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'