Proposed Ordinance Amendment for Vacant/Abandoned BuildingsCity of Dubuque
City Council Meeting
Action Items # 4.
Copyrighted
December 20, 2021
ITEM TITLE: Proposed Ordinance Amendment for Vacant/Abandoned Buildings
SUMMARY: City Manager recommending the City Council adopt proposed Ordinance
amendments for vacant/abandoned buildings to make processes and
procedures more efficient and user friendly.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter Licensing of Vacant and/or
Abandoned Buildings
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Vacant -Abandoned Building Proposed Ordinance City Manager Memo
Amendments-MVM Memo
Staff Memo Staff Memo
Ordinance Amending 14-4 Ordinance
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance Amendment for Vacant/Abandoned Buildings
DATE: December 15, 2021
Housing and Community Development Department Director Alexis Steger recommends
the City Council adopt proposed Ordinance amendments for vacant/abandoned
buildings to make processes and procedures more efficient and user friendly.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: December 14, 2021
RE: Proposed Ordinance Amendments for Vacant/Abandoned Buildings
BACKGROUND
The City of Dubuque adopted Chapter 4 of Title 14 that governs the licensing of
vacant/abandoned buildings. This ordinance has been reviewed by staff and
amendments are being proposed to make the process more efficient and to meet stated
City Council Goals and Priorities.
DISCUSSION
City staff reviews adopted ordinances on a regular basis, evaluating those
ordinances for equity, intended outcomes, efficient practices and use of resources,
and the ability for residents to understand how they may be affected. Title 14
Chapter 4 was up for review prior to COVID, and has been identified as an
ordinance that needs a timely update to improve burdensome processes for staff
and residents.
After a thorough review, the following changes are being proposed;
Efficient and User Friendly Licensing Practices
The vacant/abandoned building ordinance passed by City Council requires all
licensing of such buildings on January 1st of each year; however, payment is not
considered late until after March 31st which is confusing to building owners. This
provision also requires those attaining a license mid -year to prorate the year and
then pay again at the beginning of the year. This creates an administrative burden
for staff and for residents. The proposed amendment allows an application for a 12-
month license at any time during the year and the renewal of that license would be
due 12-months after the license is issued.
The penalty for failure to renew a license section of the ordinance is also being
amended to reflect a 12-month licensing cycle, instead of a calendar year licensing
cycle.
1
Building Codes Clearly Defined
The current ordinance uses "Building Code" under two different definitions, one
meaning the International Building Code as locally adopted, and one meaning all
codes pertaining to buildings as adopted by the City Council. The proposed
amendment fixes these definition discrepancies.
Water Usage is Further Defined
A vacant building is defined by being unoccupied for a continuous period of time
over twelve (12) months and meets certain criteria listed in the ordinance. One of
the criteria is "Not consuming or using one of more utilities provided by any one or
more of the public utilities". One of these utilities is water. It is often found that
vacant buildings have small water leaks that are not water usage consistent with the
primary or conditional uses allowed for the property. The proposed amendment to
the ordinance adds language that states;
Minimum water usage, not conducive to the primary or
approved conditional uses of the building or portion thereof,
does not constitute water consumption for the purposes of this
chapter.
This amendment allows the code official to evaluate the Water Usage Report to
help determine the vacancy or use of the building.
A Plan and Timeline is Required
The current ordinance requires the owner seeking a vacant/abandoned building
license to provide a period of time the building is expected to remain vacant; and/or
a plan and time table to comply with applicable City codes. The proposed
amendment removes the "and/or" and makes a plan and proposed timeline for
restoration, demolition or sale required. This helps meet the City Council Goals and
Priorities by requiring owners to be involved with their vacant/abandoned property
and plan for getting the building back to its intended use.
Inspections
The current ordinance allows inspection upon request, as well as annual inspection
of the interior and exterior conditions. The current procedure for vacant/abandoned
buildings is to complete a quarterly exterior inspection and an annual full inspection,
which includes the interior of the building. The proposed amendment makes the
procedure more transparent by letting owners know that a quarterly inspection of
the exterior will occur.
Revocation of License
The current revocation of license provisions do not provide an appeal process, nor
a process for notification to an owner that their license will be revoked and why. To
offer owners due process, the proposed ordinance amendments mirrors the
revocation procedures for a rental license. It requires a notice to the owner that a
license will be revoked and provides the reasons why the revocation is taking place.
The proposed language also allows an appeal of the revocation decision to be
heard by the Housing Appeals and Mediation Board.
