ORDINANCE NO. 14,432
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Article IV, Neighborhood Inspection Rental Code and Residential Public Nuisance Code of Chapter 26, Building and Building Regulations and adding and enacting a new Chapter 60, Housing Code, Sections 60-1 through 60-377, relating to neighborhood inspection rental code, real estate installment contract sales inspection and residential public nuisance code.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by by repealing Article IV, Neighborhood Inspection Rental Code and Residential Public Nuisance Code of Chapter 26, Building and Building Regulations and adding and enacting a new Chapter 60, Housing Code, Sections 60-1 through 60-377, relating to neighborhood inspection rental code, real estate installment contract sales inspection and residential public nuisance code, as follows:
Chapter 60 HOUSING CODE
DIVISION 1. GENERALLY
Sec. 60-1. Title.
This article will be known as the Neighborhood Inspection Rental Code.
Sec. 60-2. Adoption of International Property Maintenance Code.
(a) This article shall adopt the International Property Maintenance Code, 2000 edition, published by the International Code Council, which volume is incorporated in this section by this reference with full force and effect as if set forth in its entirety, except for those portions as are stated in this article to be deleted therefrom and added thereto.
(b) This article and all provisions incorporated in this article, by reference or otherwise, shall be known as the Neighborhood Inspection Rental Code, shall be cited as such and will be referred to in this article as such and as "this code" or as "this article." References made in this article to chapters will be to chapters of the International Property Maintenance Code. References to section numbers not preceded by "26-" will be to sections in the International Property Maintenance Code. Where the city municipal code is the subject of reference in this article, it will be referred to as "the Municipal Code."
(c) An official copy of this code and a certified copy of this article are on file in the office of the city clerk.
Sec. 60-3. Deletions.
The following sections are deleted from the International Property Maintenance Code, and are of no force or effect in this article:
(1) Chapter 1 Section 102.3
Section 103 in its entirety.
(2) Section 104.1, 104.2, 104.3, 104.5, 104.6, 104.7,
Section 105 in its entirety.
Section 106 in its entirety.
Section 107 in its entirety.
Section 108 in its entirety.
Section 109 in its entirety.
Section 110 in its entirety.
Section 111 in its entirety.
(3) Chapter 2 in its entirety.
(4) Chapter 3 Section 302.4, 302.6; 302.7.2,302.8
(5) Chapter 5 Section 502.3, 502.4, 502.4.1, 507.1
(6) Chapter 6 Section 606 in its entirety.
Sec. 60-4. Amendments and additions.
The remaining sections of this article represent amendments and additions to the requirements contained in the International Property Maintenance Code. In the event of a conflict between the International Property Maintenance Code and this article, the requirements of this article prevail.
Sec. 60-5. Scope, applicability
and exceptions
The provisions of Division I through IV of this article shall apply to the maintenance, repair, equipment, use and occupancy of all residential rental buildings and structures now in existence or hereafter constructed, rehabilitated, renovated or converted to residential use within the corporate limits, except those buildings and structures specifically excluded from the provisions of this article and public nuisance structures as defined in Division 8. Any structure that was in compliance on the day previous to the adoption of this code will be allowed to remain.
EXCEPTIONS:
The provisions of this article do not apply to:
(1) Buildings, structures and uses owned, licensed and operated by any governmental unit or governmental agency;
(2) Single-family
dwellings occupied by the owner, as defined in this chapter, or members of that
owner’s immediate family. Such members
are defined as parents, grandparents, children and grandchildren. Owners must register the names of the
immediate family members who reside in the dwelling on an annual basis and
whenever there is a change in occupancy;
(3) Transient shelters and group homes subject to state inspection;
(4) Residential structures in which ownership passes to a governmental unit;
(5) Where a nonresidential business or activity or a state-licensed or state-approved use occupies a portion of a building and the building contains premises which would otherwise be subject to this article, this article shall be and remain applicable to the residential and common or public areas of such building and premises;
(6) A duplex, at least one of the units of which is occupied by the owner, as defined in this chapter, and the other unit is occupied by a member of that owner’s immediate family, as defined in subsection (2) of this section.
