Bettendorf, Iowa City Code

Transcription

1 Bettendorf, Iowa City Code APPENDIX A SECTION 1 MINIMUM HOUSING CODE (15-1) TITLE. A. These regulations shall be known as the Minimum Housing Code, may be cited as such, and will be referred to herein as "this code". Any reference to the Uniform Building Code, the Uniform Fire Code, or any other codes mentioned herein shall be to such codes as adopted by the City of Bettendorf. (15-2) PURPOSE. A. 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 which are rental and owner occupied within this jurisdiction. This code consists of two (2) sections: 1. Section 1, which is titled "Minimum Housing Code", shall apply to both owner occupied and rental properties. 2. Section 2, which is titled "Minimum Rental Housing Standards", shall apply to the residential rental properties only. B. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this code. C. The purpose of this code is to provide for the administration and enforcement of this code and certain technical codes adopted by the Bettendorf Municipal Code. D. Administration and enforcement is a function of the Building Inspection Services Division of the City of Bettendorf Community Development Department in conjunction with other city departments. E. This code has been adopted and is used in conjunction with other City of Bettendorf codes and should not be construed to include all regulations pertaining to buildings and development. Nothing in this chapter shall be interpreted as prohibiting or limiting enforcement by the building official or any other agencies of the following codes and ordinances as adopted and amended 2-21; National Electric Code, 10-21; Flood Control, App. C; Compliance with Iowa State Building Code, 7-10.', 'popup107')"108 : The Zoning Ordinance of the City of Bettendorf, Iowa Subdivision Ordinance Uniform Building Code Uniform Fire Code Uniform Plumbing Code Uniform Mechanical Code National Electric Code Flood damage prevention ordinance Iowa State Building Code as specifically referenced by the Bettendorf Municipal Code

2 Uniform Housing Code F. Compliance with regulations of other agencies shall be required, including, but not limited to, the Scott County Board of Health and Iowa State Fire Marshal. (Ord. 1-98, ) (15-3) SCOPE. A. The provisions of this code shall apply to all residential properties or portions thereof used, or designed or intended to be used, for human habitation, whether vacant or occupied, or owner occupied or rental dwellings. This code shall further apply to all accessory structures and any nuisance as defined by this code that may exist in a building or the building's yard. (15-4) DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this code: 1. Accessory building shall mean a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises. 2. Appropriate authority shall mean a Bettendorf building official. 3. Approved shall mean approved by a Bettendorf building official. 4. Ashes shall mean the residue from the burning of combustible materials. 5. Attic shall mean any uninhabitable area situated wholly or partly within the roof. 6. Basement shall mean a portion of a building all or partially below the average grade of the adjoining ground. 7. Boarding house shall mean any structure or that part of a structure containing one or more dormitory rooms and further provides meals which are prepared and served at a central location. See definition of "residential structures". 8. Building official shall mean those persons designated by the chief building official to enforce this code. 9. Central heating system shall mean a single system supplying heat to one or more dwelling units or more than one rooming unit. 10. Chimney shall mean a vertical shaft of approved noncombustible, heat-resisting material enclosing one or more flues, for the purpose of removing products or combustion from solid, liquid, or gaseous fuel burning appliances and conveying same to the outside atmosphere. 11. Dilapidated shall mean that condition of a building or structure or part thereof, which by reason of inadequate maintenance, structural deterioration, obsolescence, abandonment, is unsafe, unsanitary, constitutes a fire hazard, or is no longer adequate for the purposes or uses for which it was originally intended. 12. Dormitory shall mean a room or group of rooms in a dwelling used or intended to be used for sleeping purposes by three (3) or more persons per room. See definition of "residential structures". 13. Dwelling shall mean any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating and shall include factory-built structures which conform to the Bettendorf building code, provided that temporary housing, as hereinafter defined, shall not be classified as a dwelling. See definition of "residential structures". 14. Dwelling unit shall mean a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes. See definition of "residential structures".

