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Safe Community Task Force Recommendations Implementation_Boarded-Up WindowsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Board -Up Windows and Doors Safe Community Task Force Recommendations Implementation DATE: February 11, 2011 Dubuque All America City 2007 Building Services Manager Rich Russell recommends City Council approval of the adoption of a Boarded -Up Openings Ordinance that establishes requirements for the exterior security and appearance of buildings. The ordinance states no building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. The Safe Community Task Force recommended the following: "Create an ordinance prohibiting the boarding of windows and doors facing streets." City staff in Planning Services, Building Services, Housing and Community Development and Legal Departments have discussed, researched and drafted the attached ordinance with input from the Historic Preservation Commission and Dubuque Main Street (DMS). DMS's Board of Directors recommended that a provision that provides for discretion in allowing for extensions for replacement of boarded -up openings be included. This provision has been included in the ordinance. City staff proposes that the Ordinance grandfather existing windows, doors, and similar openings that are boarded up prior to the effective date of the Code. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager Masterpiece on the Mississippi January 17, 2011 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager SUBJECT: Boarded -Up Windows Dubuque ***= A�•Amer� City 2007 INTRODUCTION: The purpose of this memo is to recommend the adoption of a Boarded -Up Openings Ordinance. This Ordinance is an amendment of Title 14 Building and Development, Chapter 1 Building Codes, and establishes requirements for the exterior security and appearance of buildings. BACKGROUND: The Safe Community Task Force recommended adoption of a City- wide prohibition of boarded -up openings without a grandfathering provision for existing boarded -up openings. City staff in Planning Services, Building Services, Housing and Community Development and Legal Departments have discussed, researched and drafted the attached ordinance with input from the Historic Preservation Commission and Dubuque Main Street (DMS). DMS's Board of Directors recommended that a provision that provides for discretion in allowing for extensions for replacement of boarded -up openings be included. This provision has been included in the ordinance. City staff proposes that the Ordinance grandfather existing windows, doors, and similar openings that are boarded up prior to the effective date of the Code. DISCUSSION: The adoption of the Boarded -Up Openings Ordinance will prohibit boarding of openings in the future, City -wide. Openings currently boarded -up would be exempt from the Ordinance. The Ordinance does not reduce or modify the requirements for review and approval by the Historic Preservation Commission required under the City Code for properties located within a Historic Preservation or Conservation District. The Planning Services staff conducted a city -wide survey of boarded -up openings. A map and inventory of properties with boarded -up openings is provided as an attachment. The Ordinance also requires that a survey be conducted every two years in order to gauge the impact of the ordinance and market conditions on the inventory. RECOMMENDATION: I recommend the Boarded -Up Openings Ordinance be adopted. I have attached the ordinance for the City Council's review. Attachments cc: David Harris, Housing and Community Development Director Crenna Brumwell, Assistant City Attorney Laura Carstens, Planning Services Manager Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 16-11 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS BY ADOPTING A NEW SECTION 14 -1A -5 EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS, ESTABLISHING REQUIREMENTS FOR THE EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section .1. Title 14, Chapter 1, Article A of the City of Dubuque Code of Ordinances is amended by adding thereto the following provision: Sec. 14 -1A -5. Exterior Security and Appearance of Buildings: 1. Application. The requirements of this Section shall apply to any windows or doors boarded up after March 1, 2011. 2. No building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. All other unsecured exterior building openings must be secured with three - eighths inch (3/8 ") plywood and nailed every eight inches (8 ") with #6 box nails. On the first floor of any such building, the plywood must be cut to fit the opening and must not be pieced. On the second floor or above, the plywood may be pieced provided it is adequately supported behind the seam. Building openings must be covered from the outside and the plywood painted to blend in with the remaining exterior color of the building. 