Proposed Ordinance Amendments for Grass/Weed AddendumCity of Dubuque
City Council Meeting
Action Items # 05.
Copyrighted
May 2, 2022
ITEM TITLE: Proposed Ordinance Amendments for Grass/Weed Addendum
SUMMARY: City Manager recommending City Council adopt the proposed Ordinance
amendments for Section 302.4 of Title 14 Chapter 2 to reflect the current
processes and procedures in place.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article J Property
Maintenance Code, Section 14-1 J-2 International Property Maintenance
Code Amendments
Suggested Disposition: Receive and File; Motion B; Motion A
Ordinance Update to Title 14 Chapter 1-MVM Memo
Staff Memo
Type
City Manager Memo
Staff Memo
Ordinance Amending 14-2 Ordinance
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance Amendments for Grass/Weed Addendum
DATE: April 28, 2022
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Housing & Community Development Director Alexis Steger is recommending City
Council adopt the proposed Ordinance amendments for Section 302.4 of Title 14
Chapter 2 to reflect the current processes and procedures in place.
Current Iowa Landlord/Tenant Law allows tenants to accept responsibility for some
maintenance of the property if it is clearly defined in the lease agreement. The change
to the ordinance does not change this law. The city ordinance, as proposed in the
amendment, will allow the landlord to supply the lease agreement to the Code Official to
determine who is responsible for grass/weed maintenance if an issue shall arise. If the
landlord does not provide the lease agreement within 5 days of a notice of violation that
is sent by certified mail, the maintenance responsibility defaults to the landlord.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing and Community Development Director
Dubuque
THE CITY OF
DUB E
Alf -America City
.,
I��I®
Masterpiece on the Mississippi
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: April 27, 2022
RE: Proposed Ordinance Amendments for Grass/Weed Addendum
BACKGROUND
The City of Dubuque adopted Chapter 2 of Title 14 that governs property maintenance
in the City of Dubuque. This ordinance has been reviewed by staff and an amendment
is being proposed.
DISCUSSION
City staff reviews adopted ordinances on a regular basis, evaluating those
ordinances for equity, intended outcomes, efficient practices and use of resources,
and the ability for residents to understand how they may be affected. Title 14
Chapter 2 was up for review, but was also identified by a landlord as containing
information that is outdated and no longer available.
After a review, the following changes are being proposed;
Lease Addendum Provided by the City
The current ordinance states, "City will provide a lease addendum documenting the
agreement for use by landlords" in regards to a lease provision that allows tenants
to be responsible for grass/weed maintenance. The City does not provide legal
documents for landlords to use in their leases with tenants, and therefore this
section is being removed.
Current Iowa Landlord/Tenant Law allows tenants to accept responsibility for some
maintenance of the property if it is clearly defined in the lease agreement. The
change to the ordinance does not change this law. The city ordinance, as proposed
in the amendment, will allow the landlord to supply the lease agreement to the Code
Official to determine who is responsible for grass/weed maintenance if an issue
shall arise. If the landlord does not provide the lease agreement within 5 days of a
notice of violation that is sent by certified mail, the maintenance responsibility
defaults to the landlord.
1
RECOMMENDATION
I respectfully request City Council adopt the proposed Ordinance amendments
for Section 302.4 of Title 14 Chapter 2 to reflect the current processes and
procedures in place.
cc: Crenna Brumwell, City Attorney
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 19-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY
MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be maintained in accordance
with section 6-8-2 of the city of Dubuque code of ordinances.
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease
agreement, in certain circumstances, with a tenant for maintenance in which case
a tenant will be responsible for complying with section 6-8-2 of the city of Dubuque
code of ordinances. Upon request of the city a landlord must provide a copy of the
written lease agreement to the code official, to determine responsibility.
Responsibility for a violation will default to the property owner if requested
documentation is not provided within 5 days of the date of the notice of violation
which will be sent by certified mail.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 2nd day of May, 2022.
BradC�ay-ghagh, Mayor
Attest:
aw,�.t� /,�, &4�&
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be maintained in accordance
with section 6-8-2 of the city of Dubuque code of ordinances.
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease
agreement, in certain circumstances, with a tenant for maintenance in which case
a tenant will be responsible for complying with section 6-8-2 of the city of Dubuque
code of ordinances. Upon request of the city a landlord must provide a copy of the
written lease agreement to the code official, to determine responsibility.
Responsibility for a violation will default to the property owner if requested
documentation is not provided within 5 days of the date of the notice of violation
which will be sent by certified mail.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/06/2022
and for which the charge is 24.82
Subscribed to (fore me, a Notary Pu ]ic in and for
Dubuque County, Iowa,
this 6th day of May, 2022
gmil-A_f< Q��
Notary b c in and for Dubuque tounty, Iowa.
x JANET K. PAPE
+ ' COmmissiom Number 199859
�-.- My Comm. Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 19-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J
PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL
PROPERTY MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1J-2 of the City of Dubuque Code of
Ordinances is amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS
The following additions, deletions, modifications, or
amendments of the International Property Maintenance Code,
2018 edition, adopted in section 14-lJ-1 of this article to
read as follows:
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be
maintained in accordance with section 6-8-2 of the city of
Dubuque code of ordinances.
Exception: Pursuant to Iowa Code *562A.15 a landlord may
enter into a lease agreement, in certain circumstances, with a
tenant for maintenance in which case a tenant will be
responsible for complying with section 6-8-2 of the city of
Dubuque code of ordinances. Upon request of the city a
landlord must provide a copy of the written lease agreement to
the code official, to determine responsibility.
Responsibility for a violation will default to the property
owner if requested documentation is not provided within 5 days
of the date of the notice of violation which will be sent by
certified mail.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 2nd day of May, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 6th day of May, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It 5/6