3 15. Egress shall mean a continuous, protected, and unobstructed way to exit travel from any point in a building or structure to a public way. 16. Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by Scott County Health Department. 17. Family shall mean one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. 18. Flush water closet shall mean a toilet bowl connected to a water system under pressure and equipped with a sealed trap above the floor level. 19. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food. 20. Grade shall mean the average finished level of the adjacent ground. 21. Guest shall mean an individual who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days. 22. Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries and utility rooms (less than 50 square feet of the floor space), foyers, or communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 23. Health officer shall mean the person designated by Scott County Board of Health for the enforcement of this regulation. 24. Heated water shall mean water heated to a temperature of not less than one hundred twenty (120) degrees Fahrenheit at the outlet. 25. Infestation shall mean the presence within or around any dwelling of any insects, rodents or other pests. 26. Kitchen shall mean any room designated as such or containing any or all of the following equipment or any area or room within three (3) feet in front of such equipment: sink or dishwasher; stove or other device for cooking; refrigerator or other device for cool storage of food; cabinets or shelves, or both, for storage of equipment and utensils; and counter or table for food preparation. 27. Kitchenette shall mean a small kitchen or similar space or an alcove containing kitchen facilities. 28. Meaning of certain words: Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming units", "premises" and "structure" are used in the code, they shall be construed as though they were followed by the words "or any part thereof". Words used in the singular include the plural and the plural the singular. The masculine gender includes the feminine and the feminine the masculine. 29. Multiple dwelling shall mean any dwelling containing two (2) or more "dwellings" or "rooming units" housing two (2) or more families excluding hotels, motels or motor inns which are licensed in accordance with chapter 137c of the Code of Iowa. See definition of "residential structures". 30. Nuisance includes "nuisance" as known at common law or in equity jurisprudence, and whatever is dangerous to human life or detrimental to health, whatever dwelling is overcrowded with occupants or is not provided with adequate ingress or egress, or is not sufficiently

4 supported, ventilated, sewered, drained, cleaned or lighted, in reference to its intended or actual use, and whatever renders the air or human food or drink unwholesome, is also a nuisance, and all nuisances are illegal. 31. Occupant shall mean any individual living, sleeping, cooking or eating in a residential structure; except that in dwelling units a guest shall not be considered an occupant. 32. Ordinary summer conditions shall mean a temperature ten (10) degrees Fahrenheit below the highest recorded temperature in the locality for the prior ten (10) year period. 33. Ordinary winter conditions shall mean a temperature fifteen (15) degrees Fahrenheit above the lowest recorded temperature in the locality for the prior ten (10) year period. 34. Owner shall mean any person who, alone or jointly or severally with others: a. Shall have legal title to any residential structure, with or without accompanying actual possession thereof; or b. Shall have charge, care or control of any residential structure, an agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. 35. Permissible occupancy shall mean the maximum number of individuals permitted to reside in a residential structure. 36. Person shall mean and include any individual, firm, corporation, association, partnership, cooperative or governmental agency. 37. Plumbing shall mean and include all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, traps, and any other similar supplied fixtures and the installation thereof together with all connections to water and sewer. 38. Premises shall mean a platted lot or part thereof or unplatted land or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure and includes any such building, accessory structure or other structure thereon. 39. Privacy shall mean the existence of conditions which will permit an individual or individuals to reasonably carry out an activity commenced without interruption or interference. 40. Proper or properly shall mean in conformance with the specifications required by the appropriate code or ordinance. In the event no specific section of a code or ordinance exists, the terms shall mean functioning without defect or flaw, performing as a reasonable person would expect the item to function, and without causing a hazard to person or property. 41. Rat harborage shall mean any condition or place where rats can live, nest or seek shelter. 42. Rat proofing shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space or building or from gaining access to food, water or harborage. 43. Refuse shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals. 44. Refuse container shall mean a watertight container that is constructed of metal or other durable material impervious to rodents that is capable of being serviced without creating unsanitary conditions or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting. 45. Rental unit shall mean any unit let to occupy with or without a rental fee being charged.

