Chapter 20 HOUSING

Sec. 20-1 General provisions.

(a) Title. This chapter shall be known and designated as the Ottumwa Housing Code, hereinafter referred to as "The Housing Code".

(b) Compliance with state code. The City of Ottumwa, in

compliance with the requirements of House File No. 2536 (68th G. A. 1979), hereby adopts the "Housing Quality Standards" promulgated by the United States Department of Housing and Urban Development (24 C.F.R. Sections 882. 109(a) through (1), the latest version being dated December 17, 1979) as the adopted model housing code for the City of Ottumwa. These "Housing Quality Standards" are set forth for reference purposes in section 20-9 herein. The City of Ottumwa has integrated the "Housing Quality Standards" in section 20-1 through 20-8 of the housing code which provisions, to be enforced by the City of Ottumwa, are as stringent as, or more stringent than, those in the model housing code as adopted.

(c) Purpose. It is hereby declared that the purpose of the Ottumwa Housing Code is to ensure that housing facilities and conditions are of the quality necessary to protect and promote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well. It is hereby further declared that the purpose of this chapter is to determine the responsibilities of owners, operators, occupants, and the city, necessary to maintain and administer the standards of the housing code.

(d) Scope. The provisions of this chapter shall apply to all dwellings, within the jurisdiction of the City of Ottumwa, used or intended to be used for human occupancy, except that said provisions shall not be applicable to temporary housing as defined herein. Sec. 20-2. Definitions.

For the purposes of this chapter, the terms defined herein shall have the following meanings:

Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof". Abandoned or abandonment means that a building has

remained vacant and has been in violation of the housing code of the city in which the property is located for a period of six consecutive months. Abate or abatement in connection with property means the

removal or correction of hazardous conditions deemed to constitute a public nuisance or the making of improvements needed to effect the rehabilitation of the property consistent with maintaining safe and habitable conditions over the remaining useful life of the property. However, the closing or boarding up of a building or structure that is found to be a public nuisance is not an abatement of the nuisance. Accepted or approved shall mean in substantial agreement

with the provisions of this chapter. Accessory structure shall mean a detached structure which is

not used, nor intended to be used, for living or sleeping by human occupants. Adjoining grade shall mean the elevation of the ground

which extends three (3) feet from the perimeter of the dwelling. Approved (see" acceptable") Appurtenance shall mean that which is directly or

indirectly connected or accessory to a thing. Attic shall mean any story situated wholly or partly

within the roof and so designed, arranged or built to be used for business, storage or habitation. Authorized agent shall mean a natural person, eighteen (18)

years of age or older, who is customarily present in an

office in Ottumwa, Iowa for the purpose of transacting business, or who actually resides in Ottumwa, Iowa, and who shall be designated by the owner of rental residential property to receive notice of violation pursuant to this Code and to receive court process on behalf of such owner in connection with the enforcement of ordinances relating to such rental property. An owner, who, is a natural person and who meets the address requirements of this definition as to either the location of his/her residence or the place of transacting business may designate himself/herself an agent. Basement shall mean a portion or story of a building, next

below the first or main floor which mayor may not be considered habitable space.

Bath shall mean a bathtub or shower stall connected with

both hot and cold water lines. Building means a building or structure located in a city,

which is used or intended to be used for residential purposes, and includes a building or structure in which some floors may be used for retail stores, shops, sales rooms, markets or similar commercial uses, or for offices, banks, civic administration activities, professional services, or similar business or civic uses, and other floors are used, designed, or intended to be used residential purposes.

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.

Central heating system shall mean a single system supplying

heat to one or more dwelling unit(s) or more than one rooming unit.

Communal shall mean used or shared by, or intended to be used

or shared by, the occupants of two (2) or more rooming units or two (2) or more dwelling units.

Condemned shall mean the declaration, by the Ottumwa Board

of Health, that a dwelling or dwelling unit is unfit for use or service and is, by whatever reason, beyond reasonable repair.

Condominium shall mean a dwelling unit which is in

compliance or conformance with the requirements of Chapter 499B of the Code of Iowa, 1979, as amended.

Cooperative shall mean a dwelling unit which is in

compliance or conformance with the requirements of Chapter 499A of the Code of Iowa, 1979, as amended. Court shall mean an open unoccupied space, other than a

yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court. 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. Director shall mean City Administrator or his/her

designee. Duplex shall mean any habitable structure containing two

(2) single dwelling units. The classification shall be

determined by the existence of two (2) separate dwelling units, as defined herein, and shall not be based upon the identity of the occupants. 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.

Dwelling, multiple (see "multiple dwelling"). Dwelling, single-family (see "single-family dwelling"). Dwelling unit shall mean any habitable room or group of

adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used for living, sleeping, cooking and eating of meals. Egress shall mean an arrangement of exit routes to provide a

means of exit from buildings and/or premises. 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.

Extermination shall mean the control and elimination of

insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the inspector.

Family shall mean an individual or two (2) or more persons

related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

Garbage shall mean animal or vegetable waste resulting from

the handling, preparation, cooking or consumption of food and shall also mean combustible waste material. The term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, and other combustible materials.

Habitable room shall mean a room, or enclosed floor space,

having a minimum of seventy (70) square feet of total floor area within a dwelling unit or rooming unit used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces, stairways, and

recreation rooms in basements (see "recreation room in basement").

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.

Inspector shall mean the person appointed as such by the city

administrator with approval of city council. Said inspector shall assist the director.

Kitchen shall mean a habitable room used or intended to be

used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less

than forty (40) square feet in area. Kitchen sink shall mean a basin for washing utensils used

for cooking, eating and drinking, located in a kitchen and connected to both hot and cold water lines. Lavatory shall mean a hand washing basin which is connected

to both hot and cold water lines, which basin is separate and distinct from a kitchen sink. Living room shall mean a habitable room within a dwelling

unit which is used, or intended to be used, primarily for general living purposes.

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 to permit the vehicle to be used as a place for human habitation by one or more persons.

Multiple dwelling shall mean any dwelling containing three (3)

or more dwelling units. Occupant shall mean any person, including owner or

operator, living in, sleeping in, and/or cooking in, or having actual possession of, a dwelling unit or a rooming unit. Operator shall mean any person who rents to another or who 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.

