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Demolition of Flood Damaged Properties_FEMA AcquistionMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Demolition of Flood Damaged Properties DATE: November 14, 2011 Dubuque ketkil Aft- Amedcacfy 2007 Planning Services and Building Services staff have been working with East Central Intergovernmental Association (ECIA) to facilitate the buyout of four flood damaged properties in the Manson Road /Old Mill Road area. Three of these properties sustained damage to a degree that the properties need to be condemned and demolished prior to the City obtaining ownership of the parcels through the Federal Emergency Management Agency (FEMA) Buyout Program. The property at 1580 Old Mill Road (Biedermann) was the one that burned during the course of the flood. The other two properties at 1658 Manson Road (Beining) and 1654 Manson Road (Thorpe) have had portions of their foundations collapse, making it impossible to secure them in any other way than to fence them. Because the buildings are an imminent threat, demolition is the only way FEMA will allow the homes to be removed. Deconstruction presents a potential danger to contractors, and therefore, is not allowed. Planning Services Manager Laura Carstens recommends City Council approval of a contract with ECIA which utilizes FEMA Public Assistance funds for administration, fencing and demolition costs associated with the flood damaged properties at 1580 Old Mill Road, 1658 Manson Road and 1654 Manson Road. The City will be reimbursed with Federal and State funds for 85% of the costs of fencing, demolition and administration, and has identified sources for the City's 15 %. concur with the recommendation and respectfully request Mayor and City Council approval. btitbs4 k.:.,N,14, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 2 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager c.:* '' SUBJECT: Request for demolition of flood damaged properties DATE: November 14, 2011 Dubuque AI4Amerkany 11111! 2007 INTRODUCTION This memorandum transmits a request for demolition of flood damaged properties. DISCUSSION Planning Services and Building Services staff has been working with East Central Intergovernmental Association (ECIA) to facilitate the buyout of four flood damaged properties in the Manson Road /Old Mill Road area. Three of these properties sustained damage to a degree that the properties need to be condemned and demolished prior to the City obtaining ownership of the parcels through the Federal Emergency Management Agency (FEMA) Buyout Program. Attachment 1 is the property list. Attachment 2 is a vicinity map that highlights the location of the three properties. Attachment 3 is photos of the flood damaged properties. The property at 1580 Old Mill Road (Biedermann) was the one that burned during the course of the flood. The other two properties at 1658 Manson Road (Beining) and 1654 Manson Road (Thorpe) have had portions of their foundations collapse, making it impossible to secure them in any other way than to fence them. Because the buildings are an imminent threat, demolition is the only way FEMA will allow the homes to be removed. Deconstruction presents a potential danger to contractors, and therefore, is not allowed. State Homeland Security Officials have indicated that the City can participate in the "403 Program ", which will provide funds for the City to demolish flood damaged structures prior to taking ownership of the property. Like the FEMA Buy -Out Program, the 403 Program provides funds with the City having a match of 15 %, the State picking up 10% and the Federal Government picking up the remaining 75 %. In talking with State officials, it's likely that these structures may not be demolished through the 403 Program until spring of 2012. City staff therefore is proceeding with fencing off the properties. Request for Demolition of Flood Damaged Properties November 10, 2011 Page 2 Attachment 4 is a request filed with the State for the use of FEMA Public Assistance funds for demolition and related costs for these flood damaged properties. Attachment 5 is an administrative contract with ECIA for application and administration of the City's request for funds under the 403 Program for the three homes. BUDGET IMPACT Fencing will cost approximately $3,250 and can be covered through the Building Services Department's Operating Budget. Demolition of the three homes is not expected to exceed $60,000. The ECIA contract is for $15,000. The Planning Services Department's CIP Budget can cover the demolition and admin cost shares. The City can be reimbursed for 85% of the total of fencing, demolition and administrative costs of $78,252. The 15% City share of $11,738 is available in the City's budget line items shown in Attachment 6, per Budget Director Jenny Larson. RECOMMENDATION I recommend City Council authorization to sign the contract with ECIA and to utilize FEMA Public Assistance funds for administrative, fencing, and demolition costs associated with the flood damaged properties. /mkr Attachments cc: Jenny Larson, Budget Director Rich Russell, Building Services Manager Kyle Kritz, Associate Planner 2 Property Owner List: James L. Beining 1658 Manson Road Dubuque IA 52003 Legal Description: Lot 1 Papke Place and Lot 1 of 2 of 2 of 1 of 4 Mineral Lot 501, except that portion taken for highway purposes. Zane Thorpe c/o Monte Thorpe 1654 Manson Road Dubuque IA 52003 Legal Description: Lot 2 of 2 of 1 of 1 of 1 of 1 of 1of 1 of 2 of 1 of 4 Mineral Lot 501. Jan and Ed Biedermann 1580 Old Mill Road Dubuque IA 52003 Legal Description: Lot 2 of 2 of 1 Mineral Lot 507. Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi Dubuque ,Ilf�l Vicinity Map Location: 1580 Old Mill Road; 1654 & 1658 Manson Road Description: Proposed Homes to be Fenced and Demolished N A Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \Flooded Properties to be Fenced (kyle) 11_01_11.mxc Flood Damage Beining home 1658 Manson Road Foundation Damage Flood Damage Thorpe home 1654 Manson Road THE CITY OF Dubuque DUB E Masterpiece on the Mississippi 2007 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4805 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdubuque. org REQUEST FOR DEMOLITION AND DEBRIS REMOVAL UNDER SECTION403 OF THE STAFFORD ACT November 1, 2011 Dennis T. Harper, State Public Assistance Officer Iowa Homeland Security & Emergency Management Division Iowa Department of Public Defense 7105 NW 70th Ave Camp Dodge, Building W -4 Johnston IA 50131 -1824 This letter is a formal request by the City of Dubuque for the use of Public Assistance Funds for demolition and debris removal from private properties as a result of DR4018 pursuant to Section 403 (A)3(e) of the Stafford Act. The City of Dubuque, under its authority and legal responsibility, has determined that the listed properties pose an immediate threat to life, public health and safety. The City of Dubuque hereby indemnifies the Federal Government and its employees, agents and contractors from any and all claims arising from the removal of debris from private property. The City's Building Official has made the determination that these structures are such an immediate threat and their demolition is in the public interest. A list of specific properties so identified is attached. The authority exercised by the City of Dubuque is evidenced under the following rules, codes or statutes (exact copies of the appropriate section are attached): Iowa Code Section 364.12 wherein the City of Dubuque is granted the power, responsibility, and right to: a) Require the abatement of a nuisance, public or private, in any reasonable manner. b) Require the removal, repair, or dismantling of a dangerous building or structure. In addition, the City of Dubuque Municipal Code, Chapter 3 Dangerous Buildings, specifically defines a dangerous building and requires demolition of such a structure to protect the health and safety of the public. Chapter 3 is attached. Service People Integrity Responsibility Innovation Request for Demolition and Debris Removal Page 2 Please contact me with any questions or for additional information. Respectfully submitted Laura Carstens City Planner /Flood Plain Administrator Attachments cc: Michael C. Van Milligen, City Manager Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Don Vogt, Public Works Director Nicole Turpin, ECIA Maureen Quann, Assistant City Attorney Kyle Kritz, Associate Planner Rich Russell, Building Services Manager Marie Ware, Leisure Services Manager Iowa Code Title 9 - Local Government Subtitle 4 - Cities CHAPTER 364 - POWERS AND DUTIES OF CITIES 364.12 - RESPONSIBILITY FOR PUBLIC PLACES. 364.12 RESPONSIBILITY FOR PUBLIC PLACES. 1. As used in this section, "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title. 2. A city shall keep all public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares, and commons open, in repair, and free from nuisance, with the following exceptions: a. Public ways and grounds may be temporarily closed by resolution. Following notice as provided in section 362.3, public ways and grounds may be vacated by ordinance. b. The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice. If damages are to be awarded under this section against the abutting property owner, the claimant has the burden of proving the amount of the damages. To authorize recovery of more than a nominal amount, facts must exist and be shown by the evidence which afford a reasonable basis for measuring the amount of the claimant's actual damages, and the amount of actual damages shall not be determined by speculation, conjecture, or surmise. All legal or equitable defenses are available to the abutting property owner in an action brought pursuant to this paragraph. The city's general duty under this subsection does not include a duty to remove natural accumulations of snow or ice from the sidewalks. However, when the city is the abutting property owner it has the specific duty of the abutting property owner set forth in this paragraph. c. The abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right -of -way. d. A city may serve notice on the abutting property owner, by certified mail to the property owner as shown by the records of the county auditor, requiring the abutting property owner to repair, replace, or reconstruct sidewalks. e. lithe abutting property owner does not perform an action required under this subsection within a reasonable time, a city may perform the required action and assess the costs against the abutting property for collection in the same mariner as a property tax. This power does not relieve the abutting property owner of liability imposed under paragraph "b ". f. A city has no duty under this subsection with respect to property that is required by law to be maintained by a railway company. 3. • A city may: a. Require the abatement of a nuisance, public or private, in any reasonable manner. b. Require the removal of diseased trees or dead wood, except as stated in subsection 2, paragraph "c" of this section. c. Require the removal, repair, or dismantling of a dangerous building or structure. d. Require the numbering of buildings. e. Require connection to public drainage systems from abutting property when necessary for public health or safety. f. Require connection to public sewer systems from abutting property, and require installation of sanitary toilet facilities and removal of other toilet facilities on such property. g. Require the cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard. h. If the property owner does not perform an action required under this subsection within a reasonable time after notice, a city may perform the required action and assess the costs against the property for collection in the same manner as a property tax. Notice may be in the form of an ordinance or by certified mail to the property owner as shown by the records of the county auditor, and shall state the time within which action is required. However, in an emergency a city may perform any action which may be required under this section without prior notice, and assess the costs as provided in this subsection, after notice to the property owner and hearing. 