156.01 Purpose | 156.09 Deletions |
156.02 Scope | 156.10 Amendments, Modifications, Additions, and Deletions |
156.03 Code Adopted | 156.11 Rental Certificate Requirements, Conditions, and Fees |
156.04 Code Reference | 156.12 Complaint by Tenant |
156.05 Interpretation | 156.13 Collection of Fees, Fines, Penalties, and Costs |
156.06 Indemnification | 156.14 Appeals |
156.07 Building Inspector | 156.15 Violations |
156.08 Fees | |
1. In compliance with Chapter 364.17 of the Code of Iowa, it is the purpose of this chapter to require property owners, their agents, and others who rent residential dwelling/sleeping units to meet their responsibilities with respect to premise safety and to provide for inspection as a means of compelling compliance therewith. It is not the purpose of this chapter to create any duty on the part of the City, its officers, agents, or employees, owing to any individual member of the public or to protect any particular or circumscribed class of persons. Specifically, it is not the intent of this chapter to create any duty or liability by the City, its officers, agents, or employees, to premises’ occupants, owners, tenants, or any other person.
2. No person shall place reliance upon this chapter, any inspections performed, or certificates issued pursuant to this chapter, as indicating the safety of or quality of construction of any particular premises. Neither this chapter nor inspections made pursuant thereto nor certificates issued are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use of occupancy of any premises. A certification that the premises have been inspected pursuant to this chapter shall not in any way constitute a warranty or guarantee of the safety or quality of the premises.
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:
1. 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.
2. 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.
3. Transient shelters and group homes subject to state licensing.
4. Hotels, motels, extended stay hotels, and other similar uses subject to state licensing.
For the purposes of this Residential Rental Code, the International Property Maintenance Code (IPMC) 2018 Edition and Appendix A therein along with the other provisions within this chapter are hereby adopted and shall be further known as the City of Waukee Residential Rental Code. An official copy of the International Property Maintenance Code, 2018 Edition, as adopted, and a certified copy of this chapter can be viewed in the Development Services Department.
1. Building Codes Referenced. The International Building Code, International Residential Code, International Fire Code, National Electric Code, International Plumbing Code, International Mechanical Code, and International Fuel Gas Code that are adopted and enforced at the time of inspection are adopted, as referenced for requirements, location, and maintenance of building elements needed to provide structural, fire, and building safety for occupants. This includes, but is not limited to, stairways, smoke detectors, sprinklers, handrails/guardrails, lighting, and exits unless otherwise stated in this chapter.
2. Public Health. Those nuisances and public health conditions not addressed by this Code of Ordinances shall be governed and regulated by the Dallas County Department of Health.
1. In interpreting and applying the provisions of this chapter, such provisions shall be held to the minimum requirements for the promotion of the public health, safety, and welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
2. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute, private covenants, or other provision of law except as provided in these regulations. If a conflict between requirements appears within this chapter, the most restrictive requirement shall prevail.
3. Information erroneously presented by any official or employee of the City does not negate or diminish the provisions of this chapter pertaining thereto.
4. Whenever a number of days is specified in this chapter, or in any permit, condition of approval or notice issued or given as set forth in this chapter, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified.
5. Whenever application of this chapter results in standards being expressed in fractions of whole numbers, such fractions are to be rounded to the next higher whole number.
6. No action of the City, its City Council, Development Services Department staff, or the Board of Appeals shall be deemed invalid by reason of failure to comply with or conform to the provisions of this chapter, provided that the procedural requirements of the Code of Iowa have been met.
7. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the administrative official and that recourse from the decision of the Board of Appeals shall be as provided by law.
The applicant for any rental certificate under this chapter, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with or related to the issuance of such rental certificate or the doing of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of such applicant, to abide by or comply with any of the provisions of this chapter or any other ordinance of the City; and such applicant, by making such application, forever indemnifies the City, its officers and employees and agrees to save it and them harmless from any and all claims, demands, lawsuits, or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing even though acts or omissions of the City, its officers or employees may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of any certificate issued under this chapter whether expressly recited therein or not.
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