RECOMMENDATION
I respectfully request City Council adopt the proposed Ordinance amendments
for vacant/abandoned buildings to make processes and procedures more
efficient and user friendly.
cc: Crenna Brumwell, City Attorney
3
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO.47-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED
BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 4 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the Building Code or the
Property Maintenance Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used. Unless otherwise expressly
stated or unless the context clearly indicates a different intent, the following terms shall,
for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an
incomplete exterior shell for six (6) months or longer which meets one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code, International
Building Code, International Residential Code, or International Fire Code adopted
by the City of Dubuque.
BUILDING CODE: The Building Codes promulgated by the International Code Council
and their locally adopted amendments, as adopted in section 14-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the conditions
or defects hereinafter described; provided, that such conditions or defects exist to the
extent that the life, health, property or safety of the public or the occupants of the building
are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide
safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (11/2) times the working stress
or stresses allowed in the Building Code for new buildings of similar structure,
purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the Building Code for new buildings of similar structure,
purpose or location.
E. Whenever any portion or member or appurtenance thereof is found by the
code official to be likely to fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half (1/2) of that specified in the Building Code for new
buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the Building Code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is found by the
code official to be likely to partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause
I. Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of gravity
does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty-three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its non -
supporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to
3) enable persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this City, as specified
in the Building Code or Property Maintenance Code, or of any law or ordinance of
this State or City relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non -supporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire
resisting qualities or characteristics; or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the Health Officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the Fire Marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International Fire Code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence
B. Any attractive nuisance which may prove detrimental to persons whether in
a building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health,
welfare or safety as determined by the City Manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a
hazard by reason of inadequate maintenance, dilapidation or obsolescence or
abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the City
Manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the City Manager.
PROPERTY MAINTENANCE CODE: The City of Dubuque Property Maintenance Code,
as adopted in chapter 1, article J of this title.
RESIDENTIAL CODE: International Residential Code, as adopted by chapter 1, article B
of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or approved conditional
uses designated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the City Manager;
E. Noncompliant with the International Property Maintenance Code;
F. Has Housing, Building, Fire, Health or Zoning Code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any one or more
of the public utilities.
1. For purposes of this chapter, public utilities are defined as water,
natural gas, and electricity.
2. The minimum fee billed for properties having a water meter, stop box,
or service line but not actually using water does not constitute water
consumption for purposes of this chapter.
a. Minimum water usage, not conducive to the primary or
conditional uses of the building or portion thereof, does not constitute
water consumption for purposes of this chapter.
3. Stormwater does not constitute a public utility for purposes of this
chapter.
14-4-3: REGISTRATION:
A. Registration Required: The owner shall register a vacant or abandoned building
with the City Manager not later than thirty (30) calendar days after any building in the City
becomes abandoned or vacant as defined in this chapter. Failure to register an
abandoned or vacant building or providing false information to the City Manager shall be
a violation of this chapter.
B. Information: The registration shall include the following information:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
4. The name of the agent designated to act on the behalf of an out of town
property owner to accept legal processes and notices, and to authorize repairs as
required;
5. The period of time the building is expected to remain vacant; and
6. A plan and proposed timeline for restoration to a code compliant and
occupied status or for the demolition/sale of the building(s).
14-4-5: TERMS OF LICENSES:
A. License Term: Every license issued under this chapter shall expire twelve (12)
months after issuance.
B. Application For Renewal: Upon application, a license may be renewed and remain
effective for successive periods of one year unless sooner revoked at any time by the City
Manager for noncompliance with any applicable provisions of this Code.
C. Transfer: Licenses may be transferred from one person or business to another,
provided notice of the transfer is given in writing within five (5) working days of the
transfer, to the City Manager.
D. Nontransferable From Building To Building: Licenses shall not be transferable from
one building to another.
E. Notify City Of Transfer Or Disposal: Every person or business holding a license
shall give notice in writing to the City Manager within five (5) working days after having
transferred or otherwise disposed of the legal control of the licensed building. Such notice
shall include the name and address of the persons or businesses succeeding to the
ownership or control of such licensed building.
14-4-6: INSPECTIONS:
The owner shall allow inspection of the building by City representatives upon request and
shall allow quarterly inspections of the exterior and annual inspection of the interior of the
premises for the purpose of enforcing and assuring compliance with the provisions of this
chapter and the Property Maintenance, Building, Fire Codes, or other applicable codes
and ordinances.
14-4-7: RENEWAL LICENSES:
The City Manager is hereby authorized to issue and renew vacant or abandoned building
licenses for specific buildings, in the names of the applicant owners, operators or
managers, provided the following criteria are met:
A. Building In Compliance With Regulations: The building for which the license is
sought is warranted by the owner or operator to substantially comply with applicable
provisions of this Code.
