Adoption of Supplement Number 2025 S-15 to the City of Dubuque Code of OrdinancesCopyrighted
February 3, 2025
City of Dubuque CONSENT ITEMS # 14.
City Council
ITEM TITLE: Adoption of Supplement Number 2025 S-15 to the City of
Dubuque Code of Ordinances
SUMMARY: City Clerk recommending approval of the resolution adopting
Supplement Number 2025 S-15 as part of the Code of
Ordinances of the City of Dubuque.
RESOLUTION Adopting Supplement No. 2025 S-15 To The
Code Of Ordinances Of The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. Staff Memo
2. Resolution
3. Supplement No. 2025 S-15
Page 257 of 721
Dubuque City Clerk's Office
THE CITY OF �� City Hall
All-Ileerin Cip 50 W. 13t" Street
]DUBV6UE 1'Ij F Dubuque, IA52001-4864
I I (563) 589-4120 office
2007•2012-2013 (563) 589-0890 fax
Masterpiece on the Mississippi 2017*2019 ctyclerk@cityofdubuque.org
www.cityofdubuque.org
TO: Mayor Brad M. Cavanagh and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Adoption of Supplement Number 2025 S-15 to the City of Dubuque Code
of Ordinances
DATE: January 21, 2025
The attached resolution provides for the adoption of Supplement Number 2025 S-15 to
the City of Dubuque Code of Ordinances, which codifies all ordinances through 60-24 as
adopted by the City Council through November 4, 2024.
Section 380.8 of the Iowa Code outlines cities code of ordinance requirements:
380.8 Code of ordinances published
1. a. A city shall compile a code of ordinances containing all the city ordinance in effect,
except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating
streets and alleys, and ordinances containing legal descriptions of urban revitalization
areas and urban renewal areas.
b. A city may maintain a code of ordinances either by compiling at least annually a
supplement to the code of ordinances consisting of all new ordinances and amendments
to ordinances which became effective during the previous year and adopting the
supplement by resolution or by adding at least annually new ordinances and amendments
to ordinances to the code of ordinances itself.
Since August 17, 2009, the city has compiled supplements to the City of Dubuque Code
of Ordinances consisting of all new ordinances and amendments to ordinances and
adopted the supplements by resolution. Supplements are prepared on a quarterly basis
by American Legal Publishing of Cincinnati, Ohio.
I respectfully request City Council approval of the resolution adopting Supplement
Number 2025 S-15 as part of the Code of Ordinances of the City of Dubuque.
Page 258 of 721
Prepared by Adrienne N. Breitfelder, City Clerk 50 W. 13'h St. Dubuque IA 52001 (563) 589-4100
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 36-25
ADOPTING SUPPLEMENT NO. 2025 S-15 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, on August 17, 2009, the City Council, pursuant to Ordinance No. 43-09,
readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements
to the Code of Ordinances consisting of all new ordinances and amendments to
ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by
resolution, become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by American Legal Publishing of
Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2025 S-15 to the City of Dubuque Code of Ordinances,
which codifies all ordinances through 60-24 as passed by the City Council through
November 4, 2024, is hereby adopted, and becomes part of the Code of Ordinances of
the City of Dubuque, Iowa.
Passed, approved, and adopted this 3rd day of February 2025.
BrCavanagh, Mayor
Attest:
��
Adrienne N. Breitfelder, City Clerk
REMOVE OLD PAGES
Cover Page
Preface
Cover Page
DUBUQUE, IOWA
Instruction Sheet
January 2025 - S-15 Supplement
INSERT NEW PAGES
VOLUME I
Cover Page
Preface
VOLUME 11
Cover Page
14-1J-2, Section 304.14.lnsect
Screens, through 14-0-2 Section 702.4.
Emergency escape.., b. (2 Pages)
14-1J-2, Exception, through
14-1J-3 (1 Page)
14-2-3, vided, that a fee is paid.., through
14-2-6, B. (2 Pages)
KED 01/25
14-0-2, Section 304.14. Insect
Screens, through 14-1J-2, Section 702.4.
Emergency escape.., b. (3 Pages)
14-0-2, Exception, through
14-1J-3 (1 Page)
14-2-3, vided, that a fee is paid.., through
14-2-6, B. (2 Pages)
Page 260 of 721
CITY CODE
of
DUBUQUE
I OWA
Code current through:
Ord. 60-24, passed 11-4-2024
Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street � Suite 310 � Cinciimati, Ohio 45202
1-800-445-5588 � www.amlegal.co
Page 261 of 721
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 60-24, passed November 4,
2024. Ordinances of the City adopted after said
ordinance supersede the provisions of this code to
the extent that they are in conflict or inconsistent
therewith. Consult the City office in order to ascertain
whether any particular provision of the code has been
amended, superseded or repealed.
