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Supplement No. 22 - Code of Ordinances - July, 2016STERLING CODIFTERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 INSTRUCTIONSHEET: REMOVE PAGE HEADED Preface DUBUQUE; Iowa' Supplement No. 22/July, 2016 Includes Ordinances: 2-16 through 5-16, 8-16, 11-16, 12=16, 17`16 and 18-16 VOLUME I' TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following two pages TITLE 3: 3-2-1, Chapter 2,Revitalization Areas 3-2-9, B. The Cathedral urban revitalization TITLE 6: Title 6, Health, Housing, Sanitation And 6-6-1, Chapter 6, Housing Regulations and following twenty two page s TITLE 7: 7-5A7, b. Has a gang affiliation; or 7-5A-10, signal purposes, or by recognized and following page VOLUME II TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and .following two pages TITLE 13: 13-1 C 1, Chapter 1 Article C.. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13 6A 4, D:.EarlyPlacement: All solid waste.. • and following three pages INSERT NEW PAGE HEADED Preface Table Of Contents, Title 1, Administration and following two pages 3-2-1, Chapter 2, Revitalization Areas and °following page 3-2-9, B. The Cathedral urban revitalization Title 6, Health, Housing, Sanitation And 6-6, Chapter 6, Housing Regulations 7-5A-7, b. Has a gang affiliation; or 7-5A-10, signal purposes, or by recognized and following two pages Table Of Contents, Title 1, Administration and following two pages 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-6A-4, D. Early Placement: All solid' waste and following three pages REMOVE, PAGE HEADED TITLE 14: Title 14, Building And Development INDEX: -A-, Alarm System Permits (cont.) and following page -C-, Central Market (cont.) and following page -F-, Fuel Gas Code and following four pages -P-, Police, Fire And..., Potentially Vicious and following three pages INSERT NEW PAGE HEADED Title 14, Building And Development 14-1J-1, Chapter 1, Article J. Property andfollowing eight pages (insert immediately after page headed 14-11-6, building involved in the proceedings) -A-, Alarm System Permits (cont.) and following page -C-, Central Market (cont.) and, following page -F-, Fuel Gas Code and following four pages -P-, Police, Fire And..., Potentially Vicious' and following two pages PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 1-16, passed March 7, 2016. Ordi- nances of the city adopted after said ordinance supersede the provisions of this city 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. Sterling Codifiers Coeur d'Alene, Idaho April 2016 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assistance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B November 2014 City of Dubuque TITLE 4 (cont.) Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire 7B Adult Entertainment Establish- ments Crime Property 5C Parental Responsibility 5D Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C 8 Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 5 Transit System Transit Advisory Board 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations . 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions Trees And Weeds Fire Prevention Regulations TITLE 7 Police, Fire And Public Safety Police Department Fire Department Emergency Management Alarm System Permits Offenses General Offenses Drug Paraphernalia November 2014 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 7 Registration, Certification Of 8 Title, And Proof Of Security 9 Against Financial Liability Special Antitheft Law Drivers' Licenses Obedience To And Effect Of Traffic Laws Powers Of Local Authorities Operation Pedestrians' Rights And Duties Special Stops Required Miscellaneous Rules School Buses Equipment Size, Weight And Load Parking 1 2 3 4 5 6 7 1 8 2 9 3 10 4 11 5 12 5A 13 5B 14 City of Dubuque TITLE 9 (cont.) Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures 7 Valet Drop Off Parking; Permit Requirements 8 TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations Cable Communications Open Video Systems Cable Television Cable Franchise Agreement .. . Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power And Light Company 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing Electric Transmission Line Companies 6 TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 Airport Commission 4 Airport Zoning Commission 5 Airport Zoning Board Of Adjustment 6 TITLE 13 Public Utilities Water Use And Service Connections Water Meters 1 Rates 2 Cross Connection Control 2A Sewers And Sewage Disposal .... 2 2B Discharge Regulations 2A 3 Private Disposal Systems; 3A Private Haulers 1 1A 1B 1C 1D City of Dubuque 2B September 2015 TITLE 13 (cont.) Rates Industrial Pretreatment Program Fats, Oils And Greases (FOG) Program Gas Main Connections Stormwater Management Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A Exterior Storage Containers And Storage Trailers 8 2C Swimming Pools 9 Signs (Rep. by Ord. 52-09, 2D 10-19-2009) 10 Flood Areas 11 2E Erosion And Sediment Control 12 3 Solar Thermal Licenses 13 4 Solar Thermal System Permits And Inspections 14 Water 15 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code 10 Electrical Code 1D Fire Code And Regulations 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving Dangerous Buildings Licensing Of Vacant And/Or Abandoned Buildings Historic Buildings Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) Condominium Conversions And Transfers To Multiple Housing Cooperative September 2015 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions ... 3 2 Nonconformities 4 3 Zoning Districts 5 Overlay Districts 6 4 Supplemental Use Regulations . 7 5 Zoning Board Of Adjustment Applications And Procedures 8 6 Zoning Advisory Commission Applications And Procedures .. 9 Historic Preservation Commission 7 Applications And Procedures ... 10 City of Dubuque TITLE 16 (cont.) PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque September 2015 3-2-1 3-2-2 SECTION:. 3-2- 1: 3-2- 2: 3-2- 3: 3-2- 4: 3-2- 5: 3-2- 6: 3-2- 7: 3-2- 8: 3-2- 9: 3-2-10: CHAPTER 2 REVITALIZATION AREAS Purpose Jackson Park West Eleventh Street Washington Street Upper Main Stout Place Langworthy Old Main Cathedral Kunkel And Associates 3-2-1: PURPOSE: The purpose of this chapter is to encourage the upgrading of neighborhoods by designating revitalization areas in the city in order that the provision of providing exemptions from taxation for qualified real estate assessed as residential properties in those areas is available for individual properties where improvements have been made and to authorize the issuance of revenue bonds for projects consis- tent with the revitalization plan for the designated revitalization area. (2007 Code § 43-31) 3-2-2: JACKSON PARK: A. The area hereinafter described is hereby designated as the Jackson Park urban revitalization area in accordance with the code of Iowa: Beginning at the intersection of Bluff Street and West Fourteenth Street; easterly along West Fourteenth Street to the alley between Iowa Street and Central Avenue; northerly along said alley to West Seventeenth Street; easterly along West Seventeenth Street to Heeb Street; northerly along Heeb Street to the northerly line of City Lot 675; westerly along said line and along the northerly line of City Lot 674 to Main Street right-of-way; continuing westerly across said June 2015 City of Dubuque 3-2-2 3-2-3 right-of-way and along the northerly line of Lot 1 of City Lot 673 to Madison Street; continuing westerly across Madison Street and along the northerly line of Lot 6 of 2 of City Lot 673 to the west line of said lot; southerly along the west line of said lot and along Lot 5 of 2 and Lot 2 of 4 of 2 of City Lot 673 to Dorgan Place; westerly along Dorgan Place to the southeasterly line of Lot 1 of 1A of Dorgan's Subdivision; southwesterly along said line and along the southeasterly line of Lot 1 of 1 of Dorgan's Subdivision to West Locust Street; continuing southwesterly across West Locust Street and across West Seventeenth Street to the westerly line of D.N. Cooley's Subdivision; first southerly, then southeasterly along said line to West Sixteenth Street; southerly along the east right-of-way line of Montrose Terrace to Pickett Street; easterly along Pickett Street to the east line of Lot 1 of 3 of City Lot 667; southerly along said line to the west line of Lot 2 of 1 of City Lot 667; southerly along said line to the south line of said lot; easterly along said line to Bluff Street; southerly along Bluff Street to West Fourteenth Street, the place of beginning. B. All of the properties located in such revitalization area shall be subject to the provisions of the Jackson Park urban revitalization plan as adopted and approved by the Dubuque city council on December 22, 1980. C. A property owner must apply for an exception by February 1 of the assessment year for which the exemption is first claimed, but not later than the year in which all the improvements are first assessed for taxation. Upon the request of the owner, the city council may provide by resolution that the owner may file an application no later than February 1 of the tenth assessment year. (2007 Code § 43-41) 3-2-3: WEST ELEVENTH STREET: A. The area hereinafter described is hereby designated as the West Eleventh Street urban revitalization area in accordance with the code of Iowa: Beginning at the intersection of Loras Boulevard and Alta Vista Street; southerly along Alta Vista Street to University Avenue; easterly along University Avenue and along West Ninth Street to Bluff Street; northerly along Bluff Street to West Tenth Street; easterly along West Tenth Street to the alley between Locust Street and Main Street; northerly along said alley to West Thirteenth Street; easterly along West Thirteenth Street to Main Street; northerly along June 2015 City of Dubuque 3-2-9 3-2-10 B. The Cathedral urban revitalization plan as attached to ordinance 87-02 is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. C. The Cathedral urban revitalization plan shall hereafter be on file in the city clerk's office, city hall, Dubuque, Iowa. (2007 Code § 43-48) 3-2-10: KUNKEL AND ASSOCIATES: A. Urban Revitalization Area: The area hereinafter described is hereby designated as the Kunkel And Associates urban revitalization area in accordance with the code of Iowa: Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof. B. Plan Adopted: The Kunkel And Associates urban revitalization plan as attached hereto is hereby adopted and approved and the proper- ties within said described area shall be subject to the provisions of said plan. C. Plan On File: The Kunkel And Associates urban revitalization plan shall hereafter be on file in the city clerk's office, city hall, Dubuque, Iowa. D. Additional Requirements: In order to qualify for the tax abatement program established in the plan, the property owner must create ten (10) new full time jobs in the Kunkel And Associates urban revitaliza- tion area within five (5) years of approval of the property owner's application by the city council for tax abatement. If the property owner fails to create all such jobs within such five (5) year period, the property owner must provide a refund of all taxes abated to the county treasurer within sixty (60) days after the end of such five (5) year period for distribution to the governing bodies affected by the abatement of such taxes in the amount of the lost taxes of each such governing body. E. Certification: To assist city in monitoring the job creation requirement of subsection D of this section, a duly authorized officer of the property owner shall certify to city the number of full time equivalent jobs employed at the above described property on the fifth anniver- sary of the date of approval of the property owner's application for tax abatement. (Ord. 5-15, 1-20-2015) June 2015 City of Dubuque TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT Subject Chapter Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 City of Dubuque 6-6-1 6-6-1 SECTION: 6-6- 1: 6-6- 2: 6-6- 3: 6-6- 4: 6-6- 5: 6-6- 6: 6-6- 7: 6-6- 8: 6-6- 9: 6-6-10: 6-6-11: 6-6-12: 6-6-13: CHAPTER 6 HOUSING REGULATIONS Title; Legislative Findings; Purposes; Scope Definitions Enforcement Notices And Orders Enforcement Of Order Of City Manager Performance Of Work To Repair Or Demolish; Other Costs Licenses And Inspections Housing Code Appeals Board Procedure For Hearing Appeal Housing Standards Priority Category Procedure For Hearing Appeal Of Priority Category Status Inspection Of Properties Owned By Priority Category 6-6-1: TITLE; LEGISLATIVE FINDINGS; PURPOSES; SCOPE: A. Short Title: This chapter shall be known as the CITY OF DUBUQUE RESIDENTIAL HOUSING CODE, or the housing code; may be cited as such, and will be referred to herein as "the housing code". B. Legislative Findings And Purposes: It is hereby found that there exists and may in the future exist in the city, real or personal property used or intended to be used for residential purposes or parts thereof which by reason of their structure, building service equipment, sanitation facilities, maintenance, use or occupancy affect or are likely to adversely affect human health, safety and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain acceptable levels of residential environmental quality and to protect and promote public health, safety and general welfare, it is further found that the establishment and enforcement of minimum residential housing standards are required. November 2011 City of Dubuque 6-6-1 6-6-2 C. Scope And Application: The provisions of this housing code shall apply to all real or personal property or portions thereof designated, used, or intended to be used, for human habitation. Real or personal property in existence at the time of passage of this housing code may have its construction, design, arrangement, use, and occupancy continued if such was constructed in accordance with the code appli- cable to the city at that time, provided they are not presently likely to endanger the life, limb, health, or safety of the occupants or owners, or the public in general. D. Facilities Exempted From Housing Code Provisions: Residential facilities periodically inspected by a duly authorized state government agency shall be exempt from provisions of the housing code. These facilities include hotels, motels, bed and breakfast inns, hospitals, nursing homes and state licensed group residential facilities. (2007 Code § 26-1) 6-6-2: DEFINITIONS: A. Unit Definitions: DUPLEX DWELLING: A structure containing two (2) dwelling units. DWELLING Any group of rooms used or intended for use for UNIT: human habitation and having full facilities for private, human habitation, including living, sleeping, cooking and private sanitation facili- ties. EFFICIENCY A dwelling unit having no fewer than two (2) UNIT: rooms with living, sleeping and cooking facilities, and with one room providing private sanitation facilities. MULTIPLE - UNIT DWELLING: RENTAL DWELLING UNIT: November 2011 A structure containing any combination of three (3) or more dwelling or rooming units. A dwelling unit that requires a payment, in money or services, to be made to the owner for the possession and use thereof. City of Dubuque 6-6-2 6-6-2 ROOMING UNIT: A dwelling unit having a single room with living and sleeping facilities but excluding cooking facilities. SINGLE- FAMILY INGLE- FAMILY DWELLING: B. General Definitions: ABANDONED OR ABANDONMENT: EGRESS: EXIT: HABITABLE ROOM: NUISANCE: A structure containing one dwelling unit and no more than one additional rooming unit. A building that has remained vacant of any use authorized by the owner and has been in violation of the housing code for a period of six (6) consecutive months. A continuous path of travel from any point in a building or structure, to the open air outside, at grade level consisting of: 1) the way of exit access; 2) the exit; and 3) the means of discharge from the exit. A continuous and unobstructed means of egress to a public way, including intervening aisles, doors, doorways, corridors, exterior exit balconies, ramps, stairways and exit passage- ways. Any room used or intended to be used for living or sleeping purposes. All habitable rooms must meet all performance requirements, criteria and interpretations as specified by the housing quality standards, as listed in subsections 6-6-10B through N of this chapter. Each of the following constitute a "nuisance": 1. Any public nuisance known at common law or in equity. 2. Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of a building, or upon an unoccupied lot. City of Dubuque 6-6-2 6-6-3 REQUIRED BATHROOM: VACANT BUILDINGS: 3. Whatever is dangerous to human life or is a menace to the public health, welfare or safety. 4. A building that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment. 5. Uncleanliness to the risk of unhealthiness. 