4. In addition to any other remedy provided by law, a city may also seek reimbursement for costs incurred in performing any act authorized by this section by a civil action for damages against a property owner. However, a city shall not seek reimbursement for costs incurred in performing an act if the same act has not been performed by the city on adjoining city- owned property. For the purposes of this subsection, a county acquiring property for delinquent taxes shall not be considered a property owner. 5. A city may cause, without prior determination and notice, the repair or replacement of public improvements including, but not limited to, sidewalks, water stop boxes, and driveway approaches if the property owner does all of the following: • . a. Requests the repair and replacement of the public improvements specified in this subsection abutting the property owner's property located outside the lot and property lines and inside the curb lines. b. Waives the requirement of a prior finding by the city council that the condition of the public improvements constitutes a nuisance and the requirement of prior notice. c. Consents to the repair of the public improvements and the assessment of the cost of the repair to the abutting property. 6. If, in repairing and replacing improvements in the area between the lot or property lines and the curb lines pursuant to subsection 5, it becomes necessary for the city to repair or replace adjacent improvements in the area, the cost of repairing or replacing the adjacent public improvements may be assessed, with consent of the property owner, against.the. property which the public improvements abut. 7. A city may accumulate individual assessments for the repair and replacement of sidewalks, driveway approaches, water stop boxes, or similar improvements or for the abatement of nuisances, and may periodically certify the assessments to the county treasurer under one or more assessment schedules. Sterling Codifiers, Inc. Page 1 of 10 Chapter 3 DANGEROUS BUILDINGS 14 -3 -1: PURPOSE AND SCOPE: A. It is the purpose of this chapter to provide a just, equitable and practicable method to be cumulative with and in addition to any other remedy provided by the building code, housing code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. B. The provisions of this chapter shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in the city. C. All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the building code. (2007 Code § 11 -21) 14 -3 -2: 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 housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. BUILDING CODE: The international building code promulgated by the International Code Council, Inc., as adopted in section 14 -1A -1 of this title. DANGEROUS BUILDING: For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 erling Codifiers, Inc. Page 2 of 10 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 Tess than it was before such catastrophe and is Tess 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 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 Tess 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, 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, is likely to partially or completely collapse. 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 nonsupporting 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. p://www.sterlingcodifiers.com/codebook/printnow.php 11/01/2011 :erling Codifiers, Inc. Page 4 of 10 Right Of Entry For Inspection; Notice To Owner: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official or the building official's authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or the building official's authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this chapter; provided, that if such building or premises be occupied, the building official or the building official's authorized representative shall first present proper credentials and request entry; and if such building or premises be unoccupied, the building official or the building official's authorized representative shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or the building official's authorized representative shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in this section and their authorized inspection personnel. ). Declaration Of Nuisance; Abatement: All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter. E. Unlawful Activities: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter. Buildings Subject To Inspection: All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this chapter and the building code. (2007 Code § 11 -23) 14 -3-4: NOTICES AND ORDERS OF BUILDING OFFICIAL: k. Commencement Of Proceedings: Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official shall commence proceedings to cause the repair, vacation or demolition of the building. 1. Notice And Order, Contents: The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. p:// www. sterlingcodifiers .com/codebooklprintnow.php 11/01/2011 Sterling Codifiers, Inc. Page 3 of 10 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 housing 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 nonsupporting 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. HOUSING CODE: The city of Dubuque residential housing code, as adopted in section 6 -6 -1 of this code. (2007 Code § 11 -22) 14 -3 -3: ENFORCEMENT: A. Enforcement Official: The building official is hereby authorized to enforce the provisions of this chapter. B. Inspection Authorized; Actions: The health officer, the fire marshal and the building official are hereby authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter. http:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 Sterling Codifiers, Inc. Page 5 of 10 2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter. 3. A statement of the action required to be taken as determined by the building official: a. If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances. b. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structures shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. c. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official: a) will order the building vacated and posted to prevent further occupancy until the work is completed; and b) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising: a) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the building code and advisory appeals board, provided the appeal is made in writing as provided in this chapter and filed with the building official within thirty (30) days from the date of service of such notice and order; and b) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. C. Serving And Posting Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following, if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served nor relieve any such person from any duty or obligation imposed on such person by the provisions of this section. D. Manner Of Serving Notice: Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their last known address. If no address of any such person is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings and a summary of the notice and order shall be published in a newspaper, as defined in section 618.3 of the Iowa Code, published in and having general circulation in the city. The failure of any such person to http:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 :erling Codifiers, Inc. Page 6 of 10 receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. E. Certified Proof Of Service Of Notice And Order: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, or affidavit of publicatioh, shall be affixed to the copy of the notice and order retained by the building official. (2007 Code § 11 -24) 14 -3 -5: REPAIR, VACATION AND DEMOLITION: \. Standards: The following standards shall be followed by the building official (and by the building code and advisory appeals board if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under this chapter either shall be repaired in accordance with the current building code or shall be demolished at the option of the building owner. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 3. Form Of Notice: Every notice to vacate shall, in addition to personal service or mail service, be posted at or upon each exit of the building and shall be in substantially the following form: DANGEROUS BUILDING DO NOT ENTER , It is unlawful to enter this building or to remove or deface this notice. Building Official Compliance With Posted Notice: Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued by the building official reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. (2007 Code § 11 -25) tp: / /www. sterlingcodifiers .com /codebook/printnow.php 11/01/2011 Sterling Codifiers, Inc. 14 -3 -6: APPEAL: Page 7 of 10 A. Filing Of Written Appeal; Contents: Any person entitled to service of a notice and order under this chapter may appeal from any notice and order or any action of the building official under this chapter by filing at the office of the building official a written appeal to the building.code and advisory appeals board containing: 1. A brief statement setting forth the legal interest of the appellant in the building or the land involved in the notice and order. 2. A brief statement of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 4. The signature of the appellant named as appellant and the appellant's official mailing address. B. Time Limit For Filing Appeal: The appeal shall be filed within ten (10) days from the date of service of such order or action of the building official. C. Presentation To Board: Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the building code and advisory appeals board. D. Fixing Date Of Hearing: As soon as practicable after receiving the written appeal, the building code and advisory appeals board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than thirty (30) days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least than (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, addressed to the appellant at the appellant's address shown on the appeal. E. Failure To File Appeal; Waiver Of Right To Hearing: Failure of any person to file an appeal in accordance with this section shall constitute a waiver of such person's right to an administrative hearing and adjudication of the notice and order or any portion thereof. F. Matters Under Consideration: Only those matters or issues specifically raised by the appellant in the written appeal shall be considered in the hearing of the appeal. http:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 :erling Codifiers, Inc. - Page 8 of 10 3. Enforcement Stayed During Appeal Process: Except for vacation orders, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (2007 Code § 11 -26) 14 -3 -7: PROCEDURE FOR CONDUCT OF HEARING APPEALS: the conduct of hearing appeals filed with the building code and advisory appeals board shall be governed )y title 2, chapter 1 of this code. (2007 Code § 11 -27) 14 -3 -8: ENFORCEMENT OF ORDER OF BUILDING OFFICIAL OR BUILDING CODE k►ND APPEALS BOARD: k. Compliance With Order Required: After any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter shall have become final, no . person to whom any such order is directed shall fail, neglect or refuse to obey any such order. 3. Failure To Comply; Actions: If, after any order of the building official or a decision of the building code and advisory appeals board made pursuant to this chapter has become final', the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may: 1) cause such person to be prosecuted under subsection A of this section; or 2) institute any appropriate action to abate such building as a public nuisance. Remedial Action; Notice: Whenever the required repair or demolition is not commenced within thirty (30) days after any final notice and order issued under this chapter becomes effective: 1. The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: DANGEROUS BUILDING DO NOT ENTER It is unlawful to enter this building, or to remove or deface this notice. Building Official 2. No person shall enter any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. tp: / /www. sterlingcodifiers .com /codebook/printnow.php 11/01/2011 Sterling Codifiers, Inc. Page 9 of 10 3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble and debris therefrom, removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the demolition thereof, over . and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. D. Grant Extension Of Time: Upon receipt of an application from the person required to conform to the order and an agreement by such person that said person will comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the building official's notice and order. E. Interference With Persons Performing Work: No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter. (2007 Code § 11 -28) 14 -3 -9: PERFORMANCE OF WORK OF REPAIR OR DEMOLITION: A. Manner Of Accomplishing Work: When any work of repair or demolition is to be done pursuant to section 14 -3 -8 of this chapter, the work shall be accomplished by city personnel or by private contract under the direction of the building official. Plans and specifications therefor may be prepared by the building official or the building official may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. B. Cost Assessed As Special Assessment: The cost of such work shall be made a special assessment against the property involved. (2007 Code § 11 -29) 14 -3 -10: RECOVERY OF COST OF REPAIR OR DEMOLITION: The building official shall keep an itemized account of the expense incurred in the repair or demolition of any building done pursuant to the provisions of this chapter. Upon completion of the work of repair or demolition, the building official shall prepare and certify the actual cost to the city clerk who, in turn, shall http:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 terling Codifiers, Inc. Page 10 of 10 ;ertify such cost to the county treasurer, and it shall then constitute a lien against said property and be :ollected with and in the same manner as general property taxes on said property. (2007 Code § 11 -30) : p:// www. sterlingcodifiers .com/codebook/printnow.php 11/01/2011 AGREEMENT FOR §403 ESSENTIAL ASSISTANCE DEMOLITION SERVICES This Agreement is made by and between East Central Intergovernmental Association, of Dubuque, Iowa, hereinafter referred to as "Agency ", and the City of Dubuque, hereinafter referred to as "Applicant ". Agency agrees to perform, provide and complete certain services related to Applicant's §403 Essential Assistance demolitions as set out in the Scope of Work section of this Agreement. This work is to be performed and completed as a combination unit price, lump sum contract as set out in the Pricing section of this Agreement. Scope of Work The Agency will provide, perform or complete the following for the Applicant for §403 Essential Assistance - related property demolitions: Grant Management: 1. Development of Property Management Files (PMFs) 2. Any and all duties required for the preparation of a Project Worksheet to submit to FEMA for reimbursement of expenses to the Applicant 3. RFP /Contract development for asbestos surveys and asbestos abatement, if necessary, and structure demolition 4. Letting of bids, contracts and similar services 5. Post- demolition completion of PMFs 6. Handling closeout Other: Demolition Project Monitoring: 1. Provide overall Project Management and supervision of the entire demolition process 2. Provide Site Monitoring (including the hiring, payment and supervision of a project manager, if needed, and any and all site monitors) for the entire demolition process 3. Provide on -site monitoring (including the hiring, payment and supervision of any and all site monitors) of asbestos debris removal, if and as required Personnel Agency represents that it has, or will acquire, all personnel necessary to perform all services under this Contract. This includes, but is not limited to managers, assistants, monitors of any type, attorneys for any purpose, abstractors, clerical staff including clerks, typists, etc., laborers and the like. The parties intend that an independent contractor - purchaser of service relationship will be created by this Contract. The Applicant desires only the results to be achieved, and the conduct and control of the work will lie solely with the Agency. Neither the Agency nor it's 1 1 -14 -11 employees are to be considered agents or employees of the Applicant for any purpose. Equipment, Materials, Supplies Agency Agrees to supply, and pricing herein includes, the costs of all equipment of any type, rentals and or leases of any type or nature, any and all materials, supplies, etc. as necessary to perform and complete services under this Contract. This