Code of Ordinances Amendment - Title 14 Building Code Advisory Appeals Board, Elec, Mech, Plumbing Copyrighted
July 5, 2017
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment- Title 14 Building Code
and Advisory Appeals Board, Electrical Code Board, and
Mechanical and Plumbing Code Board
SUMMARY: City Manager recommending amendments to the City of
Dubuque Code of Ordinances related to the Building Code
and Advisory Appeals Board, Electrical Code Board, and
Mechanical and Plumbing Code Board.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article A Building Code and Regulations,
Section 14-1A-6 Building Code and Advisory Appeals
Board; Article D Electrical Code, Section 14-1 D-3 Electrical
Code Board; Article F Mechanical Code, Section 14-1 F4
Mechanical and Plumbing Code Board; Article H Plumbing
Code, Section 14-1 H-7 Mechanical and Plumbing Code
Board; Article J Property Maintenance Code, Sections 14-
1 J-2 International Property Maintenance Code
Amendments and 14-1 J-7 Housing Board of Appeals
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Appeals Board Ordinance Change-MVM Memo City Manager Memo
Staff Memo Staff Memo
Title 14 Ordinance Change Appeals Board Ordinance
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: Appeals Board Changes
DATE: June 25, 2017
Building Services Manager Todd Carr recommends City Council approval to change the
following two items for the Building Code and Advisory Appeals Board, Electrical Code
Board, and Mechanical and Plumbing Code Board.
The first recommendation allows the appellant a total of 20 days of receipt of decision
from which the appeal is taken to submit a written request for an Appeal to the Building
Official. This will allow the appellant a little more additional time to research the
violation, potentially time to receive quotes to make the repair or consult with City staff
on what steps need to be taken to come into compliance.
The second recommendation would allow the Boards to meet not less than 30 days nor
more than 90 days after receiving a notice of appeal. This will provide Board Members
an opportunity to review the case submittals from City staff and the appellant, and will
also provide the Board Members time to adjust their work and personal schedules to
ensure a full board for each hearing or enough to make a quorum. This change will also
allow Board Members an opportunity to hear more than one case at a time, to avoid
meeting multiple times within a two to three-month period.
The Building Department and Housing Department have also made a change to the
International Property Maintenance Code Amendments to replace certain sections with
City of Dubuque code of ordinances section 14-1J-7 when under the purview of the
Housing Department and section 14-1A-6 when under the purview of the Building
Services Department. This section provides separation of Appeals cases between the
Building Department Staff and the Housing Department staff due to both Departments
utilizing the 2015 International Property Maintenance Code for code enforcement work.
The effect of the ordinance amendments requested by the Housing & Community
Development Department will be a change in the time allowed for an appeal hearing
from not less than 10 days and not more than 60 days, to not less than 10 days and not
more than 90 days. This change will ensure that when delays in hearings occur, the
Board will still have an opportunity to hear appeals and provide valid decisions on
appeals within the other constraints prescribed in the ordinance. The second change
clarifies the number of Board Members that constitute a quorum from 2/3rds to 3
members. The Board has 5 members, so 2/3rds of the membership was not an even
number. Changing this to read that 3 members constitute a quorum will again help to
ensure validity of board decisions.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
z 64�'
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Todd Carr, Building Services Manager
2
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: Appeals Board Changes
DATE: 06/23/2017
Introduction: The Building Services Department currently has an Electrical,
Mechanical/Plumbing, and a Building Appeals Board. These three boards have
historically had to set-up a meeting within 10 working days after receiving an appeal
from an appellant. Our current and past board members have not been satisfied with
this tight turn-around time as to when the meeting must be held after receiving an
appeal. There are a few challenges our Board members face currently that directly tied
to only allowing them 10 working days to hold a hearing. First is that most of our Board
members find this very difficult to be able to clear their schedules to fit a meeting in on
such short notice, specifically work related conflicts typically exist and they are very
difficult for them to reschedule or miss. Second reason is that our Board members need
time to review the appeal information that was submitted back to them from the
appellant, as well as read and understand the submittals from the Building Department
staff so they can be prepared prior to the appeals hearing. Third reason is it's almost
impossible for them to schedule two appeals cases at the same time with the current
arrangement. They may get a second request for another hearing a day after they met
to hear a previous case, then will have reconvene 10 working days later to hear another
case, versus waiting to schedule multiple hearings at once to become more efficient and
potentially not need to schedule as many meetings.
