Here is the final draft of Chapter 29 that will be presented to the council Tuesday February 12th at noon.
if you have any question, please let me know and I will try to get an answer:
[email protected] Phone = (319)329-0117
Or go directly to Ray:
Raymond Nees, CBCO [email protected] Assistant Manager of Building Services Cedar Rapids, Iowa 319-286-5857
ORDINANCE NO.
2012 HOUSING CODE
Table of Contents: Housing Code of Cedar Rapids
Section 1……………………………………………Existing Code Repealed
Section 2……………………………………………Severability
Section 3……………………………………………Adoption of Code
Section 4……………………………………………Code on File
Section 5……………………………………………Violations
Section 6……………………………………………Effective Date
ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CEDAR RAPIDS, IOWA, BY REPEALING CHAPTER 29 THEREOF, ENTITLED “HOUSING CODE; ENACTING AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 29, ENTITLED “HOUSING CODE,” CONSISTING OF THE ORDINANCE HEREAFTER SET FORTH WHICH ADOPTS BY REFERENCE, WITH CERTAIN LOCAL AMENDMENTS, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, INCLUDING APPENDIX A, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, TOGETHER REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL RESIDENTIAL PROPERTY, THE DECLARATION OF PROPERTY UNFIT FOR OCCUPANCY AND/OR USE, THE DEMOLITION OF CERTAIN PROPERTY AS PROVIDED THEREIN, THE CONDUCT OF ALL RESIDENTIAL RENTAL BUSINESS WITHIN THE CITY, AND THE TERMS ON WHICH PENALTIES SHALL BE IMPOSED FOR VIOLATION OF SAID CODE; AND, FURTHER BY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR RAPIDS, IOWA, as follows:
SECTION 1. Chapter 29 of the Municipal Code of the City of Cedar Rapids, Iowa, entitled, “HOUSING CODE” is hereby repealed and a new Chapter 29 is hereby adopted in lieu thereof, as follows:
“HOUSING CODE
Local section no. Provision of IPMC
29.01………….…………………………………International Property Maintenance Code adopted
Subchapter 1 – Amendments to PMC Provisions on Administration
29.02………………………………………………..Section 101.1 Title
29.03………………………………………………..Section 102.2 Maintenance
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29.04………………………………………………..Section 102.3 Application of other Codes
29.05………………………………………………..Section 103.1 General
29.06………………………………………………..Section 103.5 Fees
29.07………………………………………………..Section 104.3.1 Warrant
29.08………………………………………………..Section 106.2 Notice of Violation
29.09………………………………………………..Section 106.4 Violation Penalties
29.10………………………………………………..Section 107.2 Form
29.11………………………………………………..Section 107.3 Method of Service
29.12………………………………………………..Section 108.5 Prohibited Occupancy
29.13………………………………………………..Section 111.1 Application for Appeal
29.14………………………………………………..Section 111.1.1 Waiver
29.15………………………………………………..Section 111.2 Membership of Board
Subchapter 2 – Amendments to IPMC Definitions
29.16………………………………………………..Section 202 General Definitions
Subchapter 3 – Amendments to IPMC Provisions on General Requirements
29.17………………………………………………..Section 302.1 Sanitation
29.18………………………………………………..Section 302.4 Weeds
29.19………………………………………………..Section 304.14 Insect Screens
29.20………………………………………………..Section 307.1 General
29.21………………………………………………..Section 309.1 Infestation
Subchapter 4 – Intentionally Left Blank
Subchapter 5 – Amendments to IPMC Provisions on Plumbing Facilities and Fixture Requirements
29.22………………………………………………..Section 502.3 Hotels
29.23………………………………………………..Section 502.4 Employees Facilities
29.24………………………………………………..Section 502.4.1 Drinking Facilities
Subchapter 6 – Amendments to IPMC Provisions on Mechanical and Electrical Requirements
29.25………………………………………………..Section 602.3 Heat Supply
29.26………………………………………………..Section 602.4 Occupiable Work Spaces
29.27………………………………………………..Section 603.1.1 Maintenance of Heating Equipment
29.28………………………………………………..Section 604.2 Service
29.29………………………………………………..Section 605.2 Receptacles
Subchapter 7- Amendments to IPMC Provisions on Fire Safety Requirements
29.30………………………………………………..Section 704.4 Exception 3
29.31………………………………………………..Section 704.5 Fire Extinguisher
Subchapter 8 – Amendments to IPMC Provisions on Recognized Standards
29.32.……………………………………………….Chapter 8 Recognized Standards
Subchapter 9 – Rental Business Regulations
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29.33………………………………………………..Landlord Business Rental Permit
29.34………………………………………………..Rental Unit Registration
29.35………………………………………………..Mandatory Criminal Background Checks
29.36……………………………………………….Suspension, Revocation or Denial; Right of Appeal; Order of Precedence
29.37………………………………………………..Rental Inspection
29.38………………………………………………..Certificate of Compliance
29.39………………………………………………..Notice Upon Offer for Sale
29.40………………………………………………..Uniform Residential Landlord and Tenant Law
29.01 INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 ADOPTED. Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted as the Housing Code of the City of Cedar Rapids, Iowa, that certain code known as the International Property Maintenance Code, 2012 First Printing, including Appendix A, as published by the International Code Council.