includes copying of documents, electronic or facsimile transmission of documents, paper, pens, pencils, ink, envelopes, postage, placards, publishing of notices, etc. Pricing Agency agrees to perform all services for Applicant described in the Scope of Work for a price of $5,000 per unit (address /structure), and a lump sum total not to exceed $15,000. Documentation Agency understands that if deemed necessary by Applicant, Agency agrees to provide to Applicant with detailed documentation deemed necessary to justify costs or increased costs agreed to by amendment(s) to this Agreement. Hold Harmless Agency hereby agrees to protect, indemnify and hold harmless the Applicant, the United States of America, FEMA, the State of Iowa and their agencies and agents, from any actions, neglect or failure to comply with any parts of this agreement. Access and Maintenance of Records Agency shall maintain all required records for three years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, Agency shall make available to the Applicant, Iowa Homeland Security and Emergency Management Division, the State Auditor, the General Accounting Office, and the Federal Emergency Management Agency, for their examination, all of it's records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. In addition, those records which relate to any "Dispute" appeal under a grant agreement, to litigation, to the settlement of claims arising out of such performance, or to costs or items to which an audit exception has been taken shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim, or exception. Changes in Scope of Work 2 Any changes to this Agreement must be mutually agreed upon by Agency and Applicant and be in the form of written amendments. Government - Mandated Provisions Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Depending upon the type of work or services provided and the dollar value of the resultant contract, some of the provisions set forth in this Section may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Contract to comply with Federal Law. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. In the event that the Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of five (5) days after notice of default has been given by Applicant to Contractor, then Applicant may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the Applicant hereunder, or obtain damages caused to the Applicant by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. make no further disbursements, and demand immediate repayment from Proposer of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivery to Contractor a written notice of termination; and /or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of Applicant to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that Applicant prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by Applicant. 3 1 -14 -11 B. Termination for Cause and for Convenience. Applicant may choose to terminate this Agreement at any time by delivering to Contractor five (5) days' advance written notice of intent to terminate. C. Contractor shall comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (Applies to all Contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A -7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) G. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Agreement, Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Agreement, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. H. Access to Documents. Contractor shall exercise best efforts to maintain communication with Applicant's personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of this Agreement and for the ensuing record - retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to Applicant, Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided 4 funding or oversight for the project, for the purpose of making audit, examination, excerpts and /or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Agreement. Contractor agrees to furnish, upon termination of this Agreement and upon demand by the Applicant, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Agreement, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Contractor shall not be liable for the Applicant's use of such documents on other projects. I. Retention of Documents. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Agreement. J. The Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000) K. Energy Efficiency Standards. The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995] L. Insurance requirements. The requirements are as follows: Upon execution of this Contract, the Agency agrees provide the Applicant the following: A certificate of professional liability (errors and omissions) insurance coverage in a minimum amount of $250,000 per claim and $1,000,000 aggregate, and must maintain such coverage in force at all times during the term of the service agreement. This Agreement shall remain in effect until completion of all aspects of demolition and close out of the grant, including any audits of this project that may occur. This Agreement represents the entire and integrated agreement between the Applicant and the Agency and supersedes all prior negotiations, representations, and /or agreements, either written or oral. Dated this day of , 2011. • AGENCY APPLICANT By: By: Kelley Deutmeyer, Executive Director Michael C. Van Milligen, City Manager 5 ATTACHMENT 6 ITEM COST ESTIMATE REIMBURSEMENT CITY SHARE FUNDING SOURCE BUDGET LINE ITEM AVAILABLE BALANCE Building — Operating: 10057400 Fencing $ 3,252 $ 2,764 $ 488 $2,767 Code Enforcement 62731 Planning — CIP: 1021012 Demolition $60,000 $51,000 $ 9,000 $28,181 Annexation Study 62716 Planning — CIP: 1021012 Administration $15,000 $12,750 $ 2,250 $28,181 Annexation Study 62716 TOTALS $78,252 $66,514 $11,738