HomeMy WebLinkAbout08-01-2016 Board of Appeals-"-.� �,
CITY OF IOWA CITY
NOTICE OF PUBLIC MEETING
The Iowa City Board of Appeals will convene at 4:00 p.m. on Monday August 1,
2016 in Helling Conference Room 410 Washington St., Iowa City, Iowa
TENTATIVE AGENDA
1. Meeting to be called to order
2. Elect Officers for 2016 (Chair and Vice Chair)
3. Appeal of Notice of Housing Code Violation. (605-607 Holt Ave.)
4. Adjournment
r
`:.® CITY OF IOWA CITY
'�� MEMORANDUM
DATE: 7/2812016
TO: BOARD OF APPEALS
FROM: SUSAN DULEK, ASSISTANT CITY ATTORNEY
RE: APPEAL BY LISA & DAVID UDELL /605-607 HOLT AVENUE
Introduction
This Memorandum is to frame the legal issue presented by the appeal filed by the Lisa and David Udell
("Owners"). The City Inspector refused to pass a rental inspection due to a fumance and water heater
located in a basement bathroom ("the bathroom") stating that it did not comply with Section 17-5-19L of
the City Code and that structural changes be made. The Owners argue that Section 17-5-19L requires
that the bathroom be maintained as it has been, not that structural changes be made.
Issue
What is meant by the phrase "maintained in good and safe working condition" in Section 17-5-19L.
Discussion
Section 17-5-19L states:
The heating equipment of each dwelling shall be maintained in -good and safe workina condition
and shall be capable of heating all habitable rooms, bathrooms and toilet rooms located therein
to the minimum temperature required by this code. Supplied cooling equipment shall be
maintained in a good and safe working condition. However, heating and supplied cooling
equipment shall not be required to be maintained in operational condition during that time of the
year when said equipment is not normally used. No combustible material shall be stored within
three feet (T) of a fuel burning furnace and/or fuel burning hot water heater. Carbon monoxide
alarms shall be provided in dwelling units which contain fuel fired appliances or have an
attached garage with an opening that communicates with the dwelling unit.
(emphasis added).
The City Inspector argues that the phrase "maintained in good and safe working condition" means that
the bathroom must comply with health and safety codes, such as IRC Section 303.3. The Owners
argue that the bathroom has passed rental inspections since at least 2005, which is when they acquired
the property. Thus, according io the Owners, the bathroom has been and is maintained in good and
safe working condition.
The phrase "maintained in good and safe working condition" is not defined in the City Code. When
courts interpret language, they use what is referred to as "rules of statutory contstruction." I advise you
to do the same. Therefore, in considering what this term means, here are basic rules of statutory
construction in no particular order:
1. "Ordinarily, the usual and ordinary meaning is to be given the language used but the
manifest intent of the [City Council] will prevail over the literal import of the words used. "
2. "[L]ook to the object to be accomplished and the evils and mischiefs sought to be remedied
in reaching a reasonable or liberal construction which will best effect its purpose rather than
one which will defeat it."
3. "All parts of the [housing code] should be considered together and undue importance should
not be given to any single or isolated portion."
4. "[A]void strained, impractical or absurd results."
American Home Products Corp. v. Iowa State Board of Tax Review, 302 N.W.2d 140, 142-143 (Iowa
1981).
The Owners argue that the rental inspection process cannot require compliance with the Building Code,
but only the Housing Code. The City Inspector responds by arguing that the IRC is being used to
interpret the Housing Code provision, that is the bathroom cannot be maintained in a safe manner if it
does not comply with the IRC. The Owners are correct in that a rental inspection cannot be denied
based on a section of the Building Code. However, the City Inspector is also correct it is reasonable to
use another code as a standard to define what is meant by "good and safe working condition."
In sum, the Board must decide if the term "maintained in good and safe working condition" means that
the bathroom must comply with IRC Section 303.3.
Due Process Issue
In their conclusion, the Owners allege at the end of their appeal that the City Inspector's decision
denies them their rights to due process of law. At a minimum, due process of law requires notice and
opportunity to be heard. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313 (1950). The
City has provided the Owners with notice of the decision on the rental permit inspection and an
opportunity to be heard before the Board of Appeals. If the Board upholds the City inspector's decision,
the Board will not be denying the Owners their right to due process.
Conclusion
I will be happy to answer any questions you may have at the August 1 hearing.
Copy to:
Tim Hennes
Stan Laverman
Lisa and David Udell
I I may/ OF I O V 'i/ A CITY
MUM
MEM 0 RA
Date: July 26, 2016
To: Board of Appeals
From: Stan Laverman, Senior Housing Inspector
Re: 605-607 Holt Avenue Appeal of Notice of Housing Code Violation
Introduction: The item under appeal relates to a furnace & water heater located in a bathroom
closet.
Facts: I would agree the facts presented by the applicant are substantially accurate.
