[Prior Ordinance History: Ord. Nos. 2002-31, 2005-273, 2005-596, 2006-264, 2007-81, 2007-231, 2007-329, 2007-453, 2007-529, 2009-49, 2010-355, 2015-118. Chapter 8.15 amended in entirety by Ord. No. 2018-442]
[Ord. 2018-442]
The regulations in this chapter shall be known as the Davenport Property Maintenance Code, may be cited as such, and will be referred to herein as "this code." Any reference to the Uniform Building Code, the Uniform Fire Code, or any other codes mentioned herein, shall be to such codes as adopted by the City of Davenport.
[Ord. 2018-442]
The intent of this code is to provide minimum standards to safeguard life or limb, health, property, property values and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings, nonresidential buildings, and structures in this jurisdiction.
The intent of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.
The intent of this code is to provide for the administration and enforcement of this code and certain technical codes adopted by the Davenport Municipal Code.
Administration and enforcement is a function of the neighborhood services department and any other designee of the City Administrator.
This code has been adopted and is used in conjunction with other City of Davenport codes and should not be construed to include all regulations pertaining to buildings and development. This code shall be applied in conjunction with other codes of the City and nothing in this code shall be interpreted as prohibiting or limiting enforcement by the code official or any other agencies of the following codes and ordinances as adopted and amended included but not limited to:
The Zoning Ordinance of the City of Davenport
Uniform Building Code
Uniform Fire Code
Uniform Mechanical Code
Uniform Plumbing Code
National Electric Code
Iowa State Building Code as specifically referenced by the Davenport Municipal Code.
Compliance with regulations of other agencies shall be required, including, but not limited to, the Scott County Board of Health and the Iowa State Fire Marshal.
[Ord. 2018-442]
The provisions of this code shall apply to all buildings or portions thereof, whether residential or nonresidential, whether vacant or occupied, and whether owner occupied or rental dwellings. This code shall further apply to all accessory structures and any nuisance as defined by this code that may exist in a building or the building's yard.
Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. EXCEPTIONS: dormitories, fraternities, sororities, assisted living and transient housing.
[Ord. 2018-442]
Construction, repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed, and installed in a workmanlike manner in accordance with the Davenport property maintenance code.
[12-4-2019 by Ord. No. 2019-530; Ord. 2018-442]
Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued if such use or occupancy was legal at the time of its installation. However, where existing installations were legal at the time of their installations, if substantial alterations or replacement occurs, the work must meet existing code. Substantial alteration occurs with any exterior change, the cost of which exceeds 50% of the assessed or appraised building value. Routine exterior maintenance activities, such as painting, tuckpointing, replacing trim in kind, railings in kind, or replacing other nonstructural architectural details in kind, are not considered to constitute a substantial repair/rehabilitation unless the cost exceeds 50% of the assessed or appraised building value. Notwithstanding the foregoing, any change in the use or occupancy of any existing building or structure shall comply with the related provisions of the Davenport Municipal Code. This section does not apply to any connection of roof downspouts, exterior or interior foundation drains, driveway drains, garage drains, or other sources of surface water, groundwater, stormwater, roof runoff, or subsurface drainage to a building sewer or lateral which is connected directly or indirectly to a public sanitary sewer.
[Ord. 2018-442]
[Ord. 2018-442]
A. 
Every owner remains liable for violations of duties imposed upon him/her by this code even though an obligation is also imposed on the occupants of his/her building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code.
B. 
All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. The owner or his/her designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.
C. 
Every owner or his/her agent, in addition to being responsible for maintaining his/her building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he/she occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.
D. 
Every owner shall, where required by this code, the health ordinance or the code enforcement officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.
E. 
Every occupant of a dwelling unit in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he/she occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by ordinance and approved by the code official.
F. 
Every occupant shall, where required by this code, the health ordinance or code official, furnish and maintain approved devices, equipment or facilities necessary to keep his/her premises safe and sanitary.
G. 
With respect to rental residential units, the code official shall send letters of violation to both the occupant (addressed as "occupant") and owner of record containing the applicable portions of the text below:
1. 
Smoke Detector Operation. It is the occupant's responsibility to periodically test smoke detectors within the unit to see if they are functioning properly. State law requires the occupant to be responsible for changing the battery.
2. 
Unsanitary Conditions Within a Dwelling Unit. It is the occupant's responsibility to properly dispose of rubbish, garbage, organic waste, any excessive accumulation of debris within their dwelling unit.
3. 
Improper Storage Within a Dwelling. Occupants are responsible for any improperly stored flammable liquid or combustible material within a utility compartment/room accessible from their dwelling unit.
4. 
Items Hanging from Electrical Conduits, Plumbing or Gas Piping. Occupants are responsible to remove and cease the practice of using electrical conduits, plumbing or gas piping in this manner.
5. 
Use of Unvented Portable Fuel, Oil-Burning Devices. Occupants are responsible to cease the use of any unvented portable fuel, oil-burning devices.
6. 
Excess Accumulation of Debris (Exterior). Occupants are responsible for all debris outside of the dwelling unit where it is possible for the code official to determine which tenant is responsible for the specific items.
