1. home and garden

HOUSING CODE
of the City of Cedar Rapids, Iowa
Chapter 29 of the Municipal Code
Date of Last Amendment
March 7, 2001
CEDAR RAPIDS HOUSING CODE
29.01
TITLE.
This chapter shall be known as the Cedar Rapids Housing Code, may be cited as
such, and will be referred to herein as this “chapter” or “Code.”
29.02
COMPLIANCE WITH STATE CODE.
The City of Cedar Rapids in compliance with the requirements of Section 364.17
of the Code of Iowa, hereby adopts this chapter as a Housing Code and
Regulations for the City of Cedar Rapids, Iowa. This chapter is substantially
based upon “Housing Quality Standards” promulgated by the United States
Department of Housing and Urban Development.
29.03
PURPOSE.
(a) It is hereby declared that the purpose of the Code is to insure that housing
facilities and conditions are of the quality necessary to protect and promote the health,
safety and welfare of those persons utilizing the housing and the general public as well.
(b) It is hereby further declared that the purpose of this chapter is to define the
responsibilities of owners, operators, occupants and the City necessary to maintain and
administer the standards of the Code.
29.04
SCOPE.
The provisions of this chapter shall apply to all dwellings used or intended to be
used for human occupancy within the jurisdiction of Cedar Rapids.
29.05
DEFINITIONS.
(a) For the purposes of this chapter, the terms defined herein shall have the
following meanings:
1. Meaning of certain words. The words “dwelling,” “dwelling unit,”
“rooming unit” or “premises” when used in this chapter shall be
construed as though they were followed by the words “or any part
thereof.”
2. “Acceptable” or “approved” shall mean in compliance with the
provisions of this chapter.
3. “Accessory structure” shall mean a detached structure located on the
same premises as the principal structure which is not used, nor
intended to be used, for living or sleeping by human occupants.
4. “Adjoining grade” shall mean the elevation of the ground which
extends 3 feet from the perimeter of the dwelling.
5. “Approved” (see “Acceptable”).
6. “Appurtenance” shall mean that which is directly or indirectly
connected or accessory to a building.
7. “Attic” shall mean the part of a building immediately below the roof
and wholly or partly within the roof framing and may or may not be
habitable.
8. “Basement” shall mean a portion or story of a building, next below
the first or main floor which may or may not be considered habitable
space.
9. “Bath” shall mean a bathtub or shower stall connected with both hot
and cold water lines.
10. “Bedroom” shall mean a habitable room within a dwelling unit with
a window of adequate size (minimum dimension of 5.7 square feet
with a clear opening 23 inches high, 20 inches wide, the floor to sill
height not to exceed 48 inches); one switched light fixture and 2
duplex electrical outlets; or, one switched duplex outlet and one
other duplex outlet. The room shall be capable of accommodating 2
persons for sleeping purposes.
11. “Building” shall mean any structure built, used, designed or intended
for the support, shelter, protection or enclosure of persons, animals,
chattels or property of any kind.
12. “Cellar” shall mean a space below the first or main floor, used or
intended to be used for storage, a location for heating equipment,
etc., and shall not be considered habitable space.
13. “Central heating system” shall mean a single system supplying the
heat to one or more dwelling units or more than one rooming unit.
14. “Certificate of compliance” shall mean a document certifying that
the unit or units for which it is issued was in compliance with the
applicable provisions of this Code at time of last inspection.
15. “Communal” shall mean used or shared by, or intended to be used or
shared by the occupants of 2 or more rooming units or 2 or more
dwelling units.
16. “Condominium” shall mean a dwelling unit which is in compliance
or conformance with the requirements of Chapter 499B of the Code
of Iowa.
17. “Cooperative” shall mean a dwelling unit which is in compliance or
conformance with the requirements.
18. “Court” shall mean an unoccupied open space, other than a yard, on
the same lot with a building and which is bordered on 2 or more
sides by the building.
19. “Dining room” shall mean a habitable room used or intended to be
used for the purpose of eating, but not for cooking or the preparation
of meals or sleeping.
20. “Duplex” shall mean any habitable structure containing 2 single
dwelling units. The classification shall be determined by the
existence of 2 separate dwelling units, as defined herein, and shall
not be based upon the identity of the occupants.
21. “Dwelling” shall mean any building, structure or mobile home
except temporary housing, which is wholly or partly used or
intended to be used for living or sleeping by human occupants and
includes any appurtenances attached thereto.
22. “Dwelling, multiple” (see “Multiple dwelling”).
23. “Dwelling, single family (see “Single family dwelling”).
24. “Dwelling unit” shall mean any room or group of adjoining rooms
located within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living, sleeping,
cooking, eating and sanitation.
25. “Egress” shall mean an exit and shall also mean an alternate route
which provides reasonable safety for emergency exiting.
26. “Emergency” shall mean a life or health threatening condition or
failure within or around a residential premise which requires
immediate attention.
27. “Exit” shall mean a continuous and unobstructed means of egress to
a public way and shall include intervening doors, doorways,
corridors, exterior-exit balconies, ramps, stairways, smoke-proof
enclosures, horizontal exits, exit passageways, exit courts,
walkways, sidewalks and yards.
28. “Extermination” shall mean the control and elimination of insects,
rodents or other pests by elimination their harborage places; by
removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping; or by any other
recognized and legal pest elimination methods approved by the local
or state authority having such administrative authority.
29. “Family” shall mean a group of people living together as a unit.
30. “Garbage” shall mean animal or vegetable waste resulting from the
handling, preparation, cooking or consumption of food including, but
not limited to, food waste, plastic containers, tin cans, glass bottles
and paper products.
31. “Garbage container” shall mean any container which is in
compliance or conformance with the requirements of Chapter 24 of
the Cedar Rapids Municipal Code.
32. “Habitable room” shall mean a room, or enclosed floor space within
a dwelling unit or rooming unit, used or intended to be used for
living or sleeping purposes, excluding bathrooms, kitchens,
kitchenettes, dining areas, toilet rooms, pantries, laundries, foyers,
communicating corridors, closets, storage spaces, stairways and
recreation rooms in basements. (See “Recreation room in
basement.”)
33. “Housing Code Administrator” shall mean the Director of the
Building, Housing and Zoning Department or his/her designated
alternate
34. “Housing Inspector” shall mean the official or officials designated
by the city with the responsibility of enforcing the provisions of this
Code.
35. “Infestation” shall mean the presence, within or around a dwelling of
any insects, rodents or other pests, in such quantities as would be
considered unsanitary.
36. “Kitchen” shall mean a room used or intended to be used for the
storage and preparation of food and may contain facilities for the
eating of meals.
37. “Kitchenette” shall mean an area used solely for the storage and
preparation of food.
38. “Kitchen sink” shall mean a basin for washing utensils used for
cooking, eating and drinking, located in a kitchen or kitchenette and
connected to both hot and cold water lines.
39. “Lavatory” shall mean a hand washing basin which is connected to
both hot and cold water lines, which is separate and distinct from a
kitchen sink.
40. “Life threatening” shall mean that which has the potential to cause
loss of life, pain, injury, harm or duress to the person(s) involved.
41. “Living room” shall mean a habitable room within a dwelling unit
which is used, or intended to be used primarily for general living
purposes.
42. “Mobile home” shall mean any vehicle without motive power used
or so manufactured or constructed as to permit its being used as a
conveyance upon the public streets and highways and so designed,
constructed or reconstructed as will permit the vehicle to be used as
a place for human habitation by one or more persons.
