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HomeMy WebLinkAbout~Master - Regulating Rental Housing f ORDINANCE NO. 2763 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING CHAPTER 13 REGULATING RENTAL HOUSING; ENACTING NEW CHAPTER 13; AND ESTABLISHING AN EFFECTIVE DATE. 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 HOUSING, RENTAL Sec. 13.1. ADOPTION OF HOUSING STANDARDS - STATEMENT OF PURPOSE (1) The City of Ames, Iowa, hereby adopts by reference the • housing quality standards promulgated by the United States Department of Housing and Urban Development, as set forth in the Federal Register, December 29, 1978, Part VII, Sec. 882. 109, and as provided for by Section One of House File 2536, enacted by the 69th General Assembly of the State of Iowa. (2) 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 en- sure that rental housing is safe, sanitary, and suitable. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.2. SCOPE. This chapter applies to all rental dwelling units within the City of Ames. An owner-occupied single family dwelling is specifically excluded unless there are one or more roomers. Also excluded are hotels, mo- tels, University housing, state-licensed health and custodial facilities. (Ord. No. 2603, Sec. 2, 5-24-77) 2 Sec. 13.3. DEFINITIONS AND RULES OF CONSTRUCTION. For the purpose of interpreting this article, certain words, terms and expressions are herein defined. Words used in the present tense include the future; the singular number includes the plural, the plural includes the singular; the word "shall" is always mandatory. The words "dwelling," "dwelling unit," "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. (3) Dwelling unit: One or more rooms intended to be occupied by one family for living purposes. If a common area and facili- 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 shall constitute a part of each dwelling unit for the purpose of inspection and compliance with this chapter, notwithstand- ing the fact that cooking is not allowed in rooming units. (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 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 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- flows of ground, drainage, or surface waters; failure 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. 3 (6) Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption 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 inspector designated by the city manager to be responsible for the enforcement of this chapter and such other city employees, regardless of department, as have been trained in conducting inspections or parts of in- spections. (9) Inspection office: The division of permits and inspections of the City of Ames, Iowa the division is headed by the city inspector. (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. (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 accommodating 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: One natural person, who may be the owner, living close enough to Ames so as to conveniently have 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 dwell- ing unit with or without accompanying actual possession thereof. For the purposes of this chapter, "owner" includes an agent of the owner empowered by the owner to act on the conditions or under the circumstances in question. 4 • (15) Owner-occupied single-family dwelling: Any townhouse, con- dominium, or detached dwelling that is occupied as a dwelling by the owner or relative within the first degree of consan- guinity. It is one dwelling unit even if allowed roomers oc- cupy part of the building. (16) Person: A natural person, 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 equipment connected to them. (18) Premises: A lot and its buildings and other improvements. (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 of its height of one 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. Sec. 13.4. VIOLATIONS AND PENALTIES. (1) No owner or operator shall rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a valid letter of compliance has been issued, or an application for the same is on file, for such dwelling unit. (2) No person shall occupy, nor shall the owner or operator allow any 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 rea- sonably proceed. (3) No person shall occupy, nor shall the owner or operator allow any persons to occupy, any dwelling unit in excess of the maximum occupancy permitted in section 13.36. 5 (4) No person shall permit a state of nonconformance to exist after the time set by the housing inspector for abating the nonconformance. (5) No person shall fail to fulfill the specific obligations placed upon them by the provisions of this chapter relating to mini- mum property standards, whether they be owner, operator or occupant. (6) Willful and repeated noncompliance with the requirements of this chapter by the owner, operator, or occupant shall con- stitute a misdemeanor, punishable by a fine of up to $100.00, or imprisonment up to 30 days in the county jail. (7) Persons in violation of sections 13.4 (1), (2), (3), (4), and (5) shall for each such violation be subject to a civil penalty of fifty dollars ($50.00) 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, may institute appropriate legal proceedings. (9) Application for a hearing under section 13.17 shall stay the effective date of the enforcement of this section. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.5. APPLICATION FOR A LETTER OF COMPLIANCE. (1) Application for a letter of compliance shall be submitted in writing, on forms provided, to the housing inspector by the owner or operator who shall be required to provide all re- quested information, including but not limited to: (a) The address or addresses of the dwelling. (b) The number and type of dwelling units in the dwelling. (c) The zoning district in which the dwelling is located. (d) The name, address, and telephone number of: (i) The owner. 6 (ii) The operator who must be one natural person living close enough to Ames so as to conveniently act as agent or operator, or other person with whom the housing inspector will communicate with respect to the dwelling unit and the requirements of this chapter. (2) The failure of the applicant to provide any of the information required by section 13.5(1) may prevent the application from becoming effective for the purposes of this chapter, notwith- standing the payment of any fees. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.6. YEARLY REGISTRATION. (1) The housing inspector shall cause to be attached to the city's billing for inspection fees, authorized by section 13.7, a yearly registration form. The registration form shall request an updating of at least the same information as required by Section 13.5. (2) The owner shall return the completed registration form to the housing inspector within thirty (30) days of receipt of same. • Failure to complete or return the registration form shall result in a revocation of the letter of compliance, or denial of the application for the same. Sec. 13.7. FEES. There shall be established annually a reasonable schedule of fees Res, 7e1-150 for the purpose of defraying the cost of inspection, enforcement and 3/�-7/79 administration of the provisions of this chapter. Said fee schedule and the times and methods for payment thereof shall be established by ad resolution of the city council. Amounts due and payable under said schedule of fees shall constitute a debt owed to the city and may be en- forced and collected as such. Failure or refusal to pay fees required shall also constitute a violation of this section. (Ord. No. 2603, Sec. 2, 5-24-77; Ord. No. 2710, Sec. 2, 3-27-79) Sec. 13.8. LETTER OF COMPLIANCE -- EFFECTIVENESS. A letter of compliance issued for a dwelling unit shall be effective until there is a change in ownership or operation, unless sooner re- voked pursuant to section 13.11. Sec. 13.9. INSPECTIONS. (1) Upon receiving an application for a letter of compliance, the housing inspector shall arrange to inspect the dwelling by • contacting the person designated as agent for communications concerning this act, pursuant to section 13.5 (1)(d), and requesting that person to set a time for the inspection. 7 (2) The operator shall arrange such inspection within a reason- able time, not to exceed two (2) weeks from the date of the housing inspector's request for inspection. Failure of the operator to do so may result in denial or revocation of the letter of compliance. (3) The operator or agent shall be present at the dwelling at the time set for inspection and shall accompany the inspector during such inspection. (4) The housing inspector shall conduct all inspections during reasonable hours of the day and after presentation of proper identification. The owner may arrange, and the occupant shall have the opportunity, to be present during an inspec- tion; such arrangements to be made by the operator. 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 to conduct inspection, the housing inspector shall not conduct any such inspection without a search warrant. (5) The housing inspector shall, whenever possible, inspect any dwelling at the request of the owner, or upon receipt of a complaint from a person with demonstrable interest and evi- dence that the subject matter of the complaint has been re- ported to the operator in writing. In addition, the housing inspector may, at the housing inspector's own discretion, in- spect any dwelling as frequently as necessary. (a) Persons with demonstrable interest are: Owner; occu- pant or other occupant in the same dwelling; owner or occupant of other premises within two-hundred (200) feet of the premises in question. (b) 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. (c) If in the exercise of the housing inspector's discretion, the housing inspector decides to inspect a category of dwellings-- (i) specified by geographic area, by the first letter of the occupant's or the owner's last name, or by similar means . (ii) within a specified period of time 8 • --then the housing inspector shall provide the general public with notice of such discretionary inspections by causing a description of the category of the dwellings and the time period of these inspections to be published in a newspaper of general circulation within Ames, Iowa, at least ten days before the beginning of the discretionary inspections. (6) The inspection of an