Chapter 5.28 RENTAL HOUSING PERMITS

For the purpose of interpreting this chapter, certain words, terms and expressions are herein defined. Words used in the present tense include the future; the singular number includes the plural, the plural includes the singular; the word "shall" is always mandatory. The words "dwelling" and "dwelling unit" shall be construed as though they were followed by the words "or any part thereof".
A. "Dwelling" means any house, building or mobile home, or portion thereof, intended to be occupied as the place of habitation of human beings, either permanently or transiently.
B. "Dwelling unit" means one or more rooms intended to be occupied by one family for living purposes. If a common area and facilities for cooking and eating are provided in a dwelling for the use of the occupants of a rooming unit(s) therein or for fraternity or sorority members, such common area and facilities shall constitute a part of each dwelling unit for the purpose of inspection and compliance with this chapter, notwithstanding the fact that cooking is not allowed in rooming units.
1. "Apartment" means a room or group of rooms intended to be occupied for living, sleeping, cooking and eating.
2. "Rooming unit" means a room or group of rooms intended to be occupied for living and sleeping but not for cooking.
C. "Rental property" means 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 county assessor. Exceptions:
1. 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, mother or father, mother-in-law, father-in-law or grandparent.
2. Bed and breakfasts, commercial hotel and motel occupancies which offer lodging accommodations primarily for periods of time less than thirty days.
3. Housing units which are specifically approved as elderly or low-income rental units as designated by U. S. Housing and Urban Development, State of Iowa Housing Authority; or any other federal or state agency authorized to make such designations.
4. College-owned dormitories excluding single-family dwellings.
D. "Roomer" means 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.
E. "Family" means two or more persons occupying a single dwelling unit. Unless all members are related by blood, common marriage or adoption, no such family shall contain over four persons. (Ord. 1046 § 1 (part), 2002)

A. No owner or operator shall rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a valid rental permit has been issued, or an application for the same is on file, for such dwelling unit. When a rental permit has been denied or revoked, it shall be unlawful for an owner or operator to rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a valid rental permit has been issued.
B. No person shall occupy, nor shall the owner or operator allow any person to occupy, any dwelling unit more than thirty days after the effective date of the denial or revocation of a rental permit for that dwelling unit or after the housing inspector finds that the vacation of the dwelling unit is necessary before abatement of a nonconformance can reasonably proceed. An owner or operator has not unlawfully allowed occupancy of a dwelling unit where the owner or operator has made a good faith effort to terminate the rental agreement and take possession of the dwelling unit as provided by Iowa law, or where the owner or operator has no right to disallow the occupancy under Iowa law.
C. No person shall permit a state of nonconformance to exist after the time set by the housing inspector for abating the nonconformance.
D. No person shall fail to fulfill the specific obligations placed upon them by the provisions of this chapter relating to minimum property standards, whether they be owner, operator or occupant.
E. A violation of any provision of Chapter 5.28, Rental Housing Permits, shall be a municipal infraction punishable by a penalty of five hundred dollars for a person’s first violation thereof and a penalty of seven hundred fifty dollars for each repeat violation. Application for a hearing under Section 5.28.120 shall stay the city manager from issuing a citation with respect to the matter appealed until after the city council has rendered its decision. (Ord. 1046 § 1 (part), 2002)

A. Application for a rental permit shall be submitted in writing, on forms provided, to the city manager by the owner or operator who shall be required to provide all requested information, including but not limited to:
1. The address or addresses of the dwelling;
2. The number and type of dwelling units in the dwelling;
3. The zoning district in which the dwelling is located;
4. The name, address and telephone number of:
a. The owner,
b. The operator who must be one natural person living close enough to Decorah so as to conveniently act as agent or operator, or other person with whom the city manager will communicate with respect to the dwelling unit and the requirements of this chapter.
B. The failure of the applicant to provide any of the information required by this section may prevent the application from becoming effective for the purposes of this chapter, notwithstanding the payment of any fees. (Ord. 1046 § 1 (part), 2002)

A. The city manager shall cause to be attached to the city’s billing for inspection fees authorized by Section 5.28.060 a yearly registration form. The registration form shall request an updating of at least the same information as required by Section 5.28.040.
B. The owner shall return the completed registration form to the city manager within thirty days of receipt of same. Failure to complete or return the registration from shall result in a revocation of the rental permit or denial of the application for the same.
C. The implementation of the rental permits contemplated by this section shall be on a city ward-by-ward basis. The issuance of the first rental permits shall commence with the fourth ward, followed by the third ward, the second ward, the first ward and finally the fifth ward. After completion of the initial licensing, the license shall continue on a year-to-year basis on the anniversary date of issuance, subject to the inspection requirements set out hereinafter. (Ord. 1099 § 1 (part), 2007; Ord. 1046 § 1 (part), 2002)

Before any action shall be taken as provided in this chapter, the person or persons or agent filing an application for a rental permit and arranging for an inspection shall pay to the city clerk a permit fee and inspection fee as established from time to time by the city council by appropriate resolution which fees shall be set out in an appendix to the Decorah Municipal Code. Amounts due and payable under said schedule for fees shall constitute a debt owed to the city and may be enforced and collected as such. Failure or refusal to pay fees required also constitute a violation of this section. (Ord. 1099 § 1 (part), 2007)

A rental permit issued for a dwelling unit shall be effective until thirty days after a change in ownership or operation, unless sooner revoked pursuant to Section 5.28.100.
A. Upon transfer of ownership of the property for which the rental license has been issued, the new owner or operator of the property shall apply for a transfer of the rental license within thirty days after the date of transfer of ownership of the residential rental property. The rental license shall be transferred to the new owner or operator without charge or without reinspection, and the rental license shall expire on the expiration date of the previous rental license. (Ord. 1046 § 1 (part), 2002)

A. Upon receiving an application for a rental permit, the city manager shall arrange to inspect the dwelling by contacting the person designated as agent for communications concerning this act pursuant to Section 5.28.040 and requesting that person set a time for inspection.
B. The operator shall arrange such inspection within a reasonable time, not to exceed two weeks from the date of the city manager’s request for inspection. Failure of the operator to do so may result in denial or revocation of the rental permit.
C. The operator or agent shall be present at the dwelling at the time set for inspection and shall accompany the inspector during such inspection.
D. The city manager shall conduct all inspections during reasonable hours of the day and after presentation of proper identification. The owner may arrange, and the occupant shall have the opportunity, to be present during an inspection; such arrangements to be made by the operator. Written application for a rental permit shall constitute consent by the owner to an inspection. Arrangements to enter shall be made with occupant. In all cases, if the occupant or owner of a dwelling unit refuses entry to conduct inspection, the city shall not conduct any such inspection without a search warrant.
E. Purpose of the inspection is to assure compliance by the owner with the minimum property standards set out hereinafter in Section 5.28.130. The inspection is for the sole purpose of determining the existence of properly functioning and operating smoke detectors and exit windows as prescribed in said Code Section and is not to be construed as an inspection for any other purpose.
F. Inspections under this chapter shall be required upon initial application for a rental permit, upon any subsequent transfer of ownership or operation of the rental property and every three years thereafter except that the city manager may for reasonable cause request that the property be inspected at any time. (Ord. 1099 § 2, 2007; Ord. 1046 § 1 (part), 2002)

A. Any aggrieved person may within two weeks of the date of written decision of the city manager file a written application for hearing before the city council. Such application shall be made upon forms to be supplied by the city clerk and shall include a copy of the decision appealed, the specific details being appealed and such other documentary evidence as the appellant desires to bring to the attention of the city council. Such application shall be accompanied by a filing fee which shall be returned to an applicant only when the city council overrules a decision or determination of the city manager concerning this chapter.
B. To assure orderly procedure, the city manager shall present the records, reports and testimony of witnesses to support his decision or order appeal. The appellant who may be represented by an attorney shall be given an opportunity to present documentary evidence and testimony of witnesses in support of the appeal. The city council may also direct that other witnesses be called and may call upon any city department for assistance or advice. All witnesses shall be subject to cross-examination by the opposing party. The appellant shall have the burden of proof.
C. Hearing shall be at city council meetings and open to the public during the presentation of testimony and other evidence and during any argument or discussion by the council. Upon completion of the submission of evidence, the city council shall make its determination based thereupon. The city council may request assistance from the city attorney in formalizing its final findings and determinations which shall be issued in written form. Findings and determinations will be made no later than thirty days after the hearing. (Ord. 1046 § 1 (part), 2002)

A. The owner shall provide each level of each dwelling unit, including basements, with at least one functioning UL-approved smoke detector; and
B. The owner shall provide each of the common halls of each multiple dwelling with at least one functioning UL-approved smoke detector.
C. Every sleeping room below the fourth story shall have at least an openable window or exterior door for emergency rescue. The unit shall be openable from the inside without the use of separate tools. Any new or replacement windows in a sleeping room shall have a minimum net clearance opening of 5.7 square feet. The minimum net clearance opening height dimension shall be twenty-four inches. The minimum clear opening shall be twenty inches. Where windows are provided as a means of rescue, they shall have a finished sill height of not more than forty-four inches above the floor.
D. Every sleeping room in a basement must have at least openable window or exterior door for emergency rescue. The window or exterior door shall be openable from inside without the use of tools. (Ord. 1046 § 1 (part), 2002)

Where a lawful structure exists at the effective date of the adoption of the ordinance codified in this title as defined and described in Section 5.28.130 herein, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way in which increases its nonconformity.
B. Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this title.
C. Should the premises upon which this structure is located be remodeled, rehabilitated or undergo a major reconstruction, the structure must be brought into compliance with the requirements of Section 5.28.130. For purposes of this section, major reconstruction or rehabilitation shall be defined as construction, reconstruction or rehabilitation of the premises the cost of which exceeds thirty-five percent of the full taxable value of the improvements of the subject property, excluding the land. This subsection shall not apply in cases of undue financial hardship or where to do so would cause the property owner to violate historic preservation requirements as determined by the city.
D. A sleeping room in a basement unit without emergency exterior exit shall not be considered or afforded status as a nonconforming use. (Ord. 1046 § 1 (part), 2002)