HomeMy WebLinkAbout2026-05-18 I03 Chapter 156, Residential Rental Code_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 18, 2026
AGENDA ITEM: Consideration of approval of an Ordinance to amend Chapter 156, Residential
Rental Code, Waukee Municipal Code, by repealing the current chapter in its
entirety and enacting in lieu thereof Chapter 156, Residential Rental Code
[Introduction; First Reading]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: For the past several months, city staff have been working
on updating Chapter 156 of the Waukee Municipal Code which includes
adoption of regulations relating to residential rental units. The most significant
change to Chapter 156 is the proposal to change the certification of rental
units from two years to three years. The purpose of the change is to extend the
certification due to how new most of the rental units in the city are. Since the
inception of the rental program the city has not seen significant issues with the
vast majority of rental units and staff feels that the certification period can be
extended an additional year. The extension of the certification period would
not prohibit a tenant/resident from filing a complaint with the city to
investigate a potential issue.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the first reading of the
ordinance in title only.
RECOMMENDATION: Approve the first reading of the ordinance in title only.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
I3
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 156, RESIDENTIAL RENTAL CODE,
WAUKEE MUNCIPAL CODE, BY REPEALING THE CURRENT CHAPTER IN ITS
ENTIRETY AND ENACTING IN LIEU THEREOF CHAPTER 156, RESIDENTIAL
RENTAL CODE
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Waukee Municipal Code Chapter 156, Residential Rental Code, should be and
the same is hereby repealed and enacted in lieu thereof is as follows:
156.01 PURPOSE.
1. In compliance with Chapter 364.17 of the Code of Iowa, it is the purpose of this chapter to
require property owners, their agents, and others who rent residential dwelling/sleeping units to
meet their responsibilities with respect to premise safety and to provide for inspection as a means
of compelling compliance therewith. It is not the purpose of this chapter to create any duty on the
part of the City, its officers, agents, or employees, owing to any individual member of the public
or to protect any particular or circumscribed class of persons. Specifically, it is not the intent of
this chapter to create any duty or liability by the City, its officers, agents, or employees, to
premises’ occupants, owners, tenants, or any other person.
2. No person shall place reliance upon this chapter, any inspections performed, or certificates
issued pursuant to this chapter, as indicating the safety of or quality of construction of any
particular premises. Neither this chapter nor inspections made pursuant thereto nor certificates
issued are intended to assume the duty of any person to adequately construct and maintain a
premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated
with the use of occupancy of any premises. A certification that the premises have been inspected
pursuant to this chapter shall not in any way constitute a warranty or guarantee of the safety or
quality of the premises.
156.02 SCOPE.
The provisions of this chapter shall apply to the maintenance, repair, equipment, use, and
occupancy of all residential rental buildings and accessory structures now in existence or
hereafter constructed, habilitated, renovated, or converted to residential use within the corporate
limits, including, but not limited to, single- and two-family dwellings, multiple-family dwellings
and rooming/sleeping units with the following exceptions:
1. Single-family dwellings occupied by the owner, or members of that owner’s immediate
family. Such members are defined as parents, grandparents, children, grandchildren, including
step-parents, step-children, and in-laws.
2. A duplex, at least one of the units of which is occupied by the owner, and the other unit is
occupied by a member of that owner’s immediate family. Such members are defined as parents,
grandparents, children, grandchildren, including step-parents, step-children, and in-laws.
3. Transient shelters and group homes subject to state licensing.
4. Hotels, motels, extended stay hotels, and other similar uses subject to state licensing.
156.03 CODE ADOPTED.
For the purposes of this Residential Rental Code, the International Property Maintenance Code
(IPMC) 2024 Edition and Appendix A therein along with the other provisions within this chapter
are hereby adopted and shall be further known as the City of Waukee Residential Rental Code.
An official copy of the International Property Maintenance Code, 2024 Edition, as adopted, and
a certified copy of this chapter can be viewed in the Community Development Department.
156.04 CODE REFERENCE.
1. Building Codes Referenced. The International Building Code, International Residential
Code, International Fire Code, National Electric Code, Uniform/International Plumbing Code,
International Mechanical Code, International Swimming Pool and Spa Code, and International
Fuel Gas Code that are adopted and enforced at the time of inspection are adopted, as referenced
for requirements, location, and maintenance of building elements needed to provide structural,
fire, and building safety for occupants. This includes, but is not limited to, stairways, smoke
detectors, sprinklers, handrails/guardrails, lighting, and exits unless otherwise stated in this
chapter.
