Multiple Housing Cooperative TransfersMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Multiple Housing Cooperative Transfers
DATE: March 26, 2010
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
ichael C. Van Milligen
Dubuque
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AlWlmetiicaCity
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2007
City Attorney Barry Lindahl recommends City Council approval of an ordinance that
requires an existing structure being transferred to a multiple housing cooperative must
meet building code requirements in effect on the date of the transfer.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
THE CITY OF
DUB 7E MEMORANDUM
Masterpiece on the, vIississippi
BARRY LIN A
CITY ATTOR E
To:
DATE:
RE:
Michael C. Van Milligen
City Manager
March 25, 2010
Multiple Housing Cooperative Transfers
In 2007, the City Council adopted an ordinance which requires that an existing structure
being converted to a horizontal property regime, i.e. a condominium, must comply with
the building code requirements in effect on the date of the conversion. The ordinance
was in response to a movement in the number of Iowa cities converting older apartment
buildings to condominiums. The advantage to the property owner is that a
condominium is taxed at residential property rates while the apartment building is taxed
at commercial property tax rates.
Recently, in other Iowa cities, older structures are being transferred to multiple housing
cooperatives which are also taxed as residential property.
Attached is a proposed ordinance which requires that an existing structure being
transferred to a multiple housing cooperative must meet building code requirements in
effect on the date of the transfer.
I recommend that the ordinance be submitted to the City Council for consideration.
BAL:tls
Attachment
cc: Rich Russell, Building Services Manager
Rick Engelken, City Assessor
F:\ USERS \tsteckle \Lindah l\ Memos\ MVM_ MultipleHousingCooperativeTransfers _032510.doc
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. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
ORDINANCE NO. 22 -10
AMENDING TITLE 14 CHAPTER 7 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
CONDOMINIUM CONVERSIONS, BY PROHIBITING TRANSFER OF AN EXISTING
STRUCTURE TO A MULTIPLE HOUSING COOPERATIVE UNLESS THE STRUCTURE
MEETS BUILDING CODE REQUIREMENTS IN EFFECT ON THE DATE OF TRANSFER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 14 Chapter 7, Sections 14-
7-1, 14 -7 -2, and 14 -7 -3 are amended to read as follows:
Chapter 7
CONDOMINIUM CONVERSIONS AND TRANSFERS TO A MULTIPLE HOUSING
COOPERATIVE
14 -7 -1: CONDOMINIUM CONVERSIONS: BUILDING CODE REQUIREMENTS:
No person shall file a declaration in the office of the county recorder to convert an existing
structure to a horizontal property regime unless a certificate of compliance has been issued by
the city manager that the converted structure meets the building code requirements of this
code in effect on the date of conversion.
14 -7 -2: CONDOMINIUM CONVERSONS: FILING DECLARATION WITH CITY CLERK:
At least sixty (60) days before being recorded in the office of the county recorder, the declarant
shall file a copy of the declaration and as built plans of the structure with the city clerk to
enable the city to establish whether or not the converted structure meets the building code
requirements. The declarant shall also at the time of filing the declaration and plans pay a
condominium conversion fee established by resolution of the city council.
14 -7 -3: CONDOMINIUM CONVERSIONS: INSPECTION; CERTIFICATE OF COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's designee shall
conduct an inspection of the structure to determine whether or not the structure meets the
building code requirements.
B. Issuance Of Certificate: If the structure meets the building code requirements, the city
manager shall issue a certificate of compliance to the declarant.
C. Notice Of Noncompliance: If the structure does not meet the building requirements, the city
manager shall notify the declarant in writing as to the building code requirements not met
by the structure.
Section 2. City of Dubuque Code of Ordinances Title 14 Chapter 7 is amended
by adopting the following new sections:
14 -7 -4: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: BUILDING CODE
REQUIREMENTS:
An existing structure shall not be transferred to a multiple housing cooperative unless the
structure meets all building code requirements in effect on the date of transfer. No person shall
file a deed in the office of the county recorder transferring an interest in real property occupied
by an existing structure to a cooperative organized under Iowa Code 499A unless a certificate
of compliance has been issued by the city manager that the structure meets the building code
requirements of this code in effect on the date of transfer.