Relevant Code Sections:
1979 IMC (Code under which dwelling was built) Chapter t heating systems Section 704:
Warm -air furnaces shall not be installed: 6. In a room used or designed to be used as a
bedroom, bathroom, closet or in any confined space with access or through such room or
space.
2015 IRC (Current Code) G2406.2 (303.3) Prohibited locations. Appliances shall not be located
in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that
opens only into such rooms or spaces, except where the installation complies with one of the
following:
1. The appliance is a direct vent appliance Installed in accordance wan the conditions of
the listing and the manufacturer's instructions.
5. The appliance is installed in a room or space that opens only into a bedroom or
bathroom, and such room or space is used for no other purpose and is provided with a solid
weather-stripped door equipped with an approved self -closing device. All combustion air
shall be taken directly from the outdoors in accordance with Section G2407.6
Discussion of Solutions: The following three options were discussed with owner as ways to
bring dwelling into compliance.
1. Remove bathroom.
2. install sealed combustion, direct vent fuel burning appliances.
3. Install solid weather stripped doors equipped with self -closing devices. Install
combustion air duct that draw adequate air directly from the outside.
IREQUEST FOR A HEARING BEFORE
THE BOARD OF APPEALS
City Clark
City of Iowa City
410 Fast Washington
Iowa City, Iowa 52240
Property Address: W5—
HEARING REQUEST FOR:
Date:%t�l 281 i„
r—sj
ft Nola;
CITY OF IOWA CITY
Appeal of Notice of Housing Code Violation.
❑ Request for a Variance from Housing Code Section
❑ Appeal the decision of the Building Official or Fire Chief (attach copy of decision) because:
❑ (1) There are practical difficulties involved In carrying out the provisions of this code. Practical difficulties
means that: (a) the strict letter of this code is impractical; (b) the modification is in conformance with
the Intent and purpose of this code; and (c) such modification does not lessen any fire -protection
requirements or any degree of structural integrity; or
(2) Any material, alternate design or method of construction not specifically prescribed by this code is
appropriate. Any material, alternate design or method of construction is appropriate if: (a) the
proposed design is satisfactory and complies with the provision of this code; and (b) the material,
method or work offered is, for the purpose Intended, at least the equivalent of that prescribed in this
code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation; or
❑ (3) The building officiaVnre chief has Incorrectly interpreted a provision of the code; or
❑ (4) The provisions of the code do not fully apply.
State all code provisions applicable to the appeal.
to s-la L : t*7-5--7
Explain basis for appeal.
Attach relevant supporting documentation.
Signature:
Please print name:
Address:
Daytime Phone M
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1521 S*" St- Cora ('A 42-118
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FILING FEE - $100.00
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To the Appeals Board, Iowa City Housing Inspection Services
Re: Appeal of Inspection Report for 605 Holt Avenue, Iowa City
This is an appeal from the following finding stated in the Inspection
Report dated Anril 25- 2016:
Bathroom 2 —19L: Furnace and water heater located in the
basement are located in a closet in the bathroom. At a
minimum, the shower stall would need to be removed from the
bathroom. If the bathroom is to be maintained the furnace and
water heater would need to be separated from the bathroom in
an airtight manner and combustion air must be supplied from an
outside source or an electric water heater and a sealed
combustion furnace may be installed in place of present gas
fired appliances.
A copy of the Inspection Report is attached as Exhibit 1.
Section 17-5-19L, the section referenced in the Inspection Report,
states in pertinent part:
L. Pleating And Cooling Equipment: The heating equipment of -'
each dwelling shall be maintained in good and safe working
condition and shall be capable of heating all habitable rooms,
bathrooms and toilet rooms located therein to the minimum '
temperature required by this code.'
The furnace and water heater installation is an existing one that was
lawful and conformed with these same maintenance standards from 1992
through 2014.
1 In full, the section states: "Heating And Cooling Equipment: The heating equipment of
each dwelling shall be maintained in good and safe working condition and shall be
capable of heating all habitable rooms, bathrooms and toilet rooms located therein to the
minimum temperature required by this code. Supplied cooling equipment shall be
maintained in a good and safe working condition. However, heating and supplied cooling
equipment shall not be required to be maintained in operational condition during that
time of the year when said equipment is not normally used. No combustible material shall
be stored within three feet (T) of a fuel burning furnace and/or fuel burning hot water
heater. Carbon monoxide alarms shall be provided in dwelling units which contain fuel
fired appliances or have an attached garage with an opening that communicates with the
dwelling unit. (1978 Code §17-7; amd. 1994 Code; Ord. 15-4648, 11-10-2015)."
The question here is whether the Housing Inspector, and this Board,
may now interpret "maintained in good and safe working condition" to
require an existing structure and equipment, in place and operating for at
least 22 years under validly issued rental permits, to be removed, remodeled
or rebuilt.