American Legal Publishing
Cincinnati, Ohio
- January 2025
City of Dubuque
Page 262 of 721
CITY CODE
of
DUBUQUE
I OWA
Code current through:
Ord. 60-24, passed 11-4-2024
Published by:
Am ERICAN LEGAL PUBLISHING
525 Vine Street 4- Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 � www.amle a
Page 263 of 721
14-1 J-2 14-1 J-2
Section 304.14. Insect Screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or
housekeeping unit that is rented, leased or let shall be equipped with a lock
designed to be readily openable from the side from which egress is to be made
without the need for keys, special knowledge, or special effort. Such locks shall
be installed according to the manufacturer's specifications and maintained in
good working order.
Section 305.3. Interior Surfaces. Amended to read:
305.3. Interior Surfaces.
A. Interior surfaces, including windows and doors, shall be maintained in
good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or
abraded paint shall be repaired, removed, orcovered. Cracked or loose plaster,
decayed wood, and other defective surface conditions shall be corrected.
B. All residential properties receiving federal assistance must be in
compliance with the Lead Safe Housing Rule at 24 CFR 35 and the
Lead -Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of
federally assisted units must provide certification that the dwelling is in
accordance with said regulations. if the federally assisted unit was constructed
prior to 1978, upon occupancy a notice must be provided which outlines the
lead -based paint regulations, the hazards of lead -based paint poisoning, the
symptoms and treatment of lead poisoning, and the precautions to be taken
against lead poisoning.
C. All residential property must comply with the Residential Lead -Based Paint
Hazard Reduction Act of 1992, requiring the disclosure of known information
on lead -based paint and lead -based paint hazards before the sale or lease of
certain housing built before 1978.
Section 308.2.1. Rubbish Storage Facilities. Amended to add:
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an
agreement, in certain circumstances, with a tenant for maintenance in which
case the tenant will be responsible for compliance with this provision. Upon
request of the city, a landlord must provide a copy of the written agreement.
Responsibility for a violation will default to the property owner if the requested
documentation is not provided within five (5) days of the date of service of the
notice of violation.
January 2025
City of Dubuque
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14-1 J-2 14-1 J-2
Section 309. Pest Elimination. Amended to read:
309.1 Infestation. Structures shall be kept free from the infestation of insects,
rodents, or other pests. Structures in which insects, rodents, or other pests are
found shall be promptly treated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall be taken to
prevent reinfestation.
309.1.1 Owner. The owner of any structure shall be responsible for pest
elimination within the structure prior to renting or leasing the structure.
309.1.2 Occupant. The occupant of any structure shall cooperate with the
reasonable pest elimination efforts of the owner or owner's authorized agent.
309.2 Single occupant. The occupant of a one -family dwelling or of a
single -tenant nonresidential structure shall be responsible for pest elimination
on the premises.
Exception: Where the infestation is caused by defects in the structure the
owner shall be responsible for pest elimination.
309.3 Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house, or a nonresidential
structure shall be responsible for pest elimination. If infestation is caused by
failure of an occupant of a single dwelling unit to prevent such infestation in the
area occupied, the occupant and owner shall be responsible for pest
elimination.
Section 404.4.2. Deleted.
Section 404.4.3. Water Closet Accessibility. Amended to read as follows:
404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have
access to not less than one water closet and lavatory located in the same story as
the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15.
Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15.
Section 602.5. Room Temperature Measurement. Amended to read:
602.5. Room Temperature Measurement. The required room temperatures
shall be measured three (3) feet (914 mm) above the floor, at an interior wall.
January 2025
City of Dubuque
Page 265 of 721
14-1 J-2 14-1 J-2
Section 605.2. Receptacles. Amended to add:
Every habitable space in a dwelling shall contain not less than two separate
and remote receptacle outlets. Every laundry area shall contain not less than
one grounding -type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain not less than one receptacle. All
receptacle outlets within six feet (6') of any water source shall have ground fault
circuit interrupter (GFCI) protection. All receptacle outlets shall have the
appropriate faceplate cover for the location.
Exception: In lieu of every habitable space in a dwelling containing two
separate and remote receptacle outlets, one receptacle and a separate
permanently installed light fixture is allowable.
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape and rescue openings. Basements, habitable attics,
and every sleeping room shall not have less than one operable emergency
escape and rescue opening. Where basements contain one or more sleeping
rooms, an emergency escape and rescue opening shall be required in each
sleeping room. Emergency escape and rescue openings shall open directly
into a public way, or to a yard or court having a minimum width of 36 inches
(914 mm) that opens to a public way. Emergency escape and rescue openings
shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of
this code.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape
and rescue opening will be allowed to remain as long as they meet the
following requirements:
a. Window was permitted as required by the City of Dubuque
b. Window was approved as code compliant as documented by the City of
Dubuque.
