Burch St,. Property City Purchase, J. White
i5U~~E
~cIN-~
MEMORANDUM
June 15, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street (John White Property)
In December 2004, as directed by the City Council, a Petition was filed in the Iowa
District Court for Dubuque County, Iowa, requesting the Court to determine that the
property at 409 Burch Street, owned by John White, is an abandoned building and
requesting that the Court enter judgment awarding title to the property to the City free
and clear of all claims, liens or encumbrances pursuant to a statute adopted by the Iowa
General Assembly in 2004.
In response to the Petition, Mr. White has asserted that the statute is unconstitutional
because it authorizes a taking of his property without just compensation. Resolution of
that issue by the courts could take a considerable period of time.
Housing and Community Development Department Director David Harris and
Corporation Counsel Barry Lindahl are recommending that the property at 409 Burch
Street be declared a public nuisance and the City begin steps to acquire the property.
The single family home at 409 Burch, owned by John White, has been a long-time
problem property. Complaints about this house and resulting City enforcement activities
date to 1996. Mr. White has unsuccessfully attempted since a known date of 1995 to
undertake a comprehensive rehabilitation of the structure. The house remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighborhood.
The City has a current appraisal of the property at $21,000.
The property would be marketed for rehabilitation, and if that was unsuccessful,
demolition would be considered and then the vacant lot marketed.
.
BAR R Y A. L I N D A H L, E S
CORPORATION COUNSE , CITY OF DUBUQUE
<.
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
June 14, 2005
RE:
409 Burch Street (John White Property)
Mike:
In December 2004, as directed by the City Council, we filed a Petition in the Iowa
District Court for Dubuque County, Iowa, requesting the Court to determine that the
property at 409 Burch Street, owned by John White, is an abandoned building and
requesting that the Court enter judgment awarding title to the property to the City free
and clear of all claims, liens or encumbrances pursuant to a statute adopted by the Iowa
General Assembly in 2004.
In response to the Petition, Mr. White has asserted that the statute is unconstitutional
because it authorizes a taking of his property without just compensation. Resolution of
that issue by the courts could take a considerable period of time.
As an alternative to proceeding under the statute that allows the court to grant title to
the property to the City, the City could institute eminent domain proceedings to acquire
the property by paying the owner just compensation. Iowa Code 9364.12A specifically
authorizes such a procedure and provides that "a city may condemn a residential
building found to be a public nuisance and take title to the property for the public
purpose of disposing of the property under section 364.7 by conveying the property to a
private individual for rehabilitation or for demolition and construction of housing,"
Attached is a Memorandum dated November 22, 2004 from Housing Department
Manager David Harris to you which provides some background information on the
property and the basis for a declaration that the property is a public nuisance. Also
enclosed are Orders from the Housing Department to correct various housing code
violations to the property, the most recent being from November 5, 2004. The violations
have not been corrected.
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
Finally, I have requested an appraisal of the property by Kane Appraisals and Real
Estate Inc. A copy of the appraisal is enclosed. According to the appraisal, the fair
market value of the property is $21,000.00.
I recommend that this information, together with the enclosed Resolution declaring the
property to be a public nuisance and establishing the fair market value of the property at
$21,000.00 for purposes of negotiating a purchase of the property, be submitted to the
City Council for consideration.
Enclosure
cc: Cindy Steinhauser, Assistant City Manager
David Harris, Housing & Community Development Director
Joseph J. Bitter, Esq.
RESOLUTION NO. 290-05
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH
STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409 Burch
Street legally described as follows (the Property):
lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council finds that the Property constitutes a public
nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the
purpose of abating the public nuisance as authorized by Iowa Code ~ 364.12A;
and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with condemnation;
and
WHEREAS, City may not make an offer to purchase the Property which is less
than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the
appraised value of the Property is $21,000.00; and
WHEREAS, the City Council now desires to establish the fair market value of the
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY
OF DUBUQUE, IOWA AS FOllOWS:
1. The Property at 409 Burch Street is hereby declared to be a public nuisance.
2. The fair market value of the Property is hereby established to be $21,000.00.
3. The City Manager and the Corporation Counsel are hereby authorized to commence
negotiations with Owner of the Property and any other interested parties for the
purchase of the Property for a purchase price which is not less than the fair market
value established by this Resolution.
Passed, approved and adopted this 20th day of June, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
~=OP~
DUB u -
~~~
MEMORANDUM
22 November 04
To: Mike v~ ~lIigen, City Manager
From: David ~'riis, Housing and Community Development Department
Re: Proceedings to acquire vacant and abandoned property at 409 Burch Street
Introduction
The purpose of this memorandum is to request the City Council's authorization to
petition the District Court to enter judgment for a vacant and abandoned home located
at 409 Burch Street, awarding title to the property to the City.
-Background -
The single family home at 409 Burch, owned by John White, has been a long-time
problem property. Complaints about this house and resulting City enforcement activities
date to 1996. Mr White has unsuccessfully attempted since a known date of 1995 to
undertake a comprehensive rehabilitation of the structure. The hOuse remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighborhood.
Enforcement Historv
The building permit record indicates the history of the owner's maintenance efforts on
this property, as follows:
1. November, 1987: relocation of gas line; inspected and approved
2. November, 1995: reroof; no disposition noted
3. June, 2000: electrical permit, to rewire home due to fire; no inspection
4. June, 2000: reroof, also due to fire; no inspection
5. August, 2000: plumbing permit for sewer and water lines; inspected and
approved
6. September, 2000: permit issued for garage and new foundation for
proposed addition; a December, 2000 inspection noted no completion
7. November, 2001: unspecified permit; no inspection
8. December, 2001: reroof; no inspection
9. January, 2004: reroof; no inspection
10. February, 2004: permit issued after owner was taken to court after
Building Department's determination that some fire-related repairs had
been done without a permit; no additional progress noted to-date
In September, 1996, a citation was issued by the Zoning Enforcement Officer for
outside storage of construction materials and auto parts.
1
In April, 1999, the Building Department sent a letter to abate, noting the non-completed
reroofing, illegal storage of construction materials and equipment and a garage "in
danger of collapse."
In late-2000, Zoning Enforcement issued another citation, for outside storage of junk
and building materials. Housing Department staff assisted with this enforcement. The
owner successfully challenged this citation and the action was dismissed in court, in
January 2001.
An August, 2003 inspection by the Zoning Enforcement Officer noted illegal storage of
an unlicensed vehicle and trailer on the property. A September reinspection noted
compliance with the order.
A September, 2003 letter from Kevin and Mary Ellen Muelenkamp, owners of 422 Burch
Street, sent to the Planning Department noted the following:
The Animal Control officer has made several visits to the site, to set traps
to catch the many cats and raccoons living in the property, "for the past
two years."
Garbage and construction debris from the site being strewn about the
neighborhood after stonns. . . - -- -... - -
Use of the site by the owner for storage of construction materials, vehicles
and equipment used at other job sites.
In September, 2004, a citation was again issued by Zoning Enforcement, again for
storage of a construction trailer on the property. The owner was found in violation of the
ordinance in October.
At the direction of Corporation Counsel, a 6O-day order to repair was issued by Housing
in September 04. A reinspection conducted on 5 November determined substantial
non-compliance with the order. Violations include:
1. Roof is not weather-tight and does not prevent exposure to rain and
deterioration of the structure. Areas of the roof remain covered with
plastic tarp, with no shingles installed.
2. Door and window openings are not weather-tight and do not provide
security against unauthorized entry to the building. Openings remain
covered with plastic.
3. Sheathing is not weather-tight and does not prevent exposure to rain
and deterioration. Substantial areas remain unpainted and/or with
only sub-sheathing (not siding) installed.
4. Construction materials remain stored throughout the exterior of the
property, providing potential harborage.
The inspector did note that sometime after 1 November the owner has erected
scaffolding and has made some effort at painting exterior areas of the structure.
2
A November 18 reinspection noted that the owner has covered some window openings
with sheets of plywood. Mr. White states that at this time he is willing to resume
renovation activities on the property, in the interest of complying with city enforcement
actions.
Discussion
The Legislature in its latest session passed Senate File 2291: "An Act relating to local
government authority to encourage development and rehabilitation of certain real
property. . ." It provides for a city in which an abandoned building is located to petition
the court to enter judgment awarding title to the city. In determining whether the
property meets the definition of an abandoned building, the court will consider the
following factors:
1. If property taxes or special assessments are delinquent
2. if any utilities are currently being provided to the property
3. if the building is unoccupied
4. if the building meets the city's housing code as fit for human habitation
5. if the building is exposed to the elements, such that deterioration is occurring
6. if the building is boarded up
7. past efforts to rehabilitate the building
8. pn:isenceofvermil1,-accumulation of debris, uncut vegetation
9. efforts expended by the petitioning city to maintain the building
10. past and current compliance with orders of the local housing official
Upon filing of the city's petition, the owner has 60 days to comply with orders of the local
housing official to abate deficiencies. Subsequent to that deadline, the court will
determine whether the owner has made a good faith effort to comply
with those orders. If the court decides that such effort has not been made, and that the
property meets the statutory definition of an abandoned property, a judgment may be
entered, awarding title to the property to the city. Title will be awarded free of all liens,
claims and encumbrances.
