165.01    DEFINITIONS.  The following terms are defined for use in this chapter:

1.                  “Approved,” as to materials and types of construction, means and refers to approval of the Housing Official as the result of investigation and tests conducted by the Housing Official, or by reason of accepted principles or tests by national authorities, technical or scientific organizations.

2.                  “Building, existing” means a building erected prior to the adoption of this Housing Code, or one for which a legal building permit has been issued.

3.                  “Congregate housing” means and refers to the same as Independent Group Residence, except that some or all of the dwelling units do not have kitchen facilities, and connected with which there is a central dining facility to provide meals for occupants.

4.                  “Dwelling” means any building, structure or mobile home except temporary housing which is wholly or partly used or intended to be used for living or sleeping by human occupants and including any appurtenances attached thereto.

5.                  “Dwelling unit” means any room or group of rooms located with a building forming a single habitable unit with facilities that are used for living, sleeping, cooking, or eating or both by one family.

6.                  “Dwelling unit, rental” means any dwelling unit which is or is intended to be rented, leased, let, or hired out to be occupied.

7.                  “Egress” means an arrangement of existing facilities to assure a safe means of exit from buildings.

8.                  “Family” means one or more individuals living together and sharing common living, sleeping, cooking or eating facilities.

9.                  “Housing Official” means the individual and the individual’s designated representatives appointed by the City Manager to administer and enforce the Housing Code.

10.              “Independent group residence” means housing for the exclusive residential use of two to twelve elderly, handicapped or disabled individuals, excluding one or two Resident Assistants, if needed, who cannot live completely independently and require a planned program of supportive services, and designated by the U.S. Department of Housing and Urban Development as an “Independent Group Residence.”

11.              “Lead-based paint” means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the “safe” level of lead in residential paint and paint products.

12.              “Multiple-unit residential building” means a residential building, an apartment house or a portion of a building or an apartment house with four or more units, hotel, motel, dormitory or rooming house.

13.              “Owner” means any person, agent, partnership or corporation having a legal or equitable interest in the property.

14.              “Rooming house” means any dwelling, other than a nursing home, hotel or motel, or that part of any dwelling, containing one or more rooming units, and in which persons either individually or as families are housed.

15.              “Rooming unit” means any room or group of rooms forming a single rental habitable unit or intended to be used for living or sleeping, but not for cooking purposes.

16.              “Temporary housing” means any tent, trailer, motor home or other structure used for human shelter for less than seventy-two (72) hours, which is designed to be transported and which is not attached to the ground, to another structure, or to any utility system on the same premises.

17.              “Unit” means residential space for the private use of a family, including individuals who comprise a family, such as an apartment, housing or independent group residence, which contains a living room, kitchen area, bathroom and bedroom.

1.         Notification Required.  No person shall operate a rental dwelling unit, rooming house, congregate housing or independent group residence unless the person has first registered such rental dwelling unit, rooming house, congregate housing or independent group residence with the City.  There shall be no fee for such notification.

2.         Inspection Fees.  The following fee schedule shall apply:

A.                 Regular inspections, as set forth in the Plan of Inspection, including one re-inspection – $50.00 for inspection of the exterior structure, common areas, basement, attic and one living unit plus $13.00 for each additional dwelling unit.

B.                 Complaint inspections – $50.00 for complaint inspection and recheck, if a violation of the Housing Code is found; no fee if no violation of the Housing Code is found.

C.                 Reinspection – A fee will be charged for each scheduled reinspection following the initial reinspection.

D.                 “No Shows” (scheduled inspections in which the owner, operator, agent, tenant or other representative of the owner is not present to permit the inspector entrance to the premises or any inspection that is rescheduled with less than two (2) hours advanced notice.)  A fee will be charged for each scheduled inspection listed as a “no show”. 

E.                  A single building with multiple units having more than one owner shall be charged as if each owner is owner of the entire building for all inspections.

The fee for reinspections and “no shows” is based on the number of rechecks and/or “no shows” as depicted in the following chart:

(Ord. 05-13 – Nov. 05 Supp.)

165.03    PLANS OF INSPECTION. 

1.                  Preparation of Plans.  The Housing Official is authorized and directed to develop and present to the Council for adoption, plans for the inspection of dwelling units subject to the provisions of this chapter, including:

A.                 A plan for the regular inspection of all rental units, rooming houses, congregate housing, and independent group residences.

B.                 A plan for the inspection of all residential dwellings contained within the City upon receipt of complaints.

2.         Public Notice.  Before making inspections pursuant to the plans authorized in subsection 1 of this section, the City shall publish a notice advertising of the plan to inspect.

165.04    ENFORCEMENT. 

1.                  Authority.  The Housing Official is authorized and directed to enforce all of the provisions of this Housing Code.  For such purposes, the Housing Official shall have the powers of a law enforcement officer.

2.                  Right of Entry.

A.                 Whenever necessary to make an inspection to enforce any of the provisions of this Housing Code, or whenever the Housing Official or the Housing Official’s authorized representative 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 Housing Official may enter such building or premises at all reasonable times to inspect the same to perform any duty imposed upon the Housing Official by this Code, provided that if such building or premises be occupied, the Housing Official shall first present proper credentials and request entry.  If such building or premises be unoccupied, the Housing Official 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 Housing Official or the Housing Official’s authorized representative shall have recourse to every remedy provided by law to secure entry.

