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.
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Michael C. Van Milligen r:.
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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,
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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
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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// ~~
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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.
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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.
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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