Chapter 12
RENTAL HOUSING CODElinklink

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10-12-1: SHORT TITLE:
10-12-2: PURPOSE:
10-12-3: WARNING:
10-12-4: INTERPRETATION:
10-12-5: ADOPTION:
10-12-6: SCOPE:
10-12-7: INDEMNIFICATION:
10-12-8: BUILDING INSPECTOR:
10-12-9: FEES:
10-12-10: DELETIONS:
10-12-11: AMENDMENTS, MODIFICATIONS AND ADDITIONS:
10-12-12: RENTAL CERTIFICATE REQUIREMENTS, CONDITIONS AND FEES:
10-12-13: COMPLAINT BY TENANT:
10-12-14: COLLECTION OF FEES, FINES, PENALTIES AND COSTS:
10-12-15: APPEALS:
10-12-16: VIOLATIONS:

10-12-1: SHORT TITLE:linklink


This chapter shall be known as the CLIVE RESIDENTIAL RENTAL HOUSING CODE, and may be cited as such, and will be referred to herein as "rental housing code". (Ord. 956, 2-2-2012)
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10-12-2: PURPOSE:linklink

It is the purpose of this chapter to ensure that property owners, their agents and others, meet their responsibilities with respect to proper operation and maintenance of rental housing facilities and to provide for inspection as a means of compelling compliance therewith. It is not the purpose of this chapter to create any duty on the part of the city, its officers, agents, or employees, owing to any individual member of the public or to protect any particular or circumscribed class of persons. Specifically, it is not the intent of this chapter to create any duty or liability by the city, its officers, agents, or employees, to premises occupants, owners, tenants, or any other person. (Ord. 956, 2-2-2012)
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10-12-3: WARNING:linklink

No person shall place reliance upon this chapter, any inspections performed or certificates issued pursuant to this chapter, as indicating the safety of or quality of construction of any particular premises. Neither this chapter nor inspections made pursuant thereto nor certificates issued are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premises has been inspected pursuant to this chapter shall not in any way constitute a warranty or guarantee of the safety or quality of that premises. (Ord. 956, 2-2-2012)
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10-12-4: INTERPRETATION:linklink


A. In interpreting and applying the provisions of this chapter, such provisions shall be held to the minimum requirements for the promotion of the public health, safety, and welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.


B. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, private covenants or other provision of law except as provided in these regulations. If a conflict between requirements appears within this chapter, the most restrictive requirement shall prevail.


C. Information erroneously presented by any official or employee of the city does not negate or diminish the provisions of this chapter pertaining thereto.


D. Whenever a number of days is specified in this chapter, or in any permit, condition of approval or notice issued or given as set forth in this chapter, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified.


E. Whenever application of this chapter results in standards being expressed in fractions of whole numbers, such fractions are to be rounded to the next higher whole number.


F. No action of the city, its city council, community development department staff or the building codes appeal board shall be deemed invalid by reason of failure to comply with or conform to the provisions of this chapter, provided that the procedural requirements of the code of Iowa have been met.


G. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the construction services administrator, and that such questions shall be presented to the building codes appeal board only on appeal from the decision of the construction services administrator and that recourse from the decision of the building codes appeal board shall be as provided by law. (Ord. 956, 2-2-2012)

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10-12-5: ADOPTION:linklink

Pursuant to published notice and public hearing, as required by law, the international property maintenance code, 2009 edition, published by the International Code Council, Inc., is adopted in full except for such portions as may be hereinafter deleted, modified or amended, and shall constitute the "rental housing code" of the city of Clive, Iowa. An official copy of the international property maintenance code, 2009 edition, as adopted, and a certified copy of this chapter can be viewed in the community development department. (Ord. 956, 2-2-2012)
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10-12-6: SCOPE:linklink

The provisions of this chapter shall apply to the maintenance, repair, equipment, use and occupancy of all residential rental buildings and accessory structures now in existence or hereafter constructed, habilitated, renovated or converted to residential use within the corporate limits, including, but not limited to, single- and two-family dwellings, multiple-family dwellings and rooming/sleeping units.