The provisions of said Housing Code shall be for: regulating and governing the conditions and maintenance of all property, essential to ensure that structures are safe, sanitary, and fit for occupancy and use; the condemnation of buildings and structures unfit for human occupancy and use; the demolition of such existing structures as provided within the corporate limits of the City of Cedar Rapids, Iowa; and the regulation of rental property.
SUBCHAPTER 1 – Amendments to IPMC Provisions on Administration
29.02 Section 101.1 of the IPMC is hereby amended by repealing Section 101.1 Title, and replacing said section with the following:
Section 101.1 Title. These regulations shall be known as the Cedar Rapids Housing Code which includes the 2012 International Property Maintenance Code with these local amendments, hereinafter referred to as “this code”.
29.03 An Exception is hereby added to Section 102.2 of the IPMC (Maintenance) as follows:
Exception. The owner or owner’s agent may by agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves, and ranges shall be maintained in safe working condition.
29.04 Section 102.3 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Cedar Rapids Municipal Code, which includes, but is not limited to the Building Code, Fire Code, Fuel Gas Code, Mechanical Code, Residential Code, Plumbing Code, and the Electrical Code. Nothing in this code shall be construed to cancel, modify, or set aside provisions of the Zoning Code adopted by the City Council of Cedar Rapids, Iowa.
29.05 Section 103.1 of the IPMC (General) is hereby amended by repealing said section and replacing it with the following:
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Section 103.1 General. The executive official in charge of administration of this code shall be known as the code official.
29.06 Section 103.5 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 103.5 Fees. The City Council of the City of Cedar Rapids, Iowa may by resolution prescribe the occasions when fees for rental business permits, rental registrations, and inspections are required and in what amount.
29.07 Section 104.3 of the IPMC is hereby amended by adding the following as Subsection 104.3.1:
Section 104.3.1 Warrant. When the code official has first obtained proper inspection warrant or other remedy provided by law to secure entry, an owner or occupant or person having charge, care or control of the building or premises or unit shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the code official for the purpose of inspection and examination pursuant to this code.
29.08 Section 106.2 of the IPMC is hereby amended by adding the following as Subsection 106.2.1:
Section 106.2.1 Violation Notice and Compliance. The code official shall notify the owner in writing for the basis of any inspection. If, upon completion of an inspection, a rental unit is found to be in violation of one or more provisions of the code, a notice shall be provided to the owner. If the violation is of an emergency nature, as determined by the code official, immediate compliance with the code is required. Otherwise, the owner shall be provided no less than 35 calendar days for correction of violation(s) and an initial re-inspection at no extra fee.
If after a re-inspection a violation has not been corrected within that period, the code official shall schedule a re-inspection for 14 calendar days after the initial re-inspection.
If a violation has not been corrected within that 14 day time period, then a FINAL NOTICE for seven (7) calendar days shall be issued. If a violation has not been corrected within the seven (7) calendar day period, a violation penalty shall be issued.
If violation(s) have been corrected within the time periods specified above, then a Certificate of Compliance shall be issued. The initial re-inspection is at no extra fee, all other re-inspections may have re-inspection fee(s) charged.
29.09 Section 106.4 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Said prosecution may be by the filing of a misdemeanor citation or a citation for municipal infraction. Each day that a violation continues after the due notice has been served shall be deemed a separate offense. Continued violations of this code for non-compliance may result in suspension or
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revocation of a Cedar Rapids issued Landlord Business Permit and / or Certificate of Registration.
29.10 Section 107.2 of the IPMC is hereby amended by adding the following as item 7. to said section:
7. Be effective notice to anyone having interest in the property whether recorded or not at the time of giving such notice and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains an official copy of the notice in a file maintained by the code official.
29.11 Section 107.3 of the IPMC is hereby amended by adding the following as items 4. and 5. to said section:
4. If the person to be served is not found, then leaving a copy thereof at his or her usual place of abode or employment with a person who is at least 18 years old residing in the same abode or same place of employment.
