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A. Landlord: Every landlord or its agent, in addition to being responsible for maintaining each rental unit in a sound structural condition, shall be responsible for keeping that part of the building or premises which it controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more rental units. In addition, every landlord or its agent shall comply with the provisions of title 5, chapter 3, article B of this code, granting housing protections to victims of domestic violence.
B. Tenant To Maintain Rental Unit: The tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
C. In every rental agreement entered into after the effective date of this chapter, the following obligation shall be imposed upon the landlord:
1. The landlord shall provide tenant with a summary of rights pursuant Iowa Code chapter 562A. (Ord. 5650, 6-20-2022)
The housing appeals board shall consist of five (5) members, three (3) of whom shall constitute a quorum. All appointments shall be for a term of three (3) years. The board shall consist of a home builder, a tenant, a landlord and two (2) members at large. Each board member shall be a resident of the city of Waterloo or shall have his or her principal place of employment in the city of Waterloo. No member of said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; provided, however, that a third term may be approved upon extraordinary circumstances and/or unavailability of applicants as determined by the mayor. (Ord. 5650, 6-20-2022)
A. Right Of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final.
B. Scheduling And Noticing Appeal For Hearing: As soon as practicable after receiving the written appeal the housing appeals board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the city clerk and the administrative fee paid. Written notice of the time and place of the hearing shall be given at least ten (10) days before the date of the hearing to each appellant by the city clerk either by delivering a copy of such notice to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. The hearing shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the board in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the board at least seven (7) days before the hearing date.
C. Conduct Of Hearing: At the appeal hearing the appellant shall have an opportunity to be heard and to show cause as to why such decision should be modified, extended, or overturned, or why a variance should be granted. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The board may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the board, by a majority vote, may sustain, modify, extend or revoke a decision or grant or deny a variance. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof.
D. Variances Or Extensions: The board, by majority vote, may grant variances or extensions of time to take corrective action. In the event that an extension or variance is granted, the board shall observe the following conditions:
1. In lieu of or in addition to administrative extensions, the board may grant an extension or extensions of time for compliance with any order or notice provided that the board makes specific findings of fact based on evidence relating to the following:
a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
b. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
2. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed nine (9) months.
3. The board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following:
a. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and
b. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and
c. That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and
d. That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
E. Staying Of Order Under Appeal: Enforcement of any notice issued under this chapter shall be stayed during the pendency of a timely and properly perfected appeal therefrom. (Ord. 5650, 6-20-2022)
A. Violation: Any landlord, property manager, or responsible local agent who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code and further actions to deny, suspend, revoke or not renew a landlord license or rental unit permit as prescribed in this chapter. The provisions of this chapter shall apply to all landlords, property managers, and responsible local agents whether or not they have obtained a rental unit permit.
B. Correction: Violation correction procedures as prescribed in sections 106 and 107 of the adopted International Property Maintenance Code shall be followed unless otherwise amended by this or other provisions of this code.
C. Injunction: It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the city attorney may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 5650, 6-20-2022)