Exceptions:


A. Single-family dwellings occupied by the owner, or members of that owner's immediate family. Such members are defined as parents, grandparents, children and grandchildren;


B. A duplex, at least one of the units of which is occupied by the owner, and the other unit is occupied by a member of that owner's immediate family. Such members are defined as parents, grandparents, children and grandchildren;


C. Transient shelters and group homes subject to state licensing;


D. Hotels, motels, extended stay hotels, and other similar uses subject to state licensing. (Ord. 956, 2-2-2012)

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10-12-7: INDEMNIFICATION:linklink

The applicant for any rental certificate under this chapter, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with or related to the issuance of such rental certificate or the doing of anything thereunder, or the failure of such applicant, or the agents, employees or servants of such applicant, to abide by or comply with any of the provisions of this chapter or any other ordinance of the city; and such applicant, by making such application, forever indemnifies the city, its officers and employees and agrees to save it and them harmless from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing even though acts or omissions of the city, its officers or employees may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of any certificate issued under this chapter whether expressly recited therein or not. (Ord. 956, 2-2-2012)
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10-12-8: BUILDING INSPECTOR:linklink

It shall be the duty of the construction services administrator, appointed under provisions of the community development director, to administer and enforce the provisions of this chapter and to make any required inspections or tests. For the purposes of this code he/she may also be referred to as the code official. A person or persons may be appointed as assistants or agents of the construction services administrator as may be necessary to carry out the provisions of this chapter. For the purpose of making inspections, tests, or otherwise discharging his/her official duties, the code official and/or inspector shall have the right to enter at any time any building, site, or manhole upon notifying the company or individual owning or having charge or control of the same. (Ord. 956, 2-2-2012)
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10-12-9: FEES:linklink

The fees for activities and services performed by the community development department in carrying out its responsibilities under this code shall be as indicated in a fee schedule adopted from time to time by the city council. (Ord. 956, 2-2-2012)
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10-12-10: DELETIONS:linklink

The following sections are deleted from the property maintenance code and are of no force or effect in this chapter:

Section 101 General in its entirety

Section 103 Department Of Property Maintenance

Section 106 Violations

Section 111 Means Of Appeal

Section 303 Swimming Pools, Spas, And Hot Tubs
(Ord. 956, 2-2-2012)
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10-12-11: AMENDMENTS, MODIFICATIONS AND ADDITIONS:linklink

The paragraphs in this section represent amendments to the requirements contained in the property maintenance code.

Section 202. General Definitions. Add the following:

"Agent" means an individual of legal majority who has been designated by the owner as the agent of the owner or manager of the property under the provisions of this chapter.

"Apartment house or multi-family residence" means any building or portion thereof which is designed, rented, leased, or hired out to be occupied, or which is occupied as a dwelling or residence of two (2) or more families living independently of each other and doing their own cooking in said building.

"Dwelling unit" means a single unit providing complete independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking and sanitation. For the purposes of this definition, a bed, day bed, couch, futon or other similar multipurpose sleeping furniture shall constitute the provisions for sleeping. Similarly, a hotplate, microwave, toaster oven or similar cooking appliance shall constitute the provisions for cooking.

"Family" means a person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

a. A number of people related by blood (ie: son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt or uncle), or by marriage, adoption, guardianship (including foster children and exchange students) or other duly-authorized custodial relationship, up to a maximum dwelling occupant load as provided in title 11, chapter 6 of the city code.

b. Three (3) unrelated people and any children related to either of them, up to a maximum dwelling occupant load as provided in title 11, chapter 6 of the city code.

c. Not more than eight (8) people who are:

i. Residents of a "family home" as defined in section 414.22 of the Iowa Code; or

ii. "Handicap" as defined in the fair housing act, 42 USC section 3602(h).

d. Four (4) or more unrelated people who are granted a special use permit as a "functional family unit" pursuant to 11-3-6 of the zoning ordinance.

For the purposes of this definition, anyone who spends more than 90 nights within a 12-month period will be counted as an occupant.

The effective enforcement date of this definition shall be at the time set forth in the ordinance codified herein except in regard to valid rental contracts that have been entered into prior to the effective date hereof and have a termination date on or before January 1, 2014 ("expiring contracts"). For expiring contracts, the effective enforcement date of this definition shall be the earlier to occur of (a) the expiration date of the expiring contract or (b) January 1, 2014. Effective January 1, 2014, this definition shall be enforced as to all rental dwelling units within the city of Clive.

"Hotel" means one or more buildings containing six (6) or more guest rooms, with such rooms being designed, intended to be used, or are used as temporary or overnight accommodations for guests in which daily services of linen change, central telephone switchboard, towel change, general cleaning, and an on-site registration office staffed on a twenty-four (24) hour daily basis are provided by the management. Access to all rooms shall generally be provided through one (1) or more common entrances. All hotels shall be licensed and inspected by the state of Iowa in accordance with chapter 137C of the Iowa Code.

"Hotel/motel, extended stay" means one or more buildings containing six (6) or more guest rooms with the provisions necessary for living, sleeping, eating, cooking and sanitation, with such guest rooms being designed, intended to be used, or are used as a temporary residence not exceeding six (6) months, which weekly services of linen change, central telephone switchboard, towel change, general cleaning, and an on-site registration office staffed on a twenty-four (24) hour daily basis are provided by the management. All extended stay facilities shall be licensed and inspected by the state of Iowa in accordance with chapter 137C of the Iowa Code.