6. Whatever renders air, food or drink unwhole- some or detrimental to the health of human beings. A bathroom containing all facilities and meeting all requirements under subsection 6-6-1062 of this chapter. Buildings which are unoccupied and character- ized by one or more of the following conditions: 1. Open to vagrants, vandals, children or the unwary; 2. Not maintained by owner or responsible party; 3. Not receiving service by public utilities. (2007 Code § 26-2) 6-6-3: ENFORCEMENT: A. Authority, Powers And Duties Of City Manager: 1. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this housing code, or whenever the city manager has probable cause to believe that there exists in any real or personal property used or intended to be used for residential purpose any condition or code violation which makes it hazardous, the city manager may enter at all reasonable times to inspect the same or to perform any duty imposed upon the city manager by this City of Dubuque 6-6-3 6-6-3 housing code; provided, that if such property be occupied, the city manager shall first present proper credentials and ask entry; and if such property be unoccupied, the city manager shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and ask for entry. If such entry is refused, the city manager shall have recourse to every remedy provided by law to secure entry. 2. Authority To Order Disconnection Of Utilities: The city manager shall have the authority to order disconnection of any fuel, gas utility or energy supplied to a property regulated by this housing code when the city manager ascertains that the equipment has become hazardous or unhealthy. Written notice of such order to disconnect services and the causes therefor shall be given within twenty four (24) hours to the owner and occupant; provided, however, that in cases of immediate danger to life or property, such disconnection may be made immediately without such notice. The city manager shall immediately notify the serving utility in writing of the issuance of such order to disconnect. No person shall make any reconnection without approval of the city manager. 3. Liability Of Owner And Occupant: Every owner and occupant remains liable for violations of duties imposed upon such owner and occupant by this housing code. Every owner, or such owner's agent, and every occupant, as appropriate, shall be responsible to maintain their property in accordance with the standards of this housing code. 4. Cooperation Of Other Officials And Officers: The city manager may request, and shall receive so far as is required in the discharge of the city manager's duties, the assistance and cooperation of other officials of the city. B. Responsibilities And Obligations Of Owners, Operators And Occu- pants: 1. Maintenance Responsibilities Of Owner Or Operator: Every owner or operator shall maintain fit premises, in accordance with provisions of this housing code, including performance of the following duties: a. Repairs: The owner or operator of the premises shall make all repairs and otherwise do whatever is necessary to put and keep the premises in a fit and habitable condition. City of Dubuque 6-6-3 6-6-3 b. Pest Extermination: (1) Whenever infestation exists in two (2) or more of the dwelling units of any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, extermination thereof shall be the responsibility of the owner or operator. (2) In any dwelling where infestation is caused by failure of the owner or operator to maintain the premises in reasonably verminproof condition, extermination shall be the responsibility of the owner or operator. c. Owner Or Operator To Let Clean Units: No owner or operator shall permit occupancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. d. Maintenance Of Public Area: Every owner or operator of a dwelling containing two (2) or more dwelling units, or more than one rooming unit shall be responsible for maintaining, in safe and sanitary condition, the shared public areas of the dwelling and premises thereof, unless there is an agreement between the owner and occupant to the contrary. e. Garbage Disposal: (1) Every owner or operator of a duplex or multiple -unit dwelling shall supply garbage containers which are adequate in number, approved by the housing official and in compliance with this housing code. (2) Containers shall not be stored in a front yard area or on the front porch of a dwelling, unless the housing official determines that it is impractical to provide an alternate storage location. f. Hanging Screens Or Storm Windows: The owner or operator of the premises shall be responsible for hanging all screens and storm windows except when there is an agreement between the owner and the occupant to the contrary. g. Occupancy Control: No owner or operator shall knowingly allow the occupancy of any dwelling unit or rooming unit to exceed the number of persons permitted by the zoning ordinance. City of Dubuque 6-6-3 6-6-3 h. Maintenance Of Building Exterior: Whenever an owner permits a building to deteriorate or become dilapidated or blighted to the extent that the exterior of the building does not comply with section 6-6-10 of this chapter, the city manager shall issue written notice as provided by section 6-6-4 of this chapter, directing the owner of such building to remedy the defect. 2. Maintenance Responsibilities Of Occupants: Every occupant shall maintain fit premises, including performance of the following duties: a. Controlled Area: Every occupant of a dwelling unit or rooming unit shall keep in a clean, safe and sanitary condition that part of the dwelling, dwelling unit, rooming unit or premises thereof such occupant occupies and controls. b. Extermination Of Pests: Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied by such occupant whenever said unit is the only one infested. Not- withstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner or operator to maintain a dwelling in reasonably verminproof condition, extermination shall be the responsibility of the owner or operator. c. Storage And Disposal Of Garbage: Every occupant of a dwelling shall dispose of rubbish, garbage, animal waste and other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this housing code or by having it removed from the premises. Containers shall not be stored in a front yard area or on the front porch of the dwelling, unless the housing official determines that it is impractical to provide an alternate storage location. d. Fire Protection System: Every occupant of a dwelling unit shall, if the early warning fire protection system is battery operated, be responsible to maintain the device in proper working condition or notify the owner or operator of any inoperability. No occupant shall cause a smoke detector to be removed or disconnected from its power source. e. Means Of Egress: No occupant of a dwelling unit or rooming unit shall cause any means of egress to be obstructed at any time. City of Dubuque 6-6-3 6-6-3 f. Required Facilities: Every occupant of a dwelling unit or rooming unit shall keep all required fixtures and facilities that are under the exclusive control of the occupant in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use and proper operation thereof. g. Protection Of Premises: No occupant shall deliberately or negligently destroy, deface, damage, impair or remove a part of the premises or knowingly permit a person to do so. h. Disturbances: Every occupant shall conduct themselves in a manner that will not disturb a neighbor's peaceful enjoyment of their premises. i. Occupancy Control: (1) No occupant shall allow the occupancy of any dwelling unit or rooming unit within which such occupant resides to exceed the number of persons permitted by the zoning ordinance of the city. (2) Any occupant violating any provisions of this subsection shall be guilty of a misdemeanor. C. Substandard Buildings, Dwelling Units And Lots: 1. Continued Use Unlawful: It shall be unlawful for any person to cause or continue the existence of any substandard condition. 2. Substandard Condition Defined: Any building, structure or vacant lot used or intended to be used for residential purposes or portion thereof including any dwelling unit or the premises on which the same is located, in which there exist any of the following listed conditions to an extent that endanger the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby are declared to be substandard: a. Inadequate Sanitation: Inadequate sanitation shall include, but not be limited, to the following: (1) Lack of, or inoperable, flush toilet as required by the housing standards, as listed in section 6-6-10 of this chapter. (2) Lack of, or inoperable, kitchen sink. City of Dubuque 6-6-3 6-6-3 (3) Lack of running water in each unit as required by the standards. b. Inadequate Heating: Inadequate heating shall include, but not be limited to, the following: lack of, or improper operation of, adequate heating facilities necessary for habitation. c. Inadequate Light/Ventilation: Inadequate light and/or ventilation shall include, but not be limited to, the following: lack of minimum amounts of proper natural light and/or ventilation necessary for human habitation. d. Inadequate Electricity: Inadequate electricity shall include, but not be limited to, the following: lack of operable electrical service, wiring or fixtures, or other public or private utilities required to service the unit and necessary for human habitation. e. Water: Accumulated standing water. f. Pest Infestation: Infestation of insects, vermin or rodents. g. Sewage Disposal: Lack of connection to approved sewage disposal system. h. Trash Storage: Inadequate garbage and rubbish storage facilities. i. Structural Hazards: Structural hazards shall include, but not be limited to, the following: 1• code. (1) Severely deteriorated foundations. (2) Severely defective or deteriorated flooring or floor supports. (3) Members of walls, partitions, or other vertical supports that split, lean, list or buckle. (4) Members of ceilings, roofs, ceiling and roof supports, or other structural members which sag, split or buckle. (5) Fireplace or chimneys which list, bulge or settle. Nuisance: Any nuisance or hazard as defined in this housing City of Dubuque 6-6-3 6-6-3 k. Hazardous Wiring: All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. I. Hazardous Plumbing: All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures. m. Hazardous Mechanical Equipment: All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. n. Faulty Weather Protection: Faulty weather protection shall include, but not be limited to, the following: (1) Defective or lack of weather protection of exterior walls and roof, including windows and doors. (2) Broken, rotted, split or buckled exterior wall coverings or roof coverings. o. Hazardous Or Unsanitary Premises: Those premises which have accumulated weeds, vegetation, junk, dead organic matter, debris, garbage, rat harborage, stagnant water, combustible materials and/or any materials or conditions constituting fire, health or safety hazards. p. Inadequate Exits: All buildings or portions thereof not provided with adequate exit facilities shall be considered substandard. q. Improper Occupancy: All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. r. Overcrowding: Overcrowding exists where more occupants inhabit a room or premises than is safe or sanitary. (2007 Code § 26-3) City of Dubuque 6-6-4 6-6-4 6-6-4: NOTICES AND ORDERS: A. Notice Of Violation; Order Of Compliance: Whenever the city manager determines that there exists a violation of any provisions of this housing code or of any rules or regulations adopted pursuant thereto, the city manager shall give notice of such violation to the person or persons responsible and shall order compliance. Each notice and order shall: 1. Be in writing. 2. Include a list of violations referring to the sections of this housing code violated. (2007 Code § 26-4) 3. Specify a period of time not to exceed thirty (30) days to begin repairs or demolition and not to exceed one hundred eighty (180) days for completion. No additional time for completion may be authorized by the housing officer, excepting for weather related exterior repairs beginning in November and ending in May of each year. (Ord. 24-10, 4-19-2010) 4. Be served upon the owner, the owner's agent or occupant by delivering the same at the owner's residence, office or place of business by certified mail, regular mail or in person. All such mail shall bear indicia requesting return to sender or forwarding address, if not deliverable as addressed. 5. Subsequent to the owner, the owner's agent or occupant having been notified by the city manager of a violation for which the owner is responsible, a copy of the notice and order may also be posted on the premises. It may also be delivered or sent by regular mail to occupants of the property. 6. If necessary, also require the dwelling or portion thereof to be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager. 7. Contain statements advising: a) that any person having any recorded title or legal interest or any occupant having been served a notice and order, may appeal from the notice and order or any action of the city manager to the housing code appeals board, provided the appeal is made in writing as provided in this housing code, and filed with the city manager within fourteen (14) days from the date of service of such notice and order, or action; and b) that failure to June 2010 City of Dubuque 6-6-4 6-6-4 appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. 8. This section shall not be interpreted to prevent the enforcement and imposition of fines and penalties for each day of violation, prior to correction. B. Order To Vacate: 1. Posting: Every order to vacate shall, in addition to being served as provided in subsection A of this section, be posted at or upon each entrance to the building, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential property and shall be in substantially the following form: NOTICE TO VACATE This has been declared to be substandard to the extent that it endangers life, limb, health, property or welfare of the public or occupants. After do not occupy or use for City Manager City of Dubuque, Iowa 2. Compliance: Whenever such notice is posted, the city manager shall include a notification thereof in the notice and order reciting the conditions which necessitate the posting. No person shall remain in or enter any building, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential purposes which has been so posted except that entry may be made to repair, demolish or correct the violations. No person shall remove nor deface any such notice after it is posted until the required repairs, demolition or corrections have been completed, inspected and approved in writing by the city manager. Any person violating this subsection shall be guilty of a misdemeanor. 