B. Application By Owner: The owner or operator legally authorized and responsible
for maintenance of the building forwhich a vacant or abandoned building license is sought
shall first make application therefor on an application provided by the City Manager.
C. Payment Of Fees: All fees required by this Code pursuant to the issuance of a
vacant or abandoned building license are paid in full to the City.
D. Agent Of Owner/Operator: The applicant shall designate a local responsible agent
to represent the owner/operator whenever the said applicant is not available for
maintenance of the building for which a license is sought. Said agent shall have full
authority and responsibility, the same as the owner/operator, for maintaining the building.
14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE
An application for renewal of a vacant or abandoned building license may be made within
sixty (60) days prior to the expiration of an existing operating license.. Each day that the
owner fails to renew an expired license as required by this chapter shall constitute a
separate violation for which a Municipal infraction citation may be issued.
14-4-9: REVOCATION, REINSTATEMENT MEASURES
A. Notice To Licensee: The Code Official shall cause to be issued to the licensee a
notice that the license is revoked, setting forth the reason(s) therefor. The notice shall be
sent by certified United States mail to the licensee at the address on file with
the Inspection and Construction Services Division.
B. Appeal: The licensee may appeal the decision of the City Manager to the Housing
Appeals and Mediation Board. An appeal must be filed, in writing, within twenty (20) days
from the date of the notice of suspension or revocation.
14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned building shall not in any way
signify or imply that the building conforms with the Iowa State Building Code or the
housing, building, zoning, fire ordinances or other codes and ordinances adopted by the
City. The issuance of a license shall not relieve the owner or operator of the responsibility
for compliance with said applicable Property Maintenance, Building, Zoning, Fire or other
applicable codes and ordinances.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 201h day of December, 2021.
,J (�
Roy D. gfuol, Mayor
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the Building Code or the
Property Maintenance Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used. Unless otherwise expressly
stated or unless the context clearly indicates a different intent, the following terms shall,
for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an
incomplete exterior shell for six (6) months or longer which meets one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code, International
Building Code, International Residential Code, or International Fire Code adopted
by the City of Dubuque.
BUILDING CODE: The internatiORal Building Codes promulgated by the International
Code Council and their locally adopted amendments, as adopted in section 14-1A-4 of
this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the conditions
or defects hereinafter described; provided, that such conditions or defects exist to the
extent that the life, health, property or safety of the public or the occupants of the building
are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide
safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (11/2) times the working stress
or stresses allowed in the Building Code for new buildings of similar structure,
purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the Building Code for new buildings of similar structure,
purpose or location.
E. Whenever any portion or member or appurtenance thereof is found by the
code official to be likely to fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half (1/2) of that specified in the Building Code for new
buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the Building Code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is found by the
code official to be likely to partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of gravity
does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows #*ty
threethirty-three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its non_
supporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to
3) enable persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this City, as specified
in the Building Code or Property Maintenance Code, or of any law or ordinance of
this State or City relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non -supporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire
resisting qualities or characteristics; or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the Health Officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the Fire Marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International Fire Code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether in
a building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health,
welfare or safety as determined by the City Manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a
hazard by reason of inadequate maintenance, dilapidation or obsolescence or
abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the City
Manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the City Manager.
PROPERTY MAINTENANCE CODE: The City of Dubuque Property Maintenance Code,
as adopted in chapter 1, article J of this title.
RESIDENTIAL CODE: International Residential Code, as adopted by chapter 1, article B
of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or approved conditional
uses designated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the City Manager;
E. Noncompliant with the International Property Maintenance Code;
F. Has Housing, Building, Fire, Health or Zoning Code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any one or more
of the public utilities.
1. For purposes of this chapter, public utilities are defined as water,
natural gas, and electricity.
2. The minimum fee billed for properties having a water meter, stop box,
or service line but not actually using water does not constitute water
consumption for purposes of this chapter.
a. Minimum water usage, not conducive to the primary or
conditional uses of the building or portion thereof, does not constitute
water consumption for purposes of this chapter.
3. Stormwater does not constitute a public utility for purposes of this
chapter.
14-4-3: REGISTRATION:
A. Registration Required: The owner shall register a vacant or abandoned building
with the City Manager not later than thirty (30) calendar days after any building in the City
becomes abandoned or vacant as defined in this chapter. Failure to register an
abandoned or vacant building or providing false information to the City Manager shall be
a violation of this chapter.
B. Information: The registration shall include the following information:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
4. The name of the agent designated to act on the behalf of an out of town
property owner to accept legal processes and notices, and to authorize repairs as
required; -and
5. The period of time the building is expected to remain vacant; and
6.
