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Building Code Board Proposed Combination of Disciplines Copyrig hted December 7, 2020 City of Dubuque Action Items # 3. City Council Meeting ITEM TITLE: Building Code Board Proposed Combination of Disciplines SUMMARY: City Manager recommending approval of the ordinance changes presented for the proposed Board combinations to illicit greater participation and more effective review of City Building Codes. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14-1A-6 Building Code and Advisory Appeals Board ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code, Section 14-1 D-3 Electrical Code Board ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Section 14-1 F-4 Mechanical and Plumbing Code Board ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Section 14-1 G-2 Fuel Gas Code Amendments ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code, Section 14-1 H-7 Mechanical and Plumbing Code Board ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article I Accessibility Code for ReadilyAchievable Changes ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1 J-7 Housing Board of Appeals ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code, Section 14-1 K-2 International Existing Building Code Amendments SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: Description Type Building Code Board Proposed Combination of City Manager Memo Disciplines-MVM Memo Staff Memo Staff Memo Power Point Presentation Supporting Documentation Ordinance - Section 14-1A-6 Ordinance Ordinance - Section 14-1D-3 Ordinance Ordinance - Section 14-1F-4 Ordinance Ordinance - Section 14-1G-2 Ordinance Ordinance - Section 14-1H-7 Ordinance Ordinance - Section 14-11-7 Ordinance Ordinance - Section 14-1J-7 Ordinance Ordinance - Section 14-1K-2 Ordinance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Building Code Board Proposed Combination of Disciplines DATE: December 2, 2020 Due to the segmentation of trades/disciplines in the Building Code, several Boards were created to serve each trade individually. This model has created Boards that have not convened in two years and have not reviewed Building Codes adopted because lack of engagement reduced the Board participation. This memo outlines a proposal to consolidate boards into one board that serves as the review and appeal body for all building codes adopted by the City Council. The City of Dubuque currently has four boards that serve to review code adopted by the City Council, recommend changes, and hear appeals related to those codes from contractors/property owners. The Boards are as follows: Building Code and Advisory Appeals Board 7-member board, 5 vacant positions Electrical Code Board 7-member board, 3 vacant positions Housing Code Board of Appeals 5-member board, 0 vacant positions Mechanical and Plumbing Code Board 7-member board, 2 vacant positions Out of 26 board positions, 10 are vacant as of the last report to City Council, several which have been vacant for longer than a year. Low participation rates are experienced on Board and Commissions that do not meet regularly because they do not have agenda items to address. Each of the four Boards last four meetings held with a quorum are listed below: Building Code & Advisory Appeals Board Housing Code Board of Appeals September 22, 2020* September 15, 2020 March 24, 2020 August 18, 2020 July 16, 2019 July 21, 2020 Electrical Code Board Mechanical & Plumbing Code Board January 29, 2018** May 29, 2019 August 7, 2017 May 16, 2019 February 27, 2017 October 20, 2016 *No quorum without 2 members unknowingly serving at-will **Only met to accept the resignation of one member and appoint another. The Mechanical and Plumbing Code Boards were combined July 1, 2016, with the adoption of the International Property Maintenance Code. Based on historic lack of ineetings needed for the Electrical Code Board and the Mechanical and Plumbing Code Board, it is prudent to review each board and their purpose/role for the City as we also see waning participation on the board. When reviewing structure and codes, the International Code Council provides general guidance. It is noted in the guidance that structure and use of the code must meet the needs of the organization. Dubuque is a medium sized community, with fewer qualified specific tradespeople living within City limits. This can reduce the availability to serve on trade specific board, but also makes it more difficult to communicate with other trades to effectively evaluate building codes and construction methods. A combined board with positions specifically designated to the trades will assist in the communication between trades/disciplines and engage a more consistent membership. The building codes require several people to review them, and an involved board is critical to adopting cohesive codes. Many building codes adopted by the City of Dubuque are specific to a trade, but reference other trade codes consistently and frequently. The International Residential Code (IRC), International Building Code (IBC), and International Property Maintenance Code (IPMC) frequently reference the International Plumbing Code, the International Mechanical Code, and the National Electric Code. Additionally, the IRC, IBC, and IPMC have electrical, mechanical and plumbing provisions that should be reviewed by those with specific trade experience. Based on the goals of having a full board of experienced board members, active participation, and a cohesive building code, consolidation from four to two Boards is being proposed. The first proposed board, Building Code Advisory & Appeals Board would be responsible for reviewing all building codes under Title 14 Building and Development, Chapters 1-9 and appeals related to those same codes. This board would be made up of seven members, with one trade specialized member qualified in experience and training in each of the following fields: 1. Residential Construction 2. Commercial Construction 3. Electrical Construction 4. Plumbing 5. Heating, Ventilation and Air Conditioning 6. Multi-disciplinary — architect, engineer, building designer, general contractor 7. Multi-disciplinary — architect, engineer, building designer, general contractor In addition, there would be one alternate member for each of the trades (represented above in 1-5) in the event of an absence or conflict. A quorum would consist of four present members, with at least one member specialized in the matters at hand. 2 This board would be responsible for reviewing codes prior to amendment or change and provide recommendations to the City Council. Additionally, the Board would serve as the hearing body for appeals regarding the building codes. An application for appeal shall be based on a claim that the true intent of the codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equal or better form of construction is proposed. The second board would be the Housing Appeals and Mediation Board. This board would hear appeals on orders, decisions, or determinations made by the code official relative to repair deadlines and nuisance abatement. Additionally, the board would hear landlord/tenant disputes regarding property access, nuisance abatement and rent abatement due to the failure of the responsible party to correct city code violations in a timely manner. This board would consist of five members, with positions filled by residents that have an interest in fair and equitable housing with emphasis on balance of landlords, tenants and others. A quorum would consist of three present members. An application for appeal of repair deadlines shall be based on a claim that code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall not have the authority to amend the violation. An application for appeal of nuisance abatement shall be based on the claim that the true intent of Dubuque City Ordinance 6-8-2, and 6-4-3 related to rubbish/garbage, have not been correctly interpreted or the provisions do not fully apply. The board shall not have the authority to waive requirements of this code. An application for mediation shall be based on the claim that either the landlord or tenant have not fulfilled their duties as required by the lease in effect. The City of Dubuque plans on working directly with Magistrates to best serve the needs they see when processing eviction cases to represent the interest of building positive tenant/landlord relationships. The Housing Board of Appeals met (without quorum) on October 17t", 2020 to review this proposal and suggested a change to the proposed five-member board that is reflected in this recommendation to City Council. The original proposal had a five- member board with only three members hearing each appeal. One board member did not feel this was as effective and staff agreed with the reasoning, so this provision was removed from the proposal. Other suggestions related to additional training for board members, and how to effectively implement mediation between tenants/landlords and will be implemented through procedure changes, but did not affect the ordinances being considered by City Council. The Building Code & Advisory Appeals Board, the Electrical Code Board, and the Mechanical & Plumbing Code Board held a joint meeting December 2nd, 2020 to discuss the proposed combination of the boards. Four members were in attendance. All four 3 agreed that there are challenges with filling positions on the board, meeting quorums, and cross-trade coordination. Two members were in favor of the proposal and two voiced some concerns about having enough trade expertise. One solution suggested was to add two more members to the board, creating a nine-member and five-alternate board. This feedback will be essential to consider as staff continues to monitor participation and the ability to engage the trades in a collaborative manner, but is not being proposed at this time. Filling 12 positions consistently will be the first priority, and allowing public comment for all code review will allow additional trade feedback. The members also provided valuable ideas for future engagement. Assistant City Manager/Acting Building Services Manager Cori Burbach and Housing and Community Development Director Alexis Steger recommend City Council approval of the ordinance changes presented for the proposed Board combinations to illicit greater participation and more effective review of City Building Codes. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director 4 Dubuque THE CITY OF � NFAmerica Cipl DuB E �.��,�� , � �i, I � Maste iece on the Mississi 1 zoo��zoiz�zois � pp zo��*zoig TO: Michael C. Van Milligen, City Manager FROM: Cori Burbach, Assistant City Manager + Acting Building Services Manager Alexis Steger, Housing & Community Development Director SUBJECT: Building Code Board Proposed Combination of Disciplines DATE: December 2, 2020 Introduction Due to the segmentation of trades/disciplines in the Building Code, several Boards were created to serve each trade individually. This model has created Boards that haven't convened in two years and have not reviewed Building Codes adopted because lack of engagement reduced the Board participation. This memo outlines a proposal to consolidate boards into one board that serves as the review and appeal body for all building codes adopted by the City Council. Background The City of Dubuque currently has four boards that serve to review code adopted by the City Council, recommend changes, and hear appeals related to those codes from contractors/property owners. The Boards are as follows: Building Code and Advisory Appeals Board 7-member board, 5 vacant positions Electrical Code Board 7-member board, 3 vacant positions Housing Code Board of Appeals 5-member board, 0 vacant positions Mechanical and Plumbing Code Board 7-member board, 2 vacant positions Out of 26 board positions, 10 are vacant as of the last report to City Council, several which have been vacant for longer than a year. Low participation rates are experienced on Board and Commissions that do not meet regularly because they do not have agenda items to address. Each of the four Boards last four meetings held with a quorum are listed below: Building Code & Advisory Appeals Board Housing Code Board of Appeals September 22, 2020* September 15, 2020 March 24, 2020 August 18, 2020 July 16, 2019 July 21, 2020 Electrical Code Board Mechanical & Plumbing Code Board January 29, 2018** May 29, 2019 August 7, 2017 May 16, 2019 February 27, 2017 October 20, 2016 *No quorum without 2 members unknowingly serving at-will **Only met to accept the resignation of one member and appoint another. The Mechanical and Plumbing Code Boards were combined July 1, 2016 with the adoption of the International Property Maintenance Code. Discussion Based on historic lack of ineetings needed for the Electrical Code Board and the Mechanical and Plumbing Code Board, it is prudent to review each board and their purpose/role for the City as we also see waning participation on the board. When reviewing structure and codes, the International Code Council provides general guidance. It is noted in the guidance that structure and use of the code must meet the needs of the organization. Dubuque is a medium sized community, with fewer qualified specific tradespeople living within City limits. This can reduce the availability to serve on trade specific board, but also makes it more difficult to communicate with other trades to effectively evaluate building codes and construction methods. A combined board with positions specifically designated to the trades will assist in the communication between trades/disciplines and engage a more consistent membership. The building codes require several people to review them, and an involved board is critical to adopting cohesive codes. Many building codes adopted by the City of Dubuque are specific to a trade, but reference other trade codes consistently and frequently. The International Residential Code (IRC), International Building Code (IBC), and International Property Maintenance Code (IPMC) frequently reference the International Plumbing Code, the International Mechanical Code, and the National Electric Code. Additionally, the IRC, IBC, and IPMC have electrical, mechanical and plumbing provisions that should be reviewed by those with specific trade experience. Proposed Board Structure Based on the goals of having a full board of experienced board members, active participation, and a cohesive building code, consolidation from four to two Boards is being proposed. The first proposed board, Building Code Advisory & Appeals Board would be responsible for reviewing all building codes under Title 14 Building and Development, Chapters 1-9 and appeals related to those same codes. This board would be made up of seven (7) members, with one trade specialized member qualified in experience and training in each of the following fields: 1. Residential Construction 2. Commercial Construction 3. Electrical Construction 4. Plumbing 5. Heating, Ventilation and Air Conditioning 6. Multi-disciplinary — architect, engineer, building designer, general contractor 7. Multi-disciplinary — architect, engineer, building designer, general contractor 2 In addition, there would be 1 alternate member for each of the trades (represented above in 1-5) in the event of an absence or conflict. A quorum would consist of 4 present members, with at least one member specialized in the matters at hand. This board would be responsible for reviewing codes prior to amendment or change and provide recommendations to the City Council. Additionally, the Board would serve as the hearing body for appeals regarding the building codes. An application for appeal shall be based on a claim that the true intent of the codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equal or better form of construction is proposed. The second board would be the Housing Appeals and Mediation Board. This board would hear appeals on orders, decisions, or determinations made by the code official relative to repair deadlines and nuisance abatement. Additionally, the board would hear landlord/tenant disputes regarding property access, nuisance abatement and rent abatement due to the failure of the responsible party to correct city code violations in a timely manner. This board would consist of 5 members, with positions filled by residents that have an interest in fair and equitable housing with emphasis on balance of landlords, tenants and others. A quorum would consist of 3 present members. An application for appeal of repair deadlines shall be based on a claim that code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall not have the authority to amend the violation. An application for appeal of nuisance abatement shall be based on the claim that the true intent of Dubuque City Ordinance 6-8-2, and 6-4-3 related to rubbish/garbage, have not been correctly interpreted or the provisions don't fully apply. The board shall not have the authority to waive requirements of this code. An application for mediation shall be based on the claim that either the landlord or tenant have not fulfilled their duties as required by the lease in effect. The City of Dubuque plans on working directly with Magistrates to best serve the needs they see when processing eviction cases to represent the interest of building positive tenant/landlord relationships. The Housing Board of Appeals met (without quorum) on October 17t", 2020 to review this proposal and suggested a change to the proposed 5-member board that is reflected in this recommendation to City Council. The original proposal had a 5-member board with only 3 members hearing each appeal. One board members did not feel this was as effective and staff agreed with the reasoning, so this provision was removed from the proposal. Other suggestions related to additional training for board members, and how to effectively implement mediation between tenants/landords and will be implemented through procedure changes, but did not affect the ordinances being considered by City Council. The Building Code & Advisory Appeals Board, the Electrical Code Board, and the Mechanical & Plumbing Code Board held a joint meeting December 2nd, 2020 to discuss 3 the proposed combination of the boards. Four members were in attendance. All four agreed that there are challenges with filling positions on the board, meeting quorums, and cross-trade coordination. Two member were in favor of the proposal and two voiced some concerns about having enough trade expertise. One solution suggested was to add two more members to the board, creating a 9-member and 5-alternate board. This feedback will be essential to consider as staff continues to monitor participation and the ability to engage the trades in a collaborative manner, but is not being proposed at this time. Filling 12 positions consistently will be the first priority, and allowing public comment for all code review will allow additional trade feedback. The members also provided valuable ideas for future engagement. Recommendation We respectfully recommend City Council approval of the ordinance changes presented for the proposed Board combinations to illicit greater participation and a more effective review of City Building Codes. Cc: Crenna Brumwell, City Attorney 4 w ��1�� \� ICC—continued ��g; �ternational Fire Code° �C 1 p 1.4.5, 102.6, 102.6.2, 201.3, 2p2, 3p7.�, Table 307.1(1), Table 307,I(2), 3p7 j 404.2, 406.2.9, 406.7, 406.8, 407.4, 410.2.6, 411.1, 412.1, 412.5.1, 413,1 4 l, 307.1.2, 403.4.5, 414.2,Table 414.2.5(1), 414.2.5.1, 414.2.5.2,Table 414.2.5(2),414,2,5.3,414.3,414 5,414,5 11 �1'2'[, 414.5.1, 414.5.2, 414.5.3, 414.6, 415.2, 415.6, 415,6.1, 415.b.1,1, 415.5,1.4, Table 415.6.2, 415.73 415.8.2, 415.9, 4]5.9.1, 415.9.1.3, 415.9.1.4, 415,9.1.6,415.9.1.7, ' �I5.11, 415.11.1.7, 415.11.4, 415.9.1.