5 46. Residential structures: For the purpose of this code, the term "residential structures" is all encompassing and is intended to include any structure or group of structures designed, constructed or altered to provide living accommodations for individuals or families, including mobile homes, for the purpose of establishing a domicile. 47. Reference is made in the following subsections to specific, unique residential structures such as boarding houses, rooming houses and rooming units, dormitories and dormitory rooms which are further defined in this chapter. When referred to collectively in this code, they shall be identified as "units". 48. Rooming house shall mean any structure or that part of any structure containing one or more rooming units or one or more dormitory rooms. See definition of "residential structures". 49. Rooming unit shall mean any room or group of rooms within a residential structure forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 50. Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of either: a. Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or b. Noncombustible wastes such as metal cans, glass and crockery. 51. Safety shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease. 52. Safety glazing material means any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American National Standards Institute, standard ANSIZ and which are so constructed, treated or combined with other material so as to minimize the likelihood of cuffing and piercing injuries resulting from human impact with glazing material. 53. Seasonal house shall mean a house which is occupied for not more than eight (8) months in any calendar year. 54. Sleeping room shall mean a room or group of rooms within a residential structure used or intended to be used for living and sleeping, but not for cooking and eating purposes. See definition of "rooming unit". 55. Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. 56. Supplied shall mean paid for, furnished by, provided by or under the control of the owner or agent. 57. Temporary housing shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days per calendar year. 58. Toxic paint shall mean any paint or surface preservative containing one percent lead by weight, or other toxic elements. 59. Undefined words: Words not specifically defined in this code shall have the common definition as set forth in a standard dictionary. (Ord. 1-98, )

6 (15-5) MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR DWELLING UNITS. A. No person shall occupy or let to another for occupancy any residential structure or part thereof for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements: B. Every dwelling unit shall have a space in which food may be prepared and which shall be equipped with the following: 1. A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated water under pressure and which is connected to an approved public or private sewer system. 2. Cabinets and shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not under ordinary conditions require refrigeration for safekeeping and a counter or table for food preparation. Said cabinets, shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. C. Within every dwelling unit there shall be a separate room which affords privacy to anyone within said room and which is supplied with a flush water closet in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces and shall be connected in an approved manner to both an approved water system that at all times provides an adequate amount of water under pressure to cause the water closet to be operated properly and to a public or private sewer system which is approved by the appropriate authority. Said water closet shall be equipped with a standard backflow prevention device. D. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink should be in the same room as the flush water closet or if located in another room, the lavatory sink shall be placed adjacent and easily accessible to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority. E. Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated water under pressure and which is connected to a sewer system approved by the appropriate authority. F. Every dwelling unit shall be provided with a supply of potable water, connected with a safe water supply not subject to hazards of backflow or back-siphonage and free from crossconnections to any drainage or unapproved water systems. All water used shall be supplied from a public water system, if reasonably available (within 200 feet of the property line) and/or from a private system approved by the appropriate authority. G. All plumbing including water lines, plumbing fixtures, plumbing stacks, vents, traps, drains and waste or sewer lines serving dwellings and other structures governed by this code, shall be properly installed, connected, maintained and kept free from obstructions, leaks and defects as prescribed by the Bettendorf Plumbing Code.

