HomeMy WebLinkAbout~Master - Pertaining to Application Fees for Housing Appeal Board ORDINANCE NO. 2937
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY REPEALING SECTION
13.11(6) THEREOF AND ENACTING A NEW SECTION
13.11(6) FOR THE PURPOSE OF REVISING REGULA-
TIONS PERTAINING TO TIME LIMITS FOR FILING AND
RECOVERY OF FEE FOR FILING REPAIR AND DEDUCT,
AND REPEALING SECTION 13.17 THEREOF AND ENACT-
ING A NEW SECTION 13. 17 FOR THE PURPOSE OF
REVISING REGULATIONS PERTAINING TO THE RETURN
AND RECOVERY OF APPLICATION FEES FOR APPEALS
TO THE HOUSING APPEAL BOARD; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; AND, ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED, 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 and enacting a new Section 13. 11(6);
and repealing and enacting a new Section 13.17 as follows:
"13.11(6). REPAIR AND DEDUCT.
The tenant may, within two (2) weeks of being notified
of the revocation or denial of a letter of compliance,
appeal to the housing appeal board for permission to
abate by repair and deduct. 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
estimates from appropriate firms of the cost to
abate, and the appeal board shall decide which
estimate shall be accepted.
(c) The operator has been notified in writing of the
tenant's 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
abatement, 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, and the filing fee for the appeal for permission to
abate by repair and deduct."
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"Section 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 only when the board overrules an erroneous
decision or determination of the housing inspector con-
cerning this chapter. The city clerk shall publish notice
of the scheduled hearing in a paper of general circula-
tion in Ames at least three (3) days before the hearing
date."
Section Two. All ordinances or parts of ordinances in conflict here-
with are hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this 22nd day of October 1985.
By '' GG' B
Nancy Gibbo s, City Clerk u oodlan Mayor
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