5. In the event that more than one person has to be served under this code, failure to serve one or more such additional persons does not affect the service on the person served.
29.12 Section 108.5 of the IPMC is hereby amended by adding the following Exception to said section:
Exception. Access to a placarded property is allowed only with written approval from the Code Official. Such written approval shall specify the person or persons who are allowed access to the property and the hours which such access is allowed. When approved persons access the placarded property, those persons shall have the Code Official’s full written approval available at the placarded property for inspection by any code official or police officer.
29.13 Section 111.1 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 111.1 Application for appeal. Any person directly affected by a decisions of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within
20 days after the date of the initial notice of violation or order under this code. An application for the appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
29.14 Section 111.1 of the IPMC is amended by adding the following as Subsection 111.1.1:
Section 111.1.1 Waiver. Failure of any person to file an appeal request in accordance with the provisions of this code shall constitute a waiver of the right to a Housing Code Board of Appeal hearing and adjudication of the notice or order, or any portion thereof.
29.15 Section 111.2 of the IPMC and all subsections thereof are amended by repealing said Section and all subsections thereof and replacing them with the following:
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Section 111.2 Appointment. There is hereby established a board to be known as the Housing Code Board of Appeals, which consists of 7 members appointed by the Mayor with the advice and consent of the City Council. The members of the board shall be appointed for 3 year terms, with any successive appointment for a 3 year term following the expired term. Any one or more members of such board shall be subject to removal or replacement by the City Council at any time, for cause, after a public hearing before the City Council. Vacancies on such board shall be filled by the appointing authority for the unexpired term of such vacancy. The members of such board shall serve without compensation and shall be residents of the City of Cedar Rapids, Iowa.
Section 111.2.1 Officers. Officers of the board shall be elected by the members of the board at the annual meeting of the board, including a Chairperson.
Section 111.2.2 Appeal. All appeals and requests to the board shall be filed with the Administrative
Assistant for this code or a code official. An appeal fee as set by the City Council resolution shall accompany each appeal.
Section 111.2.3 Procedure. The board shall establish its own rules of procedure for accomplishment of its duties and function provided that such rules are not in conflict with the provisions of this code or Iowa law. Copies of the rules of procedure adopted by the board shall be available from the code official.
Section 111.2.4 Meetings. The board shall meet at regular intervals to be determined by the Chairperson but, in any event, the board shall act upon the appeal within 30 business days after a request for a hearing has been received by the Administrative Assistant of this code or code official. Reasonable notice of the place, time, and date of such meeting shall be given to all members of the board and all interested parties in each case to be heard by the board.
Section 111.2.5 Open Hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official, and any person whose interests are affected shall be given opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the board membership.
Section 11.2.6 Minutes / Copies. Minutes of all meetings shall be prepared and maintained as part of the public record. The decision of the board shall be recorded. Copies shall be furnished to the appellant and the code official.
Section 111.2.7 Extension of Time. In lieu of, or in addition to, administrative extensions, the Housing Code Board of Appeal may grant an extension or extensions of time for the compliance of any order or notice, provided that the board makes a determination that there are practical difficulties or unnecessary hardship in carrying out the strict letter of any notice or order.
Section 111.2.8 Petition for Certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Housing Code Board of Appeal under the provisions of this code, or any officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision of the board.
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SUBCHAPTER 2 – Amendments to IPMC Definitions
29.16 Section 202 of the IPMC is hereby amended by adding the following as definitions:
CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall mean a document issued by the code official or the City of Cedar Rapids evidencing compliance with all applicable code provisions of the rental property, rental unit or rental units for which the Certificate was issued. A Certificate of Compliance shall show the Issue Date (reflecting the initial regular rental inspection), the address of the structure for which it is applicable, the type or classification of the dwelling, and any other information as determined by the code official.
CONDOMINIUM. A multi-family complex, dwelling, dwelling unit, rooming unit, or sleeping unit which is recognized by the City Assessor’s office as a Condominium (typically in compliance with Chapter 499B of the Code of Iowa) shall be defined in this code as a condominium multi-family complex, dwelling, dwelling unit, rooming unit, or sleeping unit.
COOPERATIVE. A multi-family complex, dwelling, dwelling unit, rooming unit, or sleeping unit which is recognized by the City Assessor’s office as a Cooperative (typically in compliance with Chapter 499A of the Code of Iowa) shall be defined in this code as a cooperative.