B.                 When the Housing 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 provided in this section, to promptly permit entry by the Housing Official for the purpose of inspection and examination pursuant to this Code.

3.                  Inspections. All buildings or structures within the scope of this Housing Code shall be subject to inspection in accordance with and in the manner provided by this Code and the Building Code.

4.                  Requirements Not Covered by Code.  Any requirement not specifically covered by this Housing Code but found necessary for the safety, health and general welfare of the occupants of any dwelling shall be determined by the Housing Official subject to appeal to the Housing Code Board of Appeals.

5.                  Rules and Regulations.  The Housing Official is authorized to make, adopt, revise and amend procedural rules and regulations as the Housing Official deems necessary to administer the purposes of this Housing Code.

6.                  Notice of Violation.  Whenever the Housing Official determines that any dwelling, dwelling unit or rooming unit, or the premises surrounding any of these, fails to meet the requirements set forth in this Housing Code or applicable rules and regulations issued pursuant thereto, the Housing Official, in accordance with existing legislation, shall issue a written notice setting forth the alleged failures, and advising the owner, occupant, operator or agent that such failures must be corrected.

7.                  Service of Notice.  The notice prescribed in subsection 6 of this section shall:

A.                 Be served upon the owner, occupant, operator or agent of the dwelling, dwelling unit or rooming unit personally or by first class or certified mail, addressed to the owner, occupant, operator or agent.  If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice in or about the dwelling, dwelling unit or rooming unit described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of 5 consecutive days.

B.                 Be served upon a resident agent for the receipt of such services of notice designated pursuant to subsection 165.02(3).

8.                  Reinspection.  At the end of the period of time allowed for the correction of any violation alleged, the Housing Official shall reinspect the dwelling, dwelling unit, or rooming unit described in the notice.  If upon reinspection, the violations are determined by the Housing Official not to have been corrected, the Housing Official may initiate legal proceedings for the immediate correction of the alleged violations.

9.                  Emergency Orders.  Whenever the Housing Official finds that an emergency exists on any premises, or in any structure or part thereof, or in any defective equipment which requires immediate action to protect the public’s health and safety or that of the occupants thereof, the Housing Official may, with proper notice and service as described in this chapter, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the Housing Official deems necessary to meet such emergency.  Notwithstanding other provisions of this Housing Code, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.  Any person to whom such order is directed shall comply with the order.  Such person may thereafter, upon petition directed to the Housing Code Board of Appeals, be afforded a hearing as prescribed in this Housing Code.  Depending upon the findings of the Board at such hearings as to whether the provisions of this Code and the rules and regulations adopted pursuant to the Code have been complied with, the Board shall continue such order or modify or revoke it.

165.05    PENALTIES AND CORRECTIVE ACTIONS. 

1.                  Actions Authorized.  The Housing Official shall take any action authorized by this chapter to assure compliance, or to prevent violations of its provisions.  Specifically, this may include citation for municipal infractions pursuant to Chapter 4 of this Code of Ordinances.  The Housing Official may recommend to the City Attorney the institution of other legal or equitable actions for the enforcement of this chapter.

2.                  Each Day a Violation.  Each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.

3.                  Applicability.  No penalty shall be assessed for a violation of this chapter as for the time that the dwelling unit is vacant and remains vacant.  However, no dwelling unit for which an order or notice of an alleged violation of this code has been issued may be reoccupied until such time that the violation has been corrected and a Certificate of Inspected Housing has been issued.  In the event that a dwelling or dwelling unit becomes vacant before the violation has been corrected and a Certificate of Inspected Housing has been issued, the Housing Official may post a notice on or about the dwelling or dwelling unit.  The notice shall state the described dwelling or dwelling unit contains Housing Code violations and that such dwelling or dwelling unit shall not be occupied until such time that the violations have been corrected and a Certificate of Inspected Housing has been issued.  It is the responsibility of the owner or agent to inspect the premises at least every thirty (30) days to make sure the notice is still posted on the property.  It shall be a violation of this Code to remove or deface such notice until a Certificate of Inspected Housing has been issued.  It is the responsibility of the owner or agent to notify the Housing Official within 72 hours if the notice is removed prior to the issuance of the Certificate of Inspected Housing.

4.                  Prosecution.  In case there is no prompt compliance with any violation order, the Housing Official may issue a citation pursuant to Section 805.1 through 805.5 of the Code of Iowa and request the City Attorney to institute an appropriate action or proceeding at law to exact the penalty provided herein and, in addition, may ask the legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering the person:

A.                 To restrain, correct, remove the violation or refrain from any further execution of work;

B.                 To restrain or correct the erection, installation, or alteration of such structure;

C.                 To require the removal of work in violation;

D.                 To prevent the occupation or use of the structure, or part of the structure erected, constructed, installed, altered or maintained in violation of the provisions of this Code.

5.         Other Remedies.  The City Attorney is authorized to pursue any other remedy available in law or equity to correct violations of the provisions of this Housing Code.

