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Home My WebLink AboutA007 - Legal opinion on relationship between housing, zoning and building codes, May 2, 1985 L..-� till 91 AMIS 112A 50010 Z=838 VT/TZj) \ =\7\;7/ 515/239-5146 May 2 , 1985 Honorable F . Paul Goodland, MayorCD and Members of the City Council of the City of Ames , Iowa In re : Retroactive Conversion Permits Housing/Zoning/Building Code Dear Mayor Goodland and Council Members : The assistant city manager asked for a succinct statement of the relationship between housing, zoning and building codes to aid your deliberations on the matter of the retroactive conversion permit. Section 13 . 11 (8) (c) of the rental housing code provides that the housing code letter of compliance shall be denied or revoked if the housing inspector knows that the dwelling unit is in violation of the zoning code . At this time there is no similar provision with respect to the local building code nor to any other local , state or national code other than the so-called "HUD standards " set out as Appendix I of the Ames Municipal Code . If it is desired that the rental housing code letter of compliance be denied or revoked for violation or non-compliance with other local or state codes , that policy should be enacted as an amendment to the rental housing code . Respectfully submitted, O John R. Klaus City Attorney JRK/bw cc : City Manager Fire Chief Planning & Housing 1362.3,DEFINITIONS AND MISCELLANEOUS PROVISIONS i 1990 '. 362.3 Publication of notices. i Unless otherwise pro- vided by state law: 6. The designation of an official newspaper. 1. If notice of an election hearing,or other official 7• A contract in which a city officer or employee action is required by the city'code has an interest if the contract was made before the be Published at least once, not less than four norumorre time he was elected or appointed, but the contract than twenty days before the date of the election,hear- may not be renewed. ing or other action. 8. Contracts with volunteer firemen or civil de- 2- A publication required by the city code must be fense volunteers. In a newspaper published at ]east once week] 9. A contract with a corporation in which a city having general circulation]n theleast y and officer or employee has an interest by reason of stock- city has a o city.However,n the holdings when less than five percent of the outstand A pnces n d two hundred or less,or in the ing stock of the corporation is owned or +° case of ordinances and amendments to be published directly or indirectlyb controlled in a city in which no newspaper is published,a cation may be made b Y the officer or employee or the pubes spouse or immediate family of such officer or employ- in Posting in three public places tee• in the city which have been by ordinance. Permanently designated 10. A contract made by competitive bid,publicly [R60,§1133;C73,§492;C97, §686,687; invited and opened,in which a member of a cityboard C24, 27, 31, 35, §5720, 5721, 5721-a1; C39, of trustees commission,or 5721,b721.1;C46,50, §b720, + administrative agency has 73, 1,572; C75, , , 8 6.§362.3;C54,58,62,66,71, an interest if he is not authorized by law to participate Referred to in§37.4,330.18,331.341,364.7 in the awarding of the contract. The competitive bid s 372.9,372.13,376.5,380.3,380.7,380.8,384.12,384.16,384.22,384.25, requirement 3sa.2o, tactor of this subsection does not apply to any 384.40,384.50,384'60,384.83,384.96,384.102, 384.37, 3ss.3,3sz 7 404 2 427s 1 contract for professional services not customarily awarded by competitive bid. [1160, §1122;C73,§490, 362.4 Petition of eligible electors. If a petition of C97,§943;513,the voters is authorized by the city code,the §668'879-q, 1056-a31;C24,27,31,35, is valid if signed or eligible electors of the e a 39,§5673,6534,6710;C46,50,§363.47,416.58,420.20; petition C54, 58, 62, 66, 71, 73, §368A.22; C75, 77, 79, 81, in number to ten percent of the persons who voted §Rs.5e]d co in§372.13 the last preceding regular city election, but not less Provisions, §la.s, sea 3 86 7 than ten persons, unless otherwise provided b s s"n'iar law. [C75, 77,79,81, §362.41 y fate 403.16,721.11 262.10, 314.2, 331.342 347.Ib Referred to in§28E.17,37.2,43.112,330.17,364.2.372.11,376.2,384.7, 384-12,384.26,388.2,392.5 Tnot 62.6 Conflict of interest.A measure voted upon is of a invalid by reason of conflict of interest in an offi- cer"Contract'defined. When used in this sec- passage of the measure: If,unless the vote of a specific was decisive tion,"contract"means any claim account,or demand against or agreement with a aexpress or implied. unanimous vote of a municipal by c majority s required y city: P statute,the majority or vote must be computed on the A city officer or employee shall not have an interest, basis of the number of officers not disqualified by direct or indirect, in any contract or job of work or, material or the profits thereof or services f reason of conflict of interest. However,a majority of } Wished or performed for the officer's c employee, all members is required fora quorum. For the pur- city.A contract entered into in violation of this section poses of this section,the statement of an officer that he declines to vote by reason of conflict of interest is is void.The provisions of this section do not apply to: 1• The a conclusive and must be entered of record.officer or employee holding more than one city office [C71, 73, ompensation of a city §368A.25;C75, 77, 79,81, §362.61 or position, the holding of which is not incompatible with another public office or is not prohibited by law. adopted Prior measures Julyi1, 1975,rem ains valid adopted b a City A valid measure 2. The designation of a bank or trust companyunless the measure is irreconcilable with the city code. a depository,paying agent,or for investment of funds. as An employee of a bank or trust company [C75, 77, 79,81, §362.7] serves as of a city, ,who 4• Contracts made b 362.8 Construction.The city code,being necessary Y a city of less than ten thou- for the public safety and welfare, shall sand population, upon competitive bid in writing, construed to effectuate its be liberally Publicly invited and opened. §362.81 purposes. [C75,77,79,81, 5• Contracts in which a h city officer or employeehasan interest solely by reson of employment, or a 362'9 `4 stock interest of the kind described in subsection 9,or Dpheation of city code. The provisions of his chapte t r and chapters 364,368,372,376,380,384, both, if the contracts are made by competitive bid, 388 and 392 are applicable to all cities. [C75, 77, 79, Publicly invited and opened,and if the remuneration 81, §362.9] of employment will not he directly affected as a result of the contract and the duties of employment do not 362.10 Police officers and fire fighters.The maxi- directly involve the procurement or preparation of mum age for a police officer or fire fighter employed me Pert of the contract.The competitive bid r for Police duty or the duty of fighting fires is sixty-five ment of this subsection shall not be required require- Years of contract for professional services not customarily 54 58 62 age. This section shall not apply Y fire fighters. [C35, PP Y to volunteer awarded by competitive bid. §6326-73 C39, ,79,§08;C46, 50, C81, §362.10]1'6;C66,71,73,75,77,79,§410.6,411.6;