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Code of Ordinances Amendment - Title 6 Housing Code Appeals Board Copyright 2014 City of Dubuque Action Items # 1. ITEM TITLE: Code of Ordinances Amendment - Title 6 Housing Code Appeals Board SUMMARY: City Manager recommending approval of an ordinance which creates a new Title 6, Chapter 6, Section 6-6-8 which establishes the Housing Code Appeals Board and provides for the powers, operation, membership, and meetings, and reduces membership from seven residents to five residents. ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 6 Housing Regulations by Repealing Section 6-6-8 Housing Code Appeals Board and Adopting A New Section 6-6-8 Housing Code Appeals Board in Lieu Thereof Establishing the Housing Code Appeals Board, Providing for the Powers, Operation, Membership, and Meetings, and Reducing Membership From Seven (7) Residents To Five (5) Residents SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Housing Code Appeals Board-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commission — Housing Code Appeals Board DATE: March 10, 2015 The City Attorney's Office and the City Clerk's Office have been working on updating the Boards and Commissions ordinances to make the standard provisions in all of the ordinances uniform and consistent. Assistant City Attorney Crenna Brumwell recommends City Council approval of an ordinance which creates a new Title 6, Chapter 6, Section 6-6-8 which establishes the Housing Code Appeals Board and provides for the powers, operation, membership, and meetings, and reduces membership from seven residents to five residents. The reduction in membership is to avoid quorum problems. The Housing Code Appeals Board was originally established in April 1979. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THS CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ESQ. ASSISTANT CITY ATTORNEY L`.'_V. 9LyJ`k`%'V�I ne To: Michael C. Van Milligen !l/'` City Manager DATE: February 27, 2015 RE: Boards and Commissions — Housing Code Appeals Board The City Attorney's Office, together with the City Clerk's Office and each individual department, have been working on updating the Boards and Commissions ordinances for the City of Dubuque. The goal is to make the standard provisions in all of the ordinances uniform and consistent. Attached please find a draft ordinance for the Housing Code Appeals Board, which was established in April 1979. For this ordinance, a new Title 6, Chapter 6, Section 6-6-8 is adopted which establishes the Housing Code Appeals Board and provides for the powers, operation, membership, and meetings, and reduces membership from seven (7) residents to five (5) residents. I recommend that the ordinance be submitted to the City Council for consideration. Please let me know if you need further information. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 23-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS BY REPEALING SECTION 6-6-8 HOUSING CODE APPEALS BOARD AND ADOPTING A NEW SECTION 6-6-8 HOUSING CODE APPEALS BOARD IN LIEU THEREOF ESTABLISHING THE HOUSING CODE APPEALS BOARD, PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS, AND REDUCING MEMBERSHIP FROM SEVEN (7) RESIDENTS TO FIVE (5) RESIDENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-6-8 of the City of Dubuque Code of Ordinances is hereby released and the following adopted in lieu thereof: 6-6-8: HOUSING CODE APPEALS BOARD: A. Board Created: There is hereby created the Housing Code Appeals Board. B. Purpose: The purpose of the board is to conduct hearings upon application by any person aggrieved by a notice and order of the city manager issued in connection with a violation of the Housing Code or of any applicable rule or regulation issued pursuant to the Housing Code. C. Internal Organization and Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises five (5) residents of the city, appointed by the city council. 2. Reasonable efforts will be made to obtain representation of tenants, landlords, building trade professionals, attorneys, realtors, and similar candidates whose experience or profession provide unique and informed view points as they relate to the decisions that the board will provide. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is qualified and appointed. H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a chairperson and vice - chairperson, each to serve a term of one (1) year. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term at the first regular meeting of each year. The city manager's designee will serve as secretary to the board and must provide all decisions and findings in writing to the appellant. J. Meetings: 1. Regular Meetings. The board must meet when there are appeals to be heard. 2. Special Meetings. Special meetings may be called by the chairperson, at the written request of a majority of the members, or the city manager or city manager's designee. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum. Three (3) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: Except as provided in J(4)(a), the city council may remove any member as provided in Iowa Code § 372.15. M. Powers: The board has the following powers, duties, and responsibilities: 1. The board, by a majority vote, may: a. Sustain the notice and order; b. Grant a variance; c. Grant an extension of time; or d. Grant a waiver of applicability in the case of the levying of rental dwelling operating license penalties. 2. In granting an extension or variance of any notice or order, or waiver of application of a licensing penalty, the board must observe the following conditions: a. The board may grant an extension of time for the compliance of any notice and order for not more than ninety (90) days, subject to appropriate conditions and provided that the board makes specific findings of fact based on evidence relating to the following: (1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; (2) That such an extension is in harmony with the general purpose and intent of the Housing Code in securing the public health, safety, and general welfare; and (3) That the violation in question does not constitute an imminent threat to public health, safety, and welfare. b. The board may grant a variance in a specific case and from a specific provision of the Housing Code subject to appropriate conditions and provided the board makes specific findings of fact based on evidence related to the following: (1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; (2) That the effect of the application of the provisions would be arbitrary in the specific case; (3) That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships; (4) That such variance is in harmony with the general purpose and intent of the Housing Code in securing the public health, safety, and general welfare and does not constitute an imminent danger to the public; or (5) That the repairs and alterations necessary for the preservation, restoration, or continued use of a building or structure may be made without conformance to all of the requirements of the Housing Code, when authorized by the appeals board, provided: i. The building or structure has been designated by official action of the applicable legislative or administrative body as having special historical or architectural significance. ii. Any substandard conditions as described in this Code will be corrected. c. The board may grant a waiver of penalties, subject to appropriate conditions and provided the board makes specific findings of fact that the levying of the penalty was inconsistent with the provisions of this Code. Section 2. Nothing herein effects the term of any person serving as a member of the board as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of March, 2015. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor 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 20, 2015, and for which the charge is $109.62. PC)%e Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this day of , 20 /.S . Notary Public in and for Dubuque County, Iowa. WESTEI1MEYER :-.1 sion Number 154.685 , FEB. 1, 201' OFFICIAL PUBLICATION ORDINANCE NO. 23-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND EN- VIRONMENT, CHAPTER 6 HOUSING REGULA- TIONS BY REPEALING SECTION 6.6-8 HOUS- ING CODE APPEALS BOARD AND ADOPTING A NEW :SECTION 6-6-8 II HOUSING CODE AP- PEALS BOARD IN LIEU THEREOF ESTABLISH- ING THE; HOUSING CODE APPEALS BOARD, PROVIDING FOR TI -IE POWERS, OPERATION, MEMBERSHIP; AND MEETINGS, AND REDUC- ING MEMBERSHIP I FROM SEVEN . (7) RES DENTS TO FIVE (5) RES DENTS I NOW, THEREFORE, BE IT 'ORDAINED BY THE CITY COUNCIL OF THE 1 CITY •OF DUBUQUE, relate to the decisions that the . board will provide. F. Oath:Each person, li upon appointment or reappointment to the board, must execute an oath of office at the first. meeting of the board following the appointment or reap- pointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the' board is three (3) Years or until such I member's. successor is qualified and appoint- ed. H. Vacancies: , must be f.Vacan- cieslled in the same manner as original appointments. I Officers/Organiza- tion: The board must choose annually a chairperson and vice - chairperson, each to , serve a term: of one (1) year. The board must fill a vacancy among its officers for the remainder of the of- ficer's unexpired term at the first regular meeting of each year. The city manager's designee will serve as secretary to the board and must provide all decisions and findings in , writing to the appellant. J. Meetings; 1. Regular Meetings. The board must meet when there are appeals to be heard. 2. Special Meetings. I I Special meetings may be called ` by the chairperson, at the written request of a , majority of the members, or the city manager or city manager's designee. 