165.06    RIGHT TO APPEAL. 

1.                  Housing Code Board of Appeals.  In order to provide reasonable variances for existing structures which cannot practicably meet the standards in the Housing Code, but are not unsafe for habitation, there is created a Housing Code Board of Appeals.  The Housing Code Board of Appeals shall consist of residents of the City, appointed by the Mayor and approved by the Council.  Members of the Board shall be appointed for 3-year terms.  The terms shall be staggered.  Not less than one nor more than two members of the Board shall be owners of rental dwelling units.  Not less than one nor more than two members of the Board shall be tenants of rental dwelling units.

2.                  Organization.  Officers of the Board shall consist of a Chairperson, Vice Chairperson, and Secretary.  Officers of the Board shall be elected by the members at the first annual meeting of the Board.  The Board shall adopt reasonable rules and regulations for the conduct of its meetings and investigations and shall render all decisions and findings, which shall be made part of the public record.

3.                  Appeals Process.

A.                 Any person aggrieved by a written notice of the City issued in connection with any alleged violation of this Housing Code or of any applicable rule or regulation issued pursuant to the Housing Code or by any order requiring repair or demolition, may apply in writing to the Housing Code Board of Appeals for a reconsideration of such notice or order provided that such application is made within thirty (30) calendar days after the date of postmark of notice or proof of service.  There shall be a fifty dollar ($50.00) fee paid for filing an appeal.

B.                 Upon receipt of any appeal filed pursuant to this section, the Housing Official shall present it at the next regular or special meeting of the Board.

C.                 As soon as practicable after receiving a written appeal, the Board shall hold a public meeting to consider the appeal.  The applicant shall be advised in writing of the time and place of such meeting at least four (4) days prior to the date of the meeting.  At such meeting, the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn or variance granted.  The Board may, in its discretion, hold a public hearing on any matter brought before the Board.

D.                 The Board, by a majority vote, may sustain, modify or withdraw the notice or order.  In granting an extension or variance of any notice or order, the Board shall observe the following conditions:

(1)        The Board may grant an extension of time for the compliance of any notice or order for not more than 18 months subject to appropriate condition and provided that the Board makes specific findings of fact based on evidence relating to the following:

a.         That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order.

b.         That such an extension is in harmony with the general purpose and intent of this Housing Code in securing the public health, safety and general welfare.

(2)        The Board may grant a variance in a specific case and from a specific provision of this Housing Code subject to appropriate conditions and provided the Board makes specific findings of fact based on evidence relating to the following:

a.         That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order.

b.         That the effect of the application of the provisions would be arbitrary in the specific case.

c.         That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect.

d.         That such a variance is in harmony with the general purpose and intent of this Housing Code in securing the public health, safety and general welfare.

E.         Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.

F.         Enforcement of any notice or order issued under this Code shall be stayed during the duration of an appeal of the order, which is properly and timely filed.

165.07    SCOPE.  The requirements and standards set forth in Section 165.08 through 165.21 of this chapter shall apply to all residential dwelling units and their premises in the City.

165.08    ACCESS AND EXITS. 

1.                  Performance Requirement.  The dwelling unit shall be usable 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 usable 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 including but not limited to fire stairs or egress through windows.

3.                  Maintenance of Exits.  Exits serving every building, structure or confined area which are used or intended to be used at any time for human occupancy shall be maintained in accordance with this Housing Code.

4.                  Performance Standards.  Sole access to the dwelling unit may not be through another dwelling unit.  Alternate means of egress may include:

A.                 An openable window if the unit is on the first or second floor or easily accessible to the ground.

B.                 A back door opening onto a porch with a stairway leading to the ground.

C.                 Such other methods as permitted by City or State Fire Codes.

D.                 Required exits shall not be blocked or otherwise unusable.

1.                  Performance Requirement.  Each room shall have adequate or artificial illumination to permit normal indoor activities and to support the health and safety of the occupants.  Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.  The following performance standards shall be met:

A.                 Windows must be free of signs of deterioration or missing or broken-out window panes.  “Deterioration” means that the window is no longer able to keep out wind, snow or rain; or that broken glass presents a hazard.  Window panes must not be dangerously loose.  Windows must be able to close and when closed, form a reasonably tight seal to prevent drafts from entering the room.

B.                 The required light fixtures and outlets must be present and working.  Light fixtures must be securely fastened to a ceiling or wall and not movable.

C.                 The electrical system shall not contain the following:

(1)        Broken or frayed electrical wires.

(2)        Bare metal wires not covered by rubber or plastic insulation.

(3)        Loose or improper wire connections to outlets.

(4)        Light fixtures hanging from electric wire.

(5)        Missing or cracked cover plates on switches or outlets.

(6)        Rubber or plastic coated electrical wiring in a room that is mounted on the surface of a wall or ceiling in a manner that allows it to be broken, cut or damaged in other ways.  This standard applies to surface mounted non-metallic sheathed wires including, but not limited to “Romex.”

(7)        Lamp cord used as part of the permanent wiring.

(8)        Electric cords under rugs or other floor covering.

(9)        Outlets or electric appliances located too near where water might splash including, but not limited to, outlets too close to bathtubs.

(10)      Exterior wiring and appliances unsuited to all-weather service

D.        Shared exits in every building, except single family, not new dwellings, shall be illuminated at any time the building is occupied with lights having an intensity of not less than one foot candle at floor level.