43. “Multiple dwelling” shall mean any dwelling containing 3 or more
dwelling units or 3 or more rooming units or 3 or more of any
combination thereof.
44. “Occupancy-maximum” shall mean the reasonable maximum
occupancy as 2 people per average size bedroom considering general
configuration and total size of the unit determined on a case-by-case
analysis by looking at the total unit, total size and use of the rooms,
makeup of the family with an emphasis on “reasonable.”
45. “Occupant” shall mean any person living in, sleeping in, and/or
cooking in, or having actual possession of a dwelling unit or a
rooming unit.
46. “Operator” shall mean any person who is the agent of an owner who
rents to another or has custody or control of a building, or parts
thereof, in which dwelling units or rooming units are let or who has
custody or control of the premises as a guardian, executor, receiver,
administrator or other similar assignee.
47. “Owner” shall mean any person who has custody and/or control of
any dwelling, dwelling unit or rooming unit by virtue of a recorded
contract or a legal or equitable title to said dwelling, dwelling unit or
rooming unit.
48. “Person” shall mean any individual, firm, corporation, association,
partnership, trust or estate.
49. “Placard” shall mean a display document showing that the unit for
which it is issued has been determined to be unfit for human
habitation.
50. “Plumbing/mechanical” shall mean and include any or all of the
following supplied or required facilities and equipment: gas pipes,
gas-burning equipment, water pipes, garbage disposal units, waste
pipes, toilets, sinks, lavatories, bathtubs, shower baths, water heating
devices, catch basins, drains, vents and any other similar supplied or
required fixtures together with all connections to water, sewer or gas
services.
51. “Premises” shall mean a lot, plot or parcel of land including any
buildings and/or accessory structures thereon.
52. “Privacy” shall mean the existence of conditions which will permit a
person or persons to carry out an activity without interruption or
interference by unwanted persons.
53. “Properly connected” shall mean connected in accordance with the
applicable codes and ordinances of the City of Cedar Rapids;
provided, however, that the application of this definition shall not
require the alteration or replacement of any connection in good and
safe working condition.
54. “Public way” shall mean any sidewalk, street, alley, highway or
other thoroughfare established for travel by vehicles or persons and
open or available for use by the general public; and may be in either
public or private ownership.
55. “Recreation room in basement” shall mean a room located in a
basement primarily for general recreation purposes.
56. “Refuse” shall mean waste material (except human or animal waste)
such as garbage, rubbish, rags, lawn trimmings, cold ashes and dead
animals.
57. “Refuse container” shall mean a container intended for the
temporary storage of refuse, which is constructed of a durable
material, with at least one opening which is supplied with a tightfitting cover, and is reasonably weatherproof and rodent proof.
58. “Rental property” shall mean any dwelling, dwelling unit or rooming
unit which is being held out or being offered for rent or is currently
being let for rent and/or occupied by any person who is not the
owner of the premises. The method of determining if a dwelling is a
rental property will be all those properties that do not qualify for
Homestead Exemption as determined by Chapter 425 of the Code of
Iowa and properly filed with the Office of the City Assessor.
Exceptions:
A. Property occupied by a direct family member of the owner
of the premises. Direct family members of the property
owner shall be considered to be child, grandchild, mother
or father, mother-in-law, father-in-law or grandparent.
B. During the period that the aforedescribed rental property is
being held out or offered for rent, all provisions of this
Code shall be applicable relating to inspections, but the
owner or operator of such property shall not be in violation
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
of the other requirements of this chapter if the same are
corrected prior to the rental and occupancy of the rental
property unless the violations are affecting the health,
safety and welfare of the occupants of other rental property.
The exterior of the rental property and the premises shall
meet all provisions of this Code at all times, regardless of
whether the rental property is occupied or vacant.
“Roomer” shall mean an occupant of a rooming unit or an occupant
of a dwelling unit who is not a member of the family occupying the
dwelling unit.
“Rooming unit” shall mean any room or group of adjoining rooms
located within a dwelling and forming a single habitable unit with
facilities which are used, or intended to be used, primarily for living
and sleeping. A rooming unit shall have bath and toilet facilities
available for exclusive use by the occupant(s) or for communal use
in accordance with Section 29.11 and, in addition, may have kitchen
and dining facilities available for use by the occupant(s) therein.
“Rubbish” shall mean inorganic waste material consisting of
combustible and/or noncombustible materials.
“Rules and regulations” shall mean those administrative policies and
procedures adopted by the Housing Code Administrator for the
efficient and effective management of housing inspection functions.
“Safe” shall mean free from conditions injurious to health.
“Sanitary” shall mean free from conditions injurious to health.
“Serviceable” shall mean capable to perform the function originally
intended to perform.
“Single family dwelling” shall mean a structure containing one
dwelling unit.
“Story” is that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the
ceiling or roof above. If the finished floor level directly above a
basement or unused under-floor space is more than 6 feet above
grade as defined herein for more than 50 percent of the total
perimeter or is more than 12 feet above grade as defined herein at
any point, such basement or unused under-floor space shall be
considered as a story.
“Supplied” shall mean paid for, furnished by, provided by or under
the control of the owner or operator.
“Temporary housing” shall mean any tent, trailer, motor home or
other structure used for human shelter which is designed to be
transportable and which is not attached to the group, to another
structure or to any utilities system on the same premises for more
than 30 days.
70. “Toilet” shall mean a water closet, with a bowl and trap made in one
piece, which is of such shape and form and which holds a sufficient
quantity of water so that no fecal matter will collect on the surface of
the bowl and which is equipped with a flushing rim or flushing rims.
71. “Variance” shall mean a difference between that which is required or
specified and that which is permitted.
29.06
(a)
(b)
(c)
(d)
(e)
INSPECTION.
Authority. The Housing Inspector is hereby authorized to conduct
inspections to determine the condition of all dwelling, dwelling units,
rooming units, structures and premises located within the City of Cedar
Rapids, in order that he/she may enforce the provisions of this Code.
Basis for Inspections. Inspections of owner-occupied property located
within the City of Cedar Rapids shall occur only upon complaint to the
Housing Inspector, an observation by the Housing Inspector of a violation
of the standards of this code, or designation by the City Council of an area
where all residential properties are to be inspected uniformly and only the
standards of Sections 29.10, 29.12 and 29.13 shall be applicable. Inspection
of rental properties shall be based upon one or more of the following:
a. A written complaint received by the City from a tenant indicating that
there is a suspected violation of the standards of this code.
b. An observation by the City of a violation of the standards of this code.
c. The absence of a valid certificate of compliance as required by Section
29.09 of this code.
Regular Rental Inspections. Inspections of rental property and the
common areas thereof shall be conducted in accordance with a program of
regular rental inspections, which shall not be more frequently than yearly
nor less than frequently than every 7 years. All structures, which are
required to be inspected as a part of the program of regular inspections,
shall be subject to the standards of Sections 29.10, 29.11, 29.12 and 29.13.
Access by Owner or Operator. Every occupant of a dwelling, dwelling
unit or rooming unit shall give, upon proper notice, the owner or operator
thereof, or his/her agent or employee, access to any part of such dwelling,
dwelling unit, rooming unit or premises at all reasonable times for the
purpose of effecting such maintenance, making such repairs or making such
alterations as are necessary to effect compliance with or any lawful notice
or order issued pursuant to, the provisions of this Code.
