited to the utilities and the ar as oc- (b) The number and type of dwelling units in the dwelling. cupied and used by the roomers and to �he egress froi i those (c) The zoning district in which the dwelling is located. areas. (d) The name, address, and telephone number of: (7) During the course of an inspection, if the observations of the housing inspector suggesting that an elevator is-not in safe (i) The owner. and operating condition, the housing inspector shall report (ii) The operator who must be one natural person living such observations to the Iowa Labor Commissioner so an close enough to Ames so as to conveniently act as inspection may be conducted pursuant to Chapter 104, Iowa agent or operator, or other person with whom the Code (1979). housing inspector will communicate with respect to ' the dwelling unit and the requirements of this (8) Nothing contained in this section shall be interpr fed or chapter. deemed to be a repeal, amendment, modification of di pensa- (2) The failure of the applicant to provide any of the information tion of any housing standard or inspection requirement estab- re uired b section 13.50) may lished by the laws of the State of Iowa. q y y prevent the application from becoming effective for the purposes of this chapter, no[with- (Ord. No. 2603, Sec. 2, 5-24-77; Ord. No. 2672, Sec. 1,8-15-78) standing the payment of any fees. (Ord. No. 2603', Sec. 2, 5-24-77) Sec. 13.10. GRANT OF LETTER OF COMPLIANCE; Sec. 13.6. YEARLY REGISTRATION. (1) The housing inspector shall cause to be attached to the city', (1) If after inspection the dwelling is found to conform with the billing for inspection fees, authorized by section 13.7, a requirements of this chapter, the housing inspector shall yearly registration form. The registration form shall request issue a letter of compliance. an updating of at least the same information as required by Section 13.5. (2) At the final inspection of a rental unit after construction or (2) The owner shall return the completed registration form to the remodeling requiring a building permit, the building inspector housing inspector within thirty (3D) days of receipt of same. shall include the provisions of this chapter in the inst,ection, Failure to complete or return the registration form shall result and if the dwelling unit conforms, the inspector shall issue a in a revocation of the letter of compliance, or denial of the letter of compliance. If dwelling units of a duplex or ultiple application for the same. dwelling are not all completed at the same time, the iousing Sec. 13.7. FEES. inspector may issue a letter of compliance for each <welling There shall be established annually a reasonable schedule of fees unit conforming to the provisions of this chapter. for the purpose of defraying the cost of inspection, enforcement and (3) A copy of the letter of compliance shall be available for in- administration of the provisions of this chapter. Said fee schedule and spection at the inspection office. - the times and methods for payment .thereof shall be established by _ resolution of the city council. Amounts due and payable under said (4) The letter of compliance shall include at least: The ' forma- schedule of fees shall constitute a debt owed to the city and may be en- tion contained in the application, the date of inspecti n, the forced and collected as such. Failure or refusal to pay fees required name of the inspector and the date,of issue. shall also constitute a violation of this section. (Ord. No. 2603, Sec. 2, 5-24-77; Ord. No. 2710, Sec. 2, 3-27-79) (5) For multiple dwellings, the inspector may issue a b tier of compliance for the entire dwelling that includes all he re- quired information and that lists the address and r aximum occupancy for each dwelling unit. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.11. JEN1AL OR REVOCATION OF LETTER OF COMPLIANCE. (1) If after inspection a dwelling unit is found in nonconformance (e) During any period when the duty to pay rent is sus- with the requirements of this chapter, the housing inspector wended, and the occupant continues to occupy, the rent shall promptly notify the operator of the reasons for noncon- withheld shall deposited the tenant into escrow formance and shall record the notice with the housing inspec- account in a bank, [rust company or any otherr lending institution approved ce the City of Ames. If the owner tor's copy of the letter of compliance or application for same. expresses a preference as to the bank or financial insti- tution for the escrow such preference shall be honored (2) .Nonconformance shall be promptly abated. in the reasonable discretion of the Board of Appeals. (3) The operator may, within one week of the notice of noncon- Said rent shall be paid to the owner when the dwelling formance, enter into an agreement with the housing inspector unit 6 issued a letter a compliance at any was certifieddetailing a program to abate nonconformances requiring four- six en months