HomeMy WebLinkAbout~Master - Amending Rental Housing Code ORDINANCE NO. 3022
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES BY REPEALING SUB-SECTION 13.29(5) AND
ENACTING NEW SUB-SECTIONS 13.29(5) AND (6) RELATING
TO ELECTRICAL OUTLET REQUIREMENTS IN RENTAL HOUS-
ING; REPEALING SEC. 13.30 AND ENACTING A NEW SEC-
TION 13.30 RELATING TO WINDOW REQUIREMENTS IN RENTAL
HOUSING; REPEALING SECTION 13.35 AND ENACTING A NEW
SECTION 13.35 RELATED TO FIRE SAFETY REQUIREMENTS
IN RENTAL HOUSING; REPEALING SUBSECTIONS 13.39(2)
and (3) AND ENACTING NEW SUBSECTIONS 13.39(2) and (3)
RELATING TO CEILING HEIGHT AND APPLICATION DEAD-
LINE REQUIREMENTS FOR THE RETROACTIVE CONVERSION
PERMIT PROGRAM; BY REPEALING SUBSECTION 13.4(1) AND
ENACTING A NEW SUBSECTION 13.4(1) RELATING TO
APPLICATIONS FOR A LETTER OF COMPLIANCE; ENACTING
A NEW SUBSECTION 13.38(3)(1) PROHIBITING UPHOLSTERED
FURNITURE IN YARDS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; ESTAB-
LISHING A PENALTY AND ESTABLISHING AN EFFECTIVE
DATE
BE IT ENACTED, by the City Council of the City of Ames, Iowa:
Section One. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing sub-section 13.29(5) thereof and
enacting new sub-sections 13.29(5) and 13.29(6) as follows:
"(5) Each habitable space or room shall have at least two
duplex electrical outlets where an electrical cord may be
easily and directly plugged in with a minimum of incon-
venience.
(6) Each bathroom shall have at least one duplex electrical
outlet where an electrical cord may be easily and directly
plugged in with a minimum of inconvenience. Any outlet
that is installed or replaced in a bathroom shall have
ground-fault circuit-interrupter (GFI) protection."
Section Two. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing Section 13.30 and enacting a new
Section 13.30 as follows:
"Sec. 13.30. WINDOW SPACE
(1) All habitable rooms shall be provided with natural light
by means of exterior glazed openings. Such openings
shall be at least: ten (10) percent of the floor area of
such room or a minimum of 10 square feet, whichever is
greater.
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(2) All habitable rooms and bathrooms shall have natural
ventilation provided by easily operable exterior open-
ings. Such openings shall be equal to at least fifty (50)
percent of the minimum window area as required in (1)
above.
(3) In lieu of openable windows for natural ventilation in
bathrooms, adequate ventilation may be. a system of
mechanical ventilation. The system shall exhaust and
discharge directly to the outside air. However, if a
mechanical ventilation system is used in a bathroom of a
single-family dwelling or duplex, such system may ex-
haust and discharge into an attic or crawl space if such
attic or crawl space is adequately vented to the outside.
(4) For the purpose of determining light and ventilation
requirements:
(a) Any room may be considered as a portion of an
adjoining room when the common wall has an unob-
structed opening of at least 25 square feet.
(b) Openings of less than 12 square feet shall not be
included in computations."
Section Three. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing Section 13.35 and enacting a new
Section 13.35 as follows:
"Sec. 13.35. MINIMUM REQUIREMENTS, FIRE
SAFETY.
The following are the requirements of the Ames Rental Hous-
ing regulations for fire safety in rental dwelling units:
(1) Every dwelling unit shall have two means of exit to the
outside reached by travel in different directions.
(a) Dead end corridors cannot exceed the first twenty
(20) feet of exit traveled from any room door.
(b) A window may be deemed a second means of exit if:
(i) it is easily opened and leads directly to the
exterior of the dwelling
(ii) it is not more than one story above ground.
(iii) the window space acting as such exit has an
unobstructed height of at least 24 inches,
width of at least 20 inches, and finished sill
height of 44 inches or less from the floor.
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(2) Sleeping areas in basements shall have access to not less
than two separate exits.
(3) Sleeping areas above the second floor shall. have two
means of egress, one of which may be a Class C ladder.
(4) Exits shall be marked as such and maintained clear of
trash, debris and personal property.
(5) Interior walls and ceiling finishes or decoration shall not
consist of hazardous materials such as styrofoam, bur-
lap, parachutes, etc.
(6) Buildings shall display street address and dwelling units
shall be identified by a clearly visible number or letter.
(7) Gasoline powered equipment shall not be stored in dwell-
ings.
(8) Corridors and areas around meters and furnaces shall be
kept clear of trash, debris, and personal property."
Section Four. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing sub-sections 13.39(2) and (3) and
enacting new sub-sections 13.39(2) and (3) as follows:
"(2) A 'retroactive conversion permit' shall be issued for
those dwellings or dwelling units which meet the housing
quality standards of See. 13.1(1), the minimum property
standards of Sections 13.22 through 13.38, and all codes
in effect at the time of establishment except for require-
ments pertaining to:
(a) ceiling height in all habitable rooms if the minimum
ceiling height is seven (7) feet. Obstructions of
ceiling space by such items as water and gas pipes,
duct work, etc. shall be permitted when such
obstruction does not occupy more than 20 0 of the
square footage of the ceiling area of the room and
that the obstruction shall not be located at a height
of less than six feet, eight inches (6'8") from the
floor when it is located over any door opening.
This standard shall be applicable to all properties
for which a retroactive conversion permit application
has been filed. Owners of properties for which an
exception to the ceiling height was denied by the
Housing Board of Appeals prior to the enactment of
this ordinance shall have an opportunity to reapply
for a permit for the purpose of determining
compliance with this subsection.
(b) minimum room size, if at least 75 0 of required,
(c) lot area,
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(d) building setbacks,
(e) lot frontage,
(f) building height
provided there are no discernible defects or other condi-
tions constituting a clear and present hazard to the
occupants of the premises, and the application for the
said permit is made in writing and received by the city
before June 30, 1986.
(3) All applications for retroactive conversion permits shall
be filed on or before June 30, 1986. The housing appeal
board may allow an application to be filed after June 30,
1986 upon a showing that the applicant a) did not own
the property during the time for filing applications OR
b) did not file due to a good faith mistake or misunder-
standing AND c) letters of compliance have been issued
for the property on a regular and continuous basis.
A 'retroactive conversion permit' may, be issued for
dwellings or dwelling units where some aspect of the
premises was in non-compliance with an applicable code
at the time of the establishment of the desired use, but
only if the non-complying aspects of the premises are
brought into conformance with the provisions of all
presently applicable codes and ordinances adopted for
Ames. In that regard, the housing code board of ap-
peals may grant specified and limited exceptions from
applicable 'non-zoning' code and ordinance requirements
where it finds that there is no practical way to achieve
compliance, and denial of the letter of compliance will
produce a personal loss on the part of an individual
owner greatly disproportionate to any risks of harm to
individuals or the public interest that could likely be
caused by granting the desired exception; and, if the
same exception can be granted to all others similarly
situated consistent with the public interest."
Section Five. The Municipal Code for the City of Ames, Iowa,
shall be and is hereby amended by repealing subsection 13.4(1), and
enacting a new subsection 13.4(1), as follows:
"(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. When a letter of compliance has
been denied or revoked, it shall be unlawful for an
owner or operator to rent or offer for rent any dwelling
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unit for use in whole or in part for human habitation
unless a valid letter of compliance has been issued."
Section Six. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by adopting a new subsection 13.38(3)(1) as
f ollows:
"(1) Occupants shall not remove or permit to remain, any
upholstered furniture or other furniture intended for
indoor use to the yard for use as lawn furniture."
Section Seven. Any person, corporation or other legal entity who
violates or resists the enforcement of the requirements of this chapter
shall be charged with a municipal infraction punishable by a civil penal-
ty of thirty (30) dollars for the first offense, one hundred (100) dol-
lars for a second offense, and two hundred (200) dollars for any sub-
sequent offense. Each day that a municipal infraction occurs consti-
tutes a separate offense. Any person, corporation or other legal entity
who violates this chapter after judgment has been entered for violating
the same chapter provision at the same location or at a different loca-
tion shall be charged with a repeat offense. Seeking a civil penalty as
authorized in this section does not preclude the city from seeking
alternative relief, including an order for abatement or injunctive relief.
Section Eight. The purpose of this ordinance is intended to ensure
that all rental housing in the City of Ames is safe, sanitary and suit-
able for all occupants and the public at large. The provisions con-
tained in this ordinance shall apply to all rental housing units in the
City except to those which have received variances or exceptions from
the housing appeal board.
Section Nine. All ordinances or parts of ordinances in conflict ]herewith
are repealed to the extent of such conflict.
Section Ten. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this 23rd day of August 1988.
£1y - ChC By
Nancy Dionigi
Acting Ci ., , lerk F. Paul Goodland, Tdayor
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