The appellant has also historically has had to submit an appeal to the Building Official
within 7 days of receipt of decision from which the appeal is taken. The International
Property Maintenance Code which the City adopted in July of 2016 allows an appellant
20 days to submit their appeal. City staff is recommending that we change our current
Ordinance to match that of the International Property Maintenance Code and allow an
appellant 20 days to submit their appeal, versus only 7 days.
The Housing & Community Development Department has reviewed the ordinance
regulating the Housing Board of Appeals and is requesting changes to the time allowed
to hear an appeal and clarifying the number of board members that constitutes a
quorum. These changes are intended to clarify the ordinance and limit the chance of an
appeal decision being deemed legally invalid due to not meeting the strict timeline
allowed for hearing an appeal.
Conclusion: The Building Services Department is recommending we change the
following two items for our Building Code and Advisory Appeals Board, Electrical Code
Board, and Mechanical and Plumbing Code Board.
First staff recommends allowing the appellant a total of twenty (20) days of receipt of
decision from which the appeal is taken to submit a written request for an Appeal to the
Building Official. As mentioned above this will allow the appellant a little more additional
time to research the violation, potentially time to receive quotes to make the repair or
consult with City Staff on what steps need to be taken to come into compliance.
Second staff is recommending we allow the Boards to meet not less than thirty (30)
days nor more than ninety (90) days after receiving such notice. This will provide our
Board members an opportunity to review the case submittals from City Staff and the
appellant, and will also provide our Board Members time to adjust their work and
personal schedules to ensure we a full board for each hearing or enough to make a
quorum. This change will also allow Board members an opportunity to hear more than
one case at a time, to avoid meeting multiple times within a two to three-month period.
The Building Department and Housing Department have also made a change to Section
14-1 J-2 to the International Property Maintenance Code Amendments to replace
sections 111 .2 through 111 .8 to be replaced by City of Dubuque code of ordinances
section 14-1 J-7 when uder the purview of the Housing Department and section 14-1A-6
when under the purview of the Building Services Department. This section provides
separation of Appeals cases between the Building Department Staff and the Housing
Department staff due to both Departments utilizing the 2015 International Property
Maintenance Code for code enforcement work.
The effect of the two ordinance amendments requested by the Housing & Community
Development Department will be a change in the time allowed for an appeal hearing
from not less than 10 days and not more than 60 days, to not less than 10 days and not
more than 90 days. This change will ensure that when delays in hearings occur, the
board will still have an opportunity to hear appeals and provide valid decisions on
appeals within the other constraints prescribed in the ordinance. The second change
clarifies the number of board members that constitute a quorum from 2/3rdsto 3
members. The board has 5 members, so 2/3rds of the membership was not an even
number. Changing this to read that 3 members constitute a quorum will again help to
ensure validity of board decisions.
Action Step: City staff from the Building and Housing Department respectfully
recommend making the following Ordinance changes to our board of appeals.
2
ORDINANCE NO. 34-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE
AND REGULATIONS, SECTION 14-1A-6 BUILDING CODE AND ADVISORY
APPEALS BOARD; ARTICLE D ELECTRICAL CODE, SECTION 14-1D-3
ELECTRICAL CODE BOARD; ARTICLE F MECHANICAL CODE, SECTION 14-1F-4
MECHANICAL AND PLUMBING CODE BOARD; ARTICLE H PLUMBING CODE,
SECTION 14-1H-7 MECHANICAL AND PLUMBING CODE BOARD; ARTICLE J
PROPERTY MAINTENANCE CODE, SECTIONS 14-1J-2 INTERNATIONAL
PROPERTY MAINTENANCE CODE AMENDMENTS AND 14-1J-7 HOUSING BOARD
OF APPEALS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1A-6 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
M. Powers: The board has the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of the building code may appeal
from such decision to the building code board and said board shall serve as an
appeal board. In case the aggrieved party is a member of said board, said
member shall be disqualified as a member of the board acting as an appeal
board, until the person aggrieved has been heard and a decision rendered.