7 H. Every dwelling unit shall have immediate access to two (2) or more approved means of egress, one of which leads to a safe and open space at ground level or as required by other laws of the state and Bettendorf. I. Structurally sound handrails shall be provided on any stairs containing four (4) risers or more. Porches and balconies located more than thirty (30) inches higher than the adjacent grade shall have structurally sound protective handrails or guardrails thirty-six (36) to forty-two (42) inches high. Construction shall be in accordance with the adopted Uniform Building Code. J. Each dwelling unit shall have facilities for the safe storage of medical and household poisons which are intended to keep such material out of the reach of small children. K. Access to or egress from each dwelling unit shall be provided without passing through any part of another dwelling unit. Such dwellings shall be provided with approved exits, exit ways, fire extinguishers and other appurtenances as required for adequate fire protection when required by UFC. L. No person shall occupy or let to another for occupancy any dwelling unit unless all exterior doors and windows of the dwelling unit are equipped with dead-bolt or latch locking devices. M. Glass subject to human impact such as storm doors and windows, sliding doors, shower doors and tub enclosures, etc., shall be constructed of a safety glazing material. (Ord. 1-98, ) (15-6) MINIMUM STANDARDS FOR LIGHT, VENTILATION AND ELECTRICAL INSTALLATION. A. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms with a minimum of twelve (12) square feet. For the purpose of determining light requirements, any room may be considered as a portion of an adjoining room when one-half (1/2) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area or twenty-five (25) square feet, whichever is greater. Required windows shall open directly onto a street or public alley or a yard or court located on the same lot as the building. B. Every habitable room shall have at least one window or skylight facing directly outdoors which can be opened easily or such other device as will ventilate the room adequately; provided that, if connected to a room or area used seasonally, then adequate ventilation must be possible through this interconnection. 1. Mechanical ventilation: In lieu of operable windows for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms, and public corridors. Onefifth (1/5) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. C. Every bathroom and water closet compartment shall comply with the light and ventilation requirement for habitable rooms contained in subsections A and B of this section, except that no window or skylight shall be required in such rooms if they are equipped with a mechanical ventilation system in working condition which is approved by the appropriate authority. D. When there is usable electric service readily available from power lines which are not more than three hundred (300) feet away from a residential structure, every unit and all public and common areas within shall be supplied with electric service, outlets, and fixtures which shall be

8 properly installed, maintained in good and safe working condition and connected to a source of electric power in an approved manner. The minimum capacity of such services and the minimum number of outlets and fixtures shall be as follows: 1. Every dwelling shall have an electric service and a branch circuit capable of providing at least three (3) watts per square foot of total floor area. 2. Every habitable room shall contain two (2) duplex receptacle outlets. Bathrooms and laundry rooms shall contain at least one duplex receptacle outlet. 3. Every water closet compartment, bathroom, kitchen, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. 4. Convenient switches or equivalent devices for turning on one light in each room or passageway shall be located so as to permit the area ahead to be lighted. E. Every public hall and stairway in every residential structure shall be lighted by natural, if available, or electric light so as to provide continuously in all parts thereof at least ten (10) footcandles of light at the tread or floor level. Every public hall and stairway in structures containing not more than two (2) units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. (Ord. 1-98, ) (15-7) MINIMUM THERMAL STANDARDS. A. No person shall occupy or let to another for occupancy any residential structure, for the purpose of living therein, which does not comply with the following requirements: B. Every residential structure except seasonal residences shall have heating systems which are properly installed and are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of thirty-six (36) inches above floor level under ordinary winter conditions. Nothing contained in this section is intended to prevent any person from complying with any directive or order of the President of these United States or the Governor of Iowa which calls for the reduction in the heat maintained in buildings occupied for living or sleeping purposes. C. No owner or occupant shall install, operate or use a heating system employing a flame that is not vented to the outside of the structure in an approved manner as provided in section (15-8)J of this code. D. Portable electric space heaters shall not be considered as complying with the provisions contained in this chapter when installed in lieu of an approved, installed heating system. They may be used to supplement existing systems if they are of an approved design and property utilized. (15-8) GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF RESIDENTIAL STRUCTURES. All residential structures shall comply with the following requirements: A. Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weathertight and damp-free and shall be kept in sound condition and good repair. Glass or glazing subject to human impact (including frameless glass doors, glass exit and entrance doors, storm doors, sliding glass doors, shower doors and tub enclosures) shall be replaced only with safety glass or glazing conforming to the requirements of the Bettendorf Building Code. Floors,