7. 
Illegal Sleeping Rooms (Attic or Cellar). Occupants are responsible to cease the use of these areas for sleeping purposes.
[Ord. 2018-442]
An order, decision or determination by an inspector regarding the application or interpretation of Chapter 8.15 may be appealed as provided in Section 2.86.020. If an appeal is filed a hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code. If timely appeal is not filed the order, decision or determination made by the inspector shall be conclusively presumed as being true and the recipient of the order, decision or determination shall have waived all rights to challenge said order, decision or determination.
[Ord. 2018-442]
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.
[Ord. 2018-442]
A. 
General. It shall be a violation of this code for any person to let to another for rent and/or occupancy any dwelling, dwelling unit, duplex, multiple dwelling, sleeping room, single-family dwelling or condominium unless all of the following criteria are met:
1. 
The owner or agent holds a valid certificate of structure compliance, issued by the City applicable to those portions of the specific structure used for residential rental purposes or affecting any areas used for residential rental purposes.
2. 
The owner or agent holds a valid rental license issued by the City, in the name of the owner or agent, applicable to those portions of the specific structure used for residential rental purposes.
3. 
The owner or agent, if they have not done so previously, must attend the City's landlord education classes within six months of obtaining an initial rental license issued by the City.
4. 
The owner provides the name(s) of a twenty-four-hour emergency contact(s), to the neighborhood services department, who can provide the names of the residents and has authority to make decisions with respect to the property. This requirement also applies to group homes and properties under the control of a foreclosing lender. The emergency contact must be able to be on site within eight hours.
5. 
The owner has in place, at a minimum, the standard screening and background check process acceptable to the neighborhood services department.
B. 
Certificate of Structure Compliance. The certificate of structure compliance, when issued, shall certify that the requirements of this code are met. The certificate shall be transferable at the time of a change in ownership and shall be maintained as a public record of the City. The certificate, in and of itself, shall not be interpreted as granting the owner or operator the privilege of letting the structure for residential occupancy, but must be accompanied by a valid rental license. The certificate of structure compliance shall state the date of issuance and the address of the structure to which it is applicable. All dwelling units and sleeping rooms being let for rent and/or occupancy without a valid certificate of structure compliance may be ordered vacated.
C. 
Issuance of Certificate of Structure Compliance. When the owner or operator has complied with the provisions of this code, along with payment of the required fees, the City shall issue a certificate of structure compliance. The certificate of structure compliance shall expire in accordance with the inspection cycle established pursuant to subsection G.
D. 
Revocation of Certificate of Structure Compliance. When there exists a material and substantial noncompliance with this chapter which directly affects the health, life, safety or property of the occupants or the public, the City may revoke the certificate of structure compliance in whole, or modify the certificate to reflect the compliance of each dwelling unit or sleeping room within a structure.
E. 
Rental License. A rental license shall be a document issued to each individual property that is properly registered with the City and shall be valid for one year. The document shall be transferable from one owner or agent to another at any time prior to its expiration, termination or revocation. The owner or agent shall notify the City of any change of interest or ownership in the property within 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. In the event the City has not been notified of such conveyance or transfer within the designated period of time, the rental license may be transferred from the owner or agent to another upon payment of a fee, the amount of which shall be established by resolution of the City Council. The fee shall be assessed to the new owner or agent. The rental license shall state the date of issuance, the address of the structure to which it is applicable and its expiration date. All dwelling units and sleeping rooms being let for rent and/or occupancy without a valid rental license with the City and fees paid may be ordered vacated and/or the owner may be subject to a municipal infraction prosecution.
F. 
Registration of Rental Property. It is the responsibility of the owner and/or agent of any building used for rental purposes as defined by this code to register said building with the City for the purpose of rental licensing within 30 days after title transfer or occupancy of the building.
G. 
Dwelling Inspection Schedule. All rental dwellings as described in this chapter regardless of the number of rental units contained in each property would be placed on a two year inspection cycle. If properties have been inspected after July 1, 2016 and prior to November 1, 2018, they would remain on the current cycle for which they are certified. The inspection cycle will begin on rental inspection certification date. Inspection cycles may be extended based on performance standards set forth below. Newly constructed buildings (registered within two years of final occupancy certificate will automatically be assigned a four-year cycle.
Properties receiving a score of 200 points or more would be placed on a two year cycle.
Properties receiving a score of 101-199 would be placed on a three year cycle.
Properties receiving a score of 0-100 would be placed on a four year cycle.