The appeal must be made by the person aggrieved, giving written notice of such
appeal to the building official within twenty (9n) days of receipt of derision from
which the appeal is taken. The building code board sitting as an appeal board
shall meet not less than thirty (30) nor more than ninety (90) days after receiving
such notice and render a decision within five (5) working days thereafter. Any
interested party, including the building official, shall have the right to present their
case to the appeal board, whose decision shall be final unless appealed to the
district court as provided by law.
The board of appeals may reverse or modify a decision of the building official
only on finding that:
a. The building official had incorrectly interpreted the provision of this
code; or
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be submitted
to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the procedures
specified in this code.
On issues before the board involving the Americans with disabilities act the board
may elect to seek input from Americans with disabilities act advocates in the
community. If the board elects to seek input from Americans with disabilities act
advocates in the community, the board shall consult with a minimum of two (2)
individuals.
Section 2. Section 14-1 D-3 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1D-3: ELECTRICAL CODE BOARD:
M. Powers: The board has the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of this code may appeal from such
decision to the board and the board will serve as an appeal board. In case the
aggrieved party is a member of the board, that- member is disqualified as a
member of the board acting as an appeal board until the appeal has been heard
and a decision rendered.
The appeal must be made by the person aggrieved giving written notice of such
appeal to the building official within twenty (20) days of receipt of the decision
from which the appeal is taken. The board, sitting as an appeal board, must meet
not Tess than thirty (30) nor more than ninety (90) days after receiving such notice
and render a decision within five (5) business days after the hearing. The
decision of the board is final unless appealed to the district court as provided by
law.
The board, after hearing an appeal, has the authority to:
a. Uphold Decision: Uphold the decision of the building official.
b. Reverse/Modify Decision: Reverse or modify the decision of the
building official but only on finding that the building official incorrectly
interpreted the provision of this code.
c. Limitations Of Authority: The board has no authority to interpret the
administrative provisions of this code nor is the board empowered to waive
any requirements of this code. In modifying or reversing a decision of the
building official, the board may authorize an alternative material or method
of construction, provided the board finds the proposed material or method
of construction is satisfactory for the use intended and complies with the
provisions of this code and that the material or method is, for the purpose
intended, at least equivalent to that prescribed by this code in suitability,
strength, effectiveness, durability, and safety.
All appeals must be conducted in accordance with the procedures specified in this code.
Section 3. Section 14-1F-4 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1F-4: MECHANICAL AND PLUMBING CODE BOARD:
I. Notice Of Meeting: The board shall meet upon notice from the chairman, within not
less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at
stated periodic meetings, or at the written request of a majority of the members.
K. Hearing Procedure:
1. Procedures: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted, The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2. Quorum: Four (4) members 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.
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetin
4. Minutes: The code official shall file with the city council a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting, or by the next regularly scheduled city council meeting, whichever
is later.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
Section 4. Section 14-1H-7 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1H-7: MECHANICAL AND PLUMBING CODE BOARD:
I. Notice ,Of Meeting: The board shall meet upon notice from the chairman, within not
less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at
stated periodic meetings, or at the written request of a majority of the members.
K. Hearing Procedure:
1. Procedures: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2 Quorum: Four (4) members 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.
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetings.
4. Minutes: The code official shall file with the city council a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting, or by the next regularly scheduled city council meeting, whichever
is later.
5. Poiicie: Ali administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
Section 5. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
property maintenance code, 2015 edition, adopted in section 14-1J-1 of this article to
read as follows:
Sections 111.2 through 111.8 replaced with city of Dubuque code of ordinances section
14-1J-7 when under the purview of the Housing Department and section 14-1A-6 when
under the purview of the Building Services Department.