3. Emergencies: Whenever, in the judgment of the city manager, an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the city manager may act to correct or abate the emergency under terms of the Iowa statutes for abatement of public nuisance. (2007 Code § 26-4) June 2010 City of Dubuque 6-6-5 6-6-6 6-6-5: ENFORCEMENT OF ORDER OF CITY MANAGER: A. General: After any order of the city manager made pursuant to this housing code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. B. City Manager Options: If any noted violations have not been corrected by the time allowed for said corrections, the city manager may initiate one or more of the following actions to ensure compliance, including, but not limited to: 1. Initiate legal proceedings for the immediate correction of the alleged violations; and/or 2. Revoke any operating license and/or order the dwelling, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential purposes, vacated within a specified period of time; and/or 3. Cause the building to be repaired and the cost thereof recovered in the manner hereinafter provided by this housing code or by other applicable laws, ordinances or statutes utilized; and/or (2007 Code § 26-5) 4. (Rep. by Ord. 24-10, 4-19-2010) 5. Institute proceedings to seek demolition of the structure with the assistance of the city manager; and/or 6. Require the dwelling or portion thereof to be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager. (2007 Code § 26-5) 6-6-6: PERFORMANCE OF WORK TO REPAIR OR DEMOLISH; OTHER COSTS: A. General: When any repair or demolition of a property or relocation of tenants is deemed necessary by the city manager pursuant to section 6-6-5 of this chapter, the city manager may attempt to procure repair or demolition of the property or relocation of tenants at city expense. May 2011 City of Dubuque 6-6-6 6-6-7 B. Recovery Of Costs: Whenever a cost to repair, abate or demolish a property which violates this housing code is incurred by the city, or whenever a cost to relocate tenants from a property in violation of this housing code is incurred by the city, the city manager shall prepare and certify the actual cost to the city clerk who, in turn, shall certify such cost to the county treasurer, and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said property. Such costs shall not be certified if they were the result of the tenant's misconduct. (2007 Code § 26-6) 6-6-7: LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: 1. License Required: No property owner, manager, or licensed real estate professional may operate a "rental dwelling unit", as defined by this housing code, in the city unless such person holds a current rental dwelling operating license issued by the city manager in the name of the property owner, manager, or licensed real estate professional for the specific named dwelling. (Ord. 5-11, 1-18-2011) The annual fee for operating rental dwelling units shall be as specified by resolution of the city council. (2007 Code § 26-7) 2. Terms Of Operating Licenses: a. Every operating license issued will be for a term of one calendar year from the date of its issuance, and upon application may be renewed and remain effective for successive periods of one calendar year unless sooner revoked by the city manager for noncompliance with any applicable provisions of this housing code. b. If a property owner, manager, or licensed real estate professional is designated a priority category of the housing code under section 6-6-11 of this chapter, the city manager may suspend, revoke, or reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. c. A rental dwelling operating license may be transferred from one property owner, manager, or licensed real estate professional to another property owner, manager, or licensed real estate profes- May 2011 City of Dubuque 6-6-7 6-6-7 sional, provided notice of transfer is given in writing to the city manager not less than five (5) working days prior to the proposed transfer. Such notice must include the name and address of the property owner, manager, or licensed real estate professional succeeding to the ownership or control of such licensed dwelling. d. A rental dwelling operating license is not transferable from one dwelling to another dwelling. e. A property owner, manager, or licensed real estate profes- sional holding an operating license must give notice in writing to the city manager not less than five (5) working days after having trans- ferred or otherwise disposed of the ownership or control of the licensed dwelling. Such notice must include the name and address of the property owner, manager, or licensed real estate professional succeeding to the ownership or control of such licensed dwelling. (Ord. 5-11, 1-18-2011) 3. Suspension/Revocation: a. The city manager may, for good cause, suspend or revoke a rental dwelling operating license for a dwelling, and in the case of a multi -family dwelling, suspend the license as to one or more units for a period not to exceed one year for any of the following: (Ord. 24-15, 3-16-2015) (1) Conviction or judgment of the licensee for violation of any provision of this housing code; (2) Misrepresentation by the licensee of any material fact in the application for a license; (3) Refusal by the licensee to permit inspection by authorized personnel of the premises licensed; (2007 Code § 26-7) (4) Nonpayment of the fee for renewal of the dwelling operat- ing license; (Ord. 5-11, 1-18-2011) (5) Failure to attend the city's rental property management program; or (Ord. 24-15, 3-16-2015) (6) Failure to perform a required criminal background check on an applicant for tenancy. April 2016 City of Dubuque 6-6-7 6-6-7 b. Prior to any suspension or revocation under this subsection, the city manager must give notice in writing to the property manager, owner, or licensed real estate professional and provide for an opportunity to appeal under section 6-6-9 of this chapter. c. During the period of revocation or suspension, a unit for which the license was suspended or revoked may not be relicensed. (Ord. 5-11, 1-18-2011) d. The city manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the city manager. e. Appeal by the licensee to the housing code appeals board from a decision of the city manager may be taken by delivering with- in fourteen (14) days from the date of receipt of the notice of suspen- sion or revocation, a written notice of appeal to the city manager. The city manager shall notify the licensee in writing of the time and place for hearing the appeal. At any hearing, the burden of proof shall be on the city manager to sustain the suspension or revocation. The licensee may present evidence at the hearing as to why the license should not be suspended or revoked. The appeals board may reverse, modify or affirm the decision of the city manager. f. The city manager shall give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within such period as the city manager shall determine. Any tenant who fails to vacate the premises after such time shall be guilty of a misdemeanor. (2007 Code § 26-7) 4. Licenses: The city manager is hereby authorized to issue and renew a rental dwelling operating license in the name of the appli- cant property owner, manager, or licensed real estate professional, provided the following criteria are met: (Ord. 24-15, 3-16-2015) a. Application: The property owner, manager, or licensed real estate professional must first make application therefor on an appli- cation provided by the city manager. b. Compliance With Housing Code: The dwelling for which a rental dwelling operating license is sought is warranted by the prop- erty owner, manager, or licensed real estate professional to substan- tially comply with this housing code. (Ord. 5-11, 1-18-2011) April 2016 City of Dubuque 6-6-7 6-6-7 c. Fees: All fees required by this housing code pursuant to the issuance of a rental dwelling operating license are paid in full to the city. (2007 Code § 26-7) d. Designated Agent: The property owner, manager, or licensed real estate professional must designate a responsible agent to repre- sent the property owner, manager, or licensed real estate profession- al whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The agent must have the same authority and responsibility as the property owner, manager, or licensed real estate professional for maintaining the dwelling. (Ord. 5-11, 1-18-2011) e. Completion Of Program: The property owner or manager must have completed the city's rental property management program or a program of continuing education approved by the city manager as follows: (Ord. 24-15, 3-16-2015) (1) A property owner or manager who manages over ten (10) rental units must complete the program within twelve (12) months of the passage of this chapter. (2) A property owner or manager who manages between five (5) and nine (9) rental units must complete the program within twenty four (24) months of the passage of this chapter. (3) A property owner or manager who manages between one and four (4) rental units must complete the program within thirty six (36) months of the passage of this chapter. (4) Until such time as the property owner or manager has completed the program or an equivalent program of continu- ing education approved by the city manager, only a temporary rental license may be issued. (5) A property owner or manager who has completed the pro- gram since 2000, according to the city's records, or who can provide other proof of completion, will be exempted from this requirement. (Ord. 5-11, 1-18-2011) (6) Licensed real estate professionals are exempted from the city's rental property management program attendance requirement. April 2016 City of Dubuque 6-6-7 6-6-7 (7) The city manager may waive the continuing education/ city's rental property management program attendance requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: (Ord. 24-15, 3-16-2015) (A) The property is properly licensed by the city of Dubuque; (B) The property has no history of priority category designation or any founded code violations within the pre- vious twelve (12) months; and (C) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. f. Criminal Background Checks: (1) The property owner, manager, or licensed real estate professional agrees to conduct background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the city's free background check service or by another back- ground check service approved by the city manager. (2) The city manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate pro- fessional and after a finding that: (A) The property is properly licensed by the city of Dubuque; (B) The property has no history of priority category designation or any founded code violations within the pre- vious twelve (12) months; and (C) A waiver will not create a danger to nearby resi- dents. (Ord. 12-11, 2-7-2011) 5. Renewal, Penalty For Failure To Renew License: a. Application for renewal of a rental dwelling operating license may be made within sixty (60) days prior to the expiration of an existing operating license. April 2016 City of Dubuque 6-6-7 6-6-7 b. Application for renewal of rental dwelling operating licenses in any year shall be due on January 1. Application may be made and license fees paid until April 1 without penalty. Applications made after April 1 shall be assessed a penalty amount of ten percent (10%) of the cost of the annual license for each year or portion of a year of delinquency. (2007 Code § 26-7) 6. Relationship Of License To Other Codes: The issuance of a license for a rental dwelling unit does not in any way signify or imply that the rental dwelling unit conforms with Iowa law and this code, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and this code. B. Inspections: 1. General: All real or personal property used or intended to be used for residential purposes is subject to inspection by the city manager or city manager's designee: a. Whenever requested and approved by the property owner, manager, licensed real estate professional, or occupant; or (Ord. 5-11, 1-18-2011) b. Whenever the city manager has reason to believe there is a violation of this housing code; or (2007 Code § 26-7) c. Whenever, upon inspection, a violation of this housing code is found, and notice and order to correct is given, the dwelling unit is subject to reinspection to determine if the required corrections have been made; or d. When the dwelling unit is located in any area designated by the city for comprehensive block enforcement of the housing code; or (Ord. 5-11, 1-18-2011) e. If the property is a licensed rental unit or is subject to licensing requirements pursuant to subsection A of this section. (2007 Code § 26-7) 2. Inspection Requirements For All Licensed Dwellings: a. All rental dwelling units are subject to regular housing code enforcement inspection and follow up reinspection as necessary. There will be no charge for the initial rental dwelling unit inspection, April 2016 City of Dubuque 6-6-7 6-6-8 for any complaint generated inspection, and for two (2) follow up reinspections. For each required additional follow up reinspection, a reinspection fee must be paid by the property owner, manager, or licensed real estate professional in an amount set by the city manager. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city manager or the city manager's designee will mail written notice by regular mail to the license holder and any known tenants of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder fails to be present at the time of the scheduled inspection and the inspector is unable to obtain entry to the dwelling unit, a second inspection will be scheduled and a rescheduling fee must be paid by the license holder in an amount set by the city manager. c. The license holder may cancel a scheduled inspection one time without payment of the rescheduling fee, provided the city manager or the city manager's designee is notified of the cancella- tion not Tess than forty eight (48) hours prior to the scheduled inspection. (Ord. 5-11, 1-18-2011) 3. Presale And/Or Mortgage Inspection: Whenever a person requests presale, preloan or other housing inspection, the person making the application shall pay an inspection fee as specified by resolution of the city council. (2007 Code § 26-7) 6-6-8: HOUSING CODE APPEALS BOARD: A. Board Created: There is hereby created the housing code appeals board. B. Purpose: The purpose of the board is to conduct hearings upon application by any person aggrieved by a notice and order of the city manager issued in connection with a violation of the housing code or of any applicable rule or regulation issued pursuant to the housing code. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be neces- sary and which are not in conflict with this code or the Iowa Code. April 2016 City of Dubuque 6-6-8 6-6-8 D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises five (5) residents of the city, appointed by the city council. 2. Reasonable efforts will be made to obtain representation of tenants, landlords, building trade professionals, attorneys, realtors, and similar candidates whose experience or profession provide unique and informed viewpoints as they relate to the decisions that the board will provide. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is qualified and appointed. H. Vacancies: Vacancies must be filled in the same manner as original appointments. Officers/Organization: The board must choose annually a chair- person and vice chairperson, each to serve a term of one year. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term at the first regular meeting of each year. The city manager's designee will serve as secretary to the board and must provide all decisions and findings in writing to the appellant. J. Meetings: 1. Regular Meetings: The board must meet when there are appeals to be heard. 2. Special Meetings: Special meetings may be called by the chair- person, at the written request of a majority of the members, or the city manager or city manager's designee. 3. Open Meetings: All meetings must be called and held in confor- mance with the Iowa open meetings law. April 2016 City of Dubuque 6-6-8 6-6-8 4. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum: Three (3) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits estab- lished in the city administrative policies and budget. (Ord. 23-15, 3-16-2015) L. Removal: Except as provided in subsection J4a of this section, the city council may remove any member for good cause. (Ord. 34-15, 5-18-2015) M. Powers: The board has the following powers, duties, and responsi- bilities: 1. The board, by a majority vote, may: a. Sustain the notice and order; b. Grant a variance; c. Grant an extension of time; or d. Grant a waiver of applicability in the case of the levying of rental dwelling operating license penalties. April 2016 City of Dubuque 6-6-8 6-6-8 2. In granting an extension or variance of any notice or order, or waiver of application of a licensing penalty, the board must observe the following conditions: a. The board may grant an extension of time for the compliance of any notice and order for not more than ninety (90) days, subject to appropriate conditions and provided that the board makes specific findings of fact based on evidence relating to the following: (1) That there are practical difficulties or unnecessary hard- ships in carrying out the strict letter of any notice and order; (2) That such an extension is in harmony with the general purpose and intent of the housing code in securing the public health, safety, and general welfare; and (3) That the violation in question does not constitute an imminent threat to public health, safety, and welfare. b. The board may grant a variance in a specific case and from a specific provision of the housing code subject to appropriate condi- tions and provided the board makes specific findings of fact based on evidence related to the following: (1) That there are practical difficulties or unnecessary hard- ships in carrying out the strict letter of any notice and order; (2) That the effect of the application of the provisions would be arbitrary in the specific case; (3) That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hard- ships; (4) That such variance is in harmony with the general purpose and intent of the housing code in securing the public health, safety, and general welfare and does not constitute an imminent danger to the public; or (5) That the repairs and alterations necessary for the preser- vation, restoration, or continued use of a building or structure may be made without conformance to all of the requirements of the housing code, when authorized by the appeals board, provided: April 2016 City of Dubuque 6-6-8 6-6-9 (A) The building or structure has been designated by official action of the applicable legislative or administrative body as having special historical or architectural significance. (B) Any substandard conditions as described in this code will be corrected. c. The board may grant a waiver of penalties, subject to appro- priate conditions and provided the board makes specific findings of fact that the levying of the penalty was inconsistent with the provi- sions of this code. (Ord. 23-15, 3-16-2015) 6-6-9: PROCEDURE FOR HEARING APPEAL: A. Application: Any person aggrieved by a notice and order of the city manager issued in connection with any alleged violation of this hous- ing code or of any applicable rule or regulation issued pursuant thereto, may apply to the housing code appeals board for a reconsid- eration of such notice and order, provided such application is made within fourteen (14) days of the date the notice and order was issued. The application for reconsideration shall include the follow- ing: 1. Name and address of appellants. 