owner-occupied single-family dwelling with roomers shall be limited to the utilities and the areas oc- cupied and used by the roomers and to the egress from those areas. (7) During the course of an inspection, if the observations of the housing inspector suggesting that an elevator is not in safe and operating condition, the housing inspector shall report such observations to the Iowa Labor Commissioner so an inspection may be conducted pursuant to Chapter 104, Iowa Code (1979) . (8) Nothing contained in this section shall be interpreted or deemed to be a repeal, amendment, modification of dispensa- tion of any housing standard or inspection requirement estab- lished by the laws of the State of Iowa. (Ord. No. 2603, Sec. 2, 5-24-77; Ord. No. 2672, Sec. 1, 8-15-78) Sec. 13.10. GRANT OF LETTER OF COMPLIANCE; (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 construction or remodeling requiring a building permit, the building 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 a letter of compliance for each dwelling unit conforming to the provisions of this chapter. (3) A copy of the letter of compliance shall be available for in- spection at the inspection office. (4) The letter of compliance shall include at least: The informa- tion contained in the application, the date of inspection, the name of the inspector and the date of issue. . (5) For multiple dwellings, the inspector may issue a letter of compliance for the entire dwelling that includes all the re- quired information and that lists the address and maximum occupancy for each dwelling unit. (Ord. No. 2603, Sec. 2, 5-24-77) 9 i Sec. 13.11. DENIAL OR REVOCATION OF LETTER OF COMPLIANCE. (1) If after inspection a dwelling unit is found in nonconformance with the requirements of this chapter, the housing inspector shall promptly notify the operator of the reasons for noncon- formance and shall record the notice with the housing inspec- tor's copy of the letter of compliance or application for same. (2) Nonconformance shall be promptly abated. (3) The operator may, within one week of the notice of noncon- formance, enter into an agreement with the housing inspector detailing a program to abate nonconformances requiring four- teen (14) or more days, during which time section 13.4 shall be stayed. (4) If the operator does not enter into an agreement under para- graph (3) above, and if the dwelling unit is presently occu- pied, the housing inspector shall within 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 may be imminent and of the right to a hearing. However, failure of such occu- pants to receive such notice shall not bar proceedings to enforce any denial or revocation of the letter of compliance against the owner/operator. (5) The owner/operator shall be entitled to one free reinspection by the housing inspector to determine whether the terms of the agreement have been fulfilled. (6) Repair and Deduct The tenant may, within two (2) weeks of being notified of the nonconformance by the housing inspector appeal to the hous- ing appeal board for permission to abate by repair and de- duct. 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 costs of abatement is less than Two hundred ($200.00) or one month's rent whichever is greater. The appeal shall include two (2) written esti- mates from appropriate firms of the cost to abate, and the appeal board shall decide which estimate shall be accepted. 10 (c) The operator has been notified in writing of the tenants intention to appeal for repair and deduct. The tenant shall submit an itemized paid statement, with lien waivers from suppliers of materials and labor for the abate- ment, 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 specified in (b) whichever is less. (7) Rent Escrow (a) Notwithstanding any other provision of law or any other agreement, whether oral or written, if an owner of residential premises fails to abate a nonconformance within one week of the notice of nonconformance, the housing inspector shall, within two weeks of the notice of nonconformance, serve notice in writing that the dwelling unit may be eligible for rent escrow. Said notice shall be sent by certified mail, return receipt requested, to the owner and to each occupant affected by the notice. (b) The occupant may, within thirty (30) days of being noti- fied of the nonconformance, file with the City Clerk an appeal to the housing appeal board for certification of rent escrow and give the owner, or the person designat- ed as the owner's agent pursuant to Section 13.5(1)(c), written notice of the appeal evidenced by a signed acknowledgement of receipt. If certification is granted, the tenant may recover the filing fee for the appeal from the escrow account as a necessary expense of making the dwelling unit conform to the housing code. The City Clerk shall develop appropriate forms for rent escrow appeals and make such forms available to the public at request. (c) The housing appeal board shall grant certification of rent escrow when: (i) the occupant produces the housing inspector's written notice that the occupant's dwelling unit may be eligible for rent escrow issued within thirty (30) days of the filing of the appeal; a signed rent escrow agreement with a bank, trust company or other lending institution approved by the city bearing a certificate of the Story County Recorder that the same has been recorded; and the owner's signed acknowledgement of receipt of the notice of appeal. 