Access by Housing Inspector. The Housing Inspector is hereby authorized
to conduct inspections of any dwelling within Cedar Rapids, Iowa, in order
to perform the duty of safeguarding the health, safety and welfare of the
occupants and the public under the provisions of this Code. Whenever
necessary to make an inspection to enforce any of the provisions of this
Code or whenever the Housing Inspector has probably cause to believe that
there exists in any dwelling, dwelling unit, rooming unit or premises any
condition which makes such unit or premises in violation of a provision of
this Code or in response to a complaint that an alleged violation of a
(f)
29.07
provisions of this Code may exist, the Housing Inspector may enter such
unit or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the Housing Inspector by this Code, provided that if
such unit or premises is occupied, he/she shall first make a reasonable effort
to locate the owner/operator, occupant or other person having charge or
control of the building or premises and request entry giving 24-hour notice,
when applicable, to the tenant. The Housing Inspector or his/her authorized
representative shall at such time:
a. Identify himself/herself and his/her position; and
b. Explain why entry is sought;
c. Explain that the owner/operator or other person(s) having charge or
control of the premises may refuse, without penalty, entry without a
search warrant;
d. Require evidence of written notice to the owner/operator giving 7-day
notice of deficiency. (Such notice shall not be construed to imply that
the repairs need be completed at this time.)
Search Warrant. If consent to inspect a building is withheld by any person
or persons having the lawful right to exclude, the Housing Inspector may
apply to the Iowa District Court in and for Linn County for a search warrant
of the building. No owner/operator or occupant or any other person having
charge, care or control of any dwelling unit, rooming unit, structure or
premises shall fail or neglect, after presentation of a search warrant, to
properly permit entry therein by the Housing Inspector or his/her authorized
representative for the purpose of inspection and examination pursuant to
this Code.
ENFORCEMENT.
(a) Authority. The Housing Inspector is hereby authorized to administer and
enforce the provisions of this Code.
(b) Notice Required.
1. Whenever the Housing Inspector determines that there has been a
violation of any provision of this Code, he/she shall give notice of such violation.
Such notice shall:
A. Be written;
B. Include a sufficiently detailed description of the violation
including the section of the Code violated, and the location of the violation
on the premises, if applicable;
C. Allow a reasonable time for the performance of any act it
requires and may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this Code;
D. Be served upon the owner, operator or the occupant, as the case
may require;
E. 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/operator of the premises as long as
the violation exists and there remains an official copy of the notice in a
public file maintained by the Housing Inspector.
F. Advise of appeal rights as defined in Section 29.08(f).
2. Unless otherwise specified herein, any notice or order required under
this Code shall be deemed to be properly served upon such owner or upon such
operator or upon such occupant if a copy thereof is delivered to him/her
personally or if not found by leaving a copy thereof at his/her usual place of
abode or employment, with a person residing in the same abode, or working at the
same place of employment; by regular mail to his/her last known address and if
returned showing that it has not been delivered, by posting a copy thereof in a
conspicuous place on or about the dwelling affected by the notice. 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.
(c) Noncompliance by Owner or Operator. Whenever, upon inspection of any
dwelling, the Housing Inspector finds that conditions or practices exist
which are in violation of any provisions of this Code, the Housing Inspector
shall give notice in writing as stipulated in Section 29.07(b).
If after a reasonable time period (such reasonable period to be promulgated by
rules and regulations posted or published by the Housing Code Administrator), the owner
and/or operator has not contacted the Housing Inspection Services Office to schedule the
required reinspections the Housing Inspector shall give notice in writing to the owner
and/or operator as to the date and time of the reinspection and failure to permit the
scheduled reinspection and such conditions or practices have not been remedied, the
owner and/or operator shall be subject to all of the penalties provided in this chapter.
(d) Noncompliance by Occupant. Whenever, the upon inspection of any
rental dwelling unit or rooming unit, the Housing Inspector finds that
conditions or practices exist which are in violation of any provisions of
Section 29.13 of this Code, the Housing Inspector shall give notice in
writing as stipulated in Section 29.07(b).
Any occupant found to be in violation of such provisions of Section 29.13 of this
Code who has not remedied such conditions or practices within a reasonable time
period may be served notice in writing by the Housing Inspector that unless the
violations are remedied by repair, replacement or cleaning within seven (7) days
after such notice, the occupant shall surrender possession to the owner within
seven (7) days of the first notice. Failure of the tenant to comply with the
requirements of this subsection shall subject the tenant to all of the penalties
provided in this chapter, except, any authority to evict the occupant shall be the
right of the owner or operator of the rental property. Giving possession by the
occupant does not preclude or abridge any rights and remedies which may be
provided by Chapter 562A of the Code of Iowa, nor relieve the occupant of any
obligations and liabilities provided under said chapter.
(e) Emergency Order. Whenever the Housing Inspector finds that an
emergency condition exists which requires immediate action, he/she shall
issue an order reciting the existence of such a condition and requiring that
action be taken as he/she deems necessary to abate the condition.
Notwithstanding any other provision of this Code, such order shall be
(f)
(g)
(h)
(i)
(j)
effective immediately and any person to whom such order is directed shall
comply therewith immediately; however, if within 48 hours (Saturdays,
Sundays and holidays excluded for purposes of computing said 48 hours) of
receipt of such emergency order, there is received on behalf of the Housing
Board of Appeals (to be filed in the office of the Housing Code
Administrator) from at least one appointed member of the Housing Board of
Appeals, a written request to stay the provisions of the emergency order,
such order and enforcement thereof shall be stayed until such time as the
Chairman of the Board may call a meeting of the Housing Board of Appeals
to hear the merits of the case. Such hearing shall be conducted in
accordance with Section 29.08 at which time it will be determined if the
provisions of this Code and the rules and regulations adopted pursuant
thereto have been complied with. The Housing Board of Appeals shall
continue such order in effect, or modify it, or revoke it.
Placarding Procedures. Any dwelling, dwelling unit or rooming unit
which is found to be so damaged, decayed, dilapidated, unsanitary, unsafe or
vermin infested, that it creates a serious hazard to the health or safety of the
occupants or of the general public shall be determined to be unfit for human
habitation and shall be so designated at which time a Notice of Intent to
Placard shall be served to both the owner or operator and the occupant. If,
after 14 days from receipt of such notice, no request for hearing before the
Housing Board of Appeals is received in the office of the Housing Code
Administrator, the affected premises shall be placarded by the Housing
Code Administrator.
Vacate Placarded Dwelling. Any dwelling, dwelling unit, rooming unit or
any portion thereof, placarded as being unfit for human habitation by the
Housing Code Administrator shall be vacated immediately as ordered by the
Housing Code Administrator.
To Re-Occupy Placarded Dwelling. No dwelling unit, rooming unit or
portion thereof, which has been placarded as unfit for human habitation
shall again be used for human habitation until written approval is secured
from, and such placard is removed by, the Housing Code Administrator.
The Housing Code Administrator shall remove such placard whenever the
defect(s) upon which the placarding action was based has been eliminated
and a current Certificate of Compliance has been issued for the rental
property.
Removal of Placard Prohibited. No person shall deface or remove a
placard from any dwelling, dwelling unit or rooming unit which has been
deemed unfit for human habitation and placarded as such, except as
provided in the above paragraph.
Rules and Regulations. The Housing Code Administrator is hereby
authorized to promulgate written rules and regulations. Said rules and
regulations shall establish administrative and procedural matters and may
also establish performance criteria which shall not be inconsistent with this
Code. The Housing Inspector shall make all rules and regulations available
(k)
(l)
29.08
to the general public. Standard forms and blank notices shall also be
available upon request.
Stay of Order. Upon receipt of a properly executed request for an appeal,
any order issued by the Housing Inspector or Housing Code Administrator
shall be stayed pending action by the Board of Appeals.
