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Code of Ordinances Amendment - Title 6 Adopting the International Property Maintenance Code 2nd/Final Reading Copyright 2014 City of Dubuque Action Items # 1. ITEM TITLE: Code of Ordinances Title 6 -Adopting the International Property Maintenance Code (2nd Reading) SUMMARY: City Manager recommending adoption of the International Property Maintenance Code to replace the City's existing Housing Code and used for the rental inspection program. Correspondence from Behr's Funeral Home, the Downtown Neighborhood and Historic Bluffs Neighborhood Associations, Mary Gotz, and Terry Mozena regarding adoption of the International Property Maintenance Code. ORDINANCE Repealing Title 6, Chapter 6 of the City Of Dubuque Code Of Ordinances and all other ordinances or parts of laws in conflict therewith; adopting the 2015 Edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structure in the City of Dubuque; providing for the issuance of permits and collection of fees therefor; and adopting a new Article within Title 14, Chapter 1 as Article J SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Adoption of International Property Maintenance Code- City Manager Memo MVM Memo Staff Memo Staff Memo Approved Interpretations Supporting Documentation Ordinance Ordinance Behr's Funeral Home Letter Supporting Documentation Downtown Neighborhood Association Letter Supporting Documentation Historic Bluffs Neighborhood Association Letter Supporting Documentation Gotz Letter Supporting Documentation Mozena Letter Supporting Documentation Suggested Motion Supporting Documentation THE CITY OF Dubuque U E 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: Adoption of International Property Maintenance Code DATE: March 17, 2016 Assistant City Attorney Crenna Brumwell and Housing & Community Development Department Director Alvin Nash are recommending adoption of the International Property Maintenance Code to replace the City's existing Housing Code. The International Property Maintenance Code would be used for the rental inspection program. The housing code for the City was originally adopted in 1979. The code has been amended from time to time, but has not had a comprehensive overhaul in at least 20 years. The International Property Maintenance Code is updated by the International Code Council every three years. The City Council has previously adopted and the City currently uses the: • International Building Code • International Residential Code • International Plumbing Code • International Mechanical Code • International Energy Conservation Code • International Fuel Gas Code • International Fire Code. The Building Services Department currently uses the International Property Maintenance Code, but not the Housing & Community Development Department. The City first shared information on the intention to adopt the International Property Maintenance Code with the executive committee of the Dubuque Area Landlord's Association in fall 2015 at the monthly meeting between City staff, including the City Manager, and the Dubuque Area Landlord's Association Executive Board. The association asked an executive committee member, Tom Smith, to act as liaison with the City for review of the International Property Maintenance Code. A formal presentation on the International Property Maintenance Code was given to the executive committee of the Dubuque Area Landlord's Association in December 2015 at the monthly meeting with City staff. A presentation by City staff at a general membership meeting of the landlord's association occurred in January 2016. The City's original intent was to present the International Property Maintenance Code adoption for City Council consideration on February 1 , 2016. At the January 12th meeting Tom Swift, of Executive Management, asked for a delay in presentation of the code revision to the City Council. It was agreed the City Council presentation would be delayed until March 21 , 2016, to provide additional time for Tom Swift to review and comment. Multiple drafts of the International Property Maintenance Code have gone back and forth between City staff and Dubuque Area Landlord's Association representatives. A summary of the code modifications was provided to the Dubuque Area Landlord's Association Executive Team on March 10, 2016, at the monthly meeting with City staff. City staff has committed to include the International Property Maintenance Code as a standing agenda item with the Dubuque Area Landlord's Association Executive Team at the monthly meeting with City staff for a minimum of the next 18 months for feedback. The proposed International Property Maintenance Code adoption has been shared with a number of neighborhood associations, community groups, and City boards and commissions. To date, the Housing Commission, Community Development Advisory Commission, Historic Bluffs Neighborhood Association, and the Downtown Neighborhood Association have voted to support adoption of the International Property Maintenance Code. There was consensus among the Housing Code Board of Appeals to support the adoption. The International Property Maintenance Code will benefit the operations of all landlords as it will raise the expectations for those few who are operating subpar rental units in the community. The International Property Maintenance Code will increase the quality of rental housing stock, the quality of neighborhoods, and allow for the attraction and retention of quality tenants. Additionally, use of the International Property Maintenance Code is expected to improve efficiency and consistency of inspections across departments as there is training and resources available for staff. I concur with the recommendation and respectfully request Mayor and City Council approval. /} t 64�- Mic ael C. Van Milligen MCVM:jh 2 Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna M. Brumwell, Assistant City Attorney Alvin Nash, Housing & Community Development Department Director 3 THE CITY OF DUB E MEMO NDUM Masterpiece on the Mississippi CRENNA M . BRUMWEL , V11Y Q. ASSISTANT CITY ATTOR To: Michael C. Van Milligen, City Manager FROM: Crenna Brumwell, Assistant City Attorney Alvin Nash, Housing & Community Development Department Director DATE: March 16, 2016 RE: Adoption of International Property Maintenance Code Background The housing code for the city was originally adopted in 1979. The code has been amended from time to time, but has not had a comprehensive overhaul in at least twenty (20) years. The current housing code is not fresh or relevant. Due to staffing and workloads it is not reasonable to believe city staff can devote the time necessary to review, update, and overhaul the housing code on a regular basis. This is a disservice to all property owners and residents in the community. The solution identified by staff to keep current with best practices