Section 6. Section 14-1J-7 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1J-7: HOUSING BOARD OF APPEALS:
I. Notice Of Meeting: The board shall meet upon notice from the chairman, within not
less than ten (10) days and not more than ninety (90) days of the filing of an appeal, at
stated periodic meetings, or at the written request of a majority of the members.
K. Hearing Procedure:
1. Procedure: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2 Quorum: Three (3) members 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.
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetings.
4. Minutes: The city manager shall file with the city clerk a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: Except as provided in subsection K3 of this section, the city
council may remove any member for good cause.
Section 7. This Ordinance shall take effect upon publication.
Passed, approved, and adopted the 5th day of July, 2017.
Attest:
Key/ City Clerk
ayor
EFFECT OF AMENDMENT
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
M. Powers: The board has the following powers, duties, and responsibilities:
1 . Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of the building code may appeal
from such decision to the building code board and said board shall serve as an
appeal board. In case the aggrieved party is a member of said board, said
member shall be disqualified as a member of the board acting as an appeal
board, until the person aggrieved has been heard and a decision rendered.
The appeal musts14a4 be made by the person aggrieved, giving written notice of
such appeal to the building official within twentySe*e-R (20�) days of receipt of
decision from which the appeal is taken. The building code board sitting as an
appeal board shall meet not less than thirty (30) nor more than ninety (90) h+4
teR (10Off days after receiving such notice and render a decision within
five (5) working days thereafter. Any interested party, including the building
official, shall have the right to present their case to the appeal board, whose
decision shall be final unless appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the building official
only on finding that:
a. The building official had incorrectly interpreted the provision of this
code; or
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be submitted
to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the procedures
specified in this code.
On issues before the board involving the Americans with disabilities act the board
may elect to seek input from Americans with disabilities act advocates in the
community. If the board elects to seek input from Americans with disabilities act
advocates in the community the board shall consult with a minimum of two (2)
individuals.
14-1 D-3: ELECTRICAL CODE BOARD:
M. Powers: The board has the following powers, duties, and responsibilities:
1 . Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of this code may appeal from such
decision to the board and the board will serve as an appeal board. In case the
aggrieved party is a member of the board, that member is disqualified as a
member of the board acting as an appeal board until the appeal has been heard
and a decision rendered.
The appeal must be made by the person aggrieved giving written notice of such
appeal to the building official within twentyseven (207) days of receipt of the
decision from which the appeal is taken. The board, sitting as an appeal board,
must meet not less than thirty (30) nor more than ninety (90)Withi 0)
h-si.;ess days after receiving such notice and render a decision within five (5)
business days after the hearing. The decision of the board is final unless
appealed to the district court as provided by law.
The board, after hearing an appeal, has the authority to:
a. Uphold Decision: Uphold the decision of the building official.
b. Reverse/Modify Decision: Reverse or modify the decision of the
building official but only on finding that the building official incorrectly
interpreted the provision of this code.
C. Limitations Of Authority: The board has no authority to interpret the
administrative provisions of this code nor is the board empowered to
waive any requirements of this code. In modifying or reversing a decision
of the building official, the board may authorize an alternative material or
method of construction, provided the board finds the proposed material or
method of construction is satisfactory for the use intended and complies
with the provisions of this code and that the material or method is, for the
purpose intended, at least equivalent to that prescribed by this code in
suitability, strength, effectiveness, durability, and safety.
All appeals must be conducted in accordance with the procedures specified in this code.
14-1 F-4: MECHANICAL AND PLUMBING CODE BOARD:
I. Notice Of Meeting: The board shall meet upon notice from the chairman, within
not less than thirtytew Q04-9) days and not more than ninetysk# (9049) days of the
filing of an appeal, at stated periodic meetings, or at the written request of a majority of
the members.
K. Hearing Procedure:
1 . Procedures: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2. Quorum: Four (4) members 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
minimum n£hnin #hirrlc / .3-\ of the hnnrrl membership.
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetings.
