Loading...
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 '''