HomeMy WebLinkAbout2389-02/07/1967HOUSING ORDINANCE REGULATING SUPPLIED FACILITIES,
MAINTENANCE, AND OCCUPANCY OF DWELLINGS AND DWELLING UNITS
AN ORDINANCE establishing minimum standards governing the condition
and maintenance of dwellings; establishing minimum standards governing
supplied utilities and facilities and other physical things and conditions
essential to make dwellings safe, sanitary, and fit for human habitation;
establishing minimum standards governing the condition of dwellings
offered for rent; fixing certain responsibilities and duties of owners
and occupants of dwellings; authorizing the inspection of dwellings, and
the condemnation of dwellings unfit for human habitation; and fixing
penalties for violations.
WHEREAS, in the City of Waterloo, Iowa, there are, or may in the
future be, dwelling structures which are so dilapidated, unsafe, dangerous,
unhygienic, or insanitary as to constitute a menace to the health and
safety of the people of this City of Waterloo, Iowa:
Prepared by the Building Inspection and Review Board
I N D E X
Section No.
Page
PURPOSE
2
DEFINITIONS
1
3
INSPECTION
2
5
ENFORCEMENT
3
5
HEARINGS
3.2
6
BOARD OF APPEALS
3.3(a)
6
EMERGENCIES
2.1(a)-3.5
5-7
ADOPTION OF RULES & REGULATIONS
4
8
MINIMUM STANDARDS
EQUIPMENT & FACILITIES
5
8
LIGHT, VENTILATION, HEATING
6
9
MAINTENANCE
7
10
MINIMUM SPACE, USE, LOCATION
8
11
RESPONSIBILITIES
9
12
ROOMING HOUSES
10
12
PERMITS, REQUIRED
10.1
12
MULTIPLE DWELLINGS
10.9
14
CONDEMNATION
11
14
PENALTIES
12
15
CONFLICT OF ORDINANCES
13
15
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^ BE IT THEREFORE ORDAINED by the City Council of the City of Waterloo, Iowa, as follows:
SECTION 1. DEFINITIONS
'—' The following definitions shall apply in the interpretation and enforcement of this
Ordinance:
1.1 Basement shall mean a story partly underground having at least one-fourth of its
height above the adjoining ground level and having a depth from finished floor level
to bottom of floor joist of not less than 6'8", but to be considered as habitable
space, the finished floor level of the habitable rooms shall not be lower than 48",
average depth, below the adjoining grade and a ceiling height shall not be less than
7' from finished floor to finished ceiling. A basement with less than 50% of its
^ floor area as habitable area shall not be counted as a story.
1.2 Cellar shall mean a story having less than 1/4 of its height above adjoining ground
level and having a depth from finish floor level to bottom of floor joist of not less
than 6'4". A cellar shall not be counted as a story for the purpose of height
measurement.
1.3 Dwelling shall mean any building which is wholly or partly used or intended to be
used for living or sleeping by human occupants: Provided that temporary housing as
hereinafter defined shall not be regarded as a dwelling.
1.4 Dwelling Unit shall mean any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or intended to be
used for living, sleeping, cooking, and eating.
1.5 Extermination shall mean the control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating, trapping;
or by any other recognized and legal pest elimination methods approved by the Health
Officer.
1.6 Family shall mean a group of persons related by blood or marriage within and includ-
ing the degree of first cousins.
1.7 Garbage shall mean the animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
1.8 Habitable Room shall mean a room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms, water
closet compartments, laundries, pantries, foyers, or communicating corridors,
closets, and storage spaces.
^
1.9 Health Board or Board of Health shall consist of the Mayor and all members of the City
Council per State Code 137.1.
1.10 Health Officer shall mean the legally designated health authority of the City of
^ Waterloo, Iowa, or his authorized representative.
1.11 Infestation shall mean the presence, within or around a dwelling, of any insects,
rodents, or other pests.
^
1.12 Multiple Dwelling shall mean any dwelling containing more than two dwelling units.
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1.13 Multiple Dwelling, Class A shall mean dwellings which are occupied more or less
permanently for residence purposes by several families and in which the rooms are
occupied in apartments, suites, or groups. This class includes tenement houses, flats, r
apartment houses, apartment hotels, bachelor apartments, studio apartments, kitchenette
apartments, and all other dwellings similarly occupied whether specifically enumerated
or not.
1.14 Occupant shall mean any Person, over 1 year of age, living, sleeping, cooking, or
eating in, or having actual possession of, a dwelling unit or rooming unit.
1.15 Operator shall mean any person who has charge, care, or control of a building, or part
thereof, in which dwelling units or rooming units are let.
1.16 Ordinary Minimum Winter Conditions shall mean the temperature 150 F. above the lowest
recorded temperature for the previous 10-year period.
1.17 Owner shall mean any person who, alone or jointly or severally with others:
(a) Shall have legal title to any dwelling or dwelling unit, with or without accom-
panying actual possession thereof, who has either the right or duty to maintain and
repair the same; or
(b) Shall have charge, care, or control of any dwelling or dwelling unit, as owner or
agent of the owner, or as executor, executrix, administrator, administratrix, trustee,
or guardian of the estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this ordinance, and of rules
and regulations adopted pursuant thereto, to the same extent as if he were the owner.
1.18 Person shall mean and include any individual, firm, corporation, association, or
partnership.
1.19 Plumbing shall mean and include all of the following supplied facilities and equip-
ment: gas pipes, gas -burning equipment, water pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes -washing machines, catch basins, drains, vents, and any
other similar supplied fixtures, together with all connections to water, sewer, or
gas lines.
1.20 Rooming Unit shall mean any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking or eating
purposes.
1.21 Rooming House shall mean any dwelling, or that part of any dwelling containing one or
more rooming units, in which space is let by the owner or operator to three or more
persons who are not husband or wife, son or daughter, mother or father, or sister
or brother of the owner or operator.
1.22 Rubbish shall mean combustible and noncombustible waste materials, except garbage;
and the term shall include the residue from the burning of wood, coal, coke, and
other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass
crockery, and dust.
1.23 Supplied shall mean paid for, furnished, or provided by or under the control of,
the owner or operator.
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1.24 Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "rooming
house", "rooming unit", "premises", are used in this ordinance, they shall be construed
as though they were followed by the words "or any part thereof".
SECTION 2. INSPECTION OF DWELLINGS, DWELLING
UNITS, ROOMING UNITS AND PREMISES
2.1 The Health Officer is hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units, rooming units, and premises located within
this City of Waterloo, Iowa, in order that he may perform his duty of safeguarding the
health and safety of the occupants of dwellings and of the general public. For the
purpose of making such inspections the Health Officer is hereby authorized to enter,
examine and survey between the hours of 8 A.M. and 5 P.M. all dwellings, dwelling
units, rooming units and premises. The owner or occupant of every dwelling, dwelling
unit, and roomingunit or the person in charge thereof, shall p g give the Health
Officer free access to such dwelling, dwelling unit or rooming unit and its premises
during such time for the purpose of such inspection, examination and survey; provided,
that such inspection, examination or survey shall not have for its purpose the undue
.�. harrassment of said owner or occupants; and that such inspection, examination or survey
shall be made so as to cause the least amount of inconvenience to said owner or occu-
pant consistent with an efficient performance of the duties of the Health Officer;
provided further, *ham in the eyQ.nt._t1 -q_wner refuses to.Allow„the gg,lxh....Officex.,...k�
_ enter into _or. upon his premises for the purpose of such inspection, IZILch refusal shaLL—
not co4aJ.j,.tute a criminal violation and the Health Officer shall be required to ob-
tain a_search warrant as provided below in order to obtain such entry; provided _
further, that the purpose of such inspection, examination or survey shall not be the_
procurement of evidence to be used in any criminal proceeding; and provided further,
that nothing in this section shall be construed to prohibit the entry of the Health
Officer:
(a) at any time when an actual emergency tending to create an immediate danger to
public safety exists, or
--, (b) at any time when such an inspection, examination or survey may be requested by
said owner or occupant.