from the date p which it was certified teen (14) 6r more days, during which time section 13.4 shall for rent escrow. Any funds deposited in escrow may be used by the owner for.the purpose of making such be stayed. dwelling unit comply with the housing code pursuant to (4) If the operator does not enter into an agreement under pars- adopted escrow procedures. No occupant shall be evict- graph (3) above, and if the dwelling unit is presently occu- ed for any reason relating to nonpayment of rent while •pied, the housing inspector shall within two (2) weeks of the the rent is deposited escrow. However, an occupant notification of nonconformance notify the occupants of each may be evicted for holding over after the end of the lease term t e any written lease. After six months affected dwelling unit by mail addressed to "occupant" of the from the date of certification, the owner may evict the reasons for nonconformance that eviction may be imminent and occu ant for p purposes of vacating or demolition said of the right to a hearing. However, failure,of such occu- premises if the owner deems it to be economically unfeas- pants to receive such notice shall not bar proceedings to ible to repair or renovate the premises. In that event, enforce any denial or revocation of the letter of compliance no letter of compliance shall be issued and no person against the owner/operator. shall occupy siad premises for a period of one year (5) The owner/operator shall be entitled to one free reinspection following the occupants' eviction: If, at the end of six (6) months after the dwelling unit was certified for rent by the housing inspector to determine whether the terms,of escrow such dwelling unit has not been issued a hAter of ` the agreement have been fulfilled. compliance, any monies unencumbered or remaining in (6) Repair and Deduct escrow shall be payable to the depositor. (f) The City Manager shall develop and establish written The tenant may, within two (2) weeks of being notified of the procedures for the deposit and disbursement of all nonconformance by the housing inspector appeal to the hous- monies derived as a result of the rent escrow program. ing appeal board for permission to abate by repair and de- Such procedures shall be adopted by resolution by the duct. The appeal shall be granted if: City Council. (a) The nonconformance was not caused by an occupant or other person on the premises with the consent of the occupant. (b) The reasonable costs of abatement is less than Two (8) The letter of compliance shall be denied or revoked if: hundred ($200.00) or one month's rent whichever is (a) The owner/operator does not enter into an agreement greater. The appeal shall include two (2) written esti- - with the housing inspector to abate the nonconformance, mates .from appropriate firms of the cost to abate, and and, the nonconformance has not been promptly abated; the appeal board shall decide which estimate shall be or accepted. (c) The operator has been notified in writing of the tenants (b) The dwelling unit is not in conformance at the end of intention to appeal for repair and deduct. the period specified by the inspector in the written + agreement. However, the inspector may extend the time The tenant shall submit an itemized paid statement, with lien specified in the agreement if, through no fault of the waivers from suppliers of materials and labor for the abate- owner and despite good faith efforts to comply, the work ment, to the owner and deduct from the next rental payment, has been delayed. or bill the owner for the actual cost of the repair work or the amount specified in (b) whichever is less.. (c) The housing inspector knows that the dwelling unit is in violation of Chapter 29 (Zoning) of the Ames Municipal (7) Rent Escrow Code. This provision shall not be construed to require the housing inspector to be knowledgeable of city zoning (a) Notwithstanding any other provision of law or any other ordinances. agreement, whether oral or written, if an owner of ' residential premises fails to abate a nonconformance (9) Upon denial or revocation of the letter of compliance, the within one week of the notice of nonconformance, the housing inspector shall notify the operator and the occupants housing inspector shall, within two weeks of the notice in writing. of nonconformance, serve notice in writing that the (Ord..No. 2603, Sec. 2, 5-24-77) dwelling unit may eligible for rent escrow. Said Sec. 13.12. ABATEMENT OF OCCUPANT NONCOMPLIANCE. notice shall be sentt by certified mail, return receipt requested, to the owner and to each occupant affected by the notice. (1) If after inspection the occupant is found in noncompliance with the requirements of this chapter, the housing inspector (b) The occupant may, within thirty (30) days of being noti- shall promptly notify the occupant and the operator of the fied of the nonconformance, file with the City Clerk,,an reasons for nonconformance. appeal to the housing appeal board