Vacant and Abandoned Building Ordinance AmendmentTHE CITY OP
D'UB E
Masterpiece on the Mississippi
MEMORANDUM
July 31, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacant or Abandoned Building Ordinance
Assistant City Attorney Crenna Brumwell is recommending an amendment to the City of
Dubuque Code of Ordinances, Article VII, Vacant and Abandoned Buildings. The
changes are considered minor and include things like including fire, health or zoning
code violations in with housing and building code violations as some of the criteria that
is used for determining a vacant or abandoned building. It also extends the period of
time that the building is unoccupied from a continuous period of over six months to a
continuous period of over twelve months.
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
Crenna Brumwell, Assistant City Attorney
THE CTTY OF
DLTB E MEMORANDUM
Masterpiece on the Mississippi
L~
;_~,
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: July 13, 2007
RE: Vacant or Abandoned Building Ordinance
Following one year of work under the City of Dubuque Code of Ordinances, Article VII,
Vacant and Abandoned Building Ordinance, I met with Housing & Community
Development Director David Harris, Planning Director Laura Carstens, Building
Services Manager Rich Russell and staff impacted by the ordinance. A review of the
ordinance and past year has indicated some minor changes are in order to make the
ordinance more clear and effective. I am attaching an amendment to the Vacant and
Abandoned Building Ordinance for your review and consideration. Thank you.
Attachment
cc: David Harris, Housing & Community Development Director
Laura Carstens, Planning Director
Rich Russell, Building Services Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 30O MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Section 1. City of Dubuque Code of Ordinances Article VII is hereby
amended to read as follows:
Article VII Licensing of Vacant and/or Abandoned Buildings
Sec. 33-108. Definitions:
For the purpose of this article, certain terms, phrases, words and their derivatives
shall be construed as specified in either this article 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 article, have the following
meanings:
(1) Abandoned Building: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer or any building or
portion thereof which is unoccupied and which meets one or more of the
following criteria:
a. Is unsecured; or
b. Is in violation of the City of Dubuque Housing Code, Building Code or
Fire Code.
(2) Building Code: The International Building Code promulgated by the
International Code Council, as adopted in Section 11-1 of the City of
Dubuque, Code of Ordinances.
(3) City Manager: Includes the City Manager's designee.
(4) Dangerous Building. Any building or structure which has any or all of the
conditions or defects hereinafter described, provided that such conditions
or defects exist to the extent that the life, health, property or safety of the
public or the occupants of the building are endangered:
a. Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to provide
safe and adequate means of exit in case of fire or panic.
b. Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is warped, worn, loose, torn or otherwise unsafe as
to not provide safe and adequate means of exit in case of fire or panic.
c. Whenever the stress in any materials, member or portion thereof, due
to all dead and live loads, is more than one and one-half (1 1/2) times
the working stress or stresses allowed on the building code for new
buildings of similar structure, purpose or location.
d. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building
code for new buildings of similar structure, purpose or location.
e. Whenever any portion or member or appurtenance thereof is likely to
fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
f. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to
be capable of resisting a wind pressure of one half of that specified in
the building code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the
building code for such buildings.
g. Whenever any portion thereof has wracked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case of
similar new construction.
h. Whenever the building or structure, or any portion thereof, is likely to
partially or completely collapse because of:
i. dilapidation, deterioration or decay;
ii. faulty construction;
iii. the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building,
iv. the deterioration, decay or inadequacy of its foundation; or
v. any other cause.
i. Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
j. Whenever the exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one third of the base.
k. Whenever the building or structure, exclusive of the foundation, shows
thirty-three (33) percent or more damage or deterioration of its
supporting member or members, or fifty (50) percent damage or
deterioration of its non-supporting members, enclosings or outside
walls or coverings.
I. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to
become (a) an attractive nuisance to children; (b) a harbor for vagrants
or criminals, or as to (c) enable persons to resort thereto for the
purpose of committing unlawful acts.
m. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this city, as specified in the building code or housing
code, or of any law or ordinance of this state or city relating to the
condition, location or structure of buildings.
n. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non-
supporting part, member or portion less than fifty (50) percent, or in
any supporting part, member or portion less than sixty-six (66) percent
of the (a) strength, (b) fire-resisting qualities or characteristics, or (c)
weather-resisting qualities or characteristics required by law in the
case of a newly constructed building of like area, height and occupancy
in the same location.
o. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the health
officer to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease.
p. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the
fire marshal to be a fire hazard.
q. Whenever any building or structure is in such condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
r. Whenever any portion of a building or structure remains on a site after
the demolition or- destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six (6)
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
(5) Fire Code: International Fire Code, 2003 edition, as adopted by Chapter
19 of the City of Dubuque, Code of Ordinances.
