Code of Ordinances_Vacant and Abandoned Buildings AmendmentMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacant and Abandoned Buildings Ordinance Update
DATE: February 27, 2012
Dubuque
bierd
All-America City
1
2007
Building Services Manager Rich Russell recommends City Council approval of an
update to the Vacant and Abandoned Buildings Ordinance to incorporate the use of the
International Property Maintenance Code, and to update the definitions of abandoned
buildings and vacant buildings.
The Building Services and Housing and Community Development departments began
enforcement of the VAB provisions after the city council adopted Ordinance 44 -07 in
August of 2007. The purpose of the ordinance is to require proper maintenance of
under - utilized buildings.
There has been some difficulty in determining when a building is considered vacant.
Adding the use of the International Property Maintenance Code to the enforcement
options will bring the focus of the ordinance and enforcement back to required
maintenance of structures within the community.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Rich Russell, Building Services Manager
DATE February 21, 2012
SUBJECT Vacant and Abandoned Buildings Ordinance Update
Dubuque
had
NI- America City
'I 1 1 I'
2007
INTRODUCTION
The purposes of the Vacant and Abandoned Buildings (VAB) ordinance update are to incorporate the use of the International
Property Maintenance Code and to update the definitions of abandoned buildings and vacant buildings
BACKGROUND
The Building Services and Housing and Community Development departments began enforcement of the VAB provisions
after the city council adopted Ordinance 44 -07 in August of 2007 The purpose of the ordinance is to require proper
maintenance of under - utilized buildings
DISCUSSION
There has been some difficulty in determining when a building is considered vacant Adding the use of the International
Property Maintenance Code to the enforcement options will bring the focus of the ordinance and enforcement back to
required maintenance of structures within the community
RECOMMENDATION
I recommend City Council adoption of the amendments as presented
PROJECT COST - BUDGET IMPACT
N/A
ACTION TO BE TAKEN
Adopt the ordinance
Prepared by
Rich Russell
cc
Cindy Steinhauser,Assistant City Manager
Crenna Brumwell, Assistant City Attorney
David Harris, Director of Housing and Community Development
Jeff Zasada, Inspector II
Bob Boge, Housing Inspection Supervisor
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 20 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND /OR ABANDONED
BUILDINGS, SECTION 1 DEFINITIONS AND SECTION 10 RELATIONSHIP OF
LICENSE TO OTHER CODES BY INCORPORATING USE OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE AND UPDATING THE DEFINITIONS OF
ABANDONED AND VACANT BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -4 -1 of the City of Dubuque Code of Ordinances is .
amended to read as follows:
14 -4 -1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the housing code. Where terms are not defined, they shall have their ordinary accepted
meanings within the context in which they are used. Unless otherwise expressly stated
or unless the context clearly indicates a different intent, the following terms shall, for the
purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an
incomplete exterior shell for six (6) months or longer which meets one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or,
C. Is noncompliant with the International Property Maintenance Code as
adopted by the City.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and which meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the International Property Maintenance Code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or,
H. Not receiving service by public utilities.
Section 2. Section 14 -4 -10 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14 -4 -10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned building shall not in any way
signify or imply that the building conforms with the Iowa state building code or the
housing, building, zoning, fire ordinances or other codes and ordinances adopted by the
city. The issuance of a license shall not relieve the owner or operator of the
responsibility for compliance with said applicable housing, building, zoning, fire or other
applicable codes and ordinances.
Attest:
Section 3. This Ordinance takes effect upon publication.
Passed, approved and adopted the 51-h day of March
, 2012.
/3u -mil'
Roy D. Bol, Mayor
Firnstahl, Ac
EFFECT OF AMENDMENT
14 -4 -1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the housing code. Where terms are not defined, they shall have their ordinary accepted
meanings within the context in which they are used. Unless otherwise expressly stated
or unless the context clearly indicates a different intent, the following terms shall, for the
purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an
incomplete exterior shell for six (6) months or longer
which is unoccupied and which meets one or more of the following criteria:
A. Is unsecured; err
B. Is unoccupied; or,
C. Is noncompliant with the International Property Maintenance Code as
adopted by the City.
