Code of Ordinances Amendment - Title 14 Housing Board of Appeals References Copyrighted
April 17, 2017
City of Dubuque Action Items # 2.
ITEM TITLE: Code of Ordinances Amendment- Title 14 Housing Board
of Appeals
SUMMARY: City Manager recommending approval of an ordinance
which adjusts a reference to the Housing Code Appeals
Board following the adoption of the International Property
Maintenance Code and the repeal of the former Housing
Code.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code,
Section 14-1 J-3 Rental Licenses by replacing the
reference to "Housing Code Appeals Board" with "Housing
Board of Appeals"
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Reference to Housing Code Appeals Board-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Reference to Housing Code Appeals Board
DATE: March 23, 2017
The City of Dubuque adopted the International Property Maintenance Code. Ordinance
8-16 adopted the International Property Maintenance Code and also repealed Title 6,
Chapter 6, the former Housing Code. A reference to the "Housing Code Appeals
Board" was erroneously left in the Code of Ordinances.
City Attorney Crenna Brumwell recommends City Council approval of an ordinance
which adjusts the reference to the Housing Code Appeals Board.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
d1L-A^1
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB bE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELLqE —�.–
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: March 14, 2017
RE: Reference to Housing Code Appeals Board
The City of Dubuque adopted the International Property Maintenance Code (IPMC).
Ordinance 8-16 adopted the IPMC and also repealed Title 6, Chapter 6, the former
Housing Code. A reference to the "Housing Code Appeals Board" was erroneously left
in the Code of Ordinances.
Attached is an ordinance which adjusts the reference to the Housing Code Appeals
Board. I recommend that the ordinance be submitted to the City Council for
consideration. Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 16-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-3 RENTAL LICENSES BY REPLACING
THE REFERENCE TO "HOUSING CODE APPEALS BOARD" WITH "HOUSING
BOARD OF APPEALS"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1J-3: RENTAL LICENSES:
J. Suspension And Revocation Of Rental License:
1. Causes: The city manager may, for good cause, suspend or revoke a
rental license for a rental unit, and in the case of a multi -family dwelling, suspend
the license as to one or more rental units for a period not to exceed one year for
any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the
licensee for violation of any provision of the property maintenance code;
b. Misrepresentation by the licensee of any material fact in the
application for a rental license;
c. Refusal by the licensee to permit inspection of the licensed rental
unit(s) by authorized city personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the successful rental property management class;
or
f. Failure to perform a required criminal background check on an
applicant for tenancy after July 1, 2011;
g. Failure of a priority category to comply with an inspection schedule
or pay inspection fees. Tenants will be relocated from the rental unit at the
priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this
subsection, the city manager must give notice in writing to the property owner,
manager, or licensed real estate professional and provide for an opportunity to
appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or
suspension, a unit for which the rental license was suspended or revoked may
not be relicensed.
4. Notice To Licensee: 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.
5. Appeal: The licensee may appeal the decision of the city manager to the
housing board of appeals. An appeal must be filed, in writing, within twenty (20)
days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the city manager must
give written notice of the suspension or revocation of the license to each tenant,
requiring the tenant to vacate the premises within a time frame determined by the
city manager. Any tenant who fails to vacate the premises after such time shall
be subject to penalties under title 1, chapter 4 of this code.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day oApril, 2017.
Roy D. BuqrMayor
Attest:
Ke n �irnstahl, City erk
EFFECT OF AMENDMENT
14-1J-3: RENTAL LICENSES:
J. Suspension And Revocation Of Rental License:
1 . Causes: The city manager may, for good cause, suspend or revoke a
rental license for a rental unit, and in the case of a multi-family dwelling, suspend
the license as to one or more rental units for a period not to exceed one year for
any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the
licensee for violation of any provision of the property maintenance code;
b. Misrepresentation by the licensee of any material fact in the
application for a rental license;
C. Refusal by the licensee to permit inspection of the licensed rental
unit(s) by authorized city personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the successful rental property management class;
or
f. Failure to perform a required criminal background check on an
applicant for tenancy after July 1 , 2011 ;
g. Failure of a priority category to comply with an inspection schedule
or pay inspection fees. Tenants will be relocated from the rental unit at the
priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this
subsection, the city manager must give notice in writing to the property owner,
manager, or licensed real estate professional and provide for an opportunity to
appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or
suspension, a unit for which the rental license was suspended or revoked may
not be relicensed.