$,415,g,2,415.9.3,415.10, 415.11.7.2, 415.11.9.3, 415.11.10.1, 41b.1, 416.2,3, 41b,4, 422.3.1, 426.1, 426.1.4, 427.1, 427.2.3, 428.1, 428.2, 428.3, Table SQ4.3, Table 504.4, Table 506.2, 507.4, 507.8.1.1.1, 507.8.1.1.2, 507.81.1.3, Table 509, 705.8.1, 707.1, 806.3, 901.2, 901.3, 901.5, 901.6.3, 901.6.4, 903.2.7.1, Table 903.2.1 I.b, 903.2.12, 903.5, 904.2.2, 904.11.3, 905.1, 905.3.6, 905.3.7, 906.1, Table 906.1, 906.4, 907.1.1, 907.2.5, 947.2.6, 907.2.8, 907.2.12.2, 907.2.14, 907.2.15, 907.2.22, 907.5.2.2, 907.6.6, 907.6.b.2, 907.8, 909.6.3, 909.12.1, 909.19, 909.20, 9io.2.z, 91a.s, 912.4.3, 915.1, 915.6, 916.7, 916.11, 918.i, 1002.1, 1002.2, 1010.1.9.7, 1202.5.2, 1202.6, 1507.16, 1512.1, Table 1604.5, 2603.4.1.12, 270L1, 2702.1.3, 2702.2.3, 2702.2.7, 2702.2.10, 2702.2.t2, 2702.2.14, 2702.4, 3003.3, 3008.1.3, 3102.1, 3102.8.3, 3103.1, 3111.12, 3l 11.2, 31] 1.3, 3�11.3.=t, 3ll 1.3.5, 3302.3, 3303.`7, 3309.2 IFGC—ig� International Fuel Gas Code� 101.4.1, 201.3, Table 307.1{1), 415.9.2, 2113.11.1.2, 2113.15, 2702.2.6, 2801.1 IMC-1$: International Mechanical Code� 407 2 � �p9.3 4125.6, 4I4.1.2, 101.4.2, 201.3, Table 307.l(1}, 406.2.9, 406.6.2, 406.8.1, 406.8.4, ' � 42b.1.4, 427.2.2, 416.2.3, 420.8, 420.9, 42Q.10.I, 421.4, 4I4.3, 415.9.1, 4159.2, 415.9.3, 4i5.11.11, 715.5, 717.6.1, 717.6.2, 643.1.2 712.1.6, 717.2.2, 717.5.3, 715.4, 427.2.3, 428.4.7, 603.1, 603.L 1, � 4p4.2.2 904.12, 907.3.1, 909.1, 909.10.2. 9Q9.13.1,910.4.7, 717.6.3, 718.5, 720.1, 720.7, 903.2.11.4, � 100b.2.2.3, 1 011.16, 1020.5.1, 1202.1, 1202.2.2, 1202.4.3.2, 1202.5.2.1, 1202.6, 1208.3, 2702.2.5, 2801 .1, 3111.2 IPC-18: I.nternational Plumbing Code° i01.4.3, 241.3, 4i5.9.3, 60 3.i.2, 718.5, 903.3.5, 1�05.3.3, 1�03.�. I�O;.�.l, t:�0i.-�.3_ 'y01.1, Ta e 2902.1> 3111.2, 3305.1 IPMC-18: International Property Maintena 3 270°1�28a1.1 .... � ,n� � � 1 n3 , � � � � � � � � � � � � � � ' ' i • . � . � ' . ' • � ' �� ,� �E �(.: — —_ _ s— .......__.__.-_ �',' . �¢�'',: - � �yr �q�� . �+S . _ -._._"_ K ,¢�R �q� �. "h ey �q�' >4�" �"4 �R'�ii._�� ".: ' � _ � �y�IY h L�. 7�` , M� � z r r "�' r�F 4➢�k.., _ ... . � .�yq�.4 �lfi -�Y ,��N �f ,..��., T �: ..� s R•y Y J} . . � [ � `� - f�a,f✓IrW��F �r�'P s�� , 76 �� -� ��-s't+s+�� '.�. �, - � � ,. - ��f=�^- :,��,�� , � 4�:�� ? .....r-�,r '�.. ,. �. 1 1 . � � �_ _ �, � �,-_� s �1 � • 4 �� _ ' < ��> — � - ��l � � \�_��- � ) January2g, Zo18 May Zg, Zo1g • Provides standards on Electrical, Mechanical and Plumbing as part of the structure • Appealsareonlyheard bythe Building CodeandAdvisoryAppeals Board, not the Trade Specific Boards � & � � Proposal to reduce Building Code Boards from 4 to 2. • One Board to oversee all building codes • One Board for rental property appeals of time/mediation/rent abatement Residential Construction (+ alternate) • Z . CommercialConstruction �+ alternate) • 3 . Electrical Construction (+ alternate) • 4. Plumbing (+ alternate) • 5 . Heating, Ventilation and Air Conditioning(+ alternate) ....................� .... ............................... � ............ ........... ...... Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 44- 20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14-1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1A-6: BUILDING CODE ADVISORY AND APPEAL BOARD: A. Board Created: There is hereby created the building code advisory and appeal board. B. Purpose: The purpose of the board is to review proposed code adoptions and amendments for recommendation to the City Council and to serve -as- an appeal body for the decisions of the code official-.- C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special experience and training qualifications: a. One member must be a residential construction professional. b. One member must be a commercial construction professional. C. One member must be an electrical construction professional. d. One member must be a plumbing construction professional. e. One member must be a heating, ventilation, and air conditioning (HVAC) construction professional. f. Two (2) multidisciplinary representatives, which could be an architect, engineer, building designer, or general construction professional. 4. Alternates. Alternate representatives shall be appointed for the residential construction professional, commercial construction professional, electrical construction professional, plumbing construction professional, and HVAC construction professional positions and shall be called upon to participate in the event of a conflict of interest or unavailability of the primary appointee. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a Chairperson and Vice Chairperson, each to serve a term of one (1) year. The code official or the code official's designee shall serve as secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon call of the Chairperson, the City Manager, or the City Manager's designee. 2. Special Meetings: Special meetings may be called by the Chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in conformance with the lowa Open Meetings Law. 4. Appeals: The board shall meet upon notice from the Chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. 5. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 6. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 7. Quorum: Four(4) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the City administrative policies and budget. L. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. M. Powers: The board has the following powers, duties, and responsibilities: 1. To review proposed code adoptions and amendments for recommendation to the City Council. 2. To serve as an appeal body for the decisions of the Code official based upon the codes adopted by the City under Title 14 of this code. 3. When hearing an appeal: a. The board may reverse or modify a decision of the code official only upon finding that: i. The true intent of the applicable code or the rules legally adopted thereunder have been incorrectly interpreted by the Code official; or ii. The provisions of the applicable code do not fully apply; or iii. An equal or better form of construction has been proposed and is appropriate. b. The board shall require sufficient evidence or proof be submitted to substantiate any claims that an equal or better form of construction is appropriate. C. In orderto make a finding that an equal or betterform of construction is appropriate the board must find the proposed material or method of construction is satisfactory for the use intented and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, fire resistance, and safety. d. All appeal hearings shall be conducted in accordance with the procedures specified in this Code. e. The board shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the board be empowered to waive requirements of this Code. N. Application for Appeal: 1. Any person affected by a decision of the code official or a notice or order issued under this Code shall have the right to appeal, provided a written application for appeal is filed within twenty (20) days afterthedecision-notice,---or-order--was served. 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equal or better form of construction is proposed. The board may find a proposed form of construction to be equal or better. O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of Dece ber 2020. 0 Roy D. BA, Mayor Attest: Adrienne Breitfelder, Cify Clerk EFFECT OF AMENDMENT � 14-1A-6: BUILDING CODE A��ADVISORY AND APPEAL� BOARD: A. Board Created: There is hereby created the building code a-��advisory and appeals board. B. Purpose: The purpose of the board is to �e��r��t#�.�T��"�'�+., „f ,�+o��,c , , �„ �� h,,;�,�;n„ ,.,,,,�+r,,,.+;,,� rory„��+,�„� �,,,� .,r,,,.o,�„�o�,review proposed code adoptions and amendments for recommendation to the City Council and to serve as an appeal body for the decisions of the ��gcode official. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the lowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. � 3. Special experience and training qualifications: a. One member must be �„-�c�iT�e�e�g+r�eer�e��e�e��t��t� �aa residential construction professional. b. One member must be a commercial construction professionalE�e�. c. One member must be an electrical construction professional. d. One member must be a r,��Tplumbing construction p rof e s s i o n a I Ee►�t racts�. e. One member must be a ro^ro�or+�+;,,o r.f+ho n„h�,,. �+ ��r�oheatinq, ventilation, and air conditioninq (HVAC) construction professional. f. Two (2) multidisciplinary representatives�� "�„� '�^^�^,'��'�m r�crn�m-r�F,��$ \A/i+�.ci'atitFlitC�Tccl��tCtt�ttJrtG--��r�+�rnrt��rvr „or��„� ,�,;+h ,�,��h;�;+,o�, Which could be an architect, enqineer, buildinq desiqner, or qeneral construction professional. 4. Alternates. Alternate representatives shall be appointed for the residential construction professional, commercial construction professional, electrical construction professional, plumbinq construction professional, and HVAC construction professional positions and shall be called upon to participate in the event of a conflict of interest or unavailabilitv of the primary appointee. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a Chairperson and Vice Chairperson, each to serve a term of one (1) year. The rhoirriorcrin ,,,,,�+ �nn�;,,+ � �ec��ar", '"�--�—�ee�—�e+ "�ne�e�-s�t�ic�acode official or the code official's designee shall serve as secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon call of the Chairperson, I Conro4�ry �rthe City Manager, or the City Manager's designee. e 2. Special Meetings: Special meetings may be called by the Chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in conformance with the lowa Open Meetings Law. 4. Appeals: The board shall meet upon notice from the Chairman, within not less than ten (1) days and not more than ninety (90) days of the filinq of an appeal, at stated periodic meetinqs, or at the written request of a majoritv of the members. 54. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. � 6�. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 76. Quorum: �^r moo�� nihoro �norirl� rinoc nn� iri irdo �G�o�iio�ni r�f _ iv�mcc ..»vrT�r� �.�aw�Trvc�rr caTcvv-vr o n�c�rry�crmi-r�F�� \A/i+�.c.r'a�ii�r��zG�-�:c.scii�.ci� ��zc—��--rmrTCttiti�S�tiTh-r� 4'�vura ��tYt#t� ttFL�}rar��a E}i n n r�f h i�c i n o c�. C�v�-rne��c��Tcr�lttl: e ��T��or��«� hn�rr! �riiJ ��ct nno /'I\ nf �rt��h�phili�� o„+ ronro�o„+�+;.,o�Four (4) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the City administrative policies and budget. L. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. M. Powers: The board has the following powers, duties, and responsibilities: 1. To review proposed code adoptions and amendments for recommendation to the City Council. 2. To serve as an appeal bodv for the decisions of the Code official based upon the codes adopted bv the Citv under Title 14 of this code. 3. When hearing an appeal: a. The board may reverse or modify a decision of the code official only upon findinq that: i. The true intent of the applicable code or the rules lec�ally adopted thereunder have been incorrectly interpreted by the Code official; or ii. The provisions of the applicable code do not fully appl ��,�or iii. An equal or better form of construction has been proposed and is appropriate. b. The board shall require sufficient evidence or proof be submitted to substantiate anv claims that an equal or better form of construction is appropriate. c. In order to make a findinq that an equal or better form of construction is appropriate the board must find the proposed material or method of construction is satisfactory for the use intented and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strenqth, effectiveness, durability, fire resistance, and safety. d. All appeal hearinqs shall be conducted in accordance with the procedures specified in this Code. e. The board shall have no authoritv relative to interpretation of the administrative provisions of this Code nor shall the board be empowered to waive requirements of this Code. N. Application for Appeal: 1. Any person affected by a decision of the �r�code official or a notice or order issued under this Code ^n �n„ rory,iiromori+c ro�„�+;,,n fr��m�#h��E�on��Q,,,�,�;,,� �„�o m�.,shall have the right to appeall provided a written application for appeal is filed within twentv (20�vs after the decision, notice, or order was served�^�ac�-i�e��c��t� R��'�'�^^ �^�'� , , � rlonicinn ron�oro� 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectiv interpreted, the provisions of this code do not fully apply, or an equal or better form of construction is proposed. The board may find a proposed form of construction to be equal or better. , �p�� ffi�i�l �nii�hin finion4��_��_`L�\�ap��f_�cGoir��_onf_acnicin�_f�� "v��hf� t�}��qp��-�S_-t�Een:Th� Ri iilrJinrr (�`nrlo Rn�r.-! c�it�inrr �� n �r�r�o�l�a�_Ron�a �,.N ��a�i-iiieei nn�rvi-i�-.��.��run �hir��i /2(1\ r�nr mnro �h�n nino��i /Q(1\ rJ��ic_�f�or_�`Gpi��_ng vaGii��vtir'c��a-��ra�i-a-a� r� �nii�hin fi�io /F�p/E11-��F�r��fc . �i / •.�... > > �� nici�c�h��ll ho fir»I �inloc,,,�r��oc��c � �, ��..�.. n��+r��+ r�.,��+ �c r�rn�iirlor! h�i I��ei Tho Rn�rr! nf �r�r�o�lc m��i ro�iorco nr mnrlifii o rlonicinri nf+ho hi�ilrlinn nffini�l nr�hi nn firirdir�n �h��• �To hi�ilrlirin �ffi��l h��r�cc i in�orr�r�� ho nrn�iicinri rif �� .��N� � h Tho rJonicinr� nf�ho hi�ilrlir�rr nffi�i�l `+ro��oc ori i�r�r�onocc�r�i h�rrlchir� i ir�r�n �ho or�r�oll�n+ 4n ci ihc�on+io�o on�i nloimc m��o ronorrlirin �ho i�co nf ol+orno�oc �,��,--�p2��2��--��^c��ca—i�raEE r8rvaiT�cc�wTtF� r�rnc� cr�onifiorJ iri +hi� !'`.,.,lo e � omr�n�niororJ t� �nioi�io roivi iiromori4c r,f+hi� ('.,rJo e e e e e e e e e � e e O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. Postponed Hearing: Either the City or the appellant mav request a postponement of a hearinq subject to the approval of the Code official. In no event mav a postponement exceed ninetv (90) days bevond the date of the appeal. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 90.17 Subscribed to before me, a Notary kblic in and for Dubuque County, Iowa, this I Ith day of December, 2020 90,4- -P,,-- ---- Nota ublic in and for Dubuque 6ounty, Iowa. JANET K. PAPIE COMMIs.si�an Number 1]2'0292 n� a My Comrn, E.zp, DEC 1 Y Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 44-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14-lA-6 BUILDING CODE AND ADVISORY APPEALS BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1A-6: BUILDING CODE ADVISORY AND APPEAL BOARD: A. "Board Created: There is hereby created the building code advisory and appeal board. B. "Purpose: The purpose of the board is to review proposed code adoptions and amendments for recommendation to the City Council and to serve as an appeal body for the decisions of the code official. C. "Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. "Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. "Membership: 1. "The board comprises seven (7) residents of the city, appointed by the city council. 2. "Residents must be eighteen (18) years of age or older. 3. "Special experience and training qualifications: a. "One member must be a residential construction professional. b. "One member must be a commercial construction professional. c. "One member must be an electrical construction professional. d. "One member must be a plumbing construction professional. e. "One member must be a heating, ventilation, and air conditioning (HVAC) cons-truction professional. f. "Two (2) multidisciplinary representatives, which could be an architect, engineer, building designer, or general construction professional. 4. "Alternates. Alternate representatives shall be appointed for the residential construction professional, commercial construction professional, electrical construction professional, plumbing construction professional, and HVAC construction professional positions and shall be called upon to participate in the event of a conflict of interest or unavailability of the primary appointee. F."Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board. G. "Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H."Vacancies: Vacancies must be filled in the same manner as original appointments. I. "Officers/Organization: The board must choose annually a Chairperson and Vice Chairperson, each to serve a term of one (1) year. The code official or the code officials designee shall serve as secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. "Meetings: 1. "Regular Meetings: The board must meet upon call of the Chairperson, the City Manager, or the City Manager's designee. 2. "Special Meetings: Special meetings may be called by the Chairperson or at the written request of a majority of the members. 3. "Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. "Appeals: The board shall meet upon notice from the Chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. 5. "Attendance: a. "In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. "Attendance must be entered upon the minutes of all meetings. 6. "Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 7. "Quorum: Four (4) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K."Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the City administrative policies and budget. L. "Removal: The City Council may remove any member for cause upon written charges and after a public hearing. M. "Powers: The board has the following powers, duties, and responsibilities: 1. "To review proposed code adoptions and amendments for recommendation to the City Council. 2. "To serve as an appeal body for the decisions of the Code official based upon the codes adopted by the City under Title 14 of this code. 3. "When hearing an appeal: a. "The board may reverse or modify a decision of the code official only upon finding that: i. "The true intent of the applicable code or the rules legally adopted thereunder have been incorrectly interpreted by the Code official; or ii. "The provisions of the applicable code do not fully apply; or iii. "An equal or better form of construction has been proposed and is appropriate. b. "The board shall require sufficient evidence or proof be submitted to substantiate any claims that an equal or better form of construction is appropriate. c. "In order to make a finding that an equal or better form of construction is appropriate the board must find the proposed material or method of construction is satisfactory for the use intented and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, fire resistance, and safety. d. "All appeal hearings shall be conducted in accordance with the procedures specified in this Code. e. "The board shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the board be empowered to waive requirements of this Code. N. "Application for Appeal: 1. "Any person affected by a decision of the code official or a notice or order issued under this Code shall have the right to appeal, provided a written application for appeal is filed within twenty (20) days after the decision, notice, or order was served. 2. "An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equal or better form of construction is proposed. The board may find a proposed form of construction to be equal or better. O. "Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. "Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the I lth day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 45-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE, SECTION 14-1 D-3 ELECTRICAL CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 D-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 D-3: ELECTRICAL CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. JAW e� - _ - - -- - oy D. B- of, Mayor - - - Attest: 1 Adrienne Breitfelder, Ci y Clerk EFFECT OF AMENDMENT 14-1 D-3: ELECTRICAL CODE �BREVIEW AND APPEALS: SEE 14-1A-6. �. R ri o rrJ (�'rGuiCt�-Fti�ri. �Tc-i�--iT��'.��'cr��tFtl:Gtl:�+.�rnn r!o h n�rr! e e e • ��T�orri�l (lrnoni��}i�n �nrl R��loc��o hnorrl mo�i orl�r�+ n�loc or�rl ron�a�S � ��i+h +hio n�rlo nr �ho I��nio (`rirlo ��vEC�-d t��—C��c��ri: 4 I I o rJ m i ri i c�r��i�io n�vrni-r�r��c�ac�cvaTr�n�9--puag�� v-nr�� n� h�7v aT� ��n /7\ ro c i rl CtttSl��ttit�GFt�� o r�ri ri i n�o rd h�i ��i �� u �'�T�� T �� z�—rQci��ri+c mi�c� ho pj��eon /� �� ,y,. �. d'��i�I��tt�i�Y� o Civ /C.