Sec. 60-6. Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms have the following meanings and shall be so construed wherever they appear in this article:
Appropriate authority: The Neighborhood Inspection Officer.
Basement: That portion of a building
which is partly or completely below grade.
Bathroom: A room containing plumbing
fixtures including a bathtub or shower.
Bedroom: Any room or space used or intended to be used for sleeping purposes.
Cellar: That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
Central heating plant or heating plant: Heating equipment installed in a manner to supply heat by means of ducts or pipes to areas other than the room or space in which equipment is located, and shall include the chimney and all required vents.
Condominium: A single dwelling unit located within a multi-unit structure where each unit is separately held by deed in conformity with I.C. § 499B.5.
Corporate unit: The City of Des Moines.
Code official: The Neighborhood Inspection Officer charged with the administration and enforcement of this code, or any duly authorized representative.
Duplex: A building containing two attached dwelling units under the same ownership.
Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Exit: A continuous and unobstructed means of access to a public way, including intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts, and yards.
Exterior Property: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
Extermination: The control and elimination of insects, rats or other pests by elimination of harborage places; by removing or making inaccessible materials that serve as food; by poison spraying, fumigation, trapping or by any other approved pest elimination method.
Fuel burning appliance: Any device which utilizes combustible fuel to produce heat for cooking, water heating or room heating.
Garbage: Animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Grade: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, where the property line is more than five feet from the building, between the building and a line five feet from the building.
Guards: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
Habitable Space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility space and similar areas are not considered habitable spaces.
Infestation: The presence of insects, rats, vermin, or other pests within or contiguous to a structure or premises.
Junk: Second hand, worn or discarded articles of any kind having little or no commercial value.
Lead-based Paint: Any liquid substance applied or intended for application to surfaces containing more lead by weight than the percentage allowed by federal regulations now existing or hereafter adopted, calculated as lead metal in the total nonvolatile content of such liquid substance or in the dry film of such liquid substance after application.
Neighborhood Inspection Division: The division within the city charged with the duty to inspect dwelling units, rooming houses, rooming units, premises and structures for compliance with this article, and may also mean, as the context indicates, a member of that division.
Neighborhood Inspection Officer: The administrator of the Neighborhood Inspection Division or his designee. The officer shall be the authorized representative for the enforcement of this article and for the administration of the division.
Mobile home: Any vehicle without motive power and so designed, constructed, or reconstructed as to permit the vehicle to be used as a place for human habitation by one or more persons. It may also include any such vehicle with motive power not registered as a motor vehicle in this state. A mobile home is factory-built housing built on a chassis. A mobile home may not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations pertaining thereto, whether or not wheels, axles, hitches or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.
Multiple dwelling: Any dwelling containing more than two dwelling units or rooming units. For purposes of this article the area of common ownership in a condominium, and the area in any single apartment unit rented, let or leased to and occupied by other than its record titleholder for housing purposes in a condominium shall be deemed a multiple dwelling or multiple dwelling unit, as appropriate.
Openable Area: The part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Owner: For purposes of this article, except divisions 8 and 9, means the holder of legal title or contract purchaser as well as an agent for the receipt of notice, legal process or other service or any individual acting in a fiduciary capacity for the record titleholder or contract purchaser.
Owner: For purposes of divisions 8 and 9 of this article, shall mean any person who has an interest of record, including any titleholder, contract purchaser, tenant under a recorded lease or any executor, administrator, trustee, conservator or other fiduciary, mortgagee or other lien holder, and any holder of an unrecorded interest of which the city has actual knowledge.
Person: Any natural person and any entity that is recognized by law as having the rights and obligations of a natural person.
Plumbing: The practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities; venting systems; public or private drainage or storm drainage facilities; the public or private water supply systems within or adjacent to any building, structure or conveyance; the installation, maintenance, extension, or alteration of the storm water, liquids, or sewerage and water-supply systems to their connection with any point of public disposal or other acceptable terminal.
Record titleholder: Any person holding title of record by deed, contract of sale, or judicial determination. The term "record titleholder" shall also include the official representatives of a bona fide religious organization which is titleholder.
Rental Buildings and Structures: Dwelling which are occupied by one or more persons, none of whom are record titleholder.