4. Minutes: The code official shall file with the city council a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting, or by the next regularly scheduled city council meeting, whichever
is later.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
14-1 H-7: MECHANICAL AND PLUMBING CODE BOARD:
I. Notice Of Meeting: The board shall meet upon notice from the chairman, within
not less than thirtyten (304-9) days and not more than ninetysi4y (9049) days of the
filing of an appeal, at stated periodic meetings, or at the written request of a majority of
the members.
K. Hearing Procedure:
1 . Procedures: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2. Quorum: Four (4) members 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
�
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetings.
4. Minutes: The code official shall file with the city council a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting, or by the next regularly scheduled city council meeting, whichever
is later.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
14-1 J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
property maintenance code, 2015 edition, adopted in section 14-1J-1 of this article to
read as follows:
Sections 111 .2 through 111 .8 replaced with city of Dubuque code of ordinances section
14-1J-7 when under the purview of the Housing Department and section 14-1A-6 when
under the purview of the Building Services Department.
14-1 J-7: HOUSING BOARD OF APPEALS:
I. Notice Of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than ninetysixty (9069) days of the filing of an
appeal, at stated periodic meetings, or at the written request of a majority of the
members.
K. Hearing Procedure:
1 . Procedure: The board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
2. Quorum: Three (3) members 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
3. Attendance: Members of the board shall attend at least two-thirds (2/3) of
all regularly scheduled and held meetings within a twelve (12) month period. If
any member does not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city council that the
member be replaced. The attendance of all members shall be entered upon the
minutes of all meetings.
4. Minutes: The city manager shall file with the city clerk a copy of the
minutes of each meeting of the board within ten (10) working days after each
such meeting.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the city shall govern the board in its operations.
6. Removal: Except as provided in subsection K3 of this section, the city
council may remove any member for good cause.
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 $130.46.
791,
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this //a day of � , 20 /7 .
Notary Public in and for Du u que County, Iowa.
MARY KWESTERMEYER
Commission Number 154885
My Commisslon Exp. Feb. 1, 2020
+_ CODE BOARD ].144H-7: MECHANICAL govern.the board m its
e oar, AND PLUMBING COBE - operations- ;
hBOARD 6 Removal ;Except as,
ollowing '' / provided in subsectiom..
powers•-and I Notice Of Meeting K3 of this section the,
res�bnslbijities The board sha(igneet city council may,
rm.,., person „Who is ;upon notice frorp ;the remove any member.
{ag rievedfi' by , a - cha(rrdap within not for good cause
deelsloi of the building Tess than thirty (30)
official on any -days and not more '- Section 7 This Ordi-
ro 1, a enforceumept Jofa then filing bop an ` upon publication effect
:tills code may appeal at q4 stated ' Passed,,+ approved;
appeal from + suchpefJodic,meetings;, or and adopted the 5th
decision to the board at the Written request day of July, 2017
anda'.ttle' board will ..of a majority of:the /s/RoyD.;Buol Mayor
Serve4' as
J
board:. In case date'4, 7-thei, FirnstahL City .C,Iell<•:44
aggrieved • party isa' I( Hearing Procedure _:Published officially in
member of the board i Procedures The the Telegraph Herald
that mem-ew
ber js cls board shall adopt-andnewspaper on the 7th
qualified as a member Make available to°the day.of JUIy 2017.
of the,boafdiactiog as public through the /s/Kevin S. Firnstahl,
th
appeaj board until ,secretary �' procedures • -- City Clerk a.
e
appeal hast beeji 'under whichil a hearing It 7/7
heard and a decision ,Will be conducted Tile;
rendered procedures „shajl, ;';not.
il"--thei_IAPpealtil ust be :require =:: comppliance'.
made jkby the person with + strict rules of '
1- aggrieved,'•giying"writ ;evidence but.'`.'shall'
ten notice of: such mandate that -'' only'
appeal; to the building ' "'relevant information
• offlcial.,.witJi(h; t:, b
wenty.,e'received,.'