2. Public Health. Those nuisances and public health conditions not addressed by this Code of
Ordinances shall be governed and regulated by the Dallas County Department of Health.
156.05 INTERPRETATION.
1. In interpreting and applying the provisions of this chapter, such provisions shall be held to
the minimum requirements for the promotion of the public health, safety, and welfare. These
regulations shall be construed broadly to promote the purposes for which they are adopted.
2. These regulations are not intended to interfere with, abrogate, or annul any other ordinance,
rule, or regulation, statute, private covenants, or other provision of law except as provided in
these regulations. If a conflict between requirements appears within this chapter, the most
restrictive requirement shall prevail.
3. Information erroneously presented by any official or employee of the City does not negate or
diminish the provisions of this chapter pertaining thereto.
4. Whenever a number of days is specified in this chapter, or in any permit, condition of
approval or notice issued or given as set forth in this chapter, such number of days shall be
deemed to be consecutive calendar days, unless otherwise specified.
5. Whenever application of this chapter results in standards being expressed in fractions of
whole numbers, such fractions are to be rounded to the next higher whole number.
6. No action of the City, its City Council, Community Development Department staff, or the
Board of Appeals shall be deemed invalid by reason of failure to comply with or conform to the
provisions of this chapter, provided that the procedural requirements of the Code of Iowa have
been met.
7. It is the intent of this chapter that all questions of interpretation and enforcement shall be first
presented to the administrative official, and that such questions shall be presented to the Board of
Appeals only on appeal from the decision of the administrative official and that recourse from
the decision of the Board of Appeals shall be as provided by law.
156.06 INDEMNIFICATION.
The applicant for any rental certificate under this chapter, by making such application, assumes
and agrees to pay for all loss or damage to property whatsoever, and injury to or death of any
person or persons whomsoever, including all costs and expenses incident thereto, however
arising from or in connection with or related to the issuance of such rental certificate or the doing
of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of
such applicant, to abide by or comply with any of the provisions of this chapter or any other
ordinance of the City; and such applicant, by making such application, forever indemnifies the
City, its officers and employees and agrees to save it and them harmless from any and all claims,
demands, lawsuits, or liability whatsoever for any loss, damage, injury or death, costs and
expenses, by reason of the foregoing even though acts or omissions of the City, its officers or
employees may have caused or contributed thereto. The foregoing provisions shall be deemed to
be a part of any certificate issued under this chapter whether expressly recited therein or not.
In cases where the provisions of this chapter are found to be in conflict the provisions of an
zoning, building, fire, safety, health ordinance or City code, the provision which established the
higher standards for the promotion and protection of the health and safety of the people shall
prevail. In cases where the provisions of this chapter are found to be in conflict with the
provisions of any ordinance or City code which establish lower standards for the promotion and
protection of health and safety, the provision of this chapter shall be deemed to prevail, and such
ordinances or codes are herby declared to be repealed to the extent that they may be found in
conflict with this chapter.
156.07 INSPECTOR.
It shall be the duty of the Building Official, appointed under provisions of the Community
Development Director, to administer and enforce the provisions of this chapter and to make any
required inspections or tests. For the purposes of this Residential Rental Code they may also be
referred to as the Code Official. A person or persons may be appointed as assistants or agents of
the Building Official as may be necessary to carry out the provisions of this chapter. For the
purpose of making inspections, tests, or otherwise discharging their official duties, the Code
Official or inspector shall have the right to enter at any time any building, site, or manhole upon
notifying the company or individual owning or having charge or control of the same.
156.08 FEES.
The fees for activities and services performed by the Community Development Department in
carrying out its responsibilities under this Residential Rental Code shall be derived from the City
of Waukee Fee Schedule adopted on an annual basis.
156.10 AMENDMENTS, MODIFICATIONS, ADDITIONS, AND DELETIONS.
The following amendments, modifications, and additions to the International Property
Maintenance Code (IPMC) 2024, Edition, are hereby made:
1. Amend 101.1. Title, by inserting City of Waukee, Iowa as name of jurisdiction.
2. Amend 101.2. Scope, by deleting “residential and nonresidential” and replacing it with
“residential rental” so that the scope of this chapter and Residential Rental Code is limited to
rental housing only.
3. Amend 102.3. By deleting “International Zoning Code” and inserting “applicable codes that
are adopted by the City of Waukee.”
4. Amend 103.1. General, by deleting “the Name of Department ” and inserting “Community
Development Department.”
5. Amend 104.1 Fees to reflect the following:
Fees will be derived from the City of Waukee Fee Schedule adopted on an annual basis.