If title is awarded to the City of Dubuque as a result of this action, the Housing
Department would in turn publish a request for proposals, for the purpose of soliciting
interest in acquiring, rehabilitating and reoccupying the property.
Recommendation
It is recommended that the City Council approve the request to pursue legal
proceedings under the statute to acquire title. Enforcement history indicates that the
owner has been provided sufficient opportunity to address the problems at this property
and that he has been unable to sustain a satisfactory effort to do so.
The property - an impressive, historic home - is located in a neighborhood of well-
maintained houses. It presents a blighting influence, potentially reducing property
values, and has caused long-standing concerns to owners of other homes in the
neighborhood.
3
Action Step
The action requested of the City Council is to authorize the Housing and Legal
Departments to petition the District Court to enter judgment awarding title to this
property to the City.
cc:
BaITy Lindahl, Corporation Counsel
Attachments:
1. June 24, 2004 letter to Housing Department from Kevin & Mary Ellen
Muehlenkamp, neighboring property owners
2. September 10, 2003 letter to Planning Department from the Muehlenkamps
3. August 29, 2003 memorandum from Housing Department to City Manager
4. August 26, 2003 memorandum to Kathy Lamb, Senior Housing Inspector, from
Susan Brenr'cH"!, Zpni!19 Enforcement Offi~
5. January 23,2001 judgment from Dubuque District Court
6. April 20, 1999 letter to owner from Gerald Stoffel, Building Inspector
4
September 10, 2003
~ ~s: ~)D W ~,@
Zoning InformationlEnforcement
City Hall
50 W 13lhStreet
Dubuque, IA 52001
CITY OF DUBUQUE
PLANNING SERVICES DEP.4RTMENT
.j....
RE: Property located at 425 (?) Burch Street (John White), DBQ, IA 52001
To Whom It May Concern:
This letter is in regards to the property located at 425(?), John White property, Burch
Street. This house has been under construction ever since we moved into our home (422
Burch) over four years ago (1999). The construction on this home has gotten worse over
the years, not better??? We have so many concern with this property/house, here they
are:
. Health hazards-there has been several animals living in this home. Animal
control has been to our house several times to set traps to catch the many cats that
have made this house therr home. To date, animal control haScaugh.t 4-cats,ancl
there are still more cats living in the home. These cats have been roaming the
neighborhood for the past two years (more cats over time) and have been running
around tile neighborhQod like crazy. These cats are starving and sick, thus the call
to animal control. There are also raccoons living in the home.
. Danger to small children- We have seen children from time to time playing in the
back yard of this home and are concerned for there safety and welfare. There are
several pallets stacked up inthe yard, scaffolding and ladders left set up, and junk
lying around, which might hurt small children.
. Degradingto existing homes around this property. Since this house seems to be
an ongoing project with the owner, as he only works on it a few weeks out of the
year, and doesn't seem to get anything done, we truly believe that this will bring
the property value down to the other homes next to it. The home next to ours has
been up for sale for a year now. I am sure it is not selling because of the big
eyesore of a mess across the street from it.
. Garbage flying around neighborhood. The shingles, plastic and other "stuff' fly
off this house every time we have a bad storm. We end up having to clean up our
neighborhood every time strong winds come up because of all the "stuff' that
fly's off the house.
. Using the house for his construction storage and as ajunkyard. He brings in his
work trucks and trailers, which are loud, and unloads them and goes to a different
job site. Then at night brings his van back or skid steer, loads and goes again.
. Using the yard for his construction storage.
. A big eye sore for the entire street.
. In a conversation with Monica Ackley (she married us at our home on Burch) she
asked us about the property. We told her what we knew. She mentioned that she
was the magistrate that oversaw his case in the past case regarding his property at
Burch, and how she now regrets her decision to give hin.1 more time and another
chance, as she trusted him with his words on how the property would be
completed soon. This was how many years ago?
Our question is: How can we get the owner of this property to complete his construction
of his home. The way it looks, it will take another ten years forpim to complete this
project. Someone needs to stop by this home and take a look at how many city codes this
property is in violation of.
Sincerely,
1f~ i 1J{dctur.~ '1r1~r>f
Kevin & Mary Ellen Muehlenkamp
422 Burch Street
Dubuque, IA 52001
563-584-0863
. F
cc. Health Services
Planning Services
Animal Control
Building Permits and Inspections
Housing and Community Development
Neighborhood Development
Permits
Fire Prevention Office
City Manager
September 15,2003
Kevin and Mary Ellen Muehlenkamp .
422 Burch St.
Dubuque IA 52001
SUBJECT: Property at 409 Burch Street: Owner: John White
1ft! 1
Dear Mr. andNl'rs, Muehlenkamp:
It is my understanding that a few weeks ago, Mr. Muehlenkamp talked to Susan
Brennar. a memD~f af, our enforcement staff, about the enforcement history of the_
property at409 Burch 'Street, including existing conditions. In addition, you discussed
the limitations with respect to zoning regulations. At the time, you were referred to the
Housing Department and Building Services Office for further action because those
departm~nts were undergoing inspections of the conditions at this property, which you
werec,p<<ce!1l~d ab9ut.
ffifAt;gust' 2~, 2~~j~usan also looked at Mr. White's property at 409 Burch Street
revealing a zoning, vi6lation. It was found that Mr. .White was unlawfully storing an
unlicensed van on',his property. A notice was sent to him requiring that he remove the
, . improperly stored vehicle, which he did. We did not observe any other zoning
violations at this time. On September 11th, a re-inspection of Mr. White's property was
made, finding no zoning violations at that time. '
If I can be of further assistance, please let me know.
//1/
>/ ':-/
ii
,si~cerely ,
':~ura Carstens
".;j)l~noing Services Manager
Thursday, June 24, 2004
David Harris
Housing and Community Development Department Director
%City Hall
50 West 13th Street
Dubuque, IA 52001
Dear Mr. Harris:
This letter is in regards to the property located at 425 Burch Street. John White is the
owner of this property. I am sure you are aware of this property. We have contacted the
City ofDBQ with letters and numerous phone calls regarding this property. I am
enclosing another article from The Des Moines Register. This article isa follow-up from
the previous article we sent you last Nov. 2003.
We live across the street from this property, at 422 Burch Street. Mr. White has not
worked on this property for the past 6 months. You had written us a letter last year
stating you were checking into why the city is allowing this property to continue to be an
eyesore to our neighborhood. Is there any way to have this property condemned and have
it tom down? That seems to be the most logical answer to our problems, since Mr. White
obviously has no intentions on ever completing the renovation of his property (dump)
located on Burch Street and the one he owns on Jackson Street. It seems this project has
been ongoing for the p8.:>~ 15 years??
I know that we have written you several letters about this property, but we feel that
nothing is being accomplished in getting this issue properly taken care ,of.
Can the city please do something about this property?
Thanks you for your kind consideration at making our neighborhood a nicer place to live
in and look at.
Sincerely,
-K~ 1 7Yl.~~
Kevin and Mary Ellen Muehlenkamp
422 Burch Street
Dubuque, IA 52001
563-584-0863
Cc. Michael Van Milligen, City Manager's Office
(!(. .~tJ(1 hL{'~rM, M'Ayvr i/~ ~q
~
...c ~"
CITY OF DUBUQUE, IOV'vA
MEMORANDUM
29 August 03
To: Mike V~'t~illigen, City Manager
From: DaVi~~rriS, Housing and Community Development Department
Re: Burch Street complaint
The attached memo and supporting materials, from Sue Brennan, do a good job
of outlining our on-going problems with John White regarding his property at 409
Burch. You had sent me a complaint on this last week and Iwanted to provide
you a follow-up on our enforcement actions.
I believe, hO'l,."ever, that we should consider some lamer issues, as Sue mentions
....
in the memo. These have to do with the lack of our legal authority regarding
monitoring of construction sites.
The basic problem is that, once an owner obtains'a building permit, it becomes
very difficult to enforce a standard for the exterior appearance of the
property/structure, and this can result in an eyesore and accompanying citizen
complaints. In the great majority of cases, the owner is responsible and
continues with the project until completion. But for cases like Mr White's, the
rehabireconstruction work can go on for a very long period of time.
The question for us is when to enforce. The Burch Street property is not an
occupied dwelling. So is our option to monitor it according to our vacant-
abandoned ('vAB) enforcement program standards? Or is a "construction"
project, and thereby exempt from that enforcement? When does it become a
"problem property" rather than only a construction project?
I think Sue makes the point well, as she recommends that time restrictions be
imposed on completion. Those standards don't exist in any ordinance at this
time, as I understand it.