Other Remedies. No provisions or section of this Code shall in any way
limit any other remedies available under the provisions of this Code or any
other applicable law. See HUD guidelines for participation in the Section 8
Existing Housing Program.
HOUSING BOARD OF APPEALS.
Appointment.
1. There is hereby established a board to be known as the Housing Board
of Appeals, which consists of 7 members appointed by the Mayor with the
approval 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.
2. Officers of the Board shall be elected by the members at the annual
meetings of the Board.
3. All appeals and requests to the Board shall be filed with the Housing
Code Administrator’s office.
(b) Procedure. The Housing Board of Appeals shall establish its own rules of
procedure for accomplishment of its duties and functions provided that such
rules shall not be in conflict with the provisions of this Code and the laws of
the state of Iowa. Copies of the rules of procedure adopted by the Board
shall be made available to the public by the Housing Inspector.
(c) 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 40
days after a request for a hearing has been received in the office of the
Housing Code Administrator. 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.
(d) Minutes. Minutes of all meetings of the Housing Board of Appeals shall be
prepared and maintained as part of the public record.
(e) Appeals. Any person or persons adversely affected by any written notice or
order of the Housing Inspector may appeal to the Housing Board of
Appeals. An appeal fee a set by Council resolution shall accompany each
appeal.
(f) Appeal Procedure. A request for a hearing before the Housing Board of
Appeals shall be granted when a signed Appeal Request Form or signed
letter setting forth the issues is received in the office of the Housing Code
Administrator, acting in behalf of the Board, within 35 days of the date of
the initial notice of violation or order under this Code. However, if a notice
or order required the correction of a cited violation within a shorter period of
time, the appeal must be made within such shorter period.
(g) Waiver. Failure of any person to file an appeal request in accordance with
the provisions of this Code shall constitute a waiver of his/her right to an
administrative hearing and adjudication of the notice or order, or to any
portion thereof.
(h) Decisions. The Housing Board of Appeals may sustain, modify, extend or
revoke a notice from the Housing Inspector which decision shall be deemed
to be an order and the owner, operator or occupant as the case may require,
shall comply with all provisions of such order within a reasonable period of
time which shall be mailed by certified mail, return receipt requested, to the
affected parties within 7 days. The Board may also grant a variance from
any provision of this Code and in granting any variance or extension of time
to make repairs; the Board shall observe the following conditions:
1. Extension of Time. In lieu of or in addition to administrative
extensions, the Housing Board of Appeals 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 hardships in carrying out the strict letter of any notice or order.
2. Specific Variance. The Housing Board of Appeals may grant a
variance in a specific case and from a specific provision of this chapter;
provided that the Board makes a determination related to the following:
A. That the existing structure or structures cannot practicably meet
the standards in this Code but are not unsafe for habitation; or
B. That an extension would not constitute an appropriate remedy.
3. Petition for Certiorari. Any person or persons, jointly or severally,
aggrieved by any decision of the Housing Board of Appeals under the
provisions of this chapter, 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 filing of the decision of the office of the Board
29.09
CERTIFICATION.
(a) Certificate of Compliance. A Certificate of Compliance shall mean a
document which shows that the unit or units for which it is issued was in
compliance with the applicable provisions of this Code at the time of the last
inspection. The certificate shall be automatically transferred from one owner or
operator to another. The date of issuance of a new Certificate of Compliance
shall be the date of the initial inspection of the property as required by Section
29.06(c). A Certificate of Compliance shall state the date of last inspection, the
address of the structure to which it is applicable and the type or classification of
the dwelling.
(b) Disclaimer. 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 the Fire
or Zoning Code of the City of Cedar Rapids, Iowa.
(c) Registration. Each owner/operator, title holder or contract purchaser of
rental property subject to the provisions of this chapter shall register the same
with the office of the Housing Code Administrator within 30 days of transfer of
title or possession of such property. Failure to comply will constitute a violation.
It shall be the responsibility of the owner, title holder, contract purchaser or
operator of the rental property to inform the office of the Housing Code
Administrator of any change in address for the purposes of conducting business
and communicating with the Office of the Housing Code Administrator.
The owner or operator shall then be issued a certificate of registration
acknowledging registration of the rental property only, and specifically stating
that such certificate does not indicate that the property only, and specifically
stating that such certificate does not indicate that the property meets the
requirements of the Cedar Rapids Housing Code. No person shall rent, lease or
let for occupancy any dwelling unit or rooming unit unless the property has been
registered as above provided. The Housing Code Administrator will provide the
registrant with a certificate of registration within 30 days of such registration. A
registration fee as set by Council resolution shall accompany such registration
form.
(d) Certificate of Compliance. The City of Cedar Rapids shall issue a
Certificate of Compliance which shall be obtainable from the office of the
Housing Code Administrator when:
1. There exists a Certificate of registration on file with the office of the
Housing Code Administrator; and
2. It has been determined by a Housing Inspector that the provisions of
Sections 29.10, 29.11 and 29.12 have been complied with by the owner or
operator; and
3. Inspection fees; the amount of which shall be determined by resolution
of the City Council of Cedar Rapids, has been received by the Housing Inspector.
The Certificate, if withdrawn, shall be restored only upon a reinspection showing
Compliance with this Code and any additional fees due are paid in full.
4. Additionally, when a Certificate of occupancy is issued by the City of
Cedar Rapids Building, Housing and Zoning Department for new construction or
comprehensive rehabilitation (the Director of the Building, Housing and Zoning
Department will determine if this will be applied) of a dwelling containing one or
more dwelling units, the Housing Code Administrator shall issue a Certificate of
Compliance. (58-97)
(e) 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 unit or
rooming unit (except a rooming unit or units located within an owner-occupied,
single-family dwelling or condominium containing no more than two (2) roomers)
unless the owner or operator holds a valid rental Certificate of Compliance.
(f) Validity of Certificate of Compliance. A Certificate of Compliance shall be
valid for seven (7) years from the date of issuance unless suspended as set forth
below. However, automatic extensions shall be granted to cover any time period
between the stated expiration date and the period of time permitted by the
Housing Inspector to remedy any violations cited as a result of an inspection
occurring subsequent to the stated expiration date.
(g) Suspension of Certificate of Compliance. The Housing Code administrator
shall suspend a Certificate of Compliance if the owner or operator has not
complied with a notice of code violation. The administrator shall issue a notice of
suspended certification to the owner or operator that includes the following
information:
1. That the certificate of compliance has been suspended as of the date of
the notice.
2. The reason for the suspension.
3. That any rental unit that is vacant at the time of suspension or which
becomes vacant during the period of suspension shall not be rented or reoccupied
until the Certificate of Compliance is reinstated or a new Certificate of
Compliance is issued.
4. That failure to comply with the terms of suspension, as set out in this
section, shall be a violation of this Code.
5. That suspension of a Certificate of Compliance may be appealed to the
Housing Board of Appeals as provided for in Section 29.08 of this Code.
(h) Reinstatement of Suspended Certificate of Compliance. A suspended
Certificate of Compliance shall be reinstated if the Administrator determines that
a rental or rooming unit has been brought into compliance with the applicable
standards of this Code. Reinstatement of the Certificate shall not extend or
change the expiration date of the Certificate.
(i) Notice on Sale of Dwelling. Every person owning a rental property under this
chapter and offering such property for sale shall inform a prospective buyer of the
following:
1. Current status of the Certificate of Compliance.
2. Any notice regarding violations of the housing code that is outstanding
due to failure to correct violations.
