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HomeMy WebLinkAbout~Master - Relating to Duties of Owners or Operators of Rental Dwelling Units _ Ri ORDINANCE NO. 2773 ' AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTIONS 13.4(2), 13.8, 13. 100), AND 13. 11 (7)(a), AS SUCH SUBSECTIONS NOW EXIST, AND ENACTING NEW SUBSECTIONS 13.4(2), 13.8, 13. 10 (1), AND 13. 11(7)(a), FOR THE PURPOSE OF CLARIFYING VARIOUS DUTIES OF OWNERS OR OPERATORS OF RENTAL DWELLING UNITS, AND ESTABLISHING AN EFFECTIVE DATE. Section One. The Municipal Code of the City of Ames, Iowa, is hereby amended by repealing Subsection 13.4(2) as it has heretofore existed, and by enacting new Subsection 13.4(2) to read as follows: "(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 reasonably proceed. An owner or operator has not unlawfully allowed occupancy of a dwell- ing unit where the owner or operator has made a good faith effort to terminate the rental agreement and take possession of the dwelling unit as provided by Iowa law, or where the owner or operator has no right to disallow the occupancy under Iowa law. " Section Two. The Municipal Code of the City of Ames, Iowa, is hereby further amended by repealing Subsection 13.8 as it has hereto- fore existed and enacting a new subsection 13.8 to read as follows: "A letter of compliance issued for a dwelling unit shall be ef- fective until thirty (30) days after a change in ownership or operation, unless sooner revoked pursuant to section 13.11." Section Three. The Municipal Code of the City of Ames, Iowa, is hereby further amended by repealing Subsection 13. 10(1) as it has heretofore existed and enacting a new subsection 13.10(l) to read as follows: "(1) If after inspection the dwelling unit is found to substan- tially conform with the requirements of this chapter, the housing inspector shall issue a letter of compliance." W Section Four. The Municipal Code of the City of Ames is hereby further amended by repealing Subsection 13. 11(7)(a) as it has hereto- fore existed and enacting a new subsection 13. 11(7)(a) to read as fol- lows: "(a) Notwithstanding any other provision of law or any other agreement, whether oral or written, if an owner of resi- dential premises fails to abate a nonconformance within one week of the notice of nonconformance, or in accor- dance with section 13.11(3), 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." Section Five. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict if any. Section Six. Violation of this ordinance shall be a misdemeanor punishable by a fine not to exceed $100.00 or by imprisonment not to exceed thirty (30) days. Section Seven. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 19th day of May 1981. GinA Bicknese, City Clerk F. Paul Goodland, Mayor 2