-aA plan
and proposed timetableline for restoration to a
code
compliant
and occupied
status or for the demolition/sale of the building(s).
to
Gernpl
i with appliGable City
Gede
14-4-5: TERMS OF LICENSES:
A. License Term: Every license issued under this chapter shall expire twelve (12)
months after issuance.on DeGember 31 of the year in whiGh issued and shah beGemo
G�iTTTVP7TT TSJF�1"fCITT17eF,omc
delinquent on MarGh 31 of the year due.
B. Application For Renewal: Upon application, a license may be renewed and remain
effective for successive periods of one Galendor year unless sooner revoked at any time
by the City Manager for noncompliance with any applicable provisions of this Code.
C. Transfer: Licenses may be transferred from one person or business to another,
provided notice of the transfer is given in writing within five (5) working days of the
transfer, to the City Manager.
D. Nontransferable From Building To Building: Licenses shall not be transferable from
one building to another.
E. Notify City Of Transfer Or Disposal: Every person or business holding a license
shall give notice in writing to the City Manager within five (5) working days after having
transferred or otherwise disposed of the legal control of the licensed building. Such notice
shall include the name and address of the persons or businesses succeeding to the
ownership or control of such licensed building.
14-4-6: INSPECTIONS:
The owner shall allow inspection of the building by City representatives upon request and
shall allow quarterly inspections of the exterior and annual inspection of the interior and
exterior of the premises for the purpose of enforcing and assuring compliance with the
provisions of this chapter and the —Property Maintenancg g, Building., and Fire
Codes. or other apDlicable codes and ordinances.
14-4-7: RENEWAL LICENSES:
The City Manager is hereby authorized to issue and renew vacant or abandoned building
licenses for specific buildings, in the names of the applicant owners, operators or
managers, provided the following criteria are met:
A. Building In Compliance With Regulations: The building for which the license is
sought is warranted by the owner or operator to substantially comply with applicable
provisions of this Code.
B. Application By Owner: The owner or operator legally authorized and responsible
for maintenance of the building for which a vacant or abandoned building license is sought
shall first make application therefor on an application provided by the City Manager.
C. Payment Of Fees: All fees required by this Code pursuant to the issuance of a
vacant or abandoned building license are paid in full to the City.
D. Agent Of Owner/Operator: The applicant shall designate a local responsible agent
to represent the owner/operator whenever the said applicant is not available for
maintenance of the building for which a license is sought. Said agent shall have full
authority and responsibility, the same as the owner/operator, for maintaining the building.
14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE:
An application for renewal of a vacant or abandoned building license may be made within
sixty (60) days prior to the expiration of an existing operating license. AnnliGatinn fnr
may bmade andli%Rse fees paid until Marsh 31 without peRa .,. Each day that the
owner fails to renew an expired license as required by this chapter shall constitute a
separate violation for which a Municipal infraction citation may be issued.
14-4-9: REVOCATION, REINSTATEMENT MEASURES:
W-T.WIN MEAN I 11
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H. Notice To Licensee: The Code Official shall cause to be issued to the licensee a
notice that the license is revoked, setting forth the reason(s) therefor. The notice shall be
sent by certified United States mail to the licensee at the address on file with
the Inspection and Construction Services Division.
B. Appeal: The licensee may appeal the decision of the City Manager to the Housing
Appeals and Mediation Board. An appeal must be filed, in writing, within twenty (20) days
from the date of the notice of suspension or revocation.
14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned building shall not in any way
signify or imply that the building conforms with the Iowa State Building Code or the
housing, building, zoning, fire ordinances or other codes and ordinances adopted by the
City. The issuance of a license shall not relieve the owner or operator of the responsibility
for compliance with said applicable- Property Maintenance ug, Building, Zoning,
Fire or other applicable codes and ordinances.
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:
12/24/2021
and for which the charge is 117.37
Subscribed to before me, a Notary Publi j and for
Dubuque County, Iowa,
this 27th day of December, 2021
(::�" if�' P"
Notary lic in and for Dubuque dounty, Iowa.
