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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 ~ ~ ~ ....\1\ ........ :::t 4-. .. ..... "* ~ , . 4-. ~ .~ \1- ':). - ~ oJ - . ~ ~ , . 8 ~ ,~ ai WI .~ ~tI)l ~ lD! o ~ ~ --:t 01 ~I ~I Q) ~ J ~ .~, OJ ~.I rt . ~ . t:I) G-I o o ~ H dc& i I 01 0' ~ 1:'-' I il ~l 1.1"\1 wi rl r-I i II I - , LOI I ~Ig I - I . ! :II~ I 4- ~ o ~./ E'I~ I. o 0 -00 ~ I ~ .1 ~I~ !:;:: ~!. '~IO"\ I .... 'rtl N ~ ~ 0 ~SJ. ~I::::'- 1 OJLO ~o .... I _ _ OJ 0 . ==., ........ t::~ == N I 6 ;;=="'i-- 0 OJ ,0"\ J N 9~ J ~~ u_ u-{... ~o::t' I .- I U:l ro 0.. .- ; OlCO ~ I..~ vB=i ~ ~ ~ ~ l"'}1~ '--. 0.. co -0 co I ~I-c I I~ l!'l E rtl ...., OJ Vl ::. t .cl~ aJ V'l aJtli ~ l~ :;: '6 :;: i ~ _x 4- .c 0 .c <0 3: N I ~. 3~ 3t; dN~O .E~ c::~.a~ o ~.t::1 ~ut:: o ,~ .-:p aJ '"":l 0 "":)<0 ~ !-It:: 61:;:;- I"'" 9 OJ 4- i Of J I i I I I I I I I I I 1 I I I j I I I ! i I I ".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. . .." : " ........:.., :' . ......,..: \"'.\ :...:~..:' '.:., .: ..:....~. P~~BR~ IS mUNG T'dRNJm OVER TO CITY.' S 'LEGAL' 'COUNCIL FOR "F.OR~ LEGAL ACTION. MI;sstNG "nmoirs AND DOORS ~~, NOT BEEN' INST.1tT.T,Rn IN THE BUILDING OPENINGS. PAINTING OF -BUIDLING. EXTERIOR, INCLUDING DOORS I WI~WS.' 'l;'RIM,. ~ID;r~, ETC~ BAS NOT ~BBN OO~'. '.' , . , , S:QlCE yo-q ~VE FAILED TO COMPLY, ~ CITY WI.LL START L~ ACTION TO ASSURE .COMPLIANCE. . . .'. . , " . ~S.ION OF TIME MAY'BE GRANTED WITH GOOD CAUSE BUT CAN NOT BE GRANTED BEYOND SIXTY(60) pAYS FROM SEPT. 1, 2'004 OR BY NOVEMBER, 1, 2004. (AS 'OF NOVEMBER 5, ~904, COMPLIANCE HAS.NOT OC~.) ._, _., ...""....~ I I .4~ I nt\ l,;l/Y HUU~lNl:i I4J 005/011 . If . . . r .. ,," .... .. 1_ - - . .,... . - . . . .' . .' ' " '?_ )f~~~~(ltl~~_~~~~~.~~~.~.4G,~iJl,~.~ ...:~..~~~~.~~~.,:.".,:.". :'.:: ......-;...:.:-..:: "" :'. '. .;.' .,~ . 'I.' .' ':. ';' ,," : ...',..'.~...' '.:: ",_:;~""C;':.': .' ":, ' .'. ,.. ..,..;', ..':', '....:.... ".J;" 'DATB: ' .' .,'.. .' . . . .', . .'. -. ' .. .' '.' .. I : ., ..;....u,iI:. ~.~!~~ .,i..... '. ~~~~. :.... .' ~ '. :. . "c.. '. ',:'" ' , ... .' OWNERlA~ .6PDRESS: " . "'h,,, .'\," -. " . .:'. ','. .. 'PHONE; ~GJLANPINYOLVED: 'Gm~.QRACT1ONPRP~~~.~: \' .., :QIiSPECfOR: 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 ---' -- ~ ~"".....-~. . -r~~~:r '_"~I ;),~>1 / " I I :. J..-) ,,' ''I:: i , .~. "'J' '/ ,.. ..- .' " "I""; Ii r'( .P . \ , ,. '.,...,~ subiect Property --- \ <0 subiect Property