(20)''days;of,;receipt of s' ,•2:.:,Quoru_',m Four (4)
j the ,'decision,, `from . _m_co
embers.nstitute,- a .
which' ;the appeal._, is, _ `.q aorum foC ithe;;trans,=i:
taken The board actiorrof business ;Tile;;
sitting as an'ap eal5s affirmative"'vote of a
board, Irilist3 eet not�z.,iaiority,'i oft the:
less thap thirty (3b) rlor; meribers represent and'
more than"hinefyu(90)',>;Voting'.is'=necesssary.:fo_r; •
days after S receiving tiie (adoption' of any
y such notice end repder motion or.'resolution:
OFFICI%iL a decision within five ° ° 3 Attendance+ Mem
PUBLICATION - a (5) business days after bersiof the -board shall.'
ORDI�IANCENO34-17- rhe- hearing The4ci at end at' least tavo,`
+AMEPIRING,CITY OEt, cion of tide boardask, thuds -1(2/3S, of -gall
"DUBUQUE `CODE OFr final ynlessg ap}pealed - regularly i sc_or;,;
ORbINANCES TITLENDto the;dfs ricfcoijt as .and rheld( meetings I
14 ::' BUILDrNG , A, provided b ? law { Vfifhin a twelve- . (i2)
;D,EV Ell O P'M ENT, :_ The`board +after -- _rnontll period If 'any
`CHAPTER 1 BUILDING hearing an appeal has` menfber 4 ° does riot
UCODES,. ARTICLE- A theauthority to . attend-such prescribed
BUILDING CODE AND= a Uphold- Decision timber}(if fnepti rke,;,,(t
REGULAtIONS„ SEC-, Uphold the deeitld`n_of +shallx``f "l fcohstittite`.
TION -14 1A 6 BUILD the building 15,ffib 14k grounds for the board •
ING,t : CODE AND b Reverse/Modify-, to recommend to- _the
ADVISORY4,APPEA CSs Decision Reverse-7or city council that the
ELECT ARTICLEd O)t modifllthe-decision of-member Fbe replaced_-;.
CODE; the build hg official}but F+The•-atteihda"hce of^tall
SECTION , 14 tD 3 only ori'f tjdi g that<the ,members shalll bei en
-ELECTRIICAL ; CODE "L puiIdmg "-ro ieial din' fered Upoi�:,the'm(n'ufes -
BOARD, #ARTICLE F. cotrectly ' interpreted ofAl r hie et(,ngs z' :IJ
MECHANICAL CODE, - the provision' of- this - *4 Minutes The code_.
SEPTION,i 14 4F-4 code 'offiaiai shall file with AND: ; c _ .Limitations Of the bity-councij a'copy
PLUMBING' ; CODE Author qty s The ?board _ of the minutes of, 'each
BOARD, 9AR1iCLE -H has{ ho$ authority to -meeting of the board
PLUMBING5 CODE,•,interpret the admin within ten.(10)'working
SECTION'- 141ii 7 istrativexprovislons of+y�idays after each such
MECHANICAL WANb - this code; riot is E1che , :mee}lig; or by the next
PLUMBING, F`f�C®DE; 'board- empowered to regularly scheduled
BOARD, ARTICLE J; waive .any ' require city, ; council meeting,
PROPERTY MAINTE = merits of this cone In whicliever is later
NANCE CODE- SEC _ modifying`or reversing 5, policies All admin
TIONS 14.1J• 2fINTER ' - 41.
decision of the_- istrat,Ve} ,' personnel
NATIQNAI3PR0PERTY- bbildirig 'official, {the accounting; budgetary,,
MAij. TENANCE CODE board may- autnonze and procurement poll=
AMENDMENTS AND#. 'an alterna ive,materiali saes of'.the city shall
id=TJ 7 0US1yC or, method =xof, coli ddverk the board in"its'
BOARD OF.rAPPEdLS +'struction pto Med fhe _ operations.
NOW THEREFORE„Bf i board;•; finds the ,, 6 -Removal The city
IT ORDAINED; BY THE; proposed material or `council may reprove.