JANET K. PAPE
H ' commission Number 199899
IMY Comm, Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 47-21
EXECUTIVE SUMMARY
THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF
THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE. NORMAL BUSINESS
HOURS ARE 8:00 AM - 5:00 PM MONDAY - FRIDAY
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR
ABANDONED BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 14, Chapter 4 of the City of Dubuque Code
of Ordinances is amended to read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases,
words and their derivatives shall be construed as specified in
either this chapter or as specified in the Building Code or
the Property Maintenance Code. Where terms are not defined,
they shall have their ordinary accepted meanings within the
context in which they are used. Unless otherwise expressly
stated or unless the context clearly indicates a different
intent, the following terms shall, for the purpose of this
chapter, have the following meanings:
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
ABANDONED BUILDING
BUILDING CODE
CITY MANAGER
DANGEROUS BUILDING
FIRE CODE
NUISANCE
PROPERTY MAINTENANCE CODE
RESIDENTIAL CODE
UNOCCUPIED
VACANT BUILDING
14-4-3: REGISTRATION:
A. "Registration Required: The owner shall register a vacant
or abandoned building with the City Manager not later than
thirty (30) calendar days after any building in the City
becomes abandoned or vacant as defined in this chapter.
Failure to register an abandoned or vacant building or
providing false information to the City Manager shall be a
violation of this chapter.
B. "Information: The registration shall include the following
information:
1. "A description of the premises;
2. "The names and addresses of the owner or owners;
3. "The names and addresses of all known lien holders and all
other parties with an ownership interest in the building;
4. "The name of the agent designated to act on the behalf of
an out of town property owner to accept legal processes and
notices, and to authorize repairs as required;
5. "The period of time the building is expected to remain
vacant; and
6. "A plan and proposed timeline for restoration to a code
compliant and occupied status or for the demolition/sale of
the building(s).
14-4-5: TERMS OF LICENSES:
A. "License Term: Every license issued under this chapter
shall expire twelve (12) months after issuance.
B. "Application For Renewal: Upon application, a license may
be renewed and remain effective for successive periods of one
year unless sooner revoked at any time by the City Manager for
noncompliance with any applicable provisions of this Code.
C. "Transfer: Licenses may be transferred from one person or
business to another, provided notice of the transfer is given
in writing within five (5) working days of the transfer, to
the City Manager.
D. "Nontransferable From Building To Building: Licenses shall
not be transferable from one building to another.
E. "Notify City Of Transfer Or Disposal: Every person or
business holding a license shall give notice in writing to the
City Manager within five (5) working days after having
transferred or otherwise disposed of the legal control of the
licensed building. Such notice shall include the name and
address of the persons or businesses succeeding to the
ownership or control of such licensed building.
14-4-6: INSPECTIONS:
The owner shall allow inspection of the building by City
representatives upon request and shall allow quarterly
inspections of the exterior and annual inspection of the
interior of the premises for the purpose of enforcing and
assuring compliance with the provisions of this chapter and
the Property Maintenance, Building, Fire Codes, or other
applicable codes and ordinances.
14-4-7: RENEWAL LICENSES:
The City Manager is hereby authorized to issue and renew
vacant or abandoned building licenses for specific buildings,
in the names of the applicant owners, operators or managers,
provided the following criteria are met:
A. "Building In Compliance With Regulations: The building for
which the license is sought is warranted by the owner or
operator to substantially comply with applicable provisions of
this Code.
B."Application By Owner: The owner or operator legally
authorized and responsible for maintenance of the building for
which a vacant or abandoned building license is sought shall
first make application therefor on an application provided by
the City Manager.
C. "Payment Of Fees: All fees required by this Code pursuant
to the issuance of a vacant or abandoned building license are
paid in full to the City.
D."Agent Of Owner/Operator: The applicant shall designate a
local responsible agent to represent the owner/operator
whenever the said applicant is not available for maintenance
of the building for which a license is sought. Said agent
shall have full authority and responsibility, the same as the
owner/operator, for maintaining the building.
14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE:
An application for renewal of a vacant or abandoned building
license may be made within sixty (60) days prior to the
expiration of an existing operating license.. Each day that
the owner fails to renew an expired license as required by
this chapter shall constitute a separate violation for which a
Municipal infraction citation may be issued.
14-4-9: REVOCATION, REINSTATEMENT MEASURES:
A. Notice To Licensee: The Code Official shall cause to be
issued to the licensee a notice that the license is revoked,
setting forth the reason(s) therefor. The notice shall be sent
by certified United States mail to the licensee at the address
on file with the Inspection and Construction Services
Division.
B. Appeal: The licensee may appeal the decision of the City
Manager to the Housing Appeals and Mediation Board. An appeal
must be filed, in writing, within twenty (20) days from the
date of the notice of suspension or revocation.
144-10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned
building shall not in any way signify or imply that the
building conforms with the Iowa State Building Code or the
housing, building, zoning, fire ordinances or other codes and
ordinances adopted by the City. The issuance of a license
shall not relieve the owner or operator of the responsibility
for compliance with said applicable Property Maintenance ,
Building, Zoning, Fire or other applicable codes and
ordinances.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 20th day of December,
2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 24th day of December, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 12/24