2. A brief statement setting forth the legal interest of each of the appellants in the real or personal property used or intended to be used for residential purposes identified in the notice and order. 3. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 4. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 5. The signatures of all parties named as appellants, and their offi- cial mailing address. B. Appeal Filing Fee: At the time of filing such an application for an appeal, the appellant shall pay therewith a filing fee in an amount specified by resolution of the city council. April 2016 City of Dubuque 6-6-9 6-6-9 If the appellant's appeal is granted by the appeals board, the fee shall be fully refunded. If more than one appeal is requested on a single property, the board shall refund the fee according to a pro rata determination of appeals granted. This fee refund shall apply both for variance and time extension requests. C. Notice Of Hearing: Upon receipt of any application for reconsidera- tion filed pursuant to this section, the city manager shall forward same to the chairperson of the housing code appeals board. As soon as practicable after receiving the application, the chairperson of the housing code appeals board shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than thirty (30) days nor more than sixty (60) days from the date the appeal was received by the city manager unless the appellant agrees to an earlier adjudication of the case. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appellant's address shown on the application. D. Waiver: Failure of any person to file an application in accordance with the provisions of this housing code shall constitute a waiver of such person's right to an administrative hearing and adjudication of the notice and order, or to any portion thereof. April 2016 City of Dubuque f 6-6-9 6-6-9 E. Hearing Appeals: The conduct of hearing appeals filed with the housing code appeals board shall be governed by title 2, chapter 1 of this code. F. Appeals Board Option: The housing code appeals board, by a majority vote, may sustain the notice and order, or grant a variance or extension of time or grant a waiver of applicability, in the case of the levying of rental dwelling operating license penalties. In granting an extension or variance of any notice or order, or waiver of application of a licensing penalty, the appeals board shall observe the following conditions: (2007 Code § 26-9) 1. Extension Of Time: The board may grant an extension of time for the compliance of any notice and order for not more than ninety (90) days, subject to appropriate conditions and provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; and b. That such an extension is in harmony with the general purpose and intent of this housing code in securing the public health, safety and general welfare; and c. That the violation in question does not constitute an imminent threat to public health, safety and welfare. (Ord. 24-10, 4-19-2010) 2. Variance: The board may grant a variance in a specific case and from a specific provision of this housing code subject to appropriate conditions and provided the board makes specific findings of fact based on evidence related to the following: a. Unnecessary Hardships: That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; b. Application Of Provisions: That the effect of the application of the provisions would be arbitrary in the specific case; c. Extension: That an extension would not constitute an appro- priate remedy for these practical difficulties or unnecessary hard- ships; June 2010 City of Dubuque 6-6-9 6-6-10 d. General Purpose And Intent: That such variance is in harmony with the general purpose and intent of this housing code in securing the public health, safety and general welfare and does not constitute an imminent danger to the public; and e. Historic Buildings: That the repairs and alterations necessary for the preservation, restoration or continued use of a building or structure may be made without conformance to all of the require- ments of this housing code, when authorized by the housing code appeals board, provided: (1) The building or structure has been designated by official action of the applicable legislative or administrative body as having special historical or architectural significance. (2) Any substandard conditions as described in section 6-6-3 of this chapter, will be corrected. 3. Waiver Of Applicability: The board may grant a waiver of applica- tion of a penalty for nonpayment of rental dwelling operating license fees, subject to appropriate conditions and provided the board makes specific findings of fact that the levying of the penalty was inconsistent with the provisions of section 6-6-7 of this chapter. (2007 Code § 26-9) 6-6-10: HOUSING STANDARDS: A. Generally: Housing governed by this housing code shall meet the housing quality standards promulgated by the United States depart- ment of housing and urban development (HUD), title 24, code of federal regulations, part 982.401, (a) through (n). The approved interpretations further define the standards as they shall apply to housing in the city. B. Sanitary Facilities: 1. Performance Requirement: Each dwelling unit must include sanitary facilities located in the unit, which must be in proper operating condition, must be usable in privacy, and are adequate for personal cleanliness and the disposal of human waste. 2. Acceptability Criteria: The bathroom must be located in a separate private room and have a flush toilet in proper operating condition. The dwelling unit must have a fixed basin in proper operating condi- June 2010 City of Dubuque 6-6-10 6-6-10 tion, with a sink trap and hot and cold running water. The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water. The facilities must utilize an approvable public or private disposal system (including a locally approvable septic system). 3. Approved Interpretations: a. Rooms To Be Separate: A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight fitting door. b. Floor Surface: Every water closet compartment or bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water. c. Venting: The required bathroom shall have at least one openable window or other adequate exhaust ventilation which must vent to the outside of the building. The outside of the building, or building exterior, shall be construed as including that area within an enclosed porch; provided, that: 1) such porch may be ventilated by means of an operable exterior window; and 2) the occupant has continuous access to such porch. d. Food Preparation Sink: The food preparation sink does not fulfill the fixed basin lavatory requirement. e. Tub And/Or Shower: The tub and/or shower may be located in an area other than that provided for the water closet and lavatory. f. Light Fixture: The required bathroom must be illuminated by a permanently installed light fixture. g. Sanitary Facilities Required: All dwelling units except rooming units shall have approved sanitary facilities for the exclusive use of the occupant(s) of the unit. Buildings with rooming units shall provide on each floor approved sanitary facilities, no less than one such facility for each six (6) rooming units. C. Food Preparation And Refuse Disposal: 1. Performance Requirement: The dwelling unit must contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There must be adequate facilities and services for the City of Dubuque 6-6-10 6-6-10 sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). 2. Acceptability Criteria: The dwelling unit must have an oven, and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition. The equipment may be supplied by either the owner or the family. A microwave oven may be substituted for a tenant supplied oven and stove or range. A microwave oven may be substituted for an owner supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to both subsidized and unsubsidized tenants in the building or premises. The dwelling unit must have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink must drain into an approvable public or private system. The dwelling unit must have space for the storage, preparation, and serving of food. There must be facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary (e.g., garbage cans). 3. Approved Interpretation: a. Every dwelling unit except rooming units shall be provided with a room or portion of a room for a kitchen or kitchenette within the dwelling unit. b. Counters or tables for food preparation shall be furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. c. Every kitchen or kitchen area shall have at least one light fixture and two (2) duplex outlets. If, however, one such outlet is inaccessible, i.e., located behind a stationary appliance, one additional outlet shall be installed. d. Every kitchen or kitchenette must have a floor surface which can be maintained in a sanitary condition. e. Duplex and multiple -unit dwellings shall have supplied garbage and refuse containers. Occupants of single unit dwellings shall be responsible for furnishing containers. D. Space And Security: 1. Performance Requirement: The dwelling unit must provide adequate space and security for the family. City of Dubuque 6-6-10 6-6-10 2. Acceptability Criteria: At a minimum, the dwelling unit must have a living room, kitchen area, and bathroom. The dwelling unit must contain at least one sleeping or living/sleeping room of appropriate size for each two (2) persons. Persons of opposite sex, other than husband and wife or very young children, may not be required to occupy the same bedroom or living/sleeping room. Exterior doors and windows accessible from outside the unit must be lockable. Exterior doors are doors by which someone can enter or exit the dwelling unit. 3. Approved Interpretations: a. Minimum Space: (1) Ceiling Height: Habitable rooms or areas shall have a ceiling height of not less than seven feet (7'). Other rooms or areas may have a ceiling height of not less than six feet eight inches (6'8"), measured to the lowest projection from the ceiling. Stairways otherwise having a ceiling height of not less than six feet eight inches (6'8") may have at no more than at a single point a ceiling height of not less than six feet four inches (6'4") measured vertically from stair tread to ceiling, where it is determined that such construction is original to the dwelling. If a room has a sloping ceiling, the prescribed ceiling height is required in no less than one-half (1/2) the area thereof. No portion of the room measuring less than five feet (5') from floor to ceiling shall be included in the computation of the minimum floor area for the room. (2) Dwelling Unit Area: Each unit shall have at least one habitable room having not less than one hundred (100) square feet of floor area. Other habitable rooms shall have an area of not less than seventy (70) square feet. Where more than two (2) persons occupy a room used for sleeping, the required floor area shall be increased by fifty (50) square feet for each occupant in excess of two (2). No habitable room shall measure less than seven feet (7') in length or width. City of Dubuque 6-6-10 6-6-10 (3) Efficiency Unit Area: Each efficiency unit shall have a living area of no less than two hundred twenty (220) square feet. Efficiency units shall be occupied by no more than two (2) occupants. (4) Use: Rooms other than habitable rooms shall not be used for living or sleeping. b. Passageways: The required bathroom, and any other water closet compartment, shall not be used as the only interior passage- way to any habitable room, hall, basement, cellar, or exterior of the unit. c. Lighting: Every hall and stairway in a dwelling shall be provided with adequate lighting. E. Thermal Environment: 1. Performance Requirement: The dwelling unit must have and be capable of maintaining a thermal environment healthy for human habitation. 2. Acceptability Criteria: The dwelling unit must contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit, either directly or indirectly, appropriate for the climate to assure a healthy living environment. The dwelling unit must not contain unvented room heaters that burn gas, oil or kerosene. 3. Approved Interpretations: a. Heating facilities shall be capable of supplying a minimum of sixty eight degrees Fahrenheit (68°F) measured at thirty six inches (36") above the floor, at the inside wall, in every habitable room in the unit. b. Heating units, except electric fueled units, shall be vented to eliminate the escape of products of combustion into any habitable or transiently occupied area. c. Every heat duct, steam pipe and hot water pipe shall be free of leaks. City of Dubuque 6-6-10 6-6-10 d. Every room heater vent pipe shall be equipped with thimbles or guards constructed of nonflammable material at the point where the pipe penetrates any wall, ceiling or partition. Exceptions to this requirement shall be otherwise in compliance with the Dubuque mechanical code. e. Domestic water heating devices shall be supplied with an operable combination temperature and pressure relief valve and such device shall be fitted with a rigid vent pipe of undiminished diameter and extended to within one foot (1') of the floor. f. Water heating devices, except electric fueled units, shall be vented to eliminate the escape of products of combustion into any habitable or transiently occupied areas. g. Every chimney, vent pipe and flue shall be maintained in sound condition and good repair. F. Illumination And Electricity: 1. Performance Requirement: Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources must be provided to permit use of essential electrical appliances while ensuring safety from fire. 2. Acceptability Criteria: Living and sleeping rooms must include at least one window. A permanent ceiling or wall light fixture must be present and working in the bathroom and kitchen area. At least two (2) electrical outlets, one of which may be a permanent overhead or wall mounted light fixture, must be present and operable in the living area, kitchen area, and each bedroom area. 3. Approved Interpretations: a. Natural Light And Ventilation: All habitable rooms shall be provided with natural light by means of exterior glazed openings with an area of not less than eight percent (8%) of the floor area of such rooms. All habitable rooms shall be provided with natural ventilation by means of operable exterior openings with an area of not less than four percent (4%) of the floor area of such rooms. City of Dubuque 6-6-10 6-6-10 The outside of the building, or building exterior, shall be construed as including that area within an enclosed porch; provided, that: 1) such porch may be ventilated by means of an operable exterior window; and 2) the occupant has continuous access to such porch. b. Overcurrent Protection: Overcurrent protection shall be provided with properly sized S type fuses or circuit breakers. c. Extension Cords: Temporary wiring or extension cords shall not be used as permanent wiring. Extension cords shall not penetrate walls and may not run through doorways, nor be routed under floor coverings. d. Grounding: The building electrical service entrance panel shall be grounded with a jumper installed across the water meter unless the lack of such grounding met prior Dubuque electrical code approval. e. Outlets: Ground type electrical outlets shall be grounded. f. Origin Of Light And Ventilation: For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half (1/2) the area of the common wall is open and unobstructed and provides an opening of not less than eight percent (8%) of the floor area of the interior room, or twenty (20) square feet, whichever is greater. G. Structure And Materials: 1. Performance Requirement: The dwelling unit must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. 2. Acceptability Criteria: Ceilings, walls and floors must not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof must be structurally sound and weathertight. The exterior wall structure and exterior wall surface must not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or defects that may result in air infiltration or vermin infestation. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., must not present a danger of tripping or falling. Elevators must be maintained in safe and operating condition. In the case of a mobile home, the home must be City of Dubuque 6-6-10 6-6-10 securely anchored by a tie down device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind caused overturning and sliding. 