Summary
The basis for this appeal is that the annual rental permit inspection
lacks authority to compel a property owner to tear down or relocate an
existing bathroom, or otherwise perform the structural changes demanded in
the Inspection Report, because of the location of existing heating equipment.
The inspection is authorized to enforce maintenance responsibilities.
The Housing Code section specified by the Inspection Report, 17-5-19L,
requires that heating equipment "shall be maintained in good and safe
working condition."
This is not a case of failure to maintain. The furnace and water heater
at issue have been and are maintained in the same good and safe condition
they have been in since rental permits started issuing for this property. The
Inspection Report does not show the heating equipment is in poor or unsafe
working condition. There is thus no basis for the housing inspector's finding
that section 17-5-19L requires the existing shower to be demolished, or the
existing heating equipment to be replaced, or the bathroom's existing
equipment closet and ventilation systems to be remodeled.
Applicable Standards ^ ?
Annual rental permit inspections are conducted under the authori� of ,y
Iowa City's Housing Code, Title 17, Chapter 5, section 7C. These ;
inspections, entitled "maintenance inspections," authorize inspections of the
provisions of Housing Code section 17-5-19. Housing Code § 17-5-7C.
Section 17-5-19 sets forth owner responsibilities "relating to the
maintenance and occupancy" of the premises. Housing Code § 17-5-19. It
does not authorize inspection for conformance with structural standards.
Housing Code § 17-5-7.
2
Structural standards for rental properties are set forth in section 17-5-
18. These are standards to be met when a property's certificate of structural
compliance is issued. Housing Code § 17-5-7B. Thereafter, "there shall be no
further inspection and enforcement of the structure items under sections 17-
5-17 and 17-5-18 of this chapter." Housing Code § 17-5-7B; see also
Lounsberry v. Heath, Iowa Ct. App. No. 4-040 (Mar. 10, 2004) (holding
landlord has duty to abide by Iowa City Housing Code, not Iowa City
Building Code, and housing code does not require compliance with
provisions of building code, which only come into play if there is new
construction or replacement in older buildings).
Maintenance standards for rental properties are set forth in section 17-
5-19. The section invoked by the housing inspection, section 19L, is quoted
above. As relevant here, section 19L speaks solely to an owner's
responsibility to maintain heating equipment in good and safe working
condition. It does not address installation location. Housing Code § 17-5-
19L.
Facts
1. This case concerns a duplex located near Upper City Park at 605-607
Holt Avenue. It was built in or around 1940. We have owned the property
since 2005.
2. From at least 2005 to the present, Unit 605 has been in substantially
identical structural condition. its f mace and water heater are located in the
basement, in an equipment closet located in the basement bathroom.
3. We bought this property as investment property, in reliance on its
rental permit. The 2004 rental permit states that the structure was in
compliance with the Housing Code requirements (Iowa City Housing Code
section 14-5E-19) at that time. A copy of the permit is attached as Exhibit 2.
4. The property has been a rental since at least 1992. From 1992 to 2016,
it has held valid Iowa City rental permits. These permits certify that the
structure was in compliance with the maintenance requirements (now ICHC
section 17-5-19) at time of issuance. A copy of its rental permit activity (as
available from the City's website) is attached as Exhibit 3.
3
5. During the past 24 years, city housing inspectors inspected and
approved the property conditions and use more than nine times, as reflected
in this rental permit history.
6. In 2012 and 2014, these inspections specifically focused on the
furnace and water heaters and the provisions of Housing Code section 17-5-
19L. (See 2012 and 2014 inspection reports). They found no maintenance
violations, and no safety concerns, in the existing installation.
7. On April 25, 2016, Iowa City Housing Inspector Bob Shaver
conducted the property's biennial re -inspection. He noted the finding stated
above as an item "not in compliance" with Title 17, Chapter 5, of the Iowa
City Housing Code, and issued an inspection report bringing it to my
attention "for correction." (Exhibit 1).
8. I asked Mr. Shaver for more information about the basis for his
decision that this condition was not in compliance with rental property
requirements. Via email, he sent me section G2406 of the 2015 International
Residential Code, showing building code structural standards for appliaabe
location. A copy of this section as supplied by Mr. Shaver is attached as"
Exhibit 4. ;
�5
9. On April 28, 2016,1 spoke with Senior Housing Inspector Stan
Laverman regarding the inspection. I informed Mr. Laverman that I did not
believe this was a valid interpretation or application of Housing Code
section 17-5-19L; that the inspector's interpretation of "maintenance" was
unreasonable; and that even if I would agree to take corrective action, the
proposed re -inspection date of May 31 was unworkable, because we were
leaving the country on April 29 and would not return until May 16, leaving
no time to even get bids, much less have any work done. I followed up our
telephone conversation with a letter, a copy of which is attached as Exhibit
5.
10. Mr. Laverman assured me ihat the inspection Report was not the same
as a Notice of Violation triggering the ten-day period for appeals, that we
could go on our trip and discuss the matter further when we returned.
