Code of Ordinances Amendment - Title 14 Vacant and /or Abandoned Buildings Copyrighted
September 17, 2018
City of Dubuque Action Items # 7.
ITEM TITLE: Code of Ordinances Amendment- Title 14 Vacant and /or
Abandoned Buildings
SUMMARY: City Manager recommending approval of an amendment to
City Code Section 14-4-1 to include the definition of the
International Residential Code.
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
Definitions for Vacant and/or Abandoned Buildings- City Manager Memo
NNM Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
�
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: Definitions for Vacant and/or Abandoned Buildings
DATE: September 10, 2018
Assistant City Attorney Maureen Quann recommends City Council approval of an
amendment to City Code Section 14-4-1 to include the definition of the International
Residential Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�L;� 1��, ����.�
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Maureen Quann, Assistant City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
David Johnson, Building Services Manager
Alexis Steger, Acting Housing & Community Development
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DaTe: September 5, 2018
Re: Definitions for Vacant and/or Abandoned Buildings
City Code Section 14-4-1 was recently amended. As part of the amendment, the
International Residential Code was included in the definition of"abandoned building" but
the International Residential Code was not specifically defined within Section 14-4-1 like
the Building Code, Fire Code, and Property Maintenance Code are. For consistency,
the attached proposed ordinance amendment corrects the oversight.
I request that the proposed corrective amendment is reviewed and forwarded to the City
Council for consideration and approval. Please let me know if you have any questions.
Thank you.
MAQ:jmm
Attachment
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 37-18
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 Toads, 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 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 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 Tess 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.
RESIDENTIAL CODE: International residential code, as adopted by chapter 1, article B
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 17th day of ptember 2018.
Attest:
Kevi S. Firnstahl, City Clerk
ka
Roy D. Buol ayor
EFFECT OF AMENDMENT
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 14-1 A-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 (1 '/z) 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 ('/z) 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.
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 ('/s) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33°k) or more damage or deterioration of its supporting
member or members, or fifty percent (50°k) 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 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 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°k), or in any supporting part,
member or portion less than sixty six percent (66°k) 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 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.
RESIDENTIAL CODE: International residential code, as adopted bv chapter 1 , article B
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.
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: September 21, 2018, and for which the charge is $109.44.
3, a
Subscribed to before me, a ►-•tar Public and for Dubuque County, Iowa,
,20//
this coa day
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
u. vvnenever the stress ciliate, light, dir-'.or sans -
in any niaterials, mem tatiort._, facilities, ,or,
ber or'portioflhthereof, ,otherwise, is deter
due to all dead and 'IV?. Mined by the health; of '
loads, is more than one : ficer to `be,un`anitary,
and , one-half; ' (1/2) ; uriflt;'for"human habita
tunes th'e Working; - tion orcimsuch a.condi-.
stress or stresses, al tion -,;that is;:; likely to
I lowed in the Building' cause sickness or dis
Code for' new buildings ease,
of similar:' structure P. Whenever any
:, purpose orIocation building ,or structure,
b. Wheiie'i i' aiiy`por because ' of•.' ob'soles--
tion therebf has been .cence, dilapidated colt
' damaged by fire, earth2 dition, deterioration,
quake, •wind flebd 'or , damage inadequate
by any other cause, to exits;jlack of sufficient,
;;such an extent that the fire,resistive cons'true=
structural strength or tion,': faulty': electric-
stability thereof is ma wiring, gas connec-
terially less:than, it wastions;'or heating apps=
before.such ': tatastro " ra`tus, or othercause, is;
phe Midis less than the determined by the fire,.,
minimum requirements marshal, to .be a fire:
of the Building Code for hazard.
new buildings of shill- Q. Whenever any
lar; structure purpose building or structure is
or location: ` ' in:such conditio'ri es to ,
E. Whenever any por- constitute a public nui- ;
tion or rnember'.or ep- sanee''known to' -:the
purtenance thereof is 1 common law or in equi-
likely to fail, or;to be- tyiurisprudence...:
come detached or dis- R. Whenever any por-
lodged, or to collapse tion .of a building': or
and thereby Injure ; structure remains ona•
'sons or da'magg prop site 'after the: demob--
. erty. tion or destruction ;of
F. Whenever any por- the ,buildingort struc
tion .of a building,or. ture or whenever any
any member, appurte' building, or structure is •
nanbe or ornamenta=. abandoned fora`period
tion on the exterior in i:xcess • of six,'..(6)
thereof is not of isuffi hiohths so as to; consti-
tient strength or stabil: tote `such = building=•or
' ity or is not' • so • portion thereof,_.an .at
anchored, attached or tractive, nuisance. or
. fastened in place so as hazard to the public. ;
to be capable of resist-- . ";FiRE;,.CODE: interna- .,
• ing s a }wind pressure of, •tional •fire code ' as `,
on"e-half- (1/2). of that adopted; by chapter 1,
specified, in :the build- : article E of this title.
ing`code,for new build -.`.• NUISANCE Each. of
ings of, similar strut the following shall be
ture,purpose or iota defined as " a nui-: ` `
tion without exceeding sapce" i
.the'_ Working; stresses' A "Any public nui-
permitted in the build-.. sante known at. -tom-. ,
ing code for such build- mon law or in ;equity
ings. Jurisprudence.
G. Whenever any por- B,. Any attractive nui . {
tion thereof has wrack- Sancewhicli may prove
"I
ed, warped, buckled".or detrimental to. persons '
settled to such an ez-' -whether in .,;a building,
tent that walls or other on the`' premiessof a 1
strdctural . portions; building or • upon an •<i
have materially less re'r unoccupied lot.`
slstance "'to ;winds" or C, =Whatever is. dan
earthquakes than is re- gerous to humanaife or"
quired in the case" of is a menace to the"pub
similar new'construe= lic'.health;'.Welfaro or,
tion. ' safety, as , determined,
H. Whenever the by the city manager. -
building or structure, D. A building that is
or any portion thereof, structurally unsafe, un -
is ?likely. o;partially'.or sanitary or not; provid-'4'
completely : collapse ed with adequate safe
' because of:, ' egress, or that_consti
OFFICIAL 1. Dilapidation deters- tutes a fire hazard, or
PUBLICATION • ; • oration or"decay, " • ' otherwise constitutes'e
I" ORDINANCE NO. 37-'18 ' 2. Faulty construction; .hazard by,reason' of in- ,
r- AMENDING; CITY OF 3: The removal, move adequate . meinte- ,
1 DUBUQUE CODE OF ment or instability. of nance, dilapidation or
ORDINANCES" TITLE any. j portion of; 'the` , obsolescence or aban -1
14 BUILDING AND. DE- ground" necessary for ; donment.
VELOPMENT, CHAP- . the purpose of support E. Uncleanliness • to
TER 4 LICENSING OF Ing such building the risk of 1 unhealthi-
VACANT AND/OR :4.' The,. deterioration, ' ness; as determined by
ABANDONED 'BUILD", • . decay or• inadequacy of the cltymanager.""" 1
INGS, SECTION 144.1 its foundation; or ' F Whatever renders {
DEFINITIONS J. • 5: Any other cause. air, fogd ori drink un- -'
NOW, THEREFORE, I. Whenever, for any wholesome or " detri-'
BE IT ORDAINED BY, reason; the, building or, mental to the health of °-I
THE CITY COUNCIL structure,, or any por- human beings, as de -
OF." THE CITY OF. •tion thereof, :is mani-terinined by the city
DUBUQUE, IOWA: festly unsafe;' for. the manager.
section 1 Section 14 purpose for, which it is • PROPERTY MAIf4TE-
4 1 of 'the .City "of being used. NANCE CODE: The cit
• Dubuque Code of'Ordiy.
nances is amended to.• o Whenever the exte- m Dubuque. property
read es follows; rlor Walls or other ver- maintenance code; as i
read
4-1: DEFINITIONS:' • tical ::structural mem adopted; in chapter. 1,,
• for the purpose of this
bers Ifst,.lean or buckle article J of this title.
chapter, certain terms, to such an extent that RESIDENTIAL CODE:.
• chapter, . words terms,
a plumb.,line ;passing International residen-
th rase erivatives Shall . through the `center of tial . code,, es adopted,
6e construed as specs- gravity does'not fall in -by, chapter 1 article B
fled in either'this chap- side the middle one- ofthis'title.
ter' or as .specified in' ; third (1/3) of the base. UNOCCUPIED: Not en-
the. 'Building 'Code or ; K. 'Wheneverthe gaged "in.any, principal
the • Property . Mainte-, :building'':'or structure, permitted uses or ;con-
nance Code, -.-1Where exclusive of the foun- ditional uses designat-
terms• are not`; defined, ' dation, • shows thirty ed. for •: thei zoning
they `shall havehaVe'l their .three percent (33%),or: •. district in' which . a
ordinary accepted more damage or dete- building is located.
meanings within the , rioration of its support- VACANT BUILDING:
context in which they , ing member or, mem- Any bUilding`or porton
are used. Unless. other= .'bers, • or fifty percent ,thereof: Which. has been .
wise expressly stated ,:;(50%) damage.or dete- unoccupied; for a con -
or unless the context rioration of its nonsup- . tinuous period of time
clearly indicates a dif- .porting members, : en- over . twelve (12)
ferent intent, ,the fol- •.'closings or ..,'outside months: and which
lowing terms shall, for walls or coverings. ,.meets one or; more of
the ;.°purpose.•':'of this .1.Whenever the build- the efolloWin'gCriteria:
chapter, have the fol- ing or structure r' has A. Unsecured;
lowing meaning's.` • beenso damaged by B. Secured by means
ABANDONED BUILD- fire, •'wind, , earthquake other than those used
ING: Any building or or flood, `or has become . in the design of the
• portion :thereof- which so dilapidated or dete- building;. '
.. has stood with; an in- riorated as to become: C. Declared a "den -
complete exterior shell. 1) an attractive nus-.
for six (6) months or sance to children; 2) a Serous building" as de-
longer- which ..meets harbor for. vagrants or fined in this section; •;
one (1) or.more'•of the , ermminals;;.ior as to;;"3) D. Unfifforoccupancy
,'following criteria: enable persons as.'
as •determined by the
A,Is'unsecured; sort thereto for the city. manager•; •
B. Is unoccu sed; or E Non `o Kant with
C. Is in violation of the "'unlawful acts.' • - .. ng, the interna oval prop
International ,Property M. Whenever any ` e F.H'maintenance ourg, code;
Maintenance Code In-'ibumlding.:or structure F. Has housing, build-
ternational Building 'has beerCconstructed, ing,, ofire;iol health or zon-
Code, International „exists,or is maintained ing codeviolations;`
Residential Code,"'or In- in violation, of any spe- - G. Open to vagrants, '
ternational Fire ' Code 'cific requirement ' or vandals, children or the
adopted by the .City of :prohibition applicable ,Unwary; or:. •
Dubuque. to such 'building or H.•r on consuming or
1 BUILDING CODE: The ;structureprovided by using one or more utili-
International Building the buildingregale ties provided by any
Code promulgated by tions of this city; • as one or more of the pub-
the International Code 'specified in the :build he utilities.
Council, as adopted in ing code or property 1.• For purposes of this
section 14-4A-••1• of this maintenance code; or " chapter; public utilities
I title. of any law or ordinance . areadefined as water,
CITY' MANAGER; In- i. of this state' or city re- • natural gas, and elec-
1 eludes, the,,City. `Man- lating to the condition tr`i2.tT.
ager's designee. location or• structure' of 2. The minimum fee
DANGEROUS BUILD- buildings. -i:. havi•
nledg for properties
ING Any building or N Whenever, any having a water meter,
structure which' has building or.;_ structure stop ut n or,service
any or all of the condi which, whether or not line•biJt rdoes uallyus-
tions or_ defects ';here .erected in .accordance ing water does not con-
mafter •described';pro- ,'with all applicable laws •
`ti n. for „pr pooses'of
' vended, that such"condm 'and ordinances, has `In 'tion liar .purposes 'of
tions or defects exist to 99Y....:-..•,..,nonsupporting this storm
r. ,
the extent that th`e,life . partmember or poi.- 3 Storm water does
healt `�property-:� or tion less the fift • er-• not Conor pue os sbof
',safety of the public or cent (50a/o)," or in any utility apt purposes of
the • occupants 'of.'the supporting part, mem- this chapter; ;
building ' are endan bet.' or portion less than Sectita e. This Oron
is gered -• sixty six percent (66%) naneeatakes effect "
I A Whenever •• any o f -the 1) strength 2) pubhcatioh,.
door aisle passage fire: resisting'; qualities;• P•assed,• approved;
way stairway or other or. characteristics,• or'3)' dhy• fdopted bee 11th
' means of_exit is not of weather resisting qual,-,• day Roy D. &lel,r201or
•;`sufficlent�width or�size sties or characteristics` " test: K v n'S, Mayor
` or is not -so arranged as required bylaw IP'the! Attest;; 1, Cit Sr
to provide safe apd ad case Sof" a newly con Fmrnstahl City Clerk
':equate means of exit in sfruoted building ofi Published officHeraln'
case of fire or panic; like, area, " height and ` tee sTelegraph =`Herald
B Whenever,the walk occupancy, in;the'same' nawspal ., Septe "21st
' ing surface of any . ocation, 2018 of September,
aisle -passageway •0. -Whenever a build=
stairway or other .rig or structure used -• /s/Kevin S. Firnstahl,
means of exit ' is . br intended to be Used `:,,,
warped worn loose for dwelling'.purposes, : lt9/21
•torn dr'otherwmse :yn t,( because, of inadequate --
safe as to' not•provide • maintenance, 'dilapida-=
safe and• adequate ' tion, decay, ` damage;'
means of exit In caseof, faulty construction 'or
fire or panic 'arrangement, inade
C Whenever the stress quate light, air -'or sani-•
in any materials, mem tation facilities, ,or
ber or portion, thereof , otherwise ,'is;, deter-
due•to all•deed and live iplined by the health of
loads ;ms'more than one licer,'to ,be unsanitary
• and :