(6) Housing Code: The City of Dubuque Residential Housing Code, as
adopted in Section 26-1 of the City of Dubuque, Code of Ordinances.
(7) Nuisance: Each of the following shall be defined as a "nuisance":
a. Any public nuisance known at common law or in equity jurisprudence.
b. Any attractive nuisance which may prove detrimental to persons
whether in a building, on the premises of a building, or upon an
unoccupied lot.
c. Whatever is dangerous to human life or is a menace to the public
health, welfare or safety as determined by the City Manager.
d. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise
constitutes a hazard by reason of inadequate maintenance,
dilapidation or obsolescence or abandonment.
e. Uncleanliness to the risk of unhealthiness, as determined by the City
Manager.
f. Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the City Manager.
(8) Vacant Building: Any building or separate portion of a building as
determined by the City Manager or the City Manager's designee which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by means other than those used in the
design of the building;
c. Declared a dangerous building as defined in (4) above;
d. Unoccupied and unfit for occupancy as determined by the City
Manager;
e. Unoccupied and has housing, building, fire, health or zoning code
violations;
f. Unoccupied for a continuous period of time over twelve (12) months;
g. Unoccupied and open to vagrants, vandals, children or the unwary;
h. Unoccupied and not maintained by owner or responsible party; or
i. Unoccupied and not receiving service by public utilities.
Sec. 33-109: Vacant and/or Abandoned Building License:
No person or business shall maintain a vacant or abandoned building as defined
by this Code, in the City unless such person or business holds a current
unrevoked abandoned or vacant building license, issued by the City Manager, in
the- name'of the owner/operator for the specific named building.
Sec. 33-110. Registration:
The owner shall register a vacant or abandoned building with the City Manager
not later than thirty (30) calendar days after any building in the City becomes
abandoned or vacant as defined in this chapter. Failure to register an
abandoned or vacant building or providing false information to the City Manager
shall be a violation of this chapter.
The registration shall include the following information:
(1) A description of the premises;
(2) The names and addresses of the owner or owners;
(3) The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
(4) The name of the agent designated to act on the behalf of an out-of-town
property owner to accept legal processes and notices, and to authorize
repairs as required; and
(5) The period of time the building is expected to remain vacant and/or a plan
and timetable to comply with applicable city codes.
Sec. 33-111. Fees:
The owner of a vacant or abandoned building shall pay an annual fee reasonably
related to the administrative cost of registering and processing the registration
form and the costs of the city in monitoring and inspecting the property and
established by the City Manager and shall be paid in full prior to the issuance of
any permits or acceptance of the registration form for the subject property.
Sec. 33-112. Terms of Licenses:
(1) Every license issued under this division shall expire on December 31 of
the year in which issued and shall become delinquent on March 31 of the
year due.
(2) Upon application a license may be renewed and remain effective for
successive periods of one calendar year unless sooner revoked at any
time by the City Manager for noncompliance with any applicable
provisions of this Code.
(3) Licenses may be transferred from one person or business to another
provided notice of the transfer is given in writing within five (5) working
days of the transfer, to the City Manager.
(4) Licenses shall not be transferable from one building to another.
(5) Every person or business holding a license shall give notice in writing to
the City Manager within five (5) working days after having transferred or
otherwise disposed of the legal control of the licensed building. Such
notice shall include the name and address of the persons or businesses
succeeding to the ownership or control of such licensed building.
Sec. 33-113. Inspections:
The owner shall allow inspection of the building by City representatives upon
request and shall allow annual inspection of the interior and exterior of the
premises for the purpose of enforcing and assuring compliance with the
provisions of this chapter and the housing, building and fire Codes.