2 All other items noted in the Inspection Report were immediately corrected. A re -
inspection was made on or about June 7, 2016. To the best of our knowledge, all other
issues are resolved.
0
11. Upon our return, Mr. Laverman and I discussed the matter finther. He
indicated that the Housing Inspector would not reconsider the issue and the
only way to challenge the inspector's interpretation of section 19L was to
appeal.
12. To date, no Notice of Violation has yet issued; however, the City has
failed to renew the Rental Permit, although we made all other corrections
noted in the report, had them re -inspected, and paid all fees.
Conclusion
To apply Housing Code section 17-5-19L as interpreted in the 2016
Inspection Report is contrary to the Housing Code. A straightforward
reading of the Housing Code provisions shows that the structural corrections
Purportedly required by the current inspection report exceed the housing
inspector's authority. The plain language of section 19L simply requires the
existing heating equipment to be maintained in good and safe condition. The
clear command of section 7C forbids the inspector to inspect for, or demand
compliance with, building code structural requirements.
If section 17-5-19L were interpreted to authorize the inspector's
action, then it would grant the inspector unregulated discretion to arbitrarily
prescribe structural renovations as "maintenance" requirements. Further, it
would give property owners no notice of what "maintenance" re
quiremeatis
may be imposed at the inspector's whim. As applied to withhold a rental ''
permit for investment property, the section would deprive us of our property
without just compensation and without due process of law, and deprive us of
equal protection of the law, in violation of the Iowa and U.S. Constitutions.
We ask this board to make a finding that the fact of the existing
furnace and water heater being located in a closet in the bathroom does not
violate Housing Code section 17-5-19L, and to direct the Housing Inspection
Services Department to promptly release the rental permit for this property.
Respect lly S miffed,
1sa &David Udell, Owners
INSPECTION REPORT
Date: 4/25=16
CITYOFIOW4 CITY
GZ
DAM UDELL
LISA UDELL
1327 8TH ST
CORONADO, CA 92118
CASE # : REN01555
LOCATION OF PROPERTY:605 HOLTAVE
The Department of Housing and Inspection Services inspected the property listed above on 41a5f2016. The follottng
items are not o cetion: with Idle 17, Chapter 5; the byre City HmmkV Code and are hereby brought to your
attention for correction:
Unit : 605
Bedroom 2 -1" : West bedroom snake alarm is inoperable. Relocate smoke Yerrri to area outside of 00,
fan blades.ng
Mlchen -19-1: An outlets servicing a counter must be GFCI protected. Any electrical GUM that is in need or
replacement must be replaced with a tamper resistant receptage.
Kitchen -19-0 : Fire extinguisher is out of date. Fie ermrguishar may be serviced or replaced with an approved
2A10BC fire extinguisher,
Hallway -19-L: Second floor hallway lacks a required Carbon Monmdde detector. it Should be boated outside of
the bedrooms.
Bathroom 2 -19-L: Furnace and water heater located in the basement are located in a closet in the bathroom.
At a minimum, the shower stall would creed to be removed from the bathroom_ Ifthe bathroom is to be
maintained the furnace and water heater would need to be separated from the bathroom In an airtight manner
and combustion air must be supplied from an nutsids source or an electric water heater and a sealed combustion
fumece may be Installed in piece of present gas feed appliances. .
Unit: 607
Hallway -19-L: Second floor hallway lacks a required Carbon Manmade detector. It should be located outside of
the bedrooms.
REINSPECTION DATE: 5131/2016 10:00 am
INSPECTOR: Bob Shaver - 319-W"134
This we"a ern ,rn _� carded out to dataunioe onbe mmtobnco. No fee we be "eased for the mead reimpemton and for one re6bapecdmr or
emelor wca Iran bes been Parted an aldenebn to mnpid'. A $90 faro ens be saerW Itr each additional ralnspactise which roue be
scheduled. A$50'no ahow'feewli beassessed fireeUi r■N Mcllon atwhich the awreregda Ws is appmrin w derw prmwg kmNlw aCe99 .
FAILURE TO CORRECT THE VIOLATHM) VgTM THE TIME SPECffiED NAT NBULT at MUANCE OF A CmATgN AND FUR HE
OGE. RE. ACTION aENe TAIAny peal m you meish b ceeidst this m IK,, Appeal Regced fiance can be Obtained at tie Housing Inspection coma,
request anwedugtsr Sheet Any appeal mart be receWod b the pace or the Coy CIO* Win ben (10) days of ycur me Wt m it" notice. Facture b ppeal abet CMMAe a waNw of the dent b a reertle and no notice shed become a ail determination and maw. When
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■Pgicebla Prwtdws of The Fbuhle Coda of the qqr of Imre fell, Isee been condoled with. Use Depsmrem or Housing and Inspection earNma wal
Issue a Cedecete ar Sbdcbnre wroPhrws amMor Rental %m*. it ■■zwsi ca0m or
e#enslon of dme may be requested in enable from your Inspector
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410 EAST WASHINGTON STREET • IOWA CITY, IOWA fr240-1820 • (31g) 356.5000 • FAX (319) 341-4020
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Page 1 of 1
Permit # :
Permit Issued On
Permit Valid Through
Promises Address :
Owner Information :
RENTAL PERMIT
City of Iowa City
REN01555
05/12/2004
02/28/2007
605-607 HOLT AVE
DAVID UDELL
LISA UDELL
1327 8TH ST
CORONADO, CA 92118
Phone 1 : 619/522-M7 (h)
Typeluse of structure: 2 Dwelling Unit(s)
ra
CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 145E-18 of
the Iowa City Housing Code at time of issuance. This does not imply that the property is in �m wild a with the
Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes.