CiTY,COUNGIL OF THE methodofconstruction `any memlbe fortca se
CITY OF DUBUQUE - iso satisfactory for,;the ,'upon written°-c larges,
IOWA use intended -', and and }after 'a,`-public
Section i Section 14• coni` hes With. the hearing
1A-6 of the-, City -of provisions of this-code 4••
-Dubuc(ue Coe ; of an that fhe material Section 5• Section 14=
Ordinances + is ire eby - or +method” is; for the -1) °of tie- -0ity +of
,amended to ;read as
Purpose 4rifende. at Dubuque 't Cod o,
follows ' 7 i east equivaIent totitat Ordinances, is hereby'
14 lA 6 . Bi1ILDIN prescribed by this code amended to read as
CODE AND 'ADVISORY in, suitability,'sfrength; follows. ,-
APPEALS BOARD -_effectiveness,., dura 14 1J 2: INTERNA
bility, and safety . TIONAL - PROPERTY
M Powers (The board . All, appeals must be . MAINTENANCE CODE
110the following conducted inaccor, AMEi'DJNENTS
powers Ndutes t and" dance :With the` pro -The following adds-'-
respons'fbilitles, % cedures specified n tions `3deletions modi-
1 Any1persoh vy io isi this code fications or amend
aggrievedbyadei is Section 3 Seetibn 14 merits of the interna--
ion of they bU(Idi g = it 4 of the City of tioiial prbl7e1-ty hlialnt'e=`"
official on ;any re Dubugie Codeyn
of ance hcode� 2015
quiremertts resulting Ordfriarices'i 'heteby 'edition aifopted t`Jri`
from, the - enforcement -_ . amended- to - read -'As .section 14-11-1. of this
of the building code follows - article to read . as
may;appeai from such14 1F. 4 MECHAt_31CAL follows
ecisioh fo the buiidifi Ai b pL1J .4BING `CODE
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Kevin Firnstahl
From:Jennifer Griffin
Sent:Thursday, August 24, 2017 4:19 PM
To:rob@sterlingcodifiers.com
Cc:Crenna Brumwell; Kevin Firnstahl
Subject:FW: Sterling Codifiers Question on Ord 34-17 Title 14-1 Building Code/Appeals Board
Attachments:Ordinance 34-17 Title 14 Chapter1 Bldg Code Boards and Appeals.docx
Rob: Thank you for noticing the difference. Our Housing Board of Appeals would like their notice of meeting section to
remain at not less than 10 days nor more than 90 days, with the reason being as long as they have enough time to get
the public notice out and get quorum, they don’t want to be restricted and have to wait 30 days to have a hearing on
matters that could be pressing. So the ordinance doesn’t require any change.
Thank you,
Jenny
From: Kevin Firnstahl
Sent: Wednesday, August 16, 2017 4:11 PM
To: Crenna Brumwell <Cbrumwel@cityofdubuque.org>; Maureen Quann <Mquann@cityofdubuque.org>
Cc: Jennifer Griffin <Jgriffin@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org>; Erica Haugen
<Ehaugen@cityofdubuque.org>
Subject: Sterling Codifiers Question on Ord 34-17 Title 14-1 Building Code/Appeals Board
Sterling Codifiers is questioning Ordinance 35-17 as noted below.
I’ve attached the ordinance for reference.
Please advise.
Thank you.
Kevin
From: Rob Rollins \[mailto:rob@sterlingcodifiers.com\]
Sent: Wednesday, August 16, 2017 4:04 PM
To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>
Subject: ordinance question
Ord 34-17 page 3 section 14-1F-4 subsection I – reads “…thirty days and not more than ninety days…” almost all the
section in this ord were change to this from what was “…10 days to 60 days” on page 5 section 14-1J-7 subsection I
reads “…less than ten days and not more than ninety days” --- shouldn’t this “ten days” been changed to “30 days” like
all the other sections? We will go per ord, however recommend your review.
Thanks -
Rob Rollins, President
Sterling Codifiers
3906 N. Schreiber Way
Coeur d’Alene, ID 83815
1
rob@sterlingcodifiers.com
208-665-7193
ss
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