1 Title. These regulations shall be known as the Rental Housing Property Maintenance Code of Sergeant Bluff, Iowa, hereinafter referred to as “this code.”
2 Scope. The provisions of this Chapter shall apply to the maintenance, repair, equipment, use and occupancy of all residential rental buildings and accessory structures now in existence or hereafter constructed, habilitated, renovated or converted to residential use within the corporate limits, including, but not limited to, single and two-family dwellings, multiple-family dwellings and rooming/sleeping units with the following exceptions:
A. Single-family dwellings occupied by the owner, or members of that owner’s immediate family. Such members are defined as parents, grandparents, children and grandchildren.
B. A duplex, at least one of the units of which is occupied by the owner, and the other unit is occupied by a member of that owner’s immediate family. Such members are defined as parents, grandparents, children and grandchildren.
C. Transient shelters and group homes subject to state licensing.
D. Hotels, motels, extended stay hotels, and other similar uses subject to state licensing.
3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of rental housing structures and premises. Rental housing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required in this code. It is hereby further declared that the purpose of this code is to provide procedures for the registration, maintenance, inspection, and certification of dwelling units for use as rental housing.
4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
5 Indemnification. The Code Enforcement Officer, officer or employee charged with the enforcement of this code, while acting for the City, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of Enforcement Officer duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the City until the final termination of the proceedings. The Code Enforcement Officer or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer involved with property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of Enforcement Officer duties in connection therewith.