E.         Every common hall and stairway in every building, not new, other than single-family dwellings, shall be lighted with an illumination of at least one foot candle at floor level.  Such illumination shall be provided through the normally traveled stairs and passageways.

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.

3.                  Electrical Equipment.  All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner.  All electrical equipment shall be of an approved type.

A.                 Maximum Voltage.  Plug fuses and fuse holders shall not be used in circuits exceeding 125 volts between conductors with the exception of circuits supplied by a system having a grounded neutral and having no conductor at over 150 volts to ground.

B.                 Markings.  Each fuse, fuse holder and adapter shall be marked with its ampere rating.

C.                 Hexagonal Configuration.  Plug fuses of 15 ampere and lower rating shall be identified by a hexagonal configuration of the window, cap or other prominent part to distinguish them from fuses of higher ampere ratings.

D.                 No Live Parts.  Plug fuses, fuse holders and adapters shall have no exposed live parts after fuses or fuses and adapters have been installed.

E.                  Screw Shell.  The screw shell of a plug-type fuse holder shall be connected to the load side of the circuit.

F.                  Classification.  Plug fuses of the Edison-base type shall be classified at not over 125 volts and 0 to 30 amperes.

G.                 Replacement Only.  Plug fuses of the Edison-base type shall be used only for replacements in existing installations where there is no evidence of over-fusing or tampering.

H.                 Edison-Base Fuse Holders.  Fuse holders of the Edison-base type shall be installed only where they are made to accept Type S fuses by the use of adapters.

I.                    Type S Fuses.  Type S fuses shall be of the plug type and shall comply with all of the following:

(1)        Classification.  S fuses shall be classified at not over 125 volts and 9 to 15 amperes, 16 to 20 amperes and 21 to 30 amperes.

(2)        Non-interchangeable.  Type S fuses of an ampere classification as specified in paragraph (1) above shall not be interchangeable with a lower ampere classification.  They shall be so designed that they cannot be used in any fuse holder other than a Type S fuse holder or a fuse holder with a Type S adapter inserted.

J.                   To Fit Edison-Base Fuse Holders.  Adapters shall fit Edison-base fuse holders.

K.                To Fit Type S Fuses Only.  Type S fuse holders and adapters shall be so designed that either the fuse holder itself or the fuse holder with a Type S adapter inserted cannot be used for any fuse other than a Type S fuse.

L.                  Non-removable.  Type S adapters shall be so designed that once inserted in a fuse holder, they cannot be removed.

M.               Non-tamperable.  Type S fuses, fuse holders, and adapters shall be so designed that tampering, shunting or bridging would be difficult.

N.                Interchangeability.  Dimensions of Type S fuses, fuse holders and adapters shall be standardized to permit interchangeability regardless of the manufacturer.

4.                  Exit Illumination.  Shared exits in every building, except single-family dwellings, shall be illuminated at any time the building is occupied with lights having an intensity of not less than one foot candle at floor level.

5.                  Illumination in Public Areas.  Every common hall and stairway in every building, other than one-family dwellings, shall be adequately lighted at all times with an illumination of at least one foot candle at floor level.  Such illumination shall be provided throughout the normally traveled stairs and passageways.

165.10    FIRE WARNING SYSTEMS.  It is the responsibility of the owner, operator or agent of the dwelling unit to provide smoke detectors conforming to 911 of the following for each dwelling unit or rooming unit:

1.         Every dwelling unit and every rooming unit in a rooming house used for sleeping purposes shall be provided with smoke detectors.

A.                 In dwelling units, 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.

B.                 In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room and central corridor.

C.                 Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway.

2.         All detectors shall be located in accordance with approved manufacturer’s instructions.  When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit.

3.         In new construction, required smoke detectors shall receive their primary power from the bonding wiring when such wiring is served from a commercial source.  Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.

4.         Smoke detectors may be battery operated when installed in existing buildings or in buildings without commercial power, or in existing buildings which undergo alterations, repairs or additions.

5.         All multiple-unit residential buildings shall be equipped with at least one smoke detector in each corridor, unless that building is equipped with heat detection devices or a sprinkler system with alarms approved by the State Fire Marshal.

It is the responsibility of the tenant to maintain the smoke detectors and to periodically test the smoke detectors in accordance with manufacturer’s instructions.

165.11    PLUMBING EQUIPMENT.  All plumbing equipment, pipes, and appliances shall be installed and maintained in a safe manner.  All plumbing equipment shall be of an approved type.  The following performance standards shall apply:

1.                  Plumbing pipes and fixtures shall be free from major leaks.

2.                  Pipes shall not be corroded to the point of causing serious and persistent levels of rust or contamination in the drinking water.

3.                  The hot water heater must be located, equipped and installed in a safe manner.  No combustible materials may be piled up against the heater.  The hot water heater must have a temperature-pressure relief valve and discharge line directed toward the floor.  Hot water heater flues must have adequate clearance from combustible materials.  Hot water heater flues must safely vent exhaust gases and have a slope of at least ¼ inch for each foot of run.  The hot water heater must not have any serious leaks.

165.12    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 short storage where necessary.