FUEL BURNING HEATING EQUIPMENT. Fuel burning heating equipment is a furnace and / or boiler and/or water heater that uses fossil fuels.
LANDLORD BUSINESS PERMIT. Landlord Business Permit means a permit issued by the City of Cedar Rapids to any landlord, real estate broker, agent operating under a real estate broker, or other individual or entity conducting residential rental business which is subject to regulation under this Chapter.
Note: A Landlord Business Permit does
NOT authorize one to act or represent oneself as a real estate broker in violation of Iowa Code Chapter 543B Real Estate Brokers and Salespersons.
NUISANCE. Means the same as set forth in Chapter 22 of the Municipal Code of the City of Cedar Rapids, Iowa.
NUISANCE ACTIVITY. Means the same as set forth in Chapter 22A of the Municipal Code of the City of Cedar Rapids
NUISANCE PROPERTY. Means the same as set forth in Chapter 22A of the Municipal Code of the City of Cedar Rapids
OCCUPYING. Means living or sleeping in premises regulated by this Chapter, and shall not require that the person living or sleeping be included in any rental agreement concerning the premises.
PROPERTY MANAGER. Means the party responsible for day to day maintenance and management of rental property. For purposes of this Subchapter, an Owner of a Rental Property or Rental Unit may be but is not necessarily the same as the Property Manager thereof.
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RENTAL BUSINESS TRAINING. Means training required of Landlords and those who manage rental property subject to regulation hereunder.
RENTAL PROPERTY (OR RESIDENTIAL RENTAL PROPERTY); RENTAL UNIT (OR RESIDENTIAL RENTAL UNIT). Means a structure containing one or more dwelling units, rooming units, or sleeping units which is not eligible for the Iowa Homestead Credit for tax purposes; also any structure or part of a structure used as a home, residence, or sleeping unit by a single person, household unit, or any person(s) other than the legal owner of the property, which is leased or rented from or otherwise occupied by permission of the owner or other person in control of such unit(s), whether by day, week, month, year or any other term, regardless of monetary exchange. The term Rental Unit or Residential Rental Unit may refer to a unit within a rental property, as context requires.
RENTAL PROPERTY REGISTRATION means registration with the City of Cedar Rapids of a structure containing one or more rental units subject to regulation under this Chapter.
RENTAL UNIT REGISTRATION. Means registration of any given dwelling unit within a duly registered rental property.
WEEDS. Weed(s) shall be defined as all grasses, annual plants and vegetation, other than trees
or shrubs, provide; however, this term shall not include cultivated flowers and gardens.
SUBCHAPTER 3– Amendments to IPMC Provisions on General Requirements
29.17 Section 302.1 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 302.4 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep in a clean and sanitary condition that part of the exterior property which such occupant occupies or controls, but this provision shall not relieve the owner of responsibility under this chapter. No exterior accumulation of garbage, refuse, rubbish, personal possessions, or household goods, including but not limited to appliances and furnishings manufactured for interior use, shall be permitted. For purposes of this section, an unenclosed porch is an exterior portion of a property or premises.
29.18 Section 302.4 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 302.4 Weeds. All premises and exterior property shall be maintained free of weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106 and as prescribed by the code official. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy weeds growing thereon, and the costs of such removal be paid by the owner or agent responsible for the property.
29.19 Section 304.14 of the IPMC is hereby amended by repealing said section and replacing it with the following:
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Section 304.14 Insect screens. Every door, window, and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas, or any area where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or
stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air
curtains or insect repellant fans, are employed.
29.20 Section 307.1 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 307.1 General. Every exterior and interior flight of stairs having
four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp, or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
29.21 Section 309.1 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by a process that will not be injurious to human health. If after re-inspection it is the opinion of the code official that adequate extermination measures have not been taken, then an approved plan of action shall be provided to the code official within 5 business days. An approved plan of action must include an approved certified pest control agency for extermination. After pest elimination, proper precautions shall be taken to prevent re-infestation.
SUBCHAPTER 4 – Intentionally Left Blank
SUBCHAPTER 5 – Amendments to IPMC Provisions on Plumbing Facilities and Fixture Requirements
29.22 Section 502.3 of the IPMC is hereby repealed.
29.23 Section 502.4 of the IPMC is hereby repealed.
29.24 Section 502.4.1 of the IPMC is hereby repealed
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SUBCHAPTER 6– Amendments to IPMC Provisions on Mechanical and Electrical Requirements
29.25 Section 602.3 of the IPMC is hereby amended by repealing the first paragraph and replacing it with the following:
Section 602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat to maintain a minimum temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms.
29.26 Section 602.4 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature not less than 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.
