For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Actor.
A person identified within this article, whether a natural person, firm, corporation or business entity, that is obligated to perform a duty established under this article.
Apartment building.
Any structure containing four (4) or more dwelling units.
Bathroom.
An enclosed space containing one or more bathtubs, showers or both, and which may also include toilets, lavatories or fixtures serving similar purposes.
Dwelling unit.
A structure or that part of a structure which is used as a home, residence or sleeping place by one (1) or by two (2) or more persons, maintaining a common household, to the exclusion of all others.
Floor space.
The total area of all habitable space.
Habitable space.
The space occupied by one or more persons while living, sleeping, eating, and cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, mechanical rooms and basements and/or recreational rooms.
Kitchen.
A space sixty (60) square feet or more in floor area, with a minimum width of five (5) feet, used for cooking or preparing food.
Kitchenette.
A space less than sixty (60) square feet in floor area used for preparation of food.
Landlord.
The owner, property manager and/or resident manager or resident manager of an apartment building or any other person held out by any owner or property manager as the appropriate person who is in control or management of the property, who leases or causes to be leased a dwelling unit, or the person a tenant contacts concerning the rental agreement or apartment building.
Lender.
Any person who holds a mortgage, deed of trust or any other security interest in the premises.
Owner.
A person claiming or in whom is vested the ownership, dominion or title of real property, including but not limited to:
(1) 
Holder of simple title;
(2) 
Holder of life estate;
(3) 
Holder of a leasehold estate for an initial term of five years or more;
(4) 
The buyer in a contract for deed;
(5) 
A mortgagee, receiver, executor or trust in control of real property but not including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years.
Person.
Includes an individual, corporation, business trust, estate, trust, partnership or association, two (2) or more persons having a joint common interest, or any other legal or commercial entity.
Plumbing fixtures.
Includes gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, dishwashers, garbage disposal units, clothes washing machines, catchbasins, wash basins, bathtubs, shower baths, sewer pipes, sewage systems, septic tanks, drains, vents, traps, and other fuel burning [sic] or connections to pipes.
Premises.
A lot, plot or parcel of land, including any structure thereon, and furthermore including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant.
Property manager.
A person who for compensation has managing control of real property for the owner.
Structure.
That which is built or corporation, business trust, estate trust, partnership or association, two or more persons having a joint interest, or any other legal or commercial entity [sic].
Tenant.
Any person who occupies a dwelling unit in an apartment building for living or dwelling purposes with the landlord’s consent.
(Ordinance 2008-10-43 adopted 10/27/08)
Any person, firm or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city, shall be punished by a fine in accordance with section 1.01.009 of this code for each offense. Every day a violation occurs shall constitute a separate offense.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
The building official is hereby designated as the administrator of this article.
(b) 
In addition to the powers and duties otherwise prescribed for the building official or his designated representative as administrator of this article, he is required to:
(1) 
Administer and enforce all provisions of this article.
(2) 
Keep records of all licenses issued.
(3) 
Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article.
(4) 
Conduct, on his/her initiative, periodic inspections of apartment buildings throughout the city, concerning their compliance with this article.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
Property standards.
A landlord shall:
(1) 
Eliminate a hole, excavation, sharp protrusion, and other objects or conditions that exist on the premises and are reasonably capable of causing injury to a person.
(2) 
Securely cover or close a well, cesspool or cistern.
(3) 
Provide an adequate number of solid waste receptacles or containers on the premises.
(4) 
Provide adequate drainage to prevent standing water and flooding on the land.
(5) 
Remove dead trees, tree limbs, shrubs and landscaping that are reasonably capable of causing injury to a person.
(6) 
Keep the doors and windows of a vacant dwelling unit or vacant portion of an apartment building securely closed to prevent unauthorized entry.
(7) 
Keep all areas of the building, grounds, facilities and appurtenances in a clean and sanitary manner.
(8) 
A landlord, manager, or owner shall address a resident’s complaints within the prescribed time listed in section 6.09.006(c) of this article.
(b) 
Structural standards.
A landlord shall, in compliance with the appropriate codes of the city:
(1) 
Protect the exterior surfaces of a structure which are subject to decay, by application of paint or other coating.
(2) 
Provide and maintain railings for stairs, steps, balconies, porches, and elsewhere as specified in compliance with the established codes in the city Code of Ordinances.
(3) 
Repair holes, cracks, and defects reasonably capable of causing injury to a person in stairs, porches, steps and balconies.
(4) 
Maintain a dwelling unit or apartment building in a weathertight and watertight condition.
(5) 
Maintain floors, walls, ceilings, and supporting structural members in a sound condition, capable of bearing imposed loads safely.
(6) 
Repair or replace chimney flue vent attachments that do not function properly.
(7) 
Repair holes, cracks, breaks and loose surface materials that are health or safety hazards in or on floors, walls or ceilings.
(c) 
Utility standards.
A landlord shall, in compliance with the appropriate codes of the city:
(1) 
Provide and maintain in working order connections to discharge sewage from a structure or deposit into a public sewer system.
(2) 
Provide and maintain in working order a toilet connected to a water source and to a public sewer in each dwelling unit.
(3) 
Provide and maintain in working order connections and pipes to supply potable water at adequate pressure to a dwelling unit.
(4) 
Provide and maintain a device to supply hot water of a consistent minimum temperature of one hundred and twenty (120) degrees Fahrenheit within each dwelling unit.
(5) 
Provide, connect and maintain in working order a kitchen sink, bathtub or shower and lavatory to a cold and hot water source in a dwelling unit.
(6) 
Connect plumbing fixture and heating equipment that the owner supplies in accordance with the plumbing and mechanical codes of the city.
(7) 
Provide heating equipment capable of maintaining a minimum inside temperature of sixty-eight (68) degrees Fahrenheit in each room of the dwelling unit.
(8) 
Provide and maintain air conditioning equipment capable of maintaining an inside temperature of seventy-eight (78) degrees Fahrenheit with an outside temperature of ninety-eight degrees Fahrenheit.
(9) 
Provide and maintain supply lines for electrical service to each dwelling unit.
(10) 
Connect each heating device that burns solid fuel to a chimney or flue.
(11) 
Provide and maintain electrical circuits and outlets sufficient to safely carry a load imposed by normal use of appliances and fixtures.
(12) 
Maintain all electrical, plumbing, heating and other facilities supplied by the owner in good working order at all times.
(13) 
Pay all utility bills on time to prevent any cut-off of utilities by the utility companies.
(d) 
Health standards.
A landlord shall.
(1) 
Eliminate rodents and vermin in or on the land;
(2) 
Maintain the interior of a vacant structure or vacant portion of a structure free from rubbish and garbage;
(3) 
Keep the interior of a vacant structure or vacant portion of any structure free from insects, rodents and vermin; and
(4) 
Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish, garbage and any other waste material and arrange for frequent removal of such waste materials.
(e) 
Exemption for new construction.
A violation of this article under subsection (a) of this section shall not apply when the premises concerned are the site of new construction and reasonable and continuous progress is being made to complete the construction.
(Ordinance 2008-10-43 adopted 10/27/08)
A tenant shall:
(1) 
Maintain the interior of a dwelling unit occupied by the tenant free from rubbish and garbage.
(2) 
Remove an animal or animals from a dwelling unit if the presence of the animal or animals is a health hazard to a tenant.
(3) 
Connect plumbing fixtures and heating equipment that the tenant supplies in accordance with the plumbing code and the mechanical code.
(4) 
Place all ashes, rubbish, garbage and any other waste material in the appropriate receptacles provided for same by the landlord.
(5) 
Not alter a structure or its facilities so as to create nonconformity with section 6.09.004.
(6) 
Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, in the premises.
(7) 
Not deliberately or intentionally destroy, deface, damage, impair or remove any part of the premises or unknowingly [sic] permit any person to do so.
(8) 
Conduct himself or herself, and require other persons on the premises with his consent to conduct themselves, in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises. For purposes of this section such unallowed conduct includes, but is not limited to, any loud playing of music, televisions, radios, instruments or any other mechanical device.
(9) 
When vacating the apartment, remove all trash and debris or risk loss of a portion of the security deposit.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
The landlord has the duty to furnish and maintain premises in accordance with the standards enumerated in section 6.09.004. In addition, the landlord shall at all times during the occupancy of a tenant make all repairs necessary to keep and maintain the premises in accordance with the standards provided for in section 6.09.004.
(b) 
The landlord shall provide to all tenants an emergency phone number which is answered at all times during night or day.
(c) 
Upon notice by the tenant in writing of any defective condition in the premises or dwelling unit in noncompliance with the standards stated in section 6.09.004, the landlord shall repair such condition within a reasonable period of time. If the landlord fails to complete such repairs within seven (7) days, the tenant may file a complaint in writing to the building official for enforcement based upon the nature of the repair and the difficulty involved, and [the building official] shall issue a citation to the property owner only if the violation is not corrected within such reasonable time.
(d) 
In emergency situations, the tenant shall notify the landlord immediately by way of the emergency telephone number. For purposes of this section, “emergency situations” are defined as a stopped-up commode, overflowing bathtub or sink, broken pipes, leaking roof, emergency electrical malfunction or other situations having immediate adverse effects on the health or safety of the tenant or his/her property. Upon notification, the landlord shall respond immediately and furnish assistance to the tenant within one (1) hour from such notification, where possible.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
A person “notifies” or “gives a notice or notification” to another person by taking steps reasonably calculated to inform the other in ordinary course, whether or not the other actually comes to know it. A person receives a notice or notification when:
(1) 
It comes to his attention; or
(2) 
In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation to his last known place of residence.