6. Amend 108.4. Failure to Comply, by deleting “shall be liable to a fine of not less than
[AMOUNT] dollars or more than [AMOUNT] dollars” and adding the following sentence
thereto: “Failure to comply with a rental housing inspection order is a violation and is considered
a municipal infraction.”
7. Amend 202. General Definitions, by adding the following definitions:
“Agent” means an individual of legal authority who has been designated by the owner as the
agent of the owner or manager of the property under the provisions of this chapter.
“Apartment house or multi-family residence” means any building or portion thereof which is
designed, rented, leased, or hired out to be occupied, or which is occupied as a dwelling or
residence of two or more families living independently of each other and doing their own
cooking in said building.
“Bed and breakfast” means an owner-occupied dwelling unit that contains more than one guest
room where lodging, with or without meals, is provided for compensation.
“Dwelling unit” means a single unit providing complete independent living facilities for a
family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. For
the purposes of this definition, a bed, day bed, couch, futon, or other similar multipurpose
sleeping furniture shall constitute the provisions for sleeping. Similarly, a hotplate, microwave,
toaster oven, or similar cooking appliance shall constitute the provisions for cooking.
“Hotel” means one or more buildings containing six or more guest rooms, with such rooms being
designed, intended to be used, or are used as temporary or overnight accommodations for guests
in which daily services of linen change, central telephone switchboard, towel change, general
cleaning, and a registration lobby staffed on a 24 hour daily basis are provided by the
management. Access to all rooms shall be provided through one or more common entrance(s).
All hotels shall be licensed and inspected by the State of Iowa in accordance with Chapter 137C
of the Code of Iowa.
“Hotel, extended stay” means one or more buildings containing six or more guest rooms with the
provisions necessary for living, sleeping, eating, cooking, and sanitation, with such guest rooms
being designed, intended to be used, or are used as a temporary residence not exceeding six
months, which weekly services of linen change, central telephone switchboard, towel change,
general cleaning, and a registration lobby staffed on a 24 hour daily basis are provided by the
management. Access to all rooms shall be provided through one or more common entrance(s).
All extended stay hotels shall be licensed and inspected by the State of Iowa in accordance with
Chapter 137C of the Code of Iowa.
“Kitchen” means any room or portion of rooms which are occupied or are intended and designed
to be used for cooking and preparation of food, including any room having a sink and provisions
for either a gas or electric stove.
In addition to the above definitions, the following criteria shall be utilized to determine if the
intent of a single family dwelling unit has been met:
A. There shall not be more than one kitchen for each single family zoned property address
with the following exception: additional sinks, wet-bars, or kitchen areas will not be considered
an additional kitchen provided walls, floors, and locking doors, as specified below, do not
separate the dwelling into multiple tenant use.
B. There shall not be more than one electric meter, gas meter, or water meter for each single
family zoned property address.
C. There shall not be any walls or floor/ceiling assemblies in any single family zoned
property address, which separates the one-family dwelling into more than one unit. Determining
factors shall include locked or locking interior doors and separate entrances, which make
portions of the unit inaccessible to all “family” members.
“Motel” means one or more buildings containing six or more guest rooms, with such rooms
being designed, intended to be used, or are used as temporary or overnight accommodations for
guests in which daily services of linen change, central telephone switchboard, towel change,
general cleaning, and a registration lobby staffed on a 24 hour daily basis are provided by the
management. Individual access to each room shall be provided from outside of the building.
Each room may be equipped with cooking facilities. All motels shall be licensed and inspected
by the State of Iowa in accordance with Chapter 137C of the Code of Iowa.
“Rental certificate” means a certificate that is issued by the Community Development
Department after written application if the dwelling unit, at the date of such application, is
entitled thereto. Such a certificate shall thereafter be known as a rental certificate.
“Rental unit” means any house or building or portion thereof which is occupied in whole or part
as a home or residence of one or more tenants, on a rental basis, or when, in return for housing, a
tenant agrees to occupy and maintain the premises and pay utilities. A dwelling unit that intends
to be rented for a period of 90 days or less in a single calendar year or a portion of such dwelling
unit shall be exempt from this chapter.
“Tenant” means: (i) a person occupying a dwelling unit who pays (or has payments made on
their behalf) a stated payment at fixed intervals for the use of the dwelling unit; or (ii) a person
occupying a dwelling unit owned by another individual, who, in return for housing, agrees to
occupy and maintain the premises and pay utilities.
8. Amend 302.4. Weeds, by deleting “jurisdiction to insert height in inches” and inserting
“eight inches on the average.”
