Ordinance 52-06OFFICIAL PUBLICATION
ORDINANCE NO. 52-06
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 33,
OFFENSES AND MISCELLANEOUS PROVISIONS BY ADOPTING A NEW ARTICLE
VII, LICENSING OF VACANT AND ABANDONED BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Chapter 33 of the City of Dubuque Code of Ordinances is
amended by adding the following new article:
Article VII Licensing of Vacant and Abandoned Buildings
Sec. 33-108. Definitions:
For the purpose of this article, certain terms, phrases, words and their
derivatives shall be construed as specified in either this article or as
specified in the building code or the housing code. Where terms are not
defined, they shall have their ordinary accepted meanings within the
context in which they are used. Unless otherwise expressly stated or
unless the context clearly indicates a different intent, the following terms
shall, for the purpose of this article, have the following meanings:
(1) Abandoned Building: Any building or portion thereof which has
stood with an incomplete exterior shell for six (6) months or longer
or any building or portion thereof which is unoccupied and which
meets one or more of the following criteria:
a. Is unsecured; or
b. Is in violation of the City of Dubuque Housing Code, Building
Code or Fire Code.
(1) Building Code: The International Building Code promulgated by
the International Code Council, as adopted in Section 11-1 of the City
of Dubuque, Code of Ordinances.
(2) City Manager: Includes the City Manager's designee.
(3) Dangerous Building. Any building or structure which has any or
all of the conditions or defects hereinafter described, provided that
such conditions or defects exist to the extent that the life, health,
property or safety of the public or the occupants of the building are
endangered:
a. Whenever any door, aisle, passageway, stairway or other means
of exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
b. Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is warped, worn, loose, torn or otherwise
unsafe as to not provide safe and adequate means of exit in case
of fire or panic.
c. Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one and one-half (1
1/2) times the working stress or stresses allowed on the building
code for new buildings of similar structure, purpose or location.
d. Whenever any portion thereof has been damaged by fire,
earthquake, wind, flood or by any other cause, to such an extent
that the structural strength or stability thereof is materially less
than it was before such catastrophe and is less than the minimum
requirements of the building code for new buildings of similar
structure, purpose or location.
e. Whenever any portion or member or appurtenance thereof is
likely to fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage property.
f. Whenever any portion of a building, or any member,
appurtenance or ornamentation on the exterior thereof is not of
sufficient strength or stability, or is not so anchored, attached or
fastened in place so as to be capable of resisting a wind pressure
of one half of that specified in the building code for new buildings
of similar structure, purpose or location without exceeding the
working stresses permitted in the building code for such
buildings.
g. Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is
required in the case of similar new construction.
h. Whenever the building or structure, or any portion thereof, is
likely to partially or completely collapse because of:
i. dilapidation, deterioration or decay;
ii. faulty construction;
iii. the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such
building;
iv. the deterioration, decay or inadequacy of its foundation; or
v. any other cause.
a. Whenever, for any reason, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it
is being used.
b. Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing
through the center of gravity does not fall inside the middle one
third of the base.
c. Whenever the building or structure, exclusive of the foundation,
shows thirty-three (33) percent or more damage or deterioration
of its supporting member or members, or fifty (50) percent
damage or deterioration of its non-supporting members,
enclosings or outside walls or coverings.
d. Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or
deteriorated as to become (a) an attractive nuisance to children;
(b) a harbor for vagrants or criminals, or as to (c) enable persons
to resort thereto for the purpose of committing unlawful acts.
e. Whenever any building or structure has been constructed, exists
or is maintained in violation of any specific requirement or
prohibition applicable to such building or structure provided by
the building regulations of this city, as specified in the building
code or housing code, or of any law or ordinance of this state or
city relating to the condition, location or structure of buildings.
f. Whenever any building or structure which, whether or not erected
in accordance with all applicable laws and ordinances, has in any
non-supporting part, member or portion less than fifty (50)
percent, or in any supporting part, member or portion less than
sixty-six (66) percent of the (a) strength, (b) fire-resisting qualities
or characteristics, or (c) weather-resisting qualities or
characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location.
g. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness
or disease.
h. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits,
lack of sufficient fire-resistive construction, faulty electric wiring,
gas connections or heating apparatus, or other cause, is
determined by the fire marshal to be a fire hazard.
i. Whenever any building or structure is in such condition as to
constitute a public nuisance known to the common law or in
equity jurisprudence.
j. Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned for a period in
excess of six (6) months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
(1) Fire Code: International Fire Code, 2003 edition, as adopted by
Chapter 19 of the City of Dubuque, Code of Ordinances.
(2) Housing Code: The City of Dubuque Residential Housing Code,
as adopted in Section 26-1 of the City of Dubuque, Code of
Ordinances.
(3)
Nuisance: Each of the following shall be defined as a "nuisance":
a. Any public nuisance known at common law or in equity
jurisprudence.
b. Any attractive nuisance which may prove detrimental to persons
whether in a building, on the premises of a building, or upon an
unoccupied lot.
c. Whatever is dangerous to human life or is a menace to the public
health, welfare or safety as determined by the City Manager.
d. 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.
e. Uncleanliness to the risk of unhealthiness, as determined by the
City Manager.
f. Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings, as determined by the City
Manager.
