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1. False statements on any application or other information or report required by this section to be given by the applicant or licensee.
2. Failure to pay any application, penalty, re-inspection or reinstatement fee required by this chapter or city council resolution.
3. Failure to correct deficiencies noted in notices of violation within the time specified in the notice.
4. Failure to comply with the provisions of a mitigation or remediation plan approved by the building official or designee.
5. Failure to comply with the provisions of title VIII of the Fair Housing Act of 1968 (as amended).
6. Zoning: It shall be unlawful to make alterations and conversions of any residential use as specified in subsections 10-8-1A1 and 10-10-1A1 of Ordinance No. 5079, City of Waterloo Zoning Ordinance, without approval by the Board of Adjustment after recommendation of the Planning, Programming, and Zoning Commission.
7. Failure to provide proof of the insurance referred to in subsection 9-7-5A of this chapter upon request of the city clerk.
8. Designation of a rental unit or the larger structure of which it is a part as an unsafe structure by the building official or his designee.
9. Failure to file a complete application.
10. Any conviction under section 9-7-9.
11. Conviction of three (3) or more property related municipal infractions by the landlord, property manager, or responsible local agent in one (1) year period.
B. Notice Of Decision: A decision to deny, suspend, revoke or not renew a license or permit shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action.
C. Effect Of Decision: Upon decision to deny, suspend, revoke or not renew a rental unit permit, no new application for a rental unit permit for the same rental unit or multi-unit building shall be accepted for a period of six (6) months from the date of the decision. After the six (6) month period has expired, the landlord may reapply for a rental unit permit, but approval is not automatic depending on the specific facts of the case. Further action adverse to the landlord or responsible local agent is appealable under this chapter. No rent may be collected for any rental unit not covered by a valid, current rental unit permit in accordance with subsection D of this section. Until such rental unit permit is issued, reissued or reinstated, no new rental contracts may be entered into and rent may not be collected by the landlord or its local responsible agent for any of such landlord's rental properties, but existing rental contracts may be extended or renewed on the same terms and rent owed may be collected.
D. Rent Abatement: No rent may be collected for any rental unit not covered by a valid, current rental unit permit. The licensing officer may order rent abated when it is determined that the owner has, after issuance of a notice of violation of this chapter:
1. Failed to provide an essential service (water, sewer, electricity, heat);
2. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant, unless the tenant's or the tenant's guests acts or omissions caused said condition; or
3. Allowed an individual to live in a rental unit that does not have a valid rental permit.
Rent abatement means that the owner may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has been remedied. A copy of the rent abatement order shall be given to the owner at the address on the rental permit and to the tenant by U.S. mail and by posting on the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner.
E. Appeals: A landlord, property manager, or responsible local agent may appeal the decision of the licensing official to abate, deny, suspend, revoke, or not renew a rental unit permit. The applicant or holder of the license or permit may appeal the decision to the housing appeals board as provided in section 9-7-11 of this chapter.
F. Order Of Precedence To Deny, Suspend, Revoke Or Not Renew A Landlord License Or Rental Unit Permit:
1. First Course Of Action: Rental unit permit(s) shall be denied, suspended, revoked or not renewed if an owner allows a specific property or properties to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s).
2. Second Course Of Action: Landlord license shall be denied, suspended, revoked or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). (Ord. 5650, 6-20-2022)
A. Rental Properties: Regular inspection on all residential rental property, including mobile homes, shall be made once every three (3) years for compliance with the building code, property maintenance code, other applicable codes, and this chapter. In addition to said codes and this chapter, the housing quality standards promulgated by the United States Department of Housing and Urban Development for use in assisted housing programs shall govern to the extent not superseded by more stringent requirements of said codes and this chapter. Inspections of all properties shall also be made at any time upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated violations during any twelve (12) month period shall be put on an annual inspection schedule for three (3) years following the last substantiated complaint.
B. Regular Inspections: Inspections shall be made with notice to the owner, or its responsible local agent if any, and occupant at least five (5) days prior to the inspection being made. Inspection shall be made of each rental unit and of all common space or areas under the owner's control.
C. Certificate Of Inspection:
1. No person shall rent, lease or cause to be occupied any rental unit that does not possess a certificate of inspection issued under this code. Any landlord or responsible local agent registering a rental unit for the first time must have a rental inspection completed prior to renting a rental unit and prior to receiving a rental unit permit.
2. After passing inspection, a rental unit governed by this chapter shall be issued a certificate of inspection.
3. The landlord, property manager, or its responsible local agent if any, and occupants of rental units inspected under this chapter shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of an occupant, with a specific time limit set for correction of the violations.
4. A certificate of inspection shall in no way signify or imply that the premises for which it is issued is in conformance or compliance with all portions of the City of Waterloo City Code, or the laws of Black Hawk County or the State of Iowa. The City of Waterloo shall maintain no liability in regard to the certificate of compliance.
D. Inspection Fees: All inspection and re-inspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be deemed a violation of this section. Fees shall be as follows:
1. A re-inspection fee of fifty dollars ($50.00) per unit if not in compliance shall be charged for the first re-inspection. A re-inspection fee of one hundred and fifty dollars ($150.00) per unit shall be charged for the second re-inspection. A re-inspection fee of two hundred and fifty dollars ($250.00) per unit shall be charged for the third re-inspection.
2. A fee of one hundred ($100.00) shall be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or occupant did not provide notice to cancel the inspection within twenty-four (24) hours of the appointment.
E. Lead Based Paint: Every owner or operator of a dwelling unit or rooming unit being let for rent and/or occupancy shall certify that the dwelling is in accordance with HUD lead based paint regulations, 24 CFR, part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, as amended. (Ord. 5650, 6-20-2022)
It is declared to be against the public policy of the City of Waterloo for a landlord or their agent to commence equitable proceedings pursuant to Iowa Code Chapter 648 without first being licensed and registered by the City of Waterloo pursuant to this `chapter. It is further declared to be the public policy of the City of Waterloo that tenants be afforded the benefit of the equitable doctrine of clean hands in any action filed pursuant to Iowa Code Chapter 648. (Ord. 5650, 6-20-2022)
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)