Code of Ordinances Amendments_Demotion and Moving PermitsMasterpiece on the Mississippi
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Michael C. Van Milligen
Dubuque
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2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendments to City of Dubuque Code of Ordinances Demolition and
Moving Permits
DATE: March 8, 2010
City Attorney Barry Lindahl is recommending City Council approval of amendments to
the City of Dubuque Code of Ordinances provisions relating to demolition and moving
permits. The amendments are primarily intended to clarify the insurance requirements
for demolition and moving permits. The definition also excludes structures of 200
square feet or less. Demolition of such structures, such as small garages or sheds, did
not seem to warrant regulation under the ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORN nY
To:
DATE:
RE:
chael C. Van Milligen
City Manager
February 26, 2010
Amendments to City of Dubuque Code of Ordinances Demolition
and Moving Permits
Attached is an amendment to the City of Dubuque Code of Ordinances provisions
relating to demolition and moving permits. The amendments are primarily intended to
clarify the insurance requirements for demolition and moving permits. Consistent with
changes to the City of Dubuque Code of Ordinances Revision Project, we have also
substituted the "city manager" references for the "building official" references. The city
manager in turn delegates responsibilities for demolition and moving permits to the
building official.
We have also amended the definition of "building" to exclude structures of 200 square
feet or less from the requirement of a permit. Demolition of such structures such as
small garages or sheds did not seem to warrant regulation under the ordinance.
I would recommend that the ordinance be submitted to the City Council for
consideration and adoption.
BAL:tls
Attachment
cc: Rich Russell, Building Safety Manager
Ken TeKippe, Finance Director
F:\ USERS \tsteckle \Lindah l\Memos\MVM_ Demolition &MovingPermits_022610.doc
MEMORANDUM
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001
Telephone: (563) 583 -4113
14 -2 -1: PERMIT REQUIRED:
ORDINANCE NO. 21 -10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14 -2 -1: PERMIT REQUIRED; SECTION 14 -2 -2: APPLICATION
FOR PERMIT; SECTION 14 -2 -3: PERMIT ISSUANCE; GENERALLY; SECTION 14 -2-
4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN
STREETS, AREAS OR FACILITIES; SECTION 14 -2 -5: FEES; SECTION 14 -2 -6:
SPECIAL PROVISIONS; SECTION 14 -2 -7: INSURANCE REQUIREMENTS;
SECTION 14 -2 -8: SPECIAL REQUIREMENTS; AND DELETING SECTION 14 -2 -9:
ENFORCEMENT
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -2 -1 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
A. Permit Required: It shall be unlawful for any person, firm or corporation to: 1)
demolish a building or portion thereof; or 2) move a building from one location to
another across private or public property; or 3) use or occupy the streets or public
property for the purpose of erecting, constructing, enlarging, altering, repairing or
remodeling a building or structure; or 4) for storing or using materials, machinery or
equipment in relation thereto; or for engaging in building construction, demolition or
related operations on adjacent streets or public property, within the city, unless such
person shall have obtained a permit therefor from the city manager in compliance
with the provisions of this chapter and of the building code.
B. Definitions: For the purpose of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given hereto:
BUILDING: Any structure of more than 200 square feet used or intended for
supporting or sheltering any use or occupancy including all public or private garages,
barns, sheds, residential, commercial, educational, institutional or industrial uses
and any accessories thereto. (2007 Code § 11 -56)
Section 2. Section 14 -2 -2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2 -2: APPLICATION FOR PERMIT:
A. Application: To obtain a permit, the applicant shall first file an application therefor in
writing on a form furnished by the building services division. Every such application
shall:
1. Identify and describe the work to be covered by the permit for which application
is made.
2. Describe the land on which the proposed work is to be done, by legal description,
street address or similar description that will readily identify and definitely locate
the proposed work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and other
data as required in subsection B of this section.
5. Be signed by permittee, or the permittee's authorized agent who may be required
to submit evidence to indicate such authority.
6. Be accompanied by proof of insurance as required by this chapter for the type of
permit desired.
7. Give such other data and information as may be required by the city manager.
B. Plans And Specifications: Plans, engineering calculations, diagrams and other data
shall be submitted in one or more sets with each application for a permit. The city
manager may require plans, computations, diagrams and specifications to be
prepared and designed by an architect or engineer licensed by the state to practice
as such. Exception: The city manager may waive the submission of plans,
calculations, etc., if the city manager finds that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with this chapter.
C. Information On Plans And Specifications: Plans, specifications and diagrams shall
be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature and extent of the work proposed and show in detail that
it will conform to the provisions of this chapter and all relevant laws, ordinances,
rules and regulations. (2007 Code § 11 -57)
D. Construction On Bluff Land Or Land Adjacent To Bluffs: The application shall
indicate whether the construction is on bluff land or land adjacent to a bluff. If the
construction is on bluff land or land adjacent to a bluff, prior to the issuance of a
permit, the city manager may require the developer to fund an engineering study or
studies, to determine whether the bluff land, land adjacent to a bluff, or adjacent bluff
is sufficiently stable to allow for the construction or use. If the city manager
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determines, based upon the engineering study or studies, that the bluff land, land
adjacent to a bluff, or adjacent bluff is not sufficiently stable to allow for the
construction or use, the city manager may require as a condition of the issuance of
the permit such stabilization or other measures as the engineering study or studies
recommend to make the bluff land, land adjacent to a bluff, or adjacent bluff
sufficiently stable to allow for the construction or use. (Ord. 21 -07, 4 -16 -2007)
E. Notice To Adjacent Property Owners: The city manager shall direct that the applicant
send, not Tess than ten (10) days after the filing of the application, a notice of the
filing of the application by first class mail to all owners of property adjacent to the
property for which the permit is issued, describing the demolition and the date when
demolition will commence. Prior to the issuance of the permit, the city manager shall
verify with the applicant that the required notice was sent. (Ord. 62 -08, 10 -6 -2008)
Section 3. Section 14 -2 -3 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2 -3: PERMIT ISSUANCE; GENERALLY:
A. Issuance:
1. The application, proof of insurance, plans, specifications, diagrams and other
data filed by an applicant for a permit shall be reviewed by the city manager.
Such plans shall also be reviewed by other departments and divisions of the city
to verify compliance with any applicable laws or requirements under their
jurisdiction. If the city manager finds that the work described in an application for
a permit and the plans, specifications, diagrams and other data filed therewith
conform to the requirements of this chapter and other pertinent laws and
ordinances, and that the fees as established by the city manager have been paid,
the city manager shall issue the permit together with any special conditions which
may be attached to and made a part of the permit.
2. Approved plans, specifications and diagrams shall not be changed, modified or
altered without authorization from the city manager, and all work shall be done in
accordance with the approved plans, specifications and diagrams.
B. Validity: The issuance or granting of a permit shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of this chapter or of the
Dubuque building code. No permit presuming to give authority to violate or cancel
the provisions of this chapter or code shall be valid, except insofar as the work or
use which it authorized is lawful.
C. Expiration:
1. Every permit issued by the city manager under the provisions of this chapter shall
expire by limitation and become null and void if the moving or demolition of the
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building or structure, or the use of the public property, is not accomplished during
the period of time which is stated on the permit. Such work or use of public
property shall cease upon expiration of the permit and shall not be recommenced
until a new permit has been obtained by revising or renewing the original
application and by payment of a new fee.
2. Every moving permit shall be valid only on the moving date or dates written on
the permit. In those instances wherein the moving permittee was unable to move
the building on the specified moving date, the city manager is authorized to
change said moving date; provided, that the moving permittee shall obtain the
approval of other city officials in the same manner as required for the original
moving permit; and further provided, that a fee as established by the city
manager for changing the moving date has been paid to the building department.
3. Every demolition permit shall expire thirty (30) days from the date of issue,
unless the building is part of a demolition project which, because of its
complexity or proportions, will require more time, in which instance the original
permit may be issued for the approved term of the demolition schedule. Each
demolition permit may be renewed for successive additional periods of thirty (30)
days; provided, that a fee is paid for each renewal in the same amount as the
original demolition permit fee.
4. Every permit for the use of streets or public property shall expire on the last day
for which the permit was issued, as described on said permit, and shall be
renewed upon the payment of an additional fee to the building department, as
established by the city manager. Failure to renew the permit for the use of streets
or public property shall be considered as due cause for the city manager to order
all barricades or fences removed and the public property returned to public
availability and use.
D. Suspension Or Revocation: The city manager may, in writing, suspend or revoke a
permit issued under the provisions of this chapter whenever the permit is issued in
error, on the basis of incorrect information supplied, failure to comply with permit
conditions, or in violation of any ordinance. (2007 Code § 11 -58)
Section 4. Section 14 -2 -4 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN
STREETS, AREAS OR FACILITIES:
A. Iowa 32 (Southwest Arterial) Corridor: The city manager shall not issue any permit
for any new construction or substantial enlargement, alteration, repair or remodeling
of any structure, building, or sign in the Iowa 32 (southwest arterial) corridor but not
to include demolition, as delineated on drawings on file in the city clerk's office, from
4
the effective date hereof to July 1, 2010, except where a vested right to the issuance
of such permit accrued prior to the effective date hereof. (Ord. 41 -08, 6 -16 -2008)
B. Bee Branch Creek Restoration Alignment Study Area: The city manager shall not
issue any permit for any commercial construction or for any new residential
construction, including a new house or new garage, but not including demolition and
emergency repairs, without the approval of the city council in the Bee Branch Creek
restoration alignment area as shown on the map on file in the office of the city clerk,
50 W. 13th Street, Dubuque, Iowa, during the period from the effective date of
ordinance 85 -04 through July 1, 2010, except where a vested right to the issuance of
such permit accrued prior to December 19, 2003. (2007 Code § 11 -58.5)
C. Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants And Biodiesel
Processing Facilities:
1. The city manager shall not issue a permit for any new construction or substantial
enlargement, alteration, repair or remodeling of any structure or building for the
production of ethanol or biodiesel fuel or for the processing of ethanol or
biodiesel fuel within the city from the effective date hereof to May 1, 2007, except
where a vested right to the issuance of such permit accrued prior to the effective
date hereof.
2. Any person, firm or corporation aggrieved or adversely affected by the city
manager's refusal to issue a permit pursuant to this moratorium shall appeal
therefrom to the city council. The city council may direct the city manager to issue
a permit where the city council finds that the refusal to issue a permit would
deprive the owner of the property of a vested right. (Ord. 69 -06, 11 -6 -2006)
Section 5. Section 14 -2 -5 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2 -5: FEES:
A. Generally: A fee for each moving permit, demolition permit, or permit for the use of
streets or public property shall be paid to the city manager, as established by the city
manager.
1
1
B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the
demolition of a building or the use of public property for which a permit is required by
this chapter is started prior to obtaining said permit, the fees above specified shall be
doubled, but the payment of such double fee shall not relieve any person from fully
complying with the requirements of this chapter and the building code in the
execution of the work nor from other fees or penalties. (2007 Code § 11 -59)
Section 6. Section 14 -2 -6 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2 -6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for
use of public property shall not be transferable from one building or building site to
another building or building site nor from one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by the city
manager. The mover shall coordinate the route with the utility companies.
2. A police escort shall be required for all buildings moved from one location to
another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and
vehicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of a
permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and replacement
of natural obstructions or official signs and signals or other public or private
property required to be removed during the movement of a vehicle and load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or structure is
so constructed or in such condition as to be dangerous or unsafe or if it is
infested with pests, is unfit for human habitation or if it is so deteriorated,
dilapidated or defective that relocation would or could create a safety or health
hazard, or cause a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the city
shall comply with all ordinances and regulations applicable to new buildings or
structures, including, but not limited to, building, electrical, mechanical, plumbing,
fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply with
the uniform code for building conservation and title 6, chapter 6 of this code.
4. All nonresidential buildings or structures relocated within the city shall comply
with all ordinances and regulations applicable to new buildings or structures,
6
including, but not limited to, building, electrical, mechanical, plumbing, fire, health
and zoning regulations.
5. All moved buildings or structures shall be completely enclosed within thirty (30)
days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the building or
structure made ready for occupancy or use within one hundred twenty (120) days
from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a building,
structure, or portion of a building in the process of being demolished shall be
cleaned up and removed from the premises at least once weekly except for
streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demolished
shall include the thorough removal of all wood, debris and organic materials,
filling of excavations, cisterns and other depressions with acceptable rubble or
earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform
natural grade consistent with the established adjacent grades.
2. When directed by the city manager, water shall be used to minimize dust when
demolishing structures or under any dust producing conditions. As ordered by the
city manager, buildings shall be washed down frequently to keep dust at a
minimum.
3. When an interior wall is exposed because of demolition of an adjoining structure,
said wall shall be provided with a weather resistive barrier as required in the
Dubuque building code. No such wall shall be exposed to the weather without the
written approval of the city manager.
4. When a demolition project has been abandoned or is found to be unsafe, the city
manager may order the unsafe conditions corrected, the building boarded up and
the premises barricaded. Upon failure of the owner or the owner's agent to
comply with the order of the city manager within seven (7) days, the city
manager, after notice and opportunity for hearing, may cause said building or
structure to be demolished, the premises cleaned and suitable drainage grades
established. The cost of such demolition, cleaning and grading shall be assessed
to the property as provided by law. This section shall also apply to any site from
which a building or structure has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be shut off
and all such lines cut or disconnected at or outside the moving or demolition area
before work is started on the site. Prior to the disconnection of such lines, the
permittee or property owner shall notify the utility company and the city manager and
shall obtain their approval in compliance with applicable codes and requirements.
7
Exception: If it is necessary to maintain electrical service during the process of
moving or demolition, such service shall be temporarily relocated or protected with
substantial covering to the satisfaction of the electric service company and the city
manager, and said relocation shall be in conformance with applicable codes and
requirements. All gas, water, sewer and other service lines shall be shut off and
capped or otherwise controlled at or outside of the moving or demolition area or curb
line before moving or demolition work is commenced. In each case, the service
company and the city manager shall be notified in advance and their approval
obtained by the permittee or property owner in compliance with applicable codes
and requirements. Exception: If it is necessary to maintain any water or other lines
during the moving or demolition process, such lines shall be temporarily relocated or
protected with substantial covering to the satisfaction of the utility companies' city
manager and in conformance with applicable codes and requirements. (2007 Code
§ 11 -60)
Section 7. Section 14 -2 -7 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14 -2 -7: INSURANCE REQUIREMENTS:
A. Insurance Required:
1. Before a permit may be issued for the moving of a building, the applicant therefor
shall have filed a certificate of comprehensive public liability insurance with
coverage limits of not less than $1,000,000 per occurrence and $2,000,000
general aggregate.
2. In all other cases where a permit is required by this chapter, a certificate of
comprehensive public liability insurance shall be provided with coverage limits of
not less than $1,000,000.
3. Permittee's Insurance: The permittee shall not commence work under this
chapter until the permittee has obtained all insurance required under this
subsection. Certificates of insurance shall be filed with the city manager for
approval.
4. The permittee shall require subpermittees, if any, not protected under the
permittee's insurance policies to take out and maintain insurance of the same
nature and in the same amounts as required of the permittee for comprehensive
liability insurance. The permittee shall not allow any subpermittee to commence
work until all similar insurance required for the subpermittee has been so
obtained and approved.
Section 8. Section 14 -2 -8 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8
14 -2 -8: SPECIAL REQUIREMENTS:
A. Compliance With Regulations Applicable To Moving Buildings: Every person, firm or
corporation obtaining a moving or demolition permit or a permit for the use of streets
or public property shall comply with and faithfully observe and obey all applicable
regulations and ordinances of the city, now existing or hereafter enacted and all
other applicable laws now existing or hereafter enacted affecting or relating to the
moving of houses, buildings, or other structures upon or across public property.
B. Payment Of Damages Or Loss To City: Every person, firm or corporation obtaining a
moving or demolition permit or a permit for the use of streets or public property shall
pay all damages or loss to the city, that may occur from any act or negligence of said
person, firm or corporation, such person's, firm's or corporation's agents or
employees, anyone under such person's, firm's or corporation's moving of houses,
buildings or other structures upon or across property.
C. Protection Of Work, Space, Materials Or Equipment: Every person, firm or
corporation obtaining a moving or demolition permit or a permit for the use of streets
or public property shall fully protect any and all work, space, materials or equipment
relating to the moving of buildings or structures upon or across public property
undertaken by principal or under such person's, firm's or corporation's direction or
supervision, or any subpermittee, as a result of such person's, firm's or corporation's
direction or supervision or by any agent or employee, or by any subpermittee and
shall pay any penalties that may be imposed during the period of any permit now
issued or to be issued during the period of said bond. The certificate of insurance for
moving buildings shall be for a term of one year. (2007 Code § 11 -62)
Passed, approved and adopted this 15 day of March, 201
Attest:
Section 9. This Ordinance shall take effect upon publication.
iii
eanne F. Schneider, CMC
City Clerk
9
tOL/
Roy D/= uol, Mayor
14 -2 -1: PERMIT REQUIRED:
14 -2 -2: APPLICATION FOR PERMIT:
EFFECT OF AMENDMENT
A. Permit Required: It shall be unlawful for any person, firm or corporation to: 1)
demolish a building or portion thereof; or 2) move a building from one location to
another across private or public property; or 3) use or occupy the streets or public
property for the purpose of erecting, constructing, enlarging, altering, repairing or
remodeling a building or structure; or 4) for storing or using materials, machinery or
equipment in relation thereto; or for engaging in building construction, demolition or
related operations on adjacent streets or public property, within the city, unless such
person shall have obtained a permit therefor from the city manager wilding scrviccc
division in compliance with the provisions of this chapter and of the building code.
B. Definitions: For the purpose of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given hereto:
BUILDING: Any structure of more than 200 square feet used or intended for
supporting or sheltering any use or occupancy including all public or private garages,
barns, sheds, residential, commercial, educational, institutional or industrial uses
and any accessories thereto. (2007 Code § 11 -56)
A. Application: To obtain a permit, the applicant shall first file an application therefor in
writing on a form furnished by the building services division. Every such application
shall:
1. Identify and describe the work to be covered by the permit for which application
is made.
2. Describe the land on which the proposed work is to be done, by legal description,
street address or similar description that will readily identify and definitely locate
the proposed work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and other
data as required in subsection B of this section.
5. Be signed by permittee, or the permittee's authorized agent who may be required
to submit evidence to indicate such authority.
6. Be accompanied by proof of insurance as required by this chapter for the type of
permit desired.
10
7. Give such other data and information as may be required by the city
managerbuilding official.
B. Plans And Specifications: Plans, engineering calculations, diagrams and other data
shall be submitted in one or more sets with each application for a permit. The city
manager building official may require plans, computations, diagrams and
specifications to be prepared and designed by an architect or engineer licensed by
the state to practice as such. Exception: The city manager may waive
the submission of plans, calculations, etc., if the city manager finds
that the nature of the work applied for is such that reviewing of plans is not
necessary to obtain compliance with this chapter.
C. Information On Plans And Specifications: Plans, specifications and diagrams shall
be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature and extent of the work proposed and show in detail that
it will conform to the provisions of this chapter and all relevant laws, ordinances,
rules and regulations. (2007 Code § 11 -57)
D. Construction On Bluff Land Or Land Adjacent To Bluffs: The application shall
indicate whether the construction is on bluff land or land adjacent to a bluff. If the
construction is on bluff land or land adjacent to a bluff, prior to the issuance of a
permit, the building officialcity manager may require the developer to fund an
engineering study or studies, to determine whether the bluff land, land adjacent to a
bluff, or adjacent bluff is sufficiently stable to allow for the construction or use. If the
building officialcity manager determines, based upon the engineering study or
studies, that the bluff land, land adjacent to a bluff, or adjacent bluff is not sufficiently
stable to allow for the construction or use, the building officialcity manager may
require as a condition of the issuance of the permit such stabilization or other
measures as the engineering study or studies recommend to make the bluff land,
land adjacent to a bluff, or adjacent bluff sufficiently stable to allow for the
construction or use. (Ord. 21 -07, 4 -16 -2007)
E. Notice To Adjacent Property Owners: The building officialcity manager shall direct
that the applicant send, not Tess than ten (10) days after the filing of the application,
a notice of the filing of the application by first class mail to all owners of property
adjacent to the property for which the permit is issued, describing the demolition and
the date when demolition will commence. Prior to the issuance of the permit, the
city manager shall verify with the applicant that the required notice
was sent. (Ord. 62 -08, 10 -6 -2008)
14 -2 -3: PERMIT ISSUANCE; GENERALLY:
A. Issuance:
1. The application, proof of insurance, plans, specifications, diagrams and other
data filed by an applicant for a permit shall be reviewed by the city
11
manager. Such plans shall also be reviewed by other departments and divisions
of the city to verify compliance with any applicable laws or requirements under
their jurisdiction. If the building officialcity manager finds that the work described
in an application for a permit and the plans, specifications, diagrams and other
data filed therewith conform to the requirements of this chapter and other
pertinent laws and ordinances, and that the fees as established by the city
manager have been paid, the city manager shall issue the permit
together with any special conditions which may be attached to and made a part
of the permit.
2. Approved plans, specifications and diagrams shall not be changed, modified or
altered without authorization from the ia-Icity manager, and all work
shall be done in accordance with the approved plans, specifications and
diagrams.
B. Validity: The issuance or granting of a permit shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of this chapter or of the
Dubuque building code. No permit presuming to give authority to violate or cancel
the provisions of this chapter or code shall be valid, except insofar as the work or
use which it authorized is lawful.
C. Expiration:
1. Every permit issued by the building officialcity manager under the provisions of
this chapter shall expire by limitation and become null and void if the moving or
demolition of the building or structure, or the use of the public property, is not
accomplished during the period of time which is stated on the permit. Such work
or use of public property shall cease upon expiration of the permit and shall not
be recommenced until a new permit has been obtained by revising or renewing
the original application and by payment of a new fee.
2. Every moving permit shall be valid only on the moving date or dates written on
the permit. In those instances wherein the moving contractorpermittee was
unable to move the building on the specified moving date, the city
manager is authorized to change said moving date; provided, that the moving
contractorpermittee shall obtain the approval of other city officials in the same
manner as required for the original moving permit; and further provided, that a
fee as established by the city manager for changing the moving date has been
paid to the building department.
3. Every demolition permit shall expire thirty (30) days from the date of issue,
unless the building is part of a demolition project which, because of its
complexity or proportions, will require more time, in which instance the original
permit may be issued for the approved term of the demolition schedule. Each
demolition permit may be renewed for successive additional periods of thirty (30)
12
days; provided, that a fee is paid for each renewal in the same amount as the
original demolition permit fee.
4. Every permit for the use of streets or public property shall expire on the last day
for which the permit was issued, as described on said permit, and shall be
renewed upon the payment of an additional fee to the building department, as
established by the city manager. Failure to renew the permit for the use of streets
or public property shall be considered as due cause for the city
manager to order all barricades or fences removed and the public property
returned to public availability and use.
D. Suspension Or Revocation: The building officialcity manager may, in writing,
suspend or revoke a permit issued under the provisions of this chapter whenever the
permit is issued in error, on the basis of incorrect information supplied, failure to
comply with permit conditions, or in violation of any ordinance. (2007 Code § 11 -58)
14 -2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN
STREETS, AREAS OR FACILITIES:
A. Iowa 32 (Southwest Arterial) Corridor: The building officialcity manager shall not
issue any permit for any new construction or substantial enlargement, alteration,
repair or remodeling of any structure, building, or sign in the Iowa 32 (southwest
arterial) corridor but not to include demolition, as delineated on drawings on file in
the city clerk's office, from the effective date hereof to July 1, 2010, except where a
vested right to the issuance of such permit accrued prior to the effective date hereof.
(Ord. 41 -08, 6 -16 -2008)
B. West 32nd Strcet Detention B .in Area: The building official shah — Nei -i ue any
remodeling, but not including demolition, of any structurc, building, or sign in the
the city clerk, 50 West 13th Strcet, Dubuque, Iowa, during the period from the date
the issuance of such permit accrued prior to February 16, 2004. (2007 Code § 11
58.4)
BC. Bee Branch Creek Restoration Alignment Study Area: The building officialcity
manager shall not issue any permit for any commercial construction or for any new
residential construction, including a new house or new garage, but not including
demolition and emergency repairs, without the approval of the city council in the Bee
Branch Creek restoration alignment area as shown on the map on file in the office of
the city clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from the effective
date of ordinance 85 -04 through July 1, 2010, except where a vested right to the
issuance of such permit accrued prior to December 19, 2003. (2007 Code § 11 -58.5)
CD. Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants And Biodiesel
Processing Facilities:
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1. The city manager shall not issue a permit for any new construction
or substantial enlargement, alteration, repair or remodeling of any structure or
building for the production of ethanol or biodiesel fuel or for the processing of
ethanol or biodiesel fuel within the city from the effective date hereof to May 1,
2007, except where a vested right to the issuance of such permit accrued prior to
the effective date hereof.
2. Any person, firm or corporation aggrieved or adversely affected by the building
officialcity manager's refusal to issue a permit pursuant to this moratorium shall
appeal therefrom to the city council. The city council may direct the g
officialcity manager to issue a permit where the city council finds that the refusal
to issue a permit would deprive the owner of the property of a vested right. (Ord.
69 -06, 11 -6 -2006)
E. Bluff Overlay District:
ctructurec in the Bluff overlay district identified on exhibit A attached to ordinance 42 08
from the effective date hereof to August 1, 2008, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof. (Ord. 37 08, 6 2
2. Any person, firm or corporation aggrieved or adversely affected by the building official's
refusal to is ,,ue a permit pursuant to this moratorium shall appeal therefrom to the city
council within thirty (30) days after the building official's refusal to issue. The city council
refusal to issue a permit would deprive the owner of the property of a vested right. (Ord.
37 08, 6 2 2008)
14 -2 -5: FEES:
A. Generally: A fee for each moving permit, demolition permit, or permit for the use of
streets or public property shall be paid to the building officialcity manager, as
established by the city manager.
B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the
demolition of a building or the use of public property for which a permit is required by
this chapter is started prior to obtaining said permit, the fees above specified shall be
doubled, but the payment of such double fee shall not relieve any person from fully
complying with the requirements of this chapter and the fie- building code in
the execution of the work nor from other fees or penalties. (2007 Code § 11 -59)
14 -2 -6: SPECIAL PROVISIONS:
14
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for
use of public property shall not be transferable from one building or building site to
another building or building site nor from one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by the city
managerengineer. The mover shall coordinate the route with the utility
companies.
2. A police escort shall be required for all buildings moved from one location to
another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and
vehicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of a
permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and replacement
of natural obstructions or official signs and signals or other public or private
property required to be removed during the movement of a vehicle and Toad.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or structure is
so constructed or in such condition as to be dangerous or unsafe or if it is
infested with pests, is unfit for human habitation or if it is so deteriorated,
dilapidated or defective that relocation would or could create a safety or health
hazard, or cause a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the city
shall comply with all ordinances and regulations applicable to new buildings or
structures, including, but not limited to, building, electrical, mechanical, plumbing,
fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply with
the uniform code for building conservation and title 6, chapter 6 of this code.
4. All nonresidential buildings or structures relocated within the city shall comply
with all ordinances and regulations applicable to new buildings or structures,
including, but not limited to, building, electrical, mechanical, plumbing, fire, health
and zoning regulations.
15
5. All moved buildings or structures shall be completely enclosed within thirty (30)
days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the building or
structure made ready for occupancy or use within one hundred twenty (120) days
from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a building,
structure, or portion of a building in the process of being demolished shall be
cleaned up and removed from the premises at least once weekly except for
streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demolished
shall include the thorough removal of all wood, debris and organic materials,
filling of excavations, cisterns and other depressions with acceptable rubble or
earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform
natural grade consistent with the established adjacent grades.
2. When directed by the building officialcity manager, water shall be used to
minimize dust when demolishing structures or under any dust producing
conditions. As ordered by the city manager, buildings shall be
washed down frequently to keep dust at a minimum.
3. When an interior wall is exposed because of demolition of an adjoining structure,
said wall shall be provided with a weather resistive barrier as required in the
Dubuque building code. No such wall shall be exposed to the weather without the
written approval of the building officialcity manager.
4. When a demolition project has been abandoned or is found to be unsafe, the
building officialcity manager may order the unsafe conditions corrected, the
building boarded up and the premises barricaded. Upon failure of the owner or
the owner's agent to comply with the order of the building—officialcity manager
within seven (7) days, the building officialcity manager, after notice and
opportunity for hearing, may cause said building or structure to be demolished,
the premises cleaned and suitable drainage grades established. The cost of such
demolition, cleaning and grading shall be assessed to the property as provided
by law. This section shall also apply to any site from which a building or structure
has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be shut off
and all such lines cut or disconnected at or outside the moving or demolition area
before work is started on the site. Prior to the disconnection of such lines, the
contractorpermittee or property owner shall notify the utility company and the
building officialcity manager and shall obtain their approval in compliance with
applicable codes and requirements. Exception: If it is necessary to maintain
16
electrical service during the process of moving or demolition, such service shall be
temporarily relocated or protected with substantial covering to the satisfaction of the
electric service company and the city manager, and said relocation
shall be in conformance with applicable codes and requirements. All gas, water,
sewer and other service lines shall be shut off and capped or otherwise controlled at
or outside of the moving or demolition area or curb line before moving or demolition
work is commenced. In each case, the service company and the building officialcity
manager shall be notified in advance and their approval obtained by the
contractorpermittee or property owner in compliance with applicable codes and
requirements. Exception: If it is necessary to maintain any water or other lines during
the moving or demolition process, such lines shall be temporarily relocated or
protected with substantial covering to the satisfaction of the utility companies'
building officialcity manager and in conformance with applicable codes and
requirements. (2007 Code § 11 -60)
14 -2 -7: INSURANCE REQUIREMENTS:
A. Insurance Required:
1. Before a permit may be issued for the moving of a building, the applicant therefor
shall have filed a certificate of comprehensive public liability insurance with
coverage limits of not less than $1,000,000 per occurrence and $2,000,000
general aggregatewhich shall be provided in such form and with such surcty as is
acceptable to the building official.
2. In all other cases where a permit is required by this chapter, Where streets or
operations of demolishing a building or structure, a certificate of comprehensive
public liability insurance shall be provided with coverage limits of not less than
$1,000,000'• -- - -- - - - - - --- -- ' - •- - - -
o# cial.
provided in such form and with such surety as is acceptable to the building
official.
B. Coverage: Requirements shall be as follows:
1. Indcmnification: The contractor will indcmnify and hold harmIccc the city, a
including their employccs, rcprescntative agents and cubconsultantc from any
or indirectly from the action or work of a contractor hereunder.
17
2. Certificate Of Insurance: The contractor shall provide the city with certificates of
adequate insurance, with copies of policies attached, in companies, amounts and
form of policy satisfactory to the city, insuring contractor's obligation--under-t#i.c
indemnity and hold harmless agreement.
3. Permittee's Contractor's Insurance: The permittee contractor shall not commence
work under this chapter until the permitteecontractor has obtained all insurance
required under this subsection. Certificates of insurance, together with duplicates
iec, fully executed by officers of the insurance company written or
shall be filed with the building
e#ficialcity manager for approval.
required for the subcontractor has bcen so obtaincd and approved. The
contractor shall ak o submit the original insurance policies for inspection and
approval of the city before work is commenced. Said policies shall not thereafter
be canceled, permittcd to expire, or materially changed without tcn (10) days'
shall so provide.
C. Public Liability And Property Damagc Insurance: The contractor shall take out
shall require.
D. Subcontractor's Insurance:
4--4. The permitteecontractor shall require subcontractorpermittees, if any, not
protected under the permittee'cs ontractor's insurance policies to take out and
maintain insurance of the same nature and in the same amounts as required of
the permitteecontractor for comprehensive liability and property damagc
insurance. The permittee shall not allow any subpermittee to commence work
until all similar insurance required for the subpermittee has been so obtained and
approved.
2. Subcontractors shall also be rcquircd to take out and maintain automobile insurance in
like amounts to that required of the contractor on all automobiles operated by each
subcontractor on the site of the work. (2007 Codc § 11 61)
14 -2 -8: SPECIAL REQUIREMENTS:
A. Compliance With Requirements In Certificate Of Insurance: Every person, firm or
18
building codc of the city, and by ordinances and regulations now existing or
her ftcr enacted by the city, and othcr laws, the same as though such
•
such rcquirements and provisions are made a part of said certificate.
AB. Compliance With Regulations Applicable To Moving Buildings: Every person, firm
or corporation obtaining a moving or demolition permit or a permit for the use of
streets or public property shall comply with and faithfully observe and obey all
applicable regulations and ordinances of the city, now existing or hereafter enacted
and all other applicable laws now existing or hereafter enacted affecting or relating
to the moving of houses, buildings, or other structures upon or across public
property.
BG. Payment Of Damages Or Loss To City: Every person, firm or corporation
obtaining a moving or demolition permit or a permit for the use of streets or public
property shall pay all damages or loss to the city, that may occur from any act or
negligence of said person, firm or corporation, such person's, firm's or corporation's
agents or employees, anyone under such person's, firm's or corporation's moving of
houses, buildings or other structures upon or across property.
CD. Protection Of Work, Space, Materials Or Equipment: Every person, firm or
corporation obtaining a moving or demolition permit or a permit for the use of streets
or public property shall fully protect any and all work, space, materials or equipment
relating to the moving of buildings or structures upon or across public property
undertaken by principal or under such person's, firm's or corporation's direction or
supervision, or any subeantraGterpermittee, as a result of such person's, firm's or
corporation's direction or supervision or by any agent or employee, or by any
subcontractorpermittee and shall pay any penalties that may be imposed during the
period of any permit now issued or to be issued during the period of said bond. The
certificate of insurance for moving buildings shall be for a term of one year. (2007
Code § 11 -62)
44-2_9. ERCEMENT:
—D . NFO
VTfCVCf'�iCrTr
The building official is hereby authorized and directed to enforce all of the provisions of
this chapter. (2007 Code § 11 63)
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