Title (Points)
Severe (5)
Moderate (2)
Minor (1)
None (0)
Ceiling -Deteriorated/missing ceiling plaster/drywall/sheetrock
X
Ceiling-Deteriorated/missing tile(s)/panel(s)
X
Ceiling-Improper ceiling covering
X
Ceiling-Interior missing/deteriorated/peeling paint
X
Cellar Hatch-Deteriorated cellar hatch walls
X
Cellar Hatch-Deteriorated/missing cellar hatch step(s)
X
Cellar Hatch-Deteriorated/missing/improper cover
X
Chimney-Deteriorated
X
Chimney-Deteriorated/missing clean-out cover
X
Chimney-Deteriorated/missing mortar
X
Chimney-Improperly installed
X
Chimney-Missing/defective cap
X
Doors - frame(s) deteriorated
Doors - not weather-tight
X
Doors-window pane(s) broken/missing
X
Doors-Broken/missing storm door glass/pane(s)
X
Doors - Deteriorated storm door(s)
X
Doors-Deteriorated/missing hinge(s)
X
Doors-Deteriorated/missing knob/latch
X
Doors-Deteriorated/missing lock(s)
X
Doors-Deteriorated/missing storm door/patio door screen
X
Doors-Entry door(s) not smoke/draft tight
X
Doors-Improper lock/latch
X
Doors-Lack of a tight-fitting/latch-able bathroom door
X
Doors-Missing/deteriorated
X
Electrical-Antiquated electrical system
X
Electrical-Condition of the electrical system is questionable
X
Electrical-Deteriorated electrical system component(s)
Electrical-Deteriorated/improper outdoor electrical device(s)
X
Electrical-Deteriorated/improperly used extension cord(s)
X
Electrical-Deteriorated/inoperable electrical receptacle(s)
X
Electrical-Deteriorated/inoperable fixture(s)
X
Electrical-Deteriorated/inoperable/improperly installed switch(s)
X
Electrical-Deteriorated/loose electric service entrance mast
X
Electrical-Deteriorated/missing electric service entrance wire(s) protective covering
X
Electrical-Exposed electrical wiring
X
Electrical-Hazardous electrical fixture(s)-Metal pull chain
X
Electrical-Improper/deteriorated meter socket/enclosure
X
Electrical-Improper/missing electrical service grounding
X
Electrical-Improperly installed wiring
X
Electrical-Improperly installed electrical receptacle(s)
X
Electrical-Improperly installed fixture(s)
X
Electrical-Improperly installed/unapproved wiring
X
Electrical-Improperly located electrical service/entrance
X
Electrical-Inadequate number of receptacle(s)/fixture(s)
X
Electrical-Lack of electric service
X
Electrical-Lack of water meter jump wire
X
Electrical-Lack of/improper hallway illumination
X
Electrical-Missing/deteriorated coverplate(s)
X
Electrical-Missing/deteriorated/imp roper service panel cover
X
Electrical-Missing/improper service panel knockout plug(s)
X
Electrical-Missing/improper/deteriorated electrical junction box cover(s)
X
Electrical-Missing/improper/deteriorated electrical service entrance wiring
X
Electrical-Over-fused electrical system
X
Electrical-Tree(s)/vegetation interfering/encroaching upon electric service entrance
X
Exterior Walls-not weather-tight
X
Exterior Walls-Deteriorated/missing exterior block/brick/stucco/stone
X
Exterior Walls-Deteriorated/missing exterior wall covering
X
Exterior Walls-inadequate weather protection
X
Exterior Walls-structural deterioration
X
Exterior Walls-Structurally unsound block/brick/stone/poured concrete wall
X
Exterior Walls-Window/building trim-inadequate weather protection
X
Fire Code-Bars/grates/locks on an emergency escape
X
Fire Code-Deteriorated/improperly maintained fire escape(s)
X
Fire Code-Deteriorated/inoperable alarm system
X
Fire Code-Fire door(s) missing/deteriorated/inoperable/blocked open
X
Fire Code-Fire escape obstructed/blocked
X
Fire Code-Fire exit(s)/stairway(s) obstructed
X
Fire Code-Improper storage of combustible material(s)
X
Fire Code-Improper storage of flammable liquid(s)
X
Fire Code-Improper use of portable unvented heating device/appliance
X
Fire Code-Improper utility room(s)/area(s) storage
X
Fire Code-Improperly located fire extinguisher(s)
X
Fire Code-Inadequate exiting above 2nd floor
Fire Code-Lack of 1-hour fire resistive door(s)
Fire Code-Lack of 1-hour fire resistive separation
Fire Code-Lack of heavy smoke detection in a mixed-use occupancy
Fire Code-Lack of required fire alarm system
X
Fire Code-Lack of/improper emergency egress window
X
Fire Code-Lack of/improper illumination of exit signage
X
Fire Code-Lack of/improper/inoperable door closer
X
Fire Code-Lack of/inoperable backup exit lighting
X
Fire Code-Missing/improper building identification
X
Fire Code-Missing/improper separation between dwelling/garage
Fire Code-Missing/improper/unapproved fire extinguisher(s)
Fire Code-Missing/inoperable smoke detector(s)
X
Fire Code-Outdated fire extinguisher(s)
Fire Code-Unprotected dwelling/sleeping room exit
Fire Code-Unprotected shared exit below 3rd floor