3. Open Meetings. All meetings must>be called and held in conformance with )the Iowa Open Meetings Law, 4. Attendance. a. In the event,a member of the board has been ':absent for three (3) or more consecutive meetings of the board, without being. excused by the chairperson, such ab- sence will be grounds for the `board '.to. recommend to the city council that the position be declared vacant and a re- placement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes. A copy: of the minutes of all regular and special meetings' of the board must be filed with the city council within ten (10) working days after each meeting, or by° the next regularly scheduled city council meeting, whichever` is IOWA Section 1. Section 6-6- I , 8 of the City of Dubuque Code of Ordinances is hereby released and the I following 'adopted in lieu thereof: 6-6-8: HOUSING CODE APPEALS BOARD: A. Board Created: There is hereby created,''. the Housing Code Appeals Board. I B. -Purpose: The i1 purpose of the board is to conduct hearings upon application by I any person aggrieved by,a notice and order of the city manager issued in connection with a violation of the Housing Code or of any applicable rule or regulation issued pur- suant to the Housing Code. I C. Internal Organi- zation and Rules: The board may adopt rules and regulations; . to govern its organiza- tional procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. D. Procedures' for Operation: All adminis- trative; `personnel, ac- counting, budgetary,' and procurement ]poli- , cies of the city govern the board in all its operations. E. Membership: L1. The board com- prisesfive (5)' resi- dents of the city, appointed by the city council. 2. Reasonable efforts will be made to obtain representation of ten- ants, landlords, build- ing trade professionals, attorneys, realtors, and similar candidates whose experience or provide rofession and in ormed view points as they later. 6. Quorum. Three (3) members of the board constitute a quorum for the transaction of business. The affirma- tive vote of a'rnajority of the members' present and voting. is necessary for the adoption of any motion or resolution. 1C. Compensation: Members serve with- out compensation, pro- vided : that they may I receive reimbursement "for necessary travel] and other 'expenses I while oh official board I business within the limit established .•in the city administrative, policies and budget. I L. Removal: Except as provided in 1(4)(a) the "city council may I remove any member as provided in Iowa Code § 372.15. M3 Powers: The board has the following powers, duties, and responsibilities: 1. The board, by a ma ority vote, may: a Sustain,the notice and order; b. Grant a variance; c. Grant an extension of t me;�or d Grant a waiver of; applicability in the case :of the levying of rental -"'dwelling oper- ating iicense penalties. 2' In granting an I extension or variance of any notice or order; I or waiver of appli- cation of a licensing penalty, the . board must' observe the following conditions: a.: The board may grant an extension of time for the com- pliance' of any notice and order for. not more than ninety (90) days, subject to appropriate conditions and pro- vided that the board makes specific findings of fact based on evidence relating to the following: (1) That there ,are practical difficulties or unnecessary hardships in carrying out'the strict letter of'any notice and order; (2) That such an extension is in har- mony with the general purpose and intent of the Housing Code in securing the" public health, safety, and general welfare; and (3) That the violation in question does not const tute an imminent threat to public health, safety, and welfare. b. The board may grant a variance in a specific case and from a specific provision of the Housing Code subject to appropriate conditions and;pro vided the board makes specific findings of fact basedon evidence related to the fol- lowing: ' t there a pract(1)icalThadifficultiehers orer unnecessary hardships in carrying out the; strict letter of any notice and order; (2) That the effect of the application; of, the provisions would be IraobSuiefi;dr ary in the specific n(3) That an extensionnot constitute an appropriate remedy far these 'practical difficulties nor unrieces- sary hardships; (4) That such Variance is in harmony. with. the general ^ purpose; and intent of the Housing Code in public secu,"ringsafetthye `,health, and general. welfare'I and does `""not'con- st`imminent daitutenger toan the piuplic; or (5) That the, repairs <. and alterations; neces- sary for the preser- vation,';restoration, or continued use of "a building or structure may be made without conformance to all of the requirements Of the Housing Code, when authorized by the appeals board, provided: i. The building or structure has been I designated by, official action of the applicable I legislative or adminis- trative body as having i special historical or architectural signifi- Cance. ii. Any substandard 1 conditions as des- cribed in this Code will be, corrected: 11 c. The board may grant a waiver of , penalties, subject to appropriate conditions 1 and provided the board 1 makes specific findings( of fact that the levying of the penalty was inconsistent with the provisions of this Code. Section 2. Nothing.I herein effects the term of any person serving as a member of the I board as of the effective date of this, Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of March, 2015. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Published officially in the Telegraph Herald•I newspaper on the 20th day of March, 2015. /s/Trish L. Gleason, Assistant City Clerk 1t 3/20'