(A) Any person affected by any notice issued by the Housing Inspector pursuant to the provisions of this chapter, or any rule or regulation pursuant thereto, may request, and shall be granted a hearing on the matter before the Housing Board of Appeals as established in the International Residential Code; provided that the person shall file with the Housing Inspector a written petition requesting the hearing and specifying the grounds therefor within 20 days after the date the notice was served. Upon receipt of the petition, the Housing Inspector shall set a time, date and place for the hearing within the time as shall be prescribed by general rule of the Housing Board of Appeals as established in the International Residential Code. The Housing Inspector shall give the petitioner written notice of the hearing and shall take no further enforcement action pending the outcome of the hearing. The Housing Inspector shall forthwith transmit to the Housing Board of Appeals as established in the International Residential Code all of the papers constituting the record upon which the action appealed from was taken. The hearing shall be commenced not later than 30 days after the date on which the petition was filed, provided that, upon application of the petitioner, the Housing Inspector may postpone the date of the hearing for a reasonable time beyond the 30-day period if, in the Inspector’s judgment, the petitioner has submitted a justified and sufficient reason for the postponement.
(B) At the hearing, the petitioner, authorized agent or attorney shall be given the opportunity to be heard and to show why the notice should be modified or withdrawn. The proceedings at the hearing, including the findings of fact and decision of the Housing Board of Appeals as established in the International Residential Code, shall be summarized, reduced to writing, and entered within five days as a matter of public record in the Office of the Housing Inspector. The record shall also include a copy of every notice, order or correspondence issued by the Housing Inspector in connection with this matter. The Housing Board of Appeals as established in the International Residential Code shall render a decision on the appeal without unreasonable delay.
(C) After the hearing, the Housing Board of Appeals as established in the International Residential Code shall sustain, modify or withdraw the notice, depending upon its findings as to whether there has been compliance with the provisions of this chapter, and the rules and regulations adopted pursuant thereto. If the Housing Board of Appeals as established in the International Residential Code sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to § 155.17 shall automatically become an order if a written petition for hearing is not filed with the Housing Inspector within 20 days after the notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, or by any rule or regulation adopted pursuant thereto, when the notice has been sustained by the Housing Board of Appeals as established in the International Residential Code, the permit shall be deemed to have been revoked. Any permit that has been suspended by a notice shall be deemed automatically revoked if a petition for hearing is not filed with the Housing Inspector within 20 days after the notice has been served.
(D) Any person or persons jointly or severally aggrieved by any decision of the Housing Board of Appeals as established in the International Residential Code, or any taxpayer, or any officer, department board or bureau of the city shall have recourse to the relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(E) Whenever the Housing Inspector finds that an emergency exists that requires immediate action to protect the public, the Inspector may call for an emergency meeting of the Housing Board of Appeals as established in the International Residential Code. The meeting may be held as soon as possible, but in no event shall the meeting be held sooner than 24 hours after notice has been given to the owner of the premises of the time and place of the meeting, and the situation or conditions that created the emergency. At the meeting, the Board shall take action it deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but nothing in this section shall be construed so as to deny any person affected by the order any remedy otherwise available.
(F) It shall be a defense to an enforcement action pursuant to the provisions of this chapter, if an owner or operator, as part of their appeal held pursuant to this chapter:
(1) Reported the violation to law enforcement;
(2) Evicted or attempted to evict the tenant by causing an action to be filed under Chapter 562A of Iowa Code. This provision is not intended to apply to tenants who have not been charged with one of the specified violations;
(3) If a first offense, undertaken and pursued with due diligence, reasonable means to avoid a recurrence of code violations on the premises by the present or future tenants or occupants on the premises.
(Ord. 2664, passed 12-8-2020)