\ momhorc mi�c+ ho�io o honLnr��inrJ r�r ovr�orionno iri olon�rinol ��Ct�FilttCi��}tYQFitlti{�Ct�GtYY�i�t�t�Aiiu i��nr o�on�rin�� m�ir�+on�nno h (lno momhor mi�c+ ho or�ri�in�oiJ frr�m �ho r�i�hlin �F I�rrro ��E�GFi� ttti�nc.�T��G7Y�+c�+�Thry h��rr� m ia�c e e � ��S�i��or��orc� r,f+ho h��rrJ i� t�- o /`2\ �io�ro �r i in�il c�i�� momhor�o o��nn000�r ic� �r�r��in�orJ �r�rl rri i�lifiorJ e • o f�r 4ho rom�inrlor nf�ho nffinor'c i ir�ovr�irorJ �orm ��r �T��ps;�o h n o rr! m�i c�cct#ItF FCF Fltii� y� ��Ccr`�Ir-v�icCtlnn�: Cncr�i'�v�urmccttYlnc mo�i ho ��rl h�i +ho �oirr��eri�T ,-r��P cf`r-ma y-v� �a-�y-n--r� urrP �n iri 4�o��o`v��onf�on ri��h��T�h��s ��i.T�'rr�v-nrc�Tr��. ��cri-mcc��.ci-irr'Tr�.rl--ki��iT�`�Ica-aTr�rhr iri rrinf�nno�T 4ho I��nio �r�on moo�ir�nc I��ei 4�Tt�e��r�c��. o Iri �ho o�ion� o momhor nf�ho hn�riJ h�c hoori �hcor�� fnr �hroo /41 nr mriro n�nco��i�io m�o�nc nf �L�hriorrl �nii i�+ hp_j�r��o�h�� r-r-rvr�cvrrJc trv�c-rn�.c cfa�� ora-r�-vv-r .��.y �h��rc� n�� o o �eiill ho rvrr�i irirlc fnr �ho hn�rrl �r� ron�mmonrJ �n ��}F. vrcrr�.�varcr�vTccvrrn-rTcr-rcrcv �r'.�ii��-v��GF�tFt��t�ri ho rlo�� rl �io�n� �nrd � ro�anomon� rr�c�c r�r-arra-aT ccrrTcrrr o r�r�n i ri+o r� �� h �t4orirJorino mi ic�o + r�iJ i iririn tho mirii i4oc �f �II moo�r�c ��zcrTa-ai�cc-n-rus �e-�}t��.. cc c�.r. e e tqtC1� a. �li�r�ri�m: C�i�r /�l l m��orc r�f �ho h�orrl ��to o `v�ir�ri im fr�r +h� orirJ �i�+irir� ic non0000r�i f�r�ho orJ�ri�i�ri r�f ori�i m�+i�n �r roc�I�i�i�n . . � I 17omr��i�l• Cvnori��_q�F�o`J in oiiho �inr� o,��,+� 'I ��- . � �.. c.�a��F.cr ��GGtr6 , m��i rom��io �n�i momhor f�r rr��rJ n�i ioo ��S�io h��rr! h�c �ho fr�llr��niinr� r�n�ni rJi i+ioc �nr! rocrir�ncihili�ioc. �5�� Tn��rc�r� �nih� ic r]/'1/'IYI�FoiJ h�ac ' n "f +ho hi iiliJinrr nffini�l �r� �n�i uev�c��iv� rr! �niill cor�io oc on 4r�r�ool Rnorr! In n�co +ho � nf hnorrl or��inrr oc on �r�r�o�l R��rrJ i in�il �ho or�r.00l h�� hoon hoorr-I �nrJ � v� v rlonicinr� ronrloror-I u . ��hr� �nn��t�4�qo hn�cm�inn �c on �r�r�ool Rn�riJ mi�c� moo�i e e 4ho hnorrl ic fir�ol i inlocc or�r�o�lorl �n +ho flio+rin+ ('"��-+ oc r�rn�iirlor! h�i lo�ni Tho hnorr�l of+or hoorinn on �rir�ool h�c +ho �i��hnri��i �n• � e • o I Irihnlrl flor�ioin.,• I I.,hnI�J +ho rlonici�n r,f+ho hi�il�ir�n �ffiniol �h�Tv��J�nAnrli�cnici��rco �r m�rJif�i �cricir�n nf +ho hi iilrliri`v nffir�iol h�i� �nl�i rin finrlinry }ho+ +ho hi iilrlinry �ffiniol irin�rron�l�i mu�vcm-arn�viTrc�urT�cvrrcccr�s in�orr�ro+oiJ �ho nr��iici�n nf+hic ('.,.,lo ��TtCttir�r��A ri��i: Tho hnorrl hoc nn oi��hnri��i ��orr�rc�� ...�... o��ppi�i��on��c ('rirJo. Ir� mr�rJif�iinr� �r r�orc��rici�n .,f +ho .�.�..�� e e v��EttGt�tS�C`��F.�91-�6��--1-�.Jc-iT'rccnv�--c��}� I�oo �eri+hm--c+hrrc r�rr��iici�ric .,f +hic !''�,.Jo oniJ �ho� �ho mo�oriol �r mo+hnrJ ic f�r �ho r��irri�co e e e ctrori`v+h offor�+i.�or,o�� J�irohilit�i onrJ cofo��i e e e bGtY� STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 9.79 1 Subscribed to 1 efore me, a Notary Public\in and for Dubuque County, Iowa, this I Ith day of December, 2020 Notar blic in and for Dubuque tounty, Iowa. El= . F�,y°a F Eurs�b��e 15��859 i7EG ti, 202:2 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 45-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE, SECTION 14-1D-3 ELECTRICAL CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1D-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-3: ELECTRICAL CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1Ith day of December 2020. /s/Adrienne N. Breitfelder, City Clerk 1t 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 46-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE, SECTION 14-1 F-4 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 F-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 F-4: MECHANICAL CODE REVIEW AND APPEALS: SEE 14-1A-6 Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. - - ---Roy -D.-Bi 1l -Mayor Attest: _ _ Adrienne Breitfelder` City Clerk EFFECT OF AMENDMENT 14-1 F-4: MECHANICAL �^�n �i i innRi�ir_ CODE �BREVIEW AND APPEALS: SEE 14-1 A-6 � Rn�rr! �'r�orl: Ir� nrrlor �n ho�r �r�rJ rlo��or�r�o�lc nf rirrJ rJoricinr�c � �.�rrrvrcrc�cv—rT apFcar�rvrcr�s��rvna� e • ch�ll h�IrJ nffino �� i�c r�lo�c�iro e � como m�nr�or �c nrinin�l �r�r�niri�mon�c ��tit7�� o T�ni� /'�\ o+ lorrvo momhorc• . � h. Ci�io /�.\ m�mh� np�a ih�nq��Ss minim�im �f�no /'I\ nf+ho f�ll��niin`v .�,.. ..,., r,.� r�FFE�CYFt.�. i m�i m r�f fi�io /�.��5� �n i��F��r�c��ttit: e e e �nmhirio+i�n �horo�f r� �Aomhorc mi�c+ ho oir�h�oon /'I S2\ �ioorc �f o`vo r�r �Irlor r. ��E�� o ric.�T�}Gt�tYtG h��r!J m ia�c e e � f�ll��niinrr �ho �r�ri�in�mon� r�r ro�r�r��in+mon� �h��ri. c��e�� tG�G�tl�G� m �f �no /'I\ �iC�� (`�c-wa�v�Trini��.�uTr.Tttil.�c .� r�i �f }«v h��rrl. Tho h��rrJ m�ic�� fill � �i� +�nn�i �m�nrr i�c��T�+�S f��T��or ��c r�ffinor�c i inovr�iro�J �orm C (' mr� 4i�r�• �Aomh cor�io �nii+h�i iF orJ +h�+ Fho�i m��i ��.�rrr��azrvrr.-rv-r�rrrA�s� ,��a � � rlic�rvi�a��f�+�+inn (lf �Aomhor• � momh�r_��II n�} ho�r��I in ��ihi +� �h�� v rar r r rpar�:i--�-r r rar r r ry un--rTv�-rr ��r �riur momhor hoc o r�orcnn�l r�rnfoccinn�l nr fin�nni�l in�oroo� �� , , . �`�—�Npi'r .�tFGi-Y�C�� r��rccr.sv rarfrc.� �'! h�i o r!cr+i c i�.�� (�n�Tri n i�I n�-�nvcr`��cc-�v�vracr �c�� (''n�mholl�� r�iirh� ��I �n �ho �Aor+h�nir+ol �rirJ ..y.,� Dli imhinn (''nrlo Rn�rr! nrn�iirlorl�+�pp�li��ri fn��s��orl �� , .��. ..p�p�.� �pq��'�n� �f�or�ho rlo�i t�cnicinn nn�no nr nrrlor�eioc c��e� ..��.� � a--u-rc�� v�v -�vr-vra�.�--vv-cro� ��ri��inr� fnr or�r��qoll h��rl�� im �� Rh�r�io iri�ori� �f e 4ho r�rn�iici�r�c �f�hic (�`�rlo rin nri� fi ill�i �r�r�l�i nr �r� on�ioll�i n�rirl nr ho�4or f�rm nf e r�r�nc+ri�n+i�r� ic nr�r��co� I-I I imi+�+innc (lr� �i��hnri�v /Rn�rrl Dn�eiorc\• 'I Tho hn�riJ hoc �ho fnlln�eiinn r�n�eiorc iJi�+ioc �rirl rocnnr�cihili�ioc• . � � . o. Tri orl�iico ��i��i��nil ��c��Gql onrl DI��mhir�n (`nrlo ror-�i ilo�inr�c or�r! r�r�norl�iroc �� n o n n��r�r�aer�i c i��? �'^�va�vfTr� +�i-vr 4ho (�'nrJo �ffi�iol�c r�ocir-�noo r T� r�rr��iirJo f��poc�nohlo in�orr�r��AVGh��cal�a .�.N� Dli imhirir� (�`�iJo 4ho rorvi iiromori�o �,f+hi� (`�,rlo . � e e • � 1 IY��YI �--�07YIY1lY' �T��rj�sr� ro }`rhr� hr��cmh�Il�F�r� � r��ihlin �r�� in ��,mr�li�nGc .��y .�.�� .�.�.�.a.. �n�i+h +ho r�r��iici�nc .,f+ho I��ei� (lrion nAoo+ir�rvc I ��ni �rhi�ppCtY�n��#h�v��TpqKCCon+�Fi�io �h`+��nfi � I �r�rl �n�i �h.�.�.., e e �i.�z�PTvE� 'I DrnnorJi iroc• Tho hn�rrJ choll orinr��nrJ m�l�o o�ioilohlo+n�ho r��ihlir��hrni irrh tr}�d'e,��-��-qY'qF,�llres _uC}��r�� a—�..r�.orinrr �niill h�—n•�•cvnaa,�� y h,�.� 0 monrl�4o +h�+ nnhi rolo�i�n� infnrmo�inn ho ronoi�ior-I n� . ��li�nn�m: Cni�r /�l l mo�mh��s ��t ni�nr��m fnr ��}r�c in�nofr hi iciriocc Tho �ffirm��i�io �in�o nf � m�inri+�i nf�ho momhorc r�rocori� �riiJ �in+inn ic AU��TJrTTI nonocc�r�i fnr�ho �rinn�inr� nf�n�i mn�inri nr rocnl�i�inri `2 ��4onrlor��or�}h� hn�r�J ch o+�onrl ��nin_ �hirrdc /��1 nf .��rcrTaui� �rr�.�varcr.m crrc�a � �. e 9 rr�i�? f�r �h o h n o rr! �T�r'�.��y-ivur�r��liii.�rY'i��mrr��crvc �� 4, nAini i�• Th��'�rlo �i�q�ll filo �nii+h ��(�'i��i (�`��ir�nil o nnr��i .,f +ho �vrmu �� .�va� T u�rc�v-rrr� vr�y—vvur rcrrc�cvpy--cT�rr-r�. e e tQtCY �. Dr�li c• �II orlminic�ro orc�nr��an �ri�r� h�i�iv��-�i onrd ��rrEF��a�--Qarrnrrrscra��c.�vrnT � c �y�avg �ncr r�rnni iremon+ r��linioc r,f+ho (`i+�� choll `v��iorri �ho h�oriJ ir� i�c �rioro�i�nc v�Ta�..Tmr��i�To (�'i+�i�n��n�il m",��}��imA�rcrv��i�co i�n�ri �eiritt�r rirrTrTa� i+horr�oc orirl of�or o ri�ihlin hoorinry ovnoorJ riino��i /Q(11 �Jovc ho�i�nrJ �ho �Jo+o "f+ho orir�ool �A Rr,or�J I'l� ' �5�� irm mr�rJifii �r e e e e ro�iorco �ho �onioi�n r,f+ho (`.,rJo �ffiniol ho fi�rnichorJ �� ho oririollon� �r�rl r�l�no� in �ho h�orrl�o ron�r�o 4ho rJonici�n �,f+ho hr�ori-1 D ('.,��r+ D�Fp\A/' DY'1\/�oro�i.�r�rCtlY�ra. ��v�nv}�r�r ho �r�r��uT� ��v:i--�rr� � .� r.� 4ho filir�r� .,f+ho rlonic�i�n in �ho �ffino l,f+ho (`.,.-lo �ffini�l �_ _ �ic�,_�f �`nfno��on�o�+lc��f_n i�v�r�_gttF�ro /�nihpr �h�n imminon��_aqng� .��.� � }ho /�r�r�o�lo R��rrJ � . STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 10.02 Su scribed .6 before me, a Notary juic in and for Dubuque County, Iowa, this 1Ith day of December, 2020 904,� 4< Poie Nota Public in and for Dubu ue County, Iowa. mrmission Number 19-91559 Fw;77�51�:_ i�t1y Cmmrn, Exp, DEC 11, 202,2 -'IN t Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 46-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE, SECTION 14-1F-4 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1F-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-11-4: MECHANICAL CODE REVIEW AND APPEALS: SEE 14-1A-6 Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the I Ith day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 47-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE, SECTION 14-1 G-2 FUEL GAS CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 G-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 G-2: FUEL GAS CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fuel Gas Code, 2018 edition, adopted in section 14-1 G-1 of this article to read as follows: Section 108.2 amended to read: Notice Of Violation. The code official shall serve a notice of violation or order to the - -- - - --- - person --responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Sections 109.1 through 109.7 replaced with city of Dubuque code of ordinances section 14-1 A-6. Section 202 General Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Sections 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with the following: The test pressure to be used shall be 15 psi for 15 minutes with a 30 psi gauge maximum one pound increments on all natural and LP fuel gas piping systems of 2 psi or less. For fuel piping systems greater than 2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi gauge maximum 2 pound increments. Appendix A - Adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Do not adopt Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. P. At/ Roy D. uol, Mayor Attest: Adrienne Breitfelder, City Cle EFFECT OF AMENDMENT 14-1 G-2: FUEL GAS CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fuel Gas Code, 