for certification of rent escrow and give the owner, or the person designat- (2) If said occupant does not abate the noncompliance within a ed as the owner's agent pursuant to Section 13.5(l)(c), time set by the housing inspector, the inspector may proceed written notice of the appeal evidenced by a signed against the occupant and, if the noncompliance is substantial, acknowledgement of receipt. If certification is granted, shall require abatement by the operator within a reasonable the tenant may recover the filing fee for the appeal from time not to exceed thirty (30) days. The operator may the escrow account as a necessary expense of making the - assess the reasonable cost thereof to the occupant plus the dwelling unit conform to the housing. code. The City costs of additional inspection. Clerk shall develop appropriate forms for rent escrow appeals and make such forms available to the public at (3) The dwelling unit shall 4e provided one free inspection by request. the housing inspector to determine whether the noncompliance has been abated. (c) The housing appeal board shall grant certification of (Ord. No. 2603, Sec. 2, 5-24-77) rent escrow when: Sec. 13.13. EMERGENCY ABATEMENT. (i) the occupant produces the housing inspector's (1) If an emergency seems to exist and the occupant cannot ob- written notice that the occupant's dwelling unit may Lain prompt relief from the operator, the occupant or other be eligible for rent escrow issued within thirty (30) person may ask the housing inspector to find that an emer- days of the filing of the appeal; a signed rent gency does exist that constitutes a substantial hazard to the escrow agreement with a bank, trust company or occupant's health and safety. other lending institution approved by the city bearing a certificate of the Story County Recorder (2) If the housing inspector finds that such an emergency exists, that the sane has been recorded; .and the owner's and that the owner or operator will not or cannot within a signed acknowledgement of receipt of the notice of reasonable time abate the emergency, and that the emergency appeal. - can be readily abated, the housing inspector shall cause abatement and shall notify the owner by certified mail of the pliance issued (ii) the owner d not produce a certificate of come by the housing inspector for the actions taken, the cost to be assessed, and the owner's right occupant's dvelling'unit after the noticeof non- to appeal under section 13.17. + conformance;and, (3) If the housing inspector finds that an emergency exists that cannot be readily and reasonably abated the letter of compli- (iii) the occupant shows that the nonconformities found ante shall be immediately revoked or the application immedi- by the housng inspector were not caused by an ately denied. occupant, or another person on the premises with , the consent f an occupant, beyond ordinary wear (4) If no emergency is found to exist, the housing inspector shall and tear; -proceed under section 13.11. (d) When the housing appeal board grants certification of (Ord. No. 2603, Sec. 2, 5-24-77) rent escrow for a dwelling unit, the duty of the occu- pant of that dwelling unit to pay rent and the right of the owner to receive such rent shall be suspended without affecting any other terms of the landlord/tenant relationship until the owner receives a letter of com- pliance for the dwelling unit or until the tenant' terminated for any reason other than nonpaymer rent. . Sec. 13.14. HOUSING APPEAL BOARD, MEMBERSHIP. There is created a housing appeal board consisting of five (5) Sec. 13.21. JURISDICTION OF HOUSING APPEAL BOARD. members who shall serve without compensation. The mayor, with the approval of the city council, shall nominate and appoint electors of the The jurisdiction of the housing appeal board is limitec to enforce- city as members of the housing board of appeal. Members appointed by enforce- ment of this chapter of the municipal code. Nothing in this section is the mayor with the approval of the city council shall serve for three intended to repeal, amend, or modify the jurisdiction of a y boards of (3) years; provided, however, that no member of the board shall be appeal created by the laws of the State of Iowa with jurisdiction to en- eligible for more than one reappointment to the board and ift no case force state housing or building.laws. shall sKve more than six (6) consecutive years. Vacancies on the MINIMUM PROPERTY STANDARDS board shall be filled by appointment in the same manner as for unex- pired terms. Any and all members may be removed by the mayor with Sec. 13.22. CONSTRUCTION. 