9 interior walls and ceilings shall be sound and in good repair. Peeling, chipped and cracked painted surfaces shall be eliminated. All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. Toxic paint and other toxic preservative materials shall not be used. Walls shall be capable of affording reasonable privacy for the occupants. Premises shall be graded, drained, free of standing water and maintained in a clean, sanitary and safe condition. All foundation drains and surface water shall deposit to the storm water system or other approved disposal facilities. B. Every window, exterior door and hatchway, or similar device shall be reasonably insect-proof, watertight and weathertight and shall be kept in working condition and good repair. From April 15 to October 15 every window or device with openings to outside space, used or intended to be used for ventilation, shall be supplied with properly fitted screens having at least sixteen (16) mesh. All outside doors, when so used, shall also be equipped with self-closing devices. Such screening shall only be required on the operable portion of windows. C. Every residential structure and premises shall be maintained in a reasonable rodent-free and rat-proof manner. This consists of maintaining the basic integrity of the structure by closing and keeping closed, holes and fissures in foundations, basements, cellars, exterior and interior walls, floors, roofs or other places that may be reached or entered by rats or other rodents by climbing, burrowing or other methods, by the use of materials and other methods approved by the appropriate authority. D. Accessory structures present provided by the owner, agent, tenant or occupant on the premises of a dwelling shall be structurally sound and be maintained in good repair and reasonably free of insects and rats, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials or the use of nontoxic paint or other nontoxic preservatives. E. The exterior of the dwelling shall be maintained to prevent the entrance or harborage of other pests. These include, but are not limited to, bats, birds, mice and skunks. Corrective measures shall be instituted by the appropriate authority when other pest infestations are deemed to be a problem. F. Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, walkway or sidewalk, every porch and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition, good repair, and free of trip hazards. Every inside and outside stair or step shall not exceed eight (8) inches and the treads not less than nine (9) inches. G. Every water closet compartment, bathroom, and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and to permit such floor to be easily kept in a clean and sanitary condition. H. Every plumbing fixture and pipe, every chimney, flue and smoke pipe and every other facility, piece of equipment or utility which is present in a residential structure or which is required under this code, shall be constructed and installed in conformance with the appropriate statutes, ordinances and regulations of the City of Bettendorf. Wood burning chimney flue or flue pipes shall be cleaned as inspected annually or as needed. I. No owner, operator or occupant shall cause any service such as gas, electricity, water, etc., facility, equipment, or utility which is required under this chapter to be removed from, shut off from, or discontinued for any residential dwelling let or occupied by him, except for such a

10 temporary interruption as may be necessary while actual repair or alterations are in process, or during emergencies. J. All construction and materials, ways and means of egress and installation and use of equipment shall conform with the appropriate statutes, ordinances and regulations dealing with fire protection of the City of Bettendorf. K. Effective July 5, 1995, in every rental unit a detector shall be installed at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two (2) or more levels, the smoke detector shall be installed on the upper level, except that when the lower level contains a sleeping area, a detector shall be installed on each level. When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. All detectors shall be located no closer than twelve (12) inches from where the ceiling and wall join. (Ord. 1-98, ) (15-9) MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. A. No person shall let to be occupied any residential structure for the purpose of living therein, unless such residential structure complies with the requirements of this section. B. The maximum occupancy of any dwelling unit shall not exceed the following requirements: for the first occupant, one hundred fifty (150) square feet of floor space and at least seventy (70) square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room areas. C. Habitable rooms, storage rooms and laundry rooms shall have a ceiling height of not less than seven (7) feet six (6) inches. Hallways, corridors, bathrooms and toilet rooms shall have a ceiling height of not less than seven (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 (1/2) the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. D. No space located in a basement shall be used as a habitable room of a dwelling unless: 1. The floor and walls are impervious to leakage from underground and surface runoff water and are insulated against dampness. 2. The total of window area in each room is equal to at least the minimum window area sizes required by this chapter. 3. The total of operable window area in each room is equal to at least the minimum required by this chapter, except where there is supplied some other device affording adequate ventilation and which is approved by the appropriate authority. E. In every dwelling unit consisting of two (2) or more rooms, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space for the first occupant, at least one hundred (100) square feet for the first two (2) occupants and at least fifty (50) square feet of floor space for each additional occupant thereof. F. No dwelling or dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by

11 occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of the dwelling unit. (Ord. 1-98, )