January 2025
City of Dubuque
Page 266 of 721
14-1 J-2
14-1 J-3
Exception: The nonremovable, nonreplaceable battery requirements do not
apply to a fire alarm, smoke detector, smoke alarm, or ancillary component that
is electronically connected as a part of a centrally monitored or supervised
alarm system; that uses a low -power, radio frequency wireless communication
signal.
704.6.3.4 Battery -Powered Smoke Alarm Compliance Date. On January 1,
2030 all existing battery -powered smoke alarms must be powered by a
nonremovable, nonreplaceable battery that powers the alarm for at least ten
(10) years.
Appendix A - Do not adopt
Appendix B - Do not adopt
(Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd.
9-3-2019; Ord. 35-20, 9-21-2020; Ord. 17-21,
Ord. 19-22, 5-2-2022; Ord. 25-23, 5-15-2023;
11-4-2024)
14-1 J-3: RENTAL LICENSES:
Ord. 34-17, 7-5-2017; Ord. 45-19,
5-3-2021; Ord. 36-21, 10-18-2021;
Ord. 49-24, 9-3-2024; Ord. 60-24,
A. Rental License Required: No property owner, manager, or licensed real estate
professional may let to anotherfor rent and/or occupancy any dwelling, dwelling
unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as
defined by the Property Maintenance Code and hereinafter cumulatively
referred to as "rental unit' in the City unless such person holds a current rental
January 2025
City of Dubuque
Page 267 of 721
14-2-3
14-2-4
vided, that a fee is paid for each renewal in the same amount as the original
demolition permit fee.
4. Every permit for the use of streets or public property shall expire on the last
day for which the permit was issued, as described on said permit, and shall be
renewed upon the payment of an additional fee to the Building Department, as
established by the City Manager. Failure to renew the permit for the use of
streets or public property shall be considered as due cause for the City
Manager to order all barricades or fences removed and the public property
returned to public availability and use.
I D. Suspension Or Revocation: The City Manager may, in writing, suspend or
revoke a permit issued under the provisions of this chapter whenever the
permit is issued in error, on the basis of incorrect information supplied, failure
to comply with permit conditions, or in violation of any ordinance. (Ord. 21-10,
3-15-2010)
E. Conditions Of Permit: The permit shall outline the conditions under which the
permit was issued and may include, but is not limited to:
1. Storage requirements; permit issuance through day one hundred seventy
nine (179): Storage of construction materials must comply with all City
ordinances.
2. Storage requirements; day one hundred eighty (180) and beyond: The
permit will contain requirements for the storage of construction materials and
maintenance of the site. The conditions will continue upon a renewal/extension
of a building permit until such time as the project is complete. The City
Manager may require additional storage and maintenance requirements upon
the issuance of a renewal and/or extension of a building permit. (Ord. 61-12,
11-19-2012)
14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON
CERTAIN STREETS, AREAS OR FACILITIES:
A. East-West Corridor Study Area: The City Manager may not issue any permit
for any new construction or substantial enlargement, alteration, repair or
remodeling of any structure, building, or sign in the east -west corridor study
area as shown on the map on file in the Office of the City Clerk, but not to
include demolition or emergency repairs without the approval of the City
Council, from the effective date hereof to August 1, 2025, except where a
vested right to the issuance of such permit accrued prior to the effective date
hereof.
B. Off -Premises Sign Study Area: The city manager may not issue any permit for
any new off -premises sign in the corporate limits of the city of Dubuque from
the effective date hereof to March 1, 2026, except where a vested right
January 2025
City of Dubuque
Page 268 of 721
14-2-4
14-2-6
to the issuance of such permit accrued prior accrued prior to the effective date
hereof. (Ord. 37-19, 9-3-2019; amd. Ord. 26-22, 7-18-2022; Ord. 58-24,
10-7-2024)
14-2-5: FEES:
A. Generally: A fee for each moving permit, demolition permit, or permit for the
use of streets or public property shall be paid to the City Manager, as
established by the City Manager.
B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the
demolition of a building or the use of public property for which a permit is
required by this chapter is started priorto obtaining said permit, the fees above
specified shall be doubled, but the payment of such double fee shall not relieve
any person from fully complying with the requirements of this chapter and the
Building Code in the execution of the work nor from other fees or penalties.
(Ord. 21-10, 3-15-2010)
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or
permit for use of public property shall not be transferable from one building or
building site to another building or building site norfrom one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by
the city manager. The mover shall coordinate the route with the utility
companies.
2. A police escort shall be required for all buildings moved from one location
to another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and
vehicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of
a permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and
replacement of natural obstructions or official signs and signals or other public
or private property required to be removed during the movement of a vehicle
and load.
January 2025
City of Dubuque
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