Exception 1. Processing, storage, and operation areas that are required cooling or special temperature conditions.
Exception 2. Areas in which persons are primarily engaged in vigorous physical activities.
29.27 Section 603.1 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 603.1 Maintenance of heating equipment. All fuel burning heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heating all habitable rooms, kitchens, kitchenettes, bathrooms, and toilet rooms located therein to the minimum temperature required by this code. At the time of each regular rental inspection, fuel burning heating equipment must be checked by a licensed mechanical contractor or certified service technician for proper drafting, combustion, and integrity of total operation system which shall include the thermostat, gas valve, vent, and/or chimney and a determination made that carbon monoxide levels are within safe limits for human habitation.
Exception 1: When heating equipment has been installed within two years of the regular inspection with proper documentation of permitting, inspection, including the installation date.
Exception 2: If the fuel burning heating equipment has been properly inspected by a licensed mechanical contractor or certified technician within 12 months of the regular rental inspection.
29.28 Section 604.2 Service is hereby amended by repealing said section and replacing it with the following:
Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the Municipal Code Chapter 34 as adopted.
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29.29 Section 605.2 of the IPMC is hereby amended by repealing said section and replacing it with the following:
Section 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one ground fault type receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interruption protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
Section 605.2.1 Ground fault. All receptacles located above and adjacent to work counters
within 3 feet of a sink or water distribution fixture shall be ground fault type.
Section 605.2.2 Exterior GFCI. All exterior outlets must be ground fault circuit interrupter protected with approved covers.
SUBCHAPTER 7 – Amendments to IPMC Provisions on Fire Safety Requirements
29.30 Section 704.4 of the IPMC is hereby amended by adding the following as Exception 3 thereto:
Exception 3. Battery powered smoke alarms may be added in bedrooms of existing
buildings which have existing smoke alarms interconnected as long as the bedrooms didn’t
previously have interconnected smoke alarms removed or disconnected
and until such time that a
building permit for remodel of the unit or building results in the building official requiring smoke
alarms be interconnected.
29.31 Section 704.5 of the IPMC is hereby amended by adding the following as Section 704.5
Section 704.5 Fire extinguisher. All fire extinguishers shall be maintained in an operative condition at all times and shall be replaced or repaired when defective in accordance with the Fire Code adopted by Cedar Rapids. Single family structure (rental) shall have one 1A10BC minimum rated fire extinguisher provided in a properly mounted readily accessible location, preferably located near an exit and near the kitchen.
Each multi-family structure shall be provided with one 1A10BC fire extinguisher for each dwelling unit, properly mounted in a readily accessible location preferably located near an exit and near the kitchen, or, for those structures with common corridors in lieu of the 1A10BC fire extinguishers in each unit, the owner may provide one 2A10BC fire extinguisher on each occupied level within 75 feet of each dwelling unit, properly mounted in a readily accessible location for occupants for which they are provided.
One 2A10BC fire extinguisher shall be provided in a properly mounted readily accessible location positioned within 75 of and on the same level as each laundry or mechanical room (including boiler rooms) that is shared by 2 or more dwelling units.
At the time of each Regular Rental Inspection, the code official will confirm the fire extinguisher(s)
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have been properly maintained, serviced, and tagged by an approved company in accordance with
the Fire Code adopted by Cedar Rapids.
SUBCHAPTER 8– Amendments to IPMC Provisions on Recognized Standards
29.32 Chapter 8 of the IPMC is hereby amended by adding the following as Referenced Standards:
MUNICIPAL CODE of the City of Cedar Rapids, Iowa.
Chapter 22 Nuisances.
Chapter 22A Nuisance Properties.
Chapter 32 Zoning Code.
Chapter 33 Building Code (2012 edition).
Chapter 34 Electrical Code (2012 edition).
Chapter 35 Plumbing Code (2012 edition).
Chapter 36 Mechanical Code (2012 edition).
Chapter 37 Fire Code (2012 edition).
SUBCHAPTER 9 – RENTAL BUSINESS REGULATIONS
29.33 LANDLORD BUSINESS PERMITS
a. Permit requirements.
No person shall lease, rent, or otherwise allow a dwelling unit or residential rental unit to be occupied without a valid Landlord Business Permit issued in accordance with this Subchapter.
All those who hold a valid Landlord License at the time this ordinance becomes effective shall be deemed to hold a valid Landlord Business Permit within the meaning of this section.
b. Application requirements.