9. Amend 304.14. Insect Screens, by inserting “April 15th to October 15th” as applicable dates.
10. Amend 602.3. Heat Supply, by inserting “September 1st to May 30th” as applicable dates.
11. Amend 602.4. Occupiable Work Spaces, by inserting “September 1st to May 30th” as
applicable dates.
12. Amend 603.1 to insert the following language after the sentence:
Existing Corrugated Stainless-Steel Tubing (CSST) shall be bonded to the electrical grounding
system or panelboard in accordance with manufacturers’ specifications, the International Fuel
Gas Code, and the National Electrical Code.
13. Amend 605.2 to insert the following language prior to the last sentence of the paragraph:
Any accessible receptacle required to be provided with ground-fault circuit protection in
accordance with the Current adopted National Electrical Code as amended by the Department of
Inspections, Appeals, and Licensing of the State of Iowa shall be provided with ground-fault
circuit-interrupter protection.
14. Amend 704.1 .1 to insert the following language after the last sentence:
All rental housing shall be provided with fire protection equipment as follows:
A. All changed and operable fire extinguishers must meet the requirements of applicable
safety regulations promulgated by authorized officials of the Stat of Iowa in the Iowa
Administrative Code. Fire extinguishers shall be subjected to required maintenance at
intervals of not more than one year by a trained individual. Fire extinguishers shall be
equipped with a sight gauge indicating pressure and shall be maintained in accordance
with the National Fire Protection Association, Standard 10.
(1)Single-family dwelling. All single-family dwellings shall have a minimum of one
charged and operable 2-A:10-BC rated fire extinguisher located in conspicuous
location(s) where it/they will be readily accessible and immediately available for use.
(2)Two-family/Duplex/Triples. All two-family/duplex/triples dwelling units shall have
a minimum of one charged and operable 2-A:10-BC rated fire extinguisher located in
conspicuous location(s) where it/they will be readily accessible and immediately
available for use: or if the dwelling is served by a common corridor, then a minimum
of one 5 pound 2-A: 10-BC fire extinguisher shall be located in each unit. If the
distance to the exit exceeds 30 feet, then the distinguisher shall be placed at half the
distance between exits so as to not exceed a traveled distance greater than 30 feet to
any extinguisher.
(3)Multi-family (More than three units). All multi-family dwelling units shall have a
minimum of one charged and operable 2-A: 10-BC rated fire extinguisher located in a
conspicuous location(s) where it/they will be readily accessible and immediately
available for use, or it the dwelling unit is served by a common corridor, then a
maximum of one charged and operable 5 pound 2-A: 10 BC fire extinguisher shall be
located at each exit. If the distance between the exits exceeds 30 feet, then an
extinguisher shall be placed at half the distance between the exits so as to not exceed
a traveled distance of greater than 30 feet to any extinguisher.
15. Amend 705.1 to add the following language to the end of the paragraph:
In addition, carbon monoxide alarms and detectors shall be installed in accordance with Code of
Iowa Section 661-Chapter 211.
16. Add 705.3 with the following language:
705.3 Installation Locations. Installation locations shall be in conformance with the International
Building Code, International Fire Code, International Residential Code, Code of Iowa, and at the
location closest to the hazard of an attached garage or fuel-fired appliance.
156.11 RENTAL CERTIFICATE REQUIREMENTS, CONDITIONS, AND FEES.
1. Required Registration. After the effective date† 17 hereof, no person shall rent, lease, let,
operate, or otherwise allow the occupancy of any dwelling unit or any portion of any dwelling
unit (including sleeping rooms) unless they hold a valid rental certificate issued by the
Community Development Department.
2. Issuance. Following submission of a proper registration application, on forms provided by
the Community Development Department, and review of the residential rental unit for
compliance with the provisions of this chapter, the Community Development Department shall
issue a rental certificate to the owner.
3. Rental Certificate Displayed. The owner of a multiple-family dwelling may display a copy of
the rental certificate in a common hallway or each building or in the on-site management office.
The owner of a single-family or duplex dwelling must be able to show a copy of the rental
certificate upon request.
4.1 New Units. New construction projects, which have received a final inspection and have
passed and hold a full certificate of occupancy within the last three years from the adoption date
of this chapter and has all required owner/agent information on file with the City, shall be
considered to be in compliance with rental certificate and fee requirements for a period of three
years from the adoption date.
4.2 Rental units other than a new construction unit shall be inspected once every three years.
5. Expiration. Prior to the expiration date of the rental certificate, the Community Development
Department shall mail a renewal notice to the owner advising of the requirements for renewal of
the rental certificate. Failure of the owner to complete the requirements for renewal will result in
a late payment penalty being applied to the balance owed. If the renewal is not completed within
30 days following expiration of the rental certificate, a notice of violation will be issued to the
property owner.
