Demoliton by Neglect in Historic & Conservation DistrictsPlanning Services Department
City Hall
50 West 13t'' Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 589-6678 TDD
planningQcity ofdubuque. org
THE CITY OF
DUB E
MQStelpieCe Oft tl~ MiSSiSSI~Ii
July 24, 2009
The Honorable Mayor and City Council
City of Dubuque
50 W.13t" Street
Dubuque, IA 52001
RE: Demolition by Neglect in Historic and Conservation Districts
Dear Mayor and City Council Members:
Introduction
The enclosed ordinance amendments are being forwarded to strengthen the standards
for applying Demolition by Neglect in historic and conservation districts. The ordinance
amendments are in response to enforcement difficulties for a number of neglected
properties located in historic and conservation districts.
Discussion
At a June 18t" work session, the Historic Preservation Commission met with Planning,
Building and Legal Services Staff to discuss challenges and approaches to improving
enforcement of Demolition by Neglect in historic and conservation districts. The
Commission and City Staff reviewed demolition by neglect criteria from other cities.
Minutes and supporting documentation from the work session are enclosed.
The work session identified three key issues and approaches to improving enforcement
efforts for neglected properties:
1. The current criteria for Demolition by Neglect in conservation districts are limited
and do not adequately support enforcement efforts for neglected properties in
conservation districts.
2. The current criteria for Demolition by Neglect in historic districts are similar to
what other cities use, but can be improved upon to more effectively enforce
demolition by neglect in historic districts.
3. Demolition by Neglect criteria should be consistent for historic and conservation
districts. The enclosed ordinance amendments address these issues.
City Staff is in the process of preparing the Unified Development Code (UDC). The
proposed amendments to the ordinance will affect sections 25-7 and 11-4 of the current
City Code so improved enforcement efforts can be made immediately until the UDC is
Demolition by Neglect in Historic & Conservation Districts
F:\Users\djohnson\Council Items\ Demolition by Neglect in Historic & Conservation Districts
Page 2
completed and adopted. The changes to sections 25-7 and 11-4 of the current City
Code will be incorporated into the UDC.
Requested Action
By a vote of 6 - 0, the Historic Preservation Commission recommends City Council
adopt the proposed ordinance amendments to chapters 25-7 and 11-4 of the City Code
with regard to Demolition by Neglect in historic and conservation districts.
Respectfully submitted,
Michael Knight, Chairperson
Historic Preservation Commission
cc Rich Russell, Building Services Manager
Jeff Zasada, Building Inspector
Crenna Brumwell, Assistant City Attorney
Prepared by: Laura Carstens, City Planner City Hall, 50 W. 13`h St. Dubuque IA 52001 563 589-4210
ORDINANCE NO. 37 -09
AMENDING CHAPTER 11 OF THE CITY OF DUDUQUE CODE OF
ORDINANCES EUILDING REGULATIONS SY AMENDING SECTION 11-4
DEMOLITION PERMITS IN CONSERVATION DISTRICTS TO PROHIBIT
DEMOLITION Y NEGLECT
Whereas, the Historic Preservation Commission has recommended
amendments to Chapter 11 Building Regulations of the City of Dubuque Code of
Ordinances regarding prohibition of demolition of neglect in conservation
districts; and,
Whereas, the City of Dubuque has established conservation districts to
allow for the City Council's review of demolition permits that might impact
buildings of historic or architectural significance in these districts; and,
Whereas, the City Council has appointed a Historic Preservation
Commission to review demolition permits in conservation districts, and provide
recommendations to the City Council; and,
Whereas, the City Council finds that the recommended amendments to
Chapter 11 are consistent with the goals and objectives of the City's
Comprehensive Plan and the purpose and intent of the City's Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED EY THE CITY COUNCIL OF THE CITY
OF DUDUQUE, IOWA:
Section 1. Section 11-4 of the City of Dubuque Code of Ordinances is
hereby amended by amending Subsection (h) as follows:
(h) Demolition By Neglect Prohibited. The owner of a building or structure in any
conservation district shall preserve and keep in good repair all of the exterior portions of
such buildings and structures and all interior portions thereof whose maintenance is
necessary to prevent deterioration and decay of any exterior portion. This shall be in
addition to all other provisions of law requiring property and improvements to be kept in
good repair. The owner shall repair the building or structure to correct any of the
following defects as determined by the City's Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall
and injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle
due to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support
the load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations, or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations, or floors, including broken windows and doors;
(10) Any default, defect, or condition in the structure which renders it
structurally unsafe or not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, wall facings, and architectural details that cause instability, loss
of shape and form, or crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by
the elements, or animal and/or insect infestation.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 3rd day of August , 2009.