There are a couple of other related issues that we could also consider at this
time. One concerns fire-damaged properties. It appears that there is a "gap" in
our enforcement programs regarding these properties~ When a home burns and
is vacated, we have the authority to require it be boarded and kept secure from
entry. That's the VAS prog.ram enforcement. But what appears to be missing is
a procedure for determination of the structural integrity of the building. I think we
need to require that this be done, in order to determine if it safe to allow the
building to remain standing or if it needs to be demolished.
One other enforcement issue concerns dumping. As I am informed by Kathy
Lamb, we also appear to have a gap in our enforcement procedures regarding
this problem. We appear to allow dumping for the purpose of tilling a lot, for the
ultimate purpose of building on the lot. However, we have cases where this
dumping is occurring over long periods of time - even years - and the
accompanying eyesore and potential safety hazard is an unfair burden on a
residential neighborhood, in my opinion. In addition, no standards apply to the
type of till: hazard debris may be part of the fiU. And again, where this is
occurring in built up neighborhoods (particularly as in-fiU projects involving vacant
lots), we have very ugly situations and no enforcement authority.
If you are interested, I could suggest that weconvene's meeting to discuss these
issues. .
cc:
Laura Carstens
Rich Russell
THEClTY OF ~
DUBfici'uE
~~~
MEMORANDUM
August 26, 2003
FROM:
Kathy Lamb, Housing Supervisor
Susan Brennan, Zoning Enforcement Office,Jt>
TO:
SUBJECT: 409 Burch Street
. This memo is in response to a complaint reported to Mike Van MiUigen concerning the
poor condition of the property at 409 Burch Street. The unoccupied house is owned by
John Henry White, whose last known address was 1620 Wyngate Drive, Apartment #6.
Since 1996, this property has presented problems in terms of maintenance. A
chronological history follows.
The single-family dwelling is situated ona large lot. The home has been the subject of
a major restoration since 1996 (and possibly before). Mr. White serves as his own
contractor for his home improvements. The project has been ongoing with work
occurring sporadically when Mr. White has spare time. Based on my knowledge, the
house has been in some degree of disrepair since 1996, with construction material and
debris stored outside the premises, including scaffolding and large piles of used lumber.
Housing Supervisor Kathy Lamb, Building Inspector Jerry Stoffel and I have aU
attempted to address problems with this property.
On September 30,1996, I issued a citation against Mr. White for failure to maintain his
yard and for outside storage of construction material and auto parts. The defendant
appeared in court and admitted the violation. Mr. White paid a $50 fine and $30 court
costs. Magistrate Lang issued an order permitting Mr. White to keep stacked firewood,
shingles for his residence, and stacked bricks for his chimney. At that time, the only
building permit outstanding was for re-roofing equal in value to $975.
On April 20, 1999, Jerry Stoffel wrote Mr. White about several Code violations (see
letter attached), including building materials and debris being stored in the yard of Mr.-
White's residence.
Memo to Kathy lamb
409 Burch Street
Page 2
On February 8, 2000, thenome suffered a fire. At the time, Mr. White was living in the
home with his son. Captain McMahon said the fire was determined to be "accidental"
and likely caused by an improperly converted furnace from coal to fuel. According to
Captain McMahon, Mr. White had insurance, which paid-out an unknown sum for his
loss.
In June 2000, Mr. White obtained a building permit for re-roofing the home equal in
value to the amount of $1,600. The re-roofing building permit was the only pending
bUilding permit in September of 2000, when another complaint was received about the
junk and overall condition of this property.
After unsuccessfully attempting to work with Mr. White to get him to clean up his
property and secure the proper building permits, he was again cited for outside storage
of junk and building materials by the Planning Services Department. Jerry Stoffel and
Kathy Lamb assisted with this endeavor. This time, Mr. White hired an attorney and
challenged the Zoning Ordinance he was cited under. .
-
The Zoning regulations address property uses in broad terms and speak of
"maintenance of the yard" in a general sense, and only as being "a continuing obligation
of the owner of the property.n The Zoning regulations do not specifically addressor
prohibit outside storage of junk and other material. The exception is the storage of
inop~rable vehicles;
Magistrate Monica Athley ruled in favor of Mr. White and dismissed our action (see
order attached). The court's ruling was not surprising. Our Health, Housing and
Building Codes (plus Nuisance Ordinance) also regulate the same activities, but in a
much more specific manner.
A positive result of the issuance of the citation was that Mr. White immediately obtained
a building permit to build a garage and 12' x 15' foundation for a future two-story
addition.
About three weeks ago, Building Inspector Dennis Hackbarth contacted me about the
conditions at this property, and was going was to review whether Mr. White had applied
for all the necessary permits for his ongoing restoration project.
I recently inspected the premises for any zoning violations and found Mr. White was
unlawfully storing an unlicensed vehicle and a trailer on his property. A notice will be
sent to him requiring that he remove the improperly stored vehicles. I did not observe
any other zoning violations at this time.
Based on my experience, the court has been somewhat reluctant to order the removal
of construction material or even construction debris when a construction project is
underway. The Building Department might want to review the current restrictions with
Memo to Kathy Lamb
409 Burch Street
Page 3
respect to storage of building matertals for possibly amendments to the Code in the
future. Under City Code 11-60(d), concerning Demolition of Buildings, "...all "pieces,
parts, scraps, debris, rubbish and organic material from the building... shall be cleaned
daily unless otherwise specified on the permit.n To minimize the current problems
produced at construction sites in terms of debris and storage of materials, it is also
recommended that time restrictions be imposed on completion of construction projects.
For example, under Section 11.60(c), "All buildings relocated or moved must be made
ready for occupancy within 120 days from the time the building permit is issued." No
such requirement currently exists for any other construction. The only requirement is
that the building or the job begin within so many days from the time the building permit
is issued.
If I can be of further assistance, please let me know.
SB/mkr
Attachments
cc: Laura Carstens, Planning Services Manager
Rich Russell. Building Services Manager
.
.
...... '-.-
_... -----.. -.-...-.
IN THE IOWA DISTRlCT COURT, IN AND FOR DUBUQUE COUNTY
FILED
CITY OF DUBUQUE > 01 JAN 23 AM 8 11
Bl . riff( 1.
~~i1l'\sUF DIST. COUJ:n
vs. DUBUQUE CO. IOWA'" CICV044063
JUDGMENT
JOHN HENRY WHITE
Defendant(s)
This case came before the court for trial on December 14,2000. The Defendant bad
previously denied the allegation that he had violated City Ordinances 2-7.2 and 3-1.4. The ordinances
requirecontinumg maintenance oftbe yard.
The Defendant's house suffered a fire that resulted in heavy damage. He undertook the task of
refurbishing the home, but it was taking quite a bit of time. In the early fall of2000, the outside of the
home had debris all over the place, including scaffolding, lumber, fasteners, tools, household
appliances and other various contents of the home. The Defendant receiveda.noticethat h_en~ded to
clean up the area. When he failed to do so to the satisfaction of the City, a citation was issued.
The Defendant explained that the project was tedious and ongoing. Some of the items that
were seen in the yard were building materials and were not in the same location or in the same quantity
on a regular basis. The household appliances were stored underneath plastic covers and other attempts
were made to cover the building materials so that they would not be an eye sore.
The City asserted that the building materials were being stored on the land for use at other
construction sites being worked on by the Defendant. Additionally, any accessory use of the property
did not include continuous storage of any materials.
The ordinances cited herein are fairly vague as to what is a permissible accessOl)' use and what
is not The ordinances do not spell out what regular maintenance is required in order to be in
compliance with the directives. The project appears to be a very large undertaking and it does show
signs of constant flux.
The burden is on the City in this matter to prove the violations and that burden has not been
met here. The action is hereby DISMISSED.
DONE AND ORDERED TIllS
'.
)3 '" ' DA:O~dA-~.
'1/)..";,, D ,. ~'
11./fJF~ .. . .. -")'~-
MAGIS
, 2001.
Building Safety Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 589-4150
John Henry White
409 Burch St.
Dubuque, IA 52001
April 20, 1999
DUB~
~~~
Re: Dwelling & Detached garage at 409 Burch St.
Dear Property Owners:
I have recently inspected the above mentioned property and observed the
following conditions which I believe to be a violation of the Dubuque-
Building Code:
1.
You were issued a building permit #33795 on 11/28/95 which has expired.
The shingles have been partially removed from the house and the weather
protection has not been maintained. P.n approved method of providing
weather protection shall be installed. .
\
.
2 .
The guardrail . has been removed from the front porch.
guardrail shall be installed.
An approved
3. The detached garage has been allowed to deteriorate to a point where
I believe that it poses a hazard to the general public. Roof sheathing
has been removed, the ridge line is sagged, the walls are racked and
out of plumb. This structure appears to be in danger of collapsing.
4. Scaffolding and building materials and debris are being stored in the
side and rear yard of this residential property.