12 SECTION 2 MINIMUM RENTAL HOUSING STANDARDS (15-10) APPLICATION. A. This section is intended for the Residential Rental Properties in addition to the regulations stated in the Minimum Housing Code section. Both sections shall be used as one code in relation to rental properties. (15-11) LICENSING, PERMITS AND INSPECTIONS. ( ) REQUIREMENTS FOR RENTAL PROPERTY. A. General: It shall be a violation of this code for any person to let to another for rent and/or occupancy any dwelling, dwelling unit, duplex, multiple dwelling, sleeping room, single-family dwelling or condominium unless: 1. The owner or agent holds a valid certificate of occupancy compliance, issued by the city, applicable to those portions of the specific structure used for residential rental purposes or affecting any areas used for residential rental purposes; and 2. The owner or agent holds a valid rental license issued by the city, in the name of the owner or agent, applicable to those portions of the specific structure used for residential rental purposes. B. Rental license: A rental license shall be a document issued to each individual property that is properly registered with the city and shall be valid for one year. The document shall be transferable from one owner or agent to another at any time prior to its expiration, termination or revocation. The owner or agent shall notify the city of any change of interest or ownership in the property within thirty (30) days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event the city has not been notified of such conveyance or transfer within the designated period of time, the rental license may be transferred from one owner or agent to another upon payment of a fee, the amount of which shall be established by resolution of the city council. The fees shall be assessed to the new owner or agent. The rental license shall state the date of issuance, the address of the structure to which it is applicable, and its expiration date. All dwelling units and sleeping rooms being let for rent and/or occupancy without a valid rental license with the city and all fees paid may be ordered vacated and/or the owner shall be subject to a citation for a municipal infraction. 1. Registration of rental property: It is the responsibility of the owner and/or rental agent of any building used for rental purposes as defined by this code to register said building with the city for the purpose of rental licensing. Registration shall be made at the building inspection services office. 2. Dwelling inspection schedule: All buildings will be placed on a four (4) year inspection schedule unless, due to repetitive violations, additional inspections may be scheduled. 3. Issuance of a rental license: The city shall issue a rental license upon payment of all fees and/or penalty fees as applicable. 4. Revocation of a rental license: The chief building official or designee shall have the authority to revoke a rental license on any building that is in continual noncompliance with this ordinance. The owner or agent of the affected property shall be notified in writing by certified mail of the license revocation. An appeal may be submitted to the building board of appeals within five (5)

13 working days of the building official's decision, and upon payment of a twenty-five dollar ($25.00) filing fee to the city. The appeal must include the reason for the appeal and a statement detailing relief requested. 5. Appointments for inspections: Appointments for inspections with the owner/agent of the building shall be scheduled by the city. The owner/agent may request the appointment to be rescheduled. However, the inspection shall be performed within thirty (30) days of the original date. An owner/agent shall be required to arrange for access to all portions of the building. Failure to provide access to all portions of the building shall prevent the issuance of a rental license, and thus compliance with the law. The owner/agent shall notify all tenants of the inspection in accordance with the State of Iowa Landlord - Tenants Law, chapter 562A. 6. General procedures for inspections: Inspections shall not be: a. Conducted with a minor as the sole representative of the owner. b. Conducted against the will of the tenant without the building owner/agent present. c. Conducted without prior notice to the tenant, as required by state law. d. Conducted of an occupied dwelling without the owner/agent or tenant of the dwelling or designated agent being present. C. Should the person in control of the unit refuse admittance to the building official or designee and refuse to reschedule the licensing inspection or reinspection, the building official may request that a court of competent jurisdiction issue an administrative search warrant. D. All areas of each dwelling covered by this code shall be inspected. Should access not be obtained to all areas, a reinspection must be scheduled and an additional fee may be charged for each subsequent reinspection in accordance with the established fee schedule. (15-12) RENTAL HOUSING INSPECTION FEE SCALE. Fees are due annually on January 1. Once received, a license will be issued. Landlords must hold a current license and certificate of compliance to rent residential property in the City of Bettendorf per section of the Minimum Housing Code. A current application is due before the inspection date. All units are on a four (4) year inspection cycle. Fees cover cost of the initial inspection and two (2) reinspections and are based on the number of units under one roof. Annual License Fee 1 Unit $ Units $ Units Units Units Units Units Units More than 8 units = $ $1.00 per each unit over 8 Miscellaneous Charges 30 Day Reinspection: No charge** If all corrections are complete, a certificate of compliance will be issued. **Life, health, and safety related violations will be on a shorter reinspection time frame. 60 Day Reinspection: No charge (A total of 60 days is the maximum time allowed for compliance per the housing code). If corrections are complete, a certificate of compliance will be issued. If corrections are not complete, the owner of the property will be billed twenty dollars ($20.00) for each outstanding violation. Any correction not made at this time will be handled by the normal citation process.