(1) Vacant Building: Any building or portion of a building which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by means other than those used in the
design of the building;
c. Declared a dangerous building as defined in (4) above;
d. Unoccupied and unfit for occupancy as determined by the City
Manager;
e. Unoccupied and has housing and building code violations;
f. Unoccupied for a continuous period of time over six (6) months;
g. Unoccupied and open to vagrants, vandals, children or the
unwary;
h. Unoccupied and not maintained by owner or responsible party; or
i. Unoccupied and not receiving service by public utilities.
Sec. 33-109: Vacant and Abandoned Building License:
No person or business shall maintain a vacant or abandoned building as
defined by this Code, in the City unless such person or business holds a
current unrevoked abandoned or vacant building license, issued by the
City Manager, in the name of the owner/operator for the specific named
building.
Sec. 33-110. Registration:
The owner shall register a vacant or abandoned building with the City
Manager not later than thirty (30) calendar days after any building in the
City becomes abandoned or vacant as defined in this chapter. Failure to
register an abandoned or vacant building or providing false information to
the City Manager shall be a violation of this chapter.
The registration shall include the following information:
(1) A description of the premises;
(2) The names and addresses of the owner or owners;
(3) The names and addresses of all known lien holders and all other
parties with an ownership interest in the building;
(4) The name of the agent designated to act on the behalf of an out-of-
town property owner to accept legal processes and notices, and to
authorize repairs as required; and
(5)
The period of time the building is expected to remain vacant and/or a
plan and timetable to comply with applicable city codes.
Sec. 33-111. Fees:
The owner of a vacant or abandoned building shall pay an annual fee
reasonably related to the administrative cost of registering and processing
the registration form and the costs of the city in monitoring and inspecting
the property and established by the City Manager and shall be paid in full
prior to the issuance of any permits or acceptance of the registration form
for the subject property.
Sec. 33-112. Terms of Licenses:
(1) Every license issued under this division shall expire on December 31
of the year in which issued and shall become delinquent on March
31 of the year due.
(2) Upon application a license may be renewed and remain effective for
successive periods of one calendar year unless sooner revoked at
any time by the City Manager for noncompliance with any applicable
provisions of this Code.
(3)
Licenses may be transferred from one person or business to another
provided notice of the transfer is given in writing within five (5)
working days of the transfer, to the City Manager.
(4) Licenses shall not be transferable from one building to another.
(5) Every person or business holding a license shall give notice in
writing to the City Manager within five (5) working days after having
transferred or otherwise disposed of the legal control of the licensed
building. Such notice shall include the name and address of the
persons or businesses succeeding to the ownership or control of
such licensed building.
Sec. 33-113. Inspections:
The owner shall allow inspection of the building by City representatives
upon request and shall allow annual inspection of the interior and exterior
of the premises for the purpose of enforcing and assuring compliance with
the provisions of this chapter and the housing, building and fire Codes.
Sec. 33-114. Renewal Licenses:
The City Manager is hereby authorized to issue and renew vacant or
abandoned building licenses for specific buildings, in the names of the
applicant owners, operators or managers, provided the following criteria
are met:
(1) The building for which the license is sought is warranted by the
owner or operator to substantially comply with applicable provisions
of this code.
(2) The owner or operator legally authorized and responsible for
maintenance of the building for which a vacant or abandoned
building license is sought shall first make application therefore on an
application provided by the City Manager.
(3)
All fees required by this Code pursuant to the issuance of a vacant or
abandoned building license are paid in full to the City.
(4) The applicant shall designate a responsible agent to represent the
owner/operator whenever the said applicant is not available for
maintenance of the building for which a license is sought. Said
agent shall have full authority and responsibility, the same as the
owner/operator, for maintaining the building.
Sec. 33-115. Renewal, Penalty for Failure to Renew License:
An application for renewal of a vacant or abandoned building license may
be made within sixty (60) days prior to the expiration of an existing
operating license. Application for renewal of vacant or abandoned building
licenses shall be due on January 1. Application may be made and license
fees paid until March 31 without penalty. Each day that the owner fails to
renew such license as required by this Article shall constitute a separate
violation for which a municipal infraction citation may be issued.
Sec. 33-116. Revocation, Reinstatement Measures:
If a vacant or abandoned building license is revoked by the City Manager
for noncompliance with any applicable provisions of this Code, the
owner/operator of the building shall be given thirty (30) days to comply
with the provisions of this Code. Extensions of such thirty -day period may
be granted at the discretion of the City Manager. Upon expiration of the
thirty -day period, or any extension thereof, if the building continues to be
noncompliant, a municipal infraction will be issued.
Sec. 33-117. Relationship of License to Other Codes:
The issuance of any license for any vacant or abandoned building shall not
in any way signify or imply that the building conforms with the Iowa State
Building Code or the housing, building, zoning, fire ordinances or other
ordinances of the City. The issuance of a license shall not relieve the
owner or operator of the responsibility for compliance with said applicable
housing, building, zoning, fire or other applicable codes and ordinances.
Section 2. This Ordinance shall take effect December 1, 2006.
Passed, approved and adopted this 19th day of June, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 24th day of June, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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