Problem Property Maintence Task Force_Code AmendmentsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Problem Property Maintenance Task Force
DATE: April 14, 2010
Dubuque
kittel
Al AmerlaCity
1
2007
In response to the City Council's FY 2009 -2010 Policy Agenda, a task force was
convened by the Housing Department to develop ideas for better response to chronic
problem properties. In particular, the goal was to research and recommend policies and
actions responding to the following: Rental Licensing /Irresponsible Landlords; and
Neighborhood Investment/Code Enforcement, as listed in the Policy Agenda. The task
force included representatives from the Housing, Health, Building, Legal, Police, Public
Works and Planning Departments; and the Fire Marshal's Office.
Task force recommendations
1. Chapter 6 Solid Waste ordinance to be amended to include adding charges to
the owner's utility bill for unscheduled pick -ups.
2. Public Works to adopt 72 -hour notice policy.
3. This policy to include issuance of once per -year, per- address notice of violation;
subsequent violations to result in Public Works pick -up and charges.
4. For owners of larger (7+ unit) apartment complexes, City pick -up service is not
required to be provided. These owners to be allowed to contract with City, on a
case -by -case basis, as determined by City staff.
5. For owners of smaller (3 -6 unit) complexes, larger tipper cart containers to be
required, if it is determined that garbage containers in use are inadequate.
Building Permits
1. For renewal permits, a schedule of escalating fees to be adopted. The first six -
month extension remains the same; each subsequent extension doubles in cost.
2. Jobs not completed in the first year to be required to submit monthly progress
reports to Building Department. `Mentoring services' will be provided to owners
not able to comply with their completion schedules.
Housing Code Enforcement
1. Inspector to allow only up to 180 days to complete required repairs, instead of
the current one year; issued in 30 -day increments. Reports to be made to Code
Appeals Board on progress.
2. Housing Code Appeals Board to allow only up to 90 days, to complete ordered
repairs, instead of the current one year, to review progress at Board meetings.
Exemptions for seasonal weather - related conditions to remain as current, i.e., a
November -May `moratorium' on outside painting and other qualifying exterior
work.
3. Review and re- evaluate effectiveness of historic district rehab -loan programs
currently offered by Premier Bank and Dubuque Bank and Trust. These have not
been well used, yet offer subsidized financing to owners of historic properties.
4. Place additional trash receptacles throughout the downtown commercial blocks,
to combat littering.
5. Raise the annual licensing fee on vacant properties, from $200 to $300.
6. Encourage the Dubuque Landlords Association to appoint members to attend
meetings of neighborhood associations, to promote dialogue and mutual problem
solving.
Housing and Community Development Department Director David Harris recommends
City Council approval of the attached Ordinances, amending Title 13, Chapter 6 Solid
Waste; and Title 6, Chapter 6 Housing Regulations, of the Code of Ordinances. It is
further recommended that the City Council adopt the attached fee schedule, increasing
the annual licensing fee for vacant properties from $200 to $300.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van MillIiden
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and community Development Department Director
Masterpiece on the Mississippi
TO: Micha Ivan Milligen, City Manager
FROM: David Wris, Housing and Community Development Department
SUBJECT: Problem Property Maintenance Task Force
DATE: 14 April 2010
Dubuque
klikd
All4medcacky
1
2007
Introduction
The purpose of this memorandum is to convey recommendations for increased
efficiency and effectiveness in response to problem property enforcement; to request
the City Council to approve the attached Ordinance amendments to Title 6, Chapter 6
Housing Regulations; and Title 13, Chapter 6 Solid Waste; and to approve the attached
resolution, changing the annual license fee for vacant and abandoned buildings.
Background
In response to the Council's FY 2009 -2010 Policy Agenda, a task force was convened
by the Housing Department to develop ideas for better response to chronic problem
properties. In particular, our goal was to research and recommend policies and actions
responding to the following: Rental Licensing /Irresponsible Landlords; and
Neighborhood Investment/Code Enforcement, as listed in the Policy Agenda. The task
force included representatives from the Housing, Health, Building, Legal, Police, Public
Works and Planning Departments; and the Fire Marshal's Office.
Discussion
The primary focus of the discussions was chronic garbage issues. The first thing we
agreed on was that Housing, Health and Public Works address this issue in different
ways. Housing sends a 72 -hour notice for compliance. Health's notice was for 10 days.
Public Works uses a `tag' system that allows for one to three weeks, depending on the
number of previous complaints.
If the garbage problem is at a rental property, it is Housing's jurisdiction. If at a
homeowner or commercial property, it's the Health Department's. The exception:
Housing takes care of all garbage complaints in the Washington Neighborhood.