14 No Show Fee: $30.00 (per building) Failure to appear or have a representative at scheduled inspection or reinspection is considered a NO SHOW. Late Cancellation Fee: $30.00 Appointments canceled less than forty-eight (48) hours prior to scheduled date will be subject to a late cancellation fee of thirty dollars ($30.00). One reschedule is allowed per property at the discretion of the housing official. Appeal Filing Fee: $25.00 (Nonrefundable) (Ord. 1-98, ) (15-13) NOTICE OF VIOLATIONS. A. Whenever the appropriate authority determines that any rented residential structure, or the premises surrounding any of these, fails to meet the requirements set forth in this code or in applicable rules and regulations issued pursuant thereto, a notice shall be issued setting forth the alleged failures and advising the owner, occupant, or agent that such failures must be corrected. This notice shall: 1. Be in writing. 2. Set forth the alleged violations of this code and applicable rules and regulations issued pursuant thereto. 3. Describe the residential structure where the violations are alleged to exist or to have been committed. 4. Provide a reasonable time, not to exceed sixty (60) days, for correction of violations, or not to exceed ten (10) days for all other violations. 5. Be served upon the owner, occupant, or agent of the residential structure personally, or by certified mail, return receipt requested, addressed to the owner care of the address on the tax records of the county auditor or to the responsible occupant or agent. If one or more persons to whom such notice is addressed cannot be found after diligent efforts to do so, service may be made upon such person or persons by posting a notice in, on or about the residential structure described in the notice, or by causing such notice to be published in a newspaper of general circulation. B. At the end of the period of time allowed for the correction of any alleged violation, the appropriate authority shall reinspect the residential structure described in this notice. When the alleged violation constitutes a dangerous building as determined by the Uniform Code for the Abatement of Dangerous Buildings, the reinspection then shall be conducted by the Bettendorf Building Official or his/her designee, who shall proceed thereafter as set forth in the Uniform Code for the Abatement of Dangerous Buildings. Upon failure to correct the problem, a citation will be issued. (Ord. 1-98, ) (15-14) CORRECTIVE ACTION AND DEMOLITION. A. Whenever an owner, operator or agent of a dwelling, dwelling unit or rooming unit fails, neglects or refuses to make repairs or other corrective action called for by a second order or notice of violation issued, the city may undertake such repairs or action, when in its judgment a failure to make them will endanger the public health, safety or welfare, and the cost of such repairs and action will not exceed fifty (50) percent of the fair market of the structure to be repaired.