UBC Sec. 104 (d) requires that all buildings and structures, both existing
and new, and all parts thereof, shall be maintained in a safe and sanitary
condition. The owner or his designated agent shall be responsible for the
maintenance of buildings and structures.
You or your designated agent shall contact me by phone at 589-4156 or in
person at the Building Services Department of the City of Dubuque at City
Hall, 50 West 13th St. within five (5) working day of receiving this letter
between the hours of 8 A.M. and 5 P.M. to establish methods, materials and
a time table for the abatement of these safety hazards.
Respectfully,
JJ f lCffA
Gerald P. Stoffel
Building Inspector
cc: Rich Russell, Building Official, City of Dubuque ~
Sue Brennan, Zoning Enforcement Officer, City of Dubuque ~
Service
People
Integrity
Responsibility
Innovation
Teamwork
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".1. IT nUU,).LNl.]
III 008/011
H&CD
Housing and Community Development Dep~ent
General Housing Program
1805 Central Avenue
Oubuque,Iowll 52001-3656
(563) S8~1 phone
(563) 589-4244 fax
09/01/04
DUB~
~~~
JOaN HENRY. WHITE
3 60 BORC.H
DUBUQUE, IA 52001
RB: 409 BURCH ST
VAB409 - 1 UNIT/UNITS
DEAR HOUSING PROVIDER:
A housing inspection was performed at 409 BURCH ST on
09/01/04, as required by our housing ordinance. The legal
description ~f the property inspected is as follows:
LOT 4 BURCHS SUB.
The inspector I s findings are noted OIl the attached list - The
report identifies the necessary repairs and locates them by the
room or area of the dwelling where they exist.
A rei~speetion is scheduled for 09/10/04 at 01:00_ If this
date or time is inconvenient or you need more time to make repairs,
please call Bobbi at 589-4231 to arrange for another time. If you
have questions about your inspection, please contact Kathy Lamb,
sen~or Housing Inspector 9~ me ~t 589-4231. I am normally in the
off~ce until 8:45 am, from 1~00 pm until'1:30 pm and after 4:00 pm
daily. I am not expecting that all violations co be corrected at
this time. However, I am expecting to see effort toward compl.iance.
I can grant additional time to make repairs as long as effort is
ehown. . '. .
Ple~se note, prior to beginning any work you should check with the
Bui+ding Department (589-4150)~d the Hi~toric P~eservation
Commission (589-4213) to determine if a permit is required. If you
wish to appeal this notice to the Hous~ng Code Appeals Board, an
Appeal Form is enclosed with this inspection report.
with us ~n providing quality'housing!
Housing
cc: file - :2
04-00655
OTHER
Department
- Service
People
Integrity
Rsporasfblllty
Innovation
Teamwork
V.1. I I .,UUO.LI.U
~I)II)/Ull
BACH I'T.KM TO BE RBPADmD WILL BE LISTED BY ITS LOCATION. CODE SECTION ~
PROBLEM DBSCRIP1"ioH. ALSO. THOSE, REPAIR I"l'DJS LISTBo. WiTH '.AN .. nimi::tATrID.
THAT mIs'iTEM APPEARS 'To BE THE'REaPoNsmiJ:;:I'l'Y OP TIm TB1mNr TO ~PAi:R.
." " .. .. . .
** 409 BORCH ST **
__n__ **"'--O"4~=OO~o-:~': -~-' -, ----.. ---"
--iocAnOR' OF VIOLATxOti.:.-
--CODE SBCl"IQR--
- -EXPBC'rim RBPArRS--
---------------------------------------------------------------------------
.' '. . . . .
BLDG'
EXTERIOR
2,6::-10., (g) (3) b.
BLOG
EXTERIOR
,2.6-10. (g) (3) a.
'BLDG,
EXTBRIQR
.26'-10. Cd) (2)
BLDG
EXTBRIOR
26-10. (j) {3.>b.
BLOO
SXTER.IOR
26-3. (b), (i) h.
SBE COMMENT SECTION AT THE END OF THE,REPORT.
,S~E CO~ SECTION ,AT THE END OF ~ REro~T.
. SEE COMMENT ,SECTION ,AT THE END OF THE, REPORT.
SEE COMMENT SECTION AT ~ EN!? OF THE RE~RT.
SEE COMMENT 'SECTION AT THE END OF THE'REPORT.
. . ..',
BLOG
ROOF
26-10. (g) (3Ja. SEB COMMENT SECTION AT THE END OF 'niB REPORT.
~*COMMENTS - 409 BURCH STRBET**
WHEN BVBR THE OWNER PERMI'ES A' BUILDING TO DETERIORATE OR BECOME
DILAPIDATED OR BLIGliTED TO THE EXTENT THAT THE EXTERIOR OF THE
BUILD~ DOES NOT COMPI.Y WITH SECTION 26-10 OF 'rHE HOUSING CODE, THE
HOUSING OFFICER SHALL ISSUE, WRITl'BN NOTICE, DI,RECTING THE OWNER 'oF
SUCH BUILDINGS TO REMEDY SUCH DEFECTS. '
1. EVERY EXTBRIOR. WALL AND ROOF MUST BE SUBSTANTIALLY WEATBERTIGllT,
,~ATERTIGHT, RODENT PROOF AND MAINTAINED IN GOOD REPAIR. ROOF IS
COVERED WITH PLASTIC AND SIDEWALLS ARE OPEN. BUILDING Mt7ST BE
MAINTAINED WEATHER AND WATER "TIGHT - ALL BUILDING OPENINGS MUST BE
P~OPERLY SEALED. ' BUILDING WALLS ARe OPEN. THIS WAS ORDERED. REPAIRED
WIT1IIN 30 DAYS OR BY OCTOBER 1, 2004. AS OF THIS DATE (1.1-05-04), THE
BUILDING OPENINGS HAVE NOT BEEN PR.OPERLY REPLACED, SEALED AND/OR
MAIN';!:'AINED WATBR - PROOF.
.2. THE ROOF ALSO WAS TO BE REPAIRED BY OCTOBER 1, 2004. A FINAL
COMPLIANCE DATE OF ,BY OCTOBER 29, 2004 WAS GIVEN. ROOF BAS NOT BEEN
PROPERLY REPAIRED AND IS STILL COVERED WITH PLASTIC.
3. EVERY EXTERIOR. DOOR AND WINDOW MUST BE WBATRERTIGHT AND
WATERTIGHT, RODENT PROOF ANn KEPT IN GOOD REPAIRS. ALL BUILDING
OPENING MUST BE PROPERLY SEALED, SUCH AS GARAGES, WINDOWS AND DOORS
WITH SOLID MATERIAL. WINDOW GLASS AND DOORS MUST BE PROPERLY PAINTED
AND/OR STAINED AND PROPERLY INSTALLED IN PLACE. NOTE: WINDOWS AND.
\,J..L 11' nuu,,)J.nl.;I
1lI011/011
WATE~TIG~, RODENT PROOF AND lqSPT IN ~QD R,EP~;I;RS. ALL BUI,LDING
OP~ING MfJST BE PROPERLY SEALED. SUCH AS GARAGES, WINDOWS, AND DOORS.
WINDOW GLASS AND .DOORS MUST Bli: PROPERLY; ''PAINTED AND/O~ ST1\:rNm> AND
P~OPERLY INSTALLEX) IN PLACE. NOTE'; wINDows AND DOORS VISIBLB 'FROM
THE STREET SIDB MAY NOT' ~B, COYB~ WI'Ui .PL:YWOOD OR PTHBR MATERIAL ON
~ STREET SIDE ( WINDOW ~ DqOR OP.BNING~ MAY BE ~OVERED IP COVERING
MATERIAL IS 'CUT 'TO FIT THE OPENIEG AND 'PROTBCTED WI'TH PAINT OR
CHEMICAL 'PRESERVATION', 'fHIS MUST BE COMPLIED' "TO' ~y Ocrc:)~ER. i; 2Q04.
5. THE SITE AND NEIGHBORHOoD.'MOST NOT 'ACCUMULATE ~ MATER'IAL IN SUCH
A MANNER. THAT THEY MAY PROVIDE HARBORAGE FOR RODENTS. ELIMINATE THE
STORAGE OF CONSTRUCTION MATERIAL ON RESIDENTIAL YARDSPACE. COMPLY BY
. -." --- Sl!ll?T-;;-j;()-~" 2604. : ...--......---,. -"- --;---7.~' ,-_: " ..- -- -----. .-.. ----.--
6. EVERY DOOR AND WINDOW ASSES$IBLE FROM OUTS IDE THE UNIT MUST BE
LOCKABL~ AND .MAINTAINED SE~ AGAINST UNAUTHORIZED ENTRY. d)~LY BY
SEPT '10; 2004 _' ',' . ,
? ~OVE ALL HANGING TARP~ AND PLASTI,C IM,MEDIATELY. COMPLY BY SEPT.
