1.   The City hereby adopts by reference the housing quality standards promulgated by the United States Department of Housing and Urban Development, as set forth in the Federal Register, December 29, 1978, Part VII, Sec. 882.109, and as provided for by Section One of House File 2536, enacted by the 69th General Assembly of the State of Iowa.

2.   The purpose of this chapter is to establish minimum health and safety standards for rental housing in the City. These standards relate to the condition, maintenance, and occupancy of rental dwellings, and are intended to ensure that rental housing is safe, sanitary, and suitable.

This chapter applies to all rental dwelling units within the City of Toledo. An owner-occupied single family dwelling is specifically excluded unless there are one or more roomers. Also excluded are hotels, motels, and State-licensed health and custodial facilities.

For the purpose of interpreting this chapter, certain words, terms and expressions are herein defined. The words “dwelling,” “dwelling unit,” “lodging house,” “rooming unit,” and “premises” shall be construed as though they were followed by the words “or any part thereof.”

1.   “Abate” means to end a nuisance, emergency, or nonconformance.

2.   “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.

3.   “Dwelling unit” means one or more rooms intended to be occupied by one family for living purposes.

   A.   “Apartment” means a room or group of rooms intended to be occupied for living, sleeping, cooking, and eating.

   B.   “Rooming unit” means a room or group of rooms intended to be occupied for living and sleeping but not for cooking.

4.   “Emergency” means a condition arising from actual or imminent failure and resulting in a substantial health or safety hazard to occupants or in substantial hazard to a dwelling. Failures that can create an emergency include, but are not limited to the following: structural collapse or failure; flood; fire; inflows of ground, drainage, or surface waters; or, failure of a supplied utility (electricity, gas, water, sewage, heat, but not cooling).

5.   “Exit ladder” means a ladder: which does not pass in front of any building opening below the floor being served; is so installed that it will not cause a person using it to be within six feet of exposed electrical wiring; which the availability of activating the device for the ladder is accessible only from the opening served; and of which all load bearing surfaces and supporting hardware shall be non-combustible materials. Exit ladder devices shall have a minimum width of 12 inches when in the position intended for use. The design load shall be not less than 400 pounds for 16 feet length and 600 pounds for 25 feet length; and exit ladder devices shall be capable of withstanding an applied load of four times the design load when installed in the manner intended for use. Test loads shall be applied for a period of one hour.

6.   “Family” means an individual, or two or more persons related to each other by blood, marriage, or legal adoption, including foster children, and not more than two roomers; or in the alternative, not more than three unrelated persons.

7.   “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

8.   “Habitable space” means space in a dwelling for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not habitable space.

9.   “Housing Inspector” means the inspector designated by the City Council to be responsible for the enforcement of this chapter and such other City employees, regardless of department, as have been trained in conducting inspections or parts of inspections.

10.   “Letter of compliant” means a document issued by the Housing Inspector to show that the premises have been inspected and found to be in substantial compliance with this chapter on the date of inspection.

11.   “Multiple dwelling” means any dwelling containing more than two dwelling units.

12.   “Occupant” means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit.

13.   “Operator” means one natural person, who may be the owner, living close enough to the City so as to conveniently have charge, care, or control of a building including one or more rental dwelling units.

14.   “Owner” means any person who alone, jointly, or as tenant in common with others, has legal or equitable title to any dwelling unit with or without accompanying actual possession thereof. For the purposes of this chapter, “owner” includes an agent of the owner empowered by the owner to act on the conditions or under the circumstances in question.

15.   “Owner-occupied single-family dwelling” means any townhouse, condominium, or detached dwelling that is occupied as a dwelling by the owner or relative within the first degree of consanguinity. It is one dwelling unit even if allowed roomers occupy part of the building.

16.   “Person” means a natural person, heirs, executors, administrators, or assigns and also a firm, partnership, or corporation, and successors or assigns.

17.   “Plumbing” means the following supplied facilities and equipment: gas, water, and waste pipes; sumps; drains; vents; and all supplied facilities and equipment connected to them.

18.   “Premises” means a lot and its buildings and other improvements.

19.   “Rent” means payment of money, goods, labor, service, or otherwise for use of a dwelling.

20.   “Rubbish” means any waste material except garbage.

21.   “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling of the room above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade, as the term “grade” is defined in the International Building Code, 2018, for more than 50 percent of the total perimeter or is more than 12 feet above grade as above defined at any point, such basement or unused floor space shall be considered as a story.

22.   “Supplied” means paid for, furnished, provided by, or under the control of the owner or operator.

23.   “Tenant” means an occupant of a rental dwelling unit who has signed a lease or made a verbal rental contract.

1.   No owner or operator shall rent or offer for rent any dwelling unit for use in whole or in part for human habitation that is not in compliance with this chapter.

2.   No person shall occupy, nor shall the owner or operator allow any person to occupy, any dwelling unit more than 30-days’ after notice from the Inspector that the dwelling unit is not in compliance, and remains out of compliance.

3.   No person shall occupy, nor shall the owner or operator allow any persons to occupy, any dwelling unit in excess of the maximum occupancy permitted in Section 157.26.

4.   No person shall permit a state of noncompliance to exist after the time set by the Housing Inspector for abating the nonconformance.

5.   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.

6.   It shall be a municipal infraction for any person, corporation or legal entity to violate or resist enforcement of the requirements of this chapter. Application for a hearing under Sec. 157.08 shall stay the effective date of the enforcement of this section.

1.   Upon receiving a complaint, the Housing Inspector shall arrange to inspect the dwelling by contacting the owner or operator and requesting that person to set a time for the inspection.

2.   The operator shall arrange such inspection within a reasonable time, not to exceed two weeks from the date of the Housing Inspector’s request for inspection. Failure of the operator to do so may result in notification of non-compliance.

3.   The operator or agent shall be present at the dwelling at the time set for inspection and shall accompany the Inspector during such inspection.

4.   The Housing Inspector 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. 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 Housing Inspector shall not conduct any such inspection without a search warrant.

5.   The Housing Inspector shall, whenever possible, inspect any dwelling at the request of the owner, or upon receipt of a complaint from a person with demonstrable interest and evidence that the subject matter of the complaint has been reported to the operator in writing. In addition, the Housing Inspector may, at the Housing Inspector’s own discretion, inspect any dwelling as frequently as necessary.

   A.   Persons with demonstrable interest are: owner; occupant or other occupant in the same dwelling; owner or occupant of other premises within 200 feet of the premises in question.

   B.   The fact that a complaint of nonconformance with this chapter is made by the occupant shall not be used as a ground, cause, or basis for termination of the tenancy or reduction of services by the owner.

1.   If, after inspection, the dwelling unit is found to substantially conform with the requirements of this chapter, the Housing Inspector shall report same in writing to the City Council.

2.   If, after inspection, a dwelling unit is found in nonconformance with the requirements of this chapter, the Housing Inspector shall promptly notify the operator of the reasons for nonconformance, in writing.

3.   Nonconformance shall be promptly abated.

4.   The operator may, within one week of the notice of nonconformance, enter into an agreement with the Housing Inspector detailing a program to abate nonconformances requiring 14 or more days, during which time Section 157.04 shall be stayed.

5.   If the operator does not enter into an agreement under Subsection 4 above, and if the dwelling unit is presently occupied, the Housing Inspector shall, within two weeks of the notification of nonconformance, notify the occupants of each affected dwelling unit by mail addressed to “occupant” of the reasons for nonconformance, and that eviction may be imminent.

6.   The owner or operator shall be entitled to one free reinspection by the Housing Inspector to determine whether the terms of the agreement have been fulfilled.

1.   If, after inspection, the occupant is found in noncompliance with the requirements of this chapter, the Housing Inspector shall promptly notify the occupant and the operator of the reasons for nonconformance.

2.   If said occupant does not abate the noncompliance within a time set by the Housing Inspector, the Inspector may proceed against the occupant and, if the noncompliance is substantial, shall require abatement by the operator within a reasonable time not to exceed 30 days. The operator may assess the reasonable cost thereof to the occupant plus the costs of additional inspection.

3.   The dwelling unit shall be provided one free inspection by the Housing Inspector to determine whether the noncompliance has been abated.

Any aggrieved person may, within two weeks of the date of adverse written decision of a Housing Inspector, file a written application for hearing before the City Council. Such application should 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 Council. Such application shall be accompanied by a filing fee of $50.00, which shall be returned to an appellant only when the City Council overrules an erroneous decision or determination of the Housing Inspector concerning this chapter. The City Clerk shall publish one notice of the scheduled hearing in a paper of general circulation in the City at least three days before the hearing date.

To assure orderly procedure, the Housing Inspector, or a designee, shall present the records, reports, and testimony of witnesses to support the decision or order appealed. 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.

Hearings shall be open to the public during the presentation of testimony and other evidence and during any argument or discussion the Council may permit. Upon completion of the submission of evidence, the Council shall make findings and a determination based thereupon. The Council may request assistance from the City Attorney’s office in formalizing its findings and determinations, which shall be issued in written form. Findings and determinations will be made no later than 30 days after the hearing.

The City Council may on the basis of its findings and determinations, and for each element of nonconformance appealed:

1.   Affirm the determination appealed.

2.   Overrule a determination it finds in error.

3.   If it determines that a dwelling unit is in sufficient conformance with the requirements of this chapter that there would not be any substantial danger to the health or safety of occupants and that such an action would be in the best interest of the public, it may:

   A.   Set a reasonable time for partial or complete abatement.

   B.   Permit current occupants to remain for a reasonable time not to exceed the unexpired term of the current lease, if the owner attests that the dwelling unit will not be re-rented and that the current lease will not be extended.

4.   The City Council may grant reasonable variances for existing structures, if strict compliance imposes unnecessary hardship and safety is not compromised.

1.   Each dwelling unit shall be reasonably weather-tight. All areas of the building shall be structurally sound.

2.   A dwelling unit which is a mobile home shall be secured to the mobile home stand with tie-downs and ground anchors that conform to any of the authorized standards or methods promulgated by authorized officials of the State of Iowa in the Iowa Administrative Code for mobile home anchoring. The frame, wheels, crawl space, storage area, and utility connections of all mobile homes shall be concealed from view by skirting which shall be of a durable all-weather construction which is consistent with the exterior of the mobile home. (See also Chapter 146)

Each entrance door to a dwelling unit shall be supplied with a lock and have a reasonable fit. Glass doors and windows shall be unbroken. Storm doors and windows shall be supplied and installed for exterior doors and windows from fall until spring, except with respect to thermal-pane windows and insulated exterior doors. Screens shall be kept in good repair.

Wall and floor penetrations, such as for utility lines, shall be enclosed or sealed with a fire-retardant material to reduce spread of fire or passage of vermin.

Roof drainage shall be provided to avoid discharge on steps, walkways, or entrances where possible.

1.   Handrails or guardrails shall be provided on:

   A.   Stairs with five or more risers.

   B.   Landings, platforms, or other grade changes of three feet or more.

2.   Handrails shall be installed 30 inches to 34 inches above the stair nosing. Guardrails shall be installed 42 inches above the floor or grade.

3.   Open handrails and guardrails shall have reasonable provisions against children falling through below the rail.

4.   Handrails and guardrails shall be securely attached to the structure.

Dwelling units and premises shall be free of garbage and reasonably free of rubbish. Rodent and pest harborages shall be eliminated.

Water supply and sanitary sewer systems shall be approved public or private systems, and shall not leak and should provide adequate flow. Sewage systems shall be maintained so as to minimize backup. Walls, ceilings, and floors shall be essentially free from evidence of surface, ground, roof or drainage water.

1.   The electrical system of every dwelling unit shall be installed and maintained so as to be reasonably safe to the occupants and the structure.

2.   Temporary wiring (extension cords) shall not lie beneath floor coverings, extend through walls, doorways, transoms, or similar apertures; or do other than connect a convenience outlet to portable electrical appliances. Extension cords shall not be overloaded.

3.   No operator or tenant shall install or use electrical space cooling or heating equipment unless the owner has installed the equipment or given permission to install and use it.

4.   Fuses, or equivalent, shall not exceed the size recommended for each circuit by the electrical code in force in the City. (See also Chapter 155)

5.   Each habitable space room shall have at least two duplex electrical outlets where an electrical cord may be easily and directly plugged in with a minimum inconvenience.

6.   Each bathroom shall have at least one duplex electrical outlet where an electrical cord may be easily and directly plugged in with a minimum of inconvenience. Any outlet that is installed or replaced in a bathroom shall have ground-fault circuit-interrupter (GFI) protection.

1.   Each habitable space shall be provided with natural light by means of one or more exterior glazed openings. Such window openings shall have a total minimum area of at least 10 square feet per apartment.

2.   All habitable rooms and bathrooms shall have natural ventilation provided by easily operable exterior openings. Such openings shall be equal to at least 50 percent of the minimum window area as required in Subsection 1 above.

3.   In lieu of openable windows for natural ventilation in bathrooms and kitchens, adequate ventilation may be a system of mechanical ventilation. The system shall exhaust and discharge directly to the outside air.

4.   For the purpose of determining light and ventilation requirements:

   A.   Any room may be considered as a portion of an adjoining room when the common wall has an unobstructed opening of at least 25 square feet.

   B.   Openings of less than one and one-half square feet shall not be included in computation.

1.   The owner shall provide, near the entrance to each room, a switched convenience outlet or a light fixture capable of providing sufficient light for each square foot in each habitable room, bathroom, water closet compartment, and hallway within the dwelling unit.

2.   The owner shall provide light and supply light bulbs for all public halls and stairways at all times.

1.   No paint containing lead shall be applied in or on any rental dwelling.

2.   In dwelling units peeling, blistered, or flaking paint shall be removed or effectively covered in a workmanlike manner so as to provide a smooth, easily cleaned finish.

1.   The owner shall provide each dwelling unit and the common halls of each multiple dwelling with at least one functioning UL-approved smoke detector.

2.   Where the occupants sleep in more than one story of a dwelling unit, a smoke detector shall be provided in the bedroom area or hallway of each story, and any place containing an intended sleeping area.

All dwelling units shall have one charged and operable two and one-half pound type ABC fire extinguisher; or, there shall be one charged and operable five pound ABC fire extinguisher supplied and kept on each floor of a dwelling within 75 feet of every unit entrance; or there shall be charged and operable fire extinguishers which meet the requirements of applicable fire safety regulations promulgated by authorized officials of the State of Iowa in the Iowa Administrative Code.

The following are the requirements of the City Rental Housing Regulations for fire safety in rental dwelling units:

1.   Every dwelling unit shall have at least one exit directly to the outside, or two direct routes of exit to the outside reached by travel in different directions. Routes of exit shall be corridors in common areas kept continually open and accessible, leading directly to exits, one of which may be a window, located remote to one another, that opens directly to the outside.

   A.   Dead end corridors shall not exceed the first 20 feet of route to an exit traveled from any dwelling unit door.

   B.   A window may be deemed a second means of exit if:

      (1)   It is easily opened and opens directly to the outside of the dwelling; and

      (2)   The window space serving as such exit shall have an unobstructed height of at least 24 inches, width of at least 20 inches, and finished sill height of 44 inches or less; and

      (3)   If the second exit window is above the second floor, it shall also have an approved exit ladder which allows access to within eight feet of grade.

2.   Areas used for sleeping purposes in basements or above the second floor shall have constant and unobstructed access to two exits from that floor, one of which may be a window meeting the requirements of Subsection 1(B) above.

3.   Interior walls and ceiling finishes or decoration shall not consist of hazardous material, including but not limited to styrofoam, burlap, nylon, or parachutes.

4.   Buildings shall display a clearly visible, marked street address, and dwelling units shall be individually identified by a clearly visible number or letter.

5.   Combustible liquid fuels or equipment powered by combustible liquid fuels shall not be stored in dwellings.

6.   Exits, routes of exit, and corridors shall be kept clear of trash, debris, and personal property. A three foot area clear of all trash, debris, and personal property shall be maintained around meters, hot water heaters, and all heat appliances.

1.   In all cases, each dwelling unit shall provide habitable floor space totaling at least 80 square feet for the first occupant and 60 square feet for each additional occupant.

2.   Notwithstanding the excess of floor space over that required by Subsection 1 of this section, the maximum occupancy of a rooming unit shall be one family.

3.   Notwithstanding the excess of the floor space over that required by Subsection 1 of this section, the maximum occupancy of a dwelling unit other than a rooming unit shall be one family, except one family plus one additional roomer in zoning districts zoned multi-family.

Each dwelling unit shall have:

1.   Two permanent and functioning sinks with plumbing for hot and cold water, one sink located to afford privacy and another sink located in the kitchen area.

2.   A room which affords privacy and which is equipped with a flush water closet.

3.   A bathtub or shower with plumbing for hot and cold water, and located to afford privacy.

4.   Functioning water heating facilities capable of heating two gallons of water per hour through 100°F for each occupant, and supplying water at not less than 120°F at every kitchen sink, lavatory, bathtub, and shower.

5.   Safe heating facilities capable of heating all habitable rooms, bathrooms, and water closet compartments to at least 68°F (20°C) at a distance three feet above the floor and five feet away from any exterior wall at all times.

1.   Owners or operators shall be responsible for:

   A.   Informing the occupants of whom to notify in case of an emergency. This information should be available in each dwelling unit.

   B.   Informing tenants of requirements relative to parking spaces.

   C.   Maintaining public areas of the premises in a clean and sanitary condition; keeping floors, floor coverings, walls, and ceilings reasonably clean and free of rubbish and garbage; and ensuring that stagnant water is not allowed to accumulate or stand anywhere on the premises.

   D.   Exterminating rodents, insects, and other pests when more than one unit or a common area is affected.

   E.   Providing required fire extinguishers and smoke detectors in good working condition at the beginning of each tenancy.

   F.   Supplying properly sized fuses or equivalent, at the beginning of each tenant’s occupancy.

   G.   Supplying each outside door and window intended for ventilation of a habitable room with a screen adequate to prevent entry of insects and installing such screens each spring and removing them each fall.

   H.   Supplying and installing storm doors and storm windows for all exterior doors and windows, except with respect to thermal-pane windows and insulated exterior doors, at the beginning of the cold weather season and removing them in the spring.

   I.   Supplying heat to dwelling units from September 15 to June 15 of each year, when the owner is responsible for paying for heat in the rental agreement.

   J.   Removing snow and ice from walks and drives.

   K.   Mowing lawns, trimming shrubs and trees, and controlling weeds to maintain the premises in a neat condition, comparable to other premises in the neighborhood.

   L.   Providing for garbage and rubbish removal and supplying such facilities or containers as are necessary for sanitary disposal of all garbage and rubbish.

   M.   Providing each dwelling or apartment with a refrigerator and a stove, unless the occupant has agreed in writing to provide a refrigerator or a stove or both.

   N.   At owner’s expense, any multi-family dwelling shall have an emergency key box (e.g. a Knox Box) provided on the exterior of the building of a type and location agreeable with the Fire Chief, which shall have keys located inside of the box so as to allow fire department access to all locked areas of the dwellings. The Fire Department shall have a key to the emergency key box.

2.   The owner or operator may enter into a written agreement with some other persons who will maintain public areas, remove and install supplied screens and storm windows, remove snow and ice, mow lawns, trim shrubs, control weeds, or remove garbage and rubbish. Such written agreement does not diminish the responsibility of the owner or operator to see that these requirements are fulfilled.

3.   Unless the owner has specifically agreed in writing to render such service or to otherwise accept such responsibility, the occupant of a rental unit shall be responsible for:

   A.   Notifying the operator, preferably in writing, of maintenance needed on the dwelling or supplied equipment and of unsafe or unsanitary conditions.

   B.   Keeping all equipment and fixtures in the occupant’s dwelling unit clean and in a sanitary condition and exercising reasonable care in the use and operation thereof.

   C.   Occupants shall not store or house hazardous combustible materials in any rental dwelling, including gasoline in mowers, vehicles, or other containers.

   D.   Exterminating rodents, insects, and other pests when only the occupants dwelling unit is affected.

   E.   Safe disposal of hazardous materials, such as hot coals from furnace or grill, paints and other combustibles, and pesticides and other hazardous chemicals.

   F.   Maintaining supplied fire extinguishers and smoke detectors.

   G.   Using light bulbs that do not exceed the size recommended by the fixture manufacture.

   H.   Supplying properly sized fuses, or their equivalent, as needed during occupancy for those circuits serving only the occupant’s dwelling unit.

   I.   Disposing of rubbish, garbage, and other organic waste in a clean and sanitary manner by placing it in disposal facilities or storage containers and by reclosing or replacing container lids.

   J.   Maintaining that part of the dwelling and premises which the occupant occupies in a clean, safe, and sanitary condition.

   K.   Supplying every window of each dwelling unit with shades, draw drapes, or other devices or materials which, when properly used, afford privacy to the occupant of each dwelling unit.

   L.   Occupants shall not remove, or permit to remain, any upholstered furniture or other furniture intended for indoor use to the yard for use as lawn furniture.

Owner or operator shall pay an inspection fee following inspection to the City Clerk of $100.00. No more than one fee shall be due in any calendar year for each rental unit.