Code of Ordinances Amendment Title 14 Vacant and/or Abandoned Building Copyrighted
July 16, 2018
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment Title 14 Vacant and/or
Abandoned Buildings
SUMMARY: City Manager recommending approval of an amendment to
the City of Dubuque Code of Ordinances, Title 14, Chapter
4 Licensing of Vacant and/or Abandoned Buildings.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 4
Licensing of Vacant and/or Abandoned Buildings, Section
14-4-1 Definitions
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Vacant and/or Abandoned Building Ordinance City Manager Memo
Amendment-NNM Memo
Staff Memo Staff Memo
Proposed Ordinance Ordinance
Effect of Amendment Supporting Documentation
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacant and/or Abandoned Building Ordinance Amendment
DATE: July 12, 2018
Building Services Manager David Johnson recommends City Council approval of an
amendment to the City of Dubuque Code of Ordinances, Title 14, Chapter 4 Licensing
of Vacant and/or Abandoned Buildings.
The City of Dubuque has licensed vacant and/or abandoned buildings since ordinance
52-06 was adopted June 19, 2006. The ordinance was in response to residents and
neighborhood organization's concerns regarding the negative influence unmonitored
and unsecured vacant and/or abandoned residential and commercial buildings have in
neighborhoods. When unmonitored and unsecured, these properties can become a
nuisance and attractant for criminal activities. Licensing vacant and/or abandoned
buildings provides a means for the City to annually inspect and monitor vacant and/or
abandoned properties to ensure they are maintained to standards and properly secured.
The proposed amendment will make licensing efforts more effective. The amendment
changes "Not serviced by public utilities" to "Not consuming or using one or more
utilities provided by any one or more of the public utilities." Currently, properties that are
vacant/ and or abandoned, but connected to a utility have been able to avoid licensing
efforts. This does not conform with the intent of the ordinance and compromises the
city's ability to inspect and monitor these buildings and foster stable neighborhoods.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
David Johnson, Building Services Manager
2
THE CTTY OF Dubuque
�"
ui���eNe�ary
DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: Michael C. Van Milligen, City Manager
FROM: David Johnson, Building Services Manager ��
SUBJECT: Vacant and/or Abandoned Building Ordinance Amendment
DATE: July 8, 2018
Introduction
This memorandum forwards the enclosed amendment to the City of Dubuque Code of
Ordinances, Title 14 Building and Development, Chapter 4 Licensing of Vacant and/or
Abandoned Buildings, Section 14-4-1 Definitions for City Council's consideration.
Background
The City of Dubuque has licensed vacant and/or abandoned buildings since ordinance
52-06 was adopted June 19, 2006. The ordinance was in response to residents and
neighborhood organization's concerns regarding the negative influence unmonitored
and unsecured vacant and/or abandoned residential and commercial buildings have in
neighborhoods. When unmonitored and unsecured, these properties can become a
nuisance and attractant for criminal activities. Licensing vacant and/or abandoned
buildings provides a means for the City to annually inspect and monitor vacant and/or
abandoned properties to ensure they are maintained to standards and properly secured.
Discussion
The proposed amendment to Section 14-4-1 Definitions will make licensing efforts more
effective. The effect of the amendment changes Criterion H of Vacant Building as
defined. Specifically, the amendment changes "Not serviced by public utilities" to "Not
consuming or using one or more utilities provided by any one or more of the public
utilities." Currently, properties that are vacanU and or abandoned, but connected to a
utility have been able to avoid licensing efforts. This does not conform with the intent of
the ordinance and compromises the city's ability to inspect and monitor these buildings
and foster stable neighborhoods.
The proposed amendment will require buildings consume one or more utilities. The
amendment requires either minimal occupancy in a building or affords the city another
option to license, inspect and monitor the property.
Requested Action
To better support the livability and safety of our neighborhoods, I respecffully request
City Council's consideration and approval of the ordinance amendment.
1
cc Maureen Quann, Assistant City Attorney
Alexis Steger, Acting Housing and Community Development Director
Jeff Zasada, Inspector II
f:\users\bldg\shared\dave\vab's\ordinance amendement 07_02_18.doc
2
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 26-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES 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 14-4-1 of the City of Dubuque Code of Ordinances is
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 (1) 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, International Residential Code, or International Fire
Code adopted by the City of Dubuque.
BUILDING CODE: The International Building Code promulgated by the International
Code Council, as adopted in section 14-1A-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the
conditions or defects hereinafter described; provided, that such conditions or defects
exist to the extent that the life, health, property or safety of the public or the occupants
of the building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe. as to not provide
safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to
all dead and live loads, is more than one and one-half (11/2) times the working
stress or stresses allowed in the Building Code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the Building Code for new buildings of similar
structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or
damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half (1/2) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or structure, or any portion thereof, is likely to
partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its
nonsupporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibitionapplicable to
such building or structure provided by the building regulations of this city, as
specified in the building code or property maintenance code, or of any law or
ordinance of this state or city relating to the condition, location or structure of
buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire
resisting qualities or characteristics; or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
0. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether
in a building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health,
welfare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a
hazard by reason of inadequate maintenance, dilapidation or obsolescence or
abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the city
manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code,
as adopted in chapter 1, article J of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or conditional uses
designated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any one or more
of the public utilities.
1. For purposes of this chapter, public utilities are defined as water,
natural gas, and electricity.
2. The minimum fee billed for properties having a water meter, stop
box, or service line but not actually using water does not constitute water
consumption for purposes of this chapter.
3. Storm water does not constitute a public utility for purposes of this
chapter.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 16th day of July, 2018.
Attest:
Kevi,h S. Firnstahl, City Clerk
D. Buol, Mayor
EFFECT OFAMENDMENT
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 (1) 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, International Residential Code, or International Fire
Code adopted by the City of Dubuque.
BUILDING CODE: The International Building Code promulgated by the International
Code Council, as adopted in sedion 14-1A-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the
conditions or defeds hereinafter described; provided, that such conditions or defects
exist to the extent that the life, health, property or safety of the public or the occupants
of the building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide
safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to
all dead and live loads, is more than one and one-half (1�/z) times the wnrking
stress or stresses allowed in the Building Code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the Building Code for new buildings of similar
structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or
damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half (�/z) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the wnrking
stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or strudure, or any portion thereof, is likely to
partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construdion;
3. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third (Vs) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its
nonsupporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or strudure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to
such building or structure provided by the building regulations of this city, as
specified in the building code or property maintenance code, or of any law or
ordinance of this state or city relating to the condition, location or strudure of
buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire
resisting qualities or characteristics; or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or strudure is in such condition as to constitute a
public nuisance known to the common law or in equityjurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a"nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether
in a building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health,
welfare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a
hazard by reason of inadequate maintenance, dilapidation or obsolescence or
abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the city
manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code,
as adopted in chapter 1, article J of this title.
I UNOCCUPIED: Not enaaaed in anv principal permitted uses or conditional uses
desianated for the zonina distrid in which a buildina is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a"dangerous building"as defined in this sedion;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuminq or usinq one or more utilities providedsea4se by anv one
or more of the public utilities.
1. For purposes of this chapter, public utilities are defined as water, Formatted:mde�t�en: i••,F�r�t r�e: o••
natural aas, and electricitv.
2. The minimum fee billed for properties havina a water meter, stop Formatted:IndenT.Left: 1",Firs[line: 0"
box, or service line but not actuallv usina water does not constitute water
consumption for purposes of this chapter.
3. Storm water does not constitute a public utilitv for purposes of this Formatted:IndenT.Left: 1"
chapter.
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 20, 2018, and for which the charge is $108.07.
Subscribed to before m ` Notary Public in and for Dubuque County, Iowa,
this 7i day of , 20 /f .
Notary Public in and for Dubuque County, Iowa.
M1.v.IAt
MATY K WESTE MEYER
Commission Number 154B85
My Commission Exp. Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE NO. 26-18
AMENDING CITY OF
DUBUQUE CODE QF
ORDINANCES TITLE
14 BUILDING AND DE-
VELOPMENT, , :CHAP-
TER, 4 LICENSING OF
VACANT, AND/OR
ABANDONED " BUILD-
INGS, ,SECTION 144-1
DEFINITIONS.
NOW, THEREFORE,
BE IT ORDAINED BY
THE, CIT COUNCIL
OF_ ' tHE''CITY OF
DUBUQUE, IOWA:
'Section 1..Section '14-
4-1`of ' the : City of
Dubuque Code' of Ordi-
nances is ainen'ded to
read 'as follows,"
14-4-1: DEFINITIONS:
For th'e purpose' of this
chapter, certain terms,
phrases, words' , and
their' derivatives shall
be construed as`speci-,
fled in either; this chap-
ter dr,'as specified in
'the Building Code or
the Property ` Mainte
Hance` 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—state
funjess \the{context—
elearlyt;indiitates a dif
;;phe and: is less than the
minimum:: requirements
;'ofthe Building Code for
new ',buildings' of simi-
Ilar "structure, purpose
or location
• E.,Whenever, any por-
..tion or member, or ap-
purtenance "thereof is
likely to fail, or ,tobe-
come detached or dis-
lodged,- or
is-lodged,;or to collapse
and thereby- injure, per-
sons or: damage prop-
erty.
F. Whenever any por-
tion of a building, or
any member, appurte-
nance or grnamenta-,
tion on the exterior
thereof is not of suffi-
cient strength or stabil-
ity or is not Aso
anchored, attached or
fastened, in place so as
to be capable of resist-
ing a wind 'pressure 'of
one-half (1/2) 'of that
specified` inthe build-
ing codefor new,build-
ings of, similar Struc-
ture, purpose or loca-
tion without exceeding
the working `stresses
permitted in the build-
ing code for such build
.ings.
G. Wheneverany
" thereof:; ' has
. wracked, warped,
buckled or settled to
such an " extent that
walls or,' other' strut
tural portions have'ma-
terially less' resistance
to' winds or earth-
quakeSthan is required
in theA`case of similar
new construction
H ."'Whenever;",the,
bwlding <ior structure,
or any portion • thereof,,
is likely, to -partially or
completely, ,collapse
becausebf
1 Dilapidation r deteri-
oration o"r,;decay; ; :.
'2. Faulty;construction;
3. The. removal, move-
ment ,or instability of
,any. portion ,of the -
ground necessary; for
the purpose of support-
ing such,building;,
4. The deterioration,
decay or inadequacy. of
its founda�tion; or
5. Any:other cause.
•I. WheneVer-for any
'reason, the building or
structure,or any' :por-
tion thereof, is Mani
festly' unsafe for the
-purpose forwhich-it is
being used.
,'-J. Whenever the exte
rior Walls -or other ver-
tical 'sti-Ucturalmem=
bers list, lean or, buckle
to such an extent that
a 'plumb ,:line passing
thlough the center of
gravity does not fall in-
side. the middle one-
third (1/3) of the baser
K. Whenever the
building : or structure,
exclusive of the 'foun
dation, ,shows thirty
three percent (33%) or
more damage or dete-
rioration of its support-
ing, member. ;. or
members; *or fifty per-
cent (50%) damageior
deterioration of its
nonsu erfti
.. Vinrc.J nhnln�.nnnan- ... 4
determined, by the fire
marshal to be a:,fire
hazard.:
,Q. Whenever . any
building, or structure is
in such condittion as to
constitute a public nui-
sance known to the
common law or in equi-
tyjurisprudence.
R. Whenever any por-
tion of a building ,or
structure remains on a
site after `the ;demoli
tion ordestruction of
the buiidingor struc-
ture or Whenever any
building or structure is
abandoned for a period
in excess of six ;(6)
months so as; to consti-
tute suCh
onsti-tute,such .building or
portion thereof an at-
tractive nuisance or
hazard to the public.
FIRE CODE. Interna-
tional fire code, as
adopted by chapter 1,
article E of this title,
NUISANCE: Each "of
the following shall be
defined :.. as,,. a
"nuisance":
A. 'Any, public nui-
sance knoWn at com-
mon law tin equity
jurisprudence.
B.Any attractiVe nui-
sance whit -fill -lay prove
detrimental to persons
whether, in ,a` builtlirig;
om the premises.', of a
building , or:;uporilan
unoccupied lot+
C. • Whatever, is dan-
gerousto human life or
,is a menace-to'the pub-
lic health, welfare ,or
safety as, : determined
d
by the city manager.
D. A building that is
structurally unsafe, un-
sanitary or`not provid-
ed with adequate safe.
egress ,or+that ;consti-
'ttites a fire ,hazard, or
otherwise constitutes a
hazard by reason;of in-
adequate
mainte-
nance dilapidation; or
obsolescence, or aban-
donment;
E. Uncleanliness to
the:; risk of unhealthi-
ness, as determined by
the;city,manager.
F. Whatever renders
air, food or drink un-
wholesome . or detri-
mental to the health of
human beings as.`: -de-
termined by: the city
manager. , ,,,, '
PROPERTY MAINTE-
NANCE CODE: The city
of Dubuque" property
maintenance code, as
adopted . in chapter; 1,
article J of this title.
UNOCCUPIED: Not en-
gaged in any`.principal
permitted uses or con-
ditional uses designat-
ed for ,then—zoning
district `In which a
building is located.
;VACANTc ;BUILDING:
;AO,building' ;or portion
thereof Which' has been
Unoccupied•for a con-
tinuous =period of time
Over twelve (12)
months and which
meets one or more''of
the following criteriaa
A.,Unsecured•i
B Secured by ro qhs
hen -4,—A :J
•
ordinary accepted , rioration of its support over twelve (12)
'meanings within the ing member. or months and which
context in which they -members; `or fifty per- . meets one or moreof
are, used Unless.other- cent,(50%) damage or the following criteria ?.
wise'"expressly stated deterioration of,> its A.lUnsecured {:ua
c r-iunless \the� contexfu nonsu oFtmg ii eM G Secured by m s
eleariyi and baties a dif tiers enelosingsor•'out other;than those "used
ferent Intent,` the fol- .side walls or coverings. in :-the design of the
lowing terms shall, for L Wheneverthebuild- building; > '
the "purpose '; Of this ,: ing or„"structure, has C. Declared a dan-
chapter, have' the fol • damaged ouldin9r s de
lowing meanings fire
peen winsod 'earthquakeby fined Isnttibuilseetioan,
ABANDONED_ BUILD- or flood,'or has `D: Unfit fof occupancy
ING 'Any building or so dilapidatedfor,'dete- • as• determined -by the'
portion thereof which ` riorated`as(to become elty manager ,
has stood v ith an in • 1) an' attractive ! nw E Noncompliant With
cbni lete exterior shell th' mtefnatiotlal prop
p, Bance to' children;'2) a
for six (6) months ; or harbor for vagrants or erty maintenance code;
longer which” meets criminals or as=t'o 3) ' " '
one _(1) or more of. the F Has housing, build-'
enable persons to re ing fire health or zon-
'following criteria tbtt thereto ' rory the ing code violations
A ,Is unsecured purpose 'of committing 6 Open'to vagrants,
B Is unoccupied ounlawful. acts "
's,�+�,lvandals chi,idrep'orthe
C: Is m violation ofthe ` i M .;Whenever any unwary or `,
International Property building or structure H Nottc`onsuming or
Maintenance Code,=„In has been constructed, using one o,r moreUtili-
ternational, -;Build°ing exists or' S- maintained. ties provided byny
NW
Code International - in violation of any spe orje or more of tie pub-
Residential Code, or In cific requirement or
prohibition lie utilite. c'
ternational , Fire Code 'applicable 1 For purposes of;this
adopted by the City of- to -such ` building or chapter,.pubhp utilities
Dubuque = , structure provided by are defined, as water,
BUILDING�CODE irhe the ,building regula- natural, gas and 'elec-
-international"e Building' tions of this city as tncity
Code promulgated by . sbecified irrthe build- ' `2 The rriinimum fee
the International 'Code ing' code or ,property, billed fora, properties
Council, as adopted in ,maintenance °code, {or :having a:vvater.,meter,
section 1.t 1A-1 of this of any IaW or ordinance, ''stop box;,l or .service
title? ”` of this state 'or city re line but not.actuallyus-
CITY MANAGER: In lating-to'the condition, frig Water does not con-
eludes the 'City Man location or structure of stitute Water consume
ager s designee buildings tion for.-urposes of
DANGEROUS BUILD- N 3 Whenever "anyp
this chapter '
lIJG. Any building or building or structure 3 Storm water does
structure Which has: whibh "whether-'or not not ponstitute a public
any; or all of the condi erected in accordance utility for ',purposes of
tions or defects here with altapplicable laWs this chapter ``
inafter described:G pro and ordinance's, has in . Section 2 ThisOrdi
vided that such condi- any nonsupporting•` Hance takes effect; on
tions or defects exist to part; member'sor por- ., publication
the.!extent that the life, ess
tion' l'than %fifty per- passed, approyed,'and
health property ,or cent (50%) orin"any : adopted=the 16th day
safety of.,the public or supporting part,i mem- of July, 2018
the; occupants of the i bei or'portion less than < /s/Roy D F,tigi ;Mayor
building are epdan sixty sI)percent'(66%) Attest /s/Kevin S., .,
gered of the:' 1) strellgth,'2) Eirhstahl;"City Clerk,'
.A , Whenever, any fire resisting equalities published offic'iaily.in
d:..I.,',1+,,,
or, aisle,.; passage 'or characteristics, 6(.3)- the,`Telegraph ' Herald
Way, stairway, or other weather resisting qual • riewsWoder of the 20th
means of exit is not of ities or characteristics day of July 2018. '
sufficient width or size required by'.law in the / /Kevin s. Ffrnstahl,
or is not so arranged, as case-'of ,, a newly con ' City. Clerk
to providesafe and ad- strutted building of ' at 7/20.._
equte.means of exit in .like ''a'rea height' and ..,
case,of fire or panic° occupancy id the -'same I .
B. Wheneverthe Walk- location:
ing surface, of, s;any , ',O5Wlienever'a build
aisle passageway, ;ing or structure, used
stairway, ,,;or other or i or strdto`be used
means of, exit <.js for' dwellin purposes, !.
warped, worn loose because of inadequate
! tornor otherwise • up- ,:maintenance,' dilapida
safe- as to ,not provide tiOri," -.I dedajr,1 "damage,
safe and.:; adequate faulty` ConStructiOn 'J or
means of,exit in case 9f arrangement; --inade- -
fire or, panic:quate light, air or sani
C° Whenever the i tation facilities; + or
stress in any, materials, otherwise, is deter-
member ., ; or .portion mined by the' .health'of-
thereof, due to all,dead 'f)cer
and iinfit•for' to, bhue"muanhnsanabita-
itary,
live loads, is more
than .one ;and one-half tion or in such a condi
(11/2) times the Work- tion that- is likely to
ing stress or-,stresses cause sickness or •dfs
allowed inthe Building esel-•
Code far, new buildings p° Whenever any I.
of, ;similar• structure, building or- structure, ,
purpose or _location. because of ;.'obsole-
D Whenever any Por cence dilapidated con
.tjothereof has been 'dition, ' ideterioration,`'
damagn ed uy firrth damage inadequate .,
quake,wind „flood ;or exits; lack of.'sufficienf
by any other cause,lto fire-'resistiveconstrue-
I. such an extent that ;the tion, faulty; ' electric;
structural_ strength or •,:wiring gas.".• connec !
stability thereof is ma- tions'or heating'appa- `.
terially less than. it Was . ratus, or other cause, is
before, such catastro•-