10 8 07 Decision Appl Public Nuisance_409 BurchBEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
In the Matter of 409 Burch Street,
Dubuque, Iowa
DECISION ON APPLICATION FOR DETERMINATION OF PUBLIC NUISANCE
The City Manager of the City of Dubuque, Iowa has applied to the City
Council to determine whether 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.
A NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR
DETERMINATION OF PUBLIC NUISANCE
personally on the owner
posted on the building
for August 27, 2007. White
The hearing was re-set for
September 7, 2007 with the
:he building on September 7,
of the building, John
on July 3, 2007, f
requested a continu
October 8, 2007. W
notice of hearing an
2007.
White on July 5, 2007,
or the hearing originally set
hite was personally served or
ance to obtain new counsel
d notice was also posted on
A hearing on the Application was held on October 8, 2007. John White
appeared personally at the hearing.
Based upon the evidence presented at the hearing, the City Council finds
as follows:
!1. The building has stood with an incomplete exterior shell for longer than
one year.
t,~2. The building is and has been unoccupied for several years.
3. Windows, exterior doors and basement or cellar doors and hatchways
are not substantially weathertight, rodentproof and kept in good repair.
was served
and was also
--y 4. Rainwater is not 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.
5. Floors, interior walls, interior doors and ceilings are not in sound
condition and good repair.
-~~= 6. Porches, patios and balconies located more than thirty inches (30")
higher than the adjacent area are not provided with protective guardrails.
The building and the owner are therefore in violation of the following
sections of the City of Dubuque Code of Ordinances:
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.
The City Council determines that the building is a public nuisance.
The City Manager is ordered to abate the public nuisance in any manner
authorized by law, including condemnation and conveying the property to a
private individual for rehabilitation or for demolition and construction of housing
as provided in Iowa Code § 364.12A.
A copy of this Decision shall be delivered to John White.
This Decision shall be effective upon delivery to John White.
Dated this day of October, 2007.
THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA
By
Roy D. Buol, Mayor