The policy both Housing and Health use is to issue one notice per -year, per- address,
giving the owner orders to pick up the garbage. For subsequent violations at that
address, no notice is given: we hire a private contractor. We send a bill; if it isn't paid,
we send a resolution to the City Council for authorization to assess the costs on the
property tax bill.
The Public Works Department procedures include: tagging of non - complying garbage;
contacts with owners or tenants at chronic problem properties; pick -up; and /or referral of
garbage violations to the Housing and Health Departments. Garbage in the private
yard space is the responsibility of the Housing and Health Departments; Public Works
addresses garbage problems in the public right -of -way.
As a result of these discussions, Housing and Health agreed to adopt identical policies
for garbage enforcement and pick -up. Each department now uses a 72 -hour notice.
Beginning in April of 2009, Public Works implemented a more rapid response system for
tagged garbage.
Another issue concerned the length of time allowed for completion of residential
rehabilitation work. The Building Services Department issues an initial building permit,
for housing rehab, for 12 months, and allows renewals for subsequent 6 -month
intervals. This sometimes results in a rehab site remaining in a state of incompletion
and blight for extended periods, even years, and a source of neighborhood complaints.
A third issue concerned the length of time allowed for completion of housing code
enforcement orders. The Housing Code allows the inspector to grant up to 12 months
additional time to complete repairs — beyond the initial enforcement deadline, provided
the owner is making some sort of progress. The Code allows the Housing Code
Appeals Board to grant up to another 12 months to complete repairs under orders. This
can and does result in uncompleted repairs and unsightly properties remaining for
extended periods of time, contributing to neighborhood and citizen complaints.
Task force recommendations
1. Chapter 6 Solid Waste ordinance to be amended to include adding charges to
the owner's utility bill for unscheduled pick -ups.
2. Public Works to adopt 72 -hour notice policy.
3. This policy to include issuance of once per -year, per- address notice of
violation; subsequent violations to result in Public Works pick -up and charges.
4. For owners of larger (7+ unit) apartment complexes, City pick -up service is not
required to be provided. These owners to be allowed to contract with City, on a
case -by -case basis, as determined by City staff.
5. For owners of smaller (3 -6 unit) complexes, larger tipper cart containers to be
required, if it is determined that garbage containers in use are inadequate.
Building Permits
1. For renewal permits, a schedule of escalating fees to be adopted. The first six -
month extension remains the same; each subsequent extension doubles in cost.
2. Jobs not completed in the first year to be required to submit monthly progress
reports to Building Department. `Mentoring services' will be provided to owners
not able to comply with their completion schedules.
Housing Code Enforcement
1. Inspector to allow only up to 180 days to complete required repairs; issued in 30
day increments. Reports to be made to Code Appeals Board on progress.
2. Housing Code Appeals Board to allow only up to 90 days to complete ordered
repairs; to review progress at Board meetings.
Exemptions for seasonal weather - related conditions to remain as current, i.e., a
November -May 'moratorium' on outside painting and other qualifying exterior
work..
3. Review and re- evaluate effectiveness of historic district rehab -loan programs
currently offered by Premier Bank and Dubuque Bank and Trust. These have not
been well used, yet offer subsidized financing to owners of historic properties.
4. Place additional trash receptacles throughout the downtown commercial blocks,
to combat littering.
5. Raise the annual licensing fee on vacant properties, from $200 to $300.
6. Encourage the Dubuque Landlords Association to appoint members to attend
meetings of neighborhood associations, to promote dialogue and mutual
problem - solving.
Action Step
The action requested of the City Council is to approve the attached Ordinances,
amending Title 13, Chapter 6 Solid Waste; and Title 6, Chapter 6 Housing
Regulations, of the Code of Ordinances. In addition, the request is to adopt the
attached fee schedule, increasing the annual licensing fee for vacant properties.
cc:
Crenna Brumwell, Asst City Attorney
Don Vogt, Public Works Dept Director
Mary Rose Corrigan, Health Dept Director
Rich Russell, Building Dept Director
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 23-10
AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION
13 -6 -1 DEFINITIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY
ADDING A DEFINITION FOR CONTAINER; SECTION 13 -6 -3 CONTAINER
REQUIREMENTS; COLLECTION RESTRICTIONS BY ADDING DEFINITIONS FOR
GARBAGE BAGS, OVERSIZED RIGID SOLID WASTE CONTAINERS, AND SOLID
WASTE CARTS; AMENDING ARTICLE A CITY OR PRIVATE COLLECTION
SERVICE BY AMENDING SECTION 13 -6A -4 PLACEMENT OF CONTAINERS FOR
COLLECTION, SUBSECTIONS A, C, D, AND E AND ADOPTING A NEW
SUBSECTION F; AND AMENDING SECTION 13 -6A -6 RATES AND CHARGES
ESTABLISHED; EXCEPTIONS, SUBSECTIONS A AND D
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13 -6 -1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
13 -6 -1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
CONTAINER: A solid waste receptacle, including a standard solid waste container, an
oversized rigid solid waste container, a solid waste cart, or a garbage bag, as described
in Section 13 -6 -3 Container Requirements; Collection Restrictions.
