Mintes City Council 10 8 07
CITY OF DUBUQUE
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in special session at 6:30 p.m. on October 8, 2007, in
the Historic Federal Building
Present: Mayor Buol, City Council Members Braig, Cline, Connors, Jones, Lynch,
Acting City Manager Randy Peck; City Attorney Barry Lindahl
Also Present: John White, 409 Burch Street
Mayor Buol read the call and stated this was a special session called for the purpose
of conducting a hearing on the matter of 409 Burch Street and Declaration of a Public
Nuisance.
Mayor Buol swore-in the prospective witnesses. Property owner John White objected
to the hearing being held stating his attorney, who could not be present, had requested
a continuance.
Assistant City Attorney Crenna Brumwell, representing the City of Dubuque,
submitted the returns of service showing service of the Notice of Hearing on John
White. John White submitted photos of the subject property taken at 5:00 p.m., October
8, 2007.
The City called Housing and Community Development Director David Harris as a
witness. Harris testified that the Housing and Community Development Department
was first notified of problems at 409 Burch Street in 2003. Complaints included storage
of construction equipment, wild animals on the property, and the appearance of the
property. He stated that after the first complaint, the department actively inspected the
premises with site visits and meetings with the owner, John White. Beginning in 2005 a
monthly progress report was submitted to the City Manager.
The City offered into evidence Exhibit #1, 236 pages of enforcement records,
including inspection reports, progress reports, photographs and correspondence to the
City Manager, as evidence. White objected stating that the City was presenting material
from the past and the purpose of the hearing was to determine if the property
constituted a public nuisance today (October 8, 2007). Assistant City Attorney Brumwell
responded that the exhibit was offered as background material to show the enforcement
history. The objection was overruled.
The City offered into evidence Exhibit #2, photographs from October 4, 2007, and
Exhibit #3, photographs from October 8, 2007, as evidence, noting that there was still
an incomplete exterior on the building and that it continued to be unoccupied. The
exhibits were admitted.
On cross-examination, White questioned why the City contended that the shell was
incomplete, stating that according to national building standards, it was complete.
David Harris provided information as to what constituted an incomplete shell.
The City called Housing Inspector Roger Benz, who reviewed the photographs taken
over the past several years stating they were an accurate depiction of the condition of
the structure throughout the enforcement process. White stated he had no questions
for the witness.
The City rested its case.
White reiterated that he objected to the hearing as he had no counsel present and
that it was his understanding that the hearing was to be on the current condition of the
structure, not past history of enforcement. He contended that the photographs taken by
him as of 5:00 p.m., October 8, 2007, clearly showed that the exterior of the home was
nearly complete and that calling it a “public nuisance” was a “travesty.”
After discussion by the City Council, Buol read proposed findings and there was
concurrence that the evidence showed the following violations of the City of Dubuque
Code of Ordinances:
1. The building has stood with an incomplete exterior shell for longer than one year.
2. The building is and has been unoccupied for several years.
3. 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.
4. Porches, patios and balconies located more than thirty inches (30”) higher than
the adjacent area are not provided with protective guardrails.
Connors moved to adopt the proposed Decision 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 property to a private
individual for rehabilitation or for demolition and construction of housing as provided in
Iowa Code Section 364.12A. Seconded by Braig. Motion carried 6-1 with Lynch voting
nay.
There being no further business, upon motion the meeting was adjourned at 8:00
p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/17