2018 edition, adopted in section 14-1 G-1 of this article to read as follows: Section 108.2 amended to read: Notice Of Violation. The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Sections 109.1 through 109.7 replaced with city of Dubuque code of ordinances section �^-�14-1 A-6. Section 202 General Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Sections 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with the following: The test pressure to be used shall be 15 psi for 15 minutes with a 30 psi gauge maximum one pound increments on all natural and LP fuel gas piping systems of 2 psi or less. For fuel piping systems greater than 2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi gauge maximum 2 pound increments. Appendix A - Adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Do not adopt STATE OF IOWA SS: DUBU(UE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 30.52 r Subscribed to 'before me, a Notary Pubh"v in and for Dubuque County, Iowa, this 1 Ith day of December, 2020 qs'� 7�� a - Notaruublic in and for DubuqJ County, Iowa. JANET K. PAPE C®'mmmis.sdo,n Number 199069 my Comm. E.xp, aEC 11, 202:2 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 47-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE, SECTION 14-1G-2 FUEL GAS CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1G-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-lG-2: FUEL GAS CODE AMENDMENTS: The following additions, deletions, modifications, or amend-ments of the International Fuel Gas Code, 2018 edition, adopted in section 14-1G-1 of this article to read as follows: Section 108.2 amended to read: Notice Of Violation. The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Sections 109.1 through 109.7 replaced with city of Dubuque code of ordinances section 14-1A-6. Section 202 General Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Sections 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with the following: The test pressure to be used shall be 15 psi for 15 minutes with a 30 psi gauge maximum one pound increments on all natural and LP fuel gas piping systems of 2 psi or less. For fuel piping systems greater than 2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi gauge maximum 2 pound increments. Appendix A - Adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Do not adopt Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1lth day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 48-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE, SECTION 14-1H-7 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 H-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 H-7: PLUMBING CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. Attest: Adrienne Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1 H-7: nn�ruo�iiroi o�in PLUMBING CODE�BREVIEW AND APPEALS: SEE 14-1 A-6. � Rn�rrJ (''ro��or!• Ir� nrrlor �n ho�r �r�rJ rle��j nf rirrJ�S rJoricinr�c � . �uc�a�rrvrcrc�cv—rTcc�--crr��r �rvrcr ��c�rvna� e • hr�lrl nffino �� i�c r�lo�c�iro e � como m�nr�or �c nrininol or�r�niri�mon�c ��Q��tit7�� o T�ni� /'�\ o+ lorrvo momhorc• . � h. Ci�io /�.\ mo�mh� np�a ih�nq��Ss minim�im �f�no /'I\ nf+ho f�ll��niiri`v .�,.. ..,., r,.� rppLLl��{�S. m i ri i m�i m r�f fi�io /�.��5� �n in��F��r�c��ttil: .�.�. �� e e e �nmhirio+i�n �horo�f r� �Aomhorc mi�c+ ho oir�h�oon /'I S2\ �ioorc �f o`vo r�r �Irlor �o�. 1 '�.7a i��E�GYi� �r�c.�T�}Gtt�ti-F1..�7v�r�+ra—nT��.r[ e � � f�ll��niinrr �ho �r�ri�in�mon� r�r ro�r�r��in+mon� j''h��an oo +� � c�or�io o �orm �f �no /'I\ �i�qo (`�rJo �ffini�l io t�G�Co r�i �f r�ccr �cn-vc-crz c-wc�vi�-r�ur-r.r c� }«v h��rrl. Tho h��rrJ m�ic�� fill � �i� +�nn�i �m�nrr i�c��T�+�S f��T m��aor ��c r�ffinor�c i inovr�iro�J �orm . . � ��c�rvi�a��f�+��_�f_�o omhor• 4 momh�r_Sh�ll nn+ h �n �r�r�o�l ir� �eihi +� }h�} ar r r rvar�:i--�-r r rar r r-ry �+rr-r-rvL-�� -r �rra c momhor hoc o r�orcnn�l r�rnfoccinn�l nr fin�nni�l in�oroo� �� , , . �`�—�Npi'r .�tFGi-Y�C�� r��rci.�vr�rurfrc.� �'! h�i � r!cr+i c i�.�� (�n�Tri n i�I n�ui-v�nvcr`��cc-�v�vracr iv.cr�a�Ct!-tYt-FtYe�t�Fli�� ('`n�va�.crn�I I h��io �h� r��—aF�ca�«Lttl.�vi�cnunica�r-a r�ra Dli imhinn (''nrlo Rn�rr! nrn�iirlorl�+�on�lri��ri fn��s��orl �� ipq��'�n��or�h��t�cnici��n��no nr nrrlor�eioc cor�ior! ••"•1 \ ��ri��inr� fnr or�r��qoll h��prl��nloim +h�+ +ho �r�io ir��on� nf e 4ho r�rn�iici�r�c �f�hic (�`�rlo rin nri� fi ill�i �r�r�l�i nr �r� on�ioll�i n�rirl nr ho�4or f�rm nf e r�r�nc+ri�n+i�r� ic nr�r��co� I-I I imi+�+innc (lr� �i i�hr�ri��i /Rn�rrl Dn�niorcl• 'I Tho hn�riJ hoc �ho fnlln�eiinn r�n�eiorc iJi�+ioc �rirl rocnnr�cihili�ioc• . � � . o. 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('��inio�� 4ho (�'nrJo �ffiniol�c �ocir�noo r T� r�rr��iirJo f��poc�nohlo in�orr�r��AVGh��cal�a .�.N� Dli imhirir� (�`�iJo 4ho rorvi iiromori�o �,f+hi� (`�,rlo . � e e • � 1 IY��YI �--�07YIY1lY' �T��rj�sr� ro �� h��ll��cnr�}«v r��ihlin �nrJ in r��mnli�nGc .��y .�.�� h.��..�. �n�i+h +ho r�r��iici�nc .,f+ho I��ei� (lrion nAoo+ir�rvc I ��ni �rhi��--'�ppCtY�n��#h�v��TpqKCCon+�Fi�io �h`+�.�C-viiT � I �r�rl �n�i ,h.�.,.., e e �i.�z�PTvE� 'I DrnnorJi iroc• Tho hn�rrJ choll orinr��nrJ m�l�o o�ioilohlo+n�ho r��ihlir��hrni irrh tr}�d'e,��-��-qY'qF,�llres _uC}��r�� a_ �..r�.orinrr �niill hc_r•ncvnaa,��=Th� y h,�.� r monrl�4o +h�+ nnhi rolo�i�n� infnrmo�inn ho ronoi�ior-I n� . ��li�nn�m: Cni�r /�l l mo�mh��s ��t ni�nr��m fnr ��}r�c}'n� hi iciriocc Tho �ffirm��i�io �in�o nf � m�inri+�i nf�ho momhorc r�rocori� �riiJ �in+inn ic AU��TJrTTI nonocc�r�i fnr�ho �rinn�inr� nf �n�i mn�inri nr rocnli��inn `2 ��4onrlor��or�}h� hn�r�J ch o+�onrl ��nin_ �hirrdc /��1 nf .��rcrTaui� �rr�.�varcr.m crrc�a � �. e 9rr�i�? f�r �ho hn�rr! �Tcr��prirl +n �ho ��i��m��mh�o�h�c �� 4�A�es�„�'��e#'T�ial-sb�� f,-�„-- '��t�t�r�+t.,�-=��^��^�� , , I a�e� �. Dr�li c• �II orlminic�ro�i�io riorc�nr�ol on �ri�r� h�i�iv��-�i onrd ��rrEF��a�vmrrn�crcr��cr.rvn-iTc�ac ��avg �ncr C. C?r�mr��rol• Tho (�'i+�i(�`n��nnil mo�i r omhor f�r�i�co i�n�ri �eiri��n v�Ta.T�vv-u�rn c�rrrrrcr�r��}�rrtA�rivr i+horr�oc orirl of�or o ri�ihlin hoorinry ovnoorJ riino��i /Q(11 �Jovc ho�ir�nrJ �ho �Jo+o "f+ho or�riool �A Rr,or�J I'l� ' �5�� irm mr�rJifii �r e e e e ro�iorco �ho �onioi�n r,f+ho ('r,rJo r�ffiniol ho fi�rnichorJ �� ho oririollon� �r�rl r�l�no� in �ho h�orrl�o ron�r�o 4ho i-lonici�n �,f+ho h��r`J D ('.,��r+ D�F� r�o ro�i.�r�rCt1Y�ra. ��v�nv}�r�r h o �r�r��uT� .�.. , .�.� r. � .� r.� 4ho filir�r� .,f+ho rlonic�i�n in �ho �ffino l,f+ho (`.,.-lo �ffini�l �_ _ �ic�,_�f �`nfno��on�o�+lc��f_n i�v�r�_gttF�ro /�nihpr �h�n imminon��_aqng� .��.� � }ho /�r�r�o�lo R��rrJ � . STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 10.02 Subscribed to efore me, a Notary Public in and for Dubuque County, Iowa, this 1Ith day of December, 2020 +� pf-,� Not tp blic in and for D'ubuqut County, Iowa. JAf'i K. Pr Corromnis• 1on �dufnbb� r 199fi69 h COMM- E.xp, aEC 11, 20�2:2 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 48-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE, SECTION 14-1H-7 MECHANICAL AND PLUMBING CODE BOARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1H-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-11-1-7: PLUMBING CODE REVIEW AND APPEALS: SEE 14-1A-6. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1lth day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 49-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1, Article I is amended by repealing Section 14-11-7 Supplemental Membership on Building Code and Advisory Appeals Board. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. r� Roy D. ol, Mayor Attest: www�wv s 446=1-- Adrienne Breitfelder, City derk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is 9.32 Subscribed 'td before me, a Notary Public in and for Dubuque County, Iowa, this l lth day of December, 2020 No ublic in and for Dubuq& County, Iowa. JAN.ET K. PAPE �C0mnlSsieRcimer 99P59 E1 CommxPC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 49-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1, Article I is amended by repealing Section 14-lI-7 Supplemental Membership on Building Code and Advisory Appeals Board. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1Ith day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 50-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-7 HOUSING BOARD OF APPEALS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-7: HOUSING APPEALS AND MEDIATION BOARD: A. Board Created: There is hereby created the Housing Appeals and Mediation Board. B. Purpose: The purpose of the board is to hear appeals relative to repair deadlines and nuisance abatement orders, decisions, or determinations made by the code official and landlord/tenant disputes regarding property access, nuisance abatement and rent abatementdue to -the -failure -of the responsible -party -to -correct city code violations in a - timely manner. C. Internal Organization and Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises five (5) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special experience and training qualifications: The housing appeals and mediation board shall be comprised of residents with an interest in fair and equitable housing with emphasis on balance of landlords, tenants and other interested citizens. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The code official or the code official's designee is the secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. The board shall meet upon notice from the chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal or a request for mediation, at stated periodic meetings, or at the written request of a majority of the members. 2. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 3. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (1) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 4. Quorum: Three (3) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: The city council may remove any member for cause upon written charges and after a public hearing. M. Powers: 1. Repair Timeline Appeals: a. An appeal of repair deadlines shall be based on a claim that specific code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall evaluate whether the violations can be corrected in the time frame prescribed by the inspector. The board may uphold the timeframe prescribed by the inspector or grant an extension of time not to exceed nine (9) months from the date of the notice of violation. b. In no event shall the board have the authority to amend the violation as determined by the inspector or wave requirements of this code. 2. Nuisance Abatement: a. An appeal of a nuisance abatement order shall be based on the claim that the true intent of Title 6, Chapter 4 and 8 related to rubbish and garbage have not been correctly interpreted or the provisions don't fully apply. The board may uphold the finding of a nuisance and ordered abatement, modify the deadline for nuisance abatement, or reverse the nuisance designation based on determination that the condition is not a violation of the code. b. In no event shall the board have the authority to waive the requirements of this code. 3. Mediation: a. An application for mediation shall be based on the claim that either the landlord or tenant have failed to fulfill their duties as required by the lease between the parties, the lowa Code, or the city code. b. The City will work directly with magistrates within the lowa District Court in and for Dubuque County to best serve the needs of the involved parties and encourage building positive landlord tenant relationships for the betterment of the community during an eviction proceeding. c. The board will hear all issues related to the requested mediation, ask questions necessary to develop a full understanding of the issues, guide participants to develop mutually agreeable solutions, and assist in recording binding written agreements between the parties. Failure to resolve issues in mediation will result in a referral to the appropriate jurisdictional authority (court) along with a copy of the mediation record and any exhibits or evidence provided by parties of the mediation. 4. All appeal hearings shall be conducted in accordance with the procedures specified in this Code. N. Application For Appeal: 1. Any person affected by a nuisance abatement order or repair timeline decision of the code official shall have the right to appeal to the housing appeals and mediation board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served and prior to the deadline on the notice. 2. An application for appeal shall dispute the timeline necessary to complete repair or the designation of a condition as a nuisance. O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. Postponed Hearing: Either the City, the party appealing, or a mediation participant may request a postponement of a proceeding subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7t" day of December 2020. Roy D uol, Mayor Attest: ak Adrienne Breitfelder, City Clerk EFFECT OF AMENDMENT � 14-1J-7: HOUSING RnoQn n� APPEALS AND MEDIATION BOARD: A. Board Created: '�a�te--k��r �n�' �'��I{�--a-��ea�s ^�a�S�rcric��?�� e • �2There is herebv created the Housinq Appeals and Mediation Board. B. Purpose: The purpose of the board is to hear appeals relative to repair deadlines and nuisance abatement orders, decisions, or determinations made by the code official and landlord/tenant disputes reqardinq property access, nuisance abatement and rent abatement due to the failure of the responsible party to correct city code violations in a timelv manner. C. Internal Orqanization and Rules: The board mav adopt rules and regulations to qovern its organizational procedures as mav be necessary and which are not in conflict with this code or the lowa Code. D. Procedures for Operation: All administrative, personnel, accountinq, budgetarv, and procurement policies of the city govern the board in all its operations. E�. Membership: 1. The �}6k�Slfl�board ^f�^^��'c �^,�" h� compriseds e�five (5) residents of the cityl appointed by the city council. f��t�rmc „f +hr�� ;T��T � - nh4oin ror�rocon��i�n �f h��h �onor�+c �nlJ I�n�I�r�c 2. Residents must be eighteen (18�years of aae or older. 3. Special experience and training qualifications: The housinq appeals and mediation board shall be comprised of residents with an interest in fair and equitable housing with emphasis on balance of landlords, tenants and other interested citizens. � FS. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. � H. Vacancies: Vacancies must be filled in the same manner as oriqinal appointments. 19. Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The code official or the code official's desiqnee is the secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetinqs: 1. The board shall meet upon notice from the chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal or a request for mediation, at stated periodic meetinqs, or at the written request of a maiority of the members. 2. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetinqs of the board, without beinq excused bv the chairperson, such absence will be grounds for the board to recommend to the citv council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 3. Minutes: A copv of the minutes of all regular and special meetinqs of the board must be filed with the citv council within ten (1 working days after each meeting, or bv the next reqularlv scheduled city council meetinq, whichever is later. 4. Quorum: Three (3) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. � K€. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: The city council mav remove any member for cause upon written charges and after a public hearinq. ��crtii�cjaQi�f� .� ' �A�i�iiiv�:/Y-r71@r71�er-S�l�llt+rr-�'�r i-h��r�a�-aii—app�I ica�rii-�vii�� t momhor hoc o r�orcnn�l r�rnfoccinn�l nr fin�nni�l in�oroc� �� , , . M. Powers: 1. Repair Timeline Appeals: a. An appeal of repair deadlines shall be based on a claim that specific code violations cannot be corrected in the timeframe prescribed bv the inspector. The board shall evaluate whether the violations can be corrected in the time frame prescribed by the inspector. The board may uphold the timeframe prescribed by the inspector or qrant an extension of time not to exceed nine (9) months from the date of the notice of violation. b. In no event shall the board have the authority to amend the violation as determined bv the inspector or wave requirements of this code. 2. Nuisance Abatement: a. An appeal of a nuisance abatement order shall be based on the claim that the true intent of Title 6, Chapter 4 and 8 related to rubbish and qarbaqe have not been correctly interpreted or the provisions don't fully apply. The board may uphold the findinq of a nuisance and ordered abatement, modify the deadline for nuisance abatement, or reverse the nuisance desiqnation based on determination that the condition is not a violation of the code. b. In no event shall the board have the authoritv to waive the requirements of this code. 3. Mediation: a. An application for mediation shall be based on the claim that either the landlord or tenant have failed to fulfill their duties as required bv the lease between the parties, the lowa Code, or the city code. b. The City will work directiv with magistrates within the lowa District Court in and for Dubuque County to best serve the needs of the involved parties and encouraqe buildinq positive landlord tenant relationships for the betterment of the community durinq an eviction proceeding. c. The board will hear all issues related to the requested mediation, ask questions necessary to develop a full understanding of the issues, guide participants to develop mutually agreeable solutions, and assist in recording binding written agreements between the parties. Failure to resolve issues in mediation will result in a referral to the appropriate jurisdictional authority (court) alonq with a copv of the mediation record and anv exhibits or evidence provided by parties of the mediation. 4. All appeal hearings shall be conducted in accordance with the procedures specified in this Code. N�. Application For Appeal: 1. Any person affected by a ��^�c�^^ nf+ho „�,�o „�,,.,�� „r � n„+,,,o �rnuisance abatement order or repair timeline decision of the code official �� ^��r +";� Eed�shall have the right to appeal to the housing appeals and mediation board�# '"�, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served and prior to the deadline on the notice. 2. An application for appeal shall dispute the timeline necessary to complete repair or the desiqnation of a condition as a nuisanceho h��o,� ^n � ��;m +ho+ +ho +�i io ir�+or�+ �f �hic r!o nr }h� ri iloc loivoll�i �rinr��or! �� Qor h��c�� uc�mcr�rrr� .�crc-v��Tr�.�urcv�r ccc� m��}I��ornr�� r�rri�iicir�ric n� �noqo rd� nri� fi ill�i or�r�l�i nr +hi� .�,r„ rorYi iiromor��c �f�hic nnrdo oro �rdorYi io�olv cofiofie.J h�� n�hor moonc I-I I imi��+innc (ln �i��hnri�v /Rn�rrJ Dn�.�orc\• �To hnorrJ hoc t�� f�ll��niiniv r�n�eior��S �nrl rocnnncihili+ioc. e e o T� olJ�iico 4ho (�'i+�i(�'ni�nnil �n oll nr�r�or��i moin�or�or�no mo++orc i�ri�or 4ho r�i ir�iio�ni "f+ho I-I��icinn onr�I ('�mmi ini��i I-lo�ielnr�mon� I-lonor�mor�� ericir�r�c .,f+ho ('n.Jo �ffi�� r Tr� r�r��iirlo f�r rooc�nohlo in�pXqX�� Dr�ripr__{�.[ .�,r�, �,��y �ATVTa mi�GG--��vrY'r-"�'m'u��i.r�cnL�c�rr��G tltl--�+�rhr� I-I��i c i n n o n rJ (�'rimmi irii+�i I�lo�iol�r�mon� I-lorior�mont Tho I-Ini�cirir� R�or� �f Oririoolc rl�oc nr�� ho�io +h�c� ri��i �eioi�io � rorvi iiromori+c "f+h7o (`�,rlo . , e e • � I IY��YI �--�07YIY1/Y' �T��rj�� ro ��hv h��ll��n +� Fho r��ihlin �nrl ir� n��Gc .�,,.,,,,y ��+h +ho r�r��iici�nc �,f+ho Ir��ei� (lr�on �Aoo+ir�r�c I ��ni `� Tho �r�r�oll�r�+ +h� �rir�� r rocon��+�i�io �h�l�' rJo �ffi�i�l �nr! �n�i z�T'�-aPFcnunr-cn`'—crPF T�'�.s � .�C3ati--v-rTT�'�^cr-aT rY r�orcnr� �nih�oo in�oroo�o oro offon�oi-! ch�ll ho r�i�ion �n �r�r��r��ini��i �� ho ho�ri-! l.� I-lo�rir„v DrnnorJi�ro• tttl.:d�i�a�..-i��r�_.�q��CtYd'Y�J�-�u�iri��vv�"rh7��iiii--�� ri��n�iv-ri��cv�aFitCtA�Y�� ..