Owner shall mean any person who has custody and/or control of

any dwelling, dwelling unit or rooming unit by virtue of a contractual interest in or legal or equitable title to said

dwelling, dwelling unit or rooming unit. Owner shall also mean any person who has custody and/or control of any dwelling, dwelling unit or rooming unit as guardian.

Permit (see "rental permit") Person shall mean any individual, firm, corporation,

association, partnership, trust or estate. Placard shall mean a display document showing that the unit

for which it is issued has been determined to be unfit for human habitation. Plumbing shall mean and include any or all of the following

supplied 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 fixtures together with all connections to water, sewer or gas services. Premises shall mean a lot, plot or parcel of land

including a building or buildings and/or accessory structure(s) thereon. Privacy shall mean the existence of conditions which will

permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons.

Public Nuisance means a building that is a menace to the

public health, welfare, or safety, or that is structurally unsafe, unsanitary, or not provided with adequate safe egress, or that constitutes a fire hazard, or is otherwise dangerous to human life, or that in relation to the existing use constitutes a hazard to the public health, welfare or safety, by reasons of inadequate maintenance, dilapidation, obsolescence, or abandonment. Public way shall mean any parcel of land, unobstructed

from the ground to the sky, more than ten (10) feet in width, appropriated to the free passage of the general public.

Recreation room in basement shall mean a room located in a

basement used for general recreation purposes and not used, nor intended to be used for sleeping. This room shall be in addition to the minimum space and facility requirements for a dwelling unit or rooming unit.

Refuse shall mean waste materials (except human waste)

including garbage, rubbish, ashes and dead animals.

Refuse container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents that is capable of being serviced without creating unsanitary conditions. Regulations (see "rules"). Remodeled shall mean work that would require a permit

under the current Uniform Building Code. Rental permit shall mean a document, issued periodically,

which grants the owner or operator the option of letting a unit for rental purposes and showing that the unit for which it is issued was in compliance with the applicable provisions of this chapter at the time of issuance.

Roomer shall mean an occupant of a rooming house or rooming

unit and shall also mean an occupant of a dwelling who is not a member of the family occupying the dwelling.

Rooming house shall mean any dwelling, or that part of any

dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. Occupants of units specifically designated as dwelling units within a rooming house shall not be included in the roomer count.

Rubbish shall mean inorganic waste material consisting of

combustible and/or noncombustible materials. Rules and regulations shall mean those administrative

procedures adopted by the director for the efficient internal management of the housing and health departments. All rules and regulations shall be limited to departmental administrative and procedural matters, rather than substantive matters, and shall not be inconsistent with this chapter.

Single-family dwelling shall mean a structure containing one dwelling unit.

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 ground, to another structure, or to any utilities system on the same premises for more than twenty-one (21) days.

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.

Unsafe buildings shall mean all buildings or structures

which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relationship to existing use constitute a hazard to safety to health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the abatement of Dangerous Buildings or by any other procedures provided by law. Sec. 20-3 Inspection and Enforcement.

(A) Authority. The director is hereby authorized to administer and enforce the provisions of the housing code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures and premises located within the City of Ottumwa, Iowa, in order that he/she may perform his/her duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public under the provisions of the housing code. The inspector is to assist the director in his/her duties.

(B) Inspections.

(1) Inspections of owner-occupied dwellings.

(a) Inspections of owner-occupied single-family

dwellings, condominiums and cooperatives shall occur only upon request or complaint to the inspector and/or director and only the standards of sections 20-5, 207 and 20-8 shall be applicable.

(b) Inspections of owner-occupied single-family dwellings, condominiums and cooperatives containing a family plus one or two (2) roomers shall occur only upon request or complaint to the inspector and/or director and the standards of sections 20-5 through 20-8 shall be applicable.

(2) Inspections of structure items. The provisions of sections 20-5 and 20-6 shall be "only structure standards applicable to a dwelling. When remodeling occurs that requires permits it must meet current City of Ottumwa Electrical, Plumbing, Building and Mechanical Codes.

(3) Maintenance inspections. All rental units shall be

inspected every three (3) years.

Exceptions: 1. Any unit with more than fifteen (15) major deficiencies

discovered during a regular rental inspection will have an annual rental inspection until fewer than fifteen (15) deficiencies are noted. (See separate policy defining major deficiencies) . 2. Any unit in which three (3) or more valid complaints

have been registered within any twelve (12) month period shall have a regular rental inspection annually until fewer than three (3) valid complaints are noted in a twelve (12) month period.

(C) Access by owner or operator. Any person owning rental residential property in the city of Ottumwa, Iowa shall provide to the director, in writing, the name, local business address, and telephone number, of a natural person eighteen (18) years of age or older, who is customarily present in an office in Ottumwa, Iowa for the purpose of transacting business, one who actually resides in Ottumwa, Iowa, and who shall be designated by the owner as his/her authorized agent for receiving court process on behalf of such owner in connection with the enforcement of ordinances relating to such rental property. The name of such authorized agent and such local business address and telephone number shall be provided at the time of filing application for a rental permit or within three (3) months from the effective date of this section, whichever shall first occur. A person who becomes title holder or contract purchaser of a rental residential property shall provide the information required in this subsection within thirty (30) days from the date of the transfer or date of the contract. An owner who is a natural person and who meets the address requirement of this subsection as to either the location of his/her residence or the place of transacting business may designate himself/herself an agent. The term "local business address" as used in this section shall refer to an address within Ottumwa, Iowa. 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 effective 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 the housing code.

(D) Access by inspector. The director, inspector or any person authorized by the director is hereby authorized to conduct consensual inspections of any dwelling within Ottumwa, Iowa, in order to perform the duty of safeguarding the health, safety and general welfare of the occupants or the public.

Whenever necessary to make an inspection to enforce any of the provisions of the housing code or whenever the inspector has reasonable cause to believe that there exists in any dwelling, dwelling unit, rooming unit or premises any violation of any provision of the housing code or in response to a complaint that an alleged violation of a provision of the housing code may exist, the director, inspector or any person authorized by the director may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the inspector by the housing code; provided, that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The director or authorized representative shall at such time:

(1) Identify himself/herself and his/her position; and (2) Explain why entry is sought; and

If entry is refused, the director or the inspector shall request that the inspection be conducted at a reasonable time, suitable to the owner or occupant. If the request for future entry is refused, the inspector shall at that time, or at a later time, explain to the owner and/or occupant that:

(1) The occupant may refuse, without penalty, entry without a search warrant; and

(2) The director may apply to the magistrate for a search

warrant. (E) Search Warrant. If consent to inspect a building is

withheld by any person or persons having the lawful right to exclude, the director may apply to a magistrate of the Iowa District Court in and ,for Wapello County, Iowa for a search warrant of the building. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the director or his/her authorized representative for the purpose of inspection and examination pursuant to the housing code.