2.2 In the event of an issuance of an order of the Health Board the Health Officer is
.1 hereby authorized upon the procurement of a duly issued search warrant, to enter,
inspect, examine and survey all dwellings, dwelling units, rooming units and premises
for purpose of determining compliance with the mandates of said order. The owner or
occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge
thereof, upon presentation of said duly issued search warrant, shall give free access
to such dwelling, dwelling unit, or rooming unit and its premises, for the purpose of
such inspection, examination and survey.
SECTION 3. ENFORCEMENT: SERVICE OF NOTICES
AND ORDERS: HEARINGS
3.1 Whenever the Health Officer determines that there are reasonable grounds to believe
that there has been a violation of any provision of this ordinance or of any rule or
regulation adopted pursuant thereto, he shall give notice of such alleged violation
to the person or persons responsible therefor, as hereinafter provided.
(a) Every owner, agent or lessee of a dwelling may file in the Health Department a
notice containing the name and address of an agent of such dwelling, for the purpose
of receiving service of all notices required by this ordinance, and also a descrip-
tion of the property by street number or otherwise as the case may be, in such
manner as will enable the Health Department easily to find the same. The name of
the owner or lessee may be filed as agent for this purpose.
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(b) Every notice or order required by this chapter shall be served at least ten days
before the time for doing the act in relation to which it shall have been issued,
unless otherwise herein provided. The posting of a copy of such notice or order in `
a conspicuous place in the dwelling, together with the mailing of a copy thereof by
certified mail to the owner and lessee of the dwelling affected thereby, and each
person, if any, whose name has been filed with the Health Department in accordance
with provisions of Subsection (a) at his address as filed, shall be sufficient
service thereof.,
(c) In any action brought by the Health Officer in relation to a dwelling for in-
junction, vacation of the premises, or abatement of nuisance, or to establish a
lien thereon, or to recover a civil penalty, service of notices shall be in the
manner provided by law for the service of original notices; provided that if the
address of any agent whose name and address have been filed in accordance with
provisions of Subsection (a) is in the County in which the dwelling is situated,
then such notice may be served upon such agent.
(d) Such notice may; contain an outline of remedial action which, if taken, will
affect compliance with provisions of this ordinance and with rules and regulations
adopted pursuant thereto.
3.2 Any person affected by any notice which has been issued in connection with the en-
forcement of any provision of this ordinance, or of any rule or regulation adopted
pursuant thereto, may request and shall be granted a hearing on the matter before the
Health Officer: Provided that such person shall file in the office of the Health
Officer a written petition requesting such hearing and setting forth a brief statement
of the grounds therefor within ten (10) days after the day the notice was served.
Upon receipt of such petition the Health Officer shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At such hearing the
petitioner shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not later than ten
(10) days after the day on which the petition was filed: Provided that upon appli-
cation of the petitioner the Health Officer may postpone the date of the hearing for
a reasonable time beyond such 10-day period, if in his judgment the petitioner has
submitted a good and sufficient reason for such postponement.
3.3 After such hearing the Health Officer shall sustain, modify, or withdraw the notice,
depending upon his finding as to whether the provisions of this ordinance and the
rules and regulations adopted pursuant thereto have been complied with. The Health ....
Officer may also modify any notice so as to authorize a variance from the provisions
of this chapter when, because of special conditions, a literal enforcement of pro-
visions of this chapter will result in practical difficulty or unnecessary hardship;
provided, that the spirit of this ordinance will be observed, public health and
welfare secured, and substantial justice done. If the Health Officer sustains or ..
modifies such notice, it shall be deemed to be in order, and the owner, operator, or
occupant, as the case may require, shall comply with all provisions of such order
within a reasonable period of time, as determined by said officer or file an appeal
with the Board of Housing Appeals within ten (10) days as provided on forms furnished
by the Board of Health. After a hearing in the case of any notice suspending any
permits required by this chapter, when such notice has been sustained by the Health
Officer the permit shall be deemed to have been revoked unless appeal action is filed.
(a) There is hereby created a Board of Housing Appeals which shall consist of five
members who shall be appointed by the City Council which shall designate one of the
five members as chairman. Said members shall receive no compensation from the City.
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.. Each of said five members shall be a qualified elector and freeholder of the City,
and shall neither hold or be a candidate for any other public office or position.
