Loading...
HomeMy WebLinkAbout3123-01.05.1981 (RECORDED) ORDINANCE NO. 3 / D 3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 19, HOUSING, IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF NEW CHAPTER 19, HOUSING. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that: Chapter 19, Housing, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that new Chapter 19, Housing, is hereby enacted in lieu thereof as follows: "Chapter 19 HOUSING Sec. 19-1. Title. This Ordinance shall be known as the Housing Code of the City of Waterloo, Iowa, and will be cited as the City Housing Code and may be referred to herein as "this Code". Sec. 19-2. 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 and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction, and to establish a program of regular rental inspections. Sec. 19-3. Application. (a) The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 104 (c) of the Building Code, except such structures as are found to be substandard as defined in this code. (b) Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. (c) . Every rooming house or lodging house shall comply with all the requirements of this code for dwellings, except where specifically excluded. Sec. 19-4. Alteration. Existing buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with Section 104(a) and (b) of the Building Code. Sec. 19-5. Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the Building Code for new buildings and structures. Sec. 19-6. Definitions. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridge, copyright 1961, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Whenever the words "dwelling', "dwelling unit", "rooming house", "rooming unit", or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof". (a) ADEQUATE SPACE shall mean the following room dimensions: (1) Ceiling Heights. Habitable rooms or areas shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in this code. Other rooms or areas may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than 5 feet from the I finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. 8o0K 237 PAGE J 76 Page 2 (2) Floor Area. every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements: (a) The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided by each occupant of such unit in excess of two. (b) The unit shall be provided with a separate closet. (c) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided. (d) ,The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower. (3) Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front of the water closet stool of not less than 24 inches shall be provided. (b) BATH shall mean a bathtub or shower stall connected with both hot and cold water lines. (c) BUILDING CODE shall mean the latest edition of the Uniform Building Code adopted by the City of Waterloo. (d) CENTRAL HEATING SYSTEM shall mean a single system supplying heat to one or more dwelling unit(s) or more than one rooming unit. (e) COOPERATIVE shall mean a dwelling unit which is in compliance or conformance with the requirements of Chapter 499A of the Code of Iowa, 1979, as amended. (f) CONDOMINIUM shall mean a dwelling unit which is in compliance or conformance with the requirements of Chapter 499B of the Code of Iowa, 1979, as amended. (g) DINING ROOM shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. (h) DUPLEX shall mean any habitable structure containing two (2) single dwelling units. The classification shall be determined by the existence of two (2) separate dwelling units, as defined herein, and shall not be based upon the identity of the occupants. (i) FAMILY shall mean one or more occupants of a dwelling unit. (j) HEALTHY LIVING ENVIRONMENT shall mean a temperature of not less than 65° and not more than 100° in normal weather conditions. These temperatures are to be measured 3 feet from the floor. (k) HOT WATER shall mean water at a temperature of not less than 110° F. (1) KITCHEN shall mean a habitable room used or intended to be used for cooking or the preparation of meals. (m) LIVING ROOM shall mean a habitable room within a dwelling unit which is used,or intended to be used, primarily for general living purposes. (n) MULTIPLE DWELLING shall mean any dwelling containing three (3) or more dwelling units. (o) NUISANCE shall mean the following: (1) Any public nuisance known at common law or in equity jurisprudence. (2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. (3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. (4) Overcrowding a room with occupants. (5) Insufficient ventilation or illumination. (6) Inadequate or unsanitary sewage or plumbing facilities. (7) Uncleanliness, as determined by the health officer. (8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. BQOK 237 PAGE J I Page 3 (p) OCCUPANT shall mean any person, one year or older, including owner or operator, living in, sleeping in, and/or cooking in, or having actual possession of a dwelling unit or a rooming unit. (q) OWNER shall mean one or more persons, jointly or severally, in whom is vested (1) all or part of the legal title to property; or (2) all or part of the beneficial ownership and a r::ght to present use and enjoyment of the premises, and the term includes a mortgagee in possession. (r) PERSON shall mean any individual, firm, corporation, association, partnership, trust, or estate. (s) REGULAR INSPECTION shall mean not more than once a year and not less than every five years. (t) 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 (3) or more roomers. Occupants of units specifically designated as dwelling units within a rooming house shall not be included in the roomer count. (u) ROOMING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupant(s) or for communal use and, in addition, may have kitchen and dining facilities available for use by the occupant(s) . (v) SUBSTANDARD shall mean any unit which does not meet any or all of the standards or criteria as set out in this Chapter. (w) TOILET shall mean a water