Sec. 33-114. Renewal Licenses:
The City Manager is hereby authorized to issue and renew vacant or abandoned
building licenses for specific buildings, in the names of the applicant owners,
operators or managers, provided the following criteria are met:
(1) The building for which the license is sought is warranted by the owner or
operator to substantially comply with applicable provisions of this code.
(2) The owner or operator legally authorized and responsible for maintenance
of the building for which a vacant or abandoned building license is sought
shall first make application therefore on an application provided by the City
Manager.
(3) All fees required by this Code pursuant to the issuance of a vacant or
abandoned building license are paid in full to the City.
(4) The applicant shall designate a responsible agent to represent the
owner/operator whenever the said applicant is not available for
maintenance of the building for which a license is sought. Said agent shall
have full authority and responsibility, the same as the owner/operator, for
maintaining the building.
Sec. 33-115. Renewal, Penalty for Failure to Renew License:
An application for renewal of a vacant or abandoned building license may be
made within sixty (60) days prior to the expiration of an existing operating
license. Application for renewal of vacant or abandoned building licenses shall
be due on January 1. Application may be made and license fees paid until
March 31 without penalty. Each day that the owner fails to renew such license
as required by this Article shall constitute a separate violation for which a
municipal infraction citation may be issued.
Sec. 33-116. Revocation, Reinstatement Measures:
If a vacant or abandoned building license is revoked by the City Manager for
noncompliance with any applicable provisions of this Code, the owner/operator of
the building shall be given thirty (30) days to comply with the provisions of this
Code. Extensions of such thirty-day period may be granted at the discretion of
the City Manager. Upon expiration of the thirty-day period, or any extension
thereof, if the building continues to be noncompliant, a municipal infraction will be
issued.
Sec. 33-117. 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 ~l~owa State Buifdtng
Code or the housing, building, zoning, fire ordinances or other ordinances 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.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of August, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Article VII Licensing of Vacant and/or Abandoned Buildings
Sec. 33-108. Definitions:
For the purpose of this article, certain terms, phrases, words and their derivatives
shall be construed as specified in either this article 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 article, have the following
meanings:
(1) Abandoned Building: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer or any building or
portion thereof which is unoccupied and which meets one or more of the
following criteria:
a. Is unsecured; or
b. Is in violation of the City of Dubuque Housing Code, Building Code or
Fire Code.
(2) Building Code: The International Building Code promulgated by the
International Code Council, as adopted in Section 11-1 of the City of
Dubuque, Code of Ordinances.
(3) City Manager: Includes the City Manager's designee.
(4) Dangerous Building. Any building or structure which has any or all of the
conditions or defects hereinafter described, provided that such conditions
or defects exist to the extent that the life, health, property or safety of the
public or the occupants of the building are endangered:
a. Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to provide
safe and adequate means of exit in case of fire or panic.
b. Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is warped, worn, loose, torn or otherwise unsafe as
to not provide safe and adequate means of exit in case of fire or panic.
c. Whenever the stress in any materials, member or portion thereof, due
to all dead and live loads, is more than one and one-half (1 1/2) times
the working stress or stresses allowed on the building code for new
buildings of similar structure, purpose or location.
d. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than ~ ~_ was before such
catastrophe and is less than the minimum requirements of the building
code for new buildings of similar structure, purpose or location.
e. Whenever any portion or member or appurtenance thereof is likely to
fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
f. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to
be capable of resisting a wind pressure of one half of that specified in
the building code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the
building code for such buildings.
g. Whenever any portion thereof has wracked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case of
similar new construction.
h. Whenever the building or structure, or any portion thereof, is likely to
partially or completely collapse because of:
i. dilapidation, deterioration or decay;
ii. faulty construction;
iii. the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
iv. the deterioration, decay or inadequacy of its foundation; or
v. any other cause.
i. Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
j. Whenever the exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one third of the base.
k. Whenever the building or structure, exclusive of the foundation, shows
thirty-three (33) percent or more damage or deterioration of its
supporting member or members, or fifty (50) percent damage or
deterioration of its non-supporting members, enclosings or outside
walls or coverings.
I. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to
become (a) an attractive nuisance to children; (b) a harbor for vagrants
or criminals, or as to (c) enable persons to resort thereto for the
purpose of committing unlawful acts.
m. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this city, as specified in the building code or housing
code, or of any law or ordinance of this state or city relating to the
condition, location or structure of buildings.
n. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non-
supporting part, member or portion less than fifty (50) percent, or in
any supporting part, member or portion less than sixty-six (66) percent
of the (a) strength, (b) fire-resisting qualities or characteristics, or (c)
weather-resisting qualities or characteristics required by law in the
case of a newly constructed building of like area, height and occupancy
in the same location.
o. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the health
officer to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease.
p. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the
fire marshal to be a fire hazard.
q. Whenever any building or structure is in such condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
r. Whenever any portion of a building or structure remains on a site after
the demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six (6)
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
(5) Fire Code: International Fire Code, 2003 edition, as adopted by Chapter
19 of the City of Dubuque, Code of Ordinances.
(6) Housing Code: The City of Dubuque Residential Housing Code, as
adopted in Section 26-1 of the City of Dubuque, Code of Ordinances.
(7) Nuisance: Each of the following shall be defined as a "nuisance":
a. Any public nuisance known at common law or in equity jurisprudence.
b. Any attractive nuisance which may prove detrimental to persons
whether in a building, on the premises of a building, or upon an
unoccupied lot.
c. Whatever is dangerous to human life or is a menace to the public
health, welfare or safety as determined by the City Manager.
d. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise
constitutes a hazard by reason of inadequate maintenance,
dilapidation or obsolescence or abandonment.
e. Uncleanliness to the risk of unhealthiness, as determined by the City
Manager. .. ,.
Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the City Manager.
(8) Vacant Building: Any building or separate portion of a building as
determined by the City Manager or the City Manager's designee which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by means other than those used in the
design of the building;
c. Declared a dangerous building as defined in (4) above;
d. Unoccupied and unfit for occupancy as determined by the City
Manager;
e. Unoccupied and has housingl~d building., fire, health or zoning code
violations;
f. Unoccupied for a continuous period of time over ~~!,twelve (12)
months;
g. Unoccupied and open to vagrants, vandals, children or the unwary;
h. Unoccupied and not maintained by owner or responsible party; or
i. Unoccupied and not receiving service by public utilities.
Sec. 33-109: Vacant and/or Abandoned Building License:
No person or business shall maintain a vacant or abandoned building as defined
by this Code, in the City unless such person or business holds a current
unrevoked abandoned or vacant building license, issued by the City Manager, in
the name of the owner/operator for the specific named building.
Sec. 33-110. Registration:
The owner shall register a vacant or abandoned building with the City Manager
not later than thirty (30) calendar days after any building in the City becomes
abandoned or vacant as defined in this chapter. Failure to register an
abandoned or vacant building or providing false information to the City Manager
shall be a violation of this chapter.
The registration shall include the following information:
(1) A description of the premises;
(2) The names and addresses of the owner or owners;
(3) The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
(4) The name of the agent designated to act on the behalf of an out-of-town
property owner to accept legal processes and notices, and to authorize
repairs as required; and
(5) The period of time the building is expected to remain vacant and/or a plan
and timetable to comply with applicable city codes.
Sec. 33-111. Fees:
The owner of a vacant or abandoned building shall pay an annual fee reasonably
related to the administrative cost of registering andprocessing the registration
form and the costs of the city in monitoring and inspecting the property and
established by the City Manager and shall be paid in full prior to the issuance of
any permits or acceptance of the registration form for the subject property.
Sec. 33-112. Terms of Licenses:
(1) Every license issued under this division shall expire on December 31 of
the year in which issued and shall become delinquent on March 31 of the
year due.
(2) Upon application a license may be renewed and remain effective for
successive periods of one calendar year unless sooner revoked at any
time by the City Manager for noncompliance with any applicable
provisions of this Code.
(3) Licenses may be transferred from one person or business to another
provided notice of the transfer is given in writing within five (5) working
days of the transfer, to the City Manager.
(4) Licenses shall not be transferable from one building to another.
(5) Every person or business holding a license shall give notice in writing to
the City Manager within five (5) working days after having transferred or
otherwise disposed of the legal control of the licensed building. Such
notice shall include the name and address of the persons or businesses
succeeding to the ownership or control of such licensed building.
Sec. 33-113. Inspections:
The owner shall allow inspection of the building by City representatives upon
request and shall allow annual inspection of the interior and exterior of the
premises for the purpose of enforcing and assuring compliance with the
provisions of this chapter and the housing, building and fire Codes.