One representative shall be appointed from the finance profession, one representative
shall be appointed from the building and trade industry, one representative shall be
appointed from the legal profession, one representative shall be appointed from the
field of social services, and one representative shall be appointed at large. Members
of the Board shall serve for terms of two years. Vacancies in an unexpired term shall
be filled by the Council by appointment for the remainder of the term.
(b) Three members of the Board shall constitute a quorum and the Board shall act by
majority vote. The chairman shall have the same voting rights as the other four
members.
(c) The Administrator of Inspections, Head of the Fire Prevention Bureau, and the
Health Officer shall be named and appointed by the City Council as ex-officio members
of said Board, but said three members shall not have voting rights.
(d) Said Board shall have the power and shall be required to hear and decide appeals
,.. where it is alleged that there has been an error in any order or decision arrived at
by the Health Officer in the enforcement of this ordinance.
(a) Said Board shall have the power to adopt uniform rules and regulations for the
conducting of its hearings, to issue subpoenas and subpoenas duces tecum to witnesses
^ when reasonably necessary to obtain pertinent evidence, and any member of the Board
shall have authority to administer oaths.
(f) Said Board of Appeals, upon receipt of a petition for hearing on the form furnished
by the Health Officer shall set a time and place for such hearing and shall give the
petitioner written notice thereof. Such hearing shall be commenced not later than
fifteen days after the date on which petition was filed.
3.4 The proceedings at such hearing, including the findings and decision of the Health
-" Officer, shall be summarized, reduced to writing, and entered as a matter of public
record in the office of the Health Officer. Such record shall also include a copy
of every notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Board of Housing Appeals may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of this state.
3.5 Whenever the Health Officer finds that an emergency exists which requires immediate
action to protect the public health, he may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring that such action
^ be taken as he deems necessary to meet the emergency. Notwithstanding the other
provisions of this ordinance, such order shall be effective immediately. Any
person to whom such order is directed shall comply therewith immediately, but upon
petition to the Health Officer shall be afforded a hearing as soon as possible.
,^ After such hearing, depending upon his finding as to whether the provisions of this
ordinance and of the rules and regulations adopted pursuant thereto have been com-
plied with, the Health Officer shall continue such order in effect, or modify it,
or revoke it.
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SECTION 4. ADOPTION OF RULES AND REGULATIONS -
BY THE HEALTH OFFICER
4.1 The Waterloo Board of Health is hereby authorized to make and, after a public hearing
has been held in accordance with the laws governing the conduct of public hearings by
the City Council of this City of Waterloo, Iowa, to adopt such written rules and
regulations as may be necessary for the proper enforcement of the provisions of this
ordinance: Provided that such rules and regulations shall not be in conflict with
the provisions of this ordinance. The Waterloo Board of Health shall file a certified
copy of all rules and regulations which they may adopt with the Clerk of this City of -
Waterloo, Iowa. Such rules and regulations shall have the same force and effect as
the provisions of this ordinance, and the penalty for violations thereof shall be the
same as the penalty for violation of the provisions of this ordinance, as hereinafter
provided.
SECTION 5. MINIMUM STANDARDS FOR BASIC
EQUIPMENT AND FACILITIES
No person shall occupy as owner -occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which r,
does not comply with the following requirements:
5.1 Every dwelling unit shall contain a kitchen sink in good working condition.
5.2 Every dwelling unit (except as otherwise permitted under Subsection 5.4 of this
Section) shall contain a room which affords privacy to a person within said room and
which is equipped with a flush water closet and a lavatory basin in a sanitary working
condition.
(Amended by Ordinance No. 2391 March 21, 1967.) r
5.3 Every dwelling unit (except as otherwise permitted under Subsection 5.4 of this
Section) shall contain, within a room which affords privacy to a person within said
room, a bathtub or shower in good working condition.
5.4 The occupants of not more than two dwelling units may share a single flush water
closet, a single lavatory basin, and a single bathtub or shower if:
(a) Neither of the two dwelling units contains more than two rooms: Provided that,
for the purposes of this Subsection, a kitchenette or an efficiency kitchen with not
more than 60 square feet of floor area shall not be counted as a room; and that
(b) Such water closet, lavatory basin, and bathtub or shower shall be in good working
condition.