11 (ii) the owner does not produce a certificate of com- pliance issued by the housing inspector for the occupant's dwelling unit after the notice of non- conformance; and, (iii) the occupant shows that the nonconformities found by the housing inspector were not caused by an occupant, or another person on the premises with the consent of an occupant, beyond ordinary wear and tear; (d) When the housing appeal board grants certification of 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 tenancy is terminated for any reason other than nonpayment of rent. (e) During any period when the duty to pay rent is sus- pended, and the occupant continues to occupy, the rent withheld shall be deposited by the tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Ames. If the owner expresses a preference as to the bank or financial insti- tution for the escrow such preference shall be honored in the reasonable discretion of the Board of Appeals. Said rent shall be paid to the owner when the dwelling unit is issued a letter of compliance at any time within six (6) months from the date on which it was certified for rent escrow. Any funds deposited in escrow may be used by the owner for the purpose of making such dwelling unit comply with the housing code pursuant to adopted escrow procedures. No occupant shall be evict- ed for any reason relating to nonpayment of rent while the rent is deposited in escrow. However, an occupant may be evicted for holding over after the end of the lease term in any written lease. ' After six (6) months from the date of certification, the owner may evict the occupant for purposes of vacating or demolition of said premises if the owner deems it to be economically unfeas- ible to repair or renovate the premises. In that event, no letter of compliance shall be issued and no person shall occupy siad premises for a period of one year following the occupants' eviction. If, at the end of six (6) months after the dwelling unit was certified for rent • escrow such dwelling unit has not been issued a letter of compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. 12 (f) The City Manager shall develop and establish written procedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the City Council. (8) The letter of compliance shall be denied or revoked if: (a) The owner/operator does not enter into an agreement with the housing inspector to abate the nonconformance, and, the nonconformance has not been promptly abated; or (b) The dwelling unit is not in conformance at the end of the period specified by the inspector in the written agreement. However, the inspector may extend the time specified in the agreement if, through no fault of the owner and despite good faith efforts to comply, the work has been delayed. (c) The housing inspector knows that the dwelling unit is in violation of Chapter 29 (Zoning) of the Ames Municipal Code. This provision shall not be construed to require . the housing inspector to be knowledgeable of city zoning ordinances. (9) Upon denial or revocation of the letter of compliance, the housing inspector shall notify the operator and the occupants in writing. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.12. ABATEMENT OF OCCUPANT NONCOMPLIANCE. (1) If after inspection the occupant is found in noncompliance 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 within a time set by the housing inspector, the inspector may proceed against the occupant and, if the noncompliance is substantial, shall require abatement by the operator within a reasonable time not to exceed thirty (30) (lays. The operator may assess the reasonable cost thereof to the occupant plus the costs of additional inspection. (3) The dwelling unit shall be provided one free inspection by the housing inspector to determine whether the noncompliance has been abated. (Ord. No. 2603, Sec. 2, 5-24-77) 13 See. 13.13. EMERGENCY ABATEMENT. (1) If an emergency seems to exist and the occupant cannot ob- tain prompt relief from the operator, the occupant or other person may ask the housing inspector to find that an emer- gency 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 13. 17. (3) If the housing inspector finds that an emergency exists that cannot be readily and reasonably abated the letter of compli- ance shall be immediately revoked or the application immedi- ately denied. (4) If no emergency is found to exist, the housing inspector shall proceed under section 13. 11. . (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.14. HOUSING APPEAL BOARD, MEMBERSHIP. 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. Members 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 reappointment to the board and in no case shall serve more than six (6) consecutive years. Vacancies on the board shall be filled by appointment in the same manner as for unex- pired 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. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13. 