(b) 
A tenant may not file a complaint with the building official under the terms of this article until seven (7) days have elapsed following written notice to the landlord/manager. A copy of the written notice must accompany the tenant complaint.
(Ordinance 2008-10-43 adopted 10/27/08)
Notwithstanding all other sections of this article, it will be an affirmative defense to a complaint if the defendant landlord or tenant is able to establish that:
(1) 
The noncomplying condition described in the complaint was required [repaired] within the prescribed time limits set forth in section 6.09.006.
(2) 
The noncomplying condition was repaired within the time limits established by the building official, or that the period for repair was reasonable due to circumstances beyond the control of the landlord.
(3) 
The required notice in section 6.09.007 was not provided.
(4) 
The noncomplying condition was caused by the deliberate or intentional conduct of the complaining party.
(5) 
The noncomplying condition could have been corrected but for the tenant’s refusal to permit access to his apartment.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
A landlord shall disclose to the tenant, by properly posting in the office, the name and address of:
(1) 
Each property manager and resident manager.
(2) 
The management company responsible for the operation of the company.
(b) 
A landlord shall leave notice of entry whenever it is necessary to enter an apartment without the specific permission of the tenant. Such notice shall include the date, time, and purpose of the person who has entered the apartment.
(c) 
A landlord shall distribute to all tenants a copy of this article, describing the rights and responsibilities of the tenants, and shall keep a log book with the name, date and signature of the person receiving the same, for a period of one (1) year, for official use by the city.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
In addition to the remedies provided by state law, a landlord shall not retaliate against a tenant by increasing rent or cutting off utilities, or evict the tenant from the premises, because:
(1) 
The tenant has made a complaint to the building official about conditions in the apartment or dwelling unit which might not be in compliance with the building, health, housing or fire codes, as required by this article and the code, and which condition materially affects the health and safety of the tenant, and the condition was not caused by the tenant.
(2) 
The tenant makes a general complaint to the landlord or city about violation of his rights under this article.
(3) 
The tenant files a complaint against landlord under this article.
(b) 
In addition to the remedies provided by state law, even if the tenant claims “retaliation,” the landlord may still evict him or her when:
(1) 
The rent is overdue.
(2) 
There are code violations caused by the tenant or his or her visitor.
(3) 
The tenant is damaging property, disturbed the peace, or is using the apartment for illegal purposes.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
No person shall maintain, conduct, operate or rent a dwelling unit in an apartment complex for compensation within the city, or act as agent for another who is renting dwelling units in an apartment complex, without first obtaining an apartment license from the building official. Should a person own or maintain an apartment complex at more than one (1) location, a duplicate license is required for each additional location. The license issued to an owner authorizes such owner and its bona fide agents or employees to rent dwelling units to tenants.
(b) 
An owner shall register with the building official the trade name of his owner of his apartment complex, and shall not use or permit to be used more than one (1) trade name at a single location.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
An applicant for a license shall file with the building official a written application upon a form provided for that purpose, which shall be signed by the owner and his property manager. Should an applicant own an apartment complex at more than one (1) location, a separate application must be filed for each location. The following information shall be required in the application: name, primary address, telephone number of the owner, property manager, resident manager and lender and the street address of the apartment building, and, if incorporated, the name of the registered agent on file with the secretary of state.
(b) 
The apartment complex license expires on December thirty-first (31st) of each year.
(c) 
The building official may, at any time, require additional information of the owner or property manager, to clarify items on the application.
(d) 
When the resident manager of an apartment complex is changed, notice of such change, together with the name, address and telephone number of the new agent, shall be provided to the building official within ten (10) days.
(Ordinance 2008-10-43 adopted 10/27/08)
All fees for any permit under this article shall be established by resolution of the city council.
(Ordinance 2008-10-43 adopted 10/27/08)
(a) 
Each license issued pursuant to this article, together with a copy of this article, must be posted, displayed and kept in a conspicuous place in the apartment complex in which the tenant has access.
(b) 
A replacement license may be issued for one lost, destroyed or mutilated, upon application on the form provided by the building official. A replacement license shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces.
(c) 
An apartment complex license is not assignable or transferable.
(d) 
An owner or property manager shall notify the building official within ten (10) days of a change or partial change in ownership, lender or management of the apartment complex, or a change of address or trade name.
(Ordinance 2008-10-43 adopted 10/27/08)