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 tenant, 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 including, but not limited to, garbage cans.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 Oven and stove or range must be present and working.  Appliances must not contain any hazardous gas hookups.  Hot plates are not acceptable substitutes for an oven, stove or range.

B.                 The refrigerator must maintain a temperature low enough to keep food from spoiling over a reasonable period of time.  The refrigerator must have at least some capability for storing frozen foods.

C.                 The kitchen or kitchen area must have a permanently attached kitchen sink.  The sink must have running hot and cold water from the faucets and a properly connected drain with gas trap.

D.                 The unit must have space for food storage which may include pantries, closets containing shelves, a table used for storage or a portable storage cabinet.

E.                  The unit must have space for food preparation and serving, which may include built-in space such as counter-tops or a table used for food preparation.

F.                  The unit shall have use of trash cans with covers, garbage chutes, dumpsters or trash bags for temporary storage and disposal of food wastes, garbage and refuse.

165.13    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 occupant.

2.                  Acceptability Criteria.  The dwelling units 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.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 The unit shall not contain levels of noxious gases such as carbon monoxide, sewer gas, fuel gas, dust which are consistently present in amounts that would constitute a continuing health hazard to the occupants.

B.                 Bathroom areas must have either an openable window or a working exhaust vent system.  Acceptable exhaust ventilation systems include electric fan vent, either wall or ceiling mounted; gravity flow chimney effect vent pipes; shafts that allow air to escape to the outside without an electric fan; or re-circulating charcoal filter system.  If the ventilation system is an electric fan type, the fan must operate when the fan is switched on.  Windows and other ventilation systems must vent to the outside, attic or crawlspace.

165.14    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.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 A flush toilet must be contained within the dwelling unit and available for the exclusive use of the occupants of the unit.  Out-houses or facilities shared by occupants of other dwelling units are not acceptable.  The toilet must allow for privacy and be closed off by a door.

B.                 The toilet must be in working condition.  The toilet must have the following:

(1)        Be connected to a water supply and sewer drain.

(2)        Connections, vents and traps in sound condition.  Connections, vents and traps must not allow severe leakage of water or escape of gases.

(3)        Toilet must flush without clogging.

C.                 The bathroom area must have a working permanently installed wash basin.  A kitchen sink is not acceptable, but a wash basin may be located separate from the other bathroom facilities including, but not limited to, in a hallway.

D.                 The wash basin must be connected to a system that delivers hot and cold running water; connected to a drain with a gas trap; must not be clogged; and must not have connections that allow severe leakage of water or escape of sewer gases.

E.                  The dwelling unit must have a working tub or shower connected to a system that delivers hot and cold running water; must not be clogged; and must not have connections that allow severe leakage of water or escape of sewer gases.

F.                  The sanitary facilities must be connected to the City sewer system or a private disposal system meeting the requirements of the Linn County Board of Health.

165.15    SANITARY CONDITIONS. 

1.                  Performance Requirement.  The dwelling unit and its equipment shall be in sanitary condition.

2.                  Acceptability Criteria.  The dwelling unit and its equipment shall be free of vermin and rodent infestation.

3.                  Performance Standards.  The dwelling unit and its equipment shall be free from rats and severe infestation by mice or vermin including, but not limited to, roaches, as evidenced by vermin runs, large vermin holes, droppings and numerous settings of vermin poison.

165.16    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.

3.                  Performance Standards.  The unit must be connected to the City water system or to a private water system meeting the requirements of the Linn County Board of Health.

165.17    LEAD-BASED PAINT. 

1.                  Performance Requirement.  The dwelling unit shall be in compliance with HUD lead-based paint regulations, 24 C.F.R., Part 35, issued pursuant to the Lead-based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846; 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 be 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.  The acceptability criteria are the same as performance requirements. 

3.                  Performance Standards.  Exterior surfaces of the dwelling covered with lead-based paint, including walls, stairs, railings, windows and doors, less than four (4) feet in height, must be free from noticeable cracking, scaling, peeling, chipping and loose paint; or adequately treated or covered to prevent exposure of children to lead-based paint hazards.

165.18    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 or cooling facilities, or both, which are in proper operating condition and can provide adequate heat or cooling, or both, 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.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 The heating system must be capable of delivering a constant temperature level of at least 65 degrees Fahrenheit, at a point three feet above the floor and three feet from an exterior wall in bedrooms, living room, kitchen, bathroom and all other rooms used for living.

B.                 Unvented fuel burning space heaters are unacceptable.

C.                 Oil burning systems must meet all of the following standards:

(1)        Fuel oil tanks must be raised up off of the floor on a stable base to prevent movement.

(2)        The fuel line must have a shut-off valve at the base of the tank to turn off the flow of fuel.

(3)        Any fuel oil line that runs across the floor must be protected to prevent any damage.

(4)        The oil tanks must be vented and filled from the outside of the unit.

D.                 Gas burning systems must meet all of the following standards:

(1)        No gas shall be stored on the premises except for units not served by the gas utility, in which case gas must be stored in propane tanks.

(2)        The furnace must have a manual shut-off device.

(3)        There shall be no storage of gasoline cans, gasoline burning engines or gasoline tanks in any living unit.