4. Notice To Licensee: 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.
5. Appeal: The licensee may appeal the decision of the city manager to the
housing board of appeal . An appeal must be filed, in writing,
within twenty (20) days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the city manager must
give written notice of the suspension or revocation of the license to each tenant,
requiring the tenant to vacate the premises within a time frame determined by the
city manager. Any tenant who fails to vacate the premises after such time shall
be subject to penalties under title 1 , chapter 4 of this code.
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike. a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: April 21, 2017, and for which the charge is S35.97.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 Zyz_.
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE NO. 16-17
AMENDING CITY OF
DUBUQUE ' CODE OF
ORDINANCES TITLE
,14 BUILDING AND
DEVELOPMENT,
CHAPTER 1 BUILDING
CODES, ARTICLE J
NANCE CODE, SEC-
TIONPROPERTY MAINTE-
14-11-3 RENTAL
LICENSES BY REPLAC-
ING THE REFERENCE
TO "HOUSING CODE
APPEALS BOARD"
WITH "HOUSING
BOARD OF APPEALS"
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF- THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-
1J-3 .of the City , of 1
Dubuque Code of
Ordinances is amended
to read as follows:
14-1J-3: RENTAL
LICENSES:
J. Suspension And
Revocation Of Rental
License:
1. Causes: !The city
manager may, for good
cause, suspend Or
revoke a rental ,license
fora rental unit,,,an0
the case of a multh
family dWelling, sus,
pend ,the license as to
one or more rental
units for"a period not
to exceed one year for
any of the following:
a. Conviction,' ji4g,'
ment, plea of gUiftyor
finding of .gyilt, of the
licenSee Vidlation of
any provision of the
PrOPertY, maintenance
code;
b..Misrepresentation,
by the licensee of any
material fact in the
application for a rental
license;
c. Refusal by the
licensee to permit
inspection of the
licensed rental unit(s)
by authorized city
personnel;
d: Nonpayment of the
fee for renewal of the
rental license;
e. Failure to attend
the successful rental
property management
class;'or
f. Failure to perform a
required criminal back-
ground check on an
applicant for tenancy
after July 1, 2011;
g. Failure of a priority
category to comply
with an inspection
schedule or pay inspec-
tion fees. Tenants will
be relocated from the
rental unit . at the
priority category's ex -1
pense,„
2. Opportunity To
Appeal: Prior to any
suspension or J revo-
cation under this
subsection, the city
manager must give
, notice in writing to the
property owher, 'man- I
ager, or licensed real
estate:professiorial and
provide for an
opportunity to appeal.
3. Period Of Revoca-
tion Or Suspension:
During the period of
revocation or suspen-
sion, a unit for which
the rental license was
suspended or revoked
may not be relicensed:
4. Notice To Licensee:
The city manager shall
cause to be issued to
the licensee a notice I
that the license is
suspended or revoked,
setting forth j 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.
5. Appeal: The licen-
see , may appeal the
decision of the city
1 '
manager to the hods- 1
ing board of appeals.
An . appeal must be
filed, in writing, within
1 twenty (20). days from
the date of the notice
of suspension or ,
revoCation.
f 6. Notice To Tenant: II
Upon suspension or
revocation the city
manager must" give
written notice of the
suspension'OR".4Voca-
tion of the Aense.
,J each tenantrequirtrig
the tenant to Vatate
the Premises within a
time frame determined'
by the city, manager.
' Any tenant who fails to
Vacate r the premises
after such time shall be
subject to' penalties
under title 1, chapter 4
of this code.
. '
•
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 17th
day of April, 2017,
/s/Roy D. Buol, Mayor )1
Attest; /s/Kevin
Firnstahl, City lerk
Published officially in
the Telegraph Herald
1 newspaper on the 21st
day of April, 2017.
/s/Kevin S. Firnstahl,
City Clerk
it 4/21