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Windsor Heights Overview
Windsor Heights, IA Code of Ordinances
WINDSOR HEIGHTS, IA CODE OF ORDINANCES
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 HOTEL-MOTEL TAX
CHAPTER 10 DEFERRED COMPENSATION FOR CITY EMPLOYEES
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR/TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC WORKS DIRECTOR
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 30.11 UNBIASED POLICING POLICY
CHAPTER 31 ALARM SYSTEMS
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 FIRE CODE
CHAPTER 40 PUBLIC OFFENSES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 DAMAGED OR INOPERABLE VEHICLES
CHAPTER 52 ABANDONED VEHICLES
CHAPTER 53 LITTER CONTROL
CHAPTER 54 NOISE POLLUTION
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS DOGS
CHAPTER 57 ILLEGAL OR DANGEROUS ANIMALS
CHAPTER 60 TRAFFIC AND VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 CROSS CONNECTION CONTROL
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER AND COMMERCIAL WASTEWATER
CHAPTER 101 STORM WATER DRAINAGE UTILITY
CHAPTER 102 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 105 SOLID WASTE CONTROL AND RECYCLING
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 SOLID WASTE DISPOSAL
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 FRANCHISE FEES
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 PAWNBROKERS
CHAPTER 125 ADULT ENTERTAINMENT FACILITIES
CHAPTER 126 PUBLIC DANCE HALLS
CHAPTER 135 EXCAVATIONS OF PUBLIC PROPERTY
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET AND SIDEWALK GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 DRIVEWAY REGULATIONS
CHAPTER 141 FIBER OPTIC CABLE LICENSE
CHAPTER 142 PARKLETS
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES AND VEGETATION
CHAPTER 152 TEMPORARY STRUCTURES
CHAPTER 153 TEMPORARY SIGNS
CHAPTER 155 BUILDING CODES
CHAPTER 156 PROPERTY MAINTENANCE AND RENTAL HOUSING CODE
CHAPTER 157 STANDARD CONSTRUCTION SPECIFICATIONS
CHAPTER 158 MECHANICAL CODE
CHAPTER 159 PLUMBING CODE
CHAPTER 160 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 161 POST-CONSTRUCTION STORM WATER CONTROL
CHAPTER 162 FUEL GAS CODE
CHAPTER 163 DEMOLITION & RAZE PERMIT
CHAPTER 165 ZONING CODE - GENERAL PROVISIONS
CHAPTER 166 ZONING CODE - DEFINITIONS
CHAPTER 167 ZONING CODE - USE TYPES
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - OVERLAY DISTRICTS
CHAPTER 170 ZONING CODE - DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 171 TEMPORARY USES AND STRUCTURES
CHAPTER 172 ZONING CODE - SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS
CHAPTER 173 ZONING CODE - LANDSCAPING AND SCREENING STANDARDS
CHAPTER 174 ZONING CODE - OFF-STREET PARKING
CHAPTER 175 ZONING CODE - SIGN REGULATIONS
CHAPTER 176 ZONING CODE - NONCONFORMING DEVELOPMENT
CHAPTER 177 ZONING CODE - ADMINISTRATION AND PROCEDURES
CHAPTER 178 COMPREHENSIVE PLAN
CHAPTER 179 BOARD OF ADJUSTMENT
CHAPTER 180 CONDITIONAL USE PERMITS
CHAPTER 181 ADMINISTRATION AND ENFORCEMENT
CHAPTER 183 MOBILE FOOD UNITS
CHAPTER 185 FLOODPLAIN MANAGEMENT
155.07  INSTALLMENT SALE TRANSACTIONS.
   1.   Definitions.  For the purpose of this section, the following definitions shall apply:
      A.   “Contract” means a real estate installment purchase agreement for the intended transfer of residential real estate between a buyer and seller.  A real estate installment purchase agreement is one which is payable in more than four (4) installments, not including the down payment, in which the contract buyer takes possession of the property immediately but does not receive the deed and title until all installment payments have been made.  This does not apply to contracts for commercial property or vacant lots.
      B.   “Contract buyer” means the person or entity purchasing or acquiring the real property.
      C.   “Contract seller” means the person or entity offering or transferring the real property for sale,  or anyone acting on behalf of the contract seller.
      D.   “Director” means the building enforcement director of the City or his/her designee.
      E.   “Inspection” means a physical examination of the real estate, which shall include (but not be limited to) a review of the structural components, exterior, roofing, plumbing, heating, cooling, electrical, insulation and ventilation, interior, fireplace, and solid fuel burning appliances of the real estate.