3. Exception. Temporary Boarding. Windows and doors may be boarded temporarily only if a permit has been obtained from the city manager or city manager's designee for the temporarily boarded windows and doors. A temporary permit may be issued upon submission of a satisfactory plan to the city manager or city manager's designee which outlines bringing the windows and doors into compliance with this Section. Temporary for purposes of this Section means Tess than ninety (90) days. One extension of thirty (30) days may be granted by the city manager or city manager's designee. Further extensions may be granted at the discretion of the city manager. 4. Appeal Rights. a. A property owner aggrieved or adversely affected by a decision of the city manager's designee under this Section may apply to the city manager for review of such de cision by filing a written notice of appeal with the city manager within thirty (30) days of the date of the decision appealed from. The notice of appeal must include the following: 1. Name and address of person appealing (appellant). 2. A brief statement in ordinary and concise language of the decision appealed from, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision appealed from should be reversed or modified. 4. The signatures of all parties named as persons appealing and their official mailing address. b. The city manager shall review the decision appealed from and any information provided by the appellant and issue a written decision within thirty (30) days of receipt of the notice of appeal. The decision shall be mailed to the appellant. The city manager may affirm, reverse, or modify the decision of the city manager's designee. 5. Inventory and Review. An inventory of buildings with boarded up windows and doors shall be completed by December 31, 2010 and maintained by the city manager. The inventory shall be updated every twenty -four (24) months and provided for review to the city council. 6. Historic Preservation Requirements. None of the provisions of this Section shall be interpreted to reduce or modify the requirements for review and approval by the Historic Preservation Commission required under the Code of Ordinances for properties located within a Historic Preservation or Conservation District. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 22nd day j of February , 2011. Att= �4'/ eanne F. Schneider, City Clerk Roy D. Btiol, Mayor Sec. 14 -1A -5. Exterior Security and Appearance of Buildings: 1. Application. The requirements of this Section shall apply to any windows or doors boarded up after March 1, 2011. 2. No building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. All other unsecured exterior building openings must be secured with three - eighths inch (3/8 ") plywood and nailed every eight inches (8 ") with #6 box nails. On the first floor of any such building, the plywood must be cut to fit the opening and must not be pieced. On the second floor or above, the plywood may be pieced provided it is adequately supported behind the seam. Building openings must be covered from the outside and the plywood painted to blend in with the remaining exterior color of the building. 3. Exception. 4. Appeal Rights. EFFECT OF AMENDMENT Temporary Boarding. Windows and doors may be boarded temporarily only if a permit has been obtained from the city manager or city manager's designee for the temporarily boarded windows and doors. A temporary permit may be issued upon submission of a satisfactory plan to the city manager or city manager's designee which outlines bringing the windows and doors into compliance with this Section. Temporary for purposes of this Section means Tess than ninety (90) days. One extension of thirty (30) days may be granted by the city manager or city manager's designee. Further extensions may be granted at the discretion of the city manager. a. A property owner aggrieved or adversely affected by a decision of the city manager's designee under this Section may apply to the city manager for review of such decision by filing a written notice of appeal with the city manager within thirty (30) days of the date of the decision appealed from. The notice of appeal must include the following: 1. Name and address of person appealing (appellant). 