across the country was a recommendation to adopt the International Property Maintenance Code. This concept was originally presented in 2013 and came from the University of Iowa in its findings on a study of Dubuque's Healthy Homes and Rental Housing Inspection programs. Specifically, the University of Iowa report noted: "We recommend that the City of Dubuque adopt the 2009 or 2012 International Property Maintenance Code (IPMC). The IPMC is similar to Dubuque's current code in many ways, but addresses additional health and safety conditions in the home and uses more specific language.......Overall, the IPMC would modernize the city's code and apply the most up-to-date health, safety and welfare understandings to existing renter-occupied and owner-occupied properties alike." The International Property Maintenance Code is updated by the International Code Council every three (3) years. The International Code Council is made up of professionals from all over the country who collaborate on best practices. It is understood the code is not 100% right for every jurisdiction and must be locally adapted. What the ICC offers every three (3) years is a document showing the relevant changes from one version to the next which makes keeping the code fresh and relevant 1 a much easier and more manageable task. Each jurisdiction has the option to update to the newer version, it is not mandated, and an update can be done similarly to the adoption recommended, with specific modifications which work for Dubuque. Changes from one version of the IPMC to the next tend to be clarifications for the purpose of consistency with other codes and clarity of content. For instance the changes made from the 2012 IPMC to the 2015 IPMC included: • Two (2) changes to Scope and Administration (having no impact on inspection); • Two (2) definitions added (having no impact on inspection); and • Three (3) changes to the Fire Safety Requirements (which are all consistent with the International Fire Code). The likelihood of a unit or building that was inspected and approved under the 2015 IPMC not passing an inspection under the next version (anticipated in 2018) would be nearly zero. The City council has previously adopted and the city currently uses the: • International Building Code • International Residential Code • International Plumbing Code • International Mechanical Code • International Energy Conservation Code • International Fuel Gas Code • International Fire Code. The Building Services Department currently uses the International Property Maintenance Code, but not the Housing & Community Development Department. Here is a short summary of the differences between the current housing code and the IPMC: Dubuque Housing Code International Property Maintenance Code (IPMC) Adopted 1970s Every three (3) years Length Thirty-three (33) pages Thirty (30) pages Application Residential Property Only Applies to all property types Assistance Available None International Code Council and Commentary Training Available None International Code Council and Linda Pieczynski Overlap with Little, only where Coincides with other Other Codes specifically written in International Codes with specific references to other codes Forms/Templates None Books and disks with forms and Available templates are available for International Codes 2 Some, but nothing Building Department currently uniform with the codes uses the IPMC. Use by Housing used by the Building would aid consistent inspections Services Department and consultation amongst Consistency with inspectors. Equipment could be Other Codes programmed for both departments if the same codes were being used, which may allow savings and/or efficiencies in technological purchases Information sharing with Dubuque Area Landlord Association (DALA) The City first shared information on the intention to adopt the International Property Maintenance Code with the executive committee of the Dubuque Area Landlord's Association in fall 2015 at the monthly meeting between City staff, including the City Manager, and the DALA Executive Board. These monthly meetings have been held for approximately seven (7) years. The association asked an executive committee member, Tom Smith, to act as liaison with the city for review of the International Property Maintenance Code. Tom Smith has a unique perspective as he is a current landlord in the community and is a retired housing inspector after working twenty-five (25) years in the City of Dubuque's Housing & Community Development Department. The City provided a link to the International Property Maintenance Code to the DALA executive committee for review. A formal presentation on the IPMC was given to the executive committee of the DALA in December 2015 at the monthly meeting with city staff. A presentation by city staff at a general membership meeting of the landlord association occurred in January 2016. Prior to the landlord association general membership meeting City staff met with Tom Smith to compare and contrast the current code to the IPMC. The goal of this meeting was to identify possible hardships for landlords and discuss local adaptations in the best interests of all (property owners, property managers, tenants, neighbors, and the city). At the DALA general membership meeting on January 12, 2016, City staff prepared a presentation which included the notes from the meeting with Tom Smith. The discussion covered the need for the change, the anticipated impact of the change, and the process of IPMC adoption, including the opportunity to draft amendments, exceptions, or approved interpretations. The City's original intent was to present the IPMC adoption for City Council consideration on February 1, 2016. At the January 12th meeting Tom Swift, of Executive Management, asked for a delay in presentation of the code revision to the City Council. It was agreed the City Council presentation would be delayed until March 21, 2016 to provide additional time for Tom Swift to review and comment. A further follow-up meeting was scheduled for Ben Pothoff, Housing Inspector, myself, Tom Smith, and Tom Swift. Tom Smith had previously provided input on the IPMC. Tom Swift was provided with an opportunity to provide commentary on the IPMC. 3 Some comments were presented at a meeting on February 10, 2016. A further opportunity (approximately 1-week as comments were asked to be submitted by February 18, 2016) was provided to submit additional commentary and feedback. When phoned by Inspector Ben Pothoff, on February 19, 2016, Mr. Swift informed him that DALA Rep Tom Smith had already noted the large items of concern and he had no additional feedback to provide other than to request periodic review of IPMC implementation to determine if any provisions of the IPMC were creating issues for landlords in the community. Multiple drafts of the IPMC adoption and approved interpretations have gone