Floors-Deteriorated foundation/floor-Engineer required
X
Floors-Deteriorated/defective subfloor
X
Floors-Deteriorated/improperly sized floor joist(s)
Floors-Deteriorated/missing floor covering(s)
X
Floors-Deteriorated/missing/inadequate floor support(s)
X
Floors-Improperly installed floor covering(s)-Trip hazard
Foundation-mortar cracked/missing
X
Foundation-Deteriorated building/structure foundation
X
Foundation-Structural failure of the building/structure foundation
X
General/Health-Deteriorated accessory structure(s)
X
General/Health-Deteriorated fence(s)
X
General/Health-Deteriorated flatwork/concrete/slab(s)
X
General/Health-Deteriorated private sidewalk(s)
X
General/Health-Deteriorated/leaning/failing retaining structure (s)/wall(s)
X
General/Health-Deteriorated/missing cabinet drawer(s)
X
General/Health-Deteriorated/missing cabinet(s)
X
General/Health-Deteriorated/missing countertop material
X
General/Health-Evidence of wood boring insects
X
General/Health-Excessive accumulation of trash/debris
X
General/Health-Illegal increase of occupancy
General/Health-Illegally occupying a tagged building(s)/unit(s)
X
General/Health-Improper construction/repair(s)
General/Health-Improper garbage storage/removal
X
General/Health-Improper grading/drainage
General/Health-Improper maintenance
General/Health-Inoperable/unsanitary/hazardous swimming pool(s)
X
General/Health-Insect/vermin/rodent infestation
X
General/Health-Interior moisture problem
X
General/Health-Lack of required light and ventilation
X
General/Health-Lack of required room/space
X
General/Health-Mold/mildew in a dwelling(s) unit(s)
X
General/Health-Raw sewage/waste water-cellar floor(s)
X
General/Health-Scrub trees/vegetation at the building
X
General/Health-Sleeping room(s) in the attic
General/Health-Sleeping room(s) in the cellar/basement
General/Health-Standing water in the building
X
General/Health-Substandard apartment unit
X
General/Health-Unacceptable repair(s)
X
General/Health-Unsanitary conditions in a dwelling/unit
X
General/Health-Unsanitary conditions-animal feces
X
General/Health-Work being performed without required permit(s)
X
Gutters-Deteriorated gutters/downspouts
X
Gutters-Incomplete gutter system
X
Gutters-Inoperable gutter(s)/gutter system
X
Gutters-Lack of downspouts
X
Gutters-Lack of gutter(s)/gutter system
X
Interior Walls-Deteriorated/improper/missing wall covering(s)
X
Interior Walls -Deteriorated/missing wall plaster/drywall/sheetrock
X
Interior Walls-Deteriorated/peeling interior paint
X
Mechanical-Condition of gas-fired appliance(s) is questionable
X
Mechanical-Deteriorated masonry fireplace
X
Mechanical-Deteriorated/missing gas-fired appliance inspection cover/panel
Mechanical-Deteriorated/missing gas-fired appliance vent pipe(s)
X
Mechanical-Deteriorated/missing heat duct(s)/register(s)
X
Mechanical-Failure to provide an inspection report
X
Mechanical-Gas-fired appliance vent piping improperly connected to the chimney
X
Mechanical-Gas-fired appliance(s) in a bathroom(s)
X
Mechanical-Gas-fired appliance(s) in a sleeping room(s)
X
Mechanical-Gas-fired heating appliance failed inspection
X
Mechanical-Gas/fuel fired appliance/device no longer in use
X
Mechanical-Improper gas supply line material
X
Mechanical-Improper gas-fired appliance vent pipe rise
X
Mechanical-Improper maintenance of a gas-fired appliance
X
Mechanical-Improper use of flexible gas line/appliance connector
X
Mechanical-Improper venting of a gas-fired appliance(s)
X
Mechanical-Improper/missing gas shut-off valve(s)
X
Mechanical-Improperly installed gas supply line(s)
X
Mechanical-Improperly supported gas/water piping
X
Mechanical-Lack of combustion air supplied to a gas-fired appliance
X
Mechanical-Lack of gas service to dwelling(s)/unit(s)
X
Mechanical-Lack of/improper relief valve drip leg
X
Mechanical-Lack of/inadequate heat supplied to a habitable space
X
Mechanical-Leaking/deteriorated radiator(s) and/or radiator supply line(s)
X
Mechanical-Leaking/inoperable boiler(s)
X
Mechanical-Leaking/inoperable water heater(s)
X
Mechanical-Missing gas supply line drip leg
X
Mechanical-Missing gas supply line(s) cap/plug
X
Mechanical-Missing/improper fireplace/appliance hearth
X
Mechanical-Missing/improper temperature/pressure relief valve(s)
X
Mechanical-Missing/inoperable carbon monoxide (CO) detector(s)
X
Mechanical-Missing/inoperable thermostat
X
Plumbing-system is questionable
X
Plumbing-Deteriorated bathtub/shower stall
X
Plumbing-Deteriorated/inoperable lavatory(s)/sink(s)
X
Plumbing-Deteriorated/inoperable/leaking toilet(s)
X
Plumbing-Deteriorated/leaking faucet(s)
X
Plumbing-Deteriorated/leaking waste line(s)
X
Plumbing-Deteriorated/leaking/improper potable water pipe(s)
X
