156.04 AMENDMENTS TO THE PROPERTY MAINTENANCE CODE.

   The following sections are hereby revised:

Section 101.1 Title. Insert: "The City of Missouri Valley" as name of jurisdiction.

Section 103.5 Fees. shall be deleted and replaced as follows:

   103.5 Fees.
   The fee for activities and services performed by the department in carrying out its responsibilities under this code shall be adopted by resolution of the City Council.

New sections 103.6 through 103.12 Permits. Shall be added to read as follows:

   103.6 Permit Required.
   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.   A valid residential rental permit has been issued, or is pending, subject to inspection approval.

   2.   All existing rental properties as of the date of adoption of this ordinance must apply for a permit to the City within 90 days of the adoption of this ordinance. 1 Failure to do so shall    result in penalties which may include, but are not limited to issuance of tenant notice to vacate and/or issuance of municipal infraction citations. Any new or converted properties thereafter must be have a valid permit prior to occupancy.

   103.7 Permit Application.
   1.   Permit application shall be made by the owner or owner's representative on forms provided by the City, and submitted to the Code Enforcement Officer. Applications will not be approved without submittal of all required information, payment of required fees, and compliance with the requirements of this chapter.

   2.   Applicant shall provide the following information:

      a.   Address of property.

      b.   Number and type of dwelling units in the dwelling structure.

      c.   Zoning district in which the property is located.

      d.   Owner's name and contact information:
         i.   Mailing address
         ii.   Contact telephone number during normal business hours
         iii.   Alternate telephone number
         iv.   Email address, if applicable

      e.   If management responsibility has been delegated by the owner to a different party:
         i.   Name of property manager
         ii.   Mailing address
         iii.   Contact telephone number during normal business hours
         iv.   Alternate telephone number
         v.   Email address, if applicable

   3.   The owner or property manager is responsible to inform the Code Enforcement Officer of any subsequent changes to any permit information, at the time of such changes, and at any such time that changes occur after initial permit application submission or permit approval.

   103.8 Duration of Permit.

   Residential rental permits shall be issued for terms of three years, shall expire at the end of that term, and shall not be renewed without inspection. Notice of expiration shall be issued by the City to the owner or property manager.

    103.9 Permit Fees.

   Fees shall be due at the time of application. Failure to pay require fees shall constitute a violation of this Code, and may result in penalties in the form of revocation of the residential rental permit; issuance of tenant notice to vacate; and/or issuance of municipal infraction citations. Fees shall be authorized by resolution.

   103.10 Transfer of Permit.

   Residential rental permits may not be transferred from one owner to another in the event of property sale. It is the responsibility of the current owner to inform the Code Enforcement Officer of the buyer's name and contact information. It is the responsibility of the property buyer to register the property in his/her name or company name, and furnish appropriate contact information to the Code Enforcement Officer.

   103.11 Sale of Property.

   It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the inspector and shall furnish to the Code Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

   103.12 Denial and/or Revocation of Permit.

   1.   If a dwelling unit is found in violation of any requirements of this chapter, the inspector shall notify the owner, and if applicable property manager, of the deficiencies in writing. All cited deficiencies must be corrected within the time limits specified in the inspector's notice. The residential rental permit shall be denied or revoked if the dwelling is not in compliance at the end of the period specified by the Inspector.

   2.   Upon denial or revocation of the residential rental permit the City shall notify the owner and the occupants in writing. The notice shall state the reason for revocation, statement of required corrective actions, that the dwelling must be vacated within 30 days of the date of notice unless compliance is achieved prior to that date and that the owner may appeal to decision as outlined in Section 111.

   Add Sections 104.7 through 104.15 Residential Rental Inspections.

 

   104.7 Residential Rental Inspection Required.

   Inspection of residential rental property is required to secure compliance with all relevant codes and standards.

   104.8 Initial Inspections.
   1.   The initial inspections following the adoption of this ordinance shall occur in accordance with a phased-in systematic inspection program to be prepared by the City. A minimum thirty (30) days written notice shall be given for all initial inspections. Inspections for residential rental units may also be scheduled upon a transfer of ownership, upon receipt of written complaints, alterations, modifications, or for any other reasonable cause.

   2.   The initial, or "first" inspection shall be scheduled by the City with the owner or property manager. The owner or property manager is responsible to provide a minimum 24-hour advance notice to tenants prior to the scheduled inspection. The owner, property manager, or his/her designated representative shall be present at the inspection. The inspector shall not perform the inspection if it is discovered the tenants have not received the required advance notice or if the owner, property manager, or his/her designated representative is not present. Additionally, a re-inspection will be scheduled, and the owner will be charged a re-inspection fee in accordance with a fee schedule set by resolution of the City Council.

   104.9 Re-inspections.

   Re-inspections are required to verify correction of code deficiencies identified at a prior inspection. If Code deficiencies are found on a first inspection, each succeeding re-inspection shall be charged a fee in accordance with a fee schedule set by resolution of the City Council.

   104.10 Regular Periodic Inspection.

   Regular periodic inspection is required prior to expiration of a current Rental Permit. Registered owners or property managers shall receive advance notice of required periodic inspection appointments from the City. An owner's or property manager's or his/her designated representative's failure to appear at a scheduled periodic inspection is a violation of this Code subject to penalties as provided herein. Penalties include, but may not be limited to fees in accordance with a fee schedule set by resolution of the City Council.

   104.11 Noted and Cited Code Violations.

   1.   Noted code violations are not considered life safety issues and are not of a severity to cause structural deterioration. Noted items shall not prevent the issuance of a residential rental permit.

   2.   Cited code violations must be repaired prior to the issuance of a residential rental permit. Cited items may lead to further enforcement actions by the City of Missouri Valley.

   104.12 Reasonable Time Limits for Compliance.

   General compliance time limits for cited items shall be as follows:

   1.   Imminent life safety - requires immediate corrective action;

   2.   Routine/normal maintenance - must be completed within 30 days;

   3.   Seriously deferred maintenance/medium-large project - 90 days;

   4.   Weather/seasonal dependent item - 180 days or as negotiated with the inspector.

   104.13 Time Extensions for Compliance.

   Applications for time extensions may be submitted to the Code Enforcement Officer with a progress report and estimated schedule for completion. Such applications will be reviewed and approved or denied in writing on an individual case basis by the Code Enforcement Officer. Appeals of the determination of the Code Enforcement Officer may be made in accordance with Section 111.

   104.14 Right to Access by Inspector.

   The building inspector and his/her authorized representative may enter any premises on proof of authority for the purpose of inspecting any building, at such times as may be reasonably necessary to protect the public health, safety, and welfare.

   104.15 Emergency Orders.

   1.   Whenever the inspector, in the enforcement of the housing code, finds that a condition exists which requires immediate action to protect the health or safety of the occupants and/or the general public, the inspector may, without notice or hearing, issue an order reciting the existence of such a condition and requiring that action be taken such as the inspector deems necessary to abate the condition. If necessary, the Code Enforcement Officer may order that the premises be vacated forthwith, and said premises shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the code, such order shall be effective immediately or in the time and manner prescribed by the order itself.

   2.   No dwelling, dwelling unit, rooming unit or portion thereof which has been determined to be unfit for human habitation shall be used for human habitation again until written approval is secured from the Inspector and the Code Enforcement Officer.

Section 112.4 Stop Work Order. Replace with the following:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a municipal infraction under Chapter 4 of the Missouri Valley, Iowa Code of Ordinances.

Section 302.4 Weeds. Replace with the following:

All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (8"). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Section 304.14 Insect Screens. Delete the following:

During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Section 305.3 Interior Surfaces. Replace with the following:

   305.3 Interior Surfaces.

   All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. (The presence of lead-based paint shall constitute a noted deficiency.) Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

Section 602.3 Heat Supply. Delete the following:

   Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms

   Exceptions:

   1.   When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

   2.   In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained..

Section 602.4 Occupiable Work Spaces. Delete the following:

   Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

   Exceptions:

   1.   Processing, storage and operation areas that require cooling or special temperature conditions.

   2.   Areas in which persons are primarily engaged in vigorous physical activities.

 

Notes

1	EDITOR'S NOTE: Chapter adopted by Ordinance No. 553 on January 21, 2020