�y h. pTvF.Cd-GYC��Ilarr-nvrT"M""'" r+n�no �ni�TrGti-dtc��C-tlt��}�'�c�.ri�u��r� e m�rirJo4o +h�� nril�i rolo�i�ri+ infnrm��inr� ho ror+oi�iorJ ��li�nn�m: Thro�j��h��s n��to � ni�nr��m fnr ��}r�c in�T hi iciriocc Tho �ffirmo��o nf��ri��m�� oc��ri��n�� AU�SJ�TILZITfTI-fTfA nonoccor�i f�r�ho �rl�n�inr� nf�n�i mn�irin r�r rocnli�+i�r� �.�°Tt�e��r�ee:-M�be�-a�t#� h„��",��Rer��t�e,a��t�v9-�i��}-e# , rtrni irirlc fnr � hnorrJ }� �p�.^yy�yy�onrl �n �ho (�`''} m�mhor ho 9�vUTrav�v� �7varc�tt�1-G4VTf�1� �f1 �TTrrl7cr-pC �� 4�A��i��i ��n��I I fi�v�-�rli-�tttl.�l��vr�orcr��v��py-c�}crhr� mo� �. Dnli c• 011 orJminic+ro�o ri�rc�nriol onnni iri�r� hi ilJiv + �i ��rr��a�cm�rrrrsrra ��.�vrn�c�accv a-rr c�aag�t�� r�rnni iromori+ r��linioc .,f+ho !''i+�� choll r�r��iorri +ho h�or� in itc �rioro�ir�nc C. C?�mr��iol: �n � oc nr��ii�o� in ci ihcon}i^� nf �hic con��r�� v�T�.�-r rv-vu� c�r-cr��rv-v�ac.�a�.rcc �rzrn��cc � ('rii ir�nil mo�i rom��io on�i momhor f�r rvr��rl noi�co O. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P�. Postponed Hearing: Either the Cityl ��P;�'�ithe partv appealing, or a mediation participant may request a postponement of a h��proceeding subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. nn Q.,�r.� n� • E�S� � , 'I /�ffirm 4ho rlonici�n "f+ho (`r�rlo r�ffini�l• . , `� C7o�iorco 4ho rJonici�n "f+ho (`r�rlo �ffini�l• nr . , � �Ar,rl�f.. 4ho rJonici�n "f+ho ('"rlo nffini�l• �. . � �AnrJ�f��4in7�on_of_�o�r-Ili��n�• Tho I-Ini icinrr Rn�rrJ nf Or�r�e��_� �� i nn� ��.�� .��.� �r�r�rn�io on ov+oncinn nf o r-lo�r-Ilino �nihir�h ovnoorlc nino /Q1 mnn+hc frnm�ho o��orJ mi�c+ ho in �niri�inrr �nr! nn filo in �ho I-Ini icinrr �nr! (�nmmi�r�i+�i flo�iol�r�mon+ Plor»r�mon� v . h �Anrlifi�}inn Tn �Iln�ei \/oriori��`�+}inn�Qor�� o ��Gc �niill ho nr�n�orJ mi ic� ho iri �eiri�irin �rirJ nri filo in �ho I-In��cir�n �r�rJ (�`nmm�ini��i flo�iolnr�mon+ flon�r�mor�� ho fi irr�ichorl t� tho orir�ollon� ori�J r�l�nerl ir� (�i+�i ronnrrdc 4ho rlonici�n "f+ho hri�rrl . . e e �ho filirin .,f+ho rdonicinri iri �ho nffino nf+ho ('n�Jo �ffini�l STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Io-wa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the charge is. 86.91 C Subscribed td before me, a Notary Pub c in and for Dubuque County, Iowa, this I Ith day of December, 2020 Notao #ublic in and for Dubuque County, Iowa. JA M ET K. PAPE + = Comrmim.eion Number 199559 r INly Comm. E.xp, DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 50-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-7 HOUSING BOARD OF APPEALS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-lJ-7: HOUSING APPEALS AND MEDIATION BOARD: A. "Board Created: There is hereby created the Housing Appeals and Mediation Board. B. "Purpose: The purpose of the board is to hear appeals relative to repair deadlines and nuisance abatement orders, decisions, or determinations made by the code official and landlord/tenant disputes regarding property access, nuisance abatement and rent abatement due to the failure of the responsible party to correct city code violations in a timely manner. C. "Internal Organization and Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. "Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. "Membership: 1. "The board comprises five (5) residents of the city, appointed by the city council. 2."Residents must be eighteen (18) years of age or older. 3."Special experience and training qualifications: The housing appeals and mediation board shall be comprised of residents with an interest in fair and equitable housing with emphasis on balance of landlords, tenants and other interested citizens. F. "Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. G. "Terms: The term of office for members of the board is three (3) years or until such members successor is appointed and qualified. H. "Vacancies: Vacancies must be filled in the same manner as original appointments. I. "Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The code official or the code official's designee is the secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. "Meetings: 1. "The board shall meet upon notice from the chairman, within not less than ten (1) days and not more than ninety (90) days of the filing of an appeal or a request for mediation, at stated periodic meetings, or at the written request of a majority of the members. 2. "Attendance: a. "In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. "Attendance must be entered upon the minutes of all meetings. 3. "Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (1) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 4. "Quorum: Three (3) members of the board must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. "Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. "Removal: The city council may remove any member for cause upon written charges and after a public hearing. M. "Powers: 1. "Repair Timeline Appeals: a. "An appeal of repair deadlines shall be based on a claim that specific code violations cannot be corrected in the timeframe prescribed by the inspector. The board shall evaluate whether the violations can be corrected in the time frame prescribed by the inspector. The board may uphold the timeframe prescribed by the inspector or grant an extension of time not to exceed nine (9) months from the date of the notice of violation. b. "In no event shall the board have the authority to amend the violation as determined by the inspector or wave requirements of this code. 2. "Nuisance Abatement: a. "An appeal of a nuisance abatement order shall be based on the claim that the true intent of Title 6, Chapter 4 and 8 related to rubbish and garbage have not been correctly interpreted or the provisions dont fully apply. The board may uphold the finding of a nuisance and ordered abatement, modify the deadline for nuisance abatement, or reverse the nuisance designation based on determination that the condition is not a violation of the code. b. "In no event shall the board have the authority to waive the requirements of this code. 3. "Mediation: a. "An application for mediation shall be based on the claim that either the landlord or tenant have failed to fulfill their duties as required by the lease between the parties, the Iowa Code, or the city code. b. "The City will work directly with magistrates within the Iowa District Court in and for Dubuque County to best serve the needs of the involved parties and encourage building positive landlord tenant relationships for the betterment of the community during an eviction proceeding. c. "The board will hear all issues related to the requested mediation, ask questions necessary to develop a full understanding of the issues, guide participants to develop mutually agreeable solutions, and assist in recording binding written agreements between the parties. Failure to resolve issues in mediation will result in a referral to the appropriate jurisdictional authority (court) along with a copy of the mediation record and any exhibits or evidence provided by parties of the mediation. 4. "All appeal hearings shall be conducted in accordance with the procedures specified in this Code. N. "Application For Appeal: 1. "Any person affected by a nuisance abatement order or repair timeline decision of the code official shall have the right to appeal to the housing appeals and mediation board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served and prior to the deadline on the notice. 2. "An application for appeal shall dispute the timeline necessary to complete repair or the designation of a condition as a nuisance. O. "Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. P. "Postponed Hearing: Either the City, the party appealing, or a mediation participant may request a postponement of a proceeding subject to the approval of the Code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1lth day of December 2020. /s/Adrienne N. Breitfelder, City Clerk It 12/11 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 51-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EXISTING BUILDING CODE, SECTION 14-1 K-2 INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 K-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2018 edition, adopted in section 14-1 K-1 of this article to read as follows: Section 101.1 Title. Insert: City of Dubuque Section 112 Board of Appeals. Replace with: See 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: Section 505.3 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: Section 702.5 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020. d�- X, / Roy D. Kol, Mayor Attest: Al Adrienne Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2018 edition, adopted in section 14-1 K-1 of this article to read as follows: Section 101.1 Title. Insert: City of Dubuque Section 112 Board of Appeals. Replace with: See 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: Section 505.3 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: Section 702.5 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/11/2020 and for which the, charge is 36.58 -n - . Subscribed to Vefore me, a Notary ublic in and for Dubuque County, Iowa, this 1lth day of December, 2020 Notar&blic in and for Dubuqu County, Iowa. tt-' = Ce,rmrmissim Number 199659 my Cornni. Exp, DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 51-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EXISTING BUILDING CODE, SECTION 14-lK-2 INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1K-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-lK-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2018 edition, adopted in section 14-1K-1 of this article to read as follows: Section 10 1. 1 Title. Insert: City of Dubuque Section 112 Board of Appeals. Replace with: See 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: Section 505.3 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. "The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: Section 702.5 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. "The replacement window is the manufacturer's largest size window that will fit within the existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of December 2020.