Plumbing-Deteriorated/missing plumbing fixture component(s)
X
Plumbing-Deteriorated/missing plumbing fixture trap(s)
X
Plumbing-Directing/discharging sump pit water/ground w
X
Plumbing-Discharging sump pit water/ground water into the public sanitary sewer
X
Plumbing-Dry plumbing fixture(s) and/or trap(s)
X
Plumbing-Flexible potable water line(s)/piping
Plumbing-Improper termination of the plumbing system vent pipino/stack
Plumbing-Improperly anchored lavatory(s)/sink(s)
X
Plumbing-Improperly installed fixture(s)/piping
X
Plumbing-Items hanging from/attached to water/gas piping and/or electrical conduit
X
Plumbing-Lack of a 3-fixture bathroom
X
Plumbing-Lack of a kitchen sink
X
Plumbing-Lack of connection to a sanitary sewage system
X
Plumbing-Lack of hot/cold water supplied to a fixture(s)
X
Plumbing-Lack of water service to a dwelling(s)/unit(s)
X
Plumbing-Lack of/improper slope of drain piping/waste line(s)
X
Plumbing-Lack of/inoperable bathroom vent fan
X
Plumbing-Loose/improperly anchored toilet
X
Plumbing-Obstructed waste line(s)
X
Plumbing-Open waste line(s)
X
Plumbing-Open/uncovered sump pit
X
Porch-Deteriorated ceiling(s)
X
Porch-Deteriorated deck
X
Porch-Deteriorated floor joist(s)
X
Porch-Deteriorated porch(s)
X
Porch-Deteriorated/missing/improper porch/deck support(s)
X
Railing-Deteriorated guardrail(s)/guardrail balusters
X
Railing-Deteriorated/missing/improper handrail(s) for steps
X
Railing-Improper guardrail height
X
Railing-Improper handrail height
X
Railing-Improper separation of guardrail baluster(s)
X
Railing-Lack of handrail(s)-yard steps
X
Railing-Missing guardrail(s) and/or baluster(s)
X
Roof-Deteriorated/missing fascia board(s)
X
Roof-Deteriorated/missing roof sheathing
X
Roof-Deteriorated/missing soffit/roof overhang
X
Roof-Deteriorated/missing/improper roof covering
X
Roof-Deteriorated/missing/improper roof flashing
X
Roof-Deteriorated/missing/improper roof structural components
X
Roof-Evidence of roof leakage(s)
X
Stairways-Deteriorated stair system landing/deck joist(s)
X
Stairways-Deteriorated yardstep(s)
X
Stairways-Deteriorated/improperly installed stair system stringer(s)
X
Stairways-Deteriorated/missing stair system decking and/or landing decking
X
Stairways-Deteriorated/missing stair system riser(s)
X
Stairways-Deteriorated/missing stair system tread(s)
X
Stairways-Deteriorated/missing stair system(s)
X
Stairways-Deteriorated/missing/improper stair system support/support post(s)
X
Stairways-Improper construction of a stair system(s)
X
Stairways-Improper rise height within a stair system(s)
X
Stairways-Inadequate stairway headroom clearance
X
Substandard-Deteriorated/missing doors/windows
X
Substandard-Failure to hold a valid Certificate of Compliance
X
Substandard-Failure to hold a valid Rental License
X
Substandard-Failure to provide access to a building(s)/unit(s)
X
Substandard-Fire damaged structure(s)
X
Substandard-Fire damaged structure(s) beyond feasible repair
X
Substandard-Substandard/tagged building(s)/unit(s)
X
Substandard-Vacant building(s)/unit(s)-inspection required
X
Substandard-Vacant/Unfinished/Nuisance building(s)
X
Tenant-Excessive accumulation of debris
X
Tenant-Improper storage in a utility room(s)/area(s)
X
Tenant-Improper storage of combustible material(s)
X
Tenant-Improper storage of flammable liquid(s)
X
Tenant-Improper use of portable unvented gas/oil-fired heating device(s)
X
Tenant-Inoperable smoke/Carbon monoxide detector(s)
X
Tenant-Obstructed stair(s)/Exit(s)/Fire escape(s)
X
Tenant-Sleeping room(s) in the attic and/or cellar
X
Tenant-Unsanitary conditions within a dwelling(s)/unit(s)
X
Windows-not weather-tight
X
Windows-Broken/missing pane(s)
X
Windows-Deteriorated window(s)
X
Windows-Deteriorated/missing screens
X
Windows-Deteriorated/missing window frame/sill
X
Windows-Exterior window paint deteriorated/peeling/missing
X
Windows-Improper screen(s)
X
H. 
Issuance of a Rental License. The City shall issue a rental license upon the applicants meeting of all standards and the payment of all fees and other debt owed to the City.
I. 
Revocation of a Rental License. The code official or designee shall have the authority to revoke a rental license on any property when: 1) it is in violation of the City code on a frequent and recurrent basis; 2) has a serious life safety violation and is ordered vacated; 3) fails to correct a founded complaint violation by the time that the third reinspection for the same concludes; 4) the owner or manager fails to appear for three inspections/reinspections in a row; or 5) the owner or agent provides false information to the City.. The owner or agent of the affected property shall be notified in writing by certified mail of the license revocation.