14 -7 -5: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: FILING PLANS WITH
CITY CLERK:
At least sixty (60) days before filing the deed in the office of the county recorder, the owner
shall file as built plans of the structure to be transferred with the city clerk to enable the city to
establish whether or not the structure meets the building code requirements. The owner shall
also at the time of filing the plans pay a fee established by the city manager
14 -7 -6: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: INSPECTION;
CERTIFICATE OF COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's designee shall
conduct an inspection of the structure to determine whether or not the structure meets the
building code requirements.
B. Issuance Of Certificate: If the structure meets the building code requirements, the city
manager shall issue a certificate of compliance to the owner.
C. Notice Of Noncompliance: If the structure does not meet the building requirements, the city
manager shall notify the owner in writing as to the building code requirements not met by
the structure.
Attest:
Passed, approved and adopted this 5th day of ,, April , 2010.
anne F. Schnei•er, City Clerk
F:\ USERS \tsteckle \Lindahl\ Ordinances\ MultipleHousingCoopTransfers _032510.doc
2
Roy D. Ool, Mayor
EFFECT OF AMENDMENT
Chapter 7
CONDOMINIUM CONVERSIONS AND TRANSFERS TO A MULTIPLE HOUSING
COOPERATIVE
14 -7 -1: CONDOMINIUM CONVERSIONS: BUILDING CODE REQUIREMENTS:
No person shall file a declaration in the office of the county recorder to convert an
existing structure to a horizontal property regime unless a certificate of compliance has
been issued by the city manager that the converted structure meets the building code
requirements of this code in effect on the date of conversion.
14 -7 -2: CONDOMINIUM CONVERSONS: FILING DECLARATION WITH CITY
CLERK:
At least sixty (60) days before being recorded in the office of the county recorder, the
declarant shall file a copy of the declaration and as built plans of the structure with the
city clerk to enable the city to establish whether or not the converted structure meets the
building code requirements. The declarant shall also at the time of filing the declaration
and plans pay a condominium conversion fee established by resolution of the city
council.
14 -7 -3: CONDOMINIUM CONVERSIONS: INSPECTION; CERTIFICATE OF
COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's
designee shall conduct an inspection of the structure to determine whether or not the
structure meets the building code requirements.
B. Issuance Of Certificate: If the structure meets the building code requirements, the
city manager shall issue a certificate of compliance to the declarant.
C. Notice Of Noncompliance: If the structure does not meet the building requirements,
the city manager shall notify the declarant in writing as to the building code
requirements not met by the structure.
14 -7 -4: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: BUILDING
CODE REQUIREMENTS:
An existing structure shall not be transferred to a multiple housing cooperative unless
the structure meets all building code requirements in effect on the date of transfer. No
person shall file a deed in the office of the county recorder transferring an interest in real
property occupied by an existing structure to a cooperative organized under Iowa Code
499A unless a certificate of compliance has been issued by the city manager that the
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structure meets the building code requirements of this code in effect on the date of
transfer.
14 -7 -5: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: FILING PLANS
WITH CITY CLERK:
At least sixty (60) days before filing the deed in the office of the county recorder, the
owner shall file as built plans of the structure to be transferred with the city clerk to
enable the city to establish whether or not the structure meets the building code
requirements. The owner shall also at the time of filing the plans pay a fee established
by the city manager
14 -7 -6: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: INSPECTION;
CERTIFICATE OF COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's
designee shall conduct an inspection of the structure to determine whether or not the
structure meets the building code requirements.
B. Issuance Of Certificate: If the structure meets the building code requirements, the
city manager shall issue a certificate of compliance to the owner.
C. Notice Of Noncompliance: If the structure does not meet the building requirements,
the city manager shall notify the owner in writing as to the building code
requirements not met by the structure.
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