15. ORGANIZATION, OFFICERS. Immediately upon appointment, members of the housing appeal board shall organize and select one member as chair and one 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. (Ord. No. 2603, Sec. 2, 5-24-77) 14 • Sec. 13.16. BOARD MEETINGS. 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; or, an application for repair and deduct or rent escrow. The presence of three (3) members of the board shall be necessary to con- stitute a quorum. The concurring vote of three (3) members shall be necessary to overrule the decision of the housing inspector. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.17. HEARING. 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) which shall be returned to an appellant who prevails at the hearing. 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. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13. 18. HEARING PROCEDURE. To assure orderly procedure, the housing inspector, or a desig- nee, 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 wit- nesses shall be subject to cross examination by the opposing party. The appellant shall have the burden of proof, (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.19. HEARING TO BE PUBLIC. Hearings shall be open to the public during the presentation 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 request assistance from the city attorney's office in formalizing 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. (Ord. No. 2603, Sec. 2, 5-24-77) 15 • Sec. 13.20. POWERS OF THE HOUSING APPEAL BOARD. The housing appeal board may on the basis of its findings and de- terminations, 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 sufficient confor- mance with the requirements of this chapter 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 let- ter 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 extend- ed. (4) The housing appeal board may determine the reasonable amount to be assessed the owner for emergency abatement performed pursuant to section 13.13. (5) Before the appeal board grants a variance to the provisions of sections 13.33 through 13.35, it shall receive the recom- mendations of the fire chief. (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. 13.21. JURISDICTION OF HOUSING APPEAL BOARD. The jurisdiction of the housing appeal board is limited to enforce- ment of this chapter of the municipal code. Nothing in this section is intended to repeal, amend, or modify the jurisdiction of any boards of • appeal created by the laws of the State of Iowa with jurisdiction to en- force state housing or building laws. 16 MINIMUM PROPERTY STANDARDS Sec. 13.22. CONSTRUCTION. (1) Each dwelling unit shall be reasonably weathertight. All areas of the building shall be structurally sound. (Ord. No. 2603, Sec. 2, 5-24-77) (2) A dwelling unit which is a mobile home shall be secured to the mobile home stand with tiedowns and ground anchors. Ground anchors shall be placed not more than twelve (12) feet on center beginning from the front end of the mobile home. Not more than six (6) feet of open end spacing shall be provided at the rear line of the mobile home stand unless additional ground anchors are installed. Tiedowns shall be attached to the mobile home's main framing members. The frame, wheels, crawl space, storage area, and utility connections of all mobile homes shall be concealed from views by skirting which shall be of a durable all-weather construc- tion which is consistent with the exterior of the mobile home. Sec. 13.23. DOORS AND WINDOWS. Each entrance door to a dwelling unit shall be supplied with a lock and have a reasonable fit. Glass doors and windows shall be unbroken. Storm doors and windows shall be hung from Fall until Spring. Screens shall be in good repair. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.24. WALL AND FLOOR PENETRATIONS. Wall and floor penetrations, such as for utility lines, shall be en- closed or sealed with a fire-retardant material to reduce spread of fire or passage of vermin. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.25. ROOF DRAINAGE. Roof drainage shall be provided to avoid discharge on steps, walkways, or entrances where possible. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.26. HANDRAILS AND GUARDRAILS. (1) Handrails or guardrails shall be provided on: (a) Stairs with five (5) or more risers. i (b) Landings, platforms, or other grade changes of three (3) feet or more. 17 (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 provi- sions against children falling through below the rail. (4) Handrails and guardrails shall be securely attached to the structure. See. 13.27. UPKEEP. Dwelling units and premises shall be free of garbage and reason- ably free of rubbish. Rodent and pest harborages should be elimi- nated. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.28. PLUMBING AND HEATING. (1) Water supply and sanitary sewer systems shall be approved public or private systems, and shall not leak and should provide adequate flow. Sewage systems shall be maintained so as to minimize backup. Walls, ceilings, and floors shall be . essentially free from evidence of surface, ground, roof or drainage water. (2) 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. (3) Any fuel-burning space-heating unit located within a sleeping room shall also be provided with an adequate air supply from the exterior. (4) Every heating unit shall be protected against malfunction with adequate safety devices. (5) Every gas pipe shall be sound, free of leaks or obstructions, and sized to provide an adequate flow of gas. (6) 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 (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.29. ELECTRICAL. • (1) The electrical system of every dwelling unit shall be installed and maintained so as to be reasonably safe to the occupants and the structure. 18 (2) Temporary wiring (extension cords) shall not lie beneath floor coverings, extend through walls, doorways, transoms, or similar apertures; or do other than connect a convenience outlet to portable electrical appliances. Extension cords shall not be overloaded. (3) No operator or tenant shall install or use electrical space cooling or heating equipment unless the owner has installed the equipment or given permission to install and use it. (4) Fuses, or equivalent, shall not exceed the size recommended for each circuit by the Ames Electrical Code. (5) Each habitable space or room shall have at least two electrical outlets, and an overhead light may be counted as an electrical outlet. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.30. WINDOW SPACE. (1) When a means of emergency egress is required by the rules of the State Fire Marshall, adopted by Section 13.35, the window space acting as such exit shall have an unobstructed • height of at least 24 inches, width of at least 20 inches, and finished sill height of 44 inches or less. (2) All habitable rooms shall be provided with natural light by means of exterior glazed openings with a minimum area of 10 square feet per apartment. (3) All habitable rooms and bathrooms shall have mechanical ventilation or natural ventilation provided by easily operable exterior openings with a minimum of five square feet per apartment. (4) For the purpose of determining light and ventilation require- ments: (a) Any room may be considered as a portion of an adjoining room when the common wall has an unobstructed opening of at least 25 square feet. (b) Openings of less than 12 square feet shall not be includ- ed in computations. (Ord. No. 2743, Sec. 1, 1-15-80) Sec. 13.31. LIGHT. (1) The owner shall provide, near the entrance to each room, a switched convenience outlet or a light fixture capable of pro- viding sufficient light for each square foot in each habitable 19 • room, bathroom, water closet compartment, and hallway within the dwelling unit. (2) The owner shall provide light and supply light bulbs for all public halls and stairways at all times. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.32. PAINT. (1) No paint containing lead shall be applied in or on any rental dwelling. (2) In dwelling units peeling, blistered., or flaking paint shall be removed or effectively covered in a. workmanlike manner so as to provide a smooth, easily cleaned finish. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.33. SMOKE DETECTORS, UL APPROVED TYPE. (1) The owner shall provide each dwelling unit and the common halls of each multiple dwelling with at least one functioning UL-approved smoke detector. . (2) Where the occupants sleep in more than one story of a dwell- ing unit, a smoke detector shall be provided in the bedroom area 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 dwelling units shall have one 2 2 pound type ABC fire extin- guisher, or in the alternative, there shall be one 5 pound ABC fire extinguisher supplied and placed on each floor of a dwelling within seventy-five (75) feet of every unit entrance. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.35. 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 chap- ter. (2) To the extent that the following are, or may not be, included in the rules of the State Fire Marshall, they are hereby de- clared to be additional requirements for fire safety in rental iunits: 20 • (a) 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- doors; and b. the ground can be reached without having to drop more than one story. (iii) Dwelling units above they second story shall have two means of exit. (b) Stairways connecting more than two stories shall be en- closed and shall not be of less than 1 hour fire rated resistive construction. (c) Hazardous areas (i.e. , boiler rooms, storage areas, etc.) • shall be separated from habitable spaces with 1 hour fire rated construction. (d) Exits shall be identified as such and maintained clear of trash, debris and personal property. (e) Interior wall and ceiling finishings shall not consist of hazardous materials (i.e. , styrofoam, burlap, para- chutes, etc.) . (f) Doors to corridors and stairwells shall be of 1 hour fire rated construction. (g) Buildings shall display street address and dwelling units shall be identified by number or letter. (h) Gasoline powered equipment shall not be stored in dwell- ings. (i) Corridors and areas around meters and furnaces shall be kept clear of trash, debris, andpersonal property. (Ord. No. 2603, Sec. 2, 5-24-77) See. 13.36. MAXIMUM OCCUPANCY. (1) In all cases, 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 occu- pant. (Ord. No. 2603, Sec. 2, 5-24-77) 21 • (2) Notwithstanding the excess of floor space over that required by subsection one of this section, the maximum occupancy of a rooming unit shall be one family. (Ord. No. 2603, Sec. 2, 5-24-77) . (3) Notwithstanding the excess of the floor space over that re- quired by subsection one of this section, the maximum occu- pancy of a dwelling unit other than a rooming unit shall be one family, except: (a) one family plus one additional roomer in zoning districts R-3. (b) one family plus two additional roomers in zoning districts Al, R4 and the commercial and industrial districts. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.37. PLUMBING FACILITIES. (1) Each apartment shall have: (a) Two permanent and functioning sinks with plumbing for • hot and cold water, one sink located to afford privacy and another sink located in the kitchen area. (b) A room which affords privacy and which is equipped with a flush water closet. (c) A bathtub or shower with plumbing for hot and cold water, and located to afford privacy. (d) Functioning water heating facilities capable of heating two (2) gallons of water per hour through one-hundred degrees (100') F. for each occupant, and supplying water at not less than one-hundred twenty degrees (1201) 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 (680) F. (20'C. ) at a distance three (3) feet above the floor and five (5) feet away from any exterior wall at all times. (Ord. No. 2603, Sec. 2, 5-24-77) (2) In lodging, boarding, fraternity and sorority houses, the maximum number of persons who shall have access to the same • bathroom facilities as in (a), (b), (c) above is four (4) . Such facilities shall be located to afford privacy and to be 22 • accessible from a common hall or passage way to all persons sharing the facilities. (3) In each boarding, lodging, or fraternity house, for rooms let only to males, flush urinals may be substituted for not more than one-half the required water closets. (4) In each boarding, lodging, fraternity house, or sorority house the following heating and water heating facilities are required: (a) Functioning water heating facilities capable of heating two (2) gallons of water per hour through one-hundred degrees (1001) F. (37.81C.) for each occupant, and supplying water at not less than one-hundred twenty degrees (1201) F. (48.91C.) at every kitchen sink, lavatory, bathtub, and shower. (b) Safe heating facilities capable of heating all habitable rooms, bathrooms, and water closet compartments to at least sixty-eight degrees (681) F. (201C. ) at a distance three (3) feet above the floor and five (5) feet away from any exterior wall at all times. • (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.38. OWNER'S AND OCCUPANT'S RESPONSIBILITIES. (1) Owners or operators shall be responsible for: (a) Displaying the letter of compliance to each new tenant, unless there is an application for the letter of compliance still on file, and maintaining the letter of compliance where accessible for inspection by the occupants or the housing inspector and shall provide a copy to the tenant on request. (b) Informing the occupants of whom to notify in case of an emergency. This information should be available in each dwelling unit. (c) Informing tenants of requirements relative to parking spaces. (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. 23 • (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 sized 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. (i) 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. (1) 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. 24 • (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. (c) Occupants shall not store or house hazardous combustible materials in any rental dwelling, including gasoline in mowers, vehicles, or other containers. (d) Exterminating rodents, insects, and other pests when only the occupants dwelling unit is affected. (e) Safe disposal of hazardous materials, such as hot coals from furnace or grill, paints and other combustibles, and pesticides and other hazardous chemicals. (f) Maintaining supplied fire extinguishers and smoke de- tectors. (g) Using light bulbs that do not exceed the size recom- mended by the fixture manufacturer. (h) Supplying properly sized fuses, or their equivalent as needed during occupancy for those circuits serving only • the occupant's dwelling unit. (i) Disposing of rubbish, garbage and other organic waste in a clean and sanitary manner, by placing it in disposal facilities or storage containers., and by reclosing or re- placing container lids. (j) Maintaining that part of the dwelling and premises which the occupant occupies in a clean, safe and sanitary con- dition. (Ord. No. 2603, Sec. 2, 5-24-77) (k) Supplying every window of each dwelling unit with shades, draw drapes, or other devices or materials which, when properly used, afford privacy to the occu- pant of each dwelling unit. Section Two. All ordinances or parts of ordinances in conflict herewith shall hereby be repealed to the extent of such conflict. Section Three. This ordinance shall be in full force and effect from and after December 31, 1980. Passed this 25th day of November 1980. &'APA � Gina Bicknese, City Clerk F. Paul Goodland, Mayor