2. A brief statement in ordinary and concise language of the decision appealed from, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision appealed from should be reversed or modified. 4. The signatures of all parties named as persons appealing and their official mailing address. b. The city manager shall review the decision appealed from and any information provided by the appellant and issue a written decision within thirty (30) days of receipt of the notice of appeal. The decision shall be mailed to the appellant. The city manager may affirm, reverse, or modify the decision of the city manager's designee. 5. Inventory and Review. An inventory of buildings with boarded up windows and doors shall be completed by December 31, 2010 and maintained by the city manager. The inventory shall be updated every twenty -four (24) months and provided for review to the city council. 6. Historic Preservation Requirements. None of the provisions of this Section shall be interpreted to reduce or modify the requirements for review and approval by the Historic Preservation Commission required under the Code of Ordinances for properties located within a Historic Preservation or Conservation District. !flJ . ��r��t ■ _ ""f�.l111111 1 ► � � �' 1111''•• '(I � 6 11111!!Ir ► ♦ �/ 1111 �- r 'hhhI" !■ !111!111!!!1. � f /► Qom. �� ■` 11 �1�1��1 /, 11111 4P47711714:11111111 lowy�.s =ate -� r� as jib, 'I♦►. -� -ter ■ sem is 44,14 awl. IN ate �i■ �� anium ■r 111111 " � 1 egg lissaimuurip. 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Booth St. 1207 Washington 1292 Elm 1306 Elm 1395 Washington 1414 Washington 1467 -1471 Washington 1598 Washington 1689 Elm 1697 Jackson 1786 Jackson 1858 Central 1876 Central 1879 Central 1901 Rockdale Rd 1902 Central 1902 White 1915 Bennett St. 1937 Washington 2003 Washington 2007 Kniest 2051 Washington 2064 Bennett St. 2100 White 2101 Kniest 2114 Central 2130 Elm 2131 Jackson 2145 Delaware St. 2162 Central 2164 Bennett St. 2171 Graham Circle 2180 Central 2187 St. John Dr. 2204 Central 2220 Washington 2293 Washington 2339 Washington 2348 Gordon Dr. 2404 Washington 2411 Rhomberg 2534 Windsor Ave. 2537 Marywood Dr. 2541 Central 2572 Washington 2577 Glenview Circle 2585 Marywood Dr. 2586 Chrissy Dr. 2590 Central 3040 Elm 3000 Jackson 1698 Jackson 1737 Washington 1745 Madison St. 1700 Lincoln 1753 Washington 2600 Central 2660 Central 2696 Owen Ct. 2700 Jackson 2831 Central 2951 Washington 3203 Jackson 3400 Jackson- Flexsteel 3470 Sunset Park Circle 4289 Asbury Rd Loras College 2424 Queen St. 2605 Rhomberg 2224 Rhomberg 1016 Rhomberg 1106 Lincoln 1307 Lincoln 2417 Rhomberg 1975 Shiras Ave. 430 Garfield Ave. 917 Garfield Ave. 1217 Garfield Ave. 2924 Shiras Ave. 2108 Lincoln 1526 Lincoln 1502 Lincoln 1500 Rhomberg Ave. 1301 Rhomberg Ave. 1233 Rhomberg Ave. 1027 Rhomberg Ave. 1027 Rhomberg Ave. 1100 Lincoln 1005 Rhomberg Ave. 629 Rhomberg Ave. 525 Garfield Ave. 3000 Jackson 2 2401 Central 3 1701 Central 1603 Central 4 1602 Central 1696 Central cf 0 1501 Jackson 6 1598 Jackson 7 1717 Jackson 483 Bluff 00 N CD CD ro t U 0 0 c, • ,. :`: 1%■ \ 1)■. \\•,*\ ,,,, ■c$ ,), AS1: 7, ' 0 III I ' , , ‘ "■ - I.' ,,,r ''..,:■' 'il igiti 7 1 t'• 111* 1 ill 1 ' t , kt4 , ( \ ' • ti11„ , '. 1 97 1. 19q I 1 i t iv i l t 11.f.t.\,■q,.,' -,1,144 i 1,1,y.■ .\, 1 w \ \ ,,. 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Booth St. 18 1292 Elm 1207 Washington 19 1306 Elm 1395 Washington 1414 Washington 20 1467 -1471 Washington 21 1598 Washington 1689 Elm 22 1697 Jackson 1698 Jackson u I iIiWWII 24 1700 Lincoln 25 1753 Washington 1786 Jackson 26 1858 Central 1876 Central 28 1902 Central 1902 White 29 1915 Bennett St. 1937 Washington 30 2003 Washington 2007 Kniest 31 2051 Washington 2064 Bennett St. 32 2100 White 2101 Kniest 33 2114 Central 2130 Elm 2131 Jackson 34 2145 Delaware St. 35 • S 2162 Central 2164 Bennett St. 36 2171 Graham Circle 2180 Central illFt of i {r g(!!;?T 7 Th7T4i!fii 38 2293 Washington 2220 Washington 39 2339 Washington 2348 Gordon Dr. 40 2411 Rhomberg 2404 Washington 1 2534 Windsor Ave. 2537 Marywood Dr. 42 2541 Central 2572 Washington 43 2577 Glenview Circle 2585 Marywood Dr. 44 2586 Chrissy Dr. 2590 Central 45 N. 1 2600 Central 2660 Central lrylk 46 2696 Owen Ct. 2700 Jackson 47 2951 Washington 2831 Central 48 3203 Jackson 3400 Jackson- Flexsteel 49 3470 Sunset Park Circle 4289 Asbury Rd 50 Loras College 2424 Queen St. 52 1016 Rhomberg 1106 Lincoln 53 1307 Lincoln 2417 Rhomberg 54 1975 Shiras Ave. 430 Garfield Ave. 55 917 Garfield Ave. 1217 Garfield Ave. Ma 56 2924 Shiras Ave. 2108 Lincoln 57 1526 Lincoln 1502 Lincoln - - _ 58 1500 Rhomberg Ave. 1301 Rhomberg Ave. 59 1027 Rhomberg Ave. 1233 Rhomberg Ave. 61 1005 Rhomberg Ave. 629 Rhomberg Ave. C `..0