VACANT BUILDING: Any building or separate portion thereof of a building as
• _ which has been
unoccupied for a continuous period of time over twelve (1 9) months and which meets
one or more of the following criteria+s:
A. Unoccupicd and uUnsecured;
B. Unoccupicd and sSecured by means other than those used in the design
of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unoccupicd and unfit for occupancy as determined by the city manager;
E. Noncompliant with the International Property Maintenance Code;
FE. Unoccupicd and hHas housing, building, fire, health or zoning code
violations;
G. Unoccupied and oOpen to vagrants, vandals, children or the unwary; or,
H. Unoccupied and not maintaincd by owner or responsible party; or
Unoccupicd and nNot receiving service by public utilities.
14 -4 -10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned building shall not in any way
signify or imply that the building conforms with the Iowa state building code or the
housing, building, zoning, fire ordinances or other codes and ordinances adopted by of
the city. The issuance of a license shall not relieve the owner or operator of the
responsibility for compliance with said applicable housing, building, zoning, fire or other
applicable codes and ordinances.
OFFICIAL
PUBLICATION
ORDINANCE NO. 20-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
14 BUILDING ADD
DEVELOPMENT,
CHAPTER 4 LICENS-
ING OF VACANT
AND /OR ABANDONED
BUILDINGS, SECTION
1 DEFINITIONS AND
SECTION 10 RELA-
TIONSHIP OF LICENSE
TO OTHER CODES BY
INCORPORATING USE
OF THE .INTE
TIONAL
MAINTENANCE 1 DD
AND UPDATING THE
DEFINITIONS OF
ABANDONED AND
VACANT BUILDINGS
NOW, THEREFORE, I
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-
4-1 of the City of
Dubuque Code ' of
Ordinances is amended
to read as follows:
14 -4 -1: DEFINITIONS:
For the purpose of
this chapter, certain
terms, phrases, words
and their derivatives.
shall be construed as
specified in either this
chapter or as specified
in the building code or
the housing code.
Where terms are not
defined, they shall
have their ordinary
accepted meanings
within the context in
which they are used.
Unless otherwise
expressly stated or
unless the context
clearly indicates a
different intent, the
following terms shall,
for the purpose of this
chapter, have the
following meanings:
ABANDONED BUILD-
ING: Any building or
portion thereof which
has stood with an
incomplete exterior
shell for six (6) months
or longer which meets'
one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or,
C. Is noncompliant
with the International
Property Maintenance
Code as adopted by
the City.
VACANT BUILDING:
Any building or portion
thereof which has been
unoccupied for a
continuous period of
time over twelve (12)
months and which
meets one or more of
the following criteria:
A. Unsecured;
B. Secured by means
other than those used
in the design of the
building;
C. Declared a "dan-
gerous building" as
defined in this section;
D. Unfit for occupancy
as determined by the
city manager,
E. Noncompliant with
the International
Property Maintenance
Code;
F. Has housing, build-
ing, fire, health or
zoning code violations;
G. Open to vagrants,
vandals, children or the
unwary; or,
H. Not receiving
service by public
utilities.
Section 2. Section 14-
4-10 of the City of
Dubuque . Code of
Ordinances is amended
to read as follows: -
14-4-10: RELATION-
SHIP OF LICENSE TO
OTHER CODES;
The issuance of any
license for any vacant
or abandoned building
shall not in any way
signify or imply that
the building conforms
with the Iowa state
building code or the
. housing, building,
zoning, fire ordinances
or other codes and
ordinances adopted by
the. city. The issuance
of a license shall, not
relieve the owner or
operator of the
responsibility for
compliance with said
applicable housing,
building, zoning, fire or
other applicable codes
and ordinances.
Section 3. This
Ordinance takes effect
upon publication.
Passed, approved and
adopted the 5th day of
March, 2012.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 9th
day of March 2012.
/s /Kevin S. Firnstahl,
City Clerk
It 3/9
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 02 & 09, 2012, and for which the charge is $32.09.
Subscribed to before me .
this day of , 20 /€.— .
Notary Public in and for Dubuque County, Iowa,
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERN:17.`i -_R
Commis8lori r -umcer
'''