6. Revocation. Any rental certificate may be summarily revoked by the Board of Appeals upon
the review of a notice of violation of any provision of this chapter. If, at the discretion of the
Building Official, an emergency exists which threatens the immediate health, safety, or general
welfare of the occupant(s) or general public, the Building Official may immediately issue an
order suspending the rental certificate. Upon issuance of the order, the occupant(s) of the unit(s)
shall immediately vacate the premises until the rental certificate is reinstated.
7. Transfer. Rental certificates shall not be transferable to succeeding owners. Rental
certificates shall automatically terminate and become null and void, without further action of the
City, upon transfer of property ownership or upon execution of an agreement to purchase
property on contract.
Every seller of a residential rental property shall give notice to the Community Development
Department within seven days after closing or execution of a contract for sale. This notice shall
include the name and address of the buyer.
Every buyer of a residential rental property, including contract buyer, shall give notice to the
Community Development Department within seven days after closing. This notice shall include
the name and address of the buyer and their agent.
8. Outstanding Issues. If an owner has outstanding fees, fines, or violations on any property
within the City, or if the property has been subject to fire damage or a natural disaster, such as
flooding, until such time as the property is in compliance with this code, the issuance of a rental
certificate may be withheld or suspended by the Community Development Department.
9. If an owner has intent to rent a dwelling unit, the owner shall start the rental registration
application process before listing the dwelling unit as being available for rent to the general
public.
Notes
17 † EDITOR’S NOTE: Chapter 156 was originally adopted as Ordinance No. 2894 on July
16, 2018. The chapter was updated by Ordinance No. 2979 adopted on December 21,
2020.
156.12 COMPLAINT BY TENANT.
Unless there are significant health, safety, or general welfare issues, a tenant must first complain
to the owner or agent. Complaint forms for that purpose will be available from the Community
Development Department.
1. An owner or agent shall have seven days to address the complaint. If the complaint is not
remedied to the tenant’s satisfaction within seven days, the Community Development
Department will schedule an inspection with the tenant and owner. If violations are found, an
inspection fee shall be charged to the owner.
2. No person shall pursue an action for eviction because the occupant has reported a violation of
this chapter to the Community Development Department.
3. No person shall cause any service, facility, equipment, or utility required under this chapter
to be removed, shut off, or discontinued in retaliation for a complaint.
156.13 COLLECTION OF FEES, FINES, PENALTIES, AND COSTS.
All fees, fines, penalties, and costs imposed upon an owner in the enforcement of this chapter
shall be due when notice of the amount of such fees, fines, penalties, and costs is mailed to the
owner.
1. If notice containing the information required by Section 364.17 of the Code of Iowa is given
and the total amount of such fees, fines, penalties, and costs is not paid within 30 days of when
due, or within 10 days of the final action of the Board of Appeals, then:
A. The owner shall be charged a late payment penalty in the amount set forth in the fee
schedule adopted by the City Council from time to time;
B. Interest shall thereafter accrue on the unpaid balance at the rate of 1.5 percent per month;
and,
C. The City may certify the unpaid balance, interest, and late payment penalty to the County
Auditor as a lien upon the rental property for collection in the same manner as a property tax.
156.14 APPEALS.
Any person affected by a decision of the Building Official may request and shall be granted a
hearing on the decision before the Board of Appeals as set forth in Section 106 Means of
Appeals. Such appeal shall be taken within 10 days by filing an application request on the forms
provided by the Community Development Department. Additionally, the application must be
accompanied with the appropriate fee as determined in the fee schedule adopted from time to
time by the City Council. An appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Official certifies to the Board of Appeals after notice of appeal shall
have been filed that by reason of facts stated in the certificate a stay would, in the opinion of the
Building Official, cause imminent peril to life or property. In such case proceedings shall not be
stayed other than by a restraining order which may be granted by the Board of Appeals or by a
court of record on application, on due cause shown.
156.15 VIOLATIONS.
Violations of the provisions of this chapter, or failure to comply with any of its requirements,
shall constitute a municipal infraction as set forth in Section 107.4 Violations Penalties. Each day
that a violation occurs shall constitute a separate offense. In the event that the City seeks court
intervention for a violation of any provision of this chapter, the City may seek reimbursement for
reasonable attorney fees and additional costs. Nothing herein contained shall prevent the City
from taking such other lawful actions as necessary to prevent or remedy violations.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the ___ day of ______, 2026, and approved this ___ day of ______, 2026.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk