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3000 Jackson, Dubuque Brewing and Malting Building UpdateCity of Dubuque City Council Meeting Action Items # 02. Copyrighted July 15, 2024 ITEM TITLE: 3000 Jackson, Dubuque Brewing and Malting Building Update SUMMARY: City Manager providing a status report on the Dubuque Brewing and Malting Building project at 3000 Jackson Street and recommending that the city improve safety at the site and move to open up 30th Street and assess the developer for the costs. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Resolution Approving Abatement Current State of the Site - Photo W HKS - Engineers Condition Update Final Email to Steve Emerson - Owner Notice of Demo Requirements 6-6-24 Notice of Demo Requirements 5-6-24 Order for Corrective Action Notice and Order for Repair or Demolition Certified Letter Confirmation Municipal Infractions Through July 9 Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation 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: 3000 Jackson, Dubuque Brewing and Malting Building Update DATE: July 11, 2024 Dubuque All -America City IN 2007.2012.2013 2017*2019 Housing and Community Development Director Alexis Steger is providing a status report on the Dubuque Brewing and Malting Building project at 3000 Jackson Street and recommending that the city improve safety at the site and move to open up 30th Street and assess the developer for the costs. The demolition of 3000 Jackson was required due to structural issues that posed a significant risk to public safety. The City of Dubuque served the owner notice to remove the structure and work commenced at the end of April. At the end of May the City served the owner of 3000 Jackson Street a Stop Work Order for the demolition activities. This stop work order was in effect until clearance of hazardous materials was received by city staff. This clearance was provided on June 6t" and an order to resume demolition activities was sent to the owner on June 7' which outlines the demolition activities identified in the WHKS memo must be completed by June 21, 2024. Additionally, the city required the following items that are not identified in the WHKS memo. Removal and Relocation of Debris and Salvage Material: Revised June 6, 2024 By June 21, 2024, all debris and salvage material must be moved to a stable interior portion of the site for processing. This includes any debris or material currently located between the street and the exterior wall of the building. The material can be stockpiled at the interior of the site for ongoing processing provided that workers can safely access the material. Site Security: Once debris and salvage material has been relocated, the site must be re -secured with a chain link fence to prevent unauthorized public access to the site. Once the immediate work outlined above has been completed, any remaining debris and materials on site must be cleared by August 31, 2024." The owner has not complied with the deadlines detailed above. Recent information provided by the owner, that a check was "in the mail" to the contractor so they could resume work, was false. On July 11 th, Steve Emerson was sent an email informing him that the city would be taking further action to abate the risk to public safety since he has not complied with the Code Official Orders to abate the risk. Recent findings from WHKS identify the remaining threats to public safety. The bridge elements have been removed, but all other areas of concern remain. The City of Dubuque can abate the threats to public safety and remove the dangerous building elements per Iowa Code §364.12. City Staff is recommending only the partial abatement of the dangerous building based on the cost the City must incur, prior to being able to assess those costs to the property. City Staff recommends removal of the elements described in the report provided by WHKS, removal of the debris located on 30th Street, and re-establishment of the fence around the demolition area on the property. This will alleviate the most severe risks to public safety and open all public streets. The Housing and Community Development Department would execute a contract with Zinser Construction company for the work described above. The demolition permit and site control remain with Zinser Construction, therefore the liability for the site continues with Zinser Construction until all elements are stable. The cost provided by Zinser Construction for this abatement work is extremely reasonable, at an estimate of $75,000. The Housing and Community Development budget for FY 25 has a demolition budget of $42,500. Additional funds are available from FY 24 State Monies and Credits Revenue that can carry into FY 25 for the remainder of the required funds for this project. The final cost of this abatement will be invoiced to the property owner, and then if unpaid, will be assessed to the property in the same manner as property taxes. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Director Jill Connors, Economic Development Director Wally Wernimont, City Planner Michael Belmont, Assistant Housing & Community Development Director 2 Masterpiece on the Mississippi Dubuque All-Amerise CRY 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager Housing & Community Development Department 350 W 61h Street, Suite312 Dubuque, Iowa 52001-4763 Office (563) 589-4230 http://www.cityofdubuque.org FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: 3000 Jackson, Dubuque Brewing and Malting Building Update DATE: July 11, 2024 INTRODUCTION This memorandum provides a status update on the Dubuque Brewing and Malting project at 3000 Jackson Street and requests approval to abate the remaining threats to public safety caused by the remaining buildings. BACKGROUND The demolition of 3000 Jackson was required due to structural issues that posed a significant risk to public safety. The City of Dubuque served the owner notice to remove the structure and work commenced at the end of April. DISCUSSION At the end of May the City served the owner of 3000 Jackson Street a Stop Work Order for the demolition activities. This stop work order was in effect until clearance of hazardous materials was received by city staff. This clearance was provided on June 6th, and an order to resume demolition activities was sent to the owner on June 7th which outlines the following: "The following demolition activities, as identified in the WHKS memo, must be completed by June 21, 2024: 1. Decoupling Structures: - Scope revised June 6, 2024 The bridge and structural elements connecting 3000 Jackson Street with 3040 Jackson Street have been decoupled and deconstructed to prevent potential damage to the 3040 Jackson Street building. Per the May 20th email sent to you and demolition contractor David Zinser, additional evaluation of the 3040 Jackson building where the bridge was connected must be done to determine the extent of stabilization required. Provide a plan for stabilization of the remaining floors, walls and displaced lintel. 2. Demolition of Southeast Wall Section; The deteriorated portions of the southeast wall must be demolished to a level that permits the safe reopening of E 30th Street. Demolition shall continue until the remaining wall sections are stable, generally plumb, and securely connected to the interior floor structures. The demolition limits shall be agreed upon by the City, the contractor, and a structural engineer during the process. 3. Southwest Interior Wall Demolition: The heavily deteriorated southwest interior wall of the east wing shall be demolished as planned, with the stability of the adjacent floor structures evaluated at each level. Additionally, the city requires the following items that are not identified in the WHKS memo: • Removal and Relocation of Debris and Salvage Material: Revised June 6, 2024 By June 21, 2024, all debris and salvage material must be moved to a stable interior portion of the site for processing. This includes any debris or material currently located between the street and the exterior wall of the building. The material can be stockpiled at the interior of the site for ongoing processing provided that workers can safely access the material. • Site Security: Once debris and salvage material has been relocated, the site must be re - secured with a chain link fence to prevent unauthorized public access to the site. • Stone Arches: The stone arches along Jackson Street can remain in situ, provided they are adequately supported. Once the debris around these walls has been removed, the wall will be assessed for stability. Once the immediate work outlined above has been completed, any remaining debris and materials on site must be cleared by August 31, 2024." The owner has not complied with the deadlines detailed above. Recent information provided by the owner, that a check was "in the mail" to the contractor so they could resume work, was false. On July 11t", Steve Emerson was sent an email informing him that the city would be taking further action to abate the risk to public safety since he has not complied with the Code Official Orders to abate the risk. Attached are the most recent findings from WHKS that identify the remaining threats to public safety. The bridge elements have been removed, but all other areas of concern remain. The City of Dubuque can abate the threats to public safety and remove the dangerous building elements per Iowa Code §364.12. City Staff is recommending only the partial abatement of the dangerous building based on the cost the City must incur, prior to being able to assess those costs to the property. City Staff recommends removal of the elements described in the report provided by WHKS, removal of the debris located on 30th Street, and re-establishment of the fence around the demolition area on the property. This will alleviate the most severe risks to public safety and open all public streets. The Housing and Community Development Department would execute a contract with Zinser Construction company for the work described above. The demolition permit and site control remain with Zinser Construction, therefore the liability for the site continues with Zinser Construction until all elements are stable. The cost provided by Zinser Construction for this abatement work is extremely reasonable, at an estimate of $75,000. BUDGET The Housing and Community Development budget for FY 25 has a demolition budget of $42,500. Additional funds are available from FY 24 State Monies and Credits Revenue that can carry into FY 25 for the remainder of the required funds for this project. The final cost of this abatement will be invoiced to the property owner, and then if unpaid, will be assessed to the property in the same manner as property taxes. RECOMMENDATION I respectfully request City Council approve the utilization of available city budget to remediate the most severe risks to public safety at 3000 Jackson Street, clear 30th Street and re-establish the fence surrounding the demolition area. The cost incurred by the City will be invoiced to the property owner, and subsequently assess to the property if unpaid. CC: Jill Connors; Economic Development Director Wally Wernimont, City Planner Michael Belmont, Asst. Housing & Comm Development Director Crenna Brumwell, City Attorney Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6` St., Suite 312, (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. - 24 APPROVING THE ABATEMENT OF SIGNIFICANT RISKS TO PUBLIC SAFETY AND ADDRESSING THE ONGOING ROAD CLOSURES CREATED BY THE UNFINISHED AND NONCOMPLIANT DEMOLITION AND CLEANUP OF STRUCTURES AT 3000 JACKSON STREET WHEREAS, Lot 1 and Lot 2 of Dinosaur Place, and Lot 2 of Lot 1 of Liebe's Subdivision No. 3, locally known as 3000 Jackson Street are in the City of Dubuque; and, WHEREAS, the structure at 3000 Jackson Street was continually deteriorating since an initial collapse of the structure in 2015; and WHEREAS, the structure at 3000 Jackson Street was deemed a significant risk to the public due to imminent threat of collapse in August 2023; and, WHEREAS, the City of Dubuque Code Official pursuant to Iowa Code §364.12, served the agent/owner, Steve Emerson of 3000 Jackson LLC with a Notice and Order for building repair of demolition through certified mail which provided compliance deadlines; and, WHEREAS, the City of Dubuque hired an Engineering firm, WHKS, to monitor the buildings threat to public safety; and, WHEREAS, WHKS provided a report of the current state of the building that still indicates areas that pose a significant threat to public safety and cause the continued closure of public streets; and, WHEREAS, the owner of 3000 Jackson Street has missed the deadlines set for demolition and clean-up by the Code Official; and, WHEREAS, Iowa Code §364.12 authorizes the City after a missed compliance deadline to perform the required action and assess the costs against the property in the same manner as a property tax; and WHEREAS, for the safety of the public, the Housing & Community Development Department is recommending the abatement of significant risks to public safety by the City of Dubuque, with the costs thereof to be assessed to the property owner. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council hereby directs the City Manager or his designee to abate the most significant hazards to public safety caused by 3000 Jackson Street and clear all remaining hazards/rubble from 30t" Street. Passed, approved and adopted this 15th day of July, 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk `V ;r y - , r 00 A ,�.-y.... •.,. ~. jMa,a.••4- i If v •d�alI. "a , ti i 801 Bluff Street, Suite 2C Dubuque,lA 52001 Phone: 563.239.9400 May 6, 2024 Mike Belmont Assistant Housing Director City of Dubuque 350 W. 6th St. Suite #312 Dubuque, IA 52001 RE: Dubuque 3000 Jackson St Building Demolition — Condition Update Project Update Dear Mr. Belmont: whks engineers + planners + land surveyors As you know, demolition of the building at 3000 Jackson is underway and the City has asked WHKS to provide an opinion on the condition of remaining building elements and assist in determining demolition limits necessary to permit reopening adjacent streets. The demolition contractor is actively working onsite and conditions are changing daily. Based on site visits through May 2nd, 2024, as well as conversations with City staff and the demolition contractor, at this time WHKS recommends at a minimum that the following items be addressed. Connections to building at 3040 Jackson Street There is an existing bridge connecting the properties at 3000 and 3040 Jackson Street (see Figure 1). To our knowledge, no demolition is planned for the building at 3040 Jackson Street. As of May 2n1, demolition activities have ceased near the structural elements supporting the bridge on the 3000 Jackson Street side (see Figure 2). In our opinion, the condition of these supporting elements warrants demolition and there is concern that collapse of these supporting elements on the 3000 Jackson Street side could damage the integrity of the supporting wall at 3040 Jackson Street. WHKS recommends that the two structures be completely separated with means and methods that prevent unintended damage to the supporting wall of the 3040 Jackson Street building. Figure 1 - Bridge Connection 9290.16 Mike Belmont May 6, 2024 Page 2 of 5 Connecting Bridge Steleams3000 3000 JackOson St. ? ;I Figure 2 - Bridge Connection Mike Belmont May 6, 2024 Page 3 of 5 Southeast Wall Section 2 Portions of southeast wall section 2 (as labelled in our previous condition letter) have been removed (see Figure 3). Visible leaning and cracking is observed in the remaining upper portion of the wall. WHKS recommends continuing demolition of the brick wall down to a level that permits E 30th Street to reopen safely. WHKS recommends that, at a minimum, the Contractor continue to remove upper portions of the wall to a level where remaining wall sections are stable, generally plumb, have positive connections to interior floor diaphragms. Figure 3 - Southeast Wall Section 2 Mike Belmont May 6, 2024 Page 4 of 5 East Wing — Southwest Interior Wall As noted in previous letters, the southwest wall of the east wing is heavily deteriorated and missing significant sections of bricks and mortar (see Figure 4). It is our understanding that demolition work is planned for the wall section and adjacent concrete and steel frame. This wall is a load bearing wall supporting floor beams and slabs on both sides of it. WHKS recommends that demolition proceed as planned while evaluating wall stability at each level as demolition progresses. k Figure 4 - Southwest Interior Wall Mike Belmont May 6, 2024 Page 5 of 5 Summary and Recommendations It is our opinion that the areas identified above should be deconstructed or clearly addressed by the Owner's Engineer prior to reopening adjacent streets. According to the City of Dubuque, the Owner of the building at 3000 Jackson Street plans to demolish the structure down to ground level. WHKS expects that certain demolition activities can be contained onsite without endangering public safety which would permit reopening of adjacent streets prior to completion of full demolition. WHKS recommends that any portion of the structure with a height greater than 2/3 of the distance to the nearest barricade be addressed by the Owner and the Owner's Structural Engineer at this time. Should the Contractor leave the site prior to full demolition, any remaining building elements need to be structurally stable as determined by a structural engineer or have adequate protection to contain any collapse without affecting the public right-of-way. Since demolition activities are ongoing and conditions are changing, incremental evaluation is expected. This letter is based upon limited visual inspections, observations, and engineering judgment and there is no claim, either stated or implied, that the recommendations indicated herein define demolition limits needed for structural adequacy or ceasing demolition. Please do not hesitate to contact us with any additional questions or concerns you may have. Sincerely, WHKS & co. Mike Shimkus, P.E. S.E. Office Manager M RS cc DT, CH Alexis Steger From: Sent: To: Cc: Subject: Attachments: Importance: Mr. Emerson, Alexis Steger Thursday, July 11, 2024 11:29 AM Steve Emerson Michael Belmont; Crenna Brumwell Intent to Abate 3000 Jackson Hazards 3000 Jackson - Notice and Order (6-15-23).pdf, 3000 Jackson - Notice of Demo Requirements (6-6-24).pdf High The time in which you had to respond and remediate structural instabilities that are a significant risk to the public at 3000 Jackson Street in Dubuque, Iowa, has lapsed. Deadlines set have expired. The recent information provided to the Code Official that a check was in the mail to pay the contractor was false information, and allowed the risk to public safety to remain longer than is responsible. The City of Dubuque will abate the ongoing structural issues, clear 30t" Street of your building's rubble, and re- establish the fence around the property in the interest of public safety. This will be assessed to the property, in the same manner as property taxes, unless you pay the forthcoming invoice for this work prior to the assessment date per the Notice and Order of Demolition/Repair attached. The notice and order attached remains in effect for what will remain of the structure on 3000 Jackson Street after the abatement work completed by the City of Dubuque. You are required to clear the site by August 31', 2024, or the City will pursue other legal avenues for remedy. If you have any questions, please direct them to all persons copied in this email: Cc: Mike Belmont, Code Official Crenna Brumwell, City Attorney Alexis Steger, Housing and Community Development Director Alexis M. Steger Housing & Comm Development Director City of Dubuque 563.589.4230 THE CY OF DITuB E Masterpiece on the Mississippi June 6, 2024 3000 Jackson, LC C/O Steve Emerson 221 2nd Ave SE Cedar Rapids, IA 52401 Dubuque Inspection & Construction Services 350 W. 6t" St., Suite 312 rul-Ama7a Dubuque, IA52001-4845 \ile0i .ns 1 I I I Office: (563) 589-4150 Fax: (563) 589-4244 2007,2012-2013 TTY: (563) 690-6678 2017*2019 Building@CityofDubuque.org RE: Demolition Requirements for 3000 Jackson Street Property Mr. Emerson, On May 6t", a letter conveying a memo from WHKS was sent that outlined additional demolition requirements. On May 21, 2024, a stop work order was issued awaiting final site clearance documentation. Today, June 6t", we received the clearance letter from the abatement contractor and have lifted the stop work order. Understanding that work could not continue with a stop work order in place, the intent of this correspondence is to convey a revised deadline for completion of the remaining work. Additionally, because of the work that had been completed prior to the stop work order, the scope of the City's requirements for continued cleanup and demolition has been adjusted as noted below. The intent is to safely reopen 30t" street and ensure a safe site for salvage activities. The following demolition activities, as identified in the WHKS memo, must be completed by June 21, 2024: 1. Decoupling Structures: -Scope revised June 6, 2024 The bridge and structural elements connecting 3000 Jackson Street with 3040 Jackson Street have been decoupled and deconstructed to prevent potential damage to the 3040 Jackson Street building. Per the May 201h email sent to you and demolition contractor David Zinser, additional evaluation of the 3040 Jackson building where the bridge was connected must be done to determine the extent of stabilization required. Provide a plan for stabilization of the remaining floors, walls and displaced lintel. 2. Demolition of Southeast Wall Section: The deteriorated portions of the southeast wall must be demolished to a level that permits the safe reopening of E 30th Street. Demolition shall continue until the remaining wall sections are stable, generally plumb, and securely connected to the interior floor structures. The demolition limits shall be agreed upon by the City, the contractor, and a structural engineer during the process. 3. Southwest Interior Wall Demolition: The heavily deteriorated southwest interior wall of the east wing shall be demolished as planned, with the stability of the adjacent floor structures evaluated at each level. Dubuque Inspection & Construction Services THE CITY OF 350 W. 6th St., Suite 312 E rul�a7a Dubuque, IA52001-4845 I I I I I � Office: (563) 589-4150 Fax: (563) 589-4244 2007,2012.2013 TTY: (563) 690-6678 Masterpiece on the Mississippi 2017*2019 Building@CityofDubuque.org Additionally, the city requires the following items that are not identified in the WHKS memo: • Removal and Relocation of Debris and Salvage Material: Revised June 6, 2024 By June 21, 2024, all debris and salvage material must be moved to a stable interior portion of the site for processing. This includes any debris or material currently located between the street and the exterior wall of the building. The material can be stockpiled at the interior of the site for ongoing processing provided that workers can safely access the material. • Site Security: Once debris and salvage material has been relocated, the site must be re -secured with a chain Link fence to prevent unauthorized public access to the site. • Stone Arches: The stone arches along Jackson Street can remain in situ, provided they are adequately supported. Once the debris around these walls has been removed, the wall will be assessed for stability. Once the immediate work outlined above has been completed, any remaining debris and materials on site must be cleared by August 31, 2024 We appreciate your prompt attention to this matter. The safety of the public and the reopening of adjacent streets is our top priorities. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Michael Belmont, Code Official Assistant Housing Director THE CY OF DITuB E Masterpiece on the Mississippi May 6, 2024 3000 Jackson, LC C/O Steve Emerson 221 2nd Ave SE Cedar Rapids, IA 52401 Dubuque Inspection & Construction Services 350 W. 6th St., Suite 312 rul-Ama7a Dubuque, IA52001-4845 \ile0i .ns 1 I I I Office: (563) 589-4150 Fax: (563) 589-4244 2007,2012-2013 TTY: (563) 690-6678 2017*2019 Building@CityofDubuque.org RE: Demolition Requirements for 3000 Jackson Street Property Mr. Emerson, The intent of this letter is to convey WHKS's memo and comments (attached), and to outline the City's requirements for continued cleanup and demolition to safely reopen the streets adjacent to the demolition site. The following demolition activities, as identified in the WHKS memo, must be completed by May 13, 2024: 1. Decoupling Structures: The bridge and structural elements connecting 3000 Jackson Street with 3040 Jackson Street must be safely decoupled and deconstructed to prevent potential damage to the 3040 Jackson Street building. Care should be taken to avoid any uncontrolled collapse during this process. 2. Demolition of Southeast Wall Section: The deteriorated portions of the southeast wall must be demolished to a level that permits the safe reopening of E 30th Street. Demolition shall continue until the remaining wall sections are stable, generally plumb, and securely connected to the interior floor structures. The demolition limits shall be agreed upon by the City, the contractor, and a structural engineer during the process. 3. Southwest Interior Wall Demolition: The heavily deteriorated southwest interior wall of the east wing shall be demolished as planned, with the stability of the adjacent floor structures evaluated at each level. Additionally, the city requires the following items that are not identified in the WHKS memo: • Removal and Relocation of Debris and Salvage Material: By May 13, 2024, all debris and salvage material must be moved to an interior portion of the site for processing. This includes any debris or material currently located between the street and the exterior wall of the building. The material can be stockpiled at the interior of the site for ongoing processing. Dubuque THE CITY OF DUB E All-Aaftl C* ry Masterpiece on the Mississippi 2007*2012*2013 2017*2019 • Site Security: Inspection & Construction Services 350 W. 6th St., Suite 312 Dubuque, IA 52001-4845 Office: (563) 589-4150 Fax: (563) 589-4244 TTY: (563) 690-6678 Building@CityofDubuque.org Once debris and salvage material is relocated, the site must be re -secured with a chain link fence to prevent unauthorized public access to the site. • Stone Arches: The stone arches along Jackson Street can remain in situ, provided they are adequately supported. Once the debris around these walls has been removed, the wall will be assessed for stability. Once the immediate work outlined above has been completed, any remaining debris and materials on site must be cleared by July 31, 2024 We appreciate your prompt attention to this matter. The safety of the public and the reopening of adjacent streets is our top priorities. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Michael Belmont, Code Official Assistant Housing Director THE CY OF DITuB E Masterpiece on the Mississippi 3000 Jackson, LC C/O Steve Emerson 221 2nd Ave SE Cedar Rapids, IA 52401 Dubuque All-AneMa CVj 2007*2012.2013 2017*2019 Subject: Immediate Action Required - Structural Assessment Findings Mr. Emerson, Inspection & Construction Services 350 W. 611 St., Suite 312 Dubuque, IA 52001-4845 Office: (563) 589-4150 Fax: (563) 589-4244 TTY: (563) 690-6678 Building@CityofDubugue.org I am writing to provide you with a crucial update resulting from an ongoing structural condition assessment of the Dubuque Brewing and Malting Building at 3000 Jackson street as ordered by the City in the interest of public safety. The assessment, performed by WHKS & Co, has uncovered areas of critical concern that demand swift and decisive action. The ten areas of concern identified in the attached structural assessment report update letter require immediate corrective action. Within 14 days from the date of this letter, provide to our office a detailed plan to address each of the areas of concern. Within 30 Days from the date of this letter, procure permits for work required to address each of the areas of concern. Within 60 Days from the date of this letter, complete corrective actions for each of the areas of concern. Your immediate attention to this matter is required. A failure in this building would be catastrophic and could endanger life, limb, and property. We anticipate a prompt resolution to address these critical concerns. Failure to adhere to the deadlines in this letter or to otherwise take prompt corrective action will result in legal action from the City. Should any questions arise, do not hesitate to reach out to contact me at MBelmont@CityofDubuque.org Sincerely, Michael Belmont, Building Official THE CITY OF DU B�E-3&-FE, Masterpiece on the Mississippi June 6th, 2023 Dubuque Inspections & Construction Services All-Metin CRY 350 West 6th Street — Suite 312 -a cnx; i sr i x j I r Dubuque, Iowa 52001 Office: 563-589-4150 2007•2012•20i3 Fax: 563-690-6687 2017*2019 building@cityofdubugue.org www.ctiyofdubuque.org Notice and Order to Vacate and Demolish or Repair structure at 3000 Jackson Street, Dubuque IA 52001, with a legal description: Lot 1 and Lot 2 of Dinosaur Place, and Lot 2 of Lot 1 of Liebe's Subdivision No. 3 The building official has found the building/structure intended as a commercial building on the above - mentioned lot to be dangerous based on the following conditions: • a portion of the building has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. • a portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. • A portion of the building has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of similar new construction. • The building or structure, or any portion thereof, because of, 1) dilapidation, deterioration or decay; 2) faulty construction; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other cause, is likely to partially or completely collapse. The building must remain vacated and continuously secured from unauthorized entry. All windows must be properly boarded by June 1511, 2023. Any loose appurtenances or pediments which may become dislodged must be removed or secured. A structural assessment on the southwest building, south facing wall is required. The building shall be demolished or repaired. All permits must be secured for demolition or repair within sixty (60) days from the date of this order. Demolition must be completed within ninety (180) days from the date of this order. City of Dubuque Housing & Community Development Department 1 350 W. 6`" St, Suite 312 1 Dubuque, IA 52001 563.589.4150 If required permits and demolition or repair work is not completed within the timeframes noted, the building official may proceed to cause the work to be done and charge the costs thereof against the property or its owner. This work has been deemed necessary on an emergency basis, and therefore an appeal of these orders will not stay work deadlines or alter the timelines required herein. Michael Belmont, Building Official City of Dubuque Housing & Community Development Department 1 350 W. 61h St, Suite 312 1 Dubuque, IA 52001 563.589.4150 Postal CZ `3 CERTIFIED MAIV RECEIPT ■ c Domestic ■ P CO S ■A'n DI � CertifiedMail Fee 1. Ai p flJ es&Fees (check boz add lee as eppropderel t3ceipt lhardcopy) $ Postmarkcelpt(edc[mnlc) HBreMail Restricted cahvery ffid r^❑ ugnature Required $ j 11 ru ❑AduN Signature Restricted cellvery$Lri Postage C3 $ 0 sa Tot Postage and Fees $ _ Sen To OO � c — No%�q 1 C[3 gtffTt d Apt. or �D �B.,o,X{ � 2. Ar LT` �'lryy tate'17 P. C)I- 13 !A PS Form 3811, duly 2020 PSN 7530-02-000-0053 ru D.�mestic Mail Only tD rM CertiFed Mail Fee Extra Services & F60s (checkbex, add fee as appr0Pdate) rq ❑ Return Receipt (hardeopy) $ © ❑ Return Receipt (electronic) $ r3 0 Certified Mail Restricted cellvery $ C3 ❑ Adult Signature Required $ I7 Adult Signature Restricted cellvery $ Postage a ru Total Postage and Fees ru $ ant To ru C Street and Apt. No., ox No. ❑ Agent ❑ Addressee 'Name) C. Yelivery ferent from item 1? ❑ Yes address below: ❑ No ❑ Priority Mall Express® ❑ Registered MailTM Avery ❑ Registered Mail Restricted Delivery fery ❑ Signature Confirmation"" Cl Signature Confirmation I Delivery Restricted Delivery Pry domestic Return Receipt ❑ Agent Addressee rrn a e pate of Delivery cress different from item 1? ❑ Yes delivery address below: ❑ No Postmark Here a8, ❑ Priority Mall Express® tricted Delivery ❑ Registered MaiiTM ❑ Registered Mail Restricted ------------------ Delivery cted Delivery ID Signature ConfirmationTM ..-_..-------------------- ❑ Signature Confirmation Q 3estrlcted Delivery Restricted Delivery Led Delivery PS Form 3811, July 2020 PSN 7530-02-000-9653 Domestic Return Receipt I PS Form 3811, July 2020 PSN 7530-02-000-9053 © Agent 0 Addressee aeJ C. Date of Delivery &_�_z3 ftfrom item l? ❑ Yes Tress beiow: El No ❑ Priority Mail Express@ ❑ Registered Maillm Y ❑ Registered Mail Rostrcted Delivery ❑ Signature Conflrmation'rM ❑ Si9nature Confirmation [very Restricted Delivery Domestic Return Receipt IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. I Defendant:3000 JaCkson LC I Address:221 2nd Ave SE STE 400 CITATION/MUNICIPAL INFRACTION City, State, zIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 06 / 26 / 2024 at 4:00 ❑ A.M. A P.M. Month Day Year Location of Violation(s): 3000 Jackson St Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8:A Compliance With Order Required: After any order of the building official or a decision of the building code and advisoryappeals board made pursuant to this chapter shall have become final, no person to whom any such order Is directed shall fail, neglect, or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 61h, 2023 (attached). Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order Issued by Michael Belmont and dated June 6th, 2023. Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $85.00 court costs A $1,000.00 fine plus $85.00 court costs ❑ Other: $ fine plus $85.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 07 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Digitally signed by Shane Hoeper Name: Date: 2024.06.26 16:10:56 -OS'00' Date: Title: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, Immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant:3000 Jackson LC I Address:221 2nd Ave SE STE 400 City, State, zIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 06 / 28 / 2024 at 10:00 it A.M. ❑ P.M. Month Day Year Location of Violation(s): 3000 Jackson St , Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8:A Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th, 2023 (attached). Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th, 2023. Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $85.00 court costs a $1,000.00 fine plus $85.00 court costs ❑ Other: $ fine plus $85.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 07 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant:3000 Jackson LC I Address:221 2nd Ave SE STE 400 City, State, zIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 07 / 01 / 2024 at 10:00 it A.M. ❑ P.M. Month Day Year Location of Violation(s): 3000 Jackson St , Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8:A Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th, 2023 (attached). Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th, 2023. Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $85.00 court costs a $1,000.00 fine plus $85.00 court costs ❑ Other: $ fine plus $85.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 07 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant: 3000 Jackson LC Address: 221 2nd Ave SE, STE 400 City, State, ZIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 07 / 02 / 2024 at 5:00 ❑ A.M. it P.M. Month Day Year Location of Violation(s): 3000 Jackson Street Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8: ENFORCEMENT OF ORDER OF BUILDING OFFICIAL OR BUILDING CODE AND APPEALS BOARD: A. Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th 2023 (attached) Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete Demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th 2023 Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $95.00 court costs A $1,000.00 fine plus $95.00 court costs ❑ Other: $ fine plus $95.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 7 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant: 3000 Jackson LC Address: 221 2nd Ave SE, STE 400 City, State, ZIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 07 / 03 / 2024 at 1:30 ❑ A. M . it P. M . Month Day Year Location of Violation(s): 3000 Jackson Street Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8: ENFORCEMENT OF ORDER OF BUILDING OFFICIAL OR BUILDING CODE AND APPEALS BOARD: A. Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th 2023 (attached) Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete Demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th 2023 Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $95.00 court costs A $1,000.00 fine plus $95.00 court costs ❑ Other: $ fine plus $95.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 7 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant:3000 Jackson LC I Address:221 2nd Ave SE STE 400 City, State, zIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 07 / 08 / 2024 at 10:00 it A.M. ❑ P.M. Month Day Year Location of Violation(s): 3000 Jackson St , Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8:A Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th, 2023 (attached). Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th, 2023. Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $85.00 court costs a $1,000.00 fine plus $85.00 court costs ❑ Other: $ fine plus $85.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 07 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff) vs. Defendant:3000 Jackson LC I Address:221 2nd Ave SE STE 400 City, State, zIP: Cedar Rapids, IA 52401 Birth Date: DL#/TID/FEIN: CITATION/MUNICIPAL INFRACTION The undersigned states Defendant did violate Dubuque Code of Ordinances on or about: 07 / 09 / 2024 at 10:00 it A.M. ❑ P.M. Month Day Year Location of Violation(s): 3000 Jackson St , Dubuque, Iowa Defendant herein did violate 14-3-8 the Dubuque Code of Ordinances as follows: 14-3-8:A Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Demolition has not been completed as required by the order issued by Michael Belmont and dated June 6th, 2023 (attached). Plaintiff is requesting Defendant be forthwith directed to correct/abate the violation by: Complete demolition, allow access to the area for inspection and reimburse all expenses incurred by the City of Dubuque due to the failure to comply with the order issued by Michael Belmont and dated June 6th, 2023. Plaintiff is also requesting Defendant be forthwith directed to pay the civil penalty and court costs of: ❑ $750.00 fine plus $85.00 court costs a $1,000.00 fine plus $85.00 court costs ❑ Other: $ fine plus $85.00 court costs TO ANSWER THE ABOVE CHARGE, DEFENDANT MUST APPEAR AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON 08 / 07 / 2024 at 11:00 A.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST DEFENDANT. The undersigned attests that the matters herein are true and correct. Name Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 833-3332. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is 720 Central Avenue, Dubuque, Iowa 52001