As used in this chapter, the following definitions shall apply. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "type III dwelling unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof". Whenever the term "dwelling unit(s)" is used in this chapter, it shall include type III dwelling unit(s).
ACCEPTABLE OR APPROVED: In substantial compliance with the provisions of this chapter.
ACCESSORY BUILDING/USE/STRUCTURE: A building, structure, or use which:
A. Is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use; and
B. Is under the same ownership as the principal use or uses on the property; and
C. Does not include structures, structural features, or activities inconsistent with the uses to which they are accessory; and
D. Except for off street parking located on a separate lot as approved through a special exception, is located on the same lot as the principal use or uses to which it is accessory.
ACCESSORY DWELLING UNIT: A temporary dwelling unit that is accessory to an owner-occupied single-family dwelling.
ADJOINING GRADE: The elevation of the ground which extends five feet (5') from the perimeter of the dwelling.
APPROVED: See definition of acceptable or approved.
APPURTENANCE: That which is directly or indirectly connected or accessory to a thing.
ATTIC: Any story situated, wholly or partly, within the roof and so designed, arranged or built to be used for business, storage or habitation.
BASEMENT: A portion or story of a building, next below the first or main floor, which may or may not be considered habitable space.
BATH: A bathtub or shower stall installed in compliance with the Iowa City Plumbing Code.
CELLAR: A space below the first or main floor, used or intended to be used for storage and location for heating equipment and shall not be considered habitable space.
CENTRAL HEATING SYSTEM: A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
CHIEF: The administrative head of the Fire Department.
CODE COMPLIANCE SETTLEMENT AGREEMENT: A written agreement that shall include a list of specific actions and a specific schedule of deadlines for actions to abate the current violation and avoid further Code violations. It may also include provisions for periodic reassessment of the agreement or any written modification of the agreement.
COMMUNAL: Used or shared by or intended to be used or shared by the occupants of two (2) or more rooming units or two (2) or more dwelling units.
CONDOMINIUM: A dwelling unit in compliance or conformance with the requirements of the Code of Iowa, as amended.
COOPERATIVE: A dwelling unit in compliance or conformance with the requirements of the Code of Iowa, as amended.
COURT: An open, unoccupied space, other than a yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court.
DESIGNATED AGENT: The person designated by owner(s) of rental property who are not residents of Johnson County, as well as condominium associations, who has authority to act on the owners' behalf to accept service of legal processes and notices and to authorize repairs as required.
DINING ROOM: A habitable room used or intended to be used for the purpose of eating but not for cooking or the preparation of meals.
DIRECTOR: The Director of the Department of Housing and Inspection Services.
DUPLEX: A structure in which there are two (2) dwelling units within a single building, and both dwelling units are located on the same lot.
DWELLING: Any building, structure or manufactured housing, except temporary housing, wholly or partly, used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto.
DWELLING, MULTIPLE: See definition of multiple dwelling.
DWELLING, SINGLE-FAMILY: See definition of single-family dwelling.
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, eating of meals and sanitation.
EGRESS: An arrangement of exit routes to provide a means of exit from buildings and/or premises.
EXIT: A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smokeproof enclosures, horizontal exit, exit passageway, exit court, walkways, sidewalks and yards.
EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating or trapping or by any other recognized and legal pest elimination methods approved by the inspector.
FRATERNITY/SORORITY HOUSE: A building used as a residence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this Code, a fraternity/sorority house shall be considered a rooming house. Occupancy classification for State of Iowa Fire Code is "dormitory".
GUEST: An individual who shares a dwelling on a temporary basis for not more than thirty (30) days in any given calendar year; or a person who stays in a hospitality oriented retail use.
HABITABLE ROOM: A room or enclosed floor space within a dwelling having a minimum of seventy (70) square feet of total floor area with not less than seven feet (7') in any horizontal dimension, used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces, stairways and recreation rooms in basements (see definition of recreation room in basement). Notwithstanding the foregoing, bedrooms must meet the dimensional requirements as set forth in sections 17-5-17 and 17-5-18 of this chapter.
INFESTATION: The presence, within or around a dwelling, of any insects, rodents or other pests in such quantities as would be considered unsanitary.
INSPECTOR: The official or officials of the City who administer the provisions of the Housing, Building, Nuisance and Zoning Codes, together with duly authorized representative(s) and/or agent(s).
KITCHEN: A room used or intended to be used for cooking or the preparation of meals.
KITCHEN SINK: A basin for washing utensils used for cooking, eating and drinking, located in a kitchen and connected to both hot and cold water lines.
KITCHENETTE: A food preparation area not less than forty (40) square feet in area.
LAVATORY: A hand washing basin connected to both hot and cold water lines and separate and distinct from a kitchen sink.
LIVING ROOM: A habitable room within a dwelling unit used or intended to be used primarily for general living purposes.
MANUFACTURED HOUSING: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons.
MULTIPLE DWELLING: Any dwelling containing three (3) or more dwelling units.
OCCUPANT: A person who is physically present in the dwelling and is engaged in activities of daily living, including, but not limited to, sleeping, cooking, eating, and sanitation, for at least thirty one (31) days in any calendar year or who is a tenant.
OPERATOR: Any person who rents to another or who has custody or control of a building or parts thereof in which dwelling units or rooming units are let or who has custody or control of the premises.
OWNER: Any person who has custody and/or control of any dwelling, dwelling unit or rooming unit by virtue of a contractual interest in or legal or equitable title to said dwelling, dwelling unit or rooming unit as guardian or conservator.
OWNER OCCUPANT: An owner who is physically present in the dwelling and is engaged in activities of daily living, including, but not limited to, sleeping, cooking, eating, and sanitation, for at least ninety (90) days in any calendar year.
PERMIT: See definition of rental permit.
PERSON: Any individual, firm, corporation, association, partnership, trust or estate.
PLACARD: A display document showing that the unit for which it is issued has been determined to be unfit for human habitation.
PLUMBING: Means and includes any or all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, solid waste disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, water heating devices, catch basins, drains, vents and any other similar supplied fixture, together with all connections to water, sanitary sewer or gas services.
PORCH: A platform completely covered by a roof located and attached to a building.
PREMISES: A lot, plot or parcel of land, including a building(s) and/or accessory structure(s) thereon.
PRIVACY: The existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons.
PROPERTY MANAGEMENT ACTION PLAN: The property management action plan shall be a detailed written response from the property owner or owner's designated agent describing the manner in which the property owner will, within their legal authority, make a good faith effort to prevent nuisance activities from continuing. The plan shall be filed with the Department of Housing and Inspection Services for approval within ten (10) working days from the date of the notice of violation sent to the owner or owner's designated agent.
PROPERTY MANAGEMENT PERFORMANCE GUARANTEE: A cash deposit, certified check or irrevocable standby letter of credit in the amount of the estimated cost of the enforcement costs, to be determined by the City Manager or designee.
PUBLIC WAY: Any parcel of land, unobstructed from the ground to the sky, more than ten feet (10') in width, dedicated to the free passage of the general public.
RECREATION ROOM IN BASEMENT: A room located in a basement used for general recreation purposes and not used, nor intended to be used, for sleeping. This room shall be in addition to the minimum space and facility requirements for a dwelling unit or rooming unit.
REGULATIONS: See definition of rules and regulations.
RENTAL PERMIT: A document, issued periodically, which grants the owner or operator the option of letting a dwelling, dwelling unit, rooming unit, or type III dwelling unit for rental purposes and showing that the dwelling, dwelling unit, rooming unit, or type III dwelling unit for which it is issued was in compliance with the applicable provisions of this chapter at the time of issuance.
RENTAL PROPERTY: Any dwelling not owner occupied, regardless whether rent is paid.
ROOMER: An occupant of a rooming unit who is not an owner occupant.
ROOMING HOUSE: Any dwelling containing two (2) or more rooming units or type III dwelling units, in which space is let by the owner or operator to four (4) or more roomers. Occupants of units specifically designated as type III dwelling units within a rooming house shall be included in the roomer count. Any dwelling with a combination of dwelling units, rooming units, and type III dwelling units is considered a nonconforming rooming house. A rooming house is classified as an independent group living use in title 14 of this Code.
ROOMING UNIT: Any habitable room or group of adjoining habitable rooms located within a group living use, as defined in title 14 of this Code, and forming a single private unit with facilities which are used or intended to be used by a roomer or roomers for living and sleeping, but not cooking.
RUBBISH: Inorganic waste material consisting of combustible and/or noncombustible materials.
RULES AND REGULATIONS: Those administrative procedures adopted by the Director for the efficient internal management of the Department of Housing and Inspection Services. All rules and regulations shall be limited to departmental administrative and procedural matters, rather than substantive matters and shall not be inconsistent with this chapter.
SHARED LIVING SPACE: Any habitable room or group of adjoining habitable rooms, not including bedrooms, located within a household living use, as defined in title 14 of this Code.
SINGLE-FAMILY DWELLING: A structure containing one dwelling unit.
SOLID WASTE: Animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food and shall also mean combustible waste material. The term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings and other combustible materials.
SOLID WASTE CONTAINER: A watertight container that is constructed of metal or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions.
SUPPLIED: Paid for, furnished by, provided by or under the control of the owner or operator.
TEMPORARY HOUSING: Any tent, trailer, motor home or other structure used for human shelter and designed to be transportable and not attached to the ground, to another structure or to any utilities system on the same premises. Such temporary housing may occur for no more than twenty one (21) consecutive days nor exceed a total of forty five (45) days in any calendar year.
TENANT: Any occupant of a dwelling unit who is not an owner or operator of said dwelling unit or who is entitled under a rental agreement to occupy a dwelling unit to the exclusion of another.
TO LET: The granting, either in writing or orally, by the owner or operator to another the right to possess a dwelling, a dwelling unit, a rooming unit, or a type III dwelling unit.
TOILET: A water closet, with a bowl and trap made in one piece, of such shape and form and holding a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and equipped with a flushing rim or flushing rims.
TYPE III DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals but does not have a toilet or bath available for the exclusive use of the occupants thereof. (1978 Code §17-2; amd. 1994 Code; Ord. 02-4052, 11-5-2002; Ord. 03-4082, 5-20-2003; Ord. 08-4315, 9-9-2008; Ord. 17-4734, 12-19-2017, eff. 1-1-2018; Ord. 18-4744, 4-2-2018)