J.O" ,20,04 - ,,'
FAILURE TO COMPLY SHALL RESULT IN THE CITY HIRING A PRIVATE CON'l'RACTOR
TO MAKE THE NECBSSARY REPAIRS AND Tim COSTS WILL BE AsSESSED AGAINST
~ ~.ROPBRTY IN THE SAME ~R THAT PROPERTY TAXES ~ ASSESSED.
EXTENSJ;ON OJ!' TIME MAY BE GRANTED WI~ GOOD. CAUSE BUT: CAN NOT BE,
G~ BEYOND SIXTY,(60) DAYS FRO~ ~EPT. :1." ~Od4 OR B~ NOVEMBER. 1,
2004. . '
'-'J.r y nUU~.lrHi
14l00S/011
H&CD
Hawing and Community Development Department
General Housing Program
1805 CentmI Avenue
Dubuque. Iowa 52001-3656
(563) 5894231 phone ORDER FOR IMMEDIATE REPAIR
(563) SEI9--4244 fax
www~ubuque.org
10/0a/04
JOHN HENRY WHITE
360 BURCH '
DUBUQUE, .IA 5200~
RE; 409 EURCH ST
VAB409 - ~ UNIT/UNITS
DEAR HOUSING PROVIDER:
~E
~~~
A housing inspection was performed at 409 BURCH ST on
~O/O1./04, as required by our housing ordinance. The legal
description of the property inspected is as follows:
LOT 4 BORCHS SUB.
The inspectorts findings are noted on the attached list. The
repo~ iqe~~ifies the ~~cessary repairs and locates them by the
room or area of the dwelling where they exist.
TBESB REPAIRS ARE OF A SERIOUS NATURE WHICH REQUIRES IMMEDIATE
ATTENTION. A LIST OF. LESS SERIOUS NEEDED REPAIRS WILL FOLLOW AT
A LATER TIME. - WE REQUIRE THAT' THESB REPAIRS BB MADB IMMOIATELY.
A reinspection is scheduled for 10/29/04 at 10:30. If this
date or time is ~convenient or you need more time to make repairs,
please call Bobbi at 589-4231 to arrange for another time. If you
hav:e ~estions ~out your inspection, please contact,Kathy Lainb,
Seni~~ Housing Inspector o~ me at 589-4231. I am normally in the
offi~e until 8: 45 am, from 1: 00 . 'pm until 1.: 30, pm and' after" 4: 00 pm
dai+y. ,I am not.~ expecti~g that all violations to be' corrected at
this' time. However, I am' expect.ing to see effort toward co~li:ance.
I can grant additional time to make repairs as long as effort is
shown.
P17ase not~, prior to beginning ~ny work you shou~d check with the
BU1lding Department (589-4150) and the Historic Preservation
Commission (5B9-42~3) tq determdne if a permit is required. If you
~~eh to ~ppea~ this notice to' the Hou~ing Code Appeals Board, an
Appeal Form is enclosed with this inspection repo~t.
~:.: :0:" ~i:JW~h us
~ EEN F. ~-v.-__
Housing SerVices Department
cc: file - 2
04-00655
in providing quality housing!
Semce
People
InMgrily
~DIISl'bi1ity
lmIoYatfon
Teamwork
....ol I' nUU0J.nlJ
IlJ007/011
.'
SACB: rrBM TO BE REPAIRED WILL BE LI~TBD BY ITS LOCATION.I CODB. SBC'l'IOl.i AND
PROBLBM DES~IPTION.. 'ALsO, TBQSB Rl;PAIR ~TEMS ~IS~ w;rrJ!l Ali 'I' ~;r~
THAT TilIs "ITEM APPEARS TO BB THE RESPONSmILITY OF THE TENANT -ro ~PAIR..
, . .
** 409 ~URCB ST **
** 04-0Q6S5 *-
--LOCATIOIJ '01', vrOLATION--
--CODE SBCTIOH--
- -EXPBCrBD RBPAIRS--
----------------~----------------------------------------------------------
. ,
BLOG
EXTERIOR
26-10. (g) (3)b.
BLDG
EXTERIOR
26~10. (g) (3) a.
B+J)G
EXTERIOR
2S-10. Cd) (2)
S~2 COMMENT SBCTION AT THE ~ OF THE REPORT.
SEE COMMENT SECTION AT '.J."HB E;ND 0' THE REPORT.
. .' .
SEB CO~ SBCTION AT THE Elm Q~ ~ ;UPORT.
BLDG
EXTERIOR
26-10. (j) (3)b.
SLOG
EXTBRIOR., . '
26-3. (b) (1) h.
SEE CO~ SE~ION AT ~. ~ OF 'TIm RE~ORT..
SEE CO~ SSCTIO!f, AT THE END OF Tas REPORT.
SLOG
ROOF.
26 -10. (g) (3) a. SE~ GO~, SBCT.ION AT TiiE END OF ~,~PORT.
*~CO~S :- 409 ~URCH STUET** , '. , ,. ',' '.
WHEN, BVBR THE OWNER PERMITS A BUILDING TO. DETERIORATE OR,. BECOME
DILAPIDATED OR BLIGHTED TO TIm EXTENT THAT TIm' EXTERIOR' OF Tn
BUILDI;NG DOBS HOT COMPLY WITH SECTION 26-10 .01' TBB ,HOUSING CODS, THE
HOUSING OFFICBR SHALL ISSUE WR.ITTEN NOT:ICE, DIRECTING THE oWIf,im OF
SUCH BUILDINGS TO R:DmDY Sl:fCH DsncrS.' ,
1. EVERY EXTERIOR WALL AND ROOF MOST BE SUBSTANTIALLY WKATHERTIGBT r
WATERTIGHT, RODBNT PROOF .AND MAINTAINED IN GOOD REPAIR. ROOF IS
COVERED .WJ:TH PLASTIC AND SIDEWALLS ARB OPEN'. BUILDING MUST BE
MAINTAINED wEATHER AND WATER TIGHT :-. ALL 'BUILDING OPENINGS. MOST BE
PROPERLY' SEAL~. . BUILDING WALLS ARB OPEN. nus WA$ QRDimED REPAIRED
WITHIN' 30 DAYS OR BY OCTOBER 1, 2Q04. A FINAL COMPLIANCE DATE OF
OCTOBER 29, 2004 MUST BE MET. '
2 . THE ROOF. ALSO WAS TO BB REPAIRED BY OCTOBER 1, 2004:. A F.INAL
COMPL~CE DATE OF BY OCTOBER 29, 2004 IS GIVEN AT THIS TIME.
3 _ EVERY EXTERIOR DOOR AND WINDOW MUST BE WEATHERTIGHT AND
WATERTIGHT, RODENT PROOF AND KEPT IN GOOD REPAIRs. ALL ~UILDING
OPENING MUST BE PRO PERL Y SEALED, SUCH AS GARAGES, WINDOWS AND DOORS
WITH SOLID MATERIAL. WINDOW GLASS AND DOORS MUST EE PROPERLY PAINTED
AND/OR STAINED AND PROPERLY INSTALLED IN PLACE. NOTE: WINDOWS AND
DOORS VISIBLE FROM THE STREET SIDE MAY NOT BE COVERED WITH PLYWOOD OR
OTHER MATERIAL ON THE STREET SIDE, WINDOW AND DOOR OPENINGS MAY BE
. _ t _ . t _ v v -....- I I . "- V I Tl/\
vJ.IY HUU~LNI;j
I4J 008/011
'covmum IF COVERING MATERIAL IS ,CUT TO FIT 'l'HE Q~EN~NG AND l?RO~CTIW
WfTH :I?AI~ QR caEMI~, P~~E~YAT.ION. ~IS WAS TO BE COMPLIEP,' To BY
O~~~ ':1, 2004. .A F..INAL ~L~C:S, DATE OF OCTOBER 29" ~OO:4 IS .
G~. ." . " ,
4'. ,THa SITE A:N'P NEIGHBORHOOD MU~T NOT ACCUMULATE ANY MATERIAL IN SUCH
A MANNER THAT '1'HBY MAY ~ROYI:CB HARBORAGE FOR RODENTS. .ELIMINATE THE
. ST6~E OF CONSTRUcrION MATBR.:IAL ON RESIDENTIAL YARDSPAcE. COMPLIANCE
'BY: -SEP'!' ~ 10,' 20'04 wAS ORDERED.' A FINAL CoMPLIANCE DATE OF. QCTOBER
29, 2004 IS GIVEN. .,' ...
5. EVERY DOOR AND WINDOW ASSBSSIBLB FROM OUTSIDE THE ONIT MUST BE
LOCKABLE AND MAINTAINED SEctmE AGAINST 'UNAUTHORIZED ENTRY. COMPLIANCE
BY SB~ 1.0, 2004 WAS O,RDERB:o. A JrI~ 'C~PLAIN~ :pATE OF ~CTqBER 29,
2004 IS GlU.NTBD. ' , ' ,
6. RBMQVE ALL HANGING TARPS AND PLASTIC IMMEDIATELY. COMPLIANCE WAS
ORD~ ~y SEPT. :1..,0, 2004. A FINAL COMPLIANCE DA~ OF OCTOBER ~9, 2004
~S ORD~~. . ," . , .
FAILURE TO COMPLY SHALL :RESULT .iN THE crr/. ,'HIRING' A PRI~TB co~ttoR
TO MAIQI 'mE ~CBSSARY REPAI~S ~ TBB COSTS WI,LL BE ASSESSED AGAINS':t'
~ PROPBR'rY IN THE SAME MANNER THAT PRO~~~TY TAXES. ~ ASSBSSED.' .
EXTENSION' OF TIME MAY BE GRANTED WITH GOOD CAUSE BUT CAN NOT BE
GRANTED BEYON;D SIX'I'Y(60} DAYS FROM SEPT. 1, 2004 OR BY'NOVEMBBR 1,
2004. ' . .
. _. _ .. _ ~ .... . I . """..... I 11/\
vJ.IY HUU~LNI;j
14J002/011
H&CD
Housing and Community Development Department
Genera1 Housins Propm
1805 Central Avenue
I>I1buque, Iowa 52001-3656
(563) 589-4231 phoJ1e
(563) 589-42t4. fax
www.dtyoidubuque.org
11/05/04
JOHN HENRY WHITE
360 BURCH
DUBUQUE, IA 52001
DD~~
~c4~
ORDER FOR IMMEDIATE REPAIR
RE: 409 BURCH ST
VAB409 - 1 UNIT/UNITS
DEAR HOUSING PROVIDER:
A housing inspection was performed at 409 BURCH ST on
11./05/04, as required by our housing ordinance. The legal
description of the property inspected is as follows:
LOT 4 BURCHS SUB.
The inspector's findings 'are noted on the attached list. Tbe
report identifies the necessary repairs, and locates them by the
roam or area of the dwelling where they exist.
THESE' REPAIRS ARE OF, A SERIOUS NATURE WHICH REQUIRES IMHBDIATE
ATrBNTION. A LIST OF LESS SERIOUS NEEDED REPAIRS WILL FOLLOW AT
A LATER. TIME. WE REQUIRE THAT THESE REPAIRS BE MADE IMMDIATELY.
A reinspection is scheduled for 12/01/04 at 01:30. If this
date or time is inconv~ient or you ~eed more time to mak~,repairs,
please call Bobbi at 589-4231 to arrange for another ti~. If you
have questions about your inspection, please contact Kathy Lamb,
Senior Housing ~Dspector or me at 589-423~. I am normally in the
office until 8:~5 am,' from 1:00 pm until 1:30 pm and after 4:00 pm
daily. I am not expecting that all violations to be corrected at
this time. However, I am expecting to see effort toward compli~ce.
I can grant additional time to make repairs as long as effort is
, shown.
Please note, pr~or to beginning any work you should check with the
Building Dep~rtment (589-41.50) and the Histo~ic Preservation
Commission (~e9-421J) to determine if a permit is required. If you
wish to app~al this notice to the Housing Code Appeals Board, an
Appeal Form is enclosed with this inspection report.
~~g with us
Housing Services Department
cc: file -,2
04-00655
in providing quality housingl
Service
People
Integrlty
~ty
ImovJtiOl'l
Teamwori<
I~/~I/~VV~ I I.'~ r^^
CITY HOUSING
~003/011
..
BACH ITEM TO BE REPAIRED WILL BE LISTED BY ITS LOCATION, CODB SEC'l'ION AND
PROBLEM DESCRIPTION. ALS,o I THOSE i?E~AIR ~ LISTED WITH ~ · rNDICATED
THAT THrS ITEM APPEARS TO BE TIm RBSPONSmILITY OF TH8 TENANT TO RBP~R.
** 409 BURCH ST ** .
** 04-00655 *.
--LOCATZDH OF VIOLATIOH--
--COD~ SBCTIOR--
--EXPECTED RBPAIRS--
---------------------------------------------------------------------------
SLOG
EXTER.IOR
26-10. (g) (3)b.
SEE COMMENT SECTION AT THE END OF THE REPORT.
BLDG
EXTERIOR
26-1.0. (g) (3)a.
SLOG
EXTERIOR
2~-10. (d) (2)
BLDG
EXTERIOR
26-10. (j) (3)1).
SLOG
EXTERIOR
26-3. (b) (1) h.
SEE COMMENT SBCTION AT THE .END OF THE REPORT.
SEE COMMENT SECTION AT THE END OF THE REPORT.
SEE COMMENT SEC"J;'ION AT THE END OJ!, THE REPORT.
SEE coMMENT SE~ION ~T THE END OF ~ ~P9RT.
BLDG
ROOF
26-:1.0. (g) (3) a. SEE COMMENT S~CTION AT THE END OF THE REPORT.
YARD,
YARD , ,
26 -10. (1) (2) . SEE COMMENT SECTION AT THE END OF THE REPORT.
**COMMBNTS - 409 BURCH STREET.....
WKEN EVER. THE OWNER PERMITS A BUILDING TO DETERIORATE OR BECOME
DlLARIDATED OR BLIGHTED TO THE EXTENT. THAT THE EXTERIOR OF THE
BUILDING DOES NOT COMPLY WITH S:B~IO~. 26-10 OF Tlm SOUSING CODE, TBE
HOUSING OFFICER SHALL ISSUE WRITTEN NOTICE, DIRECTING THE OWNER OF
SUCH BUILDINGS TO REMEDY SU~ DEFECTS. .
1. MAINTAIN THE y~ SPACE IN PROPER ORDER BY ,RE~Y CUTTING ALL
ACCUMULATED WEEDS AND OVERGROWTH THROUGHOUT THE PROPERTY. THIS MUST
BE COMPLIED TO WITHIN TEN DAYS OR BY SBPT. ~OTH, ~004. BY ~:OO PM.
2. EVERY EXTERIOR WALL AND ROOP MUST BE SUBST~~Y WE,A'IimRTIGHT,
WATERTIGHT, RODEN'! PROOF AND MAINTAINED IN GOOD REPAIR. ROOP' IS
COVERED WITH PLASTIC AND SIDEWALLS ARE OPEN: BuiLDING MuST BE
MAINTAINED WEATHER AND WATER TIGHT - ALL BUILDING OPENINGS MUST BE
PROPERLY SEALED. BUILDING WALLS ARE OPEN. THIS MUST BE REPAIRED
WITHIN 30 DAYS OR BY OCTOBER 1, 2004.
3. THE ROOF ALSO MUST BE REPAIRED BY OCTOBER 1, 2004. COMPLY BY
OCTOBER ~, 2004. -' .
4 _ EVERY EXTERIOR DOOR AND WINDOW MUST BE WEATHERTIGHT AND
ILfLlf'VV~ I r.LQ r~^
1.;11Y HUU~lNI;j
141 004/011
DOORS V;J:$IBLE ~ROM. THE ,STREET SIDE MAY NOT 'BE C~~ N~~ PLYWOOD OR'
OTBEa ~TERIAL ON THE .STRE~T SrJ;)E, WINDOW ~ DOOR OP,~I.NGS MAY'BE
~O~"I:F-CPVER~NG'"""MA~~'~C01'-TO-fIT""'TBE-OP~ING:-:-XN.If~R:.OTECTED -- - -
'WITH., PAINT OR .CHEMICAL l?RESERVATION. TIirs : WAS TO BB COMPLIED' 'BY. .-
OCTOBE~ i, 2004. " A ,FINAL' COMPLIANCE DATE OF OCTOBER 29'~ "'2~O'O.. WAS"
GRANTED. 'NO COMPLAINCE AT 'THIS .TIMJi:. ". . . ,
4 . . TIm SITE.1\NI) NEIGHBORHOOD ,MUST NOT ACCDMULATE ANY MATERIAL IN SUCH
.1 t . . ....,'. '., , , . . .. . ,.
A ~ ~T .'~Y MAY . PROV~H 1JA,RBORAGE ,F,q~. RpD~~! ~r~~~~..THE
STORAGE .OF CONSTRUCTION MATERIAL ON RESIDENTIAL' ,YARDSPACE. CoM~L:t~CE
B~ S~PT. 1.0, 2004 WAS OR1?,BRBl;). A 'FI~ C.O~tIAN~$' DA~ OF OCTO~ER .
29, 2004 WAS :GI~. (NO COMPLL~CE AS 9N NOV. 5., 2004.)
