HomeMy WebLinkAbout2643-08.27.1973 •
` ``
ORDINANCE NO. Tz 6 , 343
AN ORDINANCE REPEALING, AMENDING AND ADDING TO
CHAPTER 19, ENTITLED "HOUSING" OF THE CODE OF
ORDINANCES, CITY OF WATERLOO, IOWA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, THAT:
Chapter 19, Section 1. Definitions, is hereby amended by adding thereto
the following new paragraphs:
Temporary housing shall mean any tent, trailer, mobile home, or any other
structure used for human shelter which is designed to be transportable and which
is not attached to the ground, to another structure, or to any utility system on
the same premises for more than thirty (30) consecutive days.
Health Board or Board of Health shall consist of the Mayor and all members
of the City Council.
Chapter 19, Section 1. Definitions, Rooming House, is hereby repealed and
the following is enacted in lieu thereof:
Rooming house or rooming and boarding house shall mean any dwelling, or that
part of any dwelling containing one (1) or more rooming units, in which space is
let by the owner or operator to three (3) or more persons who are not husband or
wife, son or daughter, mother or father, or sister or brother, of the owner or
operator, but shall not include any type of institution or otherwise which has
tenants for the primary purpose of health or custodial care.
Chapter 19, Section 15, is hereby amended by repealing sub-section (a) and
enacting in lieu thereof, the following:
Section 19-15 (a) . 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 the City, 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 8:00 A.M. and
5:00 P.M. , Monday through Friday, inclusive, all dwellings, dwelling units and
rooming units on the premises.
Chapter 19, Section 15, is hereby amended by adding the following:
Section 19-15 (f) . The health officer shall cause an inspection to be made
of every multiple dwelling at least once a year. Such inspection shall include
thorough examination of all parts of all multiple dwellings and the premises
connected therewith. The health officer shall also make similar inspections of
all dwellings within the city as frequently as may be necessary; and shall make
inspection at any time on complaint of the owner, tenant or other person concerned.
The health officer may charge a fee of not more than $7.50 for each such requested
inspection.
Section 19-15 (g) . The health officer shall, within twenty (20) days of
receipt of a written application therefor, issue a certificate that a dwelling or
dwelling unit conforms to the requirements of this Ordinance; provided, such dwell-
ing or dwelling unit, at the date of the application shall be entitled thereto.
Any such certificate may be revoked by the health officer, pursuant to Division II
of this Article, in the event that he shall determine that said dwelling is in
violation of this Ordinance. All such certificates shall expire by limitation upon
the sale, exchange, gift or transfer of the premises for which said certificate
has been issued, and the person holding such certificate, shall notify the health
officer of any such transfer within forty-eight (48) hours of same.
Chapter 19, Sections are hereby added as follows:
Section 19-19. Action to Enjoin. In case any dwelling, building, or
structure is constructed, altered, converted, or maintained in violation of any
provision of this Ordinance, or of any order or notice of the health officer or
in case a nuisance exists in any such dwelling, building, or structure or upon
the lot on which it is situated, the health officer may institute any appropriate
•
-2-
action or proceeding to prevent such unlawful construction, alteration, conver-
sion or maintenance, to restrain, correct or abate such violation or nuisance,
to prevent the occupation of said building, dwelling or structure or to prevent
any illegal act or conduct, or business in or about such dwelling or lot.
Section 19-20. Injunctions. In any such action or proceeding, the health
officer may by petition, duly verified, setting forth the facts, apply to the
court for an order granting the relief for which said action or proceeding is
brought, or for an order enjoining all persons from occupying or using said
building, dwelling or structure until the entry of a Final Judgment or Order.
Section 19-21. Plans, Plats and Specifications Required.
(a) Before construction or alteration of a dwelling or the alteration or
conversion of a building for use as a dwelling has commenced and before the
construction or alteration of any building or structure on the same lot with a
dwelling, the owner or his agent or architect shall submit to the Board of Health,
a detailed statement in writing, certified by the Affidavit of the person making
the same, of the specifications for such dwelling or building including full and
complete copies of the plans of such work. With such statement there shall be
submitted a plat of the lot showing the dimensions of the same, the location of
the proposed building and all other buildings on the lot.