3. Full information regarding any court action presently filed against the
property.
29.10
MINIMUM STRUCTURE STANDARDS FOR ALL DWELLINGS.
(a) Supplied Facility. Every supplied facility, piece of equipment and required
utility shall be constructed and/or installed such that it will not constitute a
violation of this Code nor expose occupants to any unsafe or unsanitary
conditions. Buildings and structures erected with applicable permits and
inspections and in possession of certificates of occupancy shall be deemed as
meeting the intent of the code. Modifications of said structures shall satisfy
current code requirements.
(b) Kitchens. Every dwelling unit shall have a kitchen room or kitchenette.
Every kitchen or kitchenette shall be equipped with the following:
a. It shall include a kitchen sink.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
b. It shall contain space capable of properly accommodating a
refrigerator and a stove or range and/or a microwave oven.
c. It shall contain proper access terminals to utilities necessary to
properly operate a refrigerator and stove or range in addition to 2
duplex outlets.
d. It shall include at least one cabinet suitable for the storage of food and
eating and cooking utensils.
e. Counters for food preparation shall be furnished with surfaces that are
easily cleanable and that will not impart any toxic or harmful effect to
food.
f. It shall contain at least one switched ceiling or wall-type electric light
fixture.
Toilet Required. Every dwelling unit shall contain a toilet.
Bath Required. Every dwelling unit shall contain a bath.
Lavatory Basin Required. Every dwelling shall contain a lavatory basin
within or adjacent to the room containing the toilet.
Privacy in a Room Containing Toilet and Bath. One toilet and a minimum
of one bath shall be contained within a room or within separate rooms which
afford privacy for a person within said rooms.
Water Heating Facilities Required. Every kitchen sink, bath and lavatory
basin required by this Code shall be properly connected to supplied water
heating facilities. Every supplied water heating facility shall be properly
connected and shall be capable of heating water to such a temperature as to
permit an adequate amount of water to be drawn at every kitchen sink, bath,
lavatory basin required by this Code to a temperature of not less than 120
degrees Fahrenheit (48 degrees Celsius). Such supplied water heating
facilities shall be capable of meeting the requirements of this section when
the required space heating facilities are not in operation.
Connection of Sanitary Facilities to Water and Sewer System. Every
kitchen sink, toilet, lavatory basin and bath shall be properly connected to an
approved water and sewer system.
Exits.
a. Every dwelling unit and rooming unit shall have at least one exit.
When one or more living/sleeping rooms are provided on the third
floor, a second exit shall be provided if the distance from the egress
window is more than 2 stories to the ground (up to a 2 story drop from
a third floor window to a first or second floor porch roof or
appurtenance). Every sleeping room below the fourth story shall have
at least one operable window or door approved for emergency escape
or rescue which shall open directly into a public street, public alley,
yard or exit court. The emergency door or window shall be operable
from the inside to provide a full, clear opening without the use of
separate tools.
i. Fire escapes may be used as one means of egress, if the incline
does not exceed 60 degrees, the width is not less than 18
inches, the treads are not less than 4 inches wide and they
extend to no more than 7 feet from the surface elevation or are
provided with counterbalanced stairs reaching to no more than
7 feet from the surface elevation. Access shall be by an
opening having a minimum dimension of 29 inches in height
when open. The sill shall be not more than 36 inches above the
floor and landing.
ii. A ladder device when used in lieu of a fire escape shall
conform to the following:
1. Serve an occupant load of 10 people or less;
2. The building does not exceed 3 stories in height;
3. The access is adjacent to a window opening having a
sill not more than 48 inches above the interior floor
surface for emergency egress or from a platform or
balcony;
4. The device does not pass in front of any building
opening below the unit being served.
b. Every means of egress shall comply with the following requirements:
i. Handrails. All stairways comprised of 4 or more risers shall be
provided with one handrail, except where a handrail is also
utilized as a guardrail. Handrails may be rebuilt to their
original legal nonconforming installation standards where strict
compliance to the Code would create a structural hardship or
be aesthetically unpleasing due to structural styling.
ii. Guardrails. All unenclosed floor and roof openings, open and
glazed sides of landings and ramps, balconies or porches which
are more than 30 inches above adjoining grade or above the
floor below, and any roof used for other than service of the
building, shall be protected by a guardrail. Guardrails may be
rebuilt to their original legal nonconforming installation
standards where strict compliance to the code would create a
structural hardship.
iii. Every stairway shall have a uniform riser height and uniform
tread width which shall be adequate for safe use.
iv. Doors and windows readily accessible from outside the unit
shall be lockable from inside the unit.
v. In basement units where one means of egress is a window, such
window shall have an unobstructed opening no less in area than
that required by the Building and/or Fire Code.
vi. Doorways within a dwelling unit shall be at least 6 feet high
and 24 inches wide. Door heights less than stated minimums
shall be at the discretion of the Housing Code Administrator
subject to compliance being a structural hardship.
(j) Natural Light.
a. Every habitable room except kitchens, kitchenettes, or bathrooms shall
have at least one window or skylight facing directly to outdoors. The
minimum total window or skylight area, measured between stops, for
every habitable room shall be at least 8 percent of the floor area of
such room. Sharing of natural lights and ventilation is allowed when
porches or other appurtenances provide at least the minimum of the
required natural light and ventilation for the habitable room being
served.
b. For the purpose of determining natural light and natural ventilation
requirements, any room may be considered as a portion of an adjoining
room when one-half of the area of the common wall is open and
unobstructed and provides an opening of not less than one-tenth of the
floor area of the interior room or 25 square feet, whichever is greater.
(k) Ventilation.
a. Interior Air Quality.
i. Every dwelling unit and rooming unit shall be free from
dangerous levels of air pollution from carbon monoxide, sewer
gas, fuel gas, dust, and other harmful air pollutants.
b. Natural Ventilation.
i. For natural ventilation, every habitable room shall have a
window or other such ventilating device with a total openable
area equal to at least 45 percent of the minimum window area
as required above. Sharing of natural light and ventilation is
allowed when porches or other appurtenances provide at least
the minimum of the required natural light and ventilation for
the habitable room being served.
ii. For natural ventilation, every kitchen or kitchenette shall have
a window or other such ventilation, every kitchen or
kitchenette shall have a window or other such ventilating
device with a total openable area equal to at least 4 percent of
the floor area of such room.
iii. For natural ventilation, every bathroom or toilet compartment
shall have at least one openable window of a minimum of 2
square feet of openable area facing directly to the outdoors or a
properly vented mechanical fan.
iv. Reserved.
v. Every window, soffit or roof vent, used or intended to be used
for ventilation of nonhabitable space and every other opening
to a cellar, crawl space or interior roof area, which might
provide an entry for rodents or birds, shall be supplied with a
heavy wire screen of not larger than one-fourth-inch mesh or
such device as will effectively prevent their entrance.
c. Mechanical Ventilation.
i. In lieu of openable windows or other such devices for natural
ventilation, adequate ventilation may be a system of
mechanical ventilation which provides not less than 2 air
changes per hour in all habitable rooms, bathrooms and/or
toilet compartments.
ii. Any kitchen or kitchenette lacking natural ventilation shall be
equipped with a system of mechanical ventilation which
provides at least 2 air changes per hour in said room. The
system shall exhaust and discharge directly to outside air.
iii. Any mechanical exhaust system for a bathroom shall be
discharged into an attic within 4 inches of a roof vent or
directly to the outside of the structure. All mechanical exhaust
systems for a kitchen shall be discharged directly to the outside
of the structure.
iv. Bathrooms which contain a bathtub, lavatory and toilet must
meet all requirements for bathrooms. When there exists a toilet
and/or shower in a room which is comprised of 400 square feet
or more and is in operating condition, requirements for
ventilation and area separation from fuel burning devices are
not necessary. (This primarily deals with toilets and showers
in the basement). If the fixture is present it must work; if it is
enclosed by more than 40 percent solid walls (a stall) then it
must meet the rest of the requirements of a bathroom.
