Loading...
HomeMy WebLinkAbout~Master - Rental Housing Inspection Program Amendments ORDINANCE NO. 3859 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 13.8, AND SUBSECTIONS 13.3(10),13.3(11),13.4(1),13.4(2),13.9(1),13.9(2),13.9(3),13.10(1),13.10(4), 13.11(5),13.17,13.18,AND 13.19 AND ENACTING A NEW SECTION 13.8, AND NEW SUBSECTIONS 13.3(10,13.3(11),13.4(1),13.4(2),13.9(1),13.9(2), 13.9(3), 13.10(1), 13.10(4), 13.11(5), 13.17 AND 13.19 FOR THE PURPOSE OF REVISING PROCEDURES PERTAINING TO RENTAL HOUSING REGULATIONS;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsections 13.3(10)and 13.3(11)as they now exist and enacting new Subsections 13.3(10)and 13.3(11)as follows: "Sec.13.3. DEFINITIONS AND RULES OF CONSTRUCTION. (10) Letter of compliance: A document,issued by the housing inspector,to show that the premises have been inspected and found to be in substantial compliance with this chapter on the date of inspection. An expiration date shall be included in the issuance of the document. (11) Multiple dwelling: Any dwelling containing more than two (2) dwelling units, except townhouses and condominiums,including 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; a building or portion thereof, other than a hotel or motel,which provides rooms for sleeping,and is capable of accommodating more than three(3)persons,for which rents or fees are charged. © Condominium:A non-owner occupied condominium shall be considered a single-family dwelling unit for the purposes of rental registration fees. Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsections 13.4(l) and 13.4(2) as they now exist and enacting new Subsections 13.4(1) and 13.4(2) as follows: ,,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. When a letter of compliance has been denied,revoked or expired,it shall be unlawful for an owner or operator to 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. (Ord.No. 3022, Sec. S, 8-23-88) (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, revocation, or expiration 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 dwelling 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 Three. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Section 13.8 as it now exists and enacting a new Section 13.8 as follows "Sec.13.8. LETTER OF COMPLIANCE--EFFECTIVENESS. A letter of compliance issued for a dwelling unit shall be effective until its noted expiration date, and/or until thirty(30) days after a change in ownership or operation, unless sooner revoked pursuant to section 13.11. (Ord. No. 2773, Sec. 2, 5-19-81)" Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsections 13.9(1), 13.9(2),and 13.9(3)as they now exist and enacting new Subsections 13.9(1),13.9(2), and 13.9(3)as follows: "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(l)(d), and requiring that person to be present for an inspection at the date,time,and location specified by the Rental Housing Official. (2) Rental inspections are required after the transfer of ownership or to renew a letter of compliance prior to the expiration date. Two of the required rental inspections will be provided at no cost. Subsequent inspections will be charged at the rate specified in the annual fee structure. (3) The operator or owner shall be present at the requested date,time,and location to accompany the official during the inspection. Failure of the operator to do so will result in the loss of the first free re-inspection. Additional nonattendance will result in the loss of the remaining free inspections, and/or the denial or revocation of the letter of compliance. To avoid punitive action, advanced notice of 24 hours or more must be received by the rental housing official." Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsections 13.10(1)and 13.10(4)as they now exist and re-enacting the same as follows: "Sec.13.10. GRANT OF LETTER OF COMPLIANCE. (1) If after inspection the dwelling unit is found to substantially conform with the requirements of this chapter, the housing inspector shall issue a letter of compliance. Letters of compliance shall be granted for terms of one year,two years,three years,or four years. The duration of the term shall be determined by the housing official based on the following criteria: (a) One year for issuance of a restricted certificate of occupancy/letter of occupancy,where an over-occupancy occurred during the previous year;and for all fraternities and sororities. (b) Two years for dwellings where life safety violations, including broken/inoperable doors, ceiling,wall, and floor penetrations,have occurred; failure to maintain a required alarm or sprinkler system;repeated multiple violations of maintenance infractions;property complaints with verification by Inspection staff of maintenance issues below neighborhood standards. (c) Three years for dwellings with minor violations (non-life safety items); multiple family dwelling occupancies without sprinkler protection. (d) Four years for single family dwellings with no violations;and for multiple family dwellings with no violations and code compliant sprinkler protection throughout. (4) The letter of compliance shall include at least: The information contained in the application, the date of inspection,the name of the inspector, the date of issue, and the expiration date." Section Six. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsection 13.11(5)as it now exists and enacting a new Subsections 13.11(5)as follows: Sec. 13.11. DENIAL OR REVOCATION OF LETTER OF COMPLIANCE. "(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. Should the owner/operator fail to be present for the appointed time of the reinspection without proper notification, the free reinspection shall be considered to have been used." Section Seven. The Municipal Code of the City of Ames,Iowa,shall be and is hereby amended by repealing subsections 13.17, 13.18,and 13.19 as they now exist and enacting new subsections 13.17, 13.18,and 13.19 as follows: "Sec. 13.17 APPEALS FROM INSPECTOR'S DECISION (1) Any person aggrieved by a decision of code interpretation issued by the housing inspector may request,and shall be granted,a prompt hearing on the decision by the Building Official. (2) Any person aggrieved by a decision or code interpretation issued by the Building Official may request,and shall be granted,a prompt hearing on the decision by the Housing Board,provided that within ten days after the date of notice of the decision of the Building Official,the person files an appeal in writing with the Inspection Division,setting forth a brief statement of the grounds for appeal. Upon receipt of the request, the Building Official shall give the appellant written notice of the date and time of hearing by the Housing Board at least five days before the date set for hearing. (3) All Housing Board hearings shall be public,in accordance with the laws of the State of Iowa relating to government agency meetings. The hearing shall be held in accordance with rules adopted by the Board and City Council. At the hearing the appellant and/or representatives shall be given the opportunity to be heard. The Building Official shall have an opportunity to show why his decision should be affirmed. All interested persons shall be given an opportunity to be heard. Sec.13.18 RESERVED Sec.13.19 DECISIONS OF THE BOARD Upon completion of the submission of evidence,the Board shall deliberate and make findings and a determination based thereupon. The Board may request assistance from the City Attorney's office in formalizing its fmdings and determination,which shall be issued in written form. Findings and detemninations will be made no later than thirty(30)days after the hearing." Section Eight. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Sec. 1.9 Section Nine. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Ten. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 8 th day of November ,2005. Diane R.Voss,City Clerk Ted Tedesco,Mayor 00823