The International Property Maintenance Code, 2012 Edition (hereinafter known as the IPMC), is amended as follows:
1. Deletion. The following section is deleted from the IPMC and is of no force or effect in this chapter:
111 – Means of Appeal
2. Subsection 101.1, Title, of the IPMC is hereby deleted and there is enacted in lieu thereof the following subsection:
101.1 Title. These regulations shall be known as the Property Maintenance and Housing Code of the City of Windsor Heights, hereinafter known as “this code.”
101.1 Title. These regulations shall be known as the Property Maintenance and Housing Code of the City of Windsor Heights, hereinafter known as “this code.”
3. Subsection 102.3, Application of Other Codes, of the IPMC is hereby amended by deleting said subsection and inserting in lieu thereof the following:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions, as applicable, of the Windsor Heights Building Code, Windsor Heights Residential Code, Windsor Heights Mechanical Code, Windsor Heights Fuel Gas Code, Windsor Heights Plumbing Code, Windsor Heights Fire Code, and the Windsor Heights Zoning Code.
4. Subsection 102.11, Rental Housing Code, is hereby established by adding the following provisions:
102.11 Rental Housing Code. In addition to provisions of the Property Maintenance Code of the City of Windsor Heights, this subsection shall be hereafter known as the City Rental Housing Code and may be cited as such and will be referred to as such in this subsection.
102.11.1 Adoption of Housing Code. In accordance with the requirements of Section 364.17 of the Code of Iowa, the City hereby adopts the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials and the Recommended Minimum Housing Standards, 1986 Edition, as published by the American Public Health Association. In instances where there is conflict between the Uniform Housing Code, 1997 Edition, and the Recommended Minimum Housing Standards, 1986 Edition, as adopted herein, the most restrictive provision will apply.
102.11.2 Scope. The provisions of this subsection shall be deemed to apply to all dwellings or portions thereof used or designed or intended to be used for human habitation. All occupancies in existing buildings may be continued as provided in previously adopted Building Code(s) except such structures as are found to be substandard as defined in this code. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging house shall comply with all of the requirements of this code applicable to dwellings. However, this subsection does not apply to single-family dwellings occupied by the owner, as defined in Section 167.04 of this Code of Ordinances, unless the owner is operating a rooming house.
102.11.3 Purpose. The purpose of this code is to ensure that rental housing facilities and conditions are of sufficient quality to protect and promote the health, safety, and welfare of those persons utilizing such housing and also the general public.
102.11.4 Definitions. For use in this subsection the following items are defined:
102.11.4 Definitions. For use in this subsection the following items are defined:
RENTAL APARTMENT HOUSE OR BUILDING. Any building or portion thereof which is designed, rented, leased, or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking in the said building, and includes flats and apartments.
RENTAL DWELLING. Any house, building, or portion thereof which is occupied in whole or part as a home or residence of one or more tenants, on a rental basis, or when, in return for housing, a tenant agrees to occupy and maintain the premises and pay utilities. No part of a building hereafter constructed or altered into a dwelling as described may be occupied in whole or in part for human habitation until the issuance of a rental certificate by the City that such part of the dwelling conforms to code requirements. A dwelling unit that is being rented for a period of 90 days or less in a single calendar year or a portion of such dwelling unit shall be exempt from this chapter. For rent-to-own/owner-carry/contract sales, see Windsor Heights City Code 155.07.
RENTAL DWELLING UNIT. One or more habitable rooms in a dwelling, apartment house, rooming house, lodging house, or building which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, and eating.
RENTAL CERTIFICATE. A certificate issued within fourteen (14) days after successful completion of a rental inspection. Such a certificate shall thereafter be known as a rental certificate.
TENANT. (i) a person occupying a dwelling unit who pays (or has payments made on his or her behalf) a stated payment at fixed intervals for the use of the dwelling unit; or (ii) a person occupying a dwelling unit owned by another individual, who, in return for housing, agrees to occupy and maintain the premises and pay utilities.
ROOMING HOUSE. A building offered or occupied for lodging, with or without meals, and not occupied as a one- or two-family dwelling.
102.11.5 Housing inspector. The City Council may designate, by resolution, representatives or designees as housing inspectors, or the City Council may, by resolution, approve certain qualified firms or persons who by training or experience are familiar with the provisions of this code to perform inspections of rental apartment houses, buildings, or dwelling units in the City, to ensure their compliance with this code. The inspectors appointed under the provisions of this subsection shall be charged with the responsibility of performing inspections of rental dwelling units in the City only, but shall not be charged with the duty of enforcing the provisions of this code. The City Administrator shall identify the appropriate person responsible for the enforcement of this code and such person may also make any inspections required under the provisions of this subsection.