(F) Service of Notice. Whenever the inspector determines that there has been a violation of any provision of the housing code, he/she shall give notice of such violation and advise appeal procedures to the person or persons responsible therefore. Such notice shall:

(1) Be in writing.

(2) Include a sufficiently detailed description of the violation, including the section of the housing code violated, and the location on the premises, if applicable;

(3) Include a statement of the reason or reasons why it is

being issued; (4) 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 the housing code;

(5) Be served upon the owner or operator or the occupant, as

the case may require; provided that such notice shall be deemed to be properly served upon each 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, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof; by mail to his/her last known address; or if the letter is returned showing it has not been delivered to him/her, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice;

(6) 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 public file maintained by the health department.

(G) Inspection board of review. In order to provide for interpretation of the provisions of the housing code and to hear appeals provided for hereunder, there is hereby established an inspection board of review consisting of five (5) members none of whom are employees of the city. The mayor shall designate a secretary to the board. The board shall be appointed by the mayor and approved by the city council. Upon the effective date of this subsection, each member will serve a five (5) year term. Appeals to the board shall be processed pursuant to section 20-3(1). The board shall adopt bylaws for the conduct of it meetings and hearings as the particular circumstances require. Copies of the bylaws adopted by the board shall be delivered to the director (the chief inspector in building, electricity, fire, heating, and plumbing) who shall make them freely accessible to the public. The board shall also sit as the review board regarding Chapter 10 (Buildings), 13 (Electricity), 14 (Fire), 19 (Heating), and 27 (Plumbing) and shall have the jurisdiction of subsection (H) and the powers of and follow the procedures of subsection (I) herein below in processing and adjudication matters before it arising out of said chapter, except the board shall have no authority regarding

licensing of persons to engage in the work regulated by said chapters which said power is vested by said chapters in the examining boards created in the chapters.

(H) Inspection board of review jurisdiction. Any persons affected by any written notice, but not limited to the following notices, or any persons wishing to submit any petition, but not limited to the following petitions, may appeal to the housing [inspection] board of review as provided in subsection 20-3(1).

(1) Notice of housing code violation, (2) Notice denying a certificate of structure compliance, (3) Notice denying a rental permit, (4) Notice revoking a rental permit, (5) Notice of placarding, (6) Petition for revocation of a certificate of structure

compliance, (7) Petition for variance.

If the board sustains or modifies a notice, it 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 determined by the said board of review.

(I) Inspection board of review procedures. (1) Application for a hearing. Applications for hearings

shall be filed with the city clerk within thirty (30) days from the date of any notice given by the city.

(2) The inspection board of review, upon receipt of an appeal

request, shall set a time and place for the hearing. The applicant shall be advised, in writing, of such time and place, at least seven (7) days prior to the date of the hearing.

(3) At such a hearing the applicant shall have an opportunity

to be heard and to show cause as to why such notice or order should be modified, extended, revoked or why a variance should be granted.

(4) The inspection board of review, by a majority vote, may

sustain, modify, extend or revoke a notice, or grant or deny a variance.

(5) The inspection board of review may grant variances or extensions of time to make repairs. In the event that an extension and/or variance is granted, the board shall observe the following conditions:

(a) In lieu of or in addition to administrative

extensions, the inspection board of review may grant an extension or extensions of time for the compliance of any order or notice, provided that the board makes specific findings of fact based on evidence related to the following:

1. There are practical difficulties or unnecessary hardships

in carrying out the strict letter of any notice or order; and 2. That such an extension is in harmony with the general

purpose and intent of this chapter in securing the public health, safety, and general welfare.

(b) Except under extraordinary circumstances, the extension or sum of extensions shall not exceed eighteen (18) months.

(c) The inspection board of review may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on the evidence presented on the record as a whole, and related to the following:

1. That there are practical difficulties or unnecessary

hardships in carrying out a strict letter of any notice or order; and

2. That due to particular circumstances presented, the

effect of the application of the provisions would be arbitrary in the specific case; and

3. That an extension would not constitute an appropriate

remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and

4. That such variance is in harmony with the general

purpose and intent of this chapter in securing the public health, safety and general welfare.

(d) Upon appeal, or by petition, the housing [inspection]

board of review shall consider the adoption of a general variance. The inspection board of review by a majority vote may establish a general variance for existing structures which cannot practicably meet the standards of the code. Prior notice shall be given. A general variance, if granted, shall: 1. State in what manner the variance from the specific

provision(s) is to be allowed; and 2. State the conditions under which the variance is to be

made; and 3. Be based upon specific findings of fact based on

evidence related to the following:

a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and

b. That such variance is in harmony with the general

purpose and intent of 'this chapter in securing the public health, safety and general welfare.

The effective date of the variance shall be thirty (30) days

after notification to the city council unless vetoed by an extraordinary majority of the city council during said thirty-day period.

(J) Emergency orders. Whenever the director or inspector, in the enforcement of the housing code, finds that a condition exists which requires immediate action to protect the health or safety of the occupants and/or the general public, he/she may, without notice or hearing, issue an order reciting the existence of such a condition and requiring the action be taken such as he/she deems necessary to abate the condition. If necessary, the director may order that the premises be vacated forthwith and they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the housing code, such order shall be effective immediately, or in the time and manner prescribed by the order itself.

(K) 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 public shall be determined to be unfit for human habitation and shall be so designated and placarded by the director.

(L) Vacate placarded dwelling. (1) Any dwelling, dwelling unit, rooming unit, or any

portion thereof, placarded, as being unfit for human habitation by the director shall be vacated immediately or as ordered by the director. A person(s) may be in a placarded dwelling, dwelling unit, rooming unit, or any portion thereof, from 7:00 AM through 10:00 PM for the purpose of cleaning and repair only. No one is to be in a placarded dwelling, dwelling

unit, rooming unit, or any portion thereof, from 10:00 PM through 7:00 AM without express written permission from the director.

(2) When the dwelling or dwelling unit has been vacated, it

must immediately be secured to prevent entry by unauthorized persons, animals, or vermin. It must be kept secure throughout the period of time that it remains placarded.