3. Approved Interpretations: a. Foundations, Exterior Walls And Roofs: Every foundation, exterior wall and roof shall be substantially weathertight, watertight, rodentproof and shall be kept in good repair. b. Windows, Exterior Doors And Basement Hatchways: Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, rodentproof and kept in good repair. c. Stairways And Porches: Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and shall be properly maintained. d. Drains: All rainwater shall be properly drained from every roof so as not to cause dampness in the walls, ceilings or floors of any habitable room, or of any bathroom or water closet compartment. e. Exterior Wood Surfaces: All exterior wood surfaces requiring chemical preservation shall be protected from water seepage and against deterioration with a paint covering or some other suitable material. Requirement for treatment shall be the same thresholds as required in this housing code. f. Floors, Interior Walls, Interior Doors And Ceilings: Every floor, interior wall, interior door and ceiling shall be kept in sound condition and good repair. g. Accessory Structures: Accessory structures on the premises of a dwelling unit shall be maintained in good repair. h. Mobile Homes: Mobile homes shall be provided with at least one smoke detector. i. Handrails: Structurally sound handrails shall be provided on any step system containing four (4) or more risers. j. Guardrails: All porches, patios and balconies located more than thirty inches (30") higher than the adjacent area shall be City of Dubuque 6-6-10 6-6-10 provided with protective guardrails. Guardrails, when replaced, shall comply with international building code standards. k. Fire Extinguishers: Approved type fire extinguishers shall be provided on each floor of a multiple dwelling, so located that they will be accessible to the occupants, and spaced so that no person will have to travel more than seventy five feet (75') from any point to reach the nearest extinguisher. Hallway extinguishers shall be five (5) to seven (7) pound capacity Underwriters Laboratories rating of 2A1OBC or approximate equivalent. (Exception: In lieu of hallway extinguishers, each dwelling or rooming unit may be provided with extinguishers of approximately 21/2 pound capacity equal to Underwriters Laboratories rating of 1A1OBC.) H. Interior Air Quality: 1. Performance Requirement: The dwelling unit must be free of pollutants in the air at levels which threaten the health of the occupants. 2. Acceptability Criteria: Dwelling units must be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust and other harmful air pollutants. Air circulation must be adequate throughout the unit. Bathroom areas must have at least one openable window or other adequate exhaust ventilation. Any room used for sleeping must have at least one openable window or other adequate exhaust ventilation. 3. Approved Interpretation: a. The unit shall be free from abnormally high levels of air pollution from vehicular exhaust, sewer gas, fuel gas, dust, or other pollutants. "Abnormally high" means that the levels of noxious gases or other pollutants are consistently present in amounts that would constitute a continuing health hazard to the occupant. b. At least one window in each sleeping area shall be openable to outside air. c. Where openable windows are required, screens shall be provided and kept in good repair. City of Dubuque 6-6-10 6-6-10 d. All water closet compartments, in addition to the required bathroom, shall have at least one openable window or other adequate exhaust ventilation, as per subsection B3c of this section. e. Bathroom windows and other bathroom ventilation systems must vent to the outside of the building. I. Water Supply: 1. Performance Requirement: The water supply must be free from contamination. 2. Acceptability Criteria: The dwelling unit must be served by an approved public or private sanitary water supply that is free from contamination. 3. Approved Interpretations: Upon inspection, all private water systems shall be tested by the city of Dubuque at the expense of the owner. J. Lead Based Paint: 1. Performance Requirement: The dwelling unit must be in compliance with HUD lead based paint regulations, 24 CFR part 982, issued pursuant to the lead based paint poisoning prevention act, 42 USC 4822, and the owner must provide certification that the dwelling is in accordance with such HUD regulations. If the property was constructed prior to 1978, the family upon occupancy must be furnished the notice required by the HUD lead based paint regula- tions and procedures regarding the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. 2. Acceptability Criteria: Same as performance requirement. 3. Approved Interpretations: a. Interior Painted Surfaces: All interior painted surfaces shall be free from loose, flaking or peeling paint, or paint that is in any way noticeably separating from the constructed surface material, where these surfaces are determined to have lead based paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: City of Dubuque 6-6-10 6-6-10 (1) Less than two (2) square feet on an interior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any interior component with a small surface area. A component is an element of a residential structure, identified by type and location, such as an interior wall, interior or exterior windowsill, baseboard, kitchen floor, stair treads or exterior wall. Repainting will be required only when the total area of defective paint is: (A) More than two (2) square feet on an interior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any interior component with a small surface area, i.e., windowsills, baseboards or trim. b. Exterior Painted Surfaces: All exterior painted surfaces shall be free from loose, flaking or peeling paint, where surfaces are determined to have lead based paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: (1) Less than ten (10) square feet on an exterior wall or less than two (2) square feet on any other exterior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any exterior component with a small surface area. Repainting will be required only when the total area of defective paint is: (A) More than ten (10) square feet on an exterior wall or more than two (2) square feet on any other exterior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any exterior component with a small surface area. c. Paint Chips, Particles To Be Removed: Any paint chips, particles, or paint offal of any nature that are generated in the City of Dubuque 6-6-10 6-6-10 processes of paint removal, or in any other manner, shall be collected and removed from all areas of the premises. d. Prepared Surfaces: Paint will be applied only to properly prepared surfaces. e. Definition Of Elevated Blood Level: A confirmed concentration of lead in whole blood of 20 µg/dl (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15-19 µg/dl in two (2) consecutive tests three (3) to four (4) months apart. f. Definition Of Lead Based Paint: A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm2 (milligrams per centimeter squared) as identified by X-ray fluorescence analyzer; or five tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). K. Access: 1. Performance Requirement: The dwelling unit must be usable and capable of being maintained without unauthorized use of other private properties, and the building must provide an alternate means of egress in case of fire (such as fire stairs or egress through windows). 2. Acceptability Criteria: Same as performance requirement. 3. Approved Interpretations: a. Every dwelling unit shall have immediate access to two (2) or more unobstructed means of egress. b. Egress may be into a corridor (interior or exterior), having two (2) separate directions of travel to exits. c. First and second floor windows are considered to be approved means of egress. d. Any habitable room above the second floor must have a second means of egress which must be approved by either the fire marshal or city manager. The egress herein contemplated may include egress through other rooms of the same dwelling unit, provided there are at least two (2) separate means of egress from that floor. City of Dubuque 6-6-10 6-6-10 e. In units in which windows are the approved second means of egress, i.e., in which there is no second door or stairway providing egress, minimum standards for window egress shall apply. Minimum standards for egress windows are as follows: (1) Every sleeping room shall have at least one openable window having a minimum net clear opening of three and one-half (31/2) square feet. (2) The required egress window shall have a minimum net clear opening height dimension of twenty four inches (24") and minimum net clear opening width dimension of twenty inches (20"). (3) The required egress window shall have a finished sill height of no more than forty four inches (44") above the finished floor. (4) Any new or replacement egress windows shall, in addition to meeting the requirements at subsections K3e(1) through K3e(3) of this section, have a minimum net clear opening of five and seven -tenths (5.7) square feet. f. In lieu of meeting the minimum egress window requirements of subsection K3e of this section, an acceptable life safety alternative must be: (1) An exit directly to the outside air from the unit. (2) If the alternative exit is an interior stairway, it must serve only that one unit. (3) If the interior stairway serves more than one unit, it must be enclosed with material having a fire resistive rating of one hour, with fire doors protecting all stairway openings. (4) Any exit corridor serving as access to exits must also have a one hour fire resistive rating. (5) There must be no more than thirty five feet (35') of travel distance to reach the exit, from the entrance door of any dwelling unit. City of Dubuque 6-6-10 6-6-10 L. Site And Neighborhood: 1. Performance Requirement: The site and neighborhood must be reasonably free from disturbing noises and reverberations and other dangers to the health, safety and general welfare of the occupants. 2. Acceptability Criteria: The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps; instability; flooding, poor drainage, septic tank backups or sewage hazards; mudslides; abnormal air pollution, smoke or dust; excessive noise, vibrations or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. 3. Approved Interpretations: No occupant or owner of a dwelling unit shall accumulate any materials in such a manner that may provide a harborage or serve as food for rats. M. Sanitary Conditions: 1. Performance Requirement: The dwelling unit and its equipment must be in sanitary condition. 2. Acceptability Criteria: The dwelling unit and its equipment must be free of vermin and rodent infestation. 3. Approved Interpretations: a. Plumbing fixtures that require traps shall be provided with same. b. Occasional observation of roaches, mice or other vermin shall be considered indicators of possible problems but shall not be considered proof of infestation. N. Smoke Detectors: 1. Performance Requirement: All dwelling units must be provided with operating smoke detectors in accordance with the requirements of the National Fire Protection Association standard (NFPA) 74. If the dwelling unit is occupied by a hearing impaired person, smoke detectors must have an alarm system designed for hearing impaired persons as specified in NFPA 74. 2. Acceptability Criteria: Same as performance requirement. City of Dubuque 6-6-10 6-6-10 3. Approved Interpretations: a. Smoke detectors shall be installed outside of each separate sleeping area, in the immediate vicinity of the bedrooms, and on each additional story of the dwelling unit, including basements and attics, except as noted in subsection N3b of this section. b. Installation of smoke detectors shall not be required in crawl spaces. Installation of smoke detectors in attics shall be required only where occupancy of the attic is allowed according to provisions of this housing code. c. Smoke detectors installed on a story without a sleeping area, and in basements, shall be located in close proximity to the stairway leading to the floor above. Smoke detectors installed in proximity to a stairway shall be positioned so as to intercept smoke originating from the lower level, before the smoke enters the stairway. d. Smoke detectors shall be located so as to assure that smoke cannot be prevented from reaching the detector by an intervening obstruction. e. In split level units (i.e., units with less than one full story separation between levels), installation of a single smoke detector for one level and the adjacent lower level shall meet the requirement of subsection N3a of this section except as noted in subsection N3f of this section. f. Where an intervening door exists between one level and the adjacent lower level, smoke detectors shall be installed on both levels. g. Smoke detectors installed on an open joisted ceiling shall be installed on the bottom of the joist. h. Smoke detectors shall be located on or near the ceiling. In rooms with ceiling slopes greater than one foot (1') rise per eight feet (8'), the detector shall be located on the high side of the room. Smoke detectors shall, when mounted on a wall, be located no Tess than four inches (4") nor no more than twelve inches (12") from the ceiling. The detector shall not be located within four inches (4"), vertical and horizontal measurement, of a ceiling -wall corner. i. In efficiency units and in rooming units, smoke detectors shall be located inside the unit. (2007 Code § 26-10) City of Dubuque 6-6-11 6-6-11 6-6-11: PRIORITY CATEGORY: A. Priority Category Designated: The city manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the housing code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with housing code orders in excess of ninety (90) days without either an extension of time or variance from the housing code appeals board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; 5. Receives a citation for a housing code violation. (Ord. 37-11, 7-18-2011) B. Notice Of Priority Category Status: Whenever the city manager designates a property owner, manager, or licensed real estate professional to be a priority category under subsection A of this section, the city manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and November 2011 City of Dubuque 6-6-11 6-6-12 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the city manager to the housing code appeals board; b. An appeal must be made in writing and filed with the city manager within fourteen (14) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for housing code violations. (Ord. 6-11, 1-18-2011) 6-6-12: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice Of Appeal: A property owner, manager, or licensed real estate professional designated a priority category by the city manager under section 6-6-11 of this chapter may appeal to the housing code appeals board for a reconsideration of such status, provided a notice of appeal is filed with the board within fourteen (14) days of receipt of the notice of the designation. The notice of appeal must include the following: 1. Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing address. November 2011 City of Dubuque 6-6-12 6-6-13 B. Appeal Filing Fee: At the time of filing the notice of appeal, the appellant must pay therewith a filing fee in an amount set by the city manager. If the board reverses the designation, the fee will be fully refunded. C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the board must fix a date, time, and place for hearing the appeal, which may be not less than thirty (30) days nor more than sixty (60) days from the date the appeal was filed with the board unless the appellant agrees to an earlier date for the hearing. Written notice of the time and place of the hearing must be given at least ten (10) days prior to the date of the hearing to the appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appellant's address shown on the notice of appeal. D. Waiver: The failure to file a notice of appeal in accordance with this section constitutes a waiver of the appeal. E. Appeals Process: The conduct of hearing appeals filed with the housing code appeals board is governed by title 2, chapter 1 of this code. F. Appeals Board Action: Following the hearing, the housing code appeals board may, by a majority vote, affirm the designation or reverse the designation. (Ord. 6-11, 1-18-2011) 6-6-13: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manager's designee may order the inspection of any or all properties owned or managed by a priority category. The fee for such inspection will be as set by the city manager. The properties owned or managed by a habitual violator may be put on an accelerated inspection schedule by the city manager or the city manager's designee. If a habitual violator fails to comply with an inspection schedule or pay any inspection fee, the rental license may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. (Ord. 6-11, 1-18-2011) May 2011 City of Dubuque 7-5A-7 7-5A-10 b. Has a gang affiliation; or c. Is in a group of three (3) or more people in a public place without the permission or authority of the adjacent property owner or resident and repeatedly beckons to, stops, or attempts to stop or engage passersby in unsolicited conversation; or repeatedly stops or attempts to stop motor vehicles by yelling, hailing, waving of arms, giving hand signals or other similar bodily gestures, or calling out gang names; or d. Is in a group of three (3) or more people for a period of time longer than fifteen (15) minutes in a public place where disorderly conduct is occurring or has recently occurred; or e. Is making repeated exchanges of packages or money with other persons who stop for short periods of time when none of the parties to the exchange have a valid permit to engage in business or solicitation; or f. Evidences an intent to establish a public place as the territory of a gang including the verbalization of gang names and/or the use of hand signals known to be gang related. (2007 Code § 33-16) 7-5A-8: RINGING OF BELLS OR GONGS: It shall be unlawful for any person within the corporate limits of this city to ring or sound any bell, auction bell, gong, or similar device upon the streets or alleys within the city so as to disturb the peace. (2007 Code § 33-2) 7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful for any person to urinate or defecate in or upon any public or common property including, but not limited to, streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private restrooms or public facilities designated for such purpose. The scheduled fine for a violation of this section shall be fifty dollars ($50.00). (Ord. 54-07, 10-15-2007) 7-5A-10: WEAPONS, FIREARMS AND FIREWORKS: A. Shooting Projectiles: 1. Prohibition: It shall be unlawful for any person within the corporate limits of the city to wilfully or carelessly throw, shoot, or launch any November 2013 City of Dubuque 7-5A-10 7-5A-10 stone, stick, projectile, or other missile in such a manner as to hit, injure, or endanger any person or property. 2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time authorized by the Iowa department of natural resources and issued a permit by the city in accordance with the deer management program adopted by the environmental steward- ship advisory commission and the city council. B. Carrying Concealed Weapon: It shall be unlawful for any person to carry or conceal about their person any slingshot, knuckles of metal or other material, air gun, spring loaded gun, replica firearm represented as a real firearm, or any other weapon other than a knife, when such weapon is represented to be carried for the purpose of protection or use as a weapon. This subsection does not apply to any of the following: (Ord. 21-13, 4-1-2013) 1. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business, or on land owned or possessed by the person. 2. A peace officer, when the officer's duties require the person to carry such weapons. 3. A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person's duties as such. 4. A correctional officer, when the officer's duties require, serving under the authority of the Iowa department of corrections. 5. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. 6. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. (Ord. 10-08, 2-18-2008) November 2013 City of Dubuque 7-5A-10 7-5A-14 signal purposes, or by recognized military organizations is exempt from this subsection. 3. Prohibition: No person shall possess fireworks except as provided in this subsection. (2007 Code § 33-11.1) 7-5A-11: UNAUTHORIZED COMPUTER ACCESS: It shall be unlawful for any person to knowingly and without authorization access a computer, computer system or a computer network. (2007 Code § 33-12) 7-5A-12: CRIMINAL MISCHIEF: It shall be unlawful for any person to damage, deface, alter or destroy any tangible property when done intentionally by one who has no right to so act. (2007 Code § 33-13) 7-5A-13: PROFESSIONAL BOXING ELIMINATION TOURNAMENTS: A. Definitions: For purposes of this section, the following terms shall have the following meanings: ELIMINATION A boxing contest or exhibition in which TOURNAMENT: contestants box one another, two (2) at a time, with one contestant being eliminated from the tournament. This elimination continues, with winners from the various bouts competing, until only one contestant remains undefeated in the weight division. PROFES- SIONAL BOXING: A boxing contest or exhibition, open to the public, for which any principal or contestant is paid. B. Prohibition: No person shall promote, participate in, or allow profes- sional boxing that is part of an elimination tournament within the city. (2007 Code § 33-14) 7-5A-14: UNDERAGE PERSONS ENTERING GAMBLING FACILI- TIES: A. Prohibition: It shall be unlawful for any person under the age of twenty one (21) years to enter or attempt to enter a facility licensed under Iowa Code to operate gambling games. November 2013 City of Dubuque 7-5A-14 7-5A-15 B. Persons Excepted: Subsection A of this section shall not apply to a person under the age of twenty one (21) years who is: 1. An employee of the licensee or performing a contracted service for the licensee at the facility; 2. A public official or employee while at the facility in the perform- ance of such person's official duties; 3. A person going directly to or from an area at the facility specifi- cally designated for activities for persons under the age of twenty one (21) years, if accompanied by a person over the age of twenty one (21) years and if such person first contacts a representative of the licensee. C. Area Or Facility Exempted: Subsection A of this section shall not apply to a facility or that portion of a facility licensed by the state for pari-mutuel gaming. (2007 Code § 33-15) 7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS: A. Restrictions: 1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen (18) years of age. 2. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, or cigarettes. 3. Possession of cigarettes or tobacco products by an individual under eighteen (18) years of age does not constitute a violation under this section if the individual under eighteen (18) years of age possesses the cigarettes or tobacco products as part of the individual's employment and the individual is employed by a person who holds a valid permit under the Iowa Code or who lawfully offers for sale or sells cigarettes or tobacco products. 4. a. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with cigarette and tobacco products laws if any of the following applies: November 2013 City of Dubuque 7-5A-15 7-5A-16 (1) The compliance effort is conducted by or under the super- vision of law enforcement officers. (2) The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of cigarettes or tobacco products by individuals under eighteen (18) years of age does not result from participation by any individual under eighteen (18) years of age in the compliance effort. b. For the purposes of this subsection, "law enforcement officer" means a peace officer as defined in Iowa Code section 801.4 and includes persons designated under this subsection to enforce this section. B. Penalty: 1. a. A person, other than a retailer, who violates subsection Al of this section, is guilty of a simple misdemeanor. b. An employee of a retailer who violates subsection Al of this section, commits a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8C. 2. A person who violates subsection A2 of this section, is subject to the following, as applicable: a. A civil penalty pursuant to Iowa Code section 805.8C. b. For a first offense, performance of eight (8) hours of commu- nity work requirements, unless waived by the court. c. For a second offense, performance of twelve (12) hours of community work requirements. d. For a third or subsequent offense, performance of sixteen (16) hours of community work requirements. (Ord. 22-09, 4-20-2009) 7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED: A. Shotgun Hunting: 1. Permit Issuance; Conditions: Subsections 7 -5A -10A and C of this article notwithstanding, the city manager may issue an annual permit November 2013 City of Dubuque 7-5A-16 7-5A-16 to a property owner for hunting within the corporate limits of the city on the owner's property, if the city manager determines that the property meets the following conditions: a. The property is zoned AG agricultural; b. The property is not Tess than ten (10) contiguous acres or more in size; and c. Allowing hunting on the property will not constitute a danger to public safety. 2. Application: An application to allow hunting shall be filed with the city manager on a form provided by the city manager. The applica- tion must include the following information: a. The name, address and telephone number of the applicant; b. The address where the hunting will take place; c. A site plan shall be a dimension drawing showing the following: (1) North arrow; (2) Property lines; (3) Location of buildings on the subject property and dimen- sions; and (4) Location of buildings on adjacent property, public streets, recreational trails or public waters. Falsification of information on an application is grounds for denial or revocation of a permit. 3. Approval Or Rejection; Permit Term: The city manager shall, upon consideration of the application and the information required herein, approve or reject the application. A permit is valid for a period of one year from the date thereof. 4. Nonrefundable Fee: At the time of filing the application, the appli- cant shall pay to the city a nonrefundable permit fee established by the city manager. November 2013 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assistance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B November 2014 City of Dubuque TITLE 4 (cont.) Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire 7B Adult Entertainment Establish- ments Crime Property 5C Parental Responsibility 5D Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C 8 Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 5 Transit System Transit Advisory Board 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations . 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions Trees And Weeds Fire Prevention Regulations TITLE 7 Police, Fire And Public Safety Police Department Fire Department Emergency Management Alarm System Permits Offenses General Offenses Drug Paraphernalia November 2014 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 7 Registration, Certification Of 8 Title, And Proof Of Security 9 Against Financial Liability Special Antitheft Law Drivers' Licenses Obedience To And Effect Of Traffic Laws Powers Of Local Authorities Operation Pedestrians' Rights And Duties Special Stops Required Miscellaneous Rules School Buses Equipment Size, Weight And Load Parking 1 2 3 4 5 6 7 1 8 2 9 3 10 4 11 5 12 5A 13 5B 14 City of Dubuque TITLE 9 (cont.) Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures 7 Valet Drop Off Parking; Permit Requirements 8 TITLE 11 Rights Of Way Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement .. . Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power And Light Company 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing Electric Transmission Line Companies 6 TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 Airport Commission 4 Airport Zoning Commission 5 Airport Zoning Board Of Adjustment 6 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal .... 2 Discharge Regulations 2A Private Disposal Systems; 3A Private Haulers 2B September 2015 City of Dubuque TITLE 13 (cont) Rates Industrial Pretreatment Program Fats, Oils And Greases (FOG) Program Gas Main Connections Stormwater Management Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A Exterior Storage Containers And Storage Trailers 8 2C Swimming Pools 9 Signs (Rep. by Ord. 52-09, 2D 10-19-2009) 10 Flood Areas 11 2E Erosion And Sediment Control 12 3 Solar Thermal Licenses 13 4 Solar Thermal System Permits And Inspections 14 Water 15 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code 10 Electrical Code 1D Fire Code And Regulations 1 E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving Dangerous Buildings Licensing Of Vacant And/Or Abandoned Buildings Historic Buildings Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) Condominium Conversions And Transfers To Multiple Housing Cooperative September 2015 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions 3 2 Nonconformities 4 3 Zoning Districts 5 Overlay Districts 6 4 Supplemental Use Regulations 7 5 Zoning Board Of Adjustment Applications And Procedures 8 6 Zoning Advisory Commission Applications And Procedures 9 Historic Preservation Commission 7 Applications And Procedures ... 10 City of Dubuque TITLE 16 (cont.) PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque September 2015 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bills 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (In Hundreds Of Cubic Feet) Charge Per Hundred Cubic Feet First 30 $3.36 Next 120 2.74 Next 350 2.53 Next 500 2.24 Next 1,000 1.99 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00447 Next 89,760 0.00365 Next 261,800 0.00340 Next 374,000 0.00301 Next 748,000 0.00264 April 2016 City of Dubuque 13-1C-1 13-1C-1 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) Monthly Consumption (In Hundreds Of Cubic Feet) Monthly Consumption (In Gallons) Minimum Charge 5/8 2 1,496 $ 6.69 3/4 5 3,740 16.72 1 8 5,984 26.75 11/2 26 19,448 86.93 2 46 34,408 143.99 3 106 79,288 307.80 4 168 125,664 473.71 6 368 275,264 982.35 8 625 467,500 1,599.49 A property owner shall pay a fifty dollar ($50.00) disconnect fee for water service that is disconnected by the city for a meter not in ser- vice. When a tenant account is subject to disconnection due to delin- quency, the tenant shall pay the fifty dollar ($50.00) disconnect fee. A fifty dollar ($50.00) service call fee shall be charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A five dollar fifty cent ($5.50) minimum monthly charge shall be assessed for meters not in service. (Ord. 18-15, 3-12-2015, eff. 7-1-2015) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on the monthly average of April 2016 City of Dubuque 13-1C-1 13-1C-2 past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for the particular account. D. Adjustments From Estimated Readings: Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. (2007 Code § 44-201) 13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Current Number Of Heads Monthly Charges Up to 200 (minimum) $20.46 200 - 299 24.55 300 - 399 28.60 400 - 599 32.73 600 - 799 36.78 800 - 999 40.90 1,000 - 1,199 45.00 1,200 - 1,399 49.04 1,400 - 1,599 53.15 1,600 - 1,799 57.24 1,800 - 1,999 61.30 2,000 - 2,199 65.41 2,200 - 2,399 69.49 2,400 - 2,599 73.59 2,600 - 2,799 77.68 2,800 - 2,999 81.85 3,000 - 3,499 85.84 Over 3,500 (for each additional 500 heads or fraction thereof) 4.08 (Ord. 19-15, 3-12-2015, eff. 7-1-2015) April 2016 City of Dubuque 13-1C-3 13-1C-3: CONSTRUCTION USE: 13-1C-4 A. Application For Temporary Water Service; Deposit: When a tempo- rary water service is desired for construction work, application shall be made to the city manager. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. B. Installation Of Meter: The applicant shall thereupon install a suitable meter, furnished by the city, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion of the city manager that placement of a meter is imprac- tical, then the deposit for meter and fittings shall not be required, but a charge, as determined by the city manager, after official publica- tion, shall be made, but under no circumstances shall water be used for sprinkling lawns, wetting down yards or compacting of soil unless a meter has been installed on the service, or arrangements have been made for such usage. D. Water Rate For Various Other Purposes: The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the city manager when application is made for the same at the water office. (2007 Code § 44-203) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after official publication. B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08, 5-5-2008) C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there will be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. April 2016 City of Dubuque 13-2C-1 13-2C-2 CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES SECTION: 13-2C-1: Purpose 13-2C-2: Definitions 13-2C-3: Rates Established 13-2C-4: Areas Not Served By Public System 13-2C-5: Lien For Failure To Pay 13-2C-6: Cost Of Collection 13-2C-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. (2007 Code § 44-82) 13-2C-2: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as follows: CONTRIBUTOR: Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and between the city, commercial establishments, City of Dubuque April 2016 13-2C-2 13-2C-3 SEWAGE TREATMENT PLANT: industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Any and all units of the municipal sewage treat- ment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. WATER The city water department. (2007 Code § 44-81) DEPARTMENT: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water con- sumption on the following rates: A. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identi- fied in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: Rate per each 100 cubic feet $4.61 Rate per each gallon 0.00616 (Ord. 16-15, 3-12-2015, eff. 7-1-2015) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, April 2016 City of Dubuque 13-2C-3 13-2C-3 either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the city for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a man- ner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the city for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. 4. The city council may, in its discretion, when applicable, permit connection to the city sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for city users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the April 2016 City of Dubuque 13-2C-3 13-2C-4 city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circum- stances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/I) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed to the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Feet) Allowance (Gallons) 5/8 $ 9.22 200 1,496 3/4 23.04 500 3,740 1 or larger 36.86 800 5,984 (Ord. 16-15, 3-12-2015, eff. 7-1-2015) 13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are con- structed in areas not now served by a sanitary sewer system, contributors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the city manager. (2007 Code § 44-84) April 2016 City of Dubuque 13-6A-4 13-6A-6 D. Early Placement: All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compli- ance with this chapter shall not be collected by the city and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. (2007 Code § 40-34) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for col- lection as provided in section 13-6A-4 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the city shall become and be the property of the city and it shall be a violation of this section for any person other than authorized personnel of the city to collect, pick up, or cause to be collected or picked up, any such materials. (2007 Code § 40-35) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of thirteen dollars ninety cents ($13.90) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such ser- vices. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon applica- tion to the city manager, be exempted from one-half (1/2) the estab- April 2016 City of Dubuque 13-6A-6 13-6A-6 fished collection charge. After the initial application, annual appli- cation shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropri- ate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hard- ship, as the city manager may deem necessary. 4. Class 1 premises when a family household of five (5) or more per- sons has an annual income equal to or less than the income stan- dards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of thirteen dollars ninety cents ($13.90) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class 11 premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class 111 Premises: 1. A fee of thirteen dollars ninety cents ($13.90) per month shall be paid to the city by the property owner of each class 111 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. April 2016 City of Dubuque 13-6A-6 13-6A-6 2. The owner of a class III premises served by city solid waste col- lection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termina- tion of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1. A yearly subscription for weekly collection of an additional stan- dard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversized, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for stan- dard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II and In premises. The customer shall choose the number and size of the cart. The fee for a sixty four (64) gallon city cart shall be twenty two dollars ($22.00) each per month. The fee for a ninety six (96) gallon city cart shall be thirty three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) April 2016 City of Dubuque 13-6A-6 13-6A-7 weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semi - automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 17-15, 3-12-2015, eff. 7-1-2015) 13-6A-7: CHARGES; BILLING AND COLLECTION: A. City Billing: The city manager is authorized to bill tenants upon the written request of the property owner and according to a procedure April 2016 City of Dubuque 13-6A-7 13-6A-8 to be established by the city manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for city services. In all cases, the property owner shall remain liable for the payment of all charges required by this chapter. B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is subject to the terms of section 13-1C-4 of this title. C. Unpaid Billing For Class I Premises: The collection of solid waste provided class I premises and the maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges speci- fied, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. (Ord. 29-08, 5-5-2008) D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director -city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 56-12, 9-17-2012) 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health or safety hazard. C. Collection Schedule For Yard Waste: Yard waste that has not been composted shall be collected by the city not more than once each week according to the collection schedule established by the city manager. D. Preparation Of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or April 2013 City of Dubuque 13-6A-8 13-6A-8 in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty five dollars ($35.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be eleven dollars ($11.00) per month. 5. The minimum fee paid to the city for collection of a scheduled leaf rake out is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap collection program shall set out city owned carts containing food scraps and other compostable materials. 1. Such carts shall be cocollected with yard waste. The customer shall choose the number and size of the cart(s). April 2013 (see following page) City of Dubuque 13-6A-8 13-6A-9 SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES Customer Class Cart Size Monthly Rates FY13 FY14 Season: April through November: City refuse customers and K - 12 schools 13 gallon $ 0.60 $ 1.00 48 gallon 5.50 8.00 64 gallon 8.50 11.00 Commercial customers without city refuse collection 13 gallon 0.60 4.00 48 gallon 5.50 15.00 64 gallon 8.50 20.00 Season: December through March: City refuse customers and K - 12 schools 13 gallon 4.80 5.20 48 gallon 10.00 12.00 64 gallon 15.00 20.00 Commercial customers without city refuse collection 13 gallon 4.80 10.40 48 gallon 10.00 24.00 64 gallon 15.00 32.00 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. F. Deposits In Public Rights Of Way Prohibited: No person shall deposit any yard waste or food scraps in any public right of way. (Ord. 13-13, 2-28-2013, eff. 7-1-2013) 13-6A-9: PRIVATE COLLECTION SERVICE: A. License Required: No person shall engage in the business of removing or hauling solid waste from the premises of another person without a license to do so from the city manager. The issuance of such license shall be in the manner prescribed and subject to the terms of title 4, chapter 1 of this code. (2007 Code § 40-46) April 2013 City of Dubuque 13-6A-9 13-6A-9 B. Application For License; Fee: Application for such license shall specify the type of equipment and vehicles to be used, the routes to be traveled, the places to be served and the name and residence of the applicant. Such person shall pay, at the office of the city treasurer, an annual license fee of twenty five dollars ($25.00) per year for each vehicle engaged in such business. (2007 Code § 40-47) C. Display Of License Number On Vehicle: No person shall operate a vehicle licensed under this section unless the license number is prominently displayed on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of issue. (2007 Code § 40-48) D. Separability Of Provisions: It is the intention of the city council that each subsection, paragraph, sentence, clause and provision of this section is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section nor any part thereof other than that affected by such decision. (2007 Code § 40-50) April 2013 City of Dubuque TITLE 14 BUILDING AND DEVELOPMENT Subject Chapter Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code 1C Electrical Code 1D Fire Code And Regulations 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demolition And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control 12 Solar Thermal Licenses 13 Solar Thermal System Permits And Inspections . 14 Water 15 September 2015 City of Dubuque -A- -A- ALARM SYSTEM PERMITS (cont.) Prohibited Acts 7-4-9 Revocation Of Permit 7-4-5 Service Charges 7-4-6 ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A AMBULANCES Ambulance Service Rates 6-3-1 Service Area 6-3-2 AMENDMENTS Building Codes 14-1A-2 City Code 1-1-2 Electrical Code 14-1D-2 Energy Conservation Code 14-1C-2 Fire Code 14-1E-2 Mechanical Code 14-1F-2 Plumbing Code 14-1H-2 Residential Code 14-1B-2 Zoning 16-14-6 ANIMAL CONTROL Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7 Dangerous Animals Definitions 7-6D-1 Dogs, Cats Exempted 7-6D-2 Exceptions To Keeping And Licensing Restrictions 7-6D-4 General Prohibition And Duty 7-6D-6 Keeping Of Dangerous Animals Restricted 7-6D-3 Regulations For Keeping 7-6D-5 Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-7 Dogs And Cats Definitions 7-6B-1 Directing Dog With Malicious Intent 7-6B-8 Female Dogs In Season 7-6B-6 Harboring Vicious Dog Or Cat 7-6B-4 Impoundment, Redemption And Disposition Of Unclaimed Animals 7-6B-10 Keeping Cats Or Dogs On Unoccupied Residential Property Prohibited 7-6B-3 Licensing; Tags And Fees 7-6B-2 Nuisance 7-6B-5 Running At Large 7-6B-7 Use Of Dog In Illegal Activity Prohibited 7-6B-9 Miscellaneous Provisions Restrictions On Maintaining Livestock 7-6A-2 Sale Of Baby Chickens And Ducklings 7-6A-1 Storage Of Animal Food 7-6A-3 Nuisance Conditions 6-4-3 January 2015 City of Dubuque -A- -B- ANIMAL CONTROL (cont.) Potentially Vicious Dogs Definition 7-6E-1 Disposition Of Potentially Vicious Dog 7-6E-5 Exceptions To Classification 7-6E-4 Notification Of Status Of Potentially Vicious Dog 7-6E-3 Procedure For Declaration Of Potentially Vicious Dog 7-6E-2 Rabies Control Confinement Authorized 7-6C-2 Notification To Police Or City Manager Of Dead Animals 7-6C-4 Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-6 Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-5 Reporting Rabies; Notice To City Manager 7-6C-3 Vaccination Required 7-6C-1 APPEALS (See Also HEARINGS AND APPEALS) 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Commission Created 2-8-1 Compensation 2-8-11 Cooperation With Other Agencies 2-8-14 Internal Organization And Rules 2-8-3 Meetings 2-8-10 Membership 2-8-5 Oath 2-8-6 Officers/Organization 2-8-9 Powers 2-8-13 Procedures For Operation 2-8-4 Purpose 2-8-2 Removal 2-8-12 Solicitation And Acceptance Of Donations 2-8-15 Terms 2-8-7 Vacancies 2-8-8 ASSEMBLIES (See Also PARADES, ASSEMBLIES AND SPECIAL EVENTS) 10-4 ATTORNEY, CITY 1-7-6 B BEER (See Also LIQUOR CONTROL) 4-2B BICYCLES Abandoned, Unlicensed, And Unattended Bicycles 7-7-19 Altering, Counterfeiting Of Registration Sticker Or Decal Prohibited 7-7-35 January 2015 City of Dubuque -B- -B- BICYCLES (cont.) Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Parking Required 16-14-9 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Parking Lot Provisions For Bicycle Parking 16-13-3-5-1 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-4 Airport Zoning Board Of Adjustment 12-6 Airport Zoning Commission 12-5 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Building Code And Advisory Appeals Board 14-1A-6 Cable Television Commission 2-11 Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Electrical Code Board 14-1D-3 December 2015 City of Dubuque BOARDS AND COMMISSIONS (cont.) Environmental Stewardship Advisory Commission 2-6 Hearings And Appeals 2-1 Historic Preservation Commission 16-10 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Code Appeals Board 6-6-8 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Park And Recreation Advisory Commission 10-5A-2 Plumbing Code Board 14-1H-7 Sister City Relationships Advisory Commission 2-9 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 BUILDING AND DEVELOPMENT Building Codes 14-1 Accessibility Code For Readily Achievable Changes 14-11 Building Code And Regulations 14-1A Electrical Code 14-1D Energy Conservation Code 14-1C Fire Code And Regulations 14-1E Fuel Gas Code 14-1G Mechanical Code 14-1F Plumbing Code 14-1H Residential Code 14-1B December 2015 City of Dubuque -c- -c- CENTRAL MARKET (cont.) Revocation Of Permit 4-4-6 Traffic Regulations 4-4-8 Weights And Measures 4-4-10 CHARTER Citation As Charter 1-5-2 Form Of Government 1-5-3 Powers And Duties 1-5-4 Purpose 1-5-1 CITY ATTORNEY 1-7-6 CITY CLERK AND ASSISTANT CITY CLERK 1-7-5 CITY CODE (See Also DUBUQUE CITY CODE) 1-1 CITY COUNCIL (See Also MAYOR AND CITY COUNCIL) 1-6 CITY MANAGER 1-7-4 CITY OFFICERS AND EMPLOYEES (See Also OFFICERS AND EMPLOYEES, CITY) 1-7 CIVIC CENTER ADVISORY COMMISSION Commission Created 2-4-1 Compensation 2-4-11 Internal Organization And Rules 2-4-3 Meetings 2-4-10 Membership 2-4-5 Oath 2-4-6 Officers/Organization 2-4-9 Powers 2-4-13 Procedures For Operation 2-4-4 Purpose 2-4-2 Removal 2-4-12 Solicitation And Acceptance Of Donations 2-4-14 Terms 2-4-7 Vacancies 2-4-8 CIVIL RIGHTS, ENFORCEMENT OF (See Also HUMAN RIGHTS) 8-4 CIVIL SERVICE COMMISSION City Council To Furnish Meeting Room, Equipment, Recorder 2-2-14 Commission Created 2-2-1 Compensation 2-2-11 Conduct Of Examinations; Certification Of Qualified Persons 2-2-17 Examination Of Applicants 2-2-16 Internal Organization And Rules 2-2-3 Meetings 2-2-10 Membership 2-2-5 Oath 2-2-6 Officers/Organization 2-2-9 Powers 2-2-13 Procedure For Conduct Of Hearing Appeals 2-2-18 December 2015 City of Dubuque -c- -c- CIVIL SERVICE COMMISSION (cont.) Procedures For Operation 2-2-4 Purpose 2-2-2 Record Of Meetings And Personnel 2-2-15 Removal 2-2-12 Terms 2-2-7 Vacancies 2-2-8 CLERK, CITY 1-7-5 CODES, STATE STATUTES ADOPTED Building Codes 14-1A-1 Cable Customer Service Obligations, State Statute 11-3E-1 Electrical Code 14-1D-1 Energy Conservation Code 14-1C-1 Federal Aviation Regulations 12-2-2 Food And Consumer Safety, State Administrative Code 6-2-1 Food Establishments And Food Processing Plants, State Statute 6-2-1 Fuel Gas Code 14-1G-1 Home Food Establishments, State Statute 6-2-1 Hotel Sanitation Code, State Statute 6-2-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-1 Swimming Pools And Spas, State Statute 14-9-6 Tattooing 6-1-1 COMMERCIAL ZONING DISTRICTS 16-5-10 — 16-5-17 COMMISSIONS (See Also BOARDS AND COMMISSIONS) Title 2 COMMUNITY DEVELOPMENT ADVISORY COMMISSION (See Also HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION) 2-5C COMPENSATION AND SALARIES Airport Commission 12-4-11 Airport Zoning Board Of Adjustment 12-6-11 Airport Zoning Commission 12-5-11 Arts And Cultural Affairs Advisory Commission 2-8-11 Board Of Library Trustees 2-7-3 City Council 1-6-2 Civic Center Advisory Commission 2-4-11 Civil Service Commissioners 2-2-11 Community Development Advisory Commission 2 -5C -2D Environmental Stewardship Advisory Commission 2-6-11 Housing Commission 2-5B-11 Long Range Planning Advisory Commission 15-2-11 Mayor 1-6-2 Park And Recreation Advisory Commission 10 -5A -2H Sister City Relationships Advisory Commission 2-9-11 Transit Advisory Board 5-1-11 December 2015 City of Dubuque (' -c- COMPREHENSIVE PLAN (See AIso PLANNING AND ZONING) 15-1 CONDOMINIUM CONVERSIONS AND TRANSFERS TO MULTIPLE HOUSNG COOPERATIVE Condominium Conversions 14-7-1 Building Code Requirements 14-7-1-1 Filing Declaration With City Clerk 14-7-1-2 Inspection; Certificate Of Compliance 14-7-1-3 City of Dubuque December 2015 -F- -G- FUEL GAS CODE Fuel Gas Code Adopted 14-1G-1 Fuel Gas Code Amendments 14-1G-2 FUNERAL PROCESSIONS 9-7-321.324A G GARBAGE (See Also SOLID WASTE) 13-6 GAS FRANCHISE Acceptance Of Ordinance 43-93 11-4-25 Accessions To Franchise 11-4-6 Acquisition At Expiration 11-4-22 Adoption 11-4-24 Cure Of Defaults 11-4-20 Definitions 11-4-1 Excavations And Other Works 11-4-4 Extension Of Service 11-4-11 Forfeiture Of Franchise 11-4-17 Franchise Fee 11-4-23 Grant Of Franchise 11-4-2 Indemnification 11-4-15 Maps Of Distribution System 11-4-14 Nonassignment 11-4-16 Rates 11-4-12 Regulatory Review 11-4-8 Relocation Of Pipes, Conduit And Services 11-4-5 Reports To City Council 11-4-13 Representation Of Company 11-4-7 Reservation Of Home Rule Powers 11-4-21 Reserved Regulatory Rights 11-4-9 Revival 11-4-19 Severability 11-4-18 Street Usage 11-4-3 Technological Changes 11-4-10 GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) 13-3 GENERAL OFFENSES (See Also OFFENSES) 7-5 GENERAL PENALTY, CITY CODE Civil Penalty 1-4-2 General Penalty 1-4-1 City of Dubuque -H- -H- H HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS Cleanup Required 6-7-3 Definitions 6-7-2 Liability For Cleanup Costs 6-7-4 Notification Of Hazardous Conditions 6-7-5 Penalty 6-7-7 Police Authority 6-7-6 Purpose 6-7-1 Separability Of Provisions 6-7-8 HEALTH AND SAFETY REGULATIONS Tattooing, State Code Adopted 6-1-1 HEALTH, HOUSING, SANITATION AND ENVIRONMENT Ambulances 6-3 Fire Prevention Regulations 6-9 Food Establishments And Hotel Sanitation 6-2 Hazardous Waste, Substances And Conditions 6-7 Health And Safety Regulations 6-1 Housing Regulations 6-6 Noises 6-5 Nuisances 6-4 Trees And Weeds 6-8 HEARINGS AND APPEALS Conduct Of Hearing 2-1-5 Evidentiary Hearings By City Council 1-9 Form Of Notice Of Hearing 2-1-3 General Provisions 2-1-2 Method And Form Of Decision 2-1-6 Purpose And Intent 2-1-1 Subpoenas 2-1-4 HISTORIC BUILDINGS Administration And Enforcement 14-5-2 Alternate Accessibility Requirements 14-5-7 Alternate Electrical Requirements 14-5-9 Alternate Mechanical Requirements 14-5-8 Alternate Structural Requirements 14-5-6 Building Evaluation Method 14-5-4 Definitions 14-5-3 Miscellaneous Building Requirements 14-5-5 Purpose, Scope And Application 14-5-1 Totally Preserved Buildings Used As Historical Exhibits 14-5-10 HISTORIC PRESERVATION (See Also UNIFIED DEVELOPMENT CODE) 16-10 HOME BASED BUSINESSES 16-7-1 City of Dubuque -H- -H- HOTEL AND MOTEL TAX Definitions 3-3-1 Levy 3-3-2 Payment 3-3-3 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION 2-5 Community Development Advisory Commission Commission Created; Composition 2-5C-1 General Duties And Responsibilities 2-5C-4 Grievance Procedure; Review Standards; Appeal Process 2-5C-5 Organization 2-5C-3 Procedures For Operations 2-5C-6 Term; Filling Of Vacancies; Compensation 2-5C-2 Housing Commission Commission Created 2-5B-1 Compensation 2-5B-11 Internal Organization And Rules 2-5B-3 Meetings 2-5B-10 Membership 2-5B-5 Monitor Housing Program; Conduct Hearings On Grievances 2-5B-15 Oath 2-5B-6 Officers/Organization 2-5B-9 Powers 2-5B-13 Procedures For Operation 2-5B-4 Project Approval 2-5B-14 Purpose 2-5B-2 Removal 2-5B-12 Terms 2-5B-7 Vacancies 2-5B-8 Trust Fund Advisory Committee Financial Management 2-5D-3 Funding 2-5D-5 Housing Trust Fund Advisory Committee 2-5D-6 Iowa Finance Authority State Housing Trust Fund Program 2-5D-7 Purpose 2-5D-2 Trust Fund Administration 2-5D-4 Trust Fund Established 2-5D-1 HOUSING COMMISSION 2-5B HOUSING REGULATIONS Definitions 6-6-2 Enforcement 6-6-3 Enforcement Of Order Of City Manager 6-6-5 Housing Code Appeals Board 6-6-8 December 2015 City of Dubuque -H- -H- HOUSING REGULATIONS (cont.) Housing Standards 6-6-10 Inspection Of Properties Owned By Priority Category 6-6-13 Licenses And Inspections 6-6-7 Notices And Orders 6-6-4 Performance Of Work To Repair Or Demolish; Other Costs 6-6-6 Priority Category 6-6-11 Procedure For Hearing Appeal 6-6-9 Procedure For Hearing Appeal Of Priority Category Status 6-6-12 Title; Legislative Findings; Purposes; Scope 6-6-1 HUMAN RIGHTS Definitions; General Provisions Definitions 8-1-1 Enforcement Of Civil Rights Amendments Of Complaints 8-4-2 Commission Orders 8-4-6 Commission Proceedings Upon Failure To Reach Settlement By Conciliation 8-4-5 Commission Staff Proceedings On Complaints 8-4-4 Filing Complaints 8-4-1 Judicial Review; Enforcement Actions 8-4-9 Provisional Remedies 8-4-8 Release From Administrative Process; Alternative Judicial Proceedings Upon Complaints 8-4-7 Rule Of Construction 8-4-10 Time Limitation For Filing Complaint 8-4-3 Fair Housing Administrative Enforcement; Preliminary Matters 8-5-6 Cooperation With State And Federal Agencies 8-5-14 Definitions 8-5-1 Disclaimer Of Preemptive Effect 8-5-17 Discrimination In Provision Of Brokerage Services 8-5-5 Discrimination In Residential Real Estate Related Transactions 8-5-4 Enforcement By City Attorney's Office 8-5-13 Enforcement By Commission 8-5-9 Enforcement By Private Persons 8-5-12 Exemptions 8-5-3 Interference, Coercion Or Intimidation; Enforcement By Civil Action 8-5-15 Judicial Review 8-5-11 Probable Cause Determination And Effect 8-5-7 Prohibitions 8-5-2 Review By Commission; Service Of Final Order 8-5-10 Subpoenas; Giving Of Evidence 8-5-8 Violations; Bodily Injury; Death; Penalties 8-5-16 December 2015 City of Dubuque -H - HUMAN RIGHTS (cont) Human Rights Commission Commission Created 8-2-1 Compensation 8-2-11 Confidentiality Of Complaints 8-2-15 Internal Organization And Rules 8-2-3 Meetings 8-2-10 Membership 8-2-5 Oath 8-2-6 Officers; Organization 8-2-9 Powers 8-2-13 Procedures For Operation 8-2-4 Purpose 8-2-2 Records To Be Public; Exceptions 8-2-14 Removal 8-2-12 Subpoenas 8-2-16 Terms 8-2-7 Vacancies 8-2-8 Unfair And Discriminatory Practices Accommodations Or Services 8-3-2 Credit 8-3-4 Disability Discrimination Construction 8-3A-3 Defenses, Exemptions And Exclusions 8-3A-2 Employment Prohibited Practices 8-3A-1 Illegal Use Of Drugs And Alcohol 8-3A-4 New Construction And Alteration Of Public Accommodations 8-3A-6 Public Accommodations; Prohibited Practices 8-3A-5 Education 8-3-5 Employment Practices 8-3-3 Generally 8-3-1 ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM (See Also PUBLIC UTILITIES) 13-5 INDUSTRIAL PROJECTS (See Also ECONOMIC DEVELOPMENT) 3-4A INDUSTRIAL ZONING DISTRICTS 16-5-18, 16-5-19, 16-5-20 INFRACTION (See Also GENERAL PENALTY, CITY CODE) 1-4 INTERNATIONAL CODES ADOPTED Building Codes 14-1A-1 Energy Conservation Code 14-1C-1 December 2015 City of Dubuque -1- -L- INTERNATIONAL CODES ADOPTED (cont.) Fire Code 14-1E-1 Fuel Gas Code 14-1G-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-2 INVESTMENT OVERSIGHT ADVISORY COMMISSION Commission Created 2-3-1 Compensation 2-3-11 Internal Organization And Rules 2-3-3 Meetings 2-3-10 Membership 2-3-5 Oath 2-3-6 Officers; Organization 2-3-9 Powers 2-3-13 Procedures For Operation 2-3-4 Purpose 2-3-2 Removal 2-3-12 Reports Provided 2-3-14 Terms 2-3-7 Vacancies 2-3-8 J JUNK AND AUTO SALVAGE DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6B K L LAND USE (See Also UNIFIED DEVELOPMENT CODE) Title 16 LICENSE REGULATIONS (See Also BUSINESS AND LICENSE REGULATIONS) Title 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS (See Also BUILDING AND DEVELOPMENT) 14-4 December 2015 City of Dubuque -L- -M- LIQUOR CONTROL Alcoholic Beverages Advertisement For Alcohol, Liquor, Wine Or Beer 4-2A-5 Buffet Sales Prohibited 4-2A-9 Consumption In Public Places 4-2A-6 Definitions 4-2A-2 Notice Of Violation Upon Issuance Of Citation 4-2A-8 Persons Under Legal Age 4-2A-7 Prohibited In Adult Entertainment Establishments 4-8-16E Prohibited Sales And Acts 4-2A-3 Purpose Of Chapter 4-2A-1 Sunday Sales 4-2A-4 Intoxicating Beverages In Parks 10-5B-2 Liquor, Beer And Wine Licenses And Permits Action By Council; Forwarding Of Documents To State 4-2B-9 Application; Bond 4-2B-3 Application For Renewal 4-2B-14 Effect Of Revocation 4-2B-18 Fees And Surcharges 4-2B-8 Hearing 4-2B-17 Investigation Of Applicant And Premises 4-2B-5 License Or Permit Required 4-2B-1 Nature And Scope Of License Or Permit 4-2B-10 Persons Eligible 4-2B-4 Proof Of Financial Responsibility 4-2B-7 Requirement For Premises 4-2B-6 Separate Permits Required For Separate Locations 4-2B-2 Surrender Of Permit Or License; Refund Of Fee 4-2B-12 Suspension And Revocation Generally; Grounds 4-2B-15 Suspension And Revocation; Notification; Specific Terms 4-2B-16 Term Of License Or Permit; Seasonal Licenses And Permits 4-2B-13 Transferability As To Location 4-2B-11 Open Containers In Motor Vehicles 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A LITTERING 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) 7-6 LONG RANGE PLANNING ADVISORY COMMISSION 15-2 M MAILBOXES General 10-3F-1 Nuisance 10-3F-4 December 2015 City of Dubuque -M- -M- MAILBOXES (cont.) Permit 10-3F-2 Placement And Design 10-3F-3 MANAGER, CITY 1-7-4 MAYOR AND CITY COUNCIL Compensation 1-6-2 Composition; Terms 1-6-1 Emergency Succession For Mayor And Council Members 1-6-4 Evidentiary Hearings By City Council 1-9 Mayor Pro Tem 1-6-3 Rules And Procedure Amendments To Motions 1-6A-8 Attendance Of Media At Council Meetings 1-6A-5 Chart Of Preference Of Motions 1-6A-9 Committees, Boards And Commissions Established 1-6A-13 General Rules 1-6A-2 Motions 1-6A-7 Motions For Special Purposes 1-6A-10 Order Of Business And Agenda 1-6A-11 Ordinances, Resolutions And Motions 1-6A-12 Presiding Officer 1-6A-6 Purpose 1-6A-1 Records 1-6A-4 Rights Of Public 1-6A-14 Suspension Of Rules 1-6A-15 Types Of Meetings 1-6A-3 MECHANICAL CODE Fees 14-1F-3 International Mechanical Code Adopted 14-1F-1 International Mechanical Code Amendments 14-1F-2 MEETINGS Airport Commission 12-4-10 Airport Zoning Board Of Adjustment 12-6-10 Airport Zoning Commission 12-5-10 Arts And Cultural Affairs Advisory Commission 2-8-10 Cable Television Commission 2-11-10 City Council 1-6A-3 Civic Center Advisory Commission 2-4-10 Civil Service Commission 2-2-10 Environmental Stewardship Advisory Commission 2-6-10 Historic Preservation Commission 16-10-1J Housing Commission 2-5B-10 Investment Oversight Advisory Commission 2-3-10 Long Range Planning Advisory Commission 15-2-10 Park And Recreation Advisory Commission 10-5A-2 Sister City Relationships Advisory Commission 2-9-10 December 2015 City of Dubuque -M- -M- MEETINGS (cont.) Transit Advisory Board 5-1-10 Zoning Advisory Commission 16-9-3B MINORS Adult Entertainment Establishments, Minors Prohibited In 4-8-16F Alcoholic Beverages, Regulations Regarding 4-2A-7 Child Restraints In Vehicles 9-12-321.446 Junk Dealers And Auto Salvage Dealers, Purchases From Minors Restricted 4 -6B -11A Parental Responsibility For 7-5D Pawnbrokers And Secondhand Dealers, Purchases From Minors Restricted Social Host Responsibility Tobacco Products To Underage Persons Underage Persons Entering Gambling Facilities MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License Operation Without Registration 4-6A-12 7-5E 7-5A-15 7-5A-14 1-4 9-4-321.174A 9-4-321.98 Operator's License; Operation Of Commercial Motor Vehicles 9-4-321.174 Restricted Licenses 9-4-321.193 Licensees And Nonoperators Identification Cards; Violations Employing Unlicensed Chauffeur 9-4-321.221 Inspection Of License Prior To Renting 9-4-321.223 December 2015 City of Dubuque -P- -P- POLICE, FIRE AND PUBLIC SAFETY (cont.) General Offenses 7-5A Parental Responsibility 7-5D Police Department 7-1 PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES Distance From Buildings 11-6-7 Grant Of License 11-6-1 Licensee Fee 11-6-2 Manner Of Construction 11-6-6 Nonuse; Revocation Of License; Extensions Of Time 11-6-8 Petition 11-6-4 Petition For License; Informational Meetings Held 11-6-3 Public Hearing 11-6-5 Wires Across Railroad Right Of Way At Highways 11-6-9 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BMPs 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 June 2015 City of Dubuque -P- -R- PUBLIC UTILITIES (cont.) Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 Water Use And Service 13-1 Connections 13-1A Cross Connection Control 13-1D Rates 13-1C Water Meters 13-1B PUBLIC WAYS AND PROPERTY Boats, Boating And Waterfront Structures 10-7 Encroachments On Public Places 10-3 Mailboxes 10-3F Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C Sidewalk Cafes 10-3E Waste Collection Receptacles 10-3A Excavations 10-2 Parades, Assemblies And Special Events 10-4 Parks And Recreation 10-5 Administration 10-5A Specific Parks, Open Spaces And Trails 10-5C Use Regulations 10-5B Railroads 10-6 Streets, Sidewalks And Other Public Places 10-1 Valet Drop Off Parking; Permit Requirements 10-8 Q R RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C RAILROADS Maintenance Of Crossings, Rights Of Way 10-6-3 Parking Near Certain Streets Prohibited 10-6-5 Speed Restrictions 10-6-1 June 2015 City of Dubuque -R- -R- RAILROADS (cont.) Unlawful Deposits 10-6-2 Use Of Certain Track As Team Track Restricted 10-6-4 RECKLESS DRIVING 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted 14-1B-1 International Residential Code Amendments 14-1B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6 RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) REVENUE AND TAXATION Economic Development Industrial Projects 3-4A Residential Relocation Assistance Program 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 3-4C Hotel And Motel Tax 3-3 Property Tax 3-1 Revitalization Areas 3-2 REVITALIZATION AREAS Cathedral 3-2-9 Jackson Park 3-2-2 Kunkel And Associates 3-2-10 Langworthy 3-2-7 Old Main 3-2-8 Purpose 3-2-1 Stout Place 3-2-6 Upper Main 3-2-5 Washington Street 3-2-4 West Eleventh Street 3-2-3 RIGHTS OF WAY Cable Right Of Way Regulations 11-2 Cable Communications 11-2A Open Video Systems 11-2B Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Services Customer Service Standards 11-3E Rates And General Regulations 11-3D Electric Franchises 11-5 Interstate Power And Light Company 11-5A Maquoketa Valley Electric Cooperative 11-5B Gas Franchise 11-4 Nonfranchised Communications Systems Amendment To License 11-1-5 Application For License 11-1-3 June 2015 City of Dubuque -R- -S- RIGHTS OF WAY (cont.) Construction Of Chapter 11-1-16 Definitions 11-1-1 Failure To Secure, Renew Or Comply With License 11-1-11 Granting Of License 11-1-4 Hold Harmless; Insurance; Bond 11-1-10 License Fees 11-1-8 License Required 11-1-2 Notice; Appeal 11-1-15 Police Regulations 11-1-17 Regulations 11-1-6 Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 Undergrounding 11-1-14 Use Of Poles 11-1-13 Procedure For Licensing Electric Transmission Line Companies 11-6 RUNNING AT LARGE, ANIMALS 7-6B-7 S SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES .. 9-12-321.445 SALARIES (See COMPENSATION AND SALARIES) SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6A SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 June 2015 City of Dubuque -s- -s- SEWERS AND SEWAGE DISPOSAL (cont.) Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 June 2015 City of Dubuque -S- -S- SEWERS AND SEWAGE DISPOSAL (cont.) Special Agreements Authorized 13-2A-5 Testing Standards 13-2A-8 Fats, Oils And Greases (FOG) Program Abatement Remedies; Penalties 13-2E-9 Application 13-2E-4 Definitions 13-2E-2 Emergency Abatement Procedure 13-2E-10 Fats, Oils And Greases (FOG) Program Developed 13-2E-6 Inspection Fee 13-2E-7 Permit 13-2E-3 Permit Fee 13-2E-5 Purpose 13-2E-1 Violation 13-2E-8 Industrial Pretreatment Program Abbreviations 13-2D-3 Accidental Discharge/Slug Control Plan 13-2D-8 Administration; Permit Requirements; Regulations 13-2D-11 Definitions 13-2D-2 Enforcement; Violation Notice; Hearing 13-2D-12 Excessive Discharge 13-2D-7 Federal Categorical Pretreatment Standards 13-2D-5 Fees And Charges 13-2D-10 General Discharge Prohibitions 13-2D-4 Notice Of Potential Problems Including Slug Loadings 13-2D-9 Penalty; Costs 13-2D-13 Purpose And Policy 13-2D-1 Specific Pollutant Limitations 13-2D-6 Notice Of Violation; Time Limit For Correction 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System 13-2B-5 Appeals From Orders Of City Manager 13-2B-7 Connections To Private Treatment And Disposal Systems 13-2B-3 Issuance Of Permit; Inspection; Completion Of Installation 13-2B-2 Permit Required; Application, Form And Fee 13-2B-1 Private Disposal Facilities Not Expense To City 13-2B-4 Private Haulers 13-2B-8 Right Of Entry For Inspection And Testing 13-2B-6 Rates Areas Not Served By Public System 13-2C-4 Cost Of Collection 13-2C-6 Definitions 13-2C-2 Lien For Failure To Pay 13-2C-5 December 2015 City of Dubuque -S- -s- SEWERS AND SEWAGE DISPOSAL (cont.) Purpose 13-2C-1 Rates Established 13-2C-3 Sanitary Sewer Connection Fees 13-2-7 SIDEWALKS (See Also STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) 10-1 SIGNS (See Also UNIFIED DEVELOPMENT CODE) 16-15 SISTER CITY RELATIONSHIPS ADVISORY COMMISSION Commission Created 2-9-1 Compensation 2-9-11 Internal Organization And Rules 2-9-3 Meetings 2-9-10 Membership 2-9-5 Oath 2-9-6 Officers/Organization 2-9-9 Powers 2-9-13 Procedures For Operation 2-9-4 Purpose 2-9-2 Removal 2-9-12 Terms 2-9-7 Vacancies 2-9-8 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10-1-3 SOLAR THERMAL LICENSES Application Approval 14-13-5 Contents 14-13-4 Definition 14-13-1 Exemption 14-13-7 License Application 14-13-3 Renewal 14-13-6 Licenses 14-13-2 SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS Definition 14-14-1 Heat Transfer Fluid 14-14-9 Inspections Required 14-14-4 Liquid Systems 14-14-6 Monitoring 14-14-7 Permit Application 14-14-3 Required 14-14-2 Rating 14-14-10 Shading Of Solar Collectors 14-14-5 Use Of Wood In Solar Collection Systems 14-14-8 December 2015 City of Dubuque