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 (1) Each dwelling unit shall be reasonably weathe..ight. All vote of a majority of its members, any and all members of the appeal areas of the building shall be structurally sound. board may be removed from office. (Ord. No. 2603, Sec. 2, 5-24-77) (Ord. No. 2603, Sec. 2, 5-24-77) (2) A dwelling unit which is a mobile home shall b secured to Sec. 13.15. ORGANIZATION, OFFICERS. the mobile home stand with ti-down. and grou d anchors. Ground anchors shall be placed not more than twelve (12) Immediately upon appointment, members of the housing appeal feet on center beginning from the front end of the mobile board shall organize and select one member as chair and one as vice- home. Not more than six (6) feet of open end spacing shall chair. The city clerk or deputy city clerk shall serve as secretary of be provided at the rear line of the mobile home Etand unless the board. The city attorney shall be the attorney for the board. additional ground anchors are installed. Tiedow s shall be (Ord. No. 2603, Sec. 2, 5-24-77) attached to the mobile home's main framing members. Sec. 13.16. BOARD MEETINGS. The frame, wheels, crawl[space storage area, and utility Except for the annual meeting in April of each year to elect.a connections of all mobile homes shall be concealed from views {, chair and vice-chair, the board shall meet at the call of the chair, or by skirting which shall be of a durable all-weather construc- i in the absence of the chair, the vice-chair, and within thirtytion which is consistent with the exterior of the bile home. of any application for a hearing to consider appeals from decisions a of p the housing inspector ,rendered pursuant to the provisions of this Sec. 13.23. DOORS AND WINDOWS. chapter; or, an application for repair and deduct or rent escrow. The presence of three (3) members of the board shall be necessaryto con- Each entrance door . a dwelling unit shall be supplied with a lock stitute a quorum. The concurring vote of three 3 and have a reasonable fit. Glass doors and windows shall be unbroken. necessary to overrule the decision of the housing inspectocbers shall be Storm doors and windows shall be hung from Fall until Spring. Screens (Ord. No. 2603, Sec. 2, 5-24-77) shall be in good repair. Sec. 13.17. HEARING. (Ord. No. 2603, Sec, 2, 5-24-77) Sec. 13.24. WALL AND FLOOR PENETRATIONS. Any aggrieved person may within two (2) weeks of the date of Wall and floor penetrations, such as for utility lines, s all be en- adverse written decision of a housing inspector file a written application closed or sealed with a fire-retardant material to reduce spi ead of fire for hearing before the housing appeal board. Such application should or passage of vermin. be made upon forms to be supplied by the ciyy clerk and shall include a copy of the decision appealed, the specific details being appealed, and (Ord. No. 2603, Sec. 2, 5-24-77) such other documentary evidence as the appellant desires to bring to Sec. 13.25. ROOF DRAINAGE. the attention of the board. Such application shall be accompanied by a filing fee of twenty dollars ($20.00) which shall be returned to an Roof drainage shall be appellant who prevails at the hearing. The city clerk shall publish provided to avoid discharge on steps, walkways, or entrances where possible. notice of the scheduled hearing in a paper of general circulation in Ames at least three (3) days before the hearing date. (Ord. No. 2603, Sec. 2, 5-24-77) (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.26. HANDRAILS AND GUARDRAILS. Sec. 13.18. HEARING PROCEDURE. - i (1) Handrails or guardrails shall be provided on; . To assure orderly procedure, the housing inspector, or a desig- nee, shall present the records, reports, and testimony of witnesses to (a) Stairs with five (5) or more risgrs. 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 wit- nesses shall be subject to cross examination by the opposing party. (b) Landings, platforms, or other grade changes of three The appellant shall have the burden of proof. (3) feet or more. (Ord. No. 2603, Sec. 2, 5-24-77) ( (2) Handrails shall be installed at thirty (30) inches to thirty- Sec. 13.19. HEARING TO BE PUBLIC. four (34) inches above the stair nosing. Guardrails shall be installed forty-two (42) inches above the floor or grade. Hearings shall be open to the public during the presentation of testimony and other evidence and during any argument or discussion (3) Open handrails and guardrails shall have reasonabl provi- the board may permit. Upon completion of the submission of evidence, sions against children falling through below the rail. the board shall make findings and a determination based thereupon. The board may request assistance from the city attorney's office in (4) Handrails and guardrails shall be securely attachec to the formalizing its findings and determinations, which shall be issued in structure. written form. Findings and determinations will be made no later than thirty (30) days after the hearing. Sec. 13.27. UPKEEP. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.20. POWERS OF THE HOUSING APPEAL BOARD. Dwelling units and premises shall be free of garbage and reason- ably free of rubbish. Rodent and pest harborages should te elimi- The housing appeal board may on the basis of its findings and de- nated. terminations, and for each element of nonconformance appealed: (Ord. No. 2603, Sec. 2, 5-24-77) (1) Affirm the determination appealed. Sec. 13.28. PLUMBING AND HEATING. (2) Overrule a determination it finds in error. (1) Water supply and sanitary sewer systems shall be proved public or private systems, and shall not leak an should provide adequate flow. Sewage systems shall be m intained (3) If it determines that a dwelling unit is in sufficient confor- so as to minimize backup. Walls, ceilings, and floors shall be mance with the requirements of this chapter that there would 'essentially free from evidence of surface, ground, roof or not be any substantial danger to the health or safety of drainage water. occupants and that such an action would be in the best interest of the public, it may: (2) Exhaust gases from fuel-burning water and space-heating units shall be adequately vented to not less than two (2) feet (a) Set a reasonable time for partial or complete abatement. above the roof of the building; such units shall be provided (b) Grant a variance and order the inspector to issue a le[- an adequate air supply. ter of compliance. (3) Any fuel-burning space-heating unit located within a sleeping (c) Permit current occupants to remain for a reasonable time room shall also be provided with an adequate air supply from the exterior. 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 extend- -(4) Every heating unit shall be protected against malfunc ion with ed adequate safety devices. (4) The housing appeal board may determine the reasonable - (5) Every gas pipe shall be sound, free of leaks or obsti uctions, amount to be assessed the owner for emergency abatement and sized to provide an adequate flow of gas. performed pursuant to section 13,13. (6) Appliances shall be connected to gas piping with ri 'd metal (5) Before the appeal board or acceptable flexible piping. Where a flexible con ector is pp grants a variance c the provisions used, a shut-off valve shall be in in the rigid metal m sections of through 13.35, it shall receive the recom- - near the connection mendations of the fire chief. (Ord. No. 2603, Sec. 2, 5-24-77) (6) Appeals to decisions relative to section 13.35 may be made to the state fire marshal. Variances granted by the state fire marshal shall also be granted by the housing appeal board. '(7) 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. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.29. ELECTRICAL. b. the ground can be reached without having to (1) The electrical system of every dwelling unit shall be installed drop more than one story. and maintained so as to be reasonably safe to the occupants and the structure. (iii) Dwelling units above the second story shall have (2) Temporary wiring (extension cords) shall not lie beneath floor two means of exit. coverings, extend through walls, doorways, transoms, or similar apertures; or do other than connect a convenience (b) Stairways connecting more than two stories shall be en- outlet to portable electrical appliances. Extension cords shall closed and shall not be of less than 1 hour fire rated not be overloaded. resistive construction. (3) No operator or tenant shall install or use electrical space (c) Hazardous areas (i.e., boiler rooms, storage areas, etc.) cooling or heating equipment unless the owner has installed shall be separated from habitable spaces with 1 hour fire the equipment or given permission to install and use it. rated construction. (4) Fuses, or equivalent, shall not exceed the size recommended (d) Exits shall be identified as such and maintained clear of for each circuit by the Ames Electrical Code. trash, debris and personal property. (5) Each habitable space or room shall have at least two electrical (e) Interior wall and ceiling finishings shall not consist of outlets, and an overhead light may be counted as an electrical hazardous materials (i.e., styrofoam, burlap, para- outlet. chutes, etc.). (Ord. No. 2603, Sec. 2, 5-24-77) (f) Doors to corridors and stairwells shall be of 1 hour fire Sec. 13.30. WINDOW SPACE. rated construction. (1) When a means of emergency egress is required by the rules (g) Buildings shall display street address and dwelling units of the State Fire Marshall, adopted by Section 13.35, the shall be identified by number or letter. window space acting as such exit shall have an unobstructed height of at least 24 inches, width of at least 20 inches, and (h) Gasoline powered equipment shall not be stored in dwell- finished sill height of 44 inches or less. ings. (2) All habitable rooms shall be provided with natural light by (i) Corridors and areas around meters and furnaces shall means of exterior glazed openings with a minimum area of 10 be kept clear of trash, debris, andpersonal property. square feet per apartment. (Ord. No. 2603, Sec. 2, 5-24-77) - (3) All habitable rooms and bathrooms shall have mechanical Sec. 13.36. MAXIMUM OCCUPANCY. ventilation or natural ventilation provided by easily operable exterior openings with a minimum of five square feet per (1) In all cases, each dwelling unit shall provide habitable floor apartment. space totaling at least eighty (80) square feet for the first occupant and sixty (60) square feet for each additional occu- (4) For the purpose of determining light and ventilation require- pant. ments: (Ord. No. 2603, Sec. 2, 5-24-77) (a) Any room may be considered as a portion of an adjoining (2) Notwithstanding the excess of floor space over that required room when the common wall has an unobstructed opening by subsection one of this section, the maximum occupancy of of at least 25 square feet. a rooming unit shall be one family. (Ord. No. 2603, Sec. 2, 5-24-77). (b) Openings of less than 11 square feet shall not be includ- ed in computations. (3) Notwithstanding the excess of the floor space over that re- (Ord. No. 2743, Sec. 1, 1-15-80) quired by subsection one of this section, the maximum occu- pancy of a dwelling unit other than a rooming unit shall be Sec. 13,31. LIGHT. one family, except: (1) The owner shall provide, near the entrance to each room, a (a) one family plus one additional roomer in zoning districts switched convenience outlet or a light fixture capable of pro- R-3. viding sufficient light for each square foot in each habitable (b) one family plus two additional roomers in zoning districts room, bathroom, water closet compartment, and hallway within At, R4 and the commercial and industrial districts. the dwelling unit. (Ord. No. 2603, Sec. 2, 5-24-77) (2) The owner shall provide light and supply light bulbs for all Sec. 13.37. PLUMBING FACILITIES. public halls and stairways at all times. (0rd. No. 2603, Sec. 2, 5-24-77) (1) Each apartment shall have:• Sec. 13.32. PAINT. (a) Two permanent and functioning sinks with plumbing for (1) No paint containing lead shall be applied in or on any rental hot and cold water, one sink located to afford privacy dwelling. and another sink located in the kitchen area. (2) In dwelling units peeling, blistered, or flaking paint shall be (b) A room which affords privacy and which is equipped removed or effectively covered in a workmanlike manner so as with a flush water closet. to provide a smooth, easily cleaned finish. - - (Ord. No. 2603, Sec. 2, 5-24-77) (c) A bathtub or shower with plumbing for hot and cold water, and located to afford privacy. Sec. 13.33. SMOKE DETECTORS, UL APPROVED TYPE. (d) Functioning water heating facilities capable of heating (1) The owner shall provide each dwelling unit and the common two (2) gallons of water per hour through one-hundred halls'of each multiple dwelling with at least one functioning degrees .(100°) F. for each occupant, and supplying UL-approved smoke detector. (2) Wlere the occupants sleep in more than one story of a dwell- inf unit, a smoke detector shall be provided in the bedroom ar-a or hallway of each story, and any place containing an intended sleeping area. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.34. FIRE EXTINGUISHERS, APPROVED TYPE. All dwiling units shall have one 2% pound type ABC fire extin- guisher, orin the alternative, there shall be one 5 pound ABC fire extinguishes supplied and placed on each floor of a dwelling within seventy-five(75) feet of every unit entrance. (Ord. A. 2603, Sec. 2, 5-24-77) Sec. 13.35.MINIMUM REQUIREMENTS, FIRE SAFETY. (1) Te rules established by the state fire marshal pursuant to is Iowa Administrative Procedure Act and appearing in the Iva Administrative Code, as they may be amended from time t time, that set fire safety standards for rental dwellings sll be enforced as a minimum requirement under this chap- r. ('2) ' the extent that the following are, or may not be, included ithe rules of the State Fire Marshall, they are hereby de- ared to be additional requirements for fire safety in rental ,its: (2 Every dwelling unit shall have either access directly out- side or two means of exit reached by travel in different directions. (i) Dead end corridors cannot exceed the first 20 feet of exit travel from any room door. (ii) Windows may be counted as an exit if: a. they are easily openable and lead directly out- I doors; and water at not less than one-hundred twenty degrees (120°) F. at every kitchen sink, lavatory, bathtub, and shower. (e) Safe heating facilities capable of heating all habitable rooms, bathrooms, and water closet compartments to at least sixty-eight degrees (68o) F. (20°C.) at a distance (c) Occupants shall'not store or house hazardous combustible three (3) feet above the floor and five (5) feet away materials in any rental dwelling, cludin from any exterior wall at all times. mowers, vehicles, or other contaute g gasoline to (Ord. No. 2603, Sec. 2, 5-24-77) (d) Exterminating rodents, insects, anI other pests when (2) In lodging, boarding, fraternity and sorority houses, the only the occupants dwelling unit is Effected. maximum number of persons who shall have access to the same (e) Safe disposal of hazardous material bathroom facilities as in (a), (b), (c) above is four (4). such as hot coals Such facilities shall be located to afford privacy and to be from furnace or grill, paints and o[h r combustibles, and accessible from a common hall or passage way to all persons pesticides and other hazardous chemi als. sharing the facilities. (f) Maintaining supplied fire extinguishers and smoke de- (3) In each boarding, lodging, use, s let tectors. only to males, fush urinals ialsomayr be substitutedfpr noroot more than one-half the required water closets. (g) Using light bulbs that do not exceed the size recom- mended by the fixture manufacturer. (4) In each boarding, lodging, fraternity house, or sorority house the following heating and water heating facilities are - (h) Supplying properly sized fuses, or their equivalent as required: needed during occupancy for those ircuits serving only the occupant's dwelling unit. (a) Functioning water heating facilities capable of heating (i) Disposing of rubbish, garbage and )ther organic waste two (2) gallons of water per hour through one-hundred in a clean and sanitary manner, by placing it in disposal degrees (100o) F. (37.80C.) for each occupant, and facilities or storage containers, and y reclosing or re- supplying water at not less than one-hundred twenty placing container lids. ' degrees (120°) F. (48.91C.) at every kitchen sink, lavatory, bathtub, and shower. (j) Maintaining that part of the dwelling and premises wNch (b) Safe heating facilities capable of heating all habitable the occupant occupies in a clean, safe and sanitary c9n- rooms, bathrooms, and water close[ compartments to at dition. least sixty-eight degrees (68°) F. (20°C.) at a distance (Ord. No. 2603, Se, 2, 5-24-7]) ' three feet above the floor and five (5) fee[ away from anyy exterior wall at all times. (k) Supplying every window of each dwelling unit with(Ord. No. 2603, Sec. 2, 5-24-71) shades, draw drapes, or other devices or materials which, when properly used, afford privacy to the occu- Sec. 13.38. OWNER'S AND OCCUPANT'S RESPONSIBILITIES. pant of each dwelling unit. etion Two. All ordinances or parts of ordinances i conflict heret6ith (1) Owners or operators shall be responsible for: a here y be repealed to the extent of such confhc . e (a) Displaying the letter of compliance to each new tenant, ;ection Three. This ordinance shall be in full fore and effect Oom unless there is an application for the letter of compliance and a ter ecember 31, 1980.still on file, and maintaining the letter of compliance rti where accessible for inspection by the occupants or the Passed this 25th day of November housing inspector and shall provide a copy to the tenant 1980. on request. (b) Informing the occupants of whom to notify in case of an emergency. This information should be available in each I.. Bic nese, fty erk dwelling unit. �a. .od'lE%n .Oy ,":;(Zi (c) Informing tenants of requirements relative to parking PubliShed i The Afn�s spaces. Daily Tribune, December f4, 1980. (d) Maintaining public areas of the premises in a clean and sanitary condition; keeping floors, floor coverings, 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 prem- ises. (e) Exterminating rodents, insects, and other pests when more than one unit or a common area is affected. (f) Providing required fire extinguishers and smoke detec- tors in good working condition at the beginning of each tenancy. (g) Supplying properly sr.ed fuses or equivalent, at the beginning of each tenant's occupancy. (h) 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. G) Installing supplied storm doors and storm windows, except to thermal pane windows, at the beginning of the cold weather season and removing them in the spring. (j) 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. (k) Removing snow and ice from walks and drives. ()V Mowing lawns, trimming shrubs and trees, and control- ling weeds to maintain.the premises in a neat condition, comparable to other premises in the neighborhood. (m) Providing for garbage and rubbish removal and supply- ing such facilities or containers as are necessary for the sanitary disposal of all garbage and rubbish. (Ord. No. 2603, Sec. 2, 5-24-77) (2) The owner/operator may enter into a written agreement with some other person(s) who will maintain public areas, remove and install supplied screens and storm windows, remove snow and ice, mow lawns, trim shrubs, control weeds, or remove garbage and rubbish. Such written agreement does not diminish the responsibility of the owner/operator to see that these requirements are fulfilled. (3) 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: (a) Notifying the operator, preferable in writing, of main- tenance needed on the dwelling or supplied equipment and of unsafe or unsanitary conditions. (b) Keeping all equipment and fixtures in the occupant's dwelling unit clean and in a sanitary condition and exer- cising reasonable care in the use and operation thereof.