Sec. 33-114. Renewal Licenses:
The City Manager is hereby authorized to issue and renew vacant or abandoned
building licenses for specific buildings, in the names of the applicant owners,
operators or managers, provided the following criteria are met:
(1) The building for which the license is sought is warranted by the owner or
operator to substantially comply with applicable provisions of this code.
(2) The owner or operator legally authorized and responsible for maintenance
of the building for which a vacant or abandoned building license is sought
shall first make application therefore on an application provided by the City
Manager.
(3) All fees required by this Code pursuant to the issuance of a vacant or
abandoned building license are paid in full to the City.
(4) The applicant shall designate a responsible agent to represent the
owner/operator whenever the said applicant is not available for
maintenance of the building for which a license is sought. Said agent shall
have full authority and responsibility, the same as the owner/operator, for
... maintairri~~g~th~e building. . ,.
•~• ..
Sec. 33-115. Renewal, Penalty for Failure to Renew License:
An application for renewal of a vacant or abandoned building license may be
made within sixty (60) days prior to the expiration of an existing operating
license. Application for renewal of vacant or abandoned building licenses shall
be due on January 1. Application may be made and license fees paid until
March 31 without penalty. Each day that the owner fails to renew such license
as required by this Article shall constitute a separate violation for which a
municipal infraction citation may be issued.
Sec. 33-116. Revocation, Reinstatement Measures:
If a vacant or abandoned building license is revoked by the City Manager for
noncompliance with any applicable provisions of this Code, the owner/operator of
the building shall be given thirty (30) days to comply with the provisions of this
Code. Extensions of such thirty-day period may be granted at the discretion of
the City Manager. Upon expiration of the thirty-day period, or any extension
thereof, if the building continues to be noncompliant, a municipal infraction will be
issued.
Sec. 33-117. 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 ordinances 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.
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OFFIGIAE RUI~LI~~TI~RI stl
®RDItdAPdGE PdO. 44-®7 to
AMENDING ARTICLE VIC ' sf
OF THE CITY OF pr
DUBUQUE CODE OF st
ORDINANCES LICENSING pt
pF VACANT AND re
ABANDONED BUILDINGS sl
NOW, fllEftEFORE BE c
IT ORDAINED BY THE.,: o
LIT! COUNCIL OF THE tt
CITY ' QF DUBUQUE; ti
IOWA::. s
Section 1. City of Dubu=
que Gdde of Ordinances
Article VII is hereby
amended to read as fol-
. lows:
~ Article VII Licensing of
j Vacantandlor Abandoned
nlding - I
~c: 3,, 10$~ Definitions:
ariicl: purpose of this
cr,reatn terms,
;~nrnzas vords and their
lei ivafi dr s shalt be con-
strued ~s oecified in
dither this al,~,le or as
specified im the. Building
code or the Ftousin , Dade.
Where: terms are. no: de-
fined,. they shall' have tl .. ,,.
ordinary accepted mean-
ings within the context in
I which they are used. Un-
less othenraise expressly
"? stated or unless the con-
text clearly indicates a dif-
ferent Infent, the following
terms shall, far the pur-
pose of this article, have
the following meanings;
(1) Abandoned 8u'tlding:
Any building or portion
Ihereof which has stood
Nith an incomplete exterior
;hell for six (6) months or
anger or any building or
sortion thereof which is
inoccupied and which
meets one or more of the
following criteria:
a.ls unsecured; or
b. Is in violation of the
City of Dubuque Housing
Code, Building Code or
Firz Code.
i2) Building Code: The In-
ternational Building Code
promulgated by the Inter-
national Code Council, as
:adopted in Section 11-1 of
the City of Dubuque, Code
of Ordinances.
(3) Gity Manager: In-
cludesthe Gity_Manager's
.designee.
(~) Dangerous;-:Building.
Any building orstructure
which has any oCall of the
conditions. or defects
hereinafter described, pro-
vided that such conditions
or defects exist to the ex-
tent [hat the tire, health,
property or safety of the
;public or the occupants of
fhe building are endan-
gered:
a: Whenever any door,
aisle; passagevday, stau
wayor other means of exit
is not of sufficient width or
s'2e or Is not so arranged
as to provide safe and ad-
.;,.equate means of exit in
case of fire or panic.
b. Whenever the walking....
surface of any aisle, -pas-
sageway, stairway or other
means of exit Is warped;
worm, loose, torn or other-
wise unsafe as to not. pro-
vide safe and adequate
means of exit in case of
.fire. or panic.
c. Whenever the stress im
any materials, member or
portion thereof due to all
dead and live loads;. is
more than one and: one-
half(1 1/2) timesthework-
ing stress or stresses al-
lowed on the building code
for new buildings of similar
structure, purpose or loca-
tion.
d. Whenever any porrfion
thereof has been damaged
by f,~<~. earthquake, wind,
structure has been con-
ucted, exists or is main-
ned in violation of any
ecific requirement or
~hibition applicable to
ch building or structure
ovided by the building.
gulations of this city, as
~ecified in the building:
the or housing code, or
any law nr ordinance of
is state or city relating to
ednditu>n. location or
or structure which, whetm-
er or not erected in ac-
cordance vdtth al( applica-
ble la:vs and ordinances,
has in any non-supporting:
pan, member or por[ion-
ess than fifty (50} percent,:
or In any supporting part,
member of portion less
than sixty-six'(66} perfeet
of the (a) strength, (b}
resisting qualities or char-
arteristics. or (c} weather-
resisting qualities or char-
acteristics required by .law
in the case of a newlycon-
structed building of like
area, height and oacupan-
~y in the same location.
o. Whenever a building dr
structure, used or intended
to be used for dvvelling
purposes, because of in-
adequate maintenance'; di-
lapidation, decay, damage,
faulty construction oY ar-
rangement, inadequate
light, air or sanitation facili-
ties, or otherwise, is deter-
minPd by the health officer
to be unsanitary, unfit far
human habitation or in
such a condition that is
likely to cause sickness or
disease.
p. Whenever any building.
or structure, because of
obsolescence, dilapidated
condition, deterioration,
damage, Inadequate exits.
lack- of sufficient fire-
resistive constructlon, faul-
ty electric vAring, gas con-
nections or heating appa-
ratus, or other cause, is
determined by the fire
marshal to be a fire haz-
ard..
d. Whenever any building
or structure Is In such con-
dition as to constitute a
public nuisance (mown to
the common laud or in
equity jurisprudence.
r. Whenever any portion
of a building or structure
remains on a site affer the
demolition or destruction
of the building or structuro.
or whenever any building
~r si ructure is abandoned
for a period in excess of
six (6) months so as to
constitute such building or
)3ortfori thereof an at: , ac- ,
live nuisance or hazard to-
the public: '
(5} Fire Code: Internaticn-
al Fire: Cbde, 2003 editio ~,
as_adopted by Chapter tg
of'the Oity of Dubuque.
Oode of Ordinances.
{6) Housing Cbde: i Ise
Oity of Dubuque Residen-
tial Housing Code, as
adopted'in Section 26-1 of
the City of Dubuque, Cadc
of Ordinances.
(7}.Nuisance: Each of tha
fdllowing shall be definFd
as, a "nuisance":
a: Any public .nuisance
:known at common law or
fm equity jurisprudence.
b, Any attractive nuisance
which may prove detri-
ntenial to personswhether
in a building; on the prenr
ises`ofa building, or upon
art unoccupied lot.
c. Whatever is dangerous
to human life or is a rnen-
ace to the public health,
welfare cr safety as deler-
mined by the City Manager.
d. A bwlding hat is struc-
housing, building;.. fire,. designs
health or zdning code via- behalf
cations; propert
f. Undccupied for aeon= legal p
tinuouc peribd of time over ces, ar
twelve rrt2) months; pairs as
Ij. Ihioccupied-and open (5) Thy
to vagrants, vantlals, chil= tiuildinc
dren or the unwary;. main vt
h. Unoccupied and ndt and tin
maintained by owner or re- with apt
sponsible party; or Sea 3
'r. Unoccupied=and not re- The o~
ceiving service by public' -abando
utilities. pay an t
rec. 33-909q Vacant bly relai
and/ar b~bandonetl-Build- trative ~
ing,l_icense:- ~~nd pre
No; person or "business tration t
etsall maintain a :vacant nr of the