HomeMy WebLinkAbout12/09/2013ORDINANCE COMMITTEE
December 9, 2013
4:45 p.m.
Council Chambers
Roll Call: Members: Chairperson Mayor Pro Tem
All Council Members
Approval of Agenda, as proposed.
NEW BUSINESS
1. Ordinance Change - International Property Maintenance Code
- Submitted by Craig Clark, Building Official/Maintenance
Administrator
2. Ordinance repealing Chapter 7, Housing, of Title 9, Building
Regulations, and enacting in lieu thereof a new Chapter 7,
Rental Housing, of title 9, Building Regulations - Submitted by
Craig Clark, Building Official/Maintenance Administrator
ADJOURNMENT
CITY OF WATERLOO
Ordinance Committee and Council Communication
City Council Meeting: December 9, 2013
Prepared: December 4, 2013
Dept. Head Signature: Di
# of Attachments: 1
SUBJECT: Amendment to Chapter 9 of Property Maintenance Code
Submitted by: Craig Clark Building Official
Recommended City Council Action: Recommendation of approval
Background Information: This is an amendment to the property maintenance code to be
enforced by the new Chapter 7 Rental Inspection program.
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF
THE CITY OF WATERLOO, IOWA, BY AMENDING PARAGRAPH A OF
SECTION 2 OF ARTICLE B, INTERNATIONAL PROPERTY
MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9,
BUILDING REGULATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Paragraph A of Section 2 of Article B, International Property Maintenance
Code, of Chapter 1, Building Code, of Title 9, Building Regulations, is hereby amended
to add the following sub -paragraphs under Paragraph A as follows:
Section 102.2 is amended to add Exception 1 as follows:
Exception 1. Owner or Owner's Agent shall by written agreement allow the
occupant to perform the duties specified herein. All refrigerators, stoves and
ranges shall be maintained in safe working condition.
Section 103.5 deleted and a new Section 103.5 is enacted in its place as follows:
103.5 Fees. The City Council may by resolution prescribe fees for activities and
services performed by personnel of the City or the Building Official's designee.
Fees shall be paid prior to the issuance of the Certificate of Compliance.
Section 104.2. is amended to add a new Section104.2.2 as follows:
104.2.2 Regular Rental Inspection. Rental property, rental units and the common
areas thereof shall be inspected in accordance with a program of regular rental
inspections every 5 years, or as deemed necessary by the code official.
A new Section 113 is hereby enacted as follows:
113. Certification.
•
Ordinance No.
Page 2
a. Certificate of Compliance. A certificate of compliance shall mean a
document which shows that the unit or units for which it is issued was
in compliance with the applicable provisions of this code at the time of
the last inspection. The certificate shall be automatically transferred
from one owner or operator to another. Rental unit registrations do not
transfer from one owner or operator to another. A certificate of
compliance shall state the date of last inspection, the address of the
structure to which it is applicable and the type or classification of the
dwelling.
b. Disclaimer. A certificate of compliance does not signify or imply that
the premises for which it is issued is in compliance with the Fire,
Building or Zoning Codes of the City of Waterloo.
A new Section 403.6 is hereby enacted as follows:
403.6 Mold present in a rental unit.
a. When mold is found to be visibly present in small amounts, it can be
cleaned in a safe and sanitary manner.
b. When mold is found in a rental unit and is determined to be a health
risk, the Building Official may order that a clean air report be obtained
from a mold specialist approved by the Building Official.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2"d CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on
the day of , 2013, and approved by the Mayor on the day
of , 2013.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares, CMC
Ordinance No.
Page 3
City Clerk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that
the preceding is a true and complete copy of Ordinance No. as passed and
adopted by the Council of the City of Waterloo, Iowa, on the day of
, 2013.
Witness my hand and seal of office this day of , 2013.
SEAL Suzy Schares, CMC
City Clerk
CITY OF WATERLOO
Ordinance Committee and Council Communication
City Council Meeting: December 9, 2013
Prepared: December 3, 2013
Dept. Head Signature: 7 Ci
# of Attachments:
SUBJECT:
Submitted by:
Chapter 7 Rental Inspection Program Ordinance
Craig Clark — Building Official/Maintenance Administrator
Recommended City Council Action: Approve new ordinance - Chapter 7 Rental Inspection
Program
Background Information: This ordinance will help improve rental property in the City of
Waterloo and align us with other jurisdictions in Iowa. Our previous ordinance is outdated and
had not been changed since 1981. The new ordinance will help us track rental properties and
perform inspections in a more professional manner.
Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703.
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF
TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A
NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING
REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of
Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new
Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances
of the City of Waterloo is hereby enacted in lieu thereof as follows:
Chapter 7
Rental Housing
9-7-1: TITLE!
This chapter shall be known as the Waterloo Rental Housing Code and will be cited as
the housing code.
9-7-2: PURPOSE:
The purpose of this code is to provide minimum standards to safeguard life, limb,
health, property and public welfare by regulating and controlling the use, occupancy,
location and maintenance of all residential buildings and structures for rental within this
jurisdiction, and to establish a program of regular rental inspections.
P� 2 FZ g-►3
C..C.
Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703.
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF
TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A
NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING
REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of
Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new
Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances
of the City of Waterloo is hereby enacted in lieu thereof as follows:
Chapter 7
Rental Housing
9-7-1: TITLE:
This chapter shall be known as the Waterloo Rental Housing Code and will be cited as
the housing code.
9-7-2: PURPOSE:
The purpose of this code is to provide minimum standards to safeguard life, limb,
health, property and public welfare by regulating and controlling the use, occupancy,
location and maintenance of all residential buildings and structures for rental within this
jurisdiction, and to establish a program of regular rental inspections.
Ordinance No.
Page 2
9-7-3: ❑EFINLTIONS:
When used in this chapter, the following terms and words shall have the following
meanings, unless the context clearly- indicates that a different meaning is intended.
DWELLING: Any building, structure, or portion thereof which is occupied as, or designed
or intended for occupancy as, a place for human residence, including sleeping quarters
and bathroom or kitchen facilities.
LANDLORD: The owner of a rental unit. Landlord is also referred to in this chapter as
owner, operator, licensee and applicant.
LICENSING OFFICER: The Waterloo City Clerk and his or her designee.
RENTAL UNIT: Any dwelling, duplex, multiple dwelling, condominium, dwelling unit,
rooming unit, or sleeping unit which is not eligible for the Iowa homestead credit for
property tax purposes, or single -dwelling portions of a duplex or multiple dwelling that
are not occupied by the owner of the property, and which requires a payment in money
or services to be made to the owner for the possession or use thereof.
RESPONSIBLE LOCAL AGENT: A designated agent of a landlord who is responsible
for fulfilling the landlord's duties with regard to landlord's rental units. Also referred to
herein as an agent.
9-7-4: LANDLORD LICENSE REQUIREMENT:
A. No person shall lease, rent, or otherwise allow a rental unit to be occupied
without a current landlord license obtained from the City Clerk under the
provisions of this chapter.
B. In order to be granted a landlord license an applicant must register all rental
units(s) for which the applicant is the owner or responsible local agent by
completing andfiling a rental permit registration form with the City Clerk, as
provided in this chapter, and paying all fees required by this Code.
C. The requirements to receive a landlord license include the following:
1. All requirements of Section 9-7-7 pertaining to inspections have been met;
2. All fees for the registration of the rental unit(s) and license have been paid
in full;
3. All judgments of any nature in the City's favor and against the applicant
have been paid in full;
Ordinance No.
Page 3
4. The applicant has provided the licensing officerthe`name(s), address and
telephone number(s) of the individual(s) responsible for the maintenance
and management of the registered premises;
5. All requirements of Section 9-1 B are met on all rental properties owned by
the landlord.
D. Issuance of License. If the licensing officer concludes as a result of the
information contained in the application that the requirements for a landlord
license have been met, then the licensing officer shall issue the landlord license,
otherwise the licensing officer shall issue a notice of denial.
E. License Term. A landlord license shall be valid for no more than one (1) year.
All licenses shall expire on June 30 of each year. The landlord or responsible
local agent shall re -apply for a license no later than March 1.
E. A landlord license fee and renewal fees shall be established by resolution of the
city council.
9-7-5: RENTAL REGISTRATION PERMIT:
A. No person shall lease, rent, or otherwise allow a rental unit within the City to be
occupied without first obtaining or renewing a rental registration permit from the
City and designating a responsible local agent. All rental units must be
registered annually as required by this chapter.
