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409 Burch Street Hearing_Public NuisanceTHE CITY O =~~r DIJB ~ ~ E Masterpiece on the Mississippi MEMORANDUM June 26, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 409 Burch Street -Hearing for Determination of Public Nuisance Housing and Community Development Department Director David Harris recommends that the City Council set a date for a hearing to determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. I concur with the recommendation and respectfully request Mayor and City Council approval. ,~ ~,~, ~! r . ~ ~., ~ ~.1, C Michael C. Van Milligen r:. ~;~-~ ~ MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager 1HE C[TY OF DuB E Masterpiece on the Mississippi 22 June 07 To: Michael-fan Milligen, ~;~~ l~IEMO~ANDUl~I City Manager From: David F-~'arris, Housing and Community Development Department Re: 409 Burch Street -Hearing for Determination of Public Nuisance City Attorney Barry Lindahl has prepared the attached Application for Determination of Public Nuisance in connection with our enforcement at 409 Burch Street. This requests the City Council to set a hearing to determine whether the property is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. Should the property be declared a public nuisance, the Council is further requested to order the City Manager to abate the nuisance as authorized by law, including condemnation, as provided in Iowa Code 364.12. Chapter 23 includes under the definition of public nuisance an "abandoned building, which is defined as "any building or portion thereof which has stood with an incomplete exterior shell for longer than one year, or any building or portion thereof which is unoccupied and which meets one or more of the following criteria: {1) Is unsecured; or (2) Is in violation of the City of Dubuque Housing Code ..." Chapter 26 includes under owner responsibilities the requirement to maintain the building exterior, and states further: "Whenever an owner permits a building to deteriorate or become dilapidated or blighted to the extent that the exterior of the building does not comply with Section 26-10 of this code, the Housing Officer shall issue written notice ...directing the owner of such building to remedy the defect." Chapter 26 further requires: "Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, rodent proof and kept in good repair." And: "All rain water shall be properly drained from every roof so as not to cause dampness in the walls, ceilings or floors of any habitable room or of any bathroom or water closet compartment." And: "Every floor, interior wall, interior door and ceiling shall be kept in sound condition and good repair." And: "All porches, patios and balconies located more than thirty inches higher than the adjacent area shall be provided with protective guardrails.A City Attorney Lindahl, on the basis of a 13 June inspection performed by the Housing Department, has conGuded that the building is in violation of Chapters 23 and 26 and meets the definition of public nuisance. He has recommended that the City Manager request the City Council to apply for determination of public nuisance and hold a hearing to make that determination. The action requested of the City Council is to set a time and place for hearing on the attached Application, to determine whether the property located at 409 Burch Street is a public nuisance re BEFORE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA In the Matter of 409 Burch Street, Dubuque, Iowa APPLICATION FOR DETERMINATION OF PUBLIC NUISANCE The undersigned City Manager of the City of Dubuque, Iowa applies to the City Council to determine that the building at 409 Burch Street is a public nuisance as provided in City of Dubuque Code of Ordinances § 23-42(7)(b) Unoccupied, Dangerous Buildings, for the reason that the building has stood with an incomplete shell for longer than one year, and is unoccupied and is in violation of the §§ 26-3(b)(1) h., 26-10(g)(3)b., d., f., and j. of the City of Dubuque Housing Code. See June 13, 2007 Inspection Report of Senior Housing Inspector Kathleen Lamb, attached hereto. The undersigned requests that the City Council set a time and place for hearing on this Application and direct notice thereof to the property owner, John White, and that upon such hearing, the City Council determine that the building is a public nuisance and that the City Manager be ordered to abate the public nuisance in any manner authorized by law, including condemnation and conveying the properly to a private individual for rehabilitation or for demolition and construction of housing as provided in Iowa Code § 364.12A. Dated this ~~~-' day of June, 2007. 