      F.   “Inspection report” means a report in a form approved by the City and prepared by an inspector to describe an inspection.
      G.   “Inspector” means the individual who performs the examination of the real estate.
      H.   “Person” means an individual, a corporation, a limited liability company, a government or governmental subdivision or agency, a business trust, an estate, a trust, a partnership or an association, or any other legal entity.
      I.   “Transfer” means the conveyance by sale, exchange, contract or by any other method by which real property is purchased.  For the purpose of this section, transfer does not mean the conveyance of real estate interests as detailed under Chapter 558A of the Code of Iowa.
   2.   Inspector Certification and Disqualification. 
      A.   All inspectors who perform the inspections of real estate pursuant to a contract shall be members in good standing of an eligible professional association for home inspectors.  An eligible professional association must have the following attributes:
         (1)   Not-for-profit status;
         (2)   Standards for Practice for its members;
         (3)   Code of Ethics for its members;
         (4)   Requires examinations for membership; and
         (5)   Requires annual continuing education.
      No inspector shall be employed by an entity that is owned by a contract seller or an affiliate.  The term affiliate means a parent, brother, or sister entity (meaning its parent entity has an ownership interest in each entity or shares a common manager), or a subsidiary entity or any other entity in which the contract seller, its parent, brother, sister, or subsidiary entity owns five percent (5%) or more of such entity.
      B.   Members of professional associations who are otherwise eligible to perform inspections shall obtain prior approval from the City to perform said inspections.  The City shall have the discretion to approve or deny any inspector and shall maintain a current list of all inspectors who are eligible to perform inspections under this section.
      C.   The City shall have sole discretion to grant, suspend, or revoke an inspector’s certification based upon any of the following:
         (1)   Malfeasance;
         (2)   Neglect of duty;
         (3)   Incapacity;
         (4)   Disqualification, suspension, or debarment from any activity related to the construction or real estate industry by an agency of any government;
         (5)   Offering or giving gifts or gratuities to employees of the City in violation of State law; and/or
         (6)   Failure to comply with any other requirements of this section.
      D.   If the Director determines that cause exists to disqualify an inspector from performing inspections for any of the reasons set forth above, the Director shall notify said inspector.  The notice shall set forth the reason(s) for disqualification and shall be sent to the inspector by certified mail.
      E.   Upon written request of the inspector filed within ten (10) days of the mailing of the above-referenced notice, the Director shall schedule a hearing at which the inspector may present evidence why he or she should not be disqualified.  The Director’s recommendation shall be issued within thirty (30) days of the conclusion of the hearing and shall be mailed to the inspector via certified mail.  The Director’s recommendation shall be forwarded to the City Council.
   3.   Procedures and Fees.
      A.   A person seeking to transfer real property by contract, or a broker, salesperson, or agent acting on behalf of such person, shall obtain or update an inspection of the subject real estate not more than sixty (60) days prior to the execution of the contract.
      B.   The inspector shall prepare an inspection report of the physical examination of the real estate.  The inspection report shall also include written certification that the Inspector is a member of good standing in an eligible professional association, as detailed above.
      C.   The inspection report shall be delivered to the contract buyer and the City at least fourteen (14) days prior to the execution of the contract.  The inspection report may be delivered to the contract buyer via personal delivery and/or certified or registered mail.  Proof of delivery of the inspection report along with a filing fee of $75.00 shall be filed with the City at least fourteen (14) days prior to the execution of the contract.  Subsequent inspection reports and updates for the same property involving the same contract buyer may be filed by the same contract seller without requiring an additional filing fee.
      D.   Within seven (7) days following execution of the contract, the contract seller shall file with the City copies of all instruments transferring the real estate.
      E.   The City shall have the right to annually—or on an “as needed basis”—inspect any property for which an inspection is allowed under this section.  All persons with ownership or management interests in the property shall allow inspection upon reasonable notice provided by the City.
      F.   Any person who fails to perform an act required by this section or who commits an act prohibited by this section shall be guilty of a municipal infraction.
   4.   Ordinance not Limiting.  The responsibilities imposed under this section shall not limit or abridge any duty, requirement, obligation, or liability for disclosure created by another provision  of law, or under contract between parties.
   5.   Alternate Procedures.  In the alternative to proceeding with the provisions in (1) through (4) above, contract sellers may elect to be bound by and comply with the City’s Property Maintenance and Rental Housing Code, as outlined in Chapter 156 of this Code of Ordinances.  If a contract seller elects to proceed under the governance of Chapter 156, said person must promptly notify the City and comply with all rental housing provisions prior to executing a contract.