"Kitchen" means any room or portion of rooms which are occupied or are intended and designed to be used for cooking and preparation of food, including any room having a sink and a cooking appliance such as a gas/electric stove, microwave, hotplate, toaster oven, or other similar devices.

In addition to the above definitions, the following criteria shall be utilized to determine if the intent of a single family dwelling unit has been met:

1. There shall not be more than one kitchen for each single family zoned property address with the following exception: additional sinks, wet-bars, or kitchen areas will not be considered an additional kitchen provided walls, floors, and locking doors, as specified below, do not separate the dwelling into multiple tenant use.

2. There shall not be more than one electric meter, gas meter, or water meter for each single family zoned property address.

3. There shall not be any walls or floor/ceiling assemblies in any single family zoned property address, which separates the one-family dwelling into more than one unit. Determining factors shall include locked or locking interior doors and separate entrances, which make portions of the unit inaccessible to all "family" members.

"Motel" means one or more buildings containing six (6) or more guest rooms, with such rooms being designed, intended to be used, or are used as temporary or overnight accommodations for guests in which daily services of linen change, central telephone switchboard, towel change, general cleaning, and an on-site registration office staffed on a twenty-four (24) hour daily basis are provided by the management. Individual access to each room shall generally be provided from outside of the building. Each room may be equipped with cooking facilities. All motels shall be licensed and inspected by the state of Iowa in accordance with chapter 137C of the Iowa Code.

"Rental certificate" means a certificate that is issued by the community development department after written application if the dwelling unit, at the date of such application, is entitled thereto. Such a certificate shall thereafter be known as a rental certificate.

"Rental unit" means any house or building or portion thereof which is occupied in whole or part as a home or residence of one or more tenants, on a rental basis, or when, in return for housing, a tenant agrees to occupy and maintain the premises and pay utilities. A dwelling unit that is being rented for a period of ninety (90) days or less in a single calendar year or a portion of such dwelling unit shall be exempt from this chapter.

"Tenant" means: (i) a person occupying a dwelling unit who pays (or has payments made on his or her behalf) a stated payment at fixed intervals for the use of the dwelling unit; or (ii) a person occupying a dwelling unit owned by another individual, who, in return for housing, agrees to occupy and maintain the premises and pay utilities.
(Ord. 956, 2-2-2012; amd. Ord. 968, 9-6-2012)

Section 302.4. Weeds. Delete in its entirety and insert the following.

Weeds. All premises and exterior property shall be maintained free from grasses and weeds in accordance with title 5, chapter 6 Nuisances; Abatement Procedures of the city code.

Section 304.14. Insect Screens. Insert the following dates.

April 1st to November 1st.
(Ord. 956, 2-2-2012)

Section 404.5. Overcrowding. Delete in its entirety and insert the following.

Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants and in no case shall the occupancy of a dwelling unit exceed the following:

Dwelling Occupant Load

Room Type   Room Area   Maximum Occupant Load  
Bedroom room   At least 70 sq. ft. but less than 120 sq. ft.   1 per room  
Bedroom room   120 sq. ft. to 180 sq. ft.   2 per room  
Bedroom room   180 sq. ft. or more   3 per room  
Multi-purpose room   At least 70 sq. ft.   1 per room, not more than 2 per dwelling unit  

For the purposes of this section, a bedroom is defined as a space primarily designed and intended for use as a sleeping room which shall include all of the following characteristics:

* A room with a minimum floor area of seventy (70) square feet of area that is capable of being secured by a door.

* A room with an enclosed closet space of a minimum floor area of six (6) square feet.

* A room with the provisions for emergency escape and natural light in accordance with the adopted version of the international residential code or international building code as applicable for the dwelling type.

For the purposes of this section, a multi-purpose room may include a living room, den, study, or other similar room that by design or layout is not primarily intended to be used as a bedroom, but that is otherwise habitable and provides accommodations for sleeping such as a bed, daybed, couch, futon or other similar multipurpose sleeping furniture.
(Ord. 968, 9-6-2012)

Section 602.3. Heat Supply. Insert the following dates.

September 1st to May 30th.

Section 602.4. Occupiable Work Spaces. Insert the following dates.

September 1st to May 30th.
(Ord. 956, 2-2-2012)

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10-12-12: RENTAL CERTIFICATE REQUIREMENTS, CONDITIONS AND FEES:linklink


A. Required Registration: After the effective date hereof, no person shall rent, lease, let, operate or otherwise allow the occupancy of any dwelling unit or any portion of any dwelling unit (including sleeping rooms) unless they hold a valid rental inspection certificate issued by the community development department.


