Minutes_Building Code and Advisory Appeals Board THE CDubuque City of Dubuque
Building Services Department
DUjIBQTE I I I 50 West 131h, Io Street
Dubuque, Iowa 52001
III ' Office:563-589-4150
Fax:563-690-6687
TTY: 563-690-6678
Masterpiece on the Mississippi 2007.2012.2013 Email:building@cityofdubuque.org
The Building Code and Advisory Appeals Board
Minutes
Date: March 21 st 2017
Time: 4:00 PM
Place: Conference Room A, City Hall
Chair: Mark Gudenkauf
Members Present: Benjamin Beard, Thomas Swift, Katrina Wilberding
City Staff Present: Todd Carr, Mike Sievers, Gary Blosch
Media: None
Others: None
1. The meeting was called to order at 4:07 PM on March 21 st 2017 by Chair
Gudenkauf.
2. The Board discussed the Policies and Procedures of the Building Code of
Advisory Appeals Board and the conformance with Iowa open meetings Law. We
went through in detail Title 14 Chapter 1 letters A through N and discussed
multiple topics about the how the board functions, purpose, roles and
responsibilities, rules, procedures, attendance requirements, organizational
questions, powers and limitation of authority.
3. Staff provided the Board with information on the current codes and ordinances
the Building Services Department adopts and enforces. Staff provided examples
of code violations, and described how staff works through the code enforcement
process with the public by means of notices and letters being sent out.
4. Board members discussed in depth Internal Organizational Rules, and the rights
of the Board members to adopt rules and regulations to govern it's organizational
procedures as may be necessary and which are not in conflict with our Code of
Ordinance or the Iowa Code. Board Members discussed options on how future
Appeal cases may be heard, in terms of time limits for appellant. Board asked
questions to Staff and Staff provided feedback on this topic of setting future rules
for time limits for an appeal, topics were discussed about limiting the time frame
for an appeal based on the property versus the current method of basing it on
each violation, which allows the appellant thirty minutes per violation currently.
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This was discussed due to multiple code sections may be cited during
enforcement process by Staff even though they all may related to exterior
deterioration or interior deterioration issues. This topic was discussed to provide
efficiency for the Board to hear appeal cases, but provide the appellant with a fair
amount of time to present their case as well. Board discussed their right to table
any motion on the table if they felt necessary, then allow this motion to be heard
at the next meeting or grant extension of time to the appellant if the Board felt it
was necessary.
5. Staff and Board discussed their future and present role in code interpretation and
specifically the important role they can plan in future code adoptions. Staff
explained the Board can be utilized in the future to examine and review new code
changes prior to them taken place with Staff. The Board could then make
suggestion and recommendations to Staff about any changes, alterations, or
amendments to codes prior to the City adopting the new code changes.
6. Staff discussed with the Board the current Appeal process which the Building
Services Department has in place for all their Boards. The current appeal
process states once the Building Official is provided with the written notice of the
appeal the Board must meet within ten working days after receiving such notice.
Staff discussed with the Board that the City was considering changing the current
Ordinance to allow a minimum of twenty days to a maximum of sixty days for the
Board to meet once receiving writing notice of the appeal. The Board agreed they
would like to see this change to allow them more time to set a meeting date.
7. Board Member Gudenkauf made a motion to agree to change the Appeal time to
minimum of twenty days to a maximum of sixty days, Beard seconded, motion
carried 4-0.
8. The Board asked Staff questions about Section M. Powers letter b. under
number 1 in terms of unnecessary hardship upon the appellant during an appeal
case. Staff and Board discussed different scenarios that may create an
unnecessary hardship, the Board shared input on how this may or may not affect
their decision on cases. Further discussion led to the fact that it would be the
appellant responsibility to prove the hardship existed, Staff also mentioned that
the safety of the public is the important reason for code enforcement, and under
those circumstances hardship would be hard to consider.
9. Board member Wilberding brought up the topic of the two vacant positions that
are not filled. Board and staff then discussed these open seats and all parties
agreed we need to work on filling these two open seats, potentially a commercial
contractor, Structural Engineer, or public at large.
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10.Board members asked staff questions about how a board meeting should
function, and the type of questions that can be asked by an appellant to the
board as it relates the appeals case. The Board also asked questions as to their
rights to control the meeting and if they had the right to intervene and ask the
appellant to be more specific to the code violations that were on the table for
discussion versus the appellant questioning the staff member directly. Staff
explained to the Board members that they do reserve the right to intervene at any
time and ask specific questions or request specific information from the
appellant. Staff informed Board members they reserve the right to listen to the
appellant, and if necessary then ask staff questions that may pertain to the
appeal, or vice versa.
11.Board members went to make a motion on the previous Appeal case that was
heard in December of 2016, however this motion could not be made or discussed
because the Appeals case was not on the Agenda for this meeting.
12.Gudenkauf motioned to adjourn, Beard seconded, motion carried 4-0 and
meeting was adjourned at 5:07 PM.
Todd Carr, Building Services Manager
Cc: Jeff Zasada, Building Inspector
Mike Sievers, Building Inspector
Gary Blosch, ADA Inspector
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