5.5 Every kitchen sink, lavatory basin, and bathtub or shower required under the provi-
sions of Subsections 5.1, 5.2, 5.3, and 5.4 of Section 5 of this ordinance shall be
properly connected with both hot and cold water lines.
5.6 Every dwelling unit shall be supplied with adequate rubbish storage facilities, type
and location of which are approved by the Health Officer.
5.7 Every dwelling unit shall have adequate garbage disposal facilities or garbage
storage containers, type and location of which conform to City Ordinance #2158.
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5.8 Every dwelling shall have supplied water -heating facilities which are properly in-
stalled, are maintained in safe and good working condition, are properly connected
with the hot water lines required under the provisions of Subsection 5.5 of
Section 5 of this ordinance, and are capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required kitchen sink,
^ lavatory basin, bathtub or shower at a temperature of not less than 1200 F. Such
supplied water -heating facilities shall be capable of meeting the requirements of
this Subsection when the dwelling or dwelling unit heating facilities required
under the provisions of Subsection 6.5 of Section 6 of this ordinance are not in
... operation.
5.9 Every dwelling unit shall have safe, unobstructed means of egress leading to safe and
open space at ground level, as required by laws of this state and this City of
Waterloo, Iowa.
SECTION 6. MINIMUM STANDARDS FOR LIGHT,
VENTILATION, AND HEATING
No person shall occupy as owner -occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not comply with the
following requirements:
6.1 Every habitable room shall have at Least one window or skylight which can easily be
opened, or such other device as will adequately ventilate the room. The total of
openable window area in every habitable room shall be equal to at least 45 per cent
of the minimum window area size or minimum skylight -type window size which shall
equal at least 15 per cent of the total floor area of such room, except where there
1s supplied some other device affording adequate ventilation.
6.2 Every bathroom and water closet compartment shall comply with the ventilation re-
quirements for habitable rooms.
6.3 Where there is electric service available from power lines which are not more than
300 feet away from a dwelling, every habitable room of such dwelling shall contain at
least two separate floor or wall -type electric convenience outlets, or one such con-
venience outlet and one supplied ceiling -type electric light fixture; and every
water closet compartment, bathroom, laundry room, furnace room, and public hall shall
contain at least one supplied ceiling- or wall -type electric light fixture. Every
such outlet and fixture shall be properly installed, shall be maintained in good and
safe working condition, and shall be connected to the source of electric power in a
^ safe manner.
6.4 Every dwelling shall have heating facilities which are properly installed, are
maintained in safe and good working condition, and are capable of safely and ade-
quately heating all habitable rooms, bathrooms, and water closet compartments in
every dwelling unit located therein to a temperature of at least 700 F., at a
distance three feet above floor level, under ordinary minimum winter conditions.
6.5 Every public hall and stairway in every multiple dwelling containing five or more
"■ dwelling units shall be adequately lighted at all times. Every public hall and
stairway in structures devoted solely to dwelling occupancy and containing not more
than four dwelling units may be supplied with conveniently located light switches,
controlling an adequate lighting system which may be turned on when needed, instead
^ of full-time lighting.
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6.6 During that portion of each year when the Health Officer deems it necessary for pro-
tection against mosquitoes, flies, and other insects, every door opening directly
from a dwelling unit to outdoor space shall have supplied screens and a self -closing
device; and every window or other device with openings to outdoor space, used or
intended to be used for ventilation, shall likewise be supplied with screens:
Provided that such screens shall not be required during such period in rooms deemed
by the Health Officer to be located high enough in the upper stories of buildings
as to be free from such insects, and in rooms located in areas of this City of
Waterloo, Iowa, which are deemed by the Health Officer to have so few such insects
as to render screens unnecessary.
6.7 Every basement or cellar window used or intended to be used for ventilation, and `
every other opening to a basement which might provide an entry for rodents, shall be
supplied with a screen or such other device as will effectively prevent their entrance.
SECTION 7. GENERAL REQUIREMENTS RELATING TO THE SAFE
AND SANITARY MAINTENANCE OF PARTS OF
DWELLINGS AND DWELLING UNITS
No person shall occupy as owner -occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not comply with the `
following requirements:
7.1 Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight,
watertight, and rodentproof; shall be capable of affording privacy; and shall be �.
kept in good repair.