Jnit Specific Information :
Unit # 11 Aawssnble 11 Bedrooms
Data current as of : 7/13/2007
http✓�www.iowa-6ty,org/rentals-asP7c=REN01555&pm=yes
711Y2007 I
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Welcome to Housing iA Inspection Service al Online Servicee t
Home Status parcel Comment Apply e-•flmlp'—_1
View Gave Status
r
The information below summarizes the case you selected,
ry
Status :
R
Description : Two story wood frame structure
Name:
DAVID UDELL
containing two two -bedroom dwelling units. Side by
Address :
fi05 HOLT AV
_€ (click for map)
side similar mirror linage floor plans. 607 has a
nonhabitabie basement and 605 basement Is habitable.
Application Date :
6/24/1996
Both units are townhouse style. Two stall garage
Parcel:
1904482009 (click for parcel detaiis)locat8d
west of the house with gravel driveway.
Staff: RES Status: DONE
Notes
Unit: 605
Insp Date:
4/25/2016 3:10:53
PM
Bedroom 2 - 19-0 : West bedroom smoke alarm is inoperable. Relocate smoke alarm to area
outside of ceiling fan blades.
Kitchen - 19-1 : All outlets servicing a counter must be GFCI protected- Any electrical outlet that is in
need of replacement must be replaced with a tamper resistant receptacle.
Kitchen - 19-Q : Fire extinguisher is out of date. Fire extinguisher may be serviced or replaced with
an approved 2A10BC fire extinguisher.
Hallway - 19-L : Second floor hallway lacks a required Carbon Monoxide detector. It should be
located outside of the bedrooms.
Bathrpom 2 - 19-L : Furnace and water heater located in the basement are located in a closet in the
bathroom. At a minimum, the shower stall would need to be removed from the bathroom. If the
bathroom is to he maintained the furnace and water heater would need to be separated from the
bathroom in an airtight manner and combustion air must be supplied from an outside source or an
electric water heater and a sealed combustion furnace may be installed in place of present gas fired
appliances.
Unit: 607
Hallway - 19-L : Second floor halfway lacks a required Carbon Monoxide detector. It should be
located outside of the bedrooms.
Notice of Violation sent
Staff : RES Status: DONE Date! 4/25/2016
Notes 3:10:53 PM
Violation list printed from Inspection Buddy
Re -inspection
Notice Sent.
Staff: RES Status: DONE
Date S
4/25/2016 3:10:63 at
PM 6/31/2016
Notes
Created from Inspection Buddy
(F) fiend renewal letter
Staff : SSD Status: DONE
Date: 2/17/2016
(F) Renew permit
Staff: RJH Status: DONE
Date: &29/2014:.
Release rental permit
Staff: RJH Status: DONE
Date 5i29%2014=))
Notice of Violation gent
Staff: RJH Status: DONE
Date: 4/30/2014
Notes
9:31:17 AM v
.
Violation list printed from Inspection Buddy
Re-insnectiop
Notice Sent:
Staff: RJH Status :PASS
Date Set
4/30/2014 9:31:17
Date Done
AM 5/22/2014
5/22/2014
Notes:
Created from Inspection Buddy
Rental Inspection
Staff : RJH Status: FAIL
Insp Date
Notes
4/4/2014
Unit: 605
Basement - 19-J : Water heater pressure relief valve extension pipe is too long and appears to be
capped. An extension pipe the same diameter of the outlet of the relief valve must be installed and
must terminate no less then 6 inches and no more than 18 inches from the floor.
Unit: 607
Basement - 19-J : Water heater pressure relief valve extension pipe s too small. An extension pipe
the same diameter of the outlet of the relief valve must be installed and must terminate no less than
6 inches and no more than 18 inches from the floor.
Basement - 19-K : Water heater gas piping lacks a required drip leg. All fixed gas appliances are
required to have a condensation catching drip leg installed prior to entry into appliance.
