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.
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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.
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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
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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)
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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
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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)
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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.
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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-
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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.
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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)
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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.
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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.
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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,
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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.
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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.
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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.
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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:
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(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.
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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.
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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;
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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-
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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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
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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.
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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.
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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
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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
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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
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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
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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
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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