5. EVER.Y DOOR AND WINDON ASSESSIBLE eROM OUTSIDB THE, .UNIT. MOST . BE
LOCDBLB AND WuNTArinm', ssCtiRE 'AGAINSt- 'UNA:mORIZEp ENTRV. COMPLIANCE
BY '~EPT '1.0, 2QO. WAS ORD$BD. '. ;l\."PINAL CO.rq~IN~E .D~TB OF O(!rO~ER 29,
2004 WAS GRANTED.. ,NO COMPLIANeB AS .OF THJ;~, '])~TE, - ':1.1-05~20.Q4.
6. RBMOVB ~L HANGING 'rARPS AND . PLASTIC , ~~TELY .' C~~~~ WAS
ORDERED BY.SBPT. 10, 2004. A FINAL COMPLIANCS'nlT2 OF OCTOBER ~9, 2004
WAS . ORDERED. 'PROPBRTY 'OWNER BAS .FAILED ro,. COMPLY AS DIRECTED.
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S8A S81 SSMa GH REI!
JOHN WHITE PROPERTY
409 BURCH STREET
DUBUQUE, IOWA 52001
Kane Appraisal & Real Estate Inc.
14858 West Ridge Lane, Suite #8
Dubuque, Iowa 52003
Ph: 563-556-2068
Fax: 563-557-8107
LIMITED SUMMARY APPRAISAL REPORT
Subject Property: John White Property
409 Burch Street
Dubuque, Iowa 52001
Date of Valuation: April 14, 2005
Legal: Lot 4 Burchs Sub. all in City of Dubuque, Iowa
Parcel Number: 10-25-177-024
Client & Intended User: Mr. Barry A. Lindahl, Esq.
City of Dubuque, Iowa
300 Main Street
Suite 330 Harbor View Place
Dubuque, Iowa 52001
Purpose: The purpose of the Limited Summary Appraisal Report is to estimate
a Present Market Value of the Fee Simple Interest of the subject property.
Definition: Market Value is defined by The Appraisal Foundation in its
Uniform Standards of Professional Appraisal Practice as "the most probable
price which a property should bring in a competitive and open market under all
conditions, requisite to a fair sale, the buyer and seller, each acting prudently,
knowledgeably and assuming the price is not affected by undue stimulus".
Implicit in this definition is consummation of a sale as of a specific date and
passing title from seller to buyer under conditions whereby:
- Buyer and seller are typically motivated;
- Both parties are well informed or well advised and each acting in what he
considers his own best interest;
- A reasonable time is allowed for exposure in the open market;
- Payment is made in terms of cash in U.S. dollars or in terms of financial
arrangements comparable thereto; and
- The price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions granted by
anyone associated with the sale.
Property Type:
Property Location:
Owner:
Date of Inspection:
Date of Valuation:
Date or Report:
Property Rights Appraised
Site Data:
Access and Visibility:
Improvement Data:
Zoning:
Legal Description:
Market Values:
2
SALIENT FACTS SUMMARY
Residential
409 Burch Street
Dubuque, Iowa 52001
John H. White
April 14, 2005 (Exterior Inspection)
April 14, 2005
April 25, 2005
Fee Simple Interest
7,800/SF or .18 acres more or less
Average/Average
2 story frame house consisting of 1 ,085/SF on
main floor, 1 ,045/SF on 2nd for a total of
2, 130/SFabove grade with a full-unfinished
basement
R-3 Moderate Density Multi-Family Residential
District
Lot 4 Burchs Sub all in City of Dubuque, Iowa
Land Value (As Though Vacant) $21,000
Land Value (As Though Improved) $11,000
Cost Approach Not Analyzed
Sales Comparison Approach $21,000
Income Approach Not Analyzed
3
Date of Appraisal: Mark P. Tressel inspected the exterior of subject property
formally on April 14, 2005.
Sale History: According to the Dubuque City Assessor the subject property has
not transferred in the past five years.
Parcel Number: 10-25-177-024
Personal Property: No personal property is included in market value. All stone
and building materials located on subject property are considered personal
property and not included.
Function of Appraisal: The function of the appraisal is to establish the Market
Value of the subject property and improvements for acquisition purposes.
Appraisal Process: The subject property consists of one rectangular parcel
consisting of a total of approximately 7,BOO/SF or .1B acres and is improved with
a 2-story frame house, which has sustained significant fire damage to interior.
Subject analysis was based on exterior inspection and considering subject house
as a shell building.
The Appraisal Process involves three approaches to value, Cost Approach,
Sales Comparison Approach and Income Approach. The Cost Approach was not
considered due to fire damage and unavailability of inspecting interior of subject
house. Land value "As Though Vacant" was estimated in lieu of Cost Approach.
The Sales Comparison Approach was analyzed comparing similar improved
properties directly to subject property. The Income Approach was not considered
due to the subject property currently being uninhabitable due to condition.
Limiting Conditions: All value estimates herein are subject to the subject
property being surveyed and platted according to the legal description
aforementioned.
All value estimates herein are subject to exterior walls, foundation and roof being
structurally sound.
Hazardous Materials: The value estimate is based upon the assumption that
there are no hazardous materials on site. We are no qualified to discern the
presence or absence of such materials (asbestos, lead base paint, underground
tanks, etc.) but are aware that they can have a significant effect upon the value of
the property. No responsibility is assumed for any such conditions, or for any
expertise or engineering knowledge required to discover them. The client is
urged to retain an environmental specialist for an assessment with regard to the
potential or existence of any environmental contamination of any kind.
4
American With Disabilities Act: The Americans with Disabilities Act (ADA)
became effective January 26, 1992. We have not made a specific compliance
survey and analysis of this property to determine whether or not it is in conformity
with the various detailed requirements of the ADA. A detailed survey could reveal
that the property is not in compliance with one or more of the requirements of the
ADA, which could have a negative effect upon its value.
Appraisal Analysis: The subject property is located on east side of Dubuque,
Iowa in a residential neighborhood near Mercy Hospital.
The Cost Approach was not analyzed due to fire damage and unavailability of
interior inspection. Land value "As Though Vacant" was analyzed in lieu of Cost
Approach.
The Sales Comparison Approach was analyzed comparing similar improved
properties directly to subject property.
The Income Approach was not analyzed due to uninhabitable status in present
condition.
Purpose and Date of Valuation: The purpose of the Complete Summary
Appraisal Report is to estimate the Market Value of the Fee Simple Interest as
represented to me of the subject property as of April 14, 2005.
Neighborhood Description: Subject neighborhood is located atop the bluffs on
east side of Dubuque, Iowa. Subject neighborhood boundaries are considered
Summit Street to the east, W. 3rd Street to the south and Hill Street to the west
and north. Subject neighborhood is predominately residential with a nursing
home, Mercy Hospital and medical offices adjacent to the south. Subject
neighborhood is considered to be in a stabilization stage with minimal vacancies
and properties typically average to well maintained.
Site Description: Subject property consists of one rectangular shaped corner
parcel. The subject property has average visibility/access. Subject has 60' of
frontage on Burch Street with curb cut for ingress and egress. Subject property
consists of 7,800/SF or .18 acres more or less. Subject property topography is
sloping south side to north side providing walkout at grade access on north side.
There are no apparent adverse easement or encroachments. Subject property is
considered 100% developable. Subject drainage appears adequate to lot lines.
5
Description of Improvements
Subject property is improved with a 2-story house on a stone foundation
consisting of 2, 130/SF above grade. Subject house has 133/SF open front porch
and 2-car concrete attached/under garage on the rear north side at walkout level.
Subject house was built in 1886
Exterior: Subject house is a 2-story Victorian frame house with gabled roof.
Subject house was damaged by fire several years ago and appears to be in a
stagnant period of repair. The roof has partial asphalt shingle, partial felt paper
over wood and partial plastic tarp. The house sides are wood, partially pained
with remainder wrapped in Tyvek insulation or bare wood sidewalls. There are
many double hung windows of which 40% are boarded up. The front porch entry
is damaged and wrapped in a tarp. The stone foundation appears to be in
average condition. There are no gutters or downspouts. There is a concrete
sidewalk in front and along south side of house and a gravel drive along north
side of house. There is a significant amount of stone on subject property along
with some building materials.
Interior: No inspection of interior. Subject house has not been inhabited in
several years and utilities appear to have been disconnected.
Subject improvements appear to be in fair condition for a rehabilitation project.
Subject building appears secure from the weather.
6
HIGHEST AND BEST USE
Highest and Best Use "As Though Vacant": The subject property is zoned
R-3 Moderate Density Multi-Family Residential District and development as
single family residential property is considered one of the Highest and Best Uses
"As Though Vacant".
Highest and Best Use "As Though Improved": Subject building has an 23%
footprint and use as a single family residence, prior to fire was considered one
the highest and best uses and conformed to the trend of the neighborhood.
Flood Zone: Subject property is located on east side of Dubuque, Iowa in a
Zone X Flood Zone which is a no hazard flood area. See Map # 1951800006B,
Dated 9/6/1989 in the Addenda of report.
Assessment and Taxes:
Subject property was last assessed in 2004 as follows:
Land
Buildings
$16,300
$20,100
$36,400
Total
Subject property taxes for 2003-2004 are $348.00
7
Cost Approach
Methodology: In the Cost Approach, an indication of value of the property is
derived by adding the depreciated cost of the improvements to the value of the
site, as if vacant and available for its Highest and Best Use.