Kitchen -19-0 : Fire extinguisher is out of date. Fire extinguisher may be serviced or replaced with
en approved 2A10BC fire extinguisher,
Staff : SSD Status: DONE
Staff: SM Status: DONE
Staff: SM Status: DONE
(F) Send renewal letter
(F) Renew permit
Date: 2/21/2014
Date: 4/4/2012
Insp Date :
3/22/2012 2:12-18
z
PM
Notes
Unit: 607
Kitchen - 19-Q : Fire extinguisher needs to be mounted in an accessible location.
Basement -19-L : Combustible materials are being stored near the water heater and furnace. No
storage of combustible material is permitted within three feet of fuel burning equipment.
Unit: 605
Upstairs Hallway -19-Q : Lacks a functional smoke alarm. Install a new 9-volt battery operated dual
sensor smoke alarm installed as per the manufacturerts instructions.
Basement -19J : Cap old washer drain in basement bathroom.
Bedroom 1 -19-Q : Smoke alarm is inoperable replace battery and re -test if still inoperbale replace
with a new 9-volt battery operated dual sensor smoke alarm installed as per the manufacturers
instructions.
e
Notice of Violation sent
Staff: SM Status: DONE
Date: 3/22/2012 . .
2:12:18 PM'
Notes
Violation list printed from Inspection
Buddy
Re -Inspection
Notice Sent:
Staff: SM Status :DONE
3/2212012 2:12:18 Date Set:
Date Done
PM 3/26/2012
3/26/2012
Notes
Created from Inspection Buddy
IF) send renewal letter
Staff : SSD Status: DONE
Date: 2/23/2012
(F) Send renewal letter
Staff: SSD Status: DONE
Date: 2/16/2012
(F) Renew permit
Staff: ARA Status: DONE
Date, 6/8/2010
Release rental permit
Staff : ARA Status: PASS
Date: 6/8/2010
R€Anspectlon
Staff: ARA Status: PASS
Notice Sent: Date Set:
Date Done
4/13=10 5/18/2010
5/18/2010
Notes .
30 day
Conducted reinspection w/ Rod Faulkner and all violations have been corrected.
Staff: ARA Status :
Date: 4/2212010
Notes:
Sent letter regular mail to Westwinds. Resent letter after discovering managers address had
changed.
Staff : ARA Status: FAIL Notice Sent: Date Set: Date Done
2/22/2010 4/2/2010 402010
Notes .
Conducted inspection w/ Rod Faulkner and all violations have been noted.
(F) send renewal letter
Staff: SSD Status: DONE Date:2/22/2010 to
(F) Renew permit
Staff: SSD
Status: DONE
Date: 1/18/2008
Release rental permit
Staff: SML
Status: DONE
Date: 1/17/2008
Re -inspection
Staff: SML
Status: DONE
Notice Sent: Date Set:
Date Done:
Notes
1 /17/2008 1 /17/2008
1/17/2008
New again.
Release permit
Re -Inspection
Staff: SML Status: PART Notice Sent: Date Set: Date Done
Notes . 7/3/2007 8/9/2007 11/21/2007
Waiting on desiginated agent paperwork
Notice of Violation sent
Staff: SML Status: DONE Date:7/32007
Notes :
Regular Mail
inspection
Staff : SML
Status: FAIL
Notice Sent: Date Set
Date Done
6/26/2006 6/26/2007
r ,
6/26/2007 `=
Notes :
�^
Inspected with tenants. Violations noted.
Licensing inspection
Staff: SML
Status: NOSH
Notice Sent: Date Set :
Date Done
3/20/2007 3/20/2007
3/20/2007
Notes :
NOSH
ru
(F) Send renewal letter
Staff: SSD
Status: DONE
Date: 2/272007
(F) Renew permit
Staff: SML
Status : DONE
Date: 5/122004
Raleesc rents! permit
Staff: NBC
Status
Date: 5/7/2o04
Re -inspection
Staff: NBC
Status: PASS
Notice Sent: Date Set
Date Done
4/62004 5/7/2004
5/72004
Notes
reinspected w/maintenance man. All
ok.
Notino of Violation sent
Staff: NBC
Status: DONE
Date: 4162004
Notes:
USPS to owner.
Licensing inspection
Staff: NBC
Status: FAIL
Notice Sent: Date Set:
Date Done
3/32004 42/2004
4/22004
Notes
Inspected w/Ellen
Schellin. Violations noted on attached letter.
(F) Send renewal letter
Staff: JGS
Status: DONE
Date: 3/3/2004
(F) Renew permit
Staff: SJH Status: DONE Date: 5/8/2001
Licensing Inspection
Staff: JB Status: PASS Notice Sent: Date Set. Date Done
Notes. 3/2/2001 4/6/2001 4/6/2001
Inspected w%Ellem Sehllin.
Release rental permit
Staff: JB Status
Date:4/912001
(F) Send renewal latter
Staff: JGS Status: DONE
Date:3/2/2001
(F) Renew permit
Staff: JS Status
Date: 10/9/1998
Release rental permit
Staff : AA Status : PASS
Date: 10!8/1998
Extension Letter Approved
Staff : AA Status: XTND
Date Approved
Notes
$/24/1998
Extension requested by Ellen Schellin for all repairs.
i
E2
Staff: AA Status: XTND
Date Approved .c _
Nods :
516/1998.