Rooming House: A building offered or occupied for lodging, with or without meals, and not occupied as a one or two-family dwelling.
Rooming unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
Rubbish: Combustible and non-combustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and other similar material.
Shall means as follows:
(1) With respect to the functions and powers of the Neighborhood Inspection Officer and that officer's subordinates, employees and agents of the city and any board authorized and empowered hereunder, a direction and authorization to act in the exercise of sound discretion, good faith and reasonable judgment.
(2) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this article at the risk of civil and criminal liability upon failure to act.
Tenant: A person, corporation, partnership or group, not the legal owner of record, occupying a building or portion thereof as a unit.
Toilet Room: A room containing a water closet or urinal but not a bathtub or shower.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
Workmanlike: Executed in a skilled manner, generally plumb, level, square, in line, undamaged, and without marring adjacent work.
Sec. 60-7‑‑60-49. Reserved.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT*
Sec. 60-50. Powers, duties, and enforcement.
(a) The Neighborhood Inspection Division shall cause inspections to be made to determine the condition of rental dwellings, dwelling units, rooming houses, rooming units, dormitories, mobile homes, similar dwellings and accessory structures located within the corporate limits, and may issue notices as provide in this article.
(b) Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have discretionary authority to allow modifications in individual cases, provided that the modification is in accord with the purpose and intent of this code and such modification does not endanger health, safety, or welfare. Any modification will be recorded and entered in the department files.
(c) The Neighborhood Inspection Officer or his designees are authorized to enter at reasonable times to inspect. If entry is refused or not obtained the code official is authorized to pursue recourse as provided by law.
(d) The enforcement of this article is not to be construed for the particular benefit of any individual or group of persons, other than the general public.
(e) Neither the city, any city employee nor any agent thereof shall be liable for damages as a result of any act or failure to act in the enforcement of this article. This article is not to be construed to relieve or diminish the legal obligation of any other person.
Sec. 60-51. Regulation and Inspection of mobile homes.
Mobile homes shall be regulated and inspected in accordance with the following classifications:
(1) The class of mobile homes denoted as manufactured homes, as defined in 42 USC 5402(6), shall bear a data plate, serial number and certification label as required by Manufactured Home Construction and Safety Standards, Department of Housing and Urban Development (1985), sections 3280.5, 3280.6 and 3280.8, or shall meet the requirements of section 3280.7;
(2) Mobile homes manufactured from March 1973 through May 1976 shall bear the seal of the state;
(3) Mobile homes manufactured prior to March 1973 shall be inspected for general conformity with the Manufactured Home Construction and Safety Standards cited in subsection (b)(1) of this section as such standards govern fire safety, plumbing, mechanical and electrical systems and general construction;
(4) All other mobile homes not included in the classifications in subsections (b)(1) through (3) of this section shall be inspected for general conformity with the Manufactured Home Construction and Safety Standards cited in this subsection as such standards govern fire safety, plumbing, mechanical and electrical systems and general construction;
(5) A mobile home showing no evidence of modification and generally well-maintained as set forth in this article, shall be issued a housing certificate in the same manner as any other dwelling subject to this article.
Sec. 60-52. Required
owner/agent information.
Owners of residential rental property in the city who reside in Polk County or any county contiguous thereto shall provide the Neighborhood Inspection Division with their physical addresses and telephone numbers. Owners of residential rental property in the city who reside in any other county shall provide the Neighborhood Inspection Division with the name and physical address of an individual over the age of eighteen (18) who shall reside in Polk County or any county contiguous thereto and who shall be designated as agent for receiving notice and service of process. A new owner shall provide the information required in this subsection within five days from the date of any change of ownership.
Sec. 60-53. Rental certificate
required.
No owner shall rent, let, lease, or otherwise allow the occupancy of any dwelling, dwelling unit, or rooming unit unless that owner holds a valid rental certificate.
Sec. 60-54. Fees and rental
certificates.
1. Rental inspection fees and reinspection fees will be charged in the amount set forth in the Schedule of Fees adopted by the City Council by resolution.