1. Registration Forms. Application for registration shall be made upon
current forms furnished by the City and shall require all of the following
information.
a. The name of the apartment house or complex, if any;
b. The street address and block and lot number of the rental unit(s);
c. The year originally built or replaced;
d. The number and types of rental units within the rental property;
e. The number of bedrooms and bathrooms in each unit;
f. The maximum number of tenants permitted for each rental unit in
accordance with the adopted International Property Maintenance
Code or other applicable codes;
g. The name, address, telephone number and, where applicable, an
e-mail address, mobile telephone number, and facsimile number,
of the person or agent authorized to collect rent from the tenants;
h. A copy of a current valid inspection certificate for the property shall
be provided with the application, but shall not be necessary in the
event of a first-time application.
i. Multi -unit housing -All rental units contained within a multi -unit
dwelling or building may be registered on one registration form by
Ordinance No.
Page 4
fisting individual addresses if all other required information is the
same.
j. Provide verification of legal zoning status from Waterloo Planning
and Zoning Department.
k. Represent that the landlord has insurance in effect that insures
each rental unit, and the larger building of which it may be a part,
against damage to the premises, with coverage in an amount
sufficient to repair damages and render the premises habitable
within ninety (90) days. Landlord shall promptly provide proof of
such insurance to the city clerk upon request.
2. Payment of Fees. The landlord shall have all outstanding fees, charges,
and assessments owed to the City of Waterloo paid in full before issuance
of any rental registration permit, except for such fees, charges or
assessments which may be the subject of an active appeal.
B. Accurate and Complete Information. All information provided on the registration
form must be accurate and complete. No person shall provide inaccurate
information for the registration of a rental unit. Failure to provide the information
required for such registration shall be grounds for denial or non -renewal. The
landlord or the designated responsible local agent shall sign the registration
form, certifying to the accuracy and completeness of the information provided.
When the owner is not a natural person, the owner information shall be that of
the president, general manager or other chief executive of the organization.
When more than one person has an ownership interest, the required information
shall be provided on the registration form for each owner with a twenty-five
percent (25%) or greater interest.
C. Change in Registration Information or Transfer of Property.
1. Whenever there is a change in the information required for a permit, the
landlord or responsible local agent must be re -registered within thirty (30)
calendar days after any change occurs and either the permit shall be
amended or a new permit shall be issued.
2. If the rental unit is sold, assigned, or otherwise transferred, the rental unit
must be re -registered within thirty (30) days.
3. The landlord shall notify the City Clerk's office of any change in the
designation of the responsible local agent including a change in name,
address, e-mail address, telephone number, mobile telephone number or
facsimile number of the designated registered local agent within thirty (30)
days of the change.
4. The landlord or responsible local agent shall notify the building official of a
change in the functional design characteristics of the rental unit or the
maximum number of tenants permitted for each rental unit as regulated by
Ordinance No_
Page 5
adopted building and life safety codes. Any such change shall require
appropriate inspections and issuance of a new certificate of compliance.
D. Registration Term and Renewals.
1. A rental registration permit shall be valid for no more than one (1) year.
All permits shall expire on January 1tJune 30 of each year, or upon
suspension or revocation of the landlord license of the property owner.
The landlord or responsible local agent shall re -register each rental unit
with the City no later than the first businesc day in FebruaryMarch 1.
2. Failure to register rental units by the deadline shall result in the
assessment of a double registration fee.
3. Annual renewal of rental unit registrations may be expedited by submitting
a City -provided affidavit form that affirms there are no changes to the
previous year's registration information. The landlord or responsible local
agent must review this information prior to submitting the renewal affidavit.
4. Responsible Local Agent. The responsible local agent shall be
responsible for all of the following:
a. Operating the registered rental unit in compliance with all applicable
City ordinances;
b. Providing escorted access to the rental unit for the purpose of making
any and all inspections necessary to ensure compliance with
applicable city ordinances;
c. Maintaining a list of the names and number of occupants of each
rental unit for which he or she is responsible and providing Crime Free
Lease Addendum documentation upon request per incident;
d. Accepting all legal notices or services of process under this chapter
with respect to the rental unit.
9-7-6: DENIAL, SUSPENSION, REVOCATION OR NON -RENEWAL:
A. The licensing officer or building official may revoke, suspend, deny or decline to
renew any landlord license issued under 9-7-4 or any rental registration permit
issued under 9-7-5 for any of the following grounds.
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).
Ordinance No.
Page 6
6. Allowing rental units to be occupied after the tenant has violated the
Crime Free Lease Addendum required by 9-7-8 and failing to take
reasonable and effective remedial action when such violative conduct
occurs.