Section 2. Section 13 -6 -3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
13 -6 -3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
B. Container Standards.
1. Containers shall be of a type originally manufactured for refuse or garbage
collection and shall be of sturdy construction.
2. Standard solid waste containers shall not be more than thirty -five (35)
gallons nor less than five (5) gallons in capacity, except when only one (1)
container is used, in which case such container may be less than five (5) gallons
in capacity. All such containers shall be waterproof, fitted with a tight lid, have
handles or other suitable lifting devices, and have tapered sides for easy
emptying. The weight of any individual standard container and its contents shall
not exceed forty (40) pounds. Galvanized steel and similar metal containers,
rubber containers, and plastic containers which do not become brittle in cold
weather, may be used. Oil or grease drums, paint cans, and similar salvaged
containers shall not be used.
3. Garbage bags, typically made of plastic and manufactured for containing
solid waste, shall not be more than thirty -five (35) gallons nor less than five (5)
gallons in capacity. Bags and contents shall not exceed forty (40) pounds in
weight.
4. Oversized rigid solid waste containers of up to fifty (50) gallons in capacity
may be used if subscribed for an additional monthly fee. Oversized rigid solid
waste containers shall contain no more than three (3) garbage bags of forty (40)
pounds or less each. All such containers shall be waterproof, fitted with a tight lid,
and have handles or other suitable lifting devices. Galvanized steel and similar
metal containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Barrels may not be used.
5. Solid waste carts may either be used, required, or subscribed at
scheduled monthly rates. Forty -eight (48), sixty -four (64), and ninety -six (96)
gallon carts are acceptable.
Section 3. Section 13 -6A -4 of the City of Dubuque Code of Ordinances is
amended to read as follows:
13 -6A -4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys. Where collections are made from alleys:
1. Standard solid waste containers, oversized rigid solid waste containers,
and solid waste carts may remain at the alley during the week.
2. All other containers shall be placed in one location for each dwelling, in
clear view at the owner's property line abutting the alley, and only on the days
designated by the City Manager.
C. Time Limit for Placement of Containers in Alleys. No person shall, place solid
waste items or solid waste containers, other than standard solid waste containers,
oversized rigid solid waste containers, or solid waste carts, at the alley line for collection
more than twenty -four (24) hours before the scheduled collection day. All solid waste
items and containers shall be placed at the designated collection location for City
collection by six o'clock (6:00) A.M. on the scheduled collection day.
D. Time Limit For Placement Of Containers On Streets: No person shall place solid
waste items or containers at the street for collection more than twenty -four (24) hours
before the scheduled collection day. All solid waste items and containers shall be
placed at the designated collection location for City collection by six o'clock (6:00) A.M.
on the scheduled collection day.
E. Duty When Solid Waste Not Collected: After twenty -four (24) hours following the
scheduled collection day, whenever the City Manager determines that the solid waste,
either placed for collection or apparently abandoned, is noncompliant with container,
quantity, or location requirements such as to constitute a health, safety or fire hazard,
the City Manager shall mail a written notice by certified mail to the solid waste's
identified owner, notifying the owner to comply with the applicable ordinances. If the
owner fails to comply within three (3) days after the mailing of such notice, the City
Manager will cause the solid waste to be collected and the costs associated with said
action added to the municipal utility bill of the solid waste owner.
If the owner of the solid waste cannot be identified or found, the notice shall be sent to
the owner of the lot or parcel of land on Which the solid waste is located, or the property
owner's agent or attorney, notifying the owner of said property of the noncompliance. If
the property owner fails to comply within three (3) days after the mailing of such notice,
the City Manager will cause the solid waste to be collected and the costs associated
with said action added to the municipal utility bill of the property owner.
Section 4. Section 13 -6A -4 of the City of Dubuque Code of Ordinances is
amended by adding thereto the following new subsection:
F. Continued Noncompliance. In the event of continued noncompliance with solid
waste setout regulations within the following twelve (12) calendar months, the City
Manager shall be authorized to immediately collect the noncompliant solid waste and
add the costs associated with said action to the municipal utility bill of the solid waste
owner. If the owner of the solid waste cannot be identified or found, collection costs will
be added to the municipal utility bill of the property owner.