Exception: The provision requiring mechanical ventilation
in kitchens and kitchenettes shall be waived upon a
showing to the Housing Inspector that a certificate of
occupancy or building permit or Housing Board of Appeals
approval has been issued in accordance with the local
Building Code for the affected dwelling, dwelling unit or
rooming unit by the appropriate authority.
(l) Heating.
a. Every dwelling shall have heating equipment and appurtenances which
are properly installed, and are capable of safely and adequately heating
all habitable rooms located therein to a temperature of at least 68
degrees maintaining said temperature at a distance of 3 feet above the
floor level. Such heating facilities shall be designed and equipped that
heat, as herein specified, is available for all dwelling units and
rooming units.
b. No central heating unit, space heater, water heater nor cooking
appliance shall be located such that it obstructs any portion of an exit.
c. Every fuel-burning heating unit or water heater shall be effectively
vented with adequate clearance in a safe manner to a chimney or duct
leading to the exterior of the building. The chimney, duct and vent
shall be of such design as to assure proper draft and shall be
adequately supported.
d. No fuel-burning furnace shall be located within any sleeping room or
bathroom unless provided with adequate ducting for combustion air
supply from the exterior and the combustion chamber for such heating
unit shall be sealed from the room in an air-tight manner. Fuelburning water heaters are prohibited in bathrooms and sleeping rooms.
e. Every steam or hot water boiler and every water heater shall be
protected against overheating by functioning pressure and temperature
limit controls.
(m) Electrical Requirements.
a. Every habitable room shall contain one switched light fixture and 2
duplex outlets in each habitable room or one switched duplex outlet
and one other duplex outlet. Duplex outlets shall be separate and
remote and where possible located on opposite walls. All outlets
located above and adjacent to work counters within three (3) feet of a
sink or water source shall be ground fault type.
b. Every bathroom or room containing a lavatory shall contain at least
one single convenience ground fault outlet. All outlets located above
and adjacent to the lavatory and/or vanity top within 3 feet of a water
source shall be of the ground fault design.
All rental units shall meet this requirement by January 1, 1999. Units
subjected to remodeling activity shall comply during remodeling.
Owners/managers shall notify the Housing Inspections Department as
compliance is achieved.
c. Every kitchen, kitchenette, bathroom lavatory room, toilet room,
laundry room, furnace room, basement and cellar shall contain at least
one ceiling or wall-type electric light fixture.
d. Every outlet and fixture shall be properly installed. Temporary wiring,
extension cords and insufficiently sized wiring shall not be used as
permanent wiring.
(n) Numbering. Every dwelling, whether occupied or vacant, shall be identified
with address numbers not less than three (3) inches in height placed
conspicuously on said dwelling so as to be plainly visible and legible from the
street and alley if the lot adjoins an alley. Alternative methods that provide a
comparable level of identification may be approved by the Housing Code
Administrator.
(o) Minimum Space, Use and Location Requirements.
a. Floor Area.
i. Dwelling units shall conform to the requirements of the Code
as herein provided:
1. Not more than one family, as defined by Section 29.05
of this chapter.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a separate bathroom
containing a water closet, lavatory and bathtub or
shower.
4. Board houses/congregate housing units shall meet the
provisions of this section and Section 29.11 of this
chapter.
Exception: Existing legal nonconforming structures
and mobile homes shall be exempt from the above
provisions provided original construction complied
with the codes in effect at that time and that no
alterations or reconstruction has caused the room or
rooms to be less than when originally constructed.
5. The dwelling unit shall have at least one bedroom or
living/sleeping room for each 2 persons considering the
general configuration and total size of the unit.
ii. In any habitable room where the ceiling is part of a sloping
roof, at least one-half of the floor area shall have a ceiling
height of 7 feet. Floor area, as stated above, shall mean the
area of the floor where the vertical measurement from floor to
ceiling is 5 feet or more.
iii. Obstructions of space by items such as plumbing equipment,
mechanical equipment and cabinetry shall be permitted when
such obstructions:
1. Are located within two (2) feet of a partition or wall;
and
2. Do not interfere with normal ingress and egress; and
3. Would not interfere with emergency ingress or egress;
and, if any obstructing item is obstructing ceiling space,
then such items shall not:
a. Be located less than 6 feet 4 inches from floor
level; and not
b. Occupy more than 25 percent of the cubic area
in the room which is between 6 feet 4 inches
and 7 feet from floor level.
29.11
MINIMUM STRUCTURE STANDARDS FOR ALL RENTAL
HOUSING.
(a) Direct Access.
1. Access to each dwelling unit or rooming unit shall not require first
entering any other dwelling unit or rooming unit (except that access to
rooming units may be through a living room, kitchen or hallway of a unit
occupied by the owner or operator of the structure).
2. No dwelling, dwelling unit or rooming unit containing 2 or more
sleeping rooms shall have such room arrangements that access to a
bathroom or toilet room can be had only be going through another
sleeping room.
Exception: This provision shall be waived upon a showing to the Housing
inspector that a family is occupying the affected unit as one housekeeping
organization.
3. A bathroom or toilet room shall not be used as the only passageway to
any habitable room, hallway or to the exterior of the dwelling unit or
rooming unit.
(b) Lighting of Public Halls and Stairways.
1. Public passageways and stairways in dwellings accommodating not
more than 4 dwelling units or rooming units shall be provided with a
constantly activated or automatically activated lighting system or a
convenient wall-mounted light switch which activates an adequate lighting
system.
2. Public passageways and stairways in buildings accommodating more
than 4 dwelling units or rooming units shall be lighted at all times with an
adequate artificial lighting system, except that such artificial lighting
system may be omitted from sunrise to sunset where an adequate natural
lighting system is provided.
3. Intensity of Light. An adequate lighting system as required herein,
shall mean an intensity of two (2) foot- candles at floor level. The
required intensity shall apply to both natural and artificial lighting.
(c) Fire Extinguishers. All fire extinguishers shall be maintained in an operative
condition at all times and shall be replaced or repaired when defective in accord with the
Cedar Rapids Fire Code.
1. Single Family Structure (Rental). One 1A10BC Fire Extinguisher shall
be provided in a properly mounted readily accessible location preferably
located near an exit and near the kitchen.
2. Multifamily Structures. Shall provide 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 may provide on 2A10BC fire extinguisher on each
occupied level within 75 feet of each dwelling unit extinguishers must be
readily accessible to all occupants for which they are provided.
3. One 2A10BC fire extinguisher shall be provided in a properly mounted
readily accessible location preferably located near an exit for each laundry
room that is shared by 2 or more dwelling units.
(d) Smoke Detectors. All rental dwelling units, dwellings containing one or
more rooming units and multiple dwellings shall be provided with smoke detectors on all
levels as approved by the Director of the Building, Housing and Zoning Department. All
smoke detectors shall be installed according to Cedar Rapids Fire Code regulations, and,
when actuated, shall provide an alarm for the dwelling unit or rooming unit. Detectors
hereafter installed in areas where sleeping rooms are on an upper level shall be placed
above the stairway.
1. In dwelling units and in rooming units containing kitchens or
kitchenettes, smoke detectors shall be mounted on the ceiling or wall at a
point in a location approved by the Director of the Building, Housing and
Zoning Department centrally located in the corridor or area giving access
to rooms used for sleeping purposes.
2. In all multiple dwellings and in all dwellings containing one or more
rooming units, smoke detectors shall be mounted on the ceiling or wall of
e ach common corridor or adjacent to sleeping areas or rooms.
(e) Toilets and Lavatory Basins. At least one toilet and one lavatory basin shall
be supplied for each 8 persons or fraction thereof residing within a dwelling containing a
rooming unit or units, wherever they share the facilities. Where rooming units are let
only to males, flush urinals may be substituted for not more than one-half of the required
number of toilets.
(f) Baths. At least one bath shall be supplied for each 8 persons or fraction
thereof residing within a dwelling containing a rooming unit or units, including members
of the owner’s/operator’s family whenever they share the use of said facilities.
(g) Location of Communal Toilets and Baths. Communal toilets and baths
shall be located on the same floor or the floor immediately above or below the rooming
unit.
(h) Communal Kitchens. If a communal kitchen is supplied, it shall comply
with the following requirements:
1. The minimum floor area of a communal kitchen shall be 35 square feet
for the first occupant using such facilities and there shall be additional 5
square feet for each additional occupant using such facilities.
2. The minimum floor area of a communal kitchen in which an occupant
is permitted to prepare and eat meals shall be 40 square feet and there shall
be an additional 10 square feet of floor space provided for each additional
occupant using such facility.
3. It shall contain a refrigerator with an adequate food storage capacity.
4. It shall contain a kitchen sink.
5. It shall contain a stove or range.
6. It shall include at least one cabinet of adequate size suitable for the
storage of food and eating and cooking utensils.
7. Every communal kitchen shall be located such that it is accessible to
the occupants of each rooming unit sharing the use of such kitchen,
without going outside of the dwelling and without going through a
dwelling unit or rooming unit of another occupant.
(i) Communal Dining Rooms. In every dwelling within which the occupant of
any rooming unit is permitted to prepare meals or cook within a communal kitchen which
contains less than the minimum floor area as required in Section 29.11(h), there shall be
supplied a communal dining room which complies with all of the following requirements:
1. Every communal dining room shall be located on the same floor as the
communal kitchen and such dining room shall be as nearly adjacent to the
communal kitchen as is practicable.
2. Every communal dining room shall be located such that it is accessible
to the occupant of each rooming unit sharing such dining room without
going outside of the dwelling and without going through a dwelling unit or
rooming unit of another occupant.
3. Every communal dining room shall contain not less than 70 square feet
of floor area.
(j) Kitchens—Stoves and Refrigerators.
1. Every kitchen and kitchenette shall contain a stove/microwave or range
and a refrigerator which shall be supplied by the owner, operator or
occupant. (58-97)
(k) Screens. From April 15th to October 15th of each year, every required
openable window shall be supplied with properly fitting screens having at least #16 mesh.
29.12
(a)
(b)
(c)
(d)
(e)
(f)
RESPONSIBILITIES OF OWNERS AND OPERATORS
RELATING TO THE MAINTENANCE AND OCCUPANCY OF
PREMISES.
Maintenance of Structure and Premises.
a. Every foundation, roof, floor, wall, ceiling, stair, step, elevator,
handrail, guardrails, porch, sidewalk and appurtenance attached thereto
shall be maintained in safe and sound condition and shall be capable of
supporting the loads that normal use may cause to be placed thereon.
b. Every foundation, floor, basement hatchway, exterior wall, exterior
door, window and roof shall be weathertight.
c. Every door, door hinge, door latch and door lock shall be maintained
in good and functional condition and every door, when closed, shall fit
reasonably well within its frame.
d. Every window, existing storm window, window latch, window lock
and other aperture covering, including its hardware, shall be
maintained in good and functional condition and shall fit reasonably
well within its frame.
e. Every interior partition, wall, floor ceiling and other interior surface
shall be maintained in an acceptable, serviceable and sanitary
condition, and where appropriate shall be capable of affording privacy.
f. The exterior of all structures and the premises shall meet all provisions
of this Code at all times, regardless of whether the property is
occupied or vacant.
Maintenance of Accessory Structure. Every foundation, exterior wall, roof,
window, exterior door and appurtenance of every accessory structure shall be
so maintained as to prevent the structure from becoming a harborage for rats
or other vermin and shall be kept in a reasonably good state of repair.
Rainwater Drainage. All eaves, troughs, downspouts and other roof
drainage equipment on the premises shall be maintained in good state of
repair and so installed as to direct rainwater away from any structure.
Grading and Drainage of Premises. Every premise shall be graded and
drained so no stagnant water will accumulate or stand thereon.
Chimneys and Smokepipes. Every chimney and every supplied smokepipe
shall be adequately supported and maintained in a clean and reasonably good
state of repair.
Protection of Exterior Surfaces. All exterior surfaces that deteriorate from
exposure to weather shall be protected from the weather by a properly applied
water-resistant paint or waterproof finish. Any exterior surface treated with
paint or other preservative shall be maintained so as to prevent chipping,
cracking or other deterioration of the exterior surface or the surface treatment.
During seasonal periods when painting is prohibited, said areas shall be
scraped with all painting being completed by the following July 1st. The
Housing Code Administrator may extend this time period if the weather has
not permitted sufficient time to complete repairs.
(g) Means of Egress. Every means of egress shall be maintained in good
condition and shall be free of obstruction at all times.
(h) Hanging Storm Windows. When provided, the owner or operator of the
premises shall be responsible for hanging all storm windows except where
there is an agreement between the owner and the occupant to the contrary.
(i) Electrical System. The electrical system of every dwelling or an accessory
structure shall not by reason of overloading, dilapidation, lack of insulation,
improper fusing or any other cause expose the occupants to hazards of
electrical shock or fire, and every electrical outlet, switch and fixture shall be
maintained in good and safe working condition.
(j) Maintenance of Plumbing Fixtures. Every required plumbing fixture and
water and waste pipe that is not under the exclusive control of an occupant
shall be maintained in good sanitary working condition.
a. All plumbing hereafter installed or replaced shall be so designed and
installed as to prevent contamination of the water supply through
backflow, back siphonage or cross-connection.
b. Water pressure shall be adequate to permit a proper flow of water from
each open outlet.
c. Kitchen garbage disposals (garbage grinder): if a garbage disposal is
provided it must be in operable condition otherwise it must be
repaired, replaced or removed.
(k) Maintenance of Gas Appliances and Facilities.
a. Every gas appliance shall be connected to a gas line with solid metal
piping except that listed metal appliance connectors or semi-rigid
tubing may be used if approved by the Housing Inspector.
b. Every gas pipe shall be sound and tightly put together and shall be free
of leaks, corrosion or obstruction so as not to reduce gas pressure or
volume.
c. Gas pressure shall be adequate to permit a proper flow of gas from all
open gas valves at all times.
(l) Maintenance of Heating Equipment. The 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. If the furnace, boiler, etc. is 10 or more years old or
has not been checked within the past 7 years, it 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 determine that carbon
monoxide levels are within safe limits for human habitation.
(m) Floors—Kitchen and Bathrooms. Every toilet room floor surface, bathroom
floor surface and kitchen or kitchenette floor surface shall be constructed and
maintained so as to permit such floor to be easily kept in a clean, dry and
sanitary condition.