E.                  Combustible material must not be stored around the furnace.

F.                  Fuel burning heating systems must be properly vented to the outside.  The flue pipe and collar around it must be tight against the wall to prevent escape of fumes.  There must be adequate clearance between the flue and any combustible materials.

G.                 The heating system must be properly installed.

H.                 Heating equipment must not have a heavy build-up of soot and creosote around the chimney or flue or be in a state of disrepair.  All masonry chimneys shall have liners.

I.                    There must be an adequate source of clean return air.  Clean return air must be free of any exhaust gases.

J.                   The unit must be capable of being cooled by either some operable windows or working cooling equipment including, but not limited to, a central fan ventilation system, an evaporative cooling system, room or central air conditioning.

165.19    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.

2.                  Acceptability Criteria.  Ceilings, walls and floors shall not have any serious defects including, but not limited to, 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 weather-tight.  The exterior wall structure and exterior wall surface shall not have any serious defects, including but not limited to 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, and so forth, shall be such as not to present a danger of tripping or falling.  Elevators shall be maintained in a safe and operating condition.  In the case of a manufactured/mobile home, the home shall be securely anchored by a tie-down device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind, overturning and sliding.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 Ceilings.  Ceilings shall not have such serious defects that either a potential exists for structural collapse or that large cracks or holes allow significant drafts to enter the unit.  This condition includes but is not limited to severe bulging or buckling; large holes; falling surface materials other than paint or paper; loose sections or unkeyed plaster in danger of falling; many missing parts such as ceiling tile.

B.                 Windows.  All windows must be free of signs of severe deterioration or missing or broken out panes.  “Severe deterioration” means that the window is no longer able to keep out the wind, snow or rain, or that broken glass presents a hazard.  The condition of “severe deterioration” includes but is not limited to dangerously loose, cracked panes; windows that will not close; windows that, when closed, do not form a reasonable tight seal, and allow serious drafts to enter.

C.                 Floors.  Floors shall not have such serious defects that a potential exists for structural collapse or other threats to safety such as tripping.  Floors shall not have large cracks or holes that allow substantial drafts or vermin to enter from below the floor.  Floors shall be free from buckling or major movement under walking stress.  Large sections of the floor shall not be damaged or missing parts including, but not limited to, floor boards.

D.                 Foundation.  The foundation must be sound and free from hazards.  The foundation must not contain any of the following features:  evidence of major recent settling; large cracks or holes; severe leaning; large sections of crumbling brick, stone or concrete; undermining of footings, walls, posts or slab; major deterioration of wood support members due to water damage or termite or other insect damage.

E.                  Stairs, Rails and Porches.  Stairs, porches, balconies or decks shall not have severe structural defects, including but not limited to broken, rotten or missing steps; absence of a handrail when there are four or more consecutive steps; absence of or insecure railings around a porch or balcony which is thirty (30) inches or more above the ground.  Open guardrail and stair railings shall have intermediate rails or an ornamental pattern such that a sphere six inches in diameter cannot pass through.  Steps leading to the dwelling unit which are not physically attached to the building, such as steps up a steep lawn from the sidewalk, must meet the performance standards set forth in this section.  (For the purpose of this section, each riser in a flight constitutes a “step”).                                                         (Ord. 02-14 – Aug. 02 Supp.)

F.                  Roofs and Gutters.  Roofs shall be sound and free from hazards, including but not limited to serious buckling or sagging that indicates the potential of structural collapse; large holes or other defects that would allow significant air or water infiltration.  Severe exterior defects to the roof may be identified by serious defects within the unit such as buckling or water damage.  Gutters and downspouts shall not be deteriorated to the point that they cause significant amounts of water to enter the unit to the point of resulting in deterioration of the interior of the unit, including but not limited to rotting an exterior wall.  The absence of gutters is not a violation.

G.                 Exterior Walls.  Exterior walls shall be sound and free from such hazards, including but not limited to, buckling, bowing or leaning.  Exterior walls must not contain large cracks or falling or missing pieces of masonry.  Exterior walls must not be deteriorated to the point that significant amounts of water or serious drafts are allowed to penetrate the unit to the point of resulting in deterioration of the interior of the unit including, but not limited to, rotting an exterior wall.

H.                 Chimneys.  The chimney must not be seriously leaning or show evidence of deterioration or disintegration of its parts.  The chimney must be capable of venting exhaust gases and smoke reasonably well.

I.                    Interior Stairs and Hallways.  Interior stairs must be free from safety hazards to the occupants, including but not limited to: loose or broken steps or handrails on stairways; missing steps; an accumulation of objects on the stairways to the point of posing a threat of tripping or falling; missing steps; ripped, torn, or frayed stair coverings, including but not limited to carpets or rubber mats; or large numbers of vertical railings, including but not limited to balustrades missing.  A handrail is required on sections of stairs with four or more consecutive steps and on unprotected heights like stairwells.

J.                   Other Interior Hazards.  The interior of the unit shall be free from other interior hazards, including but not limited to: protruding nails or jagged edges of fixtures at a level at which someone could be cut; door partially broken off its hinges; other fixtures in danger of falling, collapsing or deteriorating or otherwise presenting a hazard to the safety or health of the occupants.