Extension requested by Ellen Schellin for all violations.
:' C'
Notice of Violation
Staff : AA Status :
Date: 3/27/1998 "
Notes :
Sent notice regular mail to Ellen Schellin.
N
Re -Inspection
Staff : AA Status: PASS Notice Sent: Date Set Date Done:
Notes ; 3/27/1998 9/18/1998 9/18/1998
ext. rein. Conducted reinspection w/ Ellen Schellin and all violations have been corrected.
(P) menu reney-'al lsn, t
Staff : JS Status Datel : 2/25/1998 Date2 : 2/25/1998 Date : 2/25/1998
l=lean�infl inspec1ion
Staff: AA Status: FAIL Notice Sent: Date Set: Date Done:
Notes 2/25/1998 3/23/1998 3/23/1998
Conducted inspection w/ Ellen Schellin and all 30 day violations have been noted.
(F) renew permit
Staff: JS Status : Date - 6/28/1996
Release rental per ar6t
Staff: GAK Status : Date: 12/18/1995
Re -inspection
Staff: AA Status: PASS Notice Sent Date Set Date Done:
Notes 10/31/1995 11/1/1995 12/11/1995
Ellen Schellin called for a reinspection. Reinspected with Ellen Schellin, all violations corrected.
Re -inspection
fZ
Staff : GAK Status: FAIL Notice Sent: Date Set, Date Done.
Notes 11/1 /1995 11/1/1995 11/1/1995
Reinspected with Ellen Schellin, most violations corrected but painting remains.
Re4rispection
Staff: GAK Status: FAIL Notice Sent: Date Set: Date Done
Notes 10/24/1995 11 /2/ 1995 10/30/1996
Initial hearing date. Reinspected with Ellen Schellin, violations remain,
Citation Issued
Staff: GAK Status :
Date Issued:
Notes
10/24/1995
Issued citations 91102, #1103, & #1104 to Ellen Schellin.
Re -inspection
Staff: GAK Status : FASF Notice Sent: Date Set:
Date Done
10/18/1995 10/24/1995
10/24/1996
Notes
Scheduled final reinspection, letter sent to Ellen Schellin. No show for scheduled reinspection. Will
issue citations.
Re -inspection
Staff : GAK Status: FASF Notice Sent: Date Set
Date Done:
Notes 8/25/1995 9/1/1995
9/1/1995
Sent letter scheduling reinspection to Ellen Schellin. No show for scheduled
reinspection. Was able
to access unit 605, some work completed. Also some work completed on the exterior.
Re -inspection
Notice Sent: Date Set:
Staff :GAK Status: FASF
Date Done..!
4/18/1995 6=1996
6/8/1995
Notes
30 dayreinspection
pection due. No show for scheduled reinspection, no work Completed. Will issue 1,,a
citation.
Notice of Violation sent
Staff: GAK Status Date: 4/18/1995
Notes:
Letter sent to Ellen Schellin
Licensing inspection
Staff: GAK Status: FAIL
Notice Sent: Date Set:
Date Done:
4/12/1995 4/12/1996
4/12/1995
Notes
Inspected with Ellen Schellin, violations noted.
Licensing Inspection
Staff : GAK Status: FASF
Nonce Sent: Date Set:
Date Done
3/2/1995 3/13/1995
3/13/1995
Notes
No show for scheduled inspection.
(F) Bend rariajrai sett:;
Staff:JS Status
Date1:3/211995 Date2:3/211995
Date:3/2/1995
(F) Renew permit
Staff: JS Status :
Date: 9/25/1992
Release rental permit
Staff: S♦- Status Date: 9/2111992
Staff: SF Status Date Approved:
Notes 8/25/1992
VIOLATION EXTENSION DUE.
Re-inspectlon
Staff: SF Status PASS Notice Sent: Date Set: Date Done
Notes . 6/10/1992 9/21/1992 9/21/1992
SERVED 60 DAY NOTICE TO ELLIN SCHELLIN. WAS CONTACTED BY ELLEN SCHELLIN. SHE
WILL BE GONE FOR COUPLE WEEKS ON VACATION. TOLD HER SHE NEEDED TO SEND IN
EXTENSION REQUEST. Conducted inspection with Ellen Schellin. All 60 day violations are
corrected. Release Rental Permit.
(8) Bend renewal notice
Staff : Status Date: 2/25/1992
Licensing inspection FAIL
Staff: SF Status: FAIL Date Done
Notes: 5/13/1992
CONDUCTED INSPECTION WITH ELLEN SCHELLIN. CITED VIOLATIONS ON 60 DAY NOTICE.