(3) No placarded dwelling(s) or dwelling unit(s) shall be

used for storage without express written permission of the director.

(M) Prerequisites to occupy placarded dwelling. No dwelling,

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 director or designee. All required repairs to a placarded dwelling or dwelling unit must be completed within thirty (30) days from the receipt of the deficiency list. If the repairs cannot be completed within thirty (30) days the owner/operator shall provide to the director, in writing, a plan for repair.

This repair plan is to have a time table that is separated into thirty (30) day periods, not to exceed six (6) calendar months, outlining what repairs are to be completed in those periods. The director may extend the time table, by up to six (6) months, at his/her discretion. Additional extensions may be granted by the Board of Health. Failure to provide and/or follow the repair plan may result in the director declaring the placarded dwelling or dwelling unit a public nuisance and proceeding to condemnation referral as outlined in 20-3 (o).

(N) 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 subsection 20-3(M).

(O) Condemnation referral; dangerous housing or accessory

structure. When, in the opinion of the director, a housing structure, building or an accessory structure, by reason of its condition, abandonment, or for reasons as stated elsewhere in this chapter, may constitute a public nuisance threatening to the health and safety of the public, the following procedure shall commence forthwith:

(1) The director shall declare in a letter mailed by certified

mail, return receipt requested, and addressed to each known owner, each tenant, and any other person known to have a property interest, if any, in the real estate upon which such

structure is located, that:

(a) Such structure constitutes a public nuisance threatening to the health and safety of the public and must be removed and the ground upon which it stands leveled.

(b) Such action must be taken by the owner or owners within

a period of time set by the director, who, in setting such time period, shall take into account the condition and deterioration of the structure, its potential for rehabilitation and the severity and imminence of the threat to health or safety.

(c) In the event such structure is not so removed and the

ground leveled within such time period, the matter of its removal shall be presented to, considered by, and voted upon by the board of health of the City of Ottumwa, Iowa at a public hearing on a date which shall be set forth in such letter.

(d) If an owner or other person with a property interest in such property wishes to present evidence in resistance to the director's determination or otherwise contest such intended action at such hearing, then such person must file written statement with the city clerk within five (5) days of the receipt of such letter of determination, setting forth the reasons why such action should not be ordered by the board of health. The city clerk shall distribute such filing to the board of health, the director, and the city attorney at least five (5) days before the date of such hearing. Failure of the owner or other person with a property interest in said property to so file such statement shall be deemed a waiver of such owner's or other interest's right to present evidence in resistance to the director's determination, or to otherwise contest such action, at such hearing.

(2) If the board of health, upon such hearing, confirms the action of the director, it shall condemn the structure and order prompt demolition and removal and leveling of such property and shall direct that all costs attendant to such action, including administrative costs, shall be either assessed against the property or collected from the owner or owners thereof. Alternately, if the board of health, upon such hearing, determines that further time should be allowed for the owner to demolish and remove the structure and level the property, it may extend the time within which action shall be taken to a date certain but shall otherwise confirm the determination of the director, condemn the structure, and order the actions herein set forth.

(3) If the board of health, upon such hearing, determines

that such property should not be demolished, it shall revoke such determination and direct such other action as it deems appropriate in the circumstances.

(4) In the event an owner or person with a property interest

in the premises cannot be found before the board of health hearing at which the intended action is to be considered, an affidavit shall be presented at that hearing, completed by the person or persons who attempted to locate such person, describing the efforts made. In such event, the board of health shall determine if such efforts were sufficient and if the condition of the premises is such that a public nuisance exists and immediate action must be taken to protect the public health and, based upon its finding may:

(a) Order prompt demolition of the offending structure or:

(b) Direct the legal department to file an action in district court to abate the nuisance.

(5) Nothing in this section shall be construed to proscribe the procedure set forth in other sections of the Code of Ordinances (City Code) with respect to action which may be taken by the director to abate a public nuisance.

(P) Rules and regulations. The director shall make all rules and regulations available to the general public. Standard forms and blank notices shall also be available upon request.

(Q) Penalty. Any violation of this chapter shall be considered a misdemeanor as provided for under Chapter 1 of the Code of Ordinances of the City of Ottumwa, Iowa.

(R) Rights. Any person affected by any action, interpretation, notice or order which has been issued in connection with the enforcement of this ordinance may request, and shall be granted, a hearing on the matter pursuant to the provisions of this chapter, section 20-3(1).

(5) Other remedies. No provisions or section of this chapter shall in any way limit any other remedies available under the provisions of the housing code or any other applicable law.

Sec. 20-4. Rental permit.

(a) Requirements for rental property. It shall be a violation of this Code for any person to let to another for occupancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner-occupied single-family dwellings, condominiums, and cooperatives containing no more than two (2) roomers) or rooming house unless:

(1) The owner or operator holds a valid rental permit, issued

by the health department, in the name of the owner or operator, applicable to those portions of the specific structure used for residential rental purposes.

(b) Rental permit. A rental permit shall be a document

indicating compliance with the housing code at the time of issuance and shall be valid for the length of time as stated on the permit. The document shall be transferable from one owner or operator to another at any time prior to its expiration, termination, or revocation. The owner or operator shall notify, the health department of any change of interest or ownership in the property within thirty (30) days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the last inspection date, and its expiration date. All dwelling units and rooming units being let for occupancy without a valid permit or application for the same on file with the city and fees paid may be ordered vacated.

(c) Application for rental permit. The owner or operator

shall file, in duplicate, an application for rental permit with the health department on application forms provided by the director and shall cause an inspection of all dwellings, dwelling units or rooming units listed on the application to be made within ten (10) business days of this application.

(d) Issuance of a rental permit. When all provisions of the housing code have been complied with by the owner or operator, the health department shall issue a rental permit upon payment of a fee, the amount of which shall be set by resolution of the city council of Ottumwa, Iowa.

(e) Revocation of a rental permit. The inspection board of

appeals shall consider the revocation of a rental permit if petitioned by the director for such revocation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place and time of the inspection board of appeals consideration of the petition and may appear and defend. The board may revoke

a rental permit upon finding of a violation of any provision of section 20-7.

(f) Hearing when a rental permit is denied. Any person whose application for a certificate of rental permit has been denied, may request and shall be granted a hearing on the matter before the inspection board of review under the procedures provided herein. Application for the appeal hearing must be made within ten (10) days of receipt of the written notice of denial. Sec. 20-4.1. Fees.

(a) Rental dwelling operating fee, dwelling inspection fees and delinquent rental permit fees shall be established by resolution of the City Council of the City of Ottumwa, Iowa.

(b) Dwelling Re-Inspection Fees. If upon regular rental

inspection violations are noted and a notice of violation is served, there shall be no charge for the reinspection if all violations are corrected within the time allowed. If the violations remain uncorrected at the time of reinspection, there shall be charged a fee of twenty dollars ($20) per dwelling, dwelling unit or rooming unit for said reinspect ion and for every reinspection thereafter.

(c) Any additional regular rental inspections (more than one in any three (3) year period) will have an additional charge of twenty dollars ($20) per inspection.

(d) Revocation of Rental Permit for Delinquent Fees. Any

rental permit issued may be declared invalid and may be revoked by the Director or the Department if fees become delinquent and/or are unpaid. Dwelling units and rooming units being let for rent and occupancy without a valid permit may be ordered to be vacated upon revocation of the rental permit.

(e) Penalty for failure to pay fees. Any person who,

without good cause, fails to pay any fee required by this section within thirty' (30) days of inspection or reinspection shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) or shall be imprisoned for not more than thirty (30) days. Sec.20-5. Minimum structure standards for all dwellings.

(a) Supplied facility. Every supplied facility, piece of equipment or required utility shall be constructed and/or installed so that it will function safely.

(b) Kitchens. Every dwelling unit shall have a kitchen

room or kitchenette equipped with the following:

(1) It shall include an approved kitchen sink. (2) It shall contain space capable of properly

accommodating a refrigerator and a stove or range. (3) It shall contain proper access terminals to utilities

necessary to properly operate a refrigerator and stove or range.

(4) It shall include adequate space for the storage and

preparation of food. (c) Toilet required. Every dwelling unit shall contain a

toilet. (d) Bath required. Every dwelling unit shall contain a

bath. (e) Lavatory basin required. Every dwelling unit shall

contain a lavatory basin within or adjacent to the room containing the toilet.

(f) Privacy in a room containing toilet and bath. Every

toilet and every bath shall be contained within a room or within separate rooms which afford privacy for a person within said rooms.

(g) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the housing code shall be properly connected with 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 and lavatory basin required under the provisions of the housing code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48) degrees centigrade). Such supplied water heating facilities shall be capable of meeting the requirements of this section even when the required space heating facilities are not in operation.

(h) Connection of sanitary facilities to water and sewer systems. Every kitchen sink, toilet, lavatory basin and bath shall be properly connected to an approved water and sewer system. All plumbing systems shall be properly connected to an approved water and sewer system.

(i) Exits. (1) a. Newly constructed structures that fall within the

jurisdiction of this code shall have exits that comply with the

latest adopted building code of the City of Ottumwa.

b. When existing single family houses are converted to multi-family rental units or duplexes, each unit shall provide two (2) separate and remote exits or:

(1) As with any new construction or remodeling, comply

with current building codes with respect to exits and egress, or

(2) Provide sprinklers throughout the structure which

conform with codes that are current at the time of installation.

(3) Every means of egress shall comply with the following

requirements:

a. Handrails. All stairways comprised of four (4) or more risers shall be provided with a substantial and safe handrail.

b. Guardrails. All non enclosed floor and roof openings,

open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or above the floor below, and any roof used for other than service of the building, shall be protected by a substantial guardrail.

c. Every stairway shall have a uniform riser height and

uniform tread width which shall be adequate for safe use. d. Doors and windows readily accessible from outside

the unit shall be lockable from inside the unit.

e. 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 in the building and/or fire codes. Required egress windows shall have an unobstructed opening and an area no less than required in the building code.

f. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the fire codes of the State of Iowa and the City of Ottumwa.

g. Every doorway providing ingress or egress from any

dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. (j) Natural light. (1) Every habitable room except a kitchen shall have at least

one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops,

for every habitable room shall be at least ten (10) percent of the floor area of such room or that amount of window and/or skylight area specified by the local building code.

(2) 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 twenty-five (25) square feet, whichever is greater.

(k) Ventilation. (1) Interior air quality. 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.

(2) Natural ventilation.

a. Every window or other device with openings to the outdoor space, used for ventilation, shall be supplied with screens of not less than sixteen (16) mesh per inch.

b. The total openable window area in every habitable room

shall be equal to at least forty-five (45) per cent of the minimum window area as required above.

c. Every door opening directly from a dwelling unit or

rooming unit to outdoor space, the use of which is necessary to meet the minimum ventilation requirements of this Code, shall have a supplied screen or screens and a self-closing device.

d. Every cellar window, soffits or roof vent, used or

intended to be used for ventilation, 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.

e. For natural ventilation, every bathroom or toilet

compartment shall have at least one openable window facing directly to the outdoors and at least forty-five (45) per cent of the window must be operable (openable).

(3) Mechanical ventilation.

a. In lieu of openable windows for natural ventilation, adequate ventilation may be a system of mechanical ventilation which provides not less than two (2) air changes per hour in bathrooms or toilet compartments.

b. No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar unless such attic, crawl space or cellar is adequately vented to the outside.

c. Any kitchen or kitchenette lacking natural ventilation

shall be equipped with a system of mechanical ventilation which provides at least two (2) air changes per hour in said room. The system shall exhaust and discharge directly to outside air.

(1) Heating.

(1) Every dwelling shall have heating facilities which are

properly installed to the current Uniform Mechanical Code adopted by the City and shall safely and adequately heat all habitable rooms, bathrooms and toilet rooms located therein to a temperature of a least seventy (70) degrees Fahrenheit (twenty (20) degrees centigrade) at a distance of three (3) feet above the floor level at all times. Return air in newly registered rentals, or current rentals when the furnace is replaced, shall not be discharged into another dwelling unit through the heating system.

(2) Every central heating unit, space heater, water heater and cooking appliance shall be located and installed in such a manner as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure.

(3) Every fuel-burning heating unit or water heater shall be effectively vented 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. Unvented room heaters which burn gas, oil or kerosene are unacceptable.

(4) No fuel-burning furnace shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. Fuel-burning water heaters are prohibited in bathrooms and sleeping rooms.

(5) Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls.

(6) Every fuel-burning space heating unit and water shall be equipped with an electronic ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the event of a failure of the ignition device. All such heating units shall have a limit control to prevent

overheating.

(m) Electrical requirements.

(1) Every dwelling unit shall be connected to an approved power source (i.e. IES utilities) outside the dwelling unit and have a minimum of a 100 amp service.

(2) Every habitable room shall contain at least two (2) separate wall-type electrical double convenience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) per cent of the perimeter of the room. Every such outlet and fixture shall be properly installed. (Floor-type outlet will be acceptable if already in existence as of date of adoption of this Code).

(3) Every habitable room, toilet room, bathroom, laundry room, furnace room, basement and cellar shall contain at least one supplied ceiling or wall-type electric light fixture or switched outlet. Every such outlet and fixture shall be properly installed.

(4) Temporary wiring or extension cords shall not be used as permanent wiring.

(5) New and remodeled rental property requires ground fault circuit - interrupter protection as specified by Section 210-8 of the 1993 National Electrical Code. The areas where GFCI protection is required are as follows:

a. Bathrooms b. Garages

c. Outdoors where there is direct grade level access to

the receptacles.

d. Receptacles serving counter top surfaces, installed within six (6) feet of a wet bar or kitchen sink.

e. All replacement receptacles in these areas must be

GFCI protected.

f. In crawl spaces at or below grade level and one (1) must be GFI protected in unfinished basements.

(6) All supplied closet light fixtures shall conform to the current edition of the National Electrical Code as adopted by the city, in all new and/or remodeled dwelling units.

a. Fixture types permitted. Listed fixtures of the

following type are permitted to be installed in a

closet. A surface mounted or recessed incandescent fixture with a completely enclosed lamp or a surface mounted or recessed fluorescent fixture.

b. Location. Fixtures in closets shall be permitted to be installed as follows: Surface mounted incandescent fixtures may be installed on the wall above the door or on the ceiling, provided there is a minimum clearance or 12 in. between the fixture and the nearest point of storage space. Surface mounted fluorescent fixtures may be installed on the wall above the door or on the ceiling, provided there is a minimum clearance of six (6) in. between the fixture and the nearest point of storage space. Recessed incandescent fixtures with a completely enclosed lamp may be installed in the wall or the ceiling, provided there is a minimum clearance of 6 in. between the fixture and the nearest point of storage space. Recessed fluorescent fixtures may be installed in the wall or ceiling provided there is a minimum clearance of 6 in. between the fixture and the nearest point of storage space.

(n) Minimum space, use and location requirements. (1) Floor area per occupant.

a. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof.

b. For the purpose of determining the maximum permissible

occupancy, the floor area of that part of a room where the ceiling height is less than five (5) feet shall not be considered when computing the total floor area of the room.

(2) Maximum occupancy. Not more than one family, except for

guests or domestic employees, shall occupy a dwelling unit unless a rental permit for a rooming house has been granted.

(3) Sleeping rooms. In every dwelling unit of two (2) or more

rooms and every rooming unit, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor area for the first occupant thereof and at least forty (40) square feet of floor area for each additional occupant thereof.

(4) Ceiling height. The ceiling height of every habitable room shall be at least seven (7) feet.

a. In any habitable room where the ceiling is a part of

sloping roof, at least one-half of the floor space [area] shall have a ceiling height of at least seven (7) feet. Floor area, as

stated above, shall mean the area of the floor where the vertical measurement from floor to ceiling is five (5) feet or more.

b. Obstructions of space by such items as water and gas

pipes, cabinetwork, etc., shall be permitted when such obstructions are located within two (2) feet of a partition or wall, do not interfere with normal ingress and egress, would not interfere with an emergency ingress or egress, and are approved by the inspector. Obstruction of ceiling space shall be permitted when such obstruction is located at a height of not less than six (6) feet, four (4) inches from the floor and which does not occupy more than twenty-five (25) per cent of the cubic area of the space within a room which is further than six (6) feet, four (4) inches from the floor. (O) Retaining walls. (1) All retaining walls, man made or natural materials,

shall be capable of withstanding the loads placed against them, and maintained in a safe condition. Must be designed in accordance with DBC Section 2308.

(p) Tie downs. In the case of a mobile home, the home shall

be securely anchored by a tie down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

(q) Temporary housing. Temporary housing as defined in this

ordinance, is not to be used for more than twenty-one (21) days in a calendar year on private property. Temporary housing is not to be used on public property except in those areas specifically designated for such activities by the city council of Ottumwa, Iowa.

(r) Lead paint. Upon finding peeling or chipping paint in or on a dwelling unit, accessory structure, appurtenance, or other building, the director may require that a lead inspection be conducted to determine whether lead is present. This inspection may also be required in cases of lead poisoned children. All paint that has been determined to have a lead content of 1% or greater shall be kept in a lead safe condition or removed. Failure to prevent/repair lead hazards may result in the property being placarded an unfit for human habitation.

Sec. 20-6. Minimum structure standards for all rental housing.

(a) Direct access. 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 or kitchen of a unit occupied by the

owner-operator of the structure). No dwelling, dwelling unit, or rooming unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hallway, basement, cellar 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 two (2) to four (4) dwelling units or rooming units shall be provided with a convenient wall-mounted light switch(s) which activates an adequate lighting system.

(2) Public passageways and stairways in buildings

accommodating more than four (4) dwelling units or rooming units shall be lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of a building exceeds one hundred (100) persons, the artificial lighting system as required herein shall be on an emergency circuit.

(c) Fire extinguishers. Fire extinguishers suitable for the

occupancy and which are approved by the fire marshall shall be provided for every single-family dwelling, dwelling unit within a duplex, multiple dwelling, and rooming house. Fire extinguishers shall be properly hung in an area of easy access, minimum lA-1OBC.

(d) Early warning fire protection system. All dwelling units

and rooming houses shall be provided with smoke detectors as approved by and installed in accordance with rules established by the fire marshal. All detectors shall be located according to manufacturer’s directions. Care shall be exercised to ensure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm for the dwelling unit or rooming unit.

(e) Toilets and lavatory basins. At least one toilet, and one

lavatory basin shall be supplied for each eight (8) persons or fraction thereof residing within a dwelling containing a rooming unit or units, including members of the operator's family wherever they share the said facilities, provided that in a rooming house where rooms 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 eight

(8) persons or fraction thereof residing within a dwelling containing a rooming unit or units, including members of the 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) Lead-based paint. Every owner or operator of a dwelling

unit or rooming unit being let for occupancy shall, on forms provided by the city, certify that the dwelling is in accordance with HUD lead-based paint regulations, 24 CFR, Part 35, issued pursuant to the Lead-Based Paint Poisoning Prevention Act. Every dwelling that has been determined to contain lead-based paint shall be kept in a lead safe condition.

(i) 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

sixty (60) square feet; (2) The minimum floor area of a communal kitchen in which

roomers are permitted to prepare and eat meals shall be one hundred (100) square feet;

(3) It shall contain a refrigerator with an adequate food

storage capacity; (4) It shall contain an approved 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) It shall contain at least six (6) square feet of surface

area which is easily cleanable and suitable for the preparation of food;

(8) It shall contain a table and adequate chairs for the

normal use of the facilities if a communal dining room is not supplied;

(9) Every communal kitchen shall be located within a room

accessible to the occupants of each rooming unit sharing the use

of such kitchen, without going outside the dwelling and without going through a dwelling unit or rooming unit of another occupant.

(j) Communal dining rooms. Every dwelling unit or rooming

house, within which the occupant of any rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in subsection 20-6(i), shall contain a communal dining room which complies with all of the following requirements:

(1) Every communal dining room shall be located on the same

floor of the rooming house 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 within a room

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) It shall contain a table and adequate chairs for the normal user of the facilities.

(4) Every communal dining room shall contain not less than

seventy (70) square feet of floor area.

(k) Kitchen stoves and refrigerators. Kitchens or kitchenettes in multiple dwellings, rooming houses and duplexes shall be supplied with a stove or range and a refrigerator by the owner or operator.

(1) Tie downs. In the case of a mobile home, the home shall be securely anchored by a tie down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

(m) GFCI protection. New and remodeled rental property requires ground fault circuit interrupter protection as specified by Section 210-8 of the 1993 National Electrical Code. The areas where GFCI protection is required is as follows:

1. In bathrooms.

2. Garages. 3. Outdoors where there is direct grade level access to the

receptacles.

4. Receptacles serving counter top surfaces, installed within six (6) feet of a wet bar or kitchen sink.

5. All replacement receptacles in these areas must be GFCI protected.

6. In crawl spaces at or below grade level and one (1)

must be GFI protected in unfinished basements. Sec. 20-7. Responsibilities of owners relating to the maintenance and occupancy of premises.

(a) Maintenance of structure. (1) Every foundation, roof, floor, wall, ceiling, stair,

step, elevator, handrail, guardrail, porch, sidewalk, retaining wall and appurtenance 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.

(2) Every foundation, floor, exterior wall, exterior door,

window, and roof shall be maintained in reasonably weather-tight, water-tight, rodent-proof, and insect-proof condition.

(3) 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.

(4) 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.

(5) Every interior partition, wall, floor, ceiling, and

other interior surface shall be maintained so as to permit it to be kept in a clean and sanitary condition, and where appropriate, shall be capable of affording privacy.

(b) Maintenance of accessory structures. Every foundation,

exterior wall, roof, window, exterior door, basement hatchway, 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.

(c) Rainwater drainage. All eaves troughs, down spouts, and

other roof drainage equipment on the premises shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure(s).

(d) Grading, drainage and landscaping of premises. Every

premise shall be graded and drained so no stagnant water will accumulate or stand thereon. Every premise shall be continuously maintained by suitable landscaping with grass, trees, shrubs, or other planted ground cover designed to reduce and control dust. Exception: This chapter shall not affect the existence or maintenance of storm water detention systems.

(1) Open holes (footings, foundations, etc.) unless under full time construction, shall be closed up within 15 days not to exceed 90 days without written approval of the inspection department.

(e) Chimneys and smoke pipes. Every chimney and every

supplied smoke pipe shall be adequately supported, reasonably clean, and maintained in a reasonably good state of repair, including an approved chimney cap.

(f) Protection of exterior wood surfaces. All exterior wood

surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances shall be reasonably protected from the elements and against decay by non-lead-based paint or other approved protective coating. Exception: Where it can be demonstrated that the exterior wood surface is comprised of a type or species of wood or has been treated in such a way as to cause it to be especially resistant to decay or infestation, the wood surface in question, if approved by director or the inspector, shall be exempted from the above listed requirement.

(g) Means of egress. Every means of egress shall be

maintained in good condition and shall be free of obstruction at all times. If the means of egress is a fire escape, it shall be maintained in a good state of repair.

(h) Hanging screens and storm windows. The owner or operator

of the premises shall be responsible for hanging all screens and storm windows except when there is a written agreement between the owner and the occupant to the contrary. Screens shall be provided no later than the first day of May of each year and storm windows shall be provided no later than the first day of November of each year.

(i) Electrical system. The electrical system of every

dwelling or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, improper fusing, or for 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 supplied plumbing fixtures. Every supplied

plumbing fixture and water and waste pipe shall be maintained in good and sanitary working condition.

(1) All plumbing hereafter installed or replaced shall be so designed and installed as to prevent contamination of the water supply through back flow, back siphonage, or cross-connection.

(2) Water pressure shall be adequate to permit a proper

flow of water from all open outlets at all times. (k) Maintenance of gas appliances and facilities. (1) 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 director or the inspector.

(2) Every gas pipe shall be sound and tightly put together

and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume.

(3) Gas pressure shall be adequate to permit a proper flow

of gas from all open gas valves at all times. (l) Maintenance of heating and supplied cooling equipment.

The heating equipment and supplied cooling equipment of each dwelling unit shall be maintained in good and safe working condition. The supplied heating equipment shall be capable of heating all habitable rooms, bathrooms, and toilet rooms located therein to the minimum temperature required by this Code.

(m) Floors in kitchen and bathroom. Every toilet room floor

surface, bathroom floor surface, and kitchen 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) Supplied facilities. Every facility, utility and piece of

equipment required by this Code and/or present in the unit and/or designated for the exclusive use by the occupants of said unit at the time that either the rental agreement is signed or possession is given, shall function safely and shall be maintained in proper working condition. Maintenance of facilities, utilities, and equipment not required by this Code shall be the owner's responsibility unless stated to the contrary in the rental agreement.

No supplied 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) Refrigerators and stoves. All supplied refrigerators, stoves and ranges shall be maintained in good and safe working condition.

(p) Toilets, baths and lavatory basins. All toilets, baths

and lavatory basins shall be maintained in good and sanitary working conditions.

(q) Fire protection. All fire extinguishers and early warning

fire protection systems shall be maintained in good working condition at all times.

(r) Covered cisterns. All cisterns or similar water

storage facilities shall be fenced, safely covered, or filled in such a way as not to create a hazard to life or limb.

(s) 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.

(t) Pest extermination. Whenever infestation exists in two

(2) or more of the dwelling units or rooming units of any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, extermination thereof shall be the responsibility of the owner. (u) Owner to let clean units. No owner shall permit occupancy

of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy.

(v) Maintenance of public areas. Every owner or operator

of a dwelling containing two (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 a written agreement between the owner and occupant to the contrary.

(w) Maintenance of fences, outbuildings and garages. Every fence, outbuilding and garage shall be kept in a reasonably good state of repair or shall be removed.

(x) Garbage disposal. Every owner of a dwelling shall

supply adequate facilities and means for the disposal of garbage which are approved by the director or inspector and/or are in compliance with the Code of Ordinances of Ottumwa.

(y) Occupancy control. No owner or operator shall allow the

occupancy of a dwelling, dwelling unit or rooming unit to exceed the number of persons listed per this code. A dwelling

unit shall not be occupied by a number of persons greater than the sum of one family.

(z) Cooking and eating in rooming units. No owner or operator

shall allow the use of cooking equipment within any rooming unit.

Sec. 20-8. 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 in a clean, safe and sanitary condition that part of the dwelling, dwelling unit, rooming unit, or premises thereof he/she occupies and controls.

(1) Every floor and floor covering shall be kept

reasonably clean and sanitary. (2) Every wall and ceiling shall be kept reasonably clean and

free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the

improper storage or handling of refuse. (4) No dwelling or the premises thereof shall be used for the

storage or handling of dangerous or hazardous materials. (b) Plumbing fixtures. The occupants of a dwelling unit 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) Extermination of pests. Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied by him/her whenever aid unit is the only one infested.

Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

(d) Storage and disposal of garbage. Every occupant of a

dwelling shall dispose of rubbish, garbage, 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.

(e) Use and operation of supplied 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 supplied heating facilities.

(f) 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 are attached thereto. The occupant shall not overload the circuitry of the dwelling unit or rooming unit.

(g) Supplied facilities. Every occupant of a dwelling unit

shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use, and proper operation thereof.

(h) Preparation of meals in rooming units prohibited. No

occupant of a rooming unit shall prepare [meals] or store cooking utensils in his/her rooming unit unless an approved kitchen and/or dining room is contained within the rooming unit. The cooking of meals may take place in dwellings containing a rooming unit or units if the provisions of section 20-6(i) are complied with.

(i) Occupancy control. The occupancy per dwelling shall not

exceed the number of occupants per square footage set forth in Ottumwa Municipal Code 20-5-n-l-(a)&(b).

(j) Smoke alarms and fire extinguishers. The occupant of a

dwelling unit shall be responsible for the cleaning of and replacement of batteries in smoke alarms. It shall be a violation of this code for anyone to tamper with or disable a smoke alarm. Tenants shall be responsible for informing the landlord of an intentional discharge of a fire extinguisher for the purpose of obtaining a replacement.

Sec. 20-9. Title 24 of the Code of Federal Regulations; Section 882.109(a) through (1);

"Housing Quality Standards".

Housing used in this program shall meet the performance requirements set forth in this section. In addition, the housing shall meet the acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations.

(a) Sanitary facilities.

(1) Performance requirement. The dwelling unit shall

include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.

(2) Acceptability criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system.

(b) Food preparation and refuse disposal. (1) Performance requirement. The dwelling unit shall contain

suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary.

(2) Acceptability criteria. The unit shall contain the

following equipment in proper operating condition: Cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).

(c) Space and security. (1) Performance requirement. The dwelling unit shall

afford the family adequate space and security. (2) Acceptability criteria. A living room, kitchen area, and

bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two (2) persons. Exterior doors and windows accessible from outside the unit shall be lockable.

(d) Thermal environment. (1) Performance requirement. The dwelling unit shall have and

be capable of maintaining a thermal environment healthy for the human body.

(2) Acceptability criteria. The dwelling unit shall contain

safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable.

(e) Illumination and electricity. (1) Performance requirement. Each room shall have adequate

natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.

(2) Acceptability criteria. Living and sleeping rooms shall

include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two (2) electrical outlets, one of which may be an overhead light, shall be present and operable in the living area, kitchen area and each bedroom area.

(f) Structure and materials. (1) Performance requirements. The dwelling unit shall be

structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment.

(2) Acceptability criteria. Ceilings, walls and floors

shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. In the case of a mobile home, the home shall be securely anchored by a tie down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

(g) Interior air quality. (1) Performance requirement. The dwelling unit shall be

free of pollutants in the air at levels which threaten the health of the occupants.

(2) Acceptability criteria. Dwelling units shall be free

from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathrooom areas shall have at least one openable window or other adequate exhaust ventilation.

(h) Water supply. (1) Performance requirement. The water supply shall be free

from contamination. (2) Acceptability criteria. The unit shall be served by an

approved public or private sanitary water supply. (i) Lead-based paint. (1) Performance requirement a. The dwelling unit shall be in compliance with HUD

lead-based paint regulation, 24 CFR, Part 35, issued pursuant to the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801, and the owner shall provide a certification that the dwelling is in accordance with such HUD regulations.

b. If the property was constructed prior to 1950, the

family upon occupancy shall have been furnished the notice required by HUD lead-based paint regulations and procedures regarding the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning.

(2) Acceptability criteria. Same as performance

requirement. (j) Access. (1) Performance requirement. The dwelling unit shall be

usable and capable of being maintained without unauthorized use of private properties, and the building shall provide an alternate means of egress in case of fire.

(2) Acceptability criteria. The dwelling unit shall be

usable and capable or being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through windows).

(k) Site and neighborhood. (1) Performance requirements. The site and neighborhood

shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety and

general welfare of the occupants. (2) Acceptability criteria. The site and neighborhood shall

not be submitted to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mud slide; abnormal air pollution, smoke or dust; excessive accumulation or trash; vermin or rodent infestations; or fire hazards.

(l) Sanitary condition. (1) Performance requirement. The unit and its equipment

shall be in sanitary condition. (2) Acceptability criteria. The unit and its equipment

shall be free of vermin and rodent infestation.