K.                Elevators.  Where elevators are in use, all elevators must have a current inspection certificate.

L.                  Manufactured/Mobile Home Tie Downs.  If the rental unit is a mobile home, it must be securely tied down by the use of a tie-down device, anchor, beam or foundation bolt to prevent overturning, displacement or other serious damage during a windstorm.

165.20    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 a dwelling unit shall contain at least one sleeping and living/sleeping room of appropriate size for each two persons.  Exterior doors and windows accessible from outside the unit shall be lockable.

3.                  Performance Standards.  The following performance standards shall be applied:

A.                 The dwelling unit must have a kitchen or kitchen area for the preparation and storage of food.  It may be either a separate room or an area of a larger room such as a kitchen area in an “efficiency apartment.”

B.                 The dwelling unit must have at least one sleeping room for each two occupants of the unit.

C.                 The dwelling unit must have one bathroom present in the dwelling unit for the exclusive use of the occupant.

D.                 The dwelling unit must have at least one habitable room which is not a kitchen area or bathroom.  An “efficiency apartment,” which is a living/sleeping room with a kitchen area designed into it, is considered a living room and is acceptable.

E.                  The following fixtures must be lockable:  windows and doors that open to the outside or to a common public hall; windows with sills less than six feet off of the ground; windows or doors leading onto a fire escape, porch or other outside places that can be reached from the ground.  “Lockable” means a door or window that has a properly working lock, is nailed shut, or is designed not to be opened such as a picture window.

165.21    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 occupant.

2.                  Acceptability Criteria.  The site and neighborhood shall not be subject to serious and adverse environmental conditions, natural or manmade, including but not limited to dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mud-slides, abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic, excessive accumulation of trash; vermin or rodent infestation, or fire hazards.

3.                  Performance Standards.  The site in and around the dwelling unit must be reasonably free from conditions which seriously and continuously endanger the health and safety of the resident.  Such conditions include, but are not limited to:

A.                 Other buildings on the property that pose serious hazards, such as dilapidated shed, garage, or other out-buildings with potential for structural collapse.

B.                 Evidence of major drainage problems.

C.                 Proximity to open sewer.

D.                 Fire hazards as described in the Fire Prevention Code of the City.

E.                  Accumulations of refuse, including but not limited to junked, abandoned or inoperable vehicles; glass; nails; wire; trash; garbage or any substance generating offensive odors and sights.

F.                  Noxious weeds and other rank growth on the property.

G.                 Uncovered hazards, including but not limited to open wells, open cesspools, or open excavations of any kind that present a danger of tripping or falling unless adequately safeguarded.

H.                 Dangerous walks or steps.

I.                    Septic tank backups, sewage hazards, or mud slides.

J.                   Vermin or rodent infestation.

165.22    ROOMING HOUSES.

1.                  Performance Requirement.  Rooming houses shall meet all standards of this Housing Code, except for Section 165.12 concerning food preparation and refuse disposal, Section 165.14 concerning sanitary facilities, Section 165.20 concerning space and security, Section 165.23 concerning congregate housing and Section 165.24 concerning independent group residences.

2.                  Other Requirements.  In addition, all of the following standards shall apply:

A.                 The building shall contain and have ready access to a flush toilet which can be used in privacy, a fixed basin with hot and cold running water, and a shower or tub, or both, equipped with hot and cold running water, all in proper operating condition and adequate for personal cleanliness and the disposal of human wastes.  These facilities shall utilize an approved public or private disposal system, and shall be sufficient in number so that they need not be shared by more than four occupants.

B.                 The rooming unit shall afford the occupant adequate space and security.  Exterior doors and windows accessible from outside each unit shall be capable of being locked.  An emergency exit plan shall be developed and occupants shall be apprised of the details of the plan.  Readily accessible fire extinguishers shall be provided throughout the building and smoke detectors shall be provided in every rooming unit and hallway.

165.23    CONGREGATE HOUSING. 

1.                  Performance Requirement.  Congregate housing shall meet all standards of this Housing Code, except for Section 165.12 concerning food preparation and refuse disposal, Section 165.20 concerning space and security, Section 165.22 concerning rooming houses, and Section 165.24 concerning independent group residences.

2.                  Other Requirements.  In addition, all of the following standards shall apply:

A.                 The unit shall contain a refrigerator of appropriate size.

B.                 The sanitary facilities described in Section 165.14 shall be contained within the unit.

C.                 The central dining facilities and central kitchen shall be located within the building or housing complex and be accessible to the occupants of the congregate units, and shall contain suitable space and equipment to store, prepare, and serve food in a sanitary manner by a food service or persons other than the occupants and shall be for the primary use of occupants of the congregate units and be sufficient in size to accommodate the occupants.  There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary including, but not limited to, garbage cans.

165.24    INDEPENDENT GROUP RESIDENCE. 

1.                  Performance Requirement.  Independent group residences shall meet all standards of this Housing Code, except for Section 165.12 concerning food preparation and refuse disposal, Section 165.14 concerning sanitary facilities, Section 165.19 concerning structure and materials, Section 165.20 concerning space and security, Section 165.21 concerning site and neighborhood, Section 165.22 concerning rooming houses, and Section 165.23 concerning congregate housing.