2. Certificates will be issued for the following periods:
a) Thirty six (36) months for single family and duplex structures. Properties that comply upon renewal inspection may request to pay a 33% additional fee and receive a 48 month rental certificate;
b) Twenty four (24) months for multiple family dwellings, condominiums, and rooming houses. Properties that comply upon renewal inspection may request to pay a 50% additional fee and receive a 36 month rental certificate;
c) Rental certificates will be issued when all requirements of sections 26-475 and section 26-476 have been met.
3. At the inspectors discretion, owners may certify in writing to the Neighborhood Inspection Division that violations have been corrected when a property does not have more than two violations per unit, cumulative per structure, upon a renewal inspection and the property has not had more than two violations per unit, cumulative per structure, upon the past two renewal inspections. No reinspection fee will be charged for this self inspection.
4. Newly constructed or renovated rental structures will be required to pay a registration fee in the amount set forth in the Schedule of Fees adopted by the City Council by resolution when the Certificate of occupancy is issued. Multiple structures will not be inspected for 24 months and 36 months for SFD and duplex structures unless a complaint has been made. Thereafter applications and reinspections will occur in accordance with this article.
Sec. 60-55. Procedure for
inspections.
A. At least thirty (30) days prior to initial occupancy as a rental property the owner or agent of a new rental property shall apply to the Neighborhood Inspection Division for inspection of the structure and all units therein. The owner of the property shall be required to sign and return the application, which will include the information required by section 26-472 of this article.
B. Prior to the renewal inspection of a structure with an existing rental certificate the Neighborhood Inspections Division shall send the property owner or agent a notice of expiration and application update that shall be signed and returned. The notice shall include the expiration date of the current certificate and pertinent information for contacting the correct inspector.
C. The neighborhood inspection officer shall inspect the property. If the property is in compliance with this article, the certificate will be issued and a bill will be sent for all fees owed.
Sec. 60-56. Notice of violation
and method of service.
If the Neighborhood Inspection Officer determines that there are reasonable grounds to believe that premises are being maintained in violation of this article, that officer shall give notice of the alleged violation to the owner of the premises. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Describe the violation and remedial action required;
(4) All health, safety and maintenance violations must be corrected within 30 days from receipt of this notice. Any maintenance items which cannot be completed at this time because of weather constraints may be granted a time extension. Time extensions to be negotiated with the owner/agent of the property and the inspector.
(5) State that if upon reinspection a violation still exists the Neighborhood Inspection Officer shall order that the rental certificate be suspended and the structure vacated.
(6) Be mailed to the owner of the premises or agent designated for receipt of service.
(7) State the time to file an appeal, the amount of the appeal fee, the right to call witnesses and the right to be represented by counsel.
Sec. 60-57. Complaint by tenants and retaliatory actions.
Unless there are significant health or safety issues, if the property has a valid rental certificate, a tenant must first complain to the owner or agent. Forms for that purpose will be available in the Neighborhood Inspections Division office.
(a) An owner or agent shall have seven (7)
calendar days to address the complaint.
If the complaint is not remedied to the tenant’s satisfaction within
seven (7) calendar days the Neighborhood Inspection Officer will schedule an
inspection appointment with the tenant and owner. If violations are found an inspection fee in accordance with
Section 26- 474 shall be charged.
(b) No person shall maintain an action for eviction because the occupant has reported a violation of this article or a related provision of the city code to the Neighborhood Inspections Officer or other city employee.
(c) No person shall cause any service, facility, equipment or utility required under this article to be removed, shut off or discontinued in retaliation for a complaint.
Sec. 60-58. Rental
certificate.
The rental certificate issued under this article shall contain the following information:
(1) The address and type of structure;
(2) The date of inspection;
(3) The date of issuance;
(4) The expiration date.
Sec. 60-59.
Rental certificate display and transferability.
A current rental certificate issued under this article shall not be invalidated by sale or transfer of the property. The owner of a multiple dwelling unit shall display a copy of the rental certificate in a common hallway of each building or in the onsite management office. The owner of single family and duplex dwellings must be able to show a copy of the rental certificate upon request.
Sec. 60-60.
Notices on sale of dwelling.