The value of land has been analyzing similar parcels of land sold in the subject
area and adjusting for characteristics. The value is then added to the
replacement cost of the subject building. The replacement cost estimates are
from Marshall Valuation Service, a national cost service, as well as local
construction data. After the development of a replacement cost new figure,
allowances were made for all forms of depreciation. Once the depreciated value
of the improvements is shown, the contributing value of the site improvements
along with the contributing value of the underlying land is then added in order to
arrive at a final indication of value by the Cost Approach.
Value Analysis: Subject building was built in 1886 and prior to fire several years
ago, operated as single family residential home. No inspection of house was
conducted. No condition of house interior could be gathered and house is
currently uninhabitable. Therefore the Cost Approach was not analyzed due to
physical depreciation, functional obsolescence and external obsolescence.
Subject land value "As Though Vacant" was analyzed in lieu of the Cost
Approach. Subject neighborhood is considered 100% built up. Therefore our
scope for vacant land sales was expanded to include similar zoned areas. A
vacant land comparable sales grid is shown on following page.
VACANT LAND COMPARABLE GRID
NAME
ADDRESS
SALE
DATE
SALE
PRICE
SIZE
SF
ZONING TOPOGRAPHY
$/SF
SUBJECT:
White N/A N/A 7,800/SF R-3 Sloping N/A
409 Burch Street
Dubuque, Iowa
1. Lund Realty 7/1/03 $14,000 6,767/SF R-3 Sloping $2.07
280 Cardiff
Dubuque, Iowa
2. Herbst 06/01/04 $13,500 6,099/SF R-2A Sloping $2.21
Arlington Street
Dubuque, Iowa
3. Stapleton 6/16/04 $35,000 10,084/SF R-1 Slightly Sloping $3.47
Ramona Street
Dubuque, Iowa
4. Arensdorf 10/15/04 $17,000 5,500/SF R-2 Slightly Sloping $3.09
914 Cleveland
Dubuque, Iowa
5. Dress 3/15/05 $17,000 7,300/SF R-1 Sloping $2.33
541 Groveland Place
Dubuque, Iowa
8
Notes To Comparable Grid:
Comparable Sale #1 - Lot is a severely sloping corner lot at Cardiff and W. 3rd
Street purchased for development of 2-story duplex.
Comparable Sale #2 - Consists of 2 contiguous lots located mid block in
historical district on Arlington. Subject lots are sloping sharply.
Comparable Sale #3 - Lot is private at end of Ramona with a shared driveway
and slightly sloping topography.
Comparable Sale #4 - Lot is rectangular with slightly sloping topography and
purchased for development.
Comparable Sale #5 - Lot is rectangular shape near corner of Burden and
Groveland Place with sloping topography.
9
10
LAND VALUE "AS THOUGH VACANT" ANALYSIS - SUMMARY
Subject property was compared directly to five comparable land sales and
adjusted for topography, zoning, size, shape and location. After adjustments we
estimate subject property value "As Though Vacant" to be $21,000 and
calculated as follows:
7,BOO/SF x $2.70/SF
=
$21,060
Say
$21,000
TWENTY ONE THOUSAND DOLLARS
LAND VALUE "AS THOUGH VACANT"
LAND VALUE "AS IS" ANALYSIS:
Subject property is currently improved with a 2-story fire damaged house
consisting of 2, 130/SF above grade with a stone foundation. From the land value
"As Though Vacant" we have subtracted estimate for removal of improvements
and grading. Therefore, we estimate land value "As Is" as follows:
Land Value "As Though Vacant" -
Razing and Removal of Improvements -
$21,000
<$10,000>
Land Value "As Is"
$11,000
Say
$11,000
ELEVEN THOUSAND DOLLARS
LAND VALUE "AS IS"
11
SALES COMPARISON APPROACH
Methodology: The Sales Comparison Approach or Market Approach is based
upon a comparison of the prices that are paid for similar competitive properties in
the market representing bona fide arm's length transactions. This approach
works best in an active market where these prices serve as good indicators of
the most probable selling price of the subject property as of the valuation date.
Subject property is located in a stabilized neighborhood with predominately
residential properties and few vacancies and considered to be a desirable
location. Subject house was a single-family residence until the fire several years
ago.
The Sales Comparison Approach was analyzed comparing the subject fire
damaged house to similar improved residential properties that were purchased
for renovation purposes. Three comparable sales were located and analyzed for
comparison purposes.
The three residential improved comparable sales are shown on a comparison
grid on the following page.
After adjustments we estimate subject property "As Improved" to have a present
market value of $21 ,000 as of April 14, 2005.
$21,000
TWENTY ONE THOUSAND DOLLARS
SALES COMPARISON APPROACH TO VALUE
12
IMPROVED COMPARABLE SALE GRID
(1) (2) (3)
Kass DBQ Properties Healey
2107 Jackson 691 N. Booth 2255 Washington
Dubuque, IA Dubuque, IA Dubuque, IA
Sale Price $26,000 $27,500 $34,000
Sale Date 3/24/04 6/29/04 2/18/04
Year Built 1900 1840 1870
Lot Size 27' x 85' 50' x 125' 27'x100'
House Type 2 - Story Frame 2 - Story Frame 2 - Story Brick
Basement Full-Unfinished Full-Unfinished Full-Unfinished
Garage None 2-Car Detached None
Deck/Patio None/None None/Patio Enc. Porch/None
Notes To Comparable Grid:
Subject improved property was compared directly to three comparable sales and
adjusted for location, lot size, house type, size and exterior condition. The three
comparable sales al were purchased as rental income property and had all
utilities in working order at time of purchase. Therefore a significant downward
adjustment was made for functional purposes.
No adjustment for room count or interior condition as subject house interior was
not inspected.
13
INCOME APPROACH TO VALUE
Methodology: The Income Approach to value presumes that no prudent buyer
will pay more for the subject than the capitalized income value of the property
(net present value), based upon the buyer's analysis of the income and expense
history, as it should relate to the future potential benefits of ownership. The
buyer will only be willing to pay the present value of what they perceive the
benefits to be. A market rent capitalization technique will be analyzed.
The Income Approach was considered, but not analyzed due to fire damage and
all utilities shut off pending repairs to damaged areas. Therefore the Income
Approach was not analyzed and given no weight.
14
Final Reconciliation
Land Value "As Though Vacant"
Land Value "As Though Improved"
Cost Approach to Market Value
Sales Comparison Approach to Market Value
Income Approach to Market Value
$ 21,000
$ 11,000
Not Analyzed
$ 21,000
Not Analyzed
Cost Approach: Subject house has suffered significant fire damage and has
been vacant for several years. Therefore there is significant physical
depreciation and functional and external obsolescence and not analyzed.
Land Value "As Though Vacant" and "As Improved" were analyzed and
reconciled for market value.
Sales Comparison Approach: Three Comparable Sales of similar type
improved residential properties purchased for renovation were compared directly
to subject property. The Sales Comparison Approach was given all the weight in
the final analysis.
Income Approach: The subject property is currently vacant pending repairs for
fire damage. All utilities are currently shut down pending repairs. Therefore, the
Income Approach was not analyzed.
Therefore, as a result of the analysis, we feel the subject has a Market Value as
of April 14, 2005, as follows:
$21,000
TWENTY ONE THOUSAND DOLLARS
..
15
CERTIFICATION
We certify that, to the best of our knowledge and belief:
The statements of fact contained in this report are true and correct.
The report analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, unbiased professional
analyses, opinions, and conclusions.
We have no present or prospective interest in the property that is the subject of
this report, and we have no personal interest or bias with respect to the parties
involved.
Our compensation is not contingent on an action or event resulting from the
analyses, opinions, or conclusions in, or the use of, this report.
This appraisal conforms to the Uniform Standards of Professional Appraisal
Practice ("US PAP") adopted by the Appraisal Standards Board of The Appraisal
Foundation, except that the Departure Provision of the USPAP does not apply.
Our compensation is not contingent upon the reporting of a predetermined value
or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result, or the occurrence of a subsequent
event.
This appraisal assignment was not based on a requested minimum valuation, a
specific valuation, or the approval of a loan.
The property that is the subject of this report was inspected by Mark P. Tressel.
Our analyses, opinions and conclusions were developed, and this report has
been prepared in conformity with the Uniform Standards of Professional
Appraisal Practice, and in conformity with the requirements of the Code of
Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute.
As of the date of this report, Thomas P. Kane, Certified General Appraiser, has
completed the requirements of the continuing education program of the State of
Iowa.
~~4
Commercial Real Estate Appraiser
T lOmas P. Ka
Iowa Certified General Real Estate Appraiser
Certificate No. CG 01594
.
or
16
ADDENDA
PHOTOS OF SUBJECT PROPERTY
- -
subiect street (Burch)
subiect property
Sub}ect Property
~OTOS OF SUBJECT PROPERTY
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