2.                  Other Requirements.  In addition, all of the following standards shall apply:

A.                 The unit shall contain and have ready access to a flush toilet which can be used in privacy, a fixed basin with hot and cold running water, all in proper operating condition and adequate for personal cleanliness and disposal of human wastes.  These facilities shall utilize an approved public or private disposal system and shall be sufficient in number so that they need not be shared by more than four occupants.  Those units accommodating occupants with disabilities with wheelchairs or other special equipment shall provide access to all sanitary facilities and shall provide as appropriate to needs to the occupants, basins and toilets of appropriate height; grab bars to toilets, showers or bathtubs or both; shower seats; and adequate space for movement.

B.                 The unit shall contain suitable space to store, prepare and serve foods in a sanitary manner.  A cooking stove or range, refrigerators of appropriate size and in sufficient quantity for the number of occupants, and a kitchen sink with hot and cold running water shall be present and in proper operating condition.  The sink shall drain into an approved private or public system.  Adequate space for the storage, preparation and serving of food shall be provided.  These shall be adequate facilities and services for the sanitary disposal of food wastes and refuse including facilities for temporary storage where necessary, including but not limited to garbage cans.

C.                 The dwelling unit shall afford the family adequate space and security.  A living room, kitchen, dining area, bathroom, and other appropriate social unit or recreational community space shall be within the unit and a dwelling unit shall contain at least one sleeping room of appropriate size for each two persons.  Exterior doors and windows accessible from outside each unit shall be capable of being locked.  An emergency exit plan shall be developed and occupants shall be apprised of the details of the plan.  Regular fire inspections shall be conducted by appropriate local officials.  Readily accessible first-aid supplies and fire extinguishers shall be provided throughout the unit, smoke detectors shall be provided and emergency phone numbers including, but not limited to, police, ambulance, fire departments, and so forth, shall be provided to each occupant.  All emergency and safety features and procedures shall meet applicable State and local standards.

D.                 The 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.  Ceilings, walls and floors shall not have any serious defects including, but not limited to, 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 roof shall be weather-tight.  The exterior wall structure and exterior wall surface shall not have any serious defects, including but not limited to 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, and so forth, shall be such as not to present a danger of tripping or falling.  Elevators shall be maintained in safe and operating condition.  Units accommodating occupants with disabilities with wheelchairs and other special equipment shall not contain architectural barriers which impede access or use, and handrails and ramps shall be provided as appropriate.

E.                  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, and shall not be subject to serious adverse environmental conditions, natural or manmade, including but not limited to dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mud slides; abnormal air pollution, smoke or dust; excessive accumulations of trash, vermin or rodent infestation; or fire hazards.  The unit shall be located in a residential setting and be similar in size and appearance to housing generally found in the neighborhood and be within walking distance or accessible via public or available private transportation to medical and other appropriate commercial and community service facilities.

3.                  Supportive Services.

A.                 A planned program of adequate supportive services appropriate to the needs of the occupants shall be provided on a continual basis by qualified resident assistants residing in the unit or other qualified persons not residing in the unit who will provide such services on a continual, planned basis.  Supportive services which are provided within the unit may include the following types of services:  counseling, social services which promote physical activity, intellectual stimulation or social motivation, or both; training or assistance with activities of daily living including housekeeping, dressing, personal hygiene, grooming, or both; provision of basic first-aid skills in case of emergencies; supervision of self-administration of medications, diet and nutrition; an assurance that occupants obtain incidental medical care, as needed, by facilitating the making of appointments at and transportation to medical facilities.  Supportive services provided within the unit shall not include the provision of continual nursing, medical or psychiatric care.

B.                 The provision and quality of the planned program of supportive services, including the minimal qualifications, quantity, and working hours of the resident assistants living in the unit or other persons providing continual supportive services, shall be initially determined by the service agency in accordance with the standards established by the State.  Compliance with these standards by the service agency shall be regularly monitored throughout the term of the contract by the public housing appropriate State agency or a local authority, other than the service agency providing services designated by the State to establish, maintain and enforce such standards.

C.                 Written service agreements or agreements approved by the State and in effect between the owner and the service agency or the entities, or both, which provide the necessary supportive service, shall be submitted to the public housing agency with their request for lease approval.  The lease shall set forth the owner’s obligation for and means of providing these services.  If the lessor provides the supportive services, a service agreement is not required and the provision of these services shall be incorporated into the lease and shall be approved by the State.

4.                  State Approval.  Independent group residences shall be licensed, certified or otherwise approved in writing by the appropriate State agency prior to the execution of the initial contract.  This approval shall be re-examined periodically based on a schedule established by the State.  To insure the facilities and supportive services are appropriate to the needs of the occupants, the State shall also approve the written service agreements or lease if the provider of such services is the lessor, for each independent group residence.

165.25    CERTIFICATION OF INSPECTED HOUSING.  Whenever the Housing Official has inspected or caused to be inspected any dwelling unit and has determined that the dwelling unit is in compliance with the provisions of this Housing Code, a certificate of inspected housing shall be issued to the owner or the agent of the dwelling unit.

165.26    CONFLICT WITH ORDINANCES.  In any case where a provision of this chapter is found to be in conflict with the provision of any zoning, building, fire, safety or health ordinance or code of the City or State existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.  In any case where a provision of this chapter is found to be in conflict with a provision of any ordinance or code of the City existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.