J. 
Appointments for Inspections. Appointments for inspections with the owner/agent of the building shall be scheduled by the City. The owner/agent may request the appointment to be rescheduled. However, the inspection shall be performed within 30 days of the original date unless modified by the administrative hearing officer or the code official. An owner/agent shall be required to arrange for access to all portions of the building. Failure to provide access to all portions of the building shall prevent the issuance of a certificate of structure compliance, and thus compliance with the law. The owner/agent shall notify all tenants of the inspection in accordance with Iowa law.
K. 
Inspections shall not be:
1. 
Conducted with a minor as the sole representative of the owner.
2. 
Conducted against the will of the tenant without the building's owner/agent present.
3. 
Conducted without prior notice to the tenant, as required by state law.
4. 
Conducted in an occupied dwelling without the owner/agent or tenant of the dwelling or designated agent being present.
Should the person in control of the unit refuse admittance to the code enforcement officer or designee and refuse to reschedule the inspection or reinspection, a request to the court to issue a search warrant may be prepared, subject to approval by the legal department.
All areas of each dwelling governed by this code shall be inspected. Should access not be obtained to all areas, a reinspection must be scheduled and an additional fee may be charged for each subsequent reinspection of accordance with the established fee schedule.
L. 
Provision of False Information Prohibited. No person shall provide false information to the City in connection with the licensing, permitting, or inspection of a property whether owner occupied or not.
[Ord. 2018-442]
Fees shall be charged for services rendered in relation to this code. These services include but are not limited to the following: licenses, inspections, and failure to appear for any scheduled inspections, late cancellations, and appeals. The amount shall be established by resolution of the City Council.
As a nuisance abatement remedial measure the fee schedule shall include a per tax parcel per response surcharge for police and fire department responses, excluding emergency medical responses, in an amount equal to the approximate cost of the response, plus a processing fee, for all responses above the excessive response threshold set forth immediately below within a calendar year. This section shall be construed consistently with Iowa Code §§ 562A.27B and 562B.25A.
Dwelling Units per Tax Parcel
Excessive Response Threshold
1-3
10
4-8
25
9-24
50
25 or more
75
In the case of police responses the number shall be based upon founded calls. Within 10 days of the date of a surcharge invoice, the owner may request the neighborhood services director or his designee review the call log to verify the number of responses and provide the owner with the dates and nature of the responses included in the bill.
[Ord. 2018-442]
A. 
Commencement of Proceedings. Whenever the code official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building.
B. 
Notice and Order. The code official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. 
The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. 
A statement that the code official has found the building to be substandard with a brief and concise description of the conditions found to render the building substandard under the provisions of this code.
3. 
A statement of the action required as determined by the code official.
a. 
If the code official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order except for weather related repairs as determined by the code official and completed within such times as the code official shall determine is reasonable under all of the circumstances).
b. 
If the code official has determined that the building or structure must be vacated, the order shall require that the building or structure be vacated, within a certain time from the date of the order as determined by the code official to be reasonable.
c. 
If the code official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the code official shall determine reasonable (not to exceed 30 days from the date of the order); that all required permits be secured therefor within 30 days from the date of the order, and that the demolition be completed within such time as the code official shall determine is reasonable (not to exceed 60 days from the date of the order).
4. 
Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the code enforcement officer:
a. 
Will order the building vacated and posted to prevent further occupancy until the work is completed, and
b. 
May proceed to cause the work to be none and charge the costs thereof against the property or its owner.
5. 
Statements advising:
Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the code official as provided in Chapter 2.86.
Failure to appeal from a notice and order or action of the code official will constitute waiver of all rights to an administrative hearing and determination of the matter as provided in the notice and order or action of the code official shall be the final determination.
C. 
Service of Notice and Order. The notice and order, or any amended or supplemental notice and order, shall be served upon the record owner/agent. The failure of the code official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section.
D. 
Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by regular mail, to each such person at his address as it appears on the last assessment roll of the county or as known to the code official. If no address of any such person so appears or is known to the code official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notices shall not affect the validity of any proceedings taken under this section. Service by regular mail in the manner herein provided shall be effective on the date of mailing.
E. 
Recordation of Substandard Conditions. If compliance is not had with the notice and order within the time specified therein, and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying:
1. 
The building is a substandard building, and
2. 
The owner has been so notified. If a certificate of substandard conditions has been filed and whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.
F. 
Repair, Vacation and Demolition. The code official shall follow the standards set forth hereinafter when ordering the repair, vacation or demolition of any substandard building or structure:
1. 
Any building declared a substandard building under this code shall be made to comply with one of the following:
a. 
The building shall be repaired in accordance with the current property maintenance code or other current code applicable to the type of substandard conditions requiring repair; or
b. 
The building shall be demolished at the option of the building owner; or
c. 
If the building does not constitute an immediate danger to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated and to be secured in accordance with the Davenport Municipal Code.
2. 
If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered vacated and/or demolished.
G. 
Notice to Vacate.
1. 
Notice of Intent to Post. The code official shall send notice to the record owner or her agent that the property will be posted with a notice to vacate.