Section 5. Section 13 -6A -6 of the City of Dubuque Code of Ordinances is
amended to read as follows:
13 -6A -6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises: Except as qualified below, a fee of ten dollars sixty cents
($10.60) per dwelling unit per month shall be paid to the city by the property owner of
each class I premises for such services. Said fee shall be in payment for collection and
disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined in
this chapter. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection
charges for class I premises are as follows:
1. When a class I premises has been vacant for a period not less than two
(2) consecutive months, the owner may apply to the city manager for a credit
under procedures to be established by the city manager. Such credit shall
continue only so long as the class I premises is vacant.
4. Class I premises when a family household of five (5) or more persons has
an annual income equal to or less than the income standards used by HUD for its
"section 8 housing program" for the size of that household may, upon application
to the city manager, be exempted from one -half ( the established collection
charge. After the initial application, annual application shall be made by the head
of household annually, as scheduled by the City Manager, to verify annual
income and eligibility.
D. Unit Based Pricing:
1. Collection options and charges under unit based pricing for class I, II, and
III premises shall be established by the City Manager.
2. Additional subscriptions may be obtained for weekly collection of
additional standard solid waste containers, oversized rigid solid waste containers,
or solid waste carts.
3 Official City of Dubuque single use stickers shall be applied to each
additional standard solid waste container or small bulky or bundled item in
Attes
excess of the one standard solid waste container collected under the base
monthly solid waste fee or any additional subscribed container(s).
4. Multiple - family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as class 11 or class 111 premises sharing a common set out location
with other city solid waste customers shall only use approved solid waste
containers with permanent identification as to the specific premises. However, for
the two (2) weeks following Christmas, excess solid waste may be set out in
trash bags with applied City of Dubuque single use stickers.
5. In alleys approved for set out where solid waste carts are required to be
subscribed to by owners, tenants, and /or the property managers of class I, 11, and
111 premises the customer shall choose the number and size of the cart(s). Such
carts shall be subscribed according to a fee schedule and program requirements
as approved by the city manager.
Section 6. This Ordinance shall take effect on publication.
Passed, approved and adopted the 19th dajof April , 2010.
nne F. Schneider, City Clerk
Roy D. uol, Mayor
ORDINANCE NO. 24-10
AMENDING TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT,
CHAPTER 6, HOUSING REGULATIONS OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING SECTION 6 -6 -4 A.3. NOTICE OF VIOLATION;
ORDER OF COMPLIANCE, AND ADOPTING IN LIEU THEREOF A NEW SECTION 6-
6-4 A.3.; BY AMENDING SECTION 6 -6 -5 ENFORCEMENT OF ORDER OF CITY
MANAGER BY DELETING PARAGRAPH (4); AND BY REPEALING SECTION 6 -6 -9
F.1. EXTENSION OF TIME, AND ADOPTING IN LIEU THEREOF A NEW SECTION 6-
6-9 F.1.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -4 A.3. of the City of Dubuque Code of Ordinances is hereby
repealed, and the following new Section 6 -6 -4 A.3. is hereby adopted in lieu thereof:
(3) Specify a period of time not to exceed thirty (30) days to begin repairs or
demolition and not to exceed one hundred - eighty (180) days for completion. No
additional time for completion may be authorized by the Housing Officer, excepting for
weather - related exterior repairs beginning in November and ending in May of each year.
Section 2. Section 6 -6 -5 of the City of Dubuque Code of Ordinances is hereby
amended by deleting paragraph (4).
Section 3. Section 6 -6 -9 F.1.of the City of Dubuque Code of Ordinances is hereby
repealed, and the following new Section 6 -6 -9 F.1. is hereby adopted in lieu thereof:
(1) Extension of time: The Board may grant an extension of time for the compliance
of any notice and order for not more than ninety (90) days subject to appropriate
conditions and provided that the Board makes specific findings of fact based on
evidence relating to the following:
a. That there are practical difficulties or unnecessary hardships in carrying out
the strict letter of any notice and order; and
b. That such an extension is in harmony with the general purpose and intent of
this code in securing the public health, safety and general welfare; and
c. That the violation in question does not constitute an imminent threat to public
health, safety and welfare.
Section 4. This ordinance shall take effect immediately upon publication.
Passed, approved and adopted this 19th day of April , 20
Attest:
Jeanne Schneider, CMC
City Clerk
Roy DDuol, Mayor
APPROVING AN INCREASE IN THE LICENSE FEE FOR VACANT AND
ABANDONED BUILDINGS
Whereas, the need for increased monitoring, inspections and enforcement in the
maintenance of vacant and abandoned properties has added costs to the housing
code enforcement program.
Whereas, the City Council has determined that the annual licensing fee should be
increased from $200 to $300.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Effective July 1, 2010 , the annual licensing fee for vacant and
abandoned buildings be increased to $300.
Passed, approved and adopted this 9 t h day of April , 201
Attest:
Jeanne Schneider, CMC, City Clerk
RESOLUTION NO. 121 -10
Roy D f oI, Mayor