102.11.6 Regular inspections. Regular inspections of one- and two-family rental dwelling units shall be required every 18 months. Regular inspections of multi-family rental dwelling units shall be required every 12 months. The City will contact the property owner to notify them of the necessary steps to renew their rental certificate. If, after reasonable attempts have been made and the property owner is not reachable or fails to respond to notices or other attempts to contact him or her, the City will contact the tenant to outline the steps necessary for rental certificate renewal. Should it become necessary to contact a tenant to facilitate renewal required under this section, the City shall be entitled to collect additional fees from the property owner to compensate the City for the additional cost associated with this alternative inspection method.
102.11.8 Applications for rental certificate. Every person who offers for rent a rental apartment house or building, rental dwelling or rental dwelling unit in the City shall submit to the City, on forms provided, an application requesting a rental certificate. Such application shall be accompanied by an application fee in the amount established in the current City of Windsor Heights fee schedule. Upon receipt of such application, the City shall facilitate an inspection of the premises and, if the same complies with the provisions of this chapter, issue a rental certificate. If the premises fail to comply, the inspector shall notify the applicant in writing, stating the reasons for such noncompliance.
102.11.8.1 Assessment of costs.
1. The City may charge the owner of real property a late payment fee of $25.00 and may add interest up to 1.5 percent per month if costs imposed under this section are not paid within 30 days of the date due.
2. The City shall send a notice of the late payment costs to such owner by first class mail to the owner’s personal or business mailing address. The late payment fee and interest shall not accrue if such owner files an appeal with the City.
3. Any owner objecting to the collection of costs by assessment may file a written request for a hearing before the City Administrator. The appeal shall be filed within ten days from the date of the notice of late payment. An untimely appeal shall not be accepted unless, in the discretion of the City Administrator, good cause is shown for the untimely filing.
4. The City Administrator shall notify the appellant of the date, time, and location of the hearing.
5. Any unpaid costs and interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Before a lien is filed, the City shall send a notice of intent to file a lien to the owner of the real property by first class mail to such owner’s personal or business mailing address. Prior to filing a property lien, the City may use other means to recover payment, including (but not limited to) the use of professional collection services and the income offset program through the State of Iowa.
102.11.9 Additional inspections. In addition to the inspections required under Subsection 102.11.8, inspectors are also empowered to make similar inspections of all rental dwelling units as frequently as may be necessary and may make inspection at any reasonable time on a written complaint submitted by the owner, tenant, or other person concerned.
102.11.9 Additional inspections. In addition to the inspections required under Subsection 102.11.8, inspectors are also empowered to make similar inspections of all rental dwelling units as frequently as may be necessary and may make inspection at any reasonable time on a written complaint submitted by the owner, tenant, or other person concerned.
102.11.10 Inspection fees for additional inspections.
1. When an inspection is made at the request of the owner, the owner will be responsible for associated inspection fees in accordance with the City of Windsor Heights fee schedule. If an inspection is made at the written request of a tenant and the dwelling unit is found to be in noncompliance due to an omission of the owner, such owner shall be responsible for associated inspection fees. No inspection shall be conducted at the request of a tenant unless the tenant has first submitted the complaint in writing to the landlord no less than seven (7) days before making such complaint to the City. If, after a written complaint by the tenant, the dwelling is found to comply or if such noncompliance is due to conduct on the part of the tenant, the tenant shall be liable for the cost of such inspection. If such costs are not paid by the tenant within thirty (30) days after the date of billing, the City may initiate an action at law or in equity to recover the same in which event the tenant shall be liable for reasonable attorney fees. No fee shall be charged to the owner for inspections where the dwelling is found in compliance or noncompliance is due to conduct on the part of the tenant.
2. In the event an inspection is initiated by the City or at the written request of a person other than the owner or tenant, and if the dwelling unit is found to be in noncompliance, the owner shall be liable for associated inspection fees. No inspection shall be conducted at the request of a person other than the owner or tenant unless that person has first submitted the complaint in writing to the landlord no less than seven (7) days before making such complaint to the City. In the event that, on the date of the inspection, the dwelling unit complies with the provisions of the housing code, no fee shall be charged. In the event that, on the date of inspection, a dwelling unit fails to comply with the provisions of the housing code, which necessitates additional inspections, the owner shall be liable for the costs associated with re-inspection.