(a) A seller of a rental property, including property occupied under authority of an unrecorded contract for sale, shall inform the prospective buyer of the following at least 14 days prior to the closing:
(1) Current status of the rental certificate;
(2) Any outstanding notice regarding violations of the Neighborhood Rental Inspection Code;
(3) The existence of any court or administrative proceeding which pertains to alleged violations of the Neighborhood Inspection Rental Code, stating the case numbers and names of all parties to the proceedings.
(b) Every seller of a rental property shall give notice in writing to the Neighborhood Inspection Division within two business days after closing. This notice shall include the name and address of the buyer.
(c) Each buyer of an interest in rental property shall give notice in writing to the Neighborhood Inspection Officer within two business days after closing. The notice shall identify the address of the affected property, the name and address of all parties named in the contract, and the interests in the property conveyed or received by each party. The buyer shall also provide a copy of the real estate contract or memorandum of contract recorded with the county recorder pursuant to I.C. § 558.46, showing the date, book, and page within ten days of recording.
Sec. 60-85.
Penalties for failure to correct violations.
(a) An owner who fails to correct a violation of this article by the date set forth in the notice of violation shall be subject to a cumulative fine in the amount set forth in the Schedule of Administrative Penalties adopted by City Council Resolution under the following circumstances;
1) For each day the owner fails to arrange for an inspection within the time set forth in subsection 26-476(5);
2) For each violation not corrected within the time designated in the notice of violation, unless within such time the owner has been granted an extension of time;
(a) Failure to arrange for a timely reinspection shall give rise to a presumption that the violation was not corrected and a fine shall be imposed accordingly;
(b) Violations not corrected in the allotted time shall be subject to the maximum fine, retroactive to the original date set forth in the violation notice.
Sec. 60-86.
Actions to enjoin and to collect costs.
(a) In addition to the penalties provided in this Article or in section 1-15 of the Municipal Code, when any dwelling, building or structure is constructed, altered, converted, used or maintained in violation of any section of this article, the city may bring suit in the district court to:
(1) Prevent unlawful construction, alteration, conversion, or maintenance;
(2) Restrain, correct, or abate such violation or nuisance;
(3) Prevent the occupation of the dwelling, building or structure;
(4) Prevent any other violation of this article; and
(5) Obtain a judgment for costs and expenses to enforce this article.
Sec. 60-87. Municipal infractions and penalties.
(a) Any person who violates this article shall be guilty of a municipal infraction punishable pursuant Municipal Code section 1-15. Any person who violates a section of this article after having previously been found guilty of violating the same section of this article at the same location shall be guilty of a repeat offense.
(b) Relief under this section shall be in addition to the remedies set forth in section 26-492.
Sec. 60-88.
Assessment of costs.
All inspection fees, reinspection fees, demolition costs, administrative costs and legal costs incurred by the Neighborhood Inspection Division in the enforcement of this article may be collected by an assessment placed against the real estate to be collected as a property tax or by judgment entered against the owner personally or against the real estate.
Sec. 60-89--60-99.
Reserved.
Sec.
60-100. Housing appeals board.
a) There
is established a board known as the Housing Appeals Board.
b) The
Housing Appeals Board shall consist of the following separate persons: one
realtor licensed in this state; one architect or structural engineer registered
in this state; two contractors experienced in construction and remodeling;
three representatives of the general public, one of whom has a demonstrated
interest in historic preservation. Each member shall serve a three-year term.
c) If
the city council by resolution finds that no suitable person with the required
qualifications is available for appointment to fill a vacancy on the Housing
Appeals Board that has remained open for at least two months, then the city
council may appoint a representative of the general public to fill the
vacancy. The member so appointed shall
not be reappointed unless the city council by resolution finds that no suitable
person with the required qualifications is then available for appointment to
the Housing Appeals Board.
Sec. 60-101.
Duties.
The Housing Appeals Board shall:
(1) Hold bimonthly hearings of appeals filed with the Neighborhood Inspection Division under section 26-513 and concerning properties referred to the board by the city council or Neighborhood Inspection Division;
(2) Decide whether to grant variances under section 26-517;
(3) Rule on requests for additional time, provided that the granting of such additional time does not endanger the life, health or safety of the occupants or the integrity of the structure;
(4) Direct that legal action be brought to enforce the Neighborhood Inspection Rental Code
(5) Make specific recommendations to the city council regarding matters pertaining to this article; and
(6) Elect a chair from among themselves who will serve for a term of one year. The chair shall be the administrative officer and shall preside at meetings and hearings.