closet, with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with a flushing rim or flushing rims. Sec. 19-7. Enforcement Authority. The Building Official is hereby authorized and directed to enforce all of the provisions of this code. For such purposes, he shall have the powers of a law enforcement officer. Sec. 19-8. House File 2536 included herein. It shall be the intent of this code to comply with all parts of House File 2536 as enacted by the 68th General Assembly of the State of Iowa which by intent becomes a part of this code. Sec. 19-9. Regular rental inspections. Regular inspections on all rental property shall be made. Inspections of all properties will also be made upon receipt of a complaint or request by a tenant or owner. Sec. 19-10. Reserved. Sec. 19-11. Right of Entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. :If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code. BOOK 237 PAGE .78 Page 4 Sec. 19-12. Responsibilities defined. Every owner remains liable for violations of duties imposed upon him by this code. (a) Every owner, or his agent, in addition to being responsible for main- taining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units. (b) Every owner shall, where required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. (c) Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer. (d) Every occupant shall, where required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. Sec. 19-13. Substandard buildings declared nuisances. All buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this code. Sec. 19-14. Violation. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause ,or permit the same to be done in violation of this code. Sec. 19-15. Penalty. Any person violating any of the terms and provisions of this Chapter shall be deemed guilty of an offense, and upon conviction thereof, shall be punished as provided in Section 1-8. Sec. 19-16. Inspections. (a) No person, firm or corporation shall rent, lease or cause to be occupied, by other than an owner-occupant, any dwelling 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. (b) All dwelling units after passing inspection under this code shall be issued a Certificate of Inspection. (c) The owner/agent/occupants of dwelling units inspected under this code shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of the occupant, with a specific time limit for correction of said violations. Sec. 19-17. Fees. All inspection and reinspection fees shall be paid by the owner 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: (a) Whenever an inspection is made for other than a complaint notification, a fee of $25.00 for the inspection of the building and first dwelling unit shall be charged, plus a fee of $10.00 for each subsequent dwelling unit of said building. (b) A fee of $3.00 shall be charged for each unit of a rooming house. (c) A reinspection fee of $10.00 per unit will be charged for the reinspection of any unit not complying with the code on the original inspection. Sec. 19-18. Regular Inspections. Inspections shall be made on a regular basis with notice to go to owner/ occupant at least ten (10) days prior to the inspection being made. boox 237 PAGE 979 Page 5 Sec. 19-19. Space and Occupancy Standards and Acceptability Criteria. Dwellings inspected under this Ordinance shall meet the performance require- ments set forth in this section. In addition, the dwellings and units shall meet the acceptability criteria set forth in this section. (a) Sanitary Facilities. (1) Performance Requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. (b) Food Preparation and Refuse Disposal. (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. This will not apply to rooming units. (2) Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the Owner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (e.g. garbage cans) (c) Space and Security. (1) Performance Requirement. The dwelling unit shall afford the Family adequate space and security. (2) Acceptability Criteria. A living room, kitchen area, and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (d) Thermal Environment. (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable. (e) Illumination and Electricity. (1) Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area. (f) Structure and Materials. (1) Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. BOOK 237 PAGE 980 Page 6 (2) Acceptability Criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc. , shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding. (g) Interior Air Quality. (1) Performance Requirement. The dwelling unit shall be free of pollutants. in the air at levels which threaten the health of the occupants, (2) Acceptability Criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation, (h) Water Supply. (1) Performance Requirement, The water supply shall be free from contamination. (2) Acceptability Criteria. The unit shall be served by an approved public or private sanitary water supply. (i) Lead Based Paint. (1) Performance Requirement. The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4801; and the Owner shall provide a certification that the dwelling is in accordance with such HUD Regulations. If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. (2) Acceptability Criteria. Same as Performance Requirement. (j) Access. (1) Performance Requirement. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability Criteria. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through windows) . (k) Site and Neighborhood. (1) Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants. (2) Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mudslides, abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (1) Sanitary Condition. (1) Performance Requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability Criteria. The units and its equipment shall be free of vermin and rodent infestation. BOOK 237 PAGE 981 • Page 7 (m) Location Identification. (1) Performance Requirement. The dwelling, and in the case of a multiple dwelling, all units, shall be properly identified with appropriate house numbers. (2) Acceptability Criteria. The numbering identification system shall be as required by City Code. (n) Early Warning Fire Protection System. (1) Performance Requirement. All dwelling units and rooming houses shall be provided with smoke detectors as approved by the Fire Chief. The detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. (2) Acceptability Criteria. Installation shall be as recommended by the manufacturer. (o) Lighting of Public Halls and Stairways. (1) Performance Requirement. Public passageways and stairways in dwellings Accommodating 2 to 4 dwelling units or rooming units shall be provided with a convenient wall mounted light switch(es) which activates an adequate lighting system. Public passageways and stairways in buildings accommodating more than 4 dwelling units or rooming units shall be lighted at: all times with an adequate artificial lighting system. (2) Acceptability Criteria. Artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Sec. 19-20. Notices and Orders of Building Official. (a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. (b) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: (1) The street address and a legal description sufficient for identification of the premises upon which the building is located. (2) A statement that the Building Official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of this code. (3) A statement of the action required to be taken as determined by the Building Official. (i) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. (ii) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Building Official to be reasonable,. (iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed 60 days from the date of the order) ; that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable. (4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official may (i) Order the building vacated, secured and posted to prevent further occupancy until the work is completed, and (ii) Issue a citation for failure to obey order. BOOK 237 PAGE 98a Page 8 (5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Housing Advisory and Appeals Board, provided the appeal is made in writing as provided in this code, and filed with the Building Official within 30 days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (c) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and/or occupant; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building in- volved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, dpciaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. Sec. 19-21. Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the county recorder a certificate describing the property and certifying (1) that the building is a substandard building, and (2) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the Building Official shall file a new certificate with tne county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate. Sec. 19-22. Repair, Vacation and Demolition. (a) Standards to be Followed. The following standards shall be followed by the Building Official (and by the Housing Advisory and Appeals Board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure: (1) If any building declared a substandard building under this Ordinance shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. (2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. BOOK 237 PAGE 983 Page 9 Sec. 19-23. Notice to Vacate. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 19-20(c) , be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Waterloo (b) Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Subsection (b) of Section 19-20, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. Sec. 19-24. Appeal. (a) Form of Appeal. Any person entitled to service under Section 19-20 (c) may appeal from any notice and order or any action of the Building Official under this code by filing at the office of the Building Official a written appeal containing: (1) A heading in the words, "Before the Board of Appeals of the City of Waterloo". (2) A caption reading, "Appeal of " giving the names of all appellants participating in the appeal. (3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. (4) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. (5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their official mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (b) Time for Appeal. The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the Building Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with this code, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Building Official. (c) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the Board of Appeals. (d) Board of Appeals. The Board of Appeals shall consist of five (5) members with three (3) members necessary to conduct a meeting, hearing or make any decision. Two members shall be appointed for two-year terms; and three members shall be appointed for three-year terms. The Board shall consist of a homebuilder, a lawyer, a tenant, a landlord and a member-at-large. (e) 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 less than 10 days nor more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the Board either :by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. BOOK 237 PAGE 984 Page 10 (f) At the appeal hear:ing the applicant shall have an opportunity to be heard and to show cause as to why such notice or order should be modified, extended, revoked, or why a variance should be granted. (g) The Housing Appeals Board, by a majority vote, may sustain, modify, extend, or revoke a notice or grant or deny a variance. (h) The Housing Appeals Board may grant variances or extensions of time to make repairs by majority vote. In the event that an extension and/or variance is granted, the Board shall observe the following conditions: (1) In lieu of or in addition to administrative extensions, the Housing Appeals Board may grant an extension or extensions of time for the compliance of any order or notice provided that