B. Issuance: Following submission of a proper registration application, on forms provided by the community development department, and review of the residential rental unit for compliance with the provisions of this chapter, the community development department shall issue a rental certificate to the owner.


C. Rental Certificate Displayed: The owner of a multiple-family dwelling shall display a copy of the rental certificate in a common hallway of each building or in the on site management office. The owner of single-family or duplex dwelling must be able to show a copy of the rental certificate upon request.


D. Expiration: Prior to the expiration date of the rental certificate, the community development department shall mail a renewal notice to the owner advising of the requirements for renewal of the rental certificate. Failure of the owner to complete the requirements for renewal will result in a late payment penalty being applied to the balance owed. If the renewal is not completed within thirty (30) days following expiration of the rental certificate, a notice of violation will be issued to the property owner.


E. Revocation: Any rental certificate may be summarily revoked by the building codes appeal board upon the review of a notice of violation of any provision of this chapter.

If, at the discretion of the construction service administrator, an emergency exists which threatens the immediate health, safety or general welfare of the occupant or general public, the construction services administrator may immediately issue an order suspending the rental certificate. Upon issuance of the order, the occupant of the unit shall immediately vacate the premises until the rental certificate is reinstated.


F. Transfer: Rental certificates shall not be transferable to succeeding owners. Rental certificates shall automatically terminate and become null and void, without further action of the city, upon transfer of property ownership or upon execution of an agreement to purchase property on contract.

Every seller of a residential rental property shall give notice to the community development department within two (2) days after closing or execution of a contract for sale. This notice shall include the name and address of the buyer.

Every buyer of a residential rental property, including contract buyer, shall give notice to the community development department within two (2) days after closing. This notice shall include the name and address of the buyer and his/her agent.


G. Outstanding Issues: If an owner has outstanding fees, fines or violations on any property within the city of Clive, the issuance of a rental certificate may be withheld by the community development department. (Ord. 956, 2-2-2012)

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10-12-13: COMPLAINT BY TENANT:linklink

Unless there are significant health, safety or general welfare issues, a tenant must first complain to the owner or agent. Complaint forms for that purpose will be available from the community development department.


A. An owner or agent shall have seven (7) days to address the complaint. If the complaint is not remedied to the tenant's satisfaction within twenty (20) days the community development department will schedule an inspection with the tenant and owner. If violations are found, an inspection fee shall be charged to the owner.


B. No person shall pursue an action for eviction because the occupant has reported a violation of this chapter to the community development department.


C. No person shall cause any service, facility, equipment or utility required under this chapter to be removed, shut off or discontinued in retaliation for a complaint. (Ord. 956, 2-2-2012)

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10-12-14: COLLECTION OF FEES, FINES, PENALTIES AND COSTS:linklink

All fees, fines, penalties and costs imposed upon an owner in the enforcement of this chapter shall be due when notice of the amount of such fees, fines, penalties and costs is mailed to the owner.


A. If notice containing the information required by Iowa Code 364.17 is given and the total amount of such fees, fines, penalties and costs is not paid within thirty (30) days of when due, or within ten (10) days of the final action of the building codes appeal board, then:

1. The owner shall be charged a late payment penalty in the amount set forth in the fee schedule adopted by the city council from time to time;

2. Interest shall thereafter accrue on the unpaid balance at the rate of one and one-half percent (1.5%) per month; and

3. The city may certify the unpaid balance, interest and late payment penalty to the county auditor as a lien upon the rental property for collection in the same manner as a property tax. (Ord. 956, 2-2-2012)

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10-12-15: APPEALS:linklink

Any person affected by a decision of the construction services administrator may request and shall be granted a hearing on the decision before the building codes appeal board as set forth in title 2, chapter 2, "Building Codes Appeal Board", of this code. Such appeal shall be taken within ten (10) days by filing an application request on the forms provided by the community development department. Additionally, the application must be accompanied with the appropriate fee as determined in the fee schedule adopted from time to time by the city council. An appeal stays all proceedings in furtherance of the action appealed from, unless the construction services administrator certifies to the building codes appeal board, that by reason of facts stated in the certificate, a stay would in the opinion of the construction services administrator cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the building codes appeal board or by a court of record on application, on due cause shown. (Ord. 956, 2-2-2012)
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10-12-16: VIOLATIONS:linklink

Violations of the provisions of this chapter, or failure to comply with any of its requirements, shall constitute a municipal infraction as set forth in title 1, chapter 4, article A of this code. Each day that a violation occurs shall constitute a separate offense. In the event that the city seeks court intervention for a violation of any provision of this chapter, the city may seek reimbursement for reasonable attorney fees and additional costs. Nothing herein contained shall prevent the city from taking such other lawful actions as necessary to prevent or remedy violations. (Ord. 956, 2-2-2012)
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