7.2 Every window, exterior door, and basement hatchway shall be reasonably weathertight,
watertight, and rodentproof; and shall be kept in sound working condition and good
r
repair.
7.3 Every inside and outside stair, every porch, and every appurtenance thereto shall be
so constructed as to be safe to use and capable of supporting the load that normal
use may cause to be placed thereon; and shall be kept in sound condition and good
repair.
7.4 Every plumbing fixture and water and waste pipe shall be properly installed and
maintained in good sanitary working cbndition, free from defects, leaks, and _
obstructions.
7.5 Every water closet compartment floor surface and bathroom floor surface shall be
constructed and maintained so as to be reasonably inpervious to water and so as to
permit such floor to be easily kept in a clean and sanitary condition.
7.6 Every supplied facility, piece of equipment, or utility which is required under this
ordinance shall be so constructed or installed that it will function safely and
effectively, and shall be maintained in satisfactory working condition.
7.7 No owner, operator, or occupant shall cause any service, facility, equipment, or
utility which is required under this ordinance to be removed from or shut off from
or discontinued for any occupied dwelling let or occupied by him, except for such
temporary interruption as may be necessary while actual repairs or alterations are s
in process, or during temporary emergencies when discontinuance of service is
approved by the Health Officer.
.w
7.8 No owner shall occupy or let to any other occupant any vacant dwelling unit unless it
is clean, sanitary, and fit for human occupancy.
7.9 Every interior partition, wall, floor, and ceiling shall be kept in a reasonably good
state of repair, and so maintained as to permit them to be kept in a clean and
sanitary condition.
7.10 All exterior wood surfaces shall be reasonably protected from the elements and against
decay by paint or other approved protective coating applied in a workman like manner.
SECTION 8. MINIMUM SPACE, USE, AND LOCATION
REQUIREMENTS
No person shall occupy or let to another for occupancy any dwelling or dwelling unit,
for the purpose of living therein, which does not comply with the following requirements:
8.1 No dwelling unit shall be occupied by more than one family plus two occupants who are
... not members of the family.
8.2 If any room in a dwelling is overcrowded the Health Officer may order the number of
persons sleeping in said room to be so reduced that there shall not be less than
four hundred cubic feet of air to each adult and two hundred cubic feet of air to
each child under twelve years of age occupying such room.
8.3 No dwelling or dwelling unit containing two or more sleeping rooms shall have such
room arrangements that access to a bathroom or water closet compartment intended for
use by occupants of more than one sleeping room can be had only by going through
another sleeping room; nor shall room arrangements be such that access to a sleeping
room can be had only by going through another sleeping room or a bathroom or water
closet compartment.
8.4 At least one-half of the floor area of every habitable room shall have a ceiling
height of at least 7 feet; and the floor area of that part of any room where the
ceiling height is less than 5 feet shall not be considered as part of the floor
area in computing the total floor area of the room for the purpose of determining
the maximum permissible occupancy thereof.
8.5 No cellar space shall be used as a habitable room or dwelling unit.
8.6 No basement space shall be used as a habitable room or dwelling unit unless:
(a) The floor and walls are impervious to leakage of underground and surface runoff
water and are insulated against dampness;
(b) The total of window area in each room is equal to at least the minimum window
area sizes as required in Subsection 6.1 of Section 6 of this ordinance;
(c) Such required minimum window area is located entirely above the grade of the
ground adjoining such window area; and
i
(d) The total of openable window area in each room is equal to at least the minimum
as required under Subsection 6.2 of Section 6 of this ordinance, except where there
is supplied some other device affording adequate ventilation and approved by the
,..� Health Officer.
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SECTION 9. RESPONSIBILITIES OF OWNERS AND OCCUPANTS
9.1
Every owner of a dwelling containing two or more dwelling units shall be responsible
for maintaining in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof.
9.2
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary con-
dition that part of the dwelling, dwelling unit, and premises thereof which he occupies
and controls.
9.3
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a
clean and sanitary manner by placing it in the rubbish containers required by
Subsection 5.6 of Section 5 of this ordinance.
9.4
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and
any other organic waste which might provide food for rodents, in a clean and sanitary
,
manner, by placing it in the garbage disposal facilities or garbage storage containers
.�
required by Subsection 5.7 of Section 5 of this ordinance. It shall be the responsi-
bility of the owner to supply such facilities or containers for all dwelling units in
a dwelling containing more than four dwelling units and for all dwelling units located
on premises where more than four dwelling units share the same premises. In all other
cases it shall be the responsibility of the occupant to furnish such facilities or
containers.
9.5
Every occupant of a dwelling or dwelling unit shall be responsible for hanging all
screens and double or storm doors and windows whenever the same are required under
r
the provisions of this ordinance or of any rule or regulation adopted pursuant
thereto, except where the owner has agreed to supply such service.
9.6
Every occupant of a dwelling containing a single dwelling unit shall be responsible
for the extermination of any insects, rodents, or other pests therein or on the
premises; and every occupant of a dwelling unit in a dwelling containing more than one
dwelling unit shall be responsible for such extermination whenever his dwelling unit
is the only one infested. Notwithstanding the foregoing provisions of this subsection,
whenever infestation is caused by failure of the owner to maintain a dwelling in a
ratproof or reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling units in any
dwelling, or in the shared or public parts of any dwelling containing two or more
'
dwelling units, extermination thereof shall be the responsibility of the owner.
9.7
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean
and sanitary condition and shall be responsible for the exercise of reasonable care
in the proper use and operation thereof.
SECTION 10. ROOMING HOUSES
No person shall operate a rooming house, or shall occupy or let to another for occupancy
any
rooming unit in any rooming house, except in compliance with the provisions of every
section
of this ordinance except the provisions of Section 5 and Section 9.
10.1
No person shall operate a rooming house unless he holds a valid rooming house permit
issued by the Health Officer in the name of the operator and for the specific dwell-
ing or dwelling unit. The operator shall apply to the Health Officer for such
permit, which shall be issued by the Health Officer upon compliance by the operator
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with the applicable provisions of this ordinance and of any rules and regulations
adopted pursuant thereto. This permit shall be displayed in a conspicuous place
within the rooming house, at all times. No such permit shall be transferable. Every
person holding such a permit shall give notice in writing to the Health Officer
.... within 24 hours after having sold, transferred, given away, or otherwise disposed of
ownership of, interest in, or control of any rooming house. Such notice shall in-
clude the name and address of the person succeeding to the ownership or control of
such rooming house. Every rooming house permit shall expire at the end of one year
following its date of issuance, unless sooner suspended or revoked as hereinafter
provided.
10.2 Any person whose application for a permit to operate a rooming house has been denied
may request and shall be granted a hearing on the matter before the Health Officer,
under the procedure provided by Section 3 of this ordinance.
10.3 Whenever upon inspection of any rooming house the Health Officer finds that condi-
tions or practices exist which are in violation of any provision of this ordinance
or of any rule or regulation adopted pursuant thereto, the Health Officer shall give
notice in writing to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined by the Health
Officer, the operator's rooming house permit will be suspended. At the end of such
period the Health Officer shall reinspect such rooming house, and if he finds that
such conditions or practices have not been corrected, he shall give notice in writing
to the operator that the latter's permit has been suspended. Upon receipt of notice
of suspension, such operator shall immediately cease operation of such rooming house,
and no person shall occupy for sleeping or living purposes any rooming unit therein.
.—. 10.4 Any person whose . ep rmit to operate a rooming house has been suspended, or who has
received notice from the Health Officer that his permit is to be suspended unless
existing conditions or practices at his rooming house are corrected, may request and
shall be granted a hearing on the matter before the Health Officer, under the pro-
cedure provided by Section 3 of this ordinance: Provided that if no petition for
such hearing is filed within 10 days following the day on which such permit was
suspended, such permit shall be deemed to have been automatically revoked.
10.5 At least one flush water closet, lavatory basin, and bath tub or shower, in good
working condition, shall be supplied for each eight persons or fraction thereof
residing within a rooming house, including members of the operator's family wherever
they share the use of the said facilities: Provided that in a rooming house where
rooms are let only to males, flush urinals may be substituted for not more than one-
half the required number of water closets. All such facilities shall be so located
within the dwelling as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities. Every lavatory basin and bathtub or shower
shall be supplied with hot water at all times. No such facilities shall be located
in a basement except by written approval of the Health Officer.
1
! 10.6 The operator of every rooming house shall change supplied bed linen and towels
therein at least once each week, and prior to the letting of any room to any
occupant. The operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
1
10.7 Every rooming unit shall have safe, unobstructed means of egress leading to safe and
open space at ground level, as required by the laws of this State and this City of
Waterloo, Iowa.
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10.8 The operator of every rooming house shall be responsible for the sanitary maintenance -
of all walls, floors, and ceilings, and for maintenance of a sanitary condition in
every other part of the rooming house; and he shall be further responsible for the
sanitary maintenance of the entire premises where the entire structure or building is
leased or occupied by the operator.
10.9 Every provision of this ordinance which applies to rooming houses shall also apply to
Class A Multiple Dwellings, except to the extent that any such provision may be
found in conflict with the laws of this State or with the lawful regulations of any
State Board or Agency.
SECTION 11. DESIGNATION OF UNFIT DWELLINGS
AND LEGAL PROCEDURE OF CONDEMNATION
The designation of dwellings or dwelling units as unfit for human habitation and the
procedure for the condemnation and placarding of such unfit dwellings or dwelling units
shall be carried out in compliance with the following requirements:
11.1 Any dwelling or dwelling unit which shall be 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 Health Officer:
11.1.1 One which is so damaged, decayed, dilapidated, insanitary, unsafe, or
vermin -infested that it creates a serious hazard to the health or safety
of the occupants or of the public.
11.1.2 One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the public.
11.1.3 One which because of its general condition or location is insanitary, or
otherwise dangerous, to the health or safety of the occupants or of the
public.
11.2 Any dwelling or dwelling unit condemned as unfit for human habitation, and so
designated and placarded by the Health Officer, shall be vacated within a reasonable
time as ordered by the Health Officer. -
11.3 No dwelling or dwelling unit which has been condemned and placarded as unfit for
human habitation shall again be used for human habitation until such placard is re- �...
moved by the Health Officer. The Health Officer shall remove such placard whenever
the defect or defects upon which the condemnation and placarding action were based
have been eliminated.
11.4 No person shall deface or remove the placard from any dwelling or dwelling unit
which has been condemned as unfit for human habitation and placarded as such, except
as provided in Subsection 11.3.
11.5 Any person affected by any notice or order relating to the condemning and placarding
of a dwelling or dwelling unit as unfit for human habitation may request and shall
be granted a hearing on the matter before the Health Officer, under the procedure
set forth in Section 3 of this ordinance.
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SECTION 12. PENALTIES
12.1 Any person who shall violate any provision of this ordinance, or any provision of
any rule or regulation adopted by the Health Officer pursuant to authority granted
by this ordinance, shall upon conviction be punished by a fine of not less than
Ten Dollars ($10.00) or more than One Hundred Dollars ($100.00), or by imprisonment
for not more than thirty (30) days; and each day's failure to comply with any such
provision shall constitute a separate violation.
SECTION 13. CONFLICT OF ORDINANCES: EFFECT
OF PARTIAL INVALIDITY
_ 13.1 In any case where a provision of this ordinance is found to be in conflict with a
provision of any other ordinance or code of this City of Waterloo, Iowa existing on
the effective date of this ordinance which establishes a lower standard for the pro-
motion and protection of the health and safety of the people, the provisions of this
ordinance shall be deemed to prevail, and such other ordinances or codes are hereby
declared to be repealed to the extent that they may be found in conflict with this
ordinance.
13.2 If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance
should be declared invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this ordinance, which shall remain in full force and
effect; and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 14. EFFECTIVE DATE
14.1 This ordinance shall become effective on and after the first working day after its
publication as required by the laws of this City and State.
Passed and Adopted February 7, 1967
Published in the Waterloo Daily Courier March 7, 1967
Effective Date March 8, 1967
LLOYD L. TURNER
MAYOR
Attest:
JAMES R. WILSON
CITY CLERK