21~1/./J// ~~ t~{~ j Mic ael C. Van Milligen City Manager Sec. 23-41. Definitions: As used in this Article, the following definitions shall apply: Abandoned Building: Any building or portion thereof which has stood with an incomplete exterior shell for longer than one year, or any building or portion thereof which is unoccupied and which meets one or more of the following criteria: (1) Is unsecured; or (2) Is in violation of the City of Dubuque Housing Code, Building Code, or Fire Code. Sec. 23-42. Public Nuisance Defined; Public Nuisances Enumerated: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a public nuisance. A public nuisance shall include, but not be limited to, the following: **** (7) Unoccupied, Dangerous Buildings (Housing/Building): a. Unoccupied buildings or unoccupied portions of buildings which are unsecured; b. Abandoned buildings; or c. Dangerous buildings or structures. Sec. 26-3. Organization And Enforcement: *,~~* (b) Responsibilities And Obligations Of Owners, Operators And Occupants: (1) Maintenance Responsibilities Of Owner Or Operator: Every owner or operator shall maintain fit premises, in accordance with provisions of this Code, including performance of the following duties: **** h. Maintenance Of Building Exterior: Whenever an owner permits a building to deteriorate or become dilapidated or blighted to the extent that the exterior of the building does .not comply with Section 26-10 of this Article, the Housing Officer shall issue written notice as provided by Section 26-4 of this Article, directing the owner of such building to remedy the defect. Sec. 26-10. Housing Standards: **,~* {g) Structure And Materials: *** (3) Approved Interpretations: *** b. Windows, Exterior Doors And Basement Hatchways: Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, rodentproof and kept in good repair. ,~ ~ ,~ * . d. Drains: All rainwater shall be properly drained from every roof so as not to cause dampness in the walls, ceilings or floors of any habitable room, or of any bathroom or water closet compartment. **** f. Floors, Interior Walls, Interior Doors And Ceilings: Every floor, interior wall, interior door and ceiling shall be kept in sound condition and good repair. ,~ ,~ j. Guardrails: All porches, patios and balconies located more than thirty inches (30") higher than the adjacent area shall be provided with protective guardrails. Guardrails, when replaced, shall comply with Uniform Building Code standards. Co ~ 13~b`7 K ~. EACH ITEM TO BE REPAIRED WILL BE LISTED BY ITS LOCATION, CODE SECTION AND PROBLEM DESCRIPTION. ALSO, THOSE REPAIR ITEMS LISTED WITH AN * IATDICATED THAT THIS ITEM APPEARS TO BE THE RESPONSIBILITY OF THE TENANT TO REPAIR. ** 409 BIIRCH ST ** ** 07-00114 ** --LOCATION OF VIOLATION-- --CODE SECTION-- --EXPECTED REPAIRS-- GUTTERS 26-10. (g) (3) d. DOWNSPOUTS 26-10. (g) (3)d. ENTIRE BUILDING 26-10 . (g) (3) f . EXTERIOR 26-10. (g) (3)b. EXTERIOR 26-3 . (b) (1) h. ROOF 26-10 . (g) (3) b. SEE COMMENT SECTION AT THE END OF THE REPORT. SEE COMMENT SECTION AT THE END OF THE REPORT.' SEE COMMENT SECTION AT THE END OF THE REPORT. SEE COMMENT SECTION AT THE END OF THE REPORT. SEE COMMENT SECTION AT THE END OF THE REPORT. SEE COMMENT SECTION AT THE END OF THE REPORT. SIDE PORCH 26-10.(g)(3)j. SEE COMMENT SECTION AT THE END OF THE REPORT. **COMMENTS - 409 BURCH STREET** 1. THE EXTERIOR OF THE BUILDING IS MISSING SIDING ON THE SOUTHWEST AND SOUTH SIDES. 2. THE ATTIC WINDOW ON THE SOUTH SIDE OF THE DWELLING AND A WINDOW ON THE NORTH SIDE ARE STILL MISSING. 3. THE GUTTERS AND DOWNSPOUTS ARE MISSING. 4. THE ROOFING IS STILL MTSSING FROM THE BACK WEST SIDE OF THE BUILDING. 5. SOFFITS/OVERHANG ON THE SOUTH AND SOUTHWEST SIDES OF THE DWELLING ARE STILL MISSING. 6. THE GUARDRAIL PROTETION ON THE SOUTH SIDES OF THE SOUTH PORCH ARE STILL MISSING. 7. THE INTERIOR OF THE DWELLING IS NOT HABITABLE AT THIS TIME AS THE _ .. INTERIOR IS JUST OPEN STUD WALLS FOR-THE MOST PART. BEFORE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA In the Matter of 409 Burch Street, Dubuque, Iowa NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR DETERMINATION OF PUBLIC NUISANCE To: John White 409 Burch Street Dubuque, Iowa The Application for Determination of Public Nuisance having been filed by the City Manager with the City Counci{ to determine whether the building at 409 Burch Street, Dubuque, Iowa constitutes a public nuisance, and the City Council having determined that a hearing should be set on the Application and notice thereof provided to the property owner. You are hereby notified that a hearing is set for the 27th day of August, 2007, 6:30 o'clock PM at Carnegie Stout Public Library Auditorium on the Application for Determination of Public Nuisance, a copy of which is attached hereto. A copy of this Notice shall be posted on the building at 409 Burch Street and a copy shall be delivered personally to John White. Dated this 2nd day of July, 2007. Roy . Buol, Mayor