the Board makes specific findings of fact based on evidence relating to the following: (i) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and (ii) That such an extension is in harmony with the general purpose and intent of this ordinance in securing the public health, safety, and general welfare. (2) Except under extraordinary circumstances, the extension or sum of extensions shall not exceed eighteen (18) months. (3) The Housing Appeals Board may grant a variance in a specific case and from a specific provision of this ordinance subject to appropriate con- ditions; and provided the Board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: (i) That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and (ii) That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and (iii) That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and (iv) That such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, safety, and general welfare. (4) Upon appeal, or by petition; the Housing Appeals Board shall consider the adoption of a general variance. The Housing Appeals Board by a majority vote may establish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall: (i) state in what manner the variance from the specific provisions is to be allowed; and, (ii) state the conditions under which the variance is to be made; and, (iii) be based upon specific findings of fact based on evidence related to the following: 1. that there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and 2. that such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, safety and general welfare. The effective date of the variance shall be 30 days after notification to the City Council unless vetoed by an extraordinary majority of the City Council during said 30-day period. Sec. 19-25. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Sec. 19-26. Scope of Hearinc, on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Sec. 19-27, Staying of Order Under Appeal. Except for vacation orders made pursuant to this code, enforcement of any notice and order of the Building Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. BOOK 237 PAGE 985 Page 11 Sec. 19-28. Compliance. (a) General, After any order of the Building Official or Appeals Board made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the Building Official or Appeals Board made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may: (1) cause such person to be prosecuted under Subsection (a) of this section or (2) institute any appropriate action to abate such building as a public nuisance. (c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: (1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Waterloo (2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code." PASSED AND ADOPTED by the City Council this dayof t7A u a r •,� � 19 '.?j , and approved by the Mayor this -71 r' day of 19 2 ` - _ Leo P. Rooff, Mayor ATTEST: ry P urger, City erk INDEXED 1—B COMPARED/4 PAGED Klit 10506 BLACK HAWK COUNTY, IOW,A:SS Fled for recordA• /3 19 I/ of 1.'O / A M, end recorded in m-(.;v.0 . Book a 3 7 Page 7 4e, ON Qib^714-41".ti—, Recorder �._ Deputy da BOOK 237 PAGE 986 Jo pentaoaH oignd £a*3oN 0 Fen d c 'C V co P paquosgnS exojeq o; moms pug m c co+D- Z r-4�3s0 m• -0 - u O r n;g80 O o ao nn <n nZ p$o{ 419 „?3o7n Ci 0f(on 7� • N n a N. o a3a- Dar .-0 Cla ij 0) a, a a 1 a g a o It (D O • in 6" ass a 0tQ a O tra a a 4 •d O •a a'°,as rr a cEr; m m a 0 Pa rt 0) LQ ots a• a jo senss! atp ut ce c e0 co 1-1 0 0 5 m tcz a rt CD r+ a0 £.renuer a){ow •y Jad OOS'L$ 'sl! rn O 0 m a vs z� DO v m D r m 0, I.nD co .00 00c D, nm2n7 mr3y, 0 0 2a v 2 . 2 • )' tr tes cD a a N O, EZtEa311eutp40 to a) Pia 0 a) a a a O. a x 0 0 0) 5 0) m z 9- • 0 Q r L n 0 qc ORDINANCE NO. 1 3. .2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 19, HOUSING, IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF NEW CHAPTER 19, HOUSING. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that: Chapter 19, Housing, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that new Chapter 19, Housing, is hereby enacted in lieu thereof as follows: "Chapter 19 HOUSING Sec. 19-1. Title. This Ordinance shall be known as the Housing Code of the City of Waterloo, Iowa, and will be cited as the City Housing Code and may be referred to herein as "this Code". Sec. 19-2. 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 and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction, and to establish a program of regular rental inspections. Sec. 19-3. Application. (a) The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 104 (c) of the Building Code, except such structures as are found to be substandard as defined in this code. (b) Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. (c) Every rooming house or lodging house shall comply with all the requirements of this code for dwellings, except where specifically excluded. Sec. 19-4. Alteration. Existing buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with Section 104(a) and (b) of the Building Code. Sec. 19-5. Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the Building Code for new buildings and structures. Sec. 19-6. Definitions. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridge, copyright 1961, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Whenever the words "dwelling', "dwelling unit", "rooming house", "rooming unit", or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof". (a) ADEQUATE SPACE shall mean the following room dimensions: (1) Ceiling Heights. Habitable rooms or areas shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in this code. Other rooms or areas may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. Page 2 (2) Floor Area. Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements: (a) The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided by each occupant of such unit in excess of two. (b) The unit shall be provided with a separate closet. (c) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided. (d) The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower. (3) Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front of the water closet stool of not less than 24 inches shall be provided. (b) BATH shall mean a bathtub or shower stall connected with both hot and cold water lines. (c) BUILDING CODE shall mean the latest edition of the Uniform Building Code adopted by the City of Waterloo. (d) CENTRAL HEATING SYSTEM shall mean a single system supplying heat to one or more dwelling unit(s) or more than one rooming unit. (e) COOPERATIVE shall mean a dwelling unit which is in compliance or conformance with the requirements of Chapter 499A of the Code of Iowa, 1979, as amended. (f) CONDOMINIUM shall mean a dwelling unit which is in compliance or conformance with the requirements of Chapter 499B of the Code of Iowa, 1979, as amended. (g) DINING ROOM shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. (h) DUPLEX shall mean any habitable structure containing two (2) single dwelling units. The classification shall be determined by the existence of two (2) separate dwelling units, as defined herein, and shall not be based upon the identity of the occupants. (i) FAMILY shall mean one or more occupants of a dwelling unit. (j) HEALTHY LIVING ENVIRONMENT shall mean a temperature of not less than 65° and not more than 100° in normal weather conditions. These temperatures are to be measured 3 feet from the floor. (k) HOT WATER shall mean water at a temperature of not less than 110° F. (1) KITCHEN shall mean a habitable room used or intended to be used for cooking or the preparation of meals. (m) LIVING ROOM shall mean a habitable room within a dwelling unit which is used,or intended to be used, primarily for general living purposes. (n) MULTIPTP DWELLING shall mean any dwelling containing three (3) or more dwelling units. (o) NUISANCE shall mean the following: (1) Any public nuisance known at common law or in equity jurisprudence. (2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. (3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. (4) Overcrowding a room with occupants. (5) Insufficient ventilation or illumination. (6) Inadequate or unsanitary sewage or plumbing facilities. (7) Uncleanliness, as determined by the health officer. (8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. Page 3 (p) OCCUPANT shall mean any person, one year or older, including owner or operator, living in, sleeping in, and/or cooking in, or having actual possession of a dwelling unit or a rooming unit. (q) OWNER shall mean one or more persons, jointly or severally, in whom is vested (1) all or part of the legal title to property; or (2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession. (r) PERSON shall mean any individual, firm, corporation, association, partnership, trust, or estate. (s) REGULAR INSPECTION shall mean not more than once a year and not less than every five years. (t) 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 (3) or more roomers. Occupants of units specifically designated as dwelling units within a rooming house shall not be included in the roomer count. (u) ROOMING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupant(s) or for communal use and, in addition, may have kitchen and dining facilities available for use by the occupant(s) . (v) SUBSTANDARD shall mean any unit which does not meet any or all of the standards or criteria as set out in this Chapter. (w) TOILET shall mean a water closet, with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with a flushing rim or flushing rims. Sec. 19-7. Enforcement Authority. The Building Official is hereby authorized and directed to enforce all of the provisions of this code. For such purposes, he shall have the powers of a law enforcement officer. Sec. 19-8. House File 2536 included herein. It shall be the intent of this code to comply with all parts of House File 2536 as enacted by the 68th General Assembly of the State of Iowa which by intent becomes a part of this code. Sec. 19-9. Regular rental inspections. Regular inspections on all rental property shall be made. Inspections of all properties will also be made upon receipt of a complaint or request by a tenant or owner. Sec. 19-10. Reserved. Sec. 19-11. Right of Entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code. Page 4 Sec. 19-12. Responsibilities defined. Every owner remains liable for violations of duties imposed upon him by this code. (a) Every owner, or his agent, in addition to being responsible for main- taining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units. (b) Every owner shall, where required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. (c) Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer. (d) Every occupant shall, where required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. Sec. 19-13. Substandard buildings declared nuisances. All buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this code. Sec. 19-14. Violation. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Sec. 19-15. Penalty. Any person violating any of the terms and provisions of this Chapter shall be deemed guilty of an offense, and upon conviction thereof, shall be punished as provided in Section 1-8. Sec. 19-16. Inspections. (a) No person, firm or corporation shall rent, lease or cause to be occupied, by other than an owner-occupant, any dwelling 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. (b) All dwelling units after passing inspection under this code shall be issued a Certificate of Inspection. (c) The owner/agent/occupants of dwelling units inspected under this code shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of the occupant, with a specific time limit for correction of said violations. Sec. 19-17. Fees. All inspection and reinspection fees shall be paid by the owner 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: (a) whenever an inspection is made for other than a complaint notification, a fee of $25.00 for the inspection of the building and first dwelling unit shall be charged, plus a fee of $10.00 for each subsequent