The application requirements to the receipt of a Landlord Business Permit include:
i. All requirements pertaining to inspections are met; and
ii. All rental units of which the applicant is an owner, in whole or in part, are registered; and
iii. All fees due under this Chapter or Chapter 22A of the Cedar Rapids code for the Applicant’s residential rental unit(s) are paid in full; and
iv. All court judgments entered in favor of the City and against the applicant are paid in full; and
v. The applicant has placed on file with the code official the name(s), business address(es), telephone number(s) and e-mail addresses of the Owner and the Property Manager (if different than the Owner) who is responsible for day to day maintenance and management of the registered premises owned in whole or part by the applicant; and
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vi. Landlord Business Permit fees are paid; and
vii. Completion and submission of an Application for Landlord Business Permit in such form and detail as prescribed by the code official.
c. Permit to Issue.
If the code official concludes that application information requirements have been met, then the code official shall issue the Landlord Business Permit.
29.34 RENTAL PROPERTY OR RENTAL UNIT REGISTRATION
a. Registration Required; Notification of Changes
No person shall lease, rent, or let for occupancy, a residential rental unit in the City of Cedar Rapids, Iowa without first obtaining from the code official proper Rental Property or Rental Unit Registration, as the case may be. Rental Property or Rental Unit Registration shall not be transferred from one owner to another. Each owner of residential rental property shall register the same with the code official within 30 days of transfer of title or possession of such property. It shall be the responsibility of the owner to inform the code official of any change in address for purposes of conducting business and communicating with the code official.
Exception: No registration shall be required for a single family dwelling, single family Condominium, or single family Cooperative, provided such dwelling, Condominium or Cooperative has no more than two tenants.
b. Application Requirements.
i. Application for Rental Property or Rental Unit Registration required by this code shall be made to the code official in such form and detail as prescribed by the code official, and shall include proof that Rental Business Training has been completed as set forth in this Subchapter.
ii. Rental Property or Rental Unit Registration fees shall be as set forth by Resolution of the City Council of Cedar Rapids and payment thereof shall accompany an application for Rental Unit Registration.
c. Mandatory Rental Business Training
i. Rental Business Training:
The Code Official, or a designee, shall develop a Rental Business Training course to advance compliance with this Subchapter, other applicable laws and best rental business practices. A description of the course and its goals must be approved by resolution of the City Council.
ii. Training Requirements upon Passage of Ordinance:
Regardless of whether they are also Owners of Rental Property, all those who are Property Managers within the meaning of this Subchapter at the time this ordinance
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becomes effective shall complete Rental Business Training prior to the next registration of the Rental Unit or Rental Property under his or her management.
Provided the Property Manager has otherwise complied with the Rental Business Training requirements set forth herein, that Property Manager shall not be required undergo Rental Business Training as to each and every unit or property under his or her management.
iii. Proof of Training Upon Registration of Rental Unit:
Upon registration of a Rental Unit, the Owner shall provide proof that the Property Manager for that Unit has undergone Rental Business Training and is otherwise in compliance with the training requirements set forth herein.
iv. Training Required due to Nuisance Property Status:
If a rental property is deemed a Nuisance Property pursuant to Chapter 22A of this Code, then either the Owner of the Nuisance Property or, if approved by the code official, the Owner’s designated Property Manager for that Nuisance Property shall undergo Rental Business Training prior to the next registration of the Nuisance Property.
This provision shall not be construed so as to require a Property Owner or Owner’s designated Property Manager to take more than one class in any given year.
d. Rental Unit Registration to Issue.
When the owner has properly completed an application for registration of a rental unit, completed all requirements as provided herein and complied with all applicable codes, then Rental Unit Registration shall be issued. Such Registration does not indicate that a dwelling, dwelling unit, rooming unit, or sleeping unit meets the requirements of this code.
e. Annual Registration.
Rental Unit Registration shall be valid from the date of issuance and continuing until July 1
st of each year. Registration may not be renewed unless all required fees have been paid in full for all rental unit(s) of which the applicant is an owner.
f. Change of Registration Information upon Transfer of Title.
The owner of any rental property or unit shall notify the code official within thirty (30) days of any change in the information required for Rental Property or Rental Unit Registration. If a rental property or unit is sold, assigned, or otherwise transferred, the rental property/unit must be re-registered within thirty (30) days of the transfer. The new owner shall notify the code official of any change in contact information for their designated local representative, including a change in name, address, e-mail address, telephone number, mobile telephone number, or facsimile number of the designated local representative within thirty (30) business days of the change.
29.35 MANDATORY TENANT BACKGROUND CHECKS
a. Landlord Business Permit Holders shall perform a background check on all persons 18 years of age or older who newly occupy a rental unit after July 1, 2013, whether or not the
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person(s) has signed a lease. This requirement shall not apply with regard to persons already occupying a given rental unit prior to that date.
b. Background checks as referenced here shall include the following at a minimum:
i. A report of activity from Iowa Courts Online.
ii. A report from the Iowa Sex Offender Registry and the National Sex Offender Website maintained by the United States Department of Justice.
Landlords are encouraged but not required to obtain additional background information the Landlord deems appropriate.
c. Nothing herein shall be construed to indicate any preference or recommendation on the part of the City as to the selection of a tenant.
29.36 SUSPENSION, REVOCATION OR DENIAL (OF LANDLORD BUSINESS PERMIT OR RENTAL UNIT REGISTRATION); RIGHT OF APPEAL; ORDER OF PRECEDENCE
a. Suspension, Revocation or Denial of Rental Unit Registration or Landlord Business Permit.
Using the Order of Precedence outlined in subsection b. of this section as a guiding principle for gaining compliance, the code official may revoke, suspend, deny, or deny renewal of any Rental Unit Registration or Landlord Business Permit issued under this Subchapter where any of the following applies:
i. False statements on any application or information or report required by this Subchapter to be given by the applicant, registrant, or permit holder.
ii. Failure to pay any application, penalty, re-inspection, or reinstatement fee required by this Chapter, Chapter 22A of the Cedar Rapids Municipal Code or City Council Resolution.
iii. Failure to correct deficiencies within the time frame specified in a Notice of Violation issued pursuant to this Chapter.
iv. Failure to comply with the provisions of an approved mitigation/remediation plan by the code official.
v. Failure to comply with the provisions of the Title VIII of the Fair Housing Act of 1968 (as amended).
vi. Declaration of status as Nuisance Property pursuant to Chapter 22A of the Cedar Rapids Municipal Code.
vii. Failure to provide proof of a Mandatory Tenant Background Check required by this Subchapter.
b. Order of Precedence for Suspending, Revoking, Denying or Denying Renewal
i. First course of action. A Rental Unit Registration may be suspended, revoked, denied, or not renewed as provided in subsection (a) of this section.
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ii. Second course of action. A Landlord Business Permit may be revoked, suspended, denied, or not renewed as provided in subsection (a) of this section.
c. Right of Appeal
No Landlord Business Permit or Rental Unit Registration may be denied, suspended, revoked, or the renewal thereof denied unless notice and an opportunity to be heard is given the holder of the Permit or Registration, or applicant therefor. In any instance where the code official has denied, revoked, suspended, or not renewed a Permit or Registration, the holder thereof or applicant therefor may appeal the decision to the Housing Code Board of Appeal by delivering notice of appeal within ten (10) business days of receipt by the holder or applicant of notice of the adverse decision. The decision of the Housing Code Board of Appeal or any decision by the code official which is not appealed in accordance with this code shall be deemed a final action.
29.37 INSPECTION OF RENTAL PROPERTY
a. Regular rental inspection.
Regular rental inspections of rental property, rental units, and the common areas thereof, shall be inspected in accordance with a program of regular rental inspections conducted not more frequently than yearly nor less frequently than every 5 years for a Certificate of Compliance.
b. Other rental inspection.
Rental units may be inspected on a more frequent basis to ensure compliance with this code based upon one (1) or more of the following:
i. Information is received indicating that there is a violation of provisions of this code, or any state law;
ii. An observation is made by a code official, or police officer, or fire code official, or any other Government official of a possible violation of the standards or the provisions of this code or any state or federal laws;
iii. Information is received indicating that a rental unit is unoccupied and unsecured or that a rental unit is damaged by fire, water, or other causes detrimental to the structure;
iv. A determination must be made whether there is compliance with a notice or an order issued by a code official;
v. A public health safety or welfare emergency is observed or is reasonably believed to exist;
vi. A tenant makes a request for an inspection. If a non-emergency inspection is requested by a tenant, then the tenant shall give a written notice to the owner.
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Fourteen (14) days after tenant notification to the owner, an inspection may be conducted by the code official.
vii. A dwelling unit is to be demolished by the City of Cedar Rapids, Iowa or the ownership is to be transferred to the City of Cedar Rapids, Iowa.
viii. A unit is declared a Nuisance Property pursuant to Chapter 22A of the Cedar Rapids Municipal Code.
29.38 CERTIFICATE OF COMPLIANCE.
a. Certificate of Compliance Required.
It shall be a violation of this code for any person to let to another for rent and/or occupancy any dwelling, dwelling unit, rooming unit, or sleeping unit in the City of Cedar Rapids, Iowa unless the owner holds a valid rental Certificate of Compliance, a current Cedar Rapids issued Landlord Business Permit, and Rental Property or Unit Registration.
Unless a rental unit is re-inspected, the Certificate of Compliance shall be valid for a period of five (5) years from the initial regular rental inspection (shown as the Issue Date on the Certificate of Compliance). A Certificate of Compliance shall be transferable from one owner to another for the address for which it is applicable. A Certificate of Compliance shall in no way signify or imply that the premises for which it is issued is in conformance or compliance with all portions of the Municipal Code of Cedar Rapids, or the laws of Linn County or the State of Iowa. The City of Cedar Rapids shall maintain no liability in regard to the Certificate of Compliance.
Exception: for an owner occupied single family dwelling, or single family Condominium, or single family Cooperative, provided such dwelling, Condominium or Cooperative has no more than two tenants.
b. Requirements for Issuance.
The City shall issue a Certificate of Compliance for any rental unit upon request by the owner providing that the rental unit meets the following requirements:
i. Rental Unit Registration for the rental unit in question is on file with the code official; and
ii. The code official determines all provisions of this Chapter have been complied with by the owner; and
iii. All fees required by the Cedar Rapids City Council have been paid in full.
iv. The Certificate of Compliance, if withdrawn, shall be restored only upon a re-inspection showing compliance with this code and any additional fees are paid in full.
v. When a Building Code Certificate of Occupancy is issued by the City of Cedar Rapids for construction of a new dwelling containing one or more units, the code official shall issue a Certificate of Compliance when the Rental Unit Registration is complete for that property.
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c. Section 116.3 Suspension.
The code official shall suspend a Certificate of Compliance if the owner has not complied with the requirements set forth in a notice of a code violation. A Certificate of Compliance may be suspended for a given unit without effect on the other units for which the Certificate was issued.
The code official shall issue a notice of suspended certification to the owner stating that:
i. the Certificate of Compliance has been suspended as of the date of the notice and the reason for suspension; and
iii. any rental unit which is vacant at the time of suspension or which becomes vacant during the period of suspension shall not be rented or re-occupied until the Certificate of Compliance is re-instated or a new Certificate of Compliance is issued; and
iv. failure to comply with the terms of suspension, as set out in this section, shall be a violation of this code; and
v. suspension of a Certificate of Compliance may be appealed to the Housing Code Board of Appeals as provided for in Section 111 of this code.
d. Reinstatement.
The code official will reinstate a suspended Certificate of Compliance after a regular inspection has been completed, fees have been paid in full, and the rental property/unit has been brought into compliance with the applicable standards of this code. Reinstatement of the Certificate of Compliance shall not extend or change the next inspection date of the Certificate of Compliance.
29.39 NOTICE UPON OFFER FOR SALE.
Every person owning a rental property/unit under this chapter and offering such property for sale shall inform a prospective buyer of the following:
a. Current status of the Certificate of Compliance; and
b. Any notice regarding violations of this code, Nuisance, and Zoning Codes that are outstanding due to failure to correct violations; and
c. Full information regarding any court action presently filed against the property along with other required disclosure items in accordance with applicable real estate laws.
29.40 UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW.
This Subchapter shall not be construed so as to affect in any manner the application of the Uniform Residential Landlord and Tenant Law, presently codified as Chapter 562A of the 2012 Iowa Code, and as amended from time to time.
Section 2. The various sections, subsections, chapters or parts of this ordinance and of the code hereby adopted are hereby declared to be severable, and in the event that any such part of these
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provisions shall be held invalid for any reason, the invalidity of such section, subsection, chapter or part shall not invalidate any other of the provisions of this ordinance or of the code hereby adopted.
Section 3. Pursuant to published notice a public hearing has been duly conducted upon the date, time, and at the place fixed in said notice upon the adoption of this code and the City Council of the City of Cedar Rapids, Iowa, hereby determines and finds that said proposed code shall be and the same is hereby adopted as an ordinance of the City of Cedar Rapids, Iowa.
Section 4. An official copy of this code hereby adopted, including a certificate by the City Clerk as to its adoption and the effective date thereof, is on file in the office of the City Clerk in City Hall, and shall be kept there on file and copies shall be available for public inspection.
Section 5. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, occupy, use or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this code.
Section 6. That this Ordinance shall be in full force and effect _____________________ after its passage and publication as provided by law.
Introduced this 26th day of February, 2013.
Passed this ______ day of _______________, 2013.
_________________________________, Mayor
Ron J. Corbett
Attest:
___________________________________, City Clerk