2. 
Posting. Every notice to vacate shall, in addition to being served, be posted at each building.
3. 
Compliance with Notice to Vacate. Whenever such notice is posted, the code official shall include a notification thereof in the notice and order issued by him reciting the violation and specifying the conditions necessitating the posting. No person shall remain in or enter any building having been so posted, except that entry may be made to repair, demolish, or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and approved by the code official pursuant to the provisions of this code.
[Ord. 2018-442]
Any person who receives notice under this chapter may appeal said notice and order pursuant to the procedures set forth in Section 2.86.020. If a timely request for appeal is not filed the order, decision or determination shall be conclusively presumed as being true and the recipient of the order, decision or determination the responsible party. If an appeal is filed a hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code.
[Ord. 2018-442]
A. 
Compliance. After any order of the code official or administrative hearing officer shall have become final, no person to whom such order is directed shall fail, neglect or refuse to obey said order. Any person who fails to comply with or obey said order shall be guilty of a municipal infraction.
B. 
Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days or any time period established after any final notice and order issued under this code becomes effective:
1. 
The code official shall cause the building described in such notice and order to be vacated by posting a notice at each entrance thereto.
2. 
No person shall occupy any building having been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the code official have been completed and a certificate of compliance issued pursuant to the provisions of this code.
3. 
The code official may, in addition to any other remedy provided herein, cause the building to be repaired to the extent necessary to correct the conditions which render the building substandard as set forth in the notice and order; or if the notice and order required demolition, to cause the building to be sold and demolished, or to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto.
C. 
Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the code official may, in his sole discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the code official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The code official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order.
D. 
Interference with Repair or Demolition Work Prohibited. The final order of the code official or administrative hearing officer shall be enforced as written. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative or agent of the City engaged in the work of repairing, vacating and repairing, demolishing or any act necessary or incidental to enforcement of the final order.
E. 
Violations - Penalties. Any person or entity who violates any of the provisions of this chapter shall be guilty of a municipal infraction; and shall be fined $100 for a first offense, $200 for a second offense, and $500 of every offense thereafter for the same violation. However, in addition to all other remedies and sanctions available, violations of Subsection 8.15.145A3 and Section 8.15.145L shall be punished by a fine of $200 for the first offense and $500 for each violation thereafter. Additionally, violations of 8.15.155G(3) may be charged and punished as a simple misdemeanor. The code official is authorized to enforce this chapter pursuant to procedures and remedies set forth in this chapter as well as Chapter 1.30.
[Ord. 2018-442]
A. 
Procedure. When any work or repair or demolition is to be done pursuant to this code, the code official shall cause the work to be accomplished by City personnel or by private contract under the direction of the code official. The code official may prepare plans and specifications, or he may employ such architectural and engineering assistance on a contract basis, as he may deem reasonably necessary.
B. 
Costs. The cost of such work shall be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.
C. 
Personal Obligation or Special Assessment. The City legal department shall determine whether said charge shall be made a personal obligation of the property owner and/or assess said charge against the property involved.
D. 
Lien of assessment. All liens of assessment shall be done according to applicable City and state code.
[Ord. 2018-442]
Whenever conflicting provisions or requirements occur between this code, the technical code or any codes or laws, the most restrictive shall govern.
[Ord. 2018-442]
A. 
The City Council of the City of Davenport finds that a significant number of landlords rent residential units to unrelated persons who frequently engage in conduct that negatively impact the quality of life of the surrounding neighborhood and tends to depress the value of the nearby properties. This situation is in major part due to the presence of numerous university students living off-campus in rental properties located within established residential neighborhoods; a condition present in an area relatively close in proximity to the college or university campus. The intent of this section is to establish further specific regulations to help protect established neighborhoods from said negative impacts.
B. 
The area(s) designated as college/university zones that are subject to these regulations is/are:
1. 
The area of the City bounded on the north by Columbia Court extended westerly along its center line to Fillmore and easterly to and along the center line of Columbia Avenue, on the east by the center line of Pershing, on the south by the center line of West 16th Street and the center line of Kirkwood Boulevard, and on the west by the center line of Fillmore.
C. 
In addition to those requirements set forth in Section 8.15.145, upon written notice of a determination by the neighborhood services director that reasonable suspicion of over-occupancy exists or upon a "founded call" (Defined in Chapter 8.12) at the address, the tenants of a single-family rental property, defined the same as "dwelling, single-family detached," "dwelling, single-family attached," or "dwelling single-family semi-detached," or "dwelling, single-family townhouse," as the case may be, in Title 17, located within a college/university zone shall:
1. 
Register the property by property address;
2. 
Provide information regarding number of bedrooms, number of bathrooms, and number of off-street parking spaces available (counting only enclosed garage spaces and driveway spaces behind the front of the residential structure and connecting the entrance of a private garage with a public right-of-way so as to permit ingress and egress - one off street parking space for each eight feet by 20 feet area of paved driveway);
3. 
Provide information regarding the lease and tenant(s): term of the lease and initial of first name and surname of all tenant(s), each tenant registered shall be required to report license plate information (state and number) for each vehicle he or she has at the property within seven days' time of the onset of their tenancy and failure to comply with this requirement constitutes a violation of this chapter;
4. 