Sec. 60-102.
Appeals filed.
(a) Any owner objecting to a notice may file a written appeal with the Neighborhood Inspection Division requesting a hearing before the Housing Appeals Board. An appeal shall be filed within 10 days of the date of the inspection notice. An untimely appeal shall not be accepted, unless in the discretion of the Neighborhood Inspection Officer good cause is shown for the untimely filing.
(b) An appeal objecting to an inspection notice shall be accompanied by a receipt from the city treasurer showing payment of a filing fee charged in the amount set forth in a Schedule of Fees adopted by the City Council by resolution. The appeal shall state those items that are being contested. The filing fee shall be refunded if the board rules that the objection is valid.
(c) An appeal consisting of an application for a variance shall be accompanied by a receipt from the city treasurer showing payment of a nonrefundable filing fee charged in the amount set forth in a Schedule of Fees adopted by the City council by resolution.
(d) An owner referred to the Housing Appeals Board for failure to comply with an inspection notice shall be charged an administrative fee in the amount set forth in a Schedule of Administrative Penalties adopted by the City Council by resolution, if the board finds in favor of the Neighborhood Inspection Division.
(e) If a structure referred to the Housing Appeals Board is brought into compliance prior to that board meeting, an administrative fee in the amount set forth in a Schedule of Administrative Penalties adopted by the City Council by resolution, shall be charged.
(f) The Neighborhood Inspection Officer shall notify the appellant and all board members of the date, time and location of the hearing.
Sec. 60-103. Hearing.
At the hearing the appellant shall have the opportunity to be heard, the right to call witnesses and to be represented by counsel. If represented by counsel, the name, address and telephone number of such counsel shall be submitted to the Neighborhood Inspection Division seven (7) days prior to that meeting. The Housing Appeals Board shall issue a ruling which must be based upon evidence in the record. The department shall keep an accurate record of the proceedings. A copy of the minutes shall be issued to all members of the board prior to the next Housing Appeals Board meeting
Sec. 60-104. Power to impose
fines.
(a) The Housing Appeals Board may impose a fine, the amount of which shall be determined upon recommendation of the Neighborhood Inspection Division. The board shall have the authority to impose the maximum fine, a lesser fine or to waive the fine upon good cause shown.
(b) The Neighborhood Inspection Division shall send a notice of the decision of the Housing Appeals Board to the owner stating the amount of the fine imposed. If the owner neglects to pay the fine, the fine may be collected by a court action against the owner or by an action against the real property. A court action against the owner may be joined with an action against the real property.
(c) If a property is brought into compliance the owner may, within ten days of reinspection, file with the Neighborhood Inspection Division a request to have the imposition of the fine reviewed by the Housing Appeals Board. The board may reduce, rescind or affirm the imposition of the fine.
Sec. 60-105. Stay upon appeal.
When an appeal is filed under this division the Neighborhood Inspection Officer shall stay all proceedings regarding the appeal until the appeal is decided.
Sec. 60-106. Power to grant variances.
Upon application and after a hearing as provided in section 26-514, the Housing Appeals Board may grant a variance from a provision of division 6 of this article upon a showing of each of the following:
(1) The burden on the owner to comply outweighs any resulting benefit to the public health, safety, and welfare;
(2) Because of the design or construction of the dwelling strict compliance would cause undue hardship;
(3) Strict compliance with such section would be arbitrary; and
(4) A variance would be in harmony with the intended spirit and general purpose of this article to secure the public health, safety and welfare.
Sec. 60-107. Limitation and revocation of variance.
(a) The Housing Appeals Board may set reasonable conditions and safeguards to promote the public health, safety, and welfare when granting a variance.
(b) The board may revoke a variance at any time upon a showing that the basis for granting the variance no longer exists or upon a showing that a condition of the variance has been violated.
(c) Before revoking a variance the board shall notify the owner in the manner set forth in section 26-476 and proceed to a hearing as set forth in sections 26-514 and 26-515.
Sec. 60-108. Habitual violators.
(a) An owner who fails to correct a violation within the time period given by notice and who has been required to appear before the Housing Appeals Board for such failure three times or on three separate properties during a 12-month period shall be deemed a habitual violator if found by the board to have failed to correct the violations without good cause. Upon finding that the owner is a habitual violator, an agent or representative of such owner may also be deemed a habitual violator as to those properties.
(b) The Housing Appeals Board is authorized to order the unified inspection of all properties owned or managed by a habitual violator. The fee for this unified inspection will be charged at regular inspection rates as set forth in section 60-54. The owner or manager may be placed on an accelerated inspection schedule by the board, thereby reducing certification periods, if the result of the unified inspection justifies such action. The fees as set forth in subsection 26-474 shall be charged for such inspections.
Sec. 60-109--60-119. Reserved.
Sec. 60-120.
General maintenance.
(a) The Owner of the premises shall maintain the structures and exterior property in compliance with the requirements of Chapter 3 of the International Property Maintenance Code, except as otherwise provided for in this Rental Inspection Code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling unit or premises which they occupy and control.
(b) All repairs shall be done in a workmanlike manner and the site maintained in a safe and sanitary condition. All work must be done in accordance with the International Building Code, International Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, and the ICC Electrical Code.
(c) Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(d) Grading and drainage: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water. Exception: Approved retention areas and reservoirs.
(e) Sidewalks and driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(f) Rodent harborage: All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by an approved process which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent further reinfestation.
(g) Accessory structures: All accessory structures, including detached garages, fences, and walls, shall be structurally sound and in good repair.
(h) Protective treatment: All exterior surfaces shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(i) Structural members: All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead or live loads.
(j) Foundation Walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(k) Exterior walls: All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(l) Roofs and drainage. The shingles and flashing shall be in good repair and weather tight. No more than three layers of shingles are allowed, unless the fourth layer is already installed and free of defects. Soffit, facia, and trim must be in good repair and impervious to weather. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(m) Stairways, decks, porches and balconies: Every exterior stairway, deck, porch, and balcony and all appurtenances attached thereto, shall be maintained structurally sound in good repair with proper anchorage and capable of supporting the imposed load.
(n) Chimneys and towers: All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating material, such as paint or similar surface treatment.
(o) Handrails and guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition, as specified in section 26-553.
(p) Windows, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(q) Openable windows. Every window other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(r) Screen: All openable windows in habitual rooms, inclusive of all bathrooms shall be supplied with approved tight fitting screens of not less than 16 mesh per inch. All screen doors required for ventilation shall be supplied with 16 mesh per inch. Every swinging door shall have a self-closing device in good working order.
(s) Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and rooming units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. of the International Property Maintenance Code.
(t) Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Sec. 60-121. General
maintenance interior.
(a) General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a dormitory, two or more dwelling units, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(b) Structural Members: All structural members shall be maintained structurally sound and capable of supporting the imposed loads.
(c) Interior Surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
(d) Stair and walking surfaces: Every stair, ramp, landing, balcony, porch, deck, or other walking surface shall be maintained in sound condition and good repair.
(e) Handrails and guards: See Section.26-553.
(f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer for the attachment hardware.
Sec. 60-122.
Rubbish and garbage.
(a) Accumulation of rubbish or garbage. All exterior property and the interior of every structure shall be free from any accumulation of rubbish or garbage.
(b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(c) Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner for the premise shall be responsible for the removal of rubbish.
(d) Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility of approved garbage containers.
(e) Garbage facilities: The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupant: or a garbage container.
(f) Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premise for disposal.
Sec. 60-123.
Extermination.
(a) Infestation. All structures shall be kept free from insect and rodent infestation. Where insects or rodents are found they shall promptly be exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(b) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
(c) Single occupant. The occupant of a one family dwelling shall be responsible for extermination on the premise.
(d) Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house shall be responsible for extermination in the public or shared areas of the structure and exterior property.
(e) Occupant. The occupant of any dwelling unit shall be responsible for the continued rodent and pest-free condition of the structure. Exception: where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
Sec. 60-124.
Basement and cellar space.
No basement or cellar space shall be used as a habitable room, dwelling unit or rooming unit unless all requirements for habitable space have been met:
(1) Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet.