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The Code Enforcement Department shall inspect all rental units being offered as a rental in the City every five years. As part of the revolving inspection process, the Code Enforcement Department may require that a reinspection be held at a time sooner than five years if concerns or violations were found during previous inspections or if the Code Enforcement Department receives complaints of possible building code violations of a rental unit during the five-year term. Inspections of a rental unit shall be subject to the following terms and conditions:
1. The City shall notify the owner or landlord of its intent to inspect a rental unit at least 15 days prior to a scheduled inspection. It is the owner’s or landlord’s responsibility to notify the tenants of the date and time of inspection prior to the inspection.
2. Inspections shall not be conducted without the property owner or owner’s representative present unless owner or owner’s representative gives their permission to the City to inspect without them being present prior to the inspection.
3. Inspections shall be consistent with the applicable building codes adopted by the City.
4. All fees are to be collected before inspection, at time of application.
5. If the inspector arrives at the time scheduled and no person is available to show the premises to him, the owner or landlord shall pay a $50.00 “no show” fee.
6. Items not inspected as part of this chapter include but are not limited to:
A. Asbestos
B. Lead-based paint
C. Complaints between tenants
D. Rental agreements
If it is necessary for a code official to conduct an inspection in order to enforce the provisions of this Code of Ordinances and, in doing so, requires access to the rental, the inspector may enter the rental at reasonable times to inspect or to perform duties imposed by this chapter. If such rental is occupied, the inspector shall present credentials to the occupant before entry. If entry is refused, the inspector shall have recourse to the remedies provided by law to secure entry including, but not limited to, obtaining an administrative search warrant to search the rental unit.
Whenever a property or portion of a property being governed by the provisions of this chapter is found to have a violation of the City building code, the Code Enforcement Department may order repairs to remedy the violation. A written letter setting out the corrective work necessary to remedy the major violations shall be delivered to owner or landlord by certified mail or hand delivery. The Code Enforcement Department may order that the occupancy of the rental unit subject to a violation finding be discontinued and vacated until the violation is corrected. Notice to vacate or removal of tenants shall be carried out according to Iowa law. The owner or landlord shall be given 30 days from date of receipt of the letter to complete the necessary repairs to remedy the violation, or submit an appeal of the Code Enforcement Officer’s determination of a violation per Section 156.13 below. At the end of the said 30-day time period, if the necessary repairs to remedy the violation are not completed and no appeal has been taken, the owner or landlord shall be assessed a fee of $100.00 per violation. If repairs are not completed in the mentioned time frame, the Code Enforcement Officer can grant an extension given a reasonable explanation for completion of violations.(See also Section 156.11)
TYPE OF INSPECTION OR TRANSACTION | FEE |
Certificate of Compliance
| Included with Housing Permit |
New Construction Certificate of Compliance
| Included with Building Permit |
Failure to Correct or Repair Violation (See Section 156.10
| $100.00 |
Inspection fee for every additional inspection, including, but not limited to, court-requested, attorney-requested, progress inspection at request of owner or manager or City Council.
| $50.00 per unit |
Failure to keep appointment, arrange for inspection, or provide entry for scheduled inspection.
| $50.00 per unit |
Housing Appeals | $100.00 |
If an owner or landlord submits a timely appeal of the Code Enforcement Department’s determination of a violation or required action to remedy the violation, said appeal shall be submitted to a City Council subcommittee consisting of members of the City Council appointed by the Mayor. The findings of the subcommittee shall be conclusive, and if the subcommittee finds that a violation has occurred or the corrective work is reasonable and necessary to remedy the violation, the owner or landlord shall then have 30 days from the date of the subcommittee’s ruling to complete the necessary corrective work and further be subject to the penalties provided for in this chapter for failure to timely complete the corrective work in the event the corrective work is not completed within the 30-day time period.
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