The tenants shall amend the information required to be on file by this subsection within seven days of an occurrence affecting the required information, such as change in tenancy;
5. 
Said information shall be kept current for a period of two years from the date of the notice unless the property owner has received notice from the City that the university zone registration requirements no longer apply;
6. 
All of the tenants of a single-family rental property for which notice in this subsection has been given are jointly and severally responsible for making such that the required information has been filed.
D. 
The maximum number of persons who may occupy a dwelling shall be reduced on a one-to-one ratio based upon the number of off-street parking spaces available on the single-family rental property so that there is one off-street parking space for each person living within a single-family rental property within a college university zone and shall be further reduced, if necessary, so that the total square footage of the building provides at least 200 square feet of enclosed living space per occupant. Off-street parking space is defined the same as "parking space" in Title 17 and, if unenclosed must be durably surfaced (paved or bricked) and connect the entrance of the private garage with a public right-of-way so as to permit ingress and egress with no such space being allowed in the front yard. No additional off-street parking space shall be constructed as a parking pad, but any off-street parking pad in existence as shown on the GIS aerial photograph taken in 2009 may be considered in the number of available off-street parking spaces (parking pad being a durably surfaced area for vehicle storage that does not serve as ingress/egress to a garage). If, because of the age and character of a single-family property located within a designated college/university zone there are no off-street parking spaces, the maximum number of unrelated persons who may occupy the single-family rental property is two persons. For purposes of this subsection, the square footage and bedroom numbers on file with the City assessor are presumed to be accurate and it is the property owner's or tenant's duty to rebut their presumed accuracy. This subsection applies to any single-family rental property located within a designated university zone that is occupied by unrelated persons regardless of whether the property has been notified to register tenant information or not. If illegal over occupancy is established a property owner shall take immediate steps to comply with the provisions of this section.
E. 
This section shall not apply to a multi-family rental property located within a college/university zone. A multi-family rental property being defined the same as a "dwelling, multiple" in Title 17. This section shall also not apply to the rental of a single- family rental property to a family or related persons, as defined in Title 17, or to a group of persons with verifiable disabilities, as defined by the fair housing act, as amended, of 1988, who occupy a single-family rental property as a single housekeeping unit.
F. 
It shall be a violation of this section for a tenant to occupy a single-family rental property without said tenant's name and other specified information having been provided to the City or its designee as required.
G. 
It is a violation of the section for an owner to permit occupancy contrary to the provisions of this section.
H. 
Each day a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this section. Any person who is found to have violated this section after having been previously convicted of violating this section shall be subject to the applicable penalty for the subsequent offense.
1. 
For a first offense the fine for a tenant shall be $100. For a first offense for an owner the fine shall be $300.
2. 
For a second offense the fine for a tenant shall be $200. For a second offense for an owner the fine shall be $500.
3. 
For a third or subsequent offense the fine for a tenant shall be $500. For a third or subsequent offense the fine for an owner shall be $1,000.
In addition, the code official or designee shall have the authority to suspend or revoke a rental license on any single-family rental property that has been the subject of three or more violations of this section.
[Ord. 2018-442 § 28]
The City hereby adopts and incorporates the provisions of the International Code Council's 2015 International Property Maintenance Code with commentary except as noted:
A. 
From Chapter 1 ("Scope and Administration") only Subsection 102.6, Subsection 104.3, Subsection 104.4, Section 105, Subsection 107.4, Section 108 (to the extent that it does not conflict with other City code sections), and Section 112 (Subsection 112.4 amended to read as follows: "No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition.") are adopted.
B. 
Chapters 2 through 8 are adopted with the modifications noted below:
Section 202. Definitions. Amended to add a definition for "building official" and modify the definition of "code official" and "habitable space":
Building Official. See "Code Official".
Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or a duly authorized representative.
Any reference to "building official" in this code refers to "code official".
Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Section 302.3. Sidewalks And Driveways. Amended to read:
302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with chapter 12 of the City of Davenport code of ordinances and the City of Davenports standards for defective sidewalks.
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 8.14.015 of the City of Davenport code of ordinances.
Section 304.2. Protective Treatment. Amended to read:
304.2. Protective Treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Section 304.14. Insect Screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order.
Section 305.3. Interior Surfaces. Amended to read:
305.3. Interior Surfaces.
A. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
B. All residential properties receiving federal assistance must be in compliance with the lead safe housing rule at 24 CFR 35 and the lead based paint poisoning prevention act at 42 U.S.C. § 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead based paint regulations, the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning.
C. All residential property must comply with the residential lead-based paint hazard reduction act of 1992, requiring the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of certain housing built before 1978
Section 404.4.2. Deleted.
Section 404.4.3. Water Closet Accessibility. Amended to read as follows:
404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15.
Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15. Section 602.5. Room Temperature Measurement. Amended to read:
602.5. Room Temperature Measurement. The required room temperatures shall be measured three feet above the floor, at the inside wall.
Section 605.2. Receptacles. Amended to add:
Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable.