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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 kitil Afl4meilcacm► 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 2 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 3 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: 13 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) 19