(b) Detailed requirements. Said statement shall give in full, the name and
residence by street and number of the owner or owners of such dwelling or building
and the purposes for which such dwelling or building will be used. If such con-
struction, alteration or conversion is proposed to be made by any other person other
than the owner of the land in fee, such statement shall contain the full name and
residence by street and number, not only of the owner of the land but of every
person interested in such dwelling either as owner, lessee, or in any representa-
tive capacity. The statement shall be accompanied by an Affidavit which shall
allege that the said specifications and plans are true and contain a correct
description of such dwelling, building, structure, lot and proposed work.
(c) Person to submit statements: The statements and Affidavits herein pro-
vided for may be made by the owner, his agent or architect, or by the person who
proposes to make the construction, alteration or conversion.
(d) Filing of statements: Such specifications, plans and statements shall
be filed in the Health Department and shall be deemed public records, but no such
specification plans or statements shall be removed from the Health Department.
Section 19-22. Approval of Plans.
(a) The health officer shall cause all such plans and specifications to be
examined. If such plans and specifications conform to the provisions of this
Ordinance Chapter, they shall within five (5) days be approved by the health officer
or his duly authorized assistant or representative, and a written certificate to
that effect shall be issued by him to the person submitting the same. The health
officer shall from time to time approve changes in any plans and specifications
previously approved by him, provided the plans and specifications, when so changed,
shall be in conformity with the law.
(b) Certificate of the Health Officer. No permit shall be granted and no
plan approved by the Department of Buildings for the construction or alteration of
a dwelling or for the alteration or conversion of any building for use as a dwell-
ing unit until there has been filed in the office of the Department of Buildings,
a Certificate of the Health Officer issued as above provided to the effect that
such dwelling conforms to the provisions of this Ordinance.
c) Construction: The construction, alteration or conversion of such dwell-
ing, building or structure or any part thereof, shall not be commenced until the
filing of such specification plans and statements as provided in Section 19-21
above; all such construction, alteration or conversion shall be in accordance with
the approved specifications and plans.
(d) Cancellation or Revocation of Permit: The health officer or his duly
authorized representative shall have the power to revoke or cancel any permit or
-3-
approval in the case of any failure or neglect to comply with any of the pro-
visions of this Ordinance. Any certificate or approval which may have been
issued by the Health Office, but under which no work has been done above the
foundation walls within one (1) year from the time of the issuance of such
certificate or approval, shall expire by limitation.
Section 19-23. New or Altered Buildings.
(a) No part of a building hereafter constructed as or altered into a
dwelling shall be occupied in whole or in part for human habitation until the
issuance of a certificate by the health officer that such part of said dwelling
conforms to the requirements of this Ordinance. Such certificate shall be
issued within ten (10) days after written application therefor, if said dwelling,
at the date of such application, shall be entitled thereto.
(b) Rents uncollectable. If any building hereinafter constructed as, or
altered to, a dwelling, be occupied in whole or in part for human habitation in
violation of sub-paragraph (a) , above, then during such unlawful occupation, no
rent shall be recoverable by the owner or lessee of such premises for said
period and no action or special proceeding shall be maintained therefor or for
possession of said premises for nonpayment of said rent, and said premises shall
be deemed unfit for human habitation and the health officer may cause them to be
vacated.
Section 19-31. Violations. Every person who shall violate or assist in
the violation of any provision of this Ordinance shall be guilty of a misdemeanor,
punishable by a fine of not less than $10.00 or more than $100.00, and in default
of payment thereof, by imprisonment in the City jail for not more than thirty (30)
days.
Chapter 19, Section 37, is hereby repealed and the following is enacted in
lieu thereof:
Section 19-37. Qualifications and Terms of Members; Filling Vacancies.
Each of the five (5) members of the board of housing appeals shall be a qualified
elector and freeholder in the city, and shall neither hold or be a candidate for
any other public office or position. One (1) member shall be appointed from the
finance profession; one (1) member shall be appointed from the building and trade
industry; one (1) member shall be appointed from the medical profession who must
be an M.D.; one (1) member shall be appointed from the field of social services;
and one (1) member shall be appointed at large. Members of the board shall serve
for two (2) years. Vacancies in an unexpired term shall be filled by the Council
by appointment for the remainder of the term.