3. All fees required under this code shall be paid prior to the issuance or renewal of the rental certificate.
102.11.11 Entrance and survey of buildings. Any such person authorized and acting on behalf of the City for the purposes of inspections may, without fee except as provided in Section 102.11.8, enter, examine, make necessary records, and survey all properties defined under this section within the City. If entry into the interior portion of a property defined in this section is required, seventy-two (72) hours’ notice shall be given by the inspector to the owner and tenant. The owner, owner’s agent or representative, and the lessee and occupant of every property, and every person having the care and management of the same shall, at all reasonable times when required by such officers or persons, give them free access to such property and premises. The owner and said owner’s agents and employees shall have right of access to such properties at reasonable times for the purpose of bringing about compliance with the provisions of this code or any order issued hereunder.
102.11.12 Rental certificates.
1. Rental Certificate Required. All owners of properties defined in this section shall register such property with the City. No person shall rent, lease, operate, or otherwise allow the occupancy of any property defined in this section unless such person holds a valid rental certificate as is required by this code.
2. Issuance; Duration; Validation. If a property defined in this section fails to comply under Section 102.11.8, and if the property and premises are found later to comply with the requirements of this code upon re-inspection, the City shall issue a temporary rental certificate. This rental certificate shall be valid for a period of thirty (30) days from the date of inspection. Upon payment of the appropriate fees, the City shall validate it.
3. Display. Rental certificates shall be displayed by the owner for the tenant to examine before the property may be rented, leased, or otherwise occupied.
4. Transfer. Rental certificates shall not be transferable to succeeding owners. Rental certificates shall automatically terminate and become null and void, without further action of the City, upon transfer of property ownership or upon execution of an agreement to purchase property on contract.
5. Termination. Rental certificates shall automatically terminate and become null and void upon issuance of a nuisance abatement by the City that is related, in any way, to the property to which the rental certificate applies.
102.11.13 Notice on sale of property defined in this section. Every person holding a rental certificate under this code shall give notice, in writing, to the City within ninety-six (96) hours after having sold, transferred, conveyed, or otherwise disposed of the ownership, interest in or control of any property defined in this section. This notice shall include the name and address of the person succeeding to the ownership or control thereof.
102.11.14 Name and address of agent filed. Every owner, agent, or lessee of a property defined in this section shall file with the City a notice containing the name and address of an agent of such property for the purpose of receiving service of all notices required by this code.
102.11.15 Emergency orders. Whenever the City finds that an emergency exists which threatens immediately the public health, safety or welfare, the City may issue an order reciting the existence of such an emergency and requiring that such action be taken which the City deems necessary to meet the emergency. Notwithstanding the other provisions of this code, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
102.11.16 Designation of unfit dwelling and procedures of condemnation. No person shall let to another for occupancy any property defined in this section for the purpose of living, inhabiting, sleeping, cooking, and eating therein which does not comply with the following requirements. Any such property which is found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the City.
1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health, safety or welfare of the occupants or the public.
2. One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health, safety, or welfare of the occupants or of the public.
3. One which, because of its general condition or location is unsanitary or otherwise dangerous to the health, safety, or welfare of the occupants or of the public.
102.11.17 Vacated immediately. Any property defined in this section or any portion thereof condemned as unfit for human habitation and so designated and placarded by the City shall be vacated immediately as ordered by the City. The City Administrator shall be notified of such action prior to placarding the property.
102.11.18 Elimination of defects. No property defined in this section or a portion thereof which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the City. The City shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.
102.11.19 Defaced or removed placard. No person shall deface or remove the placard from any property which has been condemned as unfit for human habitation and placarded as such, except as provided in this code.
102.11.20 Authority to execute. In case any notice or order issued by the City is not complied with, the City may apply to the district court for an order authorizing the City to execute and carry out the provisions of the notice or order to correct any violation specified in the notice or order to abate any nuisance in or about the property.
102.11.21 Action to enjoin. In case any property defined in this section is constructed, altered, converted, or maintained in violation of any provisions of this code, or of any order or notice of the City, or in case a nuisance exists in any such property or upon the lot on which it is situated, the City may cause the institution of any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion, or maintenance, to restrain, correct, or abate such violation, or nuisance, or to prevent the occupation of the property, or to prevent any illegal act, conduct business in or about such property or lot.
102.11.22 Injunction. In any such action or proceeding, the City may, by a statement duly verified setting forth the facts, apply to the district court for an order granting the relief for which the action or proceeding is brought, or for an order enjoining any persons from doing or permitting to be done any work in or upon such property, or from occupying or using the same for any purpose until the entry of final judgment or order.
102.11.24 Notice of actions. In any action brought by the City in relation to a property defined in this section or injunction, vacation of the premises, or abatement of nuisance or to establish a lien thereon, or to recover a civil penalty, service of notice shall be in the manner provided by law for the service of an original notice.
102.11.26 City liability. The City nor any person authorized and acting on behalf of the City shall be liable for damages to a person or property as a result of any act or failure to act in the enforcement of this code. This code shall not be construed to relieve from, or lessen, the responsibility of any person owning, operating, or controlling any equipment or structure regulated herein for damages to a person or property caused by its defects, nor shall the City or any person authorized and acting on behalf of the City be held as assuming any such liability by reason of the inspections authorized by this code or any approvals issued under this code.
102.11.27 Civil liability. The owner of any property defined in this section, or upon the same lot, in violation of this code or where a nuisance, as defined in this Code of Ordinances, exists, who has been guilty of such violation or of creating or knowingly permitting the existence of such violation, or any occupant who violates or assists in violating any provisions of this code, shall also jointly and severally for each such violation and each such nuisance be subject to a civil penalty, in a civil action brought in the name of the City. Such person or persons, and also the premises, shall be liable in such case for all costs, expenses, and disbursements paid or incurred by the City, including attorneys’ fees, paid or incurred by the City, by any of the officers, agents, or employees thereof, in the removal of any such nuisance or violation.
102.11.29 Additional liability. Any person who, having been served with a notice or order to remove any such nuisance or violation, fails to proceed in good faith to comply with the notice or order within five (5) days after such service or who continues to violate any provisions or requirements of this Code of Ordinances, shall also be subject to a civil penalty. For the recovery of such penalties, costs, expenses, or disbursements, an action may be brought in a court of competent civil jurisdiction.
102.11.30 Rental Housing Code Appeals.
102.11.30.1 Reconsideration. Any person aggrieved by a notice or order of the City in connection with any alleged violation of this Rental Housing Code, of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the City Administrator for an administrative conference for reconsideration of such notice or order if such application is made within fourteen (14) days after the date the notice or order was served. If the City Administrator holds an administrative conference for reconsideration of the notice or order, the City shall prepare a written summary of the conference including a written statement of the decision reached. Such summary and statement shall become part of the public record.
102.11.30.2 Appeal. Any person aggrieved by a decision of the City issued under Subsection 102.11.30.1 of this subsection may apply to the City Council for a reconsideration of such decision provided such application is made within twenty-one (21) days after the date the decision was served.
102.11.30.3 Hearing; Decision. Upon receipt of an appeal, the City Administrator shall cause the issue to be brought to the City Council for a hearing at the immediately following regularly scheduled City Council meeting, and shall advise the applicant in writing of such time and place at least seven (7) days prior to the date of the hearing. At the hearing, the applicant shall be given an opportunity to be heard and to show cause why such decision of the City should be modified, extended, withdrawn, or a variance granted. The City Council, may sustain, modify, or withdraw the decision of the City. In granting an extension or variance of any decision, the City Council shall observe the following conditions, in Subsections 102.11.30.4 and 102.11.30.5:
102.11.30.4 Extension granted. The City Council may grant an extension of time for the compliance with any order, notice, or decision, for not more than six (6) months, subject to appropriate conditions and provided that the City Council makes specific findings of fact based on evidence relating to the following:
1. There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice, order, or decision; and
2. Such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.
102.11.30.5 Variance. The City Council may grant a variance in a specific case and from a specific provision of this Rental Housing Code subject to appropriate conditions and provided the City Council makes specific findings of fact based on evidence related to the following:
1. The property in question cannot yield a reasonable return or be used for a conforming purpose if used only for a purpose allowed in that zone or as allowed by the Rental Housing Code; and
2. The plight of the property owner is due to unique circumstances of the specific property owner and not to the general conditions of other properties in the City; and
3. The use to be authorized by the variance will not alter the essential character of the locality or the general purposes underlying the Rental Housing Code in securing the public health, safety, and general welfare; and
4. The hardship must be substantial, serious, real, and of compelling force, as distinguished from reasons of convenience, profit or caprice; and
5. The application of a particular Rental Housing Code provision to a particular property greatly decreases or practically destroys its value for any permitted use, or where such application bears so little relationship to the purposes of health, safety, and welfare of the public that, as to the property in question, the provision is in effect confiscatory, arbitrary, or capricious, or constitutes an unnecessary, unwarranted, or unjust invasion of, or interference with, a fundamental right or property; and
6. The unnecessary hardship of practical difficulties along with their arbitrary effect cannot be remedied by the grant of an extension.
Such grant of variance shall not go into effect until twenty-one (21) days after the date the variance is granted.
(Ch. 156 - Ord. 21-02 - Feb. 21 Supp.)