15 1. Notice of the intention to make such repairs or take other corrective action shall be served upon the owner, operator or agent pursuant to section (15-13) of this code. 2. Every owner, operator or agent of a dwelling, dwelling unit or rooming unit who has received notice of the intention of the appropriate authority to make repairs or take other corrective action shall give entry and free access to the agent of the appropriate authority for the purpose of making such repairs. Any owner, operator or agent of a dwelling, dwelling unit or rooming unit, who refuses, impedes, interferes with, hinders or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall be subject to a civil penalty of fifty dollars ($50.00) for each such failure to comply with this section. 3. When corrective action is taken at the direction of the appropriate authority, cost of corrective action shall constitute a debt in favor of the City of Bettendorf against the owner of the structure. In the event such owner fails, neglects or refuses to pay the City of Bettendorf the amount of this debt within thirty (30) days or such other length of time agreeable to the City of Bettendorf, the amount shall be certified by the clerk of the county auditor as a special tax against the parcel of ground, and shall be collected the same as other taxes. B. Designation of unfit residential structures: Any residential structure shall be designated as unfit for human habitation when any of the following defects creates a hazard to the health, safety or welfare of the occupants or of the public and if not covered by the Uniform Code for Abatement of Dangerous Buildings: 1. Is vermin infested. 2. The general condition of the property is unsanitary, unsafe or unhealthful. 3. Lack of an adequate potable water supply. 4. Lack of an approved waste water treatment and disposal facility. 5. Does not conform to the minimum thermal requirements. C. Whenever any residential structure has been designated as unfit for human habitation, the appropriate authority shall placard the residential structure indicating that it is unfit for human habitation, and, if occupied, shall order the residential structure vacated within a reasonable time. D. No residential structure which has been designated as unfit for human habitation, has been placarded as such and vacated, shall be used again for human habitation until written approval is secured from the appropriate authority and the placard removed by the appropriate authority. E. The appropriate authority shall rescind the designation as unfit for human habitation and remove the placard when the defect or condition upon which such designation and placarding was based has been removed or eliminated and the residential structure is deemed by the appropriate authority as a safe, sanitary and fit place or unit for human habitation. F. No person shall deface or remove the placard from any residential structure which has been designated as unfit for human habitation and has been placarded as such, except as provided in the previous paragraph. G. Any person affected by any decision of the appropriate authority or by a designation or placarding of a residential structure as unfit for human habitation shall be granted a reconsideration on the matter under the procedure set forth in subsection H of this section. H. Demolition of residential structures designated as unfit for human habitation: 1. The appropriate authority shall order a residential structure to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair so as to rescind the designation as unfit for human habitation and to

16 cause the placard to be removed, and is determined by the appropriate authority not to warrant repair under subsection (15-14)A of this section. 2. The owner of any residential structure which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in section (15-13) of this code and shall be given a reasonable time, not to exceed ninety (90) days, to demolish such structures. 3. Any owner aggrieved by the notice to demolish may, within twenty-one (21) days after notice, seek a reconsideration of the matter in the manner hereinafter provided, and may seek a formal hearing in the manner provided in section (15-15) of this code. 4. When the owner fails, neglects, or refuses to demolish an unfit, unsafe or unsanitary residential structure within the requisite time, the health authority may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. A bill for the cost of such demolition shall be presented to the owner. If the costs are not paid within thirty (30) days or such other length of time agreeable to the city, the amount shall be certified by the clerk to the county auditor as a special tax against the parcel of ground, and shall be collected the same as other taxes. 5. Whenever a dwelling is demolished, whether carried out by the owner or by the appropriate authority, such demolition shall include the filling in of the excavation on which the demolished dwelling was located, in such manner as to eliminate all potential danger to the public health, safety or welfare arising from such excavation. Also, control of entry to the demolition site shall be adequately maintained for the purpose of safety and health. 6. All demolition shall be preceded by an inspection of the premises by the appropriate authority to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during and after the demolition. (15-15) APPLICATIONS FOR RECONSIDERATION; CONFERENCES, HEARINGS; APPEALS. A. Any person aggrieved by the time constraints issued by the building official in connection with any alleged violation of this code or of applicable rules and regulations shall have the right to appeal within ten (10) working days after the notice has been issued to the building board of appeals of the city for a reconsideration of the time limitation. B. An appeal may be submitted to the building board of appeals within ten (10) working days of the building official's decision, and upon payment of a twenty-five dollar ($25.00) filing fee to the city. The appeal must include the reason for the request and a statement detailing relief requested. C. Any person aggrieved by a notice of the appropriate authority issued in connection with any alleged violation of this code or of applicable rules and regulations issued pursuant thereto, or by an order requiring corrective action of demolition pursuant to section (15-14) of this code, or the decision made pursuant to the informal conference may file with the building board of appeals a petition setting forth the reasons for contesting the decision or notice. D. Such petition shall be filed within ten (10) working days after the notice of violation has been issued or within ten (10) working days after the applicant has received the decision of the informal conference.