Attest:
~~ J.
eanne F. Schneider, City Clerk
~ ~
Roy . B~~ ,Mayor
EFFECT OF AMENDMENT
Sec. 11-4. Demolition Permits in Conservation Districts.
(h) Demolition By Neglect Prohibited. The owner of a building or structure in Peal
nrnn°r+., in any conservation district shall preserve and keep in good repair all of the
exterior portions of such buildings and structures and all interior portions thereof whose
maintenance is necessary to prevent fFer~-deterioration and decay of any exterior
portion. .This shall be in
addition to all other provisions of law requiring property and improvements to be kept in
good repair. The owner shall repair the building or structure to correct any of the
following defects as determined #eu-r~d-by the sCity's Building Official ~°°inn^+°rI
anfnrn°m°n+ nFfin°r
(1) Parts which are improperly or inadequately attached so that they may fall
and inlure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
(4) Walls partitions or other vertical supports that split, lean, list, or buckle
due to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings roofs ceiling or roof supports, or other horizontal members which
sag split or buckle due to defect or deterioration or are insufficient to support
the load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(~8) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations1 or floors, including broken windows and doors;
(~9) Defective or lack of weather protection for exterior wall coverings,
foundations) or floors, including broken windows and doors;
(~10) Any default, defect1 or condition in the structure which renders it
structurally unsafe or not properly watertight; e~
(411) Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety-i
r'12) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, wall facings, and architectural details that cause instability, loss
of shape and form, or crumbling;
(14) Rotting, holds, and other forms of decay; or,
(15) Leaving a building or structure open or vulenerable to vandalism, decay by
the elements, or animal and/or insect infestation.
Prepared by: Laura Carstens, City Planner City Hall, 50 W. 13`h St. Dubuque IA 52001 563 589-4210
ORDINANCE NO. 38 -09
AMENDING CHAPTER 25 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES HISTORIC PRESERVATION BY AMENDING SECTION 25-7()
DEMOLITION BY NEGLECT PROHIBITED
Whereas, the Historic Preservation Commission has recommended
amendments to Chapter 25 Historic Preservation of the City of Dubuque Code of
Ordinances regarding prohibition of demolition of neglect in historic districts; and,
Whereas, the City of Dubuque has established historic districts to promote
the educational, cultural, economic, and general welfare of the public through the
protection, enhancement, and perpetuation of properties with historic and cultural
significance; and,
Whereas, the City of Dubuque safeguards the City's prehistoric, historic,
aesthetic, architectural, archeological, and cultural heritage by preserving historic
properties, districts, landmarks, and landmark sites of historical, architectural,
and cultural significance; and,
Whereas, the City Council finds that the recommended amendments to
Chapter 25 are consistent with the goals and objectives of the City's
Comprehensive Plan and the purpose and intent of the City's Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ®UBUQUE, IOWA:
Section 1. Section 25-7(b) of the City of Dubuque Code of Ordinances is
hereby amended as follows:
(b) Demolition By Neglect Prohibited. The owner of a building or structure in any
historic district, or of a landmark or landmark site, or individually designated historic
property shall keep in good repair all the exterior portions of such buildings or structures
and all interior portions thereof whose maintenance is necessary to prevent
deterioration and decay of any exterior portion. This shall be in addition to all other
provisions of law requiring property and improvements to be kept in good repair. The
owner shall repair the building or structure to correct any of the following defects as
determined by the City's Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall
and injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle
due to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support
the load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations, or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations or floors, including broken windows and doors;
(10) Any default, defect, or condition in the structure which renders it
structurally unsafe or not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, wall facings, and architectural details that cause instability, loss
of shape and form, or crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by
the elements, or animal and/or insect infestation.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 3rd day of August , 2009.