TAPE TO W.P.C.
item
Fee Amount
Fee Remaining
RENTAL PERMIT FEE'
235.00
0.00
RENTAL PERMIT FEE *
223.00
0.00
RENTAL PERMIT FEE'
212.00
0.00
RENTAL PERMIT
212.00
0.00
RENTAL PERMIT FEE *
176.00
0.00
RENTAL PERMIT FEE'
160.00
0.00
REINSPECTION FEE....
160.00
0.00
RENTAL PERMIT FEE *
80.00
0.00
RENTAL PERMIT FEE..B
80.00
0.00
RENTAL PERMIT FEE..B
80.00
0.00
RENTAL PERMIT FEE..B
56.00
0.00
Title ID
Tag
Documents
04-06-04 Notice of Violation (0 bytes)
06-26-2007 Notice of Violation (0 bytes)
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c_
ro
C=,
Iq
605-07 HOLT DESIGNATED AGENT FORM
-0-13-10
02-28-2012RP
9-22-2012
2-282014RP
04-30-2014
02-28-2016RP
04-25-16
02-28-2007RP
2-28-201ORP
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1327 8th Street
Coronado, CA 92118
(619) 990-4622 • ludell@san.rr.com
April 28, 2016
Mr. Stan Laverman
City of Iowa City Housing Inspection Services
410 East Washington Street
Iowa City, IA 52240-1826
Re: Case # REN01555 — 605 Holt Avenue Iowa City
Dear Mr. Laverman:
Thank you for your time today, I really appreciated speaking with you
about the inspection report for the above property. I just wanted to follow up
to confirm your assurance that the 10-day time to appeal from a Notice of
Violation did not start to run from the inspection report dated April 25.
We will be out of the country from April 29 through May 15, 2016,
and on our return, I will get back in touch with you after I have explored the
cost of the changes requested by the inspection report, specifically, the
replacement of the louvered doors with solid doors and the addition of
exterior venting. The re -inspection date that is presently set for Wy 31Ywi11
be adjusted as needed. As I said, the other items noted in the inspectionftave
already been remedied and can be re -inspected any time.
I also would like to discuss the possibility of ameliorating concern&
about carbon monoxide by installing a CO2 detector in the bathroom. A.is
seems to be a simple, effective, and practical solution that is more '
reasonable under the circumstances. As I understand it, the concerns raised
by the inspector do not involve either fire protection requirements or
structural integrity.
Unit 605 has undergone rental inspections at least since 1992. In
1992, 1995, 1998, 2001, 2004, 2007, 2010, 2012, and 2014, the existing
configuration of bathroom, furnace and water heater was deemed to be in
compliance with the ICHC. It seems unlikely that the furnace's location in
i7
E;A;61+ 5
the bathroom was missed by all those inspectors (especially since the 2012
and 2014 inspections particularly focused on ICHC section 19-L, the
furnaces, and the water heater in 605). Doesn't it seem more likely that the
situation was deemed to be grand -fathered? To now interpret section 19-L to
require extensive and costly alternations seems to go beyond both the
language and the intent of the housing code, in a very arbitrary and
unreasonable manner.
I truly appreciate your consideration of the foregoing and will contact
you later in May. Thank you again.
Sincerely,
Lisa Udell
Owner
Cc: Julie Dancer
�Fi it lipy
91
1327 86 Street
Coronado, CA 92118
ludell(a`:san.rr.com (619) 522-0067
July 19, 2016
City Clerk
City of Iowa City
410 East Washington
Iowa City, IA 52240
Re: Request for Hearing Before the Board of Anneals
Dear Clerk:
Enclosed please find a Request for Hearing before the Board of Appeals
in the matter of a Housing Code Inspection and failure to release a rental permit
for property located at 605-607 Holt Avenue in Iowa City. A check for the $100
filing fee is also enclosed, along with an extra copy of the appeal, and a self-
addressed, stamped envelope. I would like to have the extra copy conformed to
your official file copy, and returned in the envelope provided.
I understand from the City's website that appeals filed by July 22 will be
heard on August 1. I have made travel arrangements to fly to Iowa City for the
hearing, so I do hope this schedule will be honored. I would appreciate it if you
would email me at ludcll�u)sanxncom to let me know the time and location for
the Board of Appeals meeting. Thank you in advance for your courtesy.
Very truly yours,
;%�p�
5aUdell
Encl.
CITY OF IONA CITY
REVENUE DIVISION
410 E NASHINGTON ST
IONA CITY, IA 52240
(319) 356-5066
003560-0023 Tammy H. 07120/2016 1O;33AM
MISCELLANEOUS
Description; OTHER
(OTHER)
Reference 1: HOUSING AP
OTHER
1 6 100.00 100.00
95900000-101100- 100.00D
10610610-341900- 1OO.000
Payment Id. 121882
100.00
Subtotal
100.00
Total
100.00
CHECK
100.00
Check Number 962
Change due
0.00
Paid by; LISA UDELL
THANK YOU FOR YOUR PAYMENT
CUSTOMER COPY