Chapter 19, Section 39 is hereby repealed.
Chapter 19, Section 53 is hereby repealed and the following is enacted in
lieu thereof:
Section 19-53. Compliance with article required.
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 does not comply with the requirement established in this article.
No person shall let to another for occupancy, any dwelling or dwelling unit
unless the health officer shall have issued a valid certificate that such dwelling
or dwelling unit conforms to the requirements of this ordinance.
Chapter 19, Section 58 is hereby added as follows:
Section 19-58. All fences, out buildings and other appurtenances on a
premises of any dwelling and all eaves troughs, down spouts and other roof
drainage equipment on the dwelling and its out buildings or appurtenances shall
be maintained in a reasonably sound, functional condition and maintained in such
a manner so as not to constitute a fire, health or safety hazard or nuisance of
any type.
-4-
Chapter 19, Section 64 is hereby repealed and the following is enacted in
lieu thereof:
Section 19-64. Electrical convenience outlets; light fixtures.
Where there is electric service available from power lines which are not more
than three hundred (300) feet away from a dwelling, each habitable room of such
dwelling shall contain at least -Iwo (2) separate floor or wall-type electric con-
venience outlets, or one (1) such convenience outlet and one (1) supplied ceiling-
type electric light fixture; and every water closet compartment, bathroom, laundry
room, furnace room, and public hall shall contain at least one (1) supplied
ceiling or wall-type electric light fixture. Each 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. (Ord. No.
2389, 6.3, 2-7-67) .
Each habitable room shall contain at least three (3) separate floor or wall
type electric convenience outlets or two (2) such convenience outlets and one (1)
supplied ceiling fixture. Each dwelling or dwelling unit shall be supplied with
a minimum of sixty (60) amp. electrical power service.
Chapter 19, Section 65 is hereby repealed and the following is enacted in
lieu thereof:
Section 19-65. Heating. Each dwelling shall have heating facilities which
are properly installed; are maintained in safe and good working condition; and are
capable of safely and adequately heating all habitable rooms, bathrooms, and water
closet compartments in each dwelling unit located therein to a temperature of at
least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor
level under ordinary minimum winter conditions. (Ord. No. 2389, 6.4, 2-7-67) .
All windows in a dwelling unit shall be provided with adequate storm windows
for use during ordinary winter conditions.
Chapter 19, Section 74 is hereby repealed and the following enacted in lieu
thereof:
Section 19-74. Cleanliness and sanitation generally. No owner shall occupy
or let to another occupant any vacant dwelling unit unless it shall be clean,
sanitary, free from infestation and meet all provisions of this ordinance as to
minimum requirements so as to be fit for human occupancy.
Chapter 19, Section 75 is hereby repealed and the following enacted in lieu
thereof:
Section 19-75. Kitchen sink. Each dwelling unit shall contain a kitchen sink
in good working condition. The basinboard and/or any adjoining counter or table
top shall be maintained in a safe, sanitary and cleanable condition.
Chapter 19, Section 76 is hereby added as follows:
Section 19-76. The health officer shall inspect and require a test of the
fresh water on each premises in which fresh water is supplied by means of a
pressure system or otherwise from a private or semi-private well or cistern, so
as to insure the safety and sanitation of the system and the water supplied thereby.
All open wells or cisterns, uncovered wells or cisterns and improperly covered or
improperly sealed wells and cisterns are hereby deemed nuisances.
Chapter 19, Section 77 is hereby added as follows:
Section 19-77., Within every dwelling unit, there shall be a non-habitable
room, which affords privacy to a person within said room and which is equipped
with a. flush water closet and lavatory sink, both in good working condition. Said
flush water closet shall be equipped with easily cleanable surface, be connected
to a water system that, at all times, provides an adequate amount of running water
under pressure to cause the water closet to be operated properly, and shall be
properly connected to a sewer system. The lavatory sink shall be equipped with
easily cleanable surface, maintained in good working condition and properly
connected to a water supply system which provides, at all times, an adequate amount
-5-
heated and unheated running water under pressure and which is properly connected
to a sewer system.
Chapter 19, Section 78 is hereby repealed and the following is enacted in
lieu thereof:
Section 19-78. Supplied bathing, toilet and water facilities required for
each unit. Within every dwelling unit, there shall be a room which affords privacy
to a person within said room and which is equipped with a bathtub or shower in good
working condition. Said bathtub or shower may be in the same room as the flush
water closet or in another room and shall be properly connected to a water supply
system which, at all times, provides an adequate amount of heated and unheated
water under pressure, and which is properly connected to a sewer system.
Chapter 19, Section 81 is hereby repealed and the following is enacted in
lieu thereof:
Section 19-81. Maintenance and cleanliness of interior partitions, walls,
floors, and ceilings. Each interior partition, wall, floor, and ceiling shall be
kept in a good state of repair, and so maintained as to permit them to be kept in
a clean and sanitary condition.
Chapter 19, Section 83 is hereby repealed and the following is enacted in
leiu thereof:
Section 19-83. Stairways and porches. Every inside and outside stair, every
porch, and every other 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 a safe, sound, and cleanable condition and in good
repair.
Chapter 19, Section 84 is hereby repealed and the following enacted in lieu
thereof:
Section 19-84. Plumbing fixtures and pipes. Each plumbing fixture and water
and waste pipe shall be properly installed and maintained in good sanitary working
condition, free from defects, leaks, and obstructions. (Ord. No. 2389, 7.4, 2-7-67) .
All sewer system connections must be properly vented so as to prevent any
possibility of sewer gas leakage into the dwelling unit.
Chapter 19, Section 85 is hereby repealed and the following enacted in lieu
thereof:
Section 19-85. Kitchen, water closet and bathroom floors. Every kitchen floor,
water closet compartment floor and bathroom floor surface shall be constructed and
maintained so as to be reasonably impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition.
Chapter 19, Section 100 is hereby added as follows:
Section 19-100. In every dwelling hereafter erected, constructed or altered,
all living rooms and bedrooms shall be of the following minimum sizes: Every such
room shall contain at least eighty (80) square feet of floor area, except
kitchenettes, which may be forty (40) square feet in area. No such room, except
kitchenette, shall be less than seven (7) feet wide in any part of its required
area. In all dwellings and in each apartment, or group or suite of rooms, there shall
be at least one room containing not less than one hundred twenty (120) square feet
of floor area.
Chapter 19, Section 110 is hereby repealed and the following enacted in lieu
thereof:
Section 19-110. Cleanliness of public areas. Each owner of a dwelling con-
taining two (2) or more dwelling units shall be responsible for maintaining in a
clean, safe and sanitary condition the shared or public areas of the dwelling and
premises thereof.
-6-
Chapter 19, Section 111 is hereby repealed and the following is enacted
is lieu thereof:
Section 19-111. Cleanliness of dwellings and dwelling units. Each occupant
of a dwelling or dwelling unit shall keep in a clean, safe and sanitary condition
that part of the dwelling, dwelling unit, and premises thereof which he occupies
and controls.
Chapter 19, Section 147 is hereby amended by adding Subsection (e) as
follows:
Section 19-147, Subsection (e) . The owner, his agent or representative,
shall cause each facility required by this section to be inspected daily, and
shall, at all times, maintain said facilities in a safe, clean, and sanitary
condition.
PASSED AND ADOPTED this V44 day of ( , 1973
Ll d L. Turner, Mayor
ATTEST:
City Cler
'yonoay} ADpuoW
00:8 jo smog ay}
aulwoxa 'u84u0 o} pazIJ,M Iu Aslan�`aq fifilISl
uaolllo 11!oa4 a4p 'suoliaa(ISUI WI
uu\
saa4c{19od l ell It, asedif au1 Jod •olwnd 19Jaua6
puo sbuf110N,p to s}uDdn000 ay}
}o Amos puo Long ay} 6ulpuonBolos 40
A1np sly wuolua �mow a
A}ID a4} uI IM/ 4 ow .Jd o
4) PalDOol saslwaud puo
to puo un 6ulwoou }Iun 6uypamp 'S6ulllamp
aoi�OII aAOCIe ag} jo u0i poilg Alpuoo ar aulwualap 0} suolpoadsul
SIP O nd Ioi Iini IIi a1l0W o} Pa}'ip PuD pazluoy}no A as
II a
jo wins a sl uao!1lD yplDay a41 '(D) S66l uolpgag 4
�i. -mono; ay} 'loaay} nay u :Out
(D) uol}oas-qns buploado4 bur}omua purr
w
jo peniaool/ AgaJa4 sl 'Et uo oa ,61q JadogD
•a00 lo!po}s00 u0 1 os
oll9od Amos: and Auowlud ay} um 4ploa4 10 asod
aslnvagpo JO uol}npipsuluolo oat soy 4o1uo
apnl0ul }ou 1104s }nq 'uopaado Jo uaumo
04} to 'Ja4laq JO Japsls JO 'ua
'Wow Vapy6nop JO UOS a m JD}o} q ua
61 Q '� 00U o4m suosuad auow u0 (Eu oa n4
£L ;s n 6 n, TTO } Joloado JO uaumo ay} Aq pal Si aDDds 1�8 V J 4)I4m Ill 'spun 6u woou auow -JO
I' Stg� eta alo a O IIIOMS auo 6ululDpuoi OUl a
�i�U£ I g prepa)
agllosgns JO 6u a0 II P ALIO to }rod poi}
' !II P Auo uoaw Hogs asnoy 6ul
•Puooq puo bupwoau u0 asnoy buywooa:loauay} nail up paPDUa sI 6u1m011ol ay}
puo paloadau Agaua4 sp 'asnoH buywooa
'sum map .1 uopp og '6I uaxIND
*nouns° AID a
ITT
S Ia LIiI O SJaq as Ito puo uoAOW a4}to }slsuo)
d 6'S L I II•g d H 40 P4008 uo Puoop 41foaH
•sADp anl}noasuoo (OE) A1u1U}
eot}OII Tyres bui uoyp auow.iol saSIWaud Gums a uo Ere}
-qnd •ioj IN }�aIIOo E SI buIMOIiOI q� } } p• gSTI -4As A}o.pn Auo o} uo 'aunp0nuls}ua ouo
a p D} ojgo 6s o} paq 04 }ou s1 4} IM
q pre IadpdSMau pies PuD algD}uodsuoup aq IN pau61sap01�s,
JO a}PI Iebei Iejnbei etp st buisi}Ianpp jo NNEI paxeuue aq ptJ U;o Auo'Jos'4$ OU lygotu a;a lao,n}�nups
pile 'IadedsMau pies jo I } }ua}
..Auo umaw cloys 6uysnoy A�ouodwal
a41 opauay} 6u1PPoAD'od mar 6ulmollol
s1 'su0l lu a q papuawl Agaua l
} 11 0 '1 union '61 Ja do
£L I s(jC 51� 11'� JO Sal-MST aLi} LII a4p }o ioun0:poop'omol'oolJap0Mplo AI1�
I J aUi Aq Paulopio 41 ag
61 i0 1�ep eq} u0 butouai woo a31VAA dO AID 'S30NVN
-amo d0 300D RI-II 740 „ONl
SOOH„O31171N3 'bi 2131dVHD
enpnoasuoo
IO} P 93110 01 ONIOOV ONV ONION3Wy
1t �K`Jl'jC�I AIIIO abpnbua ST bu c7 'ONIlb3d3?1 3DNHNIO?70 NV
i ti .i ti} LET pegstignd SeM eapou Er9L 'ON 30NVNIO210
leg} IpaMs �Iuuiaios op pnao £1b9Z •a1'4 aaueu tp.AQ jo Xdoo pexauue Om.I uno 3 )MPH ?IoeIg 100I.191PM LIT pegstignd pup abenbuei
gsiibu a aq} ut pa}uud IededsMeu Aitep P
nnaniu
a3uno .anvil Oo�xaIvai eq; jo Iagsilgnd 6A;nnoa nMu
,
SS
noJDW 'p 4.Aa,40u 'j