dwelling unit of said building. (b) A fee of $3.00 shall be charged for each unit of a rooming house. (c) A reinspection fee of $10.00 per unit will be charged for the reinspection of any unit not complying with the code on the original inspection. Sec. 19-18. Regular Inspections. Inspections shall be made on a regular basis with notice to go to owner/ occupant at least ten (10) days prior to the inspection being made. Page 5 Sec. 19-19. Space and Occupancy Standards and Acceptability Criteria. Dwellings inspected under this Ordinance shall meet the performance require- ments set forth in this section. In addition, the dwellings and units shall meet the acceptability criteria set forth in this section. (a) Sanitary Facilities. (1) Performance Requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. (b) Food Preparation and Refuse Disposal. (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. This will not apply to rooming units. (2) Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the Owner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (e.g. garbage cans) (c) Space and Security. (1) Performance Requirement. The dwelling unit shall afford the Family adequate space and security. (2) Acceptability Criteria. A living room, kitchen area, and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (d) Thermal Environment. (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable. (e) Illumination and Electricity. (1) Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area. (f) Structure and Materials. (1) Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. Page 6 (2) Acceptability Criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc. , shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding. (g) Interior Air Quality. (1) Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability Criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (h) Water Supply. (1) Performance Requirement. The water supply shall be free from contamination. (2) Acceptability Criteria. The unit shall be served by an approved public or private sanitary water supply. (i) Lead Based Paint. (1) Performance Requirement. The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4801; and the Owner shall provide a certification that the dwelling is in accordance with such HUD Regulations. If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. (2) Acceptability Criteria. Same as Performance Requirement. (j) Access. (1) Performance Requirement. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability Criteria. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through windows) . (k) Site and Neighborhood. (1) Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants. (2) Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mudslides, abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (1) Sanitary Condition. (1) Performance Requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability Criteria. The units and its equipment shall be free of vermin and rodent infestation. Page 7 (m) Location Identification. (1) Performance Requirement. The dwelling, and in the case of a multiple dwelling, all units, shall be properly identified with appropriate house numbers. (2) Acceptability Criteria. The numbering identification system shall be as required by City Code. (n) Early Warning Fire Protection System. (1) Performance Requirement. All dwelling units and rooming houses shall be provided with smoke detectors as approved by the Fire Chief. The detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. (2) Acceptability Criteria. Installation shall be as recommended by the manufacturer. (o) Lighting of Public Halls and Stairways. (1) Performance Requirement. Public passageways and stairways in dwellings accommodating 2 to 4 dwelling units or rooming units shall be provided with a convenient wall mounted light switch(es) which activates an adequate lighting system. Public passageways and stairways in buildings accommodating more than 4 dwelling units or rooming units shall be lighted at all times with an adequate artificial lighting system. (2) Acceptability Criteria. Artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Sec. 19-20. Notices and Orders of Building Official. (a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. (b) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: (1) The street address and a legal description sufficient for identification of the premises upon which the building is located. (2) A statement that the Building Official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of this code. (3) A statement of the action required to be taken as determined by the Building Official. (i) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. (ii) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Building Official to be reasonable. (iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed 60 days from the date of the order) ; that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable. (4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official may (i) Order the building vacated, secured and posted to prevent further occupancy until the work is completed, and (ii) Issue a citation for failure to obey order. Page 8 (5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Housing Advisory and Appeals Board, provided the appeal is made in writing as provided in this code, and filed with the Building Official within 30 days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (c) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and/or occupant; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building in- volved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. Sec. 19-21. Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the county recorder a certificate describing the property and certifying (1) that the building is a substandard building, and (2) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the Building Official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate. Sec. 19-22. Repair, Vacation and Demolition. (a) Standards to be Followed. The following standards shall be followed by the Building Official (and by the Housing Advisory and Appeals Board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure: (1) If any building declared a substandard building under this Ordinance shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. (2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. � y k Page 9 Sec. 19-23. Notice to Vacate. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 19-20(c) , be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Waterloo (b) Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Subsection (b) of Section 19-20, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. Sec. 19-24. Appeal. (a) Form of Appeal. Any person entitled to service under Section 19-20 (c) may appeal from any notice and order or any action of the Building Official under this code by filing at the office of the Building Official a written appeal containing: (1) A heading in the words, "Before the Board of Appeals of the City of Waterloo". (2) A caption reading, "Appeal of " giving the names of all appellants participating in the appeal. (3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. (4) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. (5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their official mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (b) Time for Appeal. The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the Building Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with this code, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Building Official. (c) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the Board of Appeals. (d) Board of Appeals. The Board of Appeals shall consist of five (5) members with three (3) members necessary to conduct a meeting, hearing or make any decision. Two members shall be appointed for two-year terms; and three members shall be appointed for three-year terms. The Board shall consist of a homebuilder, a lawyer, a tenant, a landlord and a member-at-large. (e) 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 less than 10 days nor more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. • z + • Page 10 (f) At the appeal hearing the applicant shall have an opportunity to be heard and to show cause as to why such notice or order should be modified, extended, revoked, or why a variance should be granted. (g) The Housing Appeals Board, by a majority vote, may sustain, modify, extend, or revoke a notice or grant or deny a variance. (h) The Housing Appeals Board may grant variances or extensions of time to make repairs by majority vote. In the event that an extension and/or variance is granted, the Board shall observe the following conditions: (1) In lieu of or in addition to administrative extensions, the Housing Appeals Board may grant an extension or extensions of time for the compliance of any order or notice provided that the Board makes specific findings of fact based on evidence relating to the following: (i) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and (ii) That such an extension is in harmony with the general purpose and intent of this ordinance in securing the public health, safety, and general welfare. (2) Except under extraordinary circumstances, the extension or sum of extensions shall not exceed eighteen (18) months. (3) The Housing Appeals Board may grant a variance in a specific case and from a specific provision of this ordinance subject to appropriate con- ditions; and provided the Board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: (i) That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and (ii) That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and (iii) That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and (iv) That such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, safety, and general welfare. (4) Upon appeal, or by petition, the Housing Appeals Board shall consider the adoption of a general variance. The Housing Appeals Board by a majority vote may establish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall: (i) state in what manner the variance from the specific provisions is to be allowed; and, (ii) state the conditions under which the variance is to be made; and, (iii) be based upon specific findings of fact based on evidence related to the following: 1. that there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and 2. that such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, safety and general welfare. The effective date of the variance shall be 30 days after notification to the City Council unless vetoed by an extraordinary majority of the City Council during said 30-day period. Sec. 19-25. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Sec. 19-26. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Sec. 19-27. Staying of Order Under Appeal. Except for vacation orders made pursuant to this code, enforcement of any notice and order of the Building Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. Page 11 Sec. 19-28. Compliance. (a) General. After any order of the Building Official or Appeals Board made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the Building Official or Appeals Board made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may: (1) cause such person to be prosecuted under Subsection (a) of this section or (2) institute any appropriate action to abate such building as a public nuisance. (c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: (1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Waterloo (2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code." PASSED AND ADOPTED by the City Council this b Y day of ja ,to , ;. 19 �� , and approved by the Mayor this -71 day of jCAcv vA,a %.Nl , 19 k . Leo P. Rooff ayor ATTEST: Lar y P. rger, Cit lerk C7 z H ^Cr) O � H wooer ow xz7 WW ^Hz H M O Q r-I . Cr) N URa' HO H xoNLx H w � M C7E-ixW � ZHC,) O H U R' at z U z E-1 + a <4f� WWU H 0 O W H 124 El CT-1 zz 0 zU � W H z PC) (- Q < (I) 0 cz ^HW 0 H Q H Z R4 0 z O H H H •