7. Failure to implement the Crime Free Lease Addendum required by 9-7-8
on all new and renewal lease agreements.
8. Failure to provide proof of the insurance referred to in 9-7-5(A) upon
request of the city clerk.
9. 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.
B. Limited Defense to Adverse Action. It shall be a defense to enforcement action
based on tenant violation of a Crime Free Lease Addendum if the landlord or its
responsible local agent has undertaken each of the following actions.
1. Reported the violation to city police.
2. Evicted or attempted to evict the tenant by lawful means.
3. In the instance of a first offense, undertaken with diligence reasonable
means to avoid a recurrence of violations on the premises by present or
future tenants or occupants.
C. 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.
D. Effect of Decision. Upon decision to deny, suspend, revoke or not renew a
license or permit, no new application for a landlord license or a rental registration
permit from the applicant or licensee for the same rental unit or multi -unit
building will 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 license or permit, but approval is not automatic depending on the specific facts
of the case. Further action adverse to the landlord is appealable under this
chapter. No rent may be collected for any unit not covered by a valid, current
permit. Until such license or permit is issued, reissued or reinstated, no new
rental contracts may be entered into 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.
E. Appeals. No landlord license or rental registration permit may be finally denied,
suspended, revoked or not renewed without notice and an opportunity for the
applicant or holder of the license or permit to be heard. The applicant or holder
of the license or permit may appeal the decision to the Housing Appeals Board
as provided in 9-7-11.
Ordinance No.
Page 7
F. Order of precedence to deny, suspend, revoke or not renew a landlord license or
rental registration permit.
1. First course of action — Rental unit registration(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).
9-7-7: INSPECTIONS REQUIRED:
A. Rental Properties: Regular inspection on all residential rental property, including
mobile homes, shall be made once every three (5) 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 will govern to the extent not
superseded by more stringent requirements of said codes and this chapter.
Inspections of all properties will 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. This section
shall not be operable until such unit has come under the provisions of this
section.
2. After passing inspection, a rental unit governed by this chapter shall be
issued a certificate of inspection.
3. The landlord, or its responsible local agent if any, and occupants of rental
units inspected under this chapter shall be furnished with a list of any
Ordinance No.
Page_8
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.
D. Inspection Fees: All inspection and reinspection 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 reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be
charged for each reinspection.
2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections
where an appointment is not kept and the owner, local responsible agent or
occupant did not make an attempt within three (3) days after the appointment
to reschedule the inspection.
9-7-8: CRIME FREE LEASE ADDENDUM:
A. All rental agreements commencing or renewed after the effective date of this
ordinance, whether written or oral, concerning rental units that are subject of this
chapter shall include a Crime Free Lease Addendum, in form and substance
acceptable to the city and adopted by resolution of the city council. As a
condition of any landlord license granted hereunder, the licensee shall produce
any rental agreements as may be requested by the city to determine compliance
with this requirement.
B. Failure of the landlord to produce the Crime Free Lease Addendum upon
request by the City shall be a violation of this chapter.
9-7-9: OWNER AND TENANT RESPONSIBILITIES:
A. 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.
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.
9-7-10: HOUSING APPEALS BOARD:
Ordinance No.
Page 9
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 lawyer, a tenant, a landlord and ateeFtw
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.
9-7-11: APPEALS:
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 Tess 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,
Ordinance No:
Page 10
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.
Ordinance No.
Page 11
9-7-12: VIOLATION; PENALTY.
A. Except as set forth in subsection C below, any person who violates the
requirements of this chapter shall be guilty of a municipal infraction, subject to
prosecution and penalty in accordance with 1-3-2 of this code and further actions
to deny, suspend, revoke or not renew a landlord license and/or rental
registration permit as prescribed in this chapter.
B. Violation correction procedures as prescribed in Section 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. Crime Free Lease Addendum. The penalty for violation of 9-7-8 shall be as
follows:
1st Offense $100
2nd Offense $200
3rd and Subsequent $500 each
D. 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 clerk 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.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3`d CONSIDERATION:
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on
the day of , 2013, and approved by the Mayor on the day
of , 2013.
Ernest G. Clark, Mayor
ATTEST:
Ordinance No.
Page 12
Suzy Schares, CMC
City Clerk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that
the preceding is a true and complete copy of Ordinance No. as passed and
adopted by the Council of the City of Waterloo, Iowa, on the day of
, 2013.
Witness my hand and seal of office this day of , 2013.
SEAL Suzy Schares, CMC
City Clerk