Attest:
eanne F. Schneider, City clerk
J `~~ LAS
Roy D~ uol, Mayor
EFFECT OF AMENDMENT
Sec. 25-7. Demolition of Landmarks, Landmark Sites, Individually Designated Historic
Properties, or Structures in Historic Districts; Demolition By Neglect; Certificate of
Economic Nonviability.'
(b) Demolition By Neglect Prohibited. The owner of a building or structurerea~l
y in any historic district, or of a landmark or landmark site, or individually
designated historic property shall rp,'-ems ^~~-an~keep in good repair all the exterior
portions of such buildings or structures and all interior portions thereof whose
maintenance is necessary to prevent deterioration and decay of any exterior portion.
This shall be in addition to all other provisions of law requiring property and
improvements to be kept in good repair.
. The owner shall repair the building or structure to correct
any of the following defects as determined #e-by the Csity's Buildin
Official~° ~,.,,n}o.J onfnrnomori+ nffir+cr~
(1) Parts which are improperly or inadequately attached so that they may fall
and injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
(4) Walls, partitions) or other vertical supports that split, lean, lists or buckle
due to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support
the load imposed;
(6) Fireplaces and chimneys which list, bulge1 or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling1 or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations) or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations, or floors, including broken windows and doors;
(10) Any default, defect1 or condition in the structure which renders it
structurally unsafe or not properly watertight;
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(~11 Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety; er
(~12 Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style-i
(13) Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, wall facings, and architectural details that cause instability, loss
of shape and form, or crumbling;
(14) Rotting, holes, and other forms of decay; or,
(15) Leaving a building or structure open or vulnerable to vandalism.
Minutes -Historic Preservation Commission
Work Session -June 18, 2049
Page 2
property owner. Staff Member Johnson noted that since the Ordinance is limited to historic
and conservation districts, all property owners in those areas are eligible for the Historic
Preservation Revolving Loan Funds to help finance the installation of appropriate windows.
Demolition by Neglect in Conservation Districts: Staff Member Johnson explained that City
staff has been discussing ways #o more effectively enforce demolition by neglect in
conservation districts. He stated the City is in the process of preparing the Unified
Development Code. He explained demolition by neglect in historic districts and
conservation districts are part of the Code. He explained the Commission has reviewed
and suggested changes to improve upon the sections of the Code. He stated City staff has
identified the potential to improve upon the existing and proposed code language to more
effectively enforce demolition by neglect in conservation districts.
Work session participants discussed the problems with enforcement of demolition by
neglect in conservation districts. Staff Member Brumwell discussed the problems with
interpretation of the ordinance. Staff explained they have researched how demolition by
neglect is enforced in other cities, including New Orleans and Washington D.C. Staff
explained that research indicates that the current criteria for demolition by neglect in
historic districts for the City of Dubuque ~is commonly used for other cities in the country.
Staff stated the demolition by neglect in historic district criteria would be beneficial to
enforcement of demolition by neglect in conservation districts. The Commission suggested
a uniform enforcement approach for demolition by neglect in historic districts and
conservation districts that would use the same requirements and criteria.
Commissioner McDonell entered the meeting at 4:35 p.m.
Staff Member Brumwell suggested changing the language for demolition by neglect in
historic and conservation districts to clarify that the building official will determine
demolition by neglect. She explained that by doing so, much of the issue of interpretation
will be removed from the process. Staff suggested adding a criterion which reads,
"Deteriorated porches, hand rails, exterior stairs, decks, or inadequate foundations." Staff
suggested adding another criterion to correct defects such as rotting holes and other forms
of decay. Staff suggested a criterion to correct defects which leave a building or structure
open or vulnerable to vandalism, decay from the elements, insect infestation, and animals.
The Commission discussed the proposed changes and was in agreement with staffs
recommendations. The Commission was hopeful new language would improve demolition
by neglect enforcement in conservation districts.
Commissioner Olson asked for the historic preservation enforcement report to be placed
on the Historic Preservation Commission meeting agenda for discussion purposes. Staff
Member Brumwell explained that would be fine, as long as Commissioners continue to
make enforcement referrals as individual citizens, rather than acting in an official manner
as a City Commission.
Minufes -Historic Preservation Commission
Work Session -June 18, 2009
Page 3
Commissioner Olson asked why enforcement takes so Tong. Staff Member Brumwell
explained litigation takes a long time. She explained that new matters often arise after
compliance with a different problem. She explained coordinating enforcement of multiple
codes can take time. She explained if a property owner does not have the resources to fix
a violation there isn't any legal action that will effectively and practically work to bring a
property into compliance. She explained citations only work when a property owner has
the means to be held to it. She explained the City has been thinking outside the box on
enforcement to get repairs done.
ADJOURNMENT: The meeting adjourned at 4:50 p.m.
Respectfully submitted,
David Johnson, Assistant Planner Adopted
F:IUSERS1Kmunson\WP1Boards-Commissicns\HPCWlinutes\HPC Minutes 2009~HPC Jun 18 2009 Work Session.doc
THE CITY OF DIIbUgll@
"".~
DuB E
r ~-
Masterpiece on the Mississippi
2007
TO: Historic Preservation Commission
FROM: Laura Carstens, Planning Services Manager ..~
SUBJECT: Demolition by Neglect in Conservation Districts
DATE: June 11, 2009
Introduction
City Staff has been discussing ways to more effectively enforce Demolition by Neglect in
Conservation Districts.
Discussion
City Staff is in the process of preparing the Unified Development Code. Demolition by
Neglect in Historic Districts and Conservation Districts are part of the code. The Historic
Preservation Commission has reviewed and suggested changes to improve upon these
sections of the code. Enclosed are the proposed sections in UDC Article 10 with the
Commission's suggested changes.
The standards for applying Demolition by Neglect are stronger in Historic Districts than
Conservation Districts. City Staff has been asked to strengthen the standards for applying
Demolition by Neglect in Conservation Districts. Enclosed is information from Assistant City
Attorney Crenna Brumwell regarding Demolition by Neglect ordinances from other cities.
Enclosed is a chart which shows provisions already found in the City Code that address the
property conditions that lead to demolition by neglect.
Options to consider are:
1. Leave the recommended language in UDC Article 10 as is.
2. Apply the same standard for Conservation Districts as Historic Districts.
3. Develop different standards.
Reauested Action
The requested action is for the Historic Preservation Commission to discuss what changes
to UDC Article 10 may be needed.
Cc Rich Russell, Building Services Manager
Jeff Zasada, Building Insepctor
Crenna Brumwell, Assistant City Attorney
Section II -Land Use Regulations Article 10 -Historic Preservation Commission
s The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the
West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque,
Iowa, also known as 40 & 42 Main Street.
10-$ Demolition of Landmarks, Landmark Sites, Individually Designated Historic
Properties or Structures in Historic Districts; Demolition By Neglect; Certificate of
Economic Non viability
A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated
historic properties or structures within historic districts is prohibited unless, upon
application and after hearing, the Commission issues a certificate of appropriateness or a
certificate of economic non-viability pursuant to Section 10-9 of this chapter.
B. Demolition By Neglect Prohibited: The owner of ~"_~' -"'r~"°nT a building or stnucture in
any historic district, or of a landmark or landmark site, or individually designated historic
property shall keep in good repair all the exterior portions of such buildings or structures
and all interior portions thereof whose maintenance is necessary to prevent deterioration
and decay of any exterior portion. This provision shall be in addition to all other
provisions of law requiring property and improvements to be kept in good repair.
re . ~. The owner shall repair the building or structure to correct any of the following
I ~ '
defects found by the city's designated enforcement officer:
1. Parts which are improperly or inadequately attached so that they may fall and injure
persons or property;
2. A deteriorated or inadequate foundation;
3. Defective or deteriorated floor supports or floor supports that are insufficient to carry
the loads imposed;
4. Walls, partitions or other vertical supports that split, lean, list or buckle due to defect
or deterioration or are insufficient to carry the load imposed;
5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split,
or buckle, due to defect or deterioration or are insufficient to support the load
imposed;
6. Fireplaces and chimneys which list, bulge or settle due to defect or deterioration or
are of insufficient size or strength to carry the loads imposed;
7. Deteriorated, crumbling or loose exterior stucco or mortar;
8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or
floors, including broken windows and doors;
9. Defective or lack of weather protection for exterior wall coverings, foundations or
floors, inchiding broken windows and doors;
Dubuque, IA UDC Adopted 00/00/0000 224
Section II -Land Use Regulations Article 10 -Historic Preservation Commission
10. Any default, defect or condition in the structure which renders it structurally unsafe or
not properly watertight;
{-lam 11. Deterioration of any exterior feature so as to create a hazardous condition which
could make demolition necessary for the public safety; or
~} 12. Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style.
C. Emercency/Hazard Removal: In the event that a building or struchu•e becomes dammed
by fire or other calamity or disaster. to such an extent that the City Building Official
determines it cannot reasonably be repaired and restored, or it poses an immediate risk to
public safety and well-being after consultation with a licensed architect or engineer in
determining whether a building or structure can be reasonableaired stabilized or
restored, anyportion thereof may be removed in conformance with applicable laws.
10-9 Alteration Of Landmarks, Individually Designated Historic Properties,
Landmark Sites Or Structures In Historic District, " ~ '' nc "' ""^`^"°^'
f"^~*;r^^~^ ns~^^~^--•;~ "'^~ - ^h:"*-. Procedure for Desitin Review
A No regulated permit or site plan approval for the alteration of Landmarks Individually
Designated Historic Properties Landmark Sites or Structures in Historic Districts may be
issued prior to review and action by the Commission unless a determination of no
material effect has been made in accordance with this chapter.
B Nothiua in this chapter shall be construed to~revent ordinary maintenance or repair of
any landmark. landmark site or structure or site within an historic district where such
maintenance or repair does not involve a material change of appearance which
necessitates issuance of a re elated permit or site plan approval.
C An application for a regulated permit or site plan approval shall be made to the
appropriate city official The application shall state or the appropriate city official shall
determine whether the proposed work or activity is to be done on a landmark, landmark
site individually designated historic property or on a structure within an historic district.
D If the application demonstrates no material effect as recognized by this chapter, then the
City Manager or City Manager's designee may issue a determination of no material
effect which shall authorize the proposed work or activity to proceed. If a permit
implication does not demonstrate compliance with the standards for a determination of no
material effect then an application must be made for Commission review of the proposed
work or activity The application for Commission review shall be filed in the planning
services department.
Dubuque, IA UDC Adopted 00/00/0000 225
Section II -Land Use Regulations Article 10 -Historic Preservation Commission
applicant requests and the Commission grants an extension of such time, shall
constitute Commission approval thereof. The recommendation of the Commission
shall be transmitted to the city clerk. The city clerk shall promptly transmit the
recommendation and the application to the City Council for its consideration.
In determining whether to recommend approval or denial of the request, the
Commission shall consider whether the proposed conservation district, or the
expansion or alteration of the district, has historic or architectural significance to the
community.
3. At its next regular meeting following receipt of the recommendation of the
Commission by the city clerk, the City Council shall approve or deny the request.
H. Demolition By Neglect Prohibited: The owner of real property in any conservation
district shall preserve and keep from deterioration all buildings and structures located on
such real property. The owner shall repair the building or structure to correct any of the
following defects found by the city's designated enforcement officer:
1. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or
floors, including broken windows and doors;
2. Defective or lack of weather protection for exterior wall coverings, foundations or
floors, including broken windows and doors;
3. Any default, defect or condition in the interior or on the exterior of the structure
which renders it structurally unsafe or not properly watertight; or
4. Deterioration of any exterior feature so as to create a hazardous condition which
could make demolition necessary for the public safety.
10-12 Conservation Planning Areas
At the request of the City Council, the Commission shall conduct studies and encourage
~ecial attention to the public planning design, constniction, and maintenance needs with
respect to land use transportation public utilities public facilities housing open space
historic preservation, urban design and other elements of the Comprehensive Plan in the
followine conservation planning areas:
A. Phase I Historic and Architectr~ral Survey Area: an area located in the
VVashington/Jackson/E1m Street area north of the central business district in the Coiner
B. Phase II Historic and Architectural Survey Area: an area northeast of the on final plat of
the Citv of Dubuque with two distinct sub-areas: the Rhomberg/Eagle Point
nei~.hborhood which consists primarily of three streets (Garfield, Rhomberg and Lincoln)
rw~ning Northeast and Southwest from Kniest Street to Eagle Point area: and, the
Dubuque, IA UDC Adopted 00/00/0000 245
Summary of Demolition by Neglect Provisions from other locales
Charlottesville, Virginia
A property owner shall not permit a structure to deteriorate so badly that it
produces a "detrimental effect' on a historic district or landmark.
• Includes maintenance of the surrounding environment fences, gates,
sidewalks, steps, signs, accessory structures and landscaping
• Includes an economic hardship provision
o Explains the process for a hardship finding
o Spells out the required information for evaluation
o Comparable to a variance process
Davidson. North Carolina
• Economic hardship provision
• Boarded up windows and doors prohibited
o An exception is enumerated
• Deterioration or crumbling of exterior plasters or mortars
• Rotting, holes, and other forms of decay
• Deterioration of exterior stairs, porches, handrails, window and door frames,
cornices, entablatures, wall facings, and architectural details that cause
delamination, instability, loss of shape and form, or crumbling
• Deterioration of any exterior feature so as to create or permit the creation of
any hazardous or unsafe conditions to life, health or other properly
East Washington, Pennsylvania
• Significant rotting and other forms of decay
• Creation of any unsafe condition or conditions
• Leaving a building or structure open or vulnerable to vandalism or decay by
the elements
• Deterioration of exterior walls or other vertical supports, roofs, or horizontal
members, and external chimneys such that the structural integrity of the
building or structure may be threatened or compromised
Hillsborough. North Carolina _
• Deterioration of contributing accessory structures
Chapel Hill. North Carolina
• Same as Davidson
New Orleans. Louisiana
• Deterioration of a building to the extent that it creates or permits a
hazardous or unsafe condition as determined by the Department of Safety
and Permits
• Buildings characterized by 1 or more of the following:
O ......
o Buildings with parts attached so they may fall and injure the public or
property
o Deteriorated or inadequate foundation
o ......
Washington, D.C.
• Case file process
o Good outline
o Informal at first
Suggestions for Dubuque:
1) Adopt a "case file" approach, similar to the District of Columbia policy
2) Add the following to §11-4 of the City of Dubuque Code of Ordinances:
a. Economic Hardship provision
b. Boarded up windows and doors provision
c. Deterioration or crumbling of exterior plasters or mortars (consider
adding as "exterior finishes")
d. Rotting, holes, and other forms of decay j
C
e. Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, wall facings, and architectural details that cause
instability, loss of shape and form, or crumbling
f. Deterioration of any exterior feature so as to create or permit the
creation of any hazardous or unsafe conditions to life, health, or other i
property
g. Leaving a building or structure open or vulnerable to vandalism or
decay by the elements
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