Code of Ordinances Amendment - Titles 6 & 14 Vacant & Abandoned Buildings Copyrighted
July 5, 2017
City of Dubuque Action Items # 2.
ITEM TITLE: Code of Ordinances Amendment- Titles 6 and 14 Vacant
and Abandoned Buildings
SUMMARY: City Manager recommending an ordinance amendment to
make the definition of an Abandoned Building the same in
Title 6 and Title 14.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 4, Nuisances, Section 64-2
Definitions and Title 14 Building and Development,
Chapter 4 Licensing of Vacant and/or Abandoned
Buildings, Section 14-14-1 Definitions
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Abandoned Building Definition Ordinance Change-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Abandon Building Ordinance Change Staff Memo
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ordinance Change: Abandoned Buildings Title 6 & 14
DATE: June 19, 2017
Currently the City of Dubuque Ordinance Title 6 and Title 14 definitions of an
Abandoned Building do not read the same.
Building Services Manager Todd Carr recommends an Ordinance change to make the
definition of an Abandoned Building the same in Title 6 and Title 14.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
r
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Todd Carr, Building Services Manager
THE CDubuque City of Dubuque
Building Services Department
DUUB*-- TE
All-GmericaciN 50 west Dubuque, Iowa Street
1 I I I L.' Office63-58952001
Office 563-589-4150
Fax 563-690-6687
TTY 563-690-6678
Masterpiece on the Mississippi 2007.2012.2013 Email building@cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Todd Carr, Building Services Manager
SUBJECT: Ordinance Change: Abandoned Buildings Title 6 & 14
DATE: 06/14/2017
Introduction: The purpose of this Ordinance Change is to provide a clear and
consistent definition of an Abandoned Building in both Title 6 and Title 14 of our City
Ordinances to eliminate any inconsistency.
Background: Currently our Title 6 and Title 14 definitions of an Abandoned Building do
not read the same under the definitions.
Conclusion: City staff from Building, Housing, and Legal Department have identified
this inconsistency between the two Ordinances, and have made the necessary changes
to our Ordinances so that the definition will now be the same in both Ordinances. This
will remove any enforcement issues and confusion between the public and private
sector on what constitutes an Abandoned building.
Action Step: City Staff is respectfully recommending this Ordinance Change be placed
on the City Council Agenda as an Action item for them to review and approve.
Cc: Crenna Brumwell, City Attorney
Ben Pothoff, Housing Inspections Supervisor
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 32-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION
6-4-2 DEFINITIONS AND TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4
LICENSING OF VACANT AND/OR ABANDONED BUILDINGS, SECTION 14-4-1
DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-4-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
6-4-2: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer which meets one or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code,
International Building Code, or International Fire Code adopted by the city
of Dubuque.
Section 2. Section 14-4-1 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenance 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 chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer which meets one or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code,
International Building Code, or International Fire Code adopted by the city
of Dubuque.
Section 3. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 5th day of uly, 2017.
Attest:
ns ah , ClerkCity'
Roy D. 'iBL'io ayor
EFFECT OF AMENDMENT
6-4-2: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer '"^ ^^^ yeaF 9F aRY
which meets one or more of
the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C4. Is in violation of the International Property Maintenance Code,
International Building Code, or International Fire Code adopted by the city
of Dubuque property . i^+^^aRGe ,ode, b Kiwi^.. ,ode, r fore r-ode.
14-4-1 : DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenance 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 chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer which meets one or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code,
International Building Code, or International Fire CodeRORGOMpliaRtW44
adopted by the city of
Dubuque.
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: July 7, 2017, and for which the charge is $26.54.
Subscribed to before Notary Public in and for Dubuque County, Iowa,
this //A day oU'�, , 20
otary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 184885
My Commission Exp, Feb. 1, 2020
PUBLICATION
ORDINANCE NO. 3247
'.-AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH, HOUSING,
SANITATION AND
ENVIRONMENT,
CHAPTER 4
SANDES,SECTION6-4,.:
2 .DEFINITIONS AND
TITLE' 1.4 .BUILDING
AND,: DEVELOPMENT,],
'ariAFITER.64: LICEN-
SING �F VACANT
AND/okABANDDNED
BUILDINGS, SECTION
14-4-1 DEFINITIONS
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF, THE
CITY OF DUBUQUE,
IOWA:
Section 1. Section 6-4- ,
of the City ' of '
Dubuque Code of
Ordinances is hereby
amended to read as
follows
6-4-2: DEFINITIONS:
As used in this
Chapter; the following
definitions shall apply:
ABANDONED BUILD-
ING: Any building or
portion thereof which
has stood with an
incomplete exterior
shell for six (6) months
or longer which meets
one or more •of the
following criteria: I
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the
, International .property
Maintenance Code,
International Building
Code, or International
: Fire Code adopted by
the city of Dubuque.
Section 2. Section 14-
4-1 of the City of
Dubuque Code of
Ordinances is hereby
amended to read as
follows:
14-4-1: DEFINITIONS:
For the purpose of
this chapter, certain
terms, phrases, words
and their derivatives
shall be construed as
specified in either this I
chapter or as specified
in the building code or
the property mainte-
nance code. Where
terms are not defined,
they Shall have their
ordinary accepted
meanings within the
Context in which they:
are used. Unless other-
wise expressly stated'
or unless the context
clearly indicates, a'
different intent, the
following terms shall,
for the purpose of this
chapter, have the
following meanings:
ABANDONED BUILD-
ING: Any building or
portion thereof which
has stood ,with an
incomplete exterior
shell for six (6) months
or longer which meets
one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is iftviolation of the
International: ,Property
Maintenance Code,
'International Building
Code, or International
Fire Code adopted by
the city of Dubuque.
:L:Section 3. This Ordi-
nance shall take effect
upon publication.
Passed, approved,
and adopted this 5th
day of July, 2017.
./s/Roy,D. Buoi, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
:.:the 'Telegraph Herald
newspaper on the 7th
day of July, 2017.
/s/Kevin S. Firnstahl,
City Clerk
1t7/7 --'