(n) Required Facilities. Every facility and piece of equipment required by this
Code shall function safely and shall be maintained in proper working
condition. No required facility shall be removed, shut off or disconnected
from any occupied dwelling unit or rooming unit except for such temporary
interruption(s) as may be necessary while actual repairs, replacements or
alterations are being made.
(o) Supplied Facilities. Facilities and equipment not required by this Code shall
be maintained in safe and operable condition by the owner or operator except
when there is an agreement between the owner or operator and the occupant
stating that the occupant shall perform the duties as specified herein.
(p) Refrigerators and Stoves. All supplied refrigerators, stoves and ranges shall
be maintained in safe working condition.
(q) Sealed Passages. All pipe passages, chutes and similar openings through
walls or floors shall be adequately enclosed or sealed to prevent the spread of
fire or passage of vermin.
(r) Pest Extermination. Extermination of infestations shall be the property
owner’s responsibility in every instance and shall be provided as required.
Exception: Tenants of single family dwellings, non-owner occupied, shall be
responsible for said exterminations. This exception does not apply to
participants in the HUD Section 8 Existing Housing Program.
(s) Owner or Operator to Let Clean Units. No owner or operator shall permit
occupancy of any vacant dwelling unit or rooming unit unless it is sanitarily
acceptable and fit for human occupancy.
(t) Maintenance of Public Area.
a. Every owner or operator of a dwelling containing 2 or more dwelling
units or more than one rooming unit shall be responsible for
maintaining, in a safe and sanitary condition, the shared public areas of
the dwelling and premises thereof, unless there is an agreement
between the owner and occupant to the contrary.
b. The occupant of a single family structure shall be responsible for
maintaining the exterior of the structure and the premises in a safe and
sanitary condition and prevent the accumulation of garbage, refuse,
rubbish, household goods or personal possessions.
Household
furniture shall not be permitted to be stored or placed on an unenclosed
porch or on the premises. The owner/operator of the single family
structure shall be ultimately responsible for maintaining the exterior of
the structure and the premises if the tenant fails to do so.
(u) Maintenance of Fences. Every fence shall be kept in a reasonably good state
of repair or shall be removed. Fence repairs shall be made with materials that
match the balance of the fence.
(v) Garbage Disposals. Every owner or operator of a structure or complex
containing 5 or more dwelling units shall contract with a commercial disposal
company to provide a container(s) and regular scheduled removal of garbage.
Tenants/occupants will be responsible for supplying containers in all other
occupancies and making available for city pickup.
(w) Occupancy Control. No owner or operator shall knowingly allow the
occupancy of any dwelling unit or rooming unit to exceed the number of
persons permitted by this Code.
(x) Tiedowns. In the case of a mobile home, the home shall be securely anchored
by a tiedown device which distributes and transfers the load posed by the unit
to appropriate ground anchors so as to resist wind overturning and sliding.
(58-97)
(y) Securing of Buildings. Every unoccupied dwelling and accessory structure
shall be maintained in a secure fashion with all exterior openings, including
windows, doors and any other openings, intact and locked so as to prevent
entrance thereto by vandals, criminals, children or other unauthorized persons.
When a structure is required to be secured, openings shall be secured with a
minimum of ½ inch exterior plywood or OSB or such other comparable
material as may be approved by the Housing Code Administrator, sized to fit
the opening, suitably coated with an appropriate neutral color blending or
harmonizing with the exterior colors of the structure so as to be as
inconspicuous as possible.
29.13
RESPONSIBILITIES OF OCCUPANTS RELATING TO THE
MAINTENANCE AND OCCUPANCY OF PREMISES.
(a) Occupant Responsible for Controlled Area. Every occupant of a dwelling
unit or rooming unit shall keep said part of the dwelling, dwelling unit,
rooming unit or premises thereof he/she occupies and controls in an
acceptable sanitary and safe condition.
a. Every interior partition, wall, floor, floor covering, ceiling and other
interior surface shall be kept in a reasonably clean and sanitary
condition.
b. No dwelling or the premises thereof shall be used for the storage or
handling of refuse.
c. No dwelling or the premises thereof shall be used for the storage or
handling of dangerous or hazardous materials.
d. The exterior of the structure and the premises shall be maintained in a
safe and sanitary condition and the occupant shall prevent the
accumulation of garbage, refuse, rubbish, household goods or personal
possessions. Household furniture shall not be permitted to be stored or
placed on an unenclosed porch or on the premises.
(b) Plumbing Fixtures. The occupants of a dwelling unit and the occupants of a
rooming unit which have exclusive use of such plumbing fixtures shall keep
all supplied plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care, proper use and proper
operation thereof.
(c) Storage and Disposal of Garbage. Every occupant of a dwelling shall
dispose of rubbish, garbage, animal waste and any other organic waste in a
clean and sanitary manner by placing it in the supplied disposal facilities or
storage containers required by this Code or by having it removed from the
premises. Such containers are to be provided by the tenant(s) except as
provided for in Section 29.12(v).
(d) Use and Operation of Heating Facilities. Every occupant of a dwelling unit
or rooming unit shall be responsible for the exercise of reasonable care,
proper use and proper operation of any heating facilities that are under the
control of the occupant.
(e) Electrical Wiring. No temporary wiring or extension cords shall be used
except extension cords which run directly from portable electric fixtures to
convenience outlets and which do not lie beneath floor coverings or extend
through doorways, transoms or similar apertures and structural elements or
attached thereto. No occupant shall knowingly overload the circuitry of the
dwelling unit or rooming unit.
(f) Smoke Detectors. Every occupant of a dwelling unit shall, if the smoke
detector is battery operated, be responsible to maintain the device in proper
working condition. It is prohibited to remove the smoke detector or
disconnect it from its power source.
(g) Means of Egress. No occupant of a dwelling unit or rooming unit shall cause
any means of egress to be obstructed at any time.
(h) Required Facilities. Every occupant of a dwelling unit or rooming unit shall
keep all required fixtures and facilities that are under the exclusive control of
the occupant in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care, proper use and proper operation thereof.
(i) Supplied Facilities. Every occupant of a dwelling unit or rooming unit shall
keep all supplied fixtures and facilities that are under the exclusive control of
the occupant in a clean and sanitary condition.
(j) Preparation of Meals in Rooming Units. No occupant of a dwelling unit or
rooming unit shall prepare or cook meals in his/her rooming unit unless an
approved kitchen is contained within the rooming unit. The cooking and
eating of meals may take place in dwellings containing a rooming unit or
units if the provisions of Section 29.11 are complied with.
(k) Unlicensed Vehicles. No occupant shall cause an unlicensed vehicle,
inoperable vehicle or parts thereof to be stored on the premises unless in an
enclosed garage. This subsection shall be enforced under the provisions of
the Cedar Rapids Zoning Ordinance. (58-97)
(l) Window Screens. Every occupant of a dwelling unit or rooming unit shall
be responsible for maintaining screens in a good state of repair.
29.14
PENALTY.
Any owner, operator or occupant violating any provisions, section or paragraph of
this chapter shall be guilty of a misdemeanor, and upon conviction thereof be subject to a
fine of not more than $100.00 or be imprisoned for not more than 30 days or by
Municipal Infraction as prescribed by law. Each day a violation occurs shall constitute a
separate offense.
If any owner, operator or occupant violates any provision, section or paragraph of
this chapter, the City Council, in addition to other remedies, may institute injunctive
proceedings to enforce the provisions of this chapter. That for purposes of this remedy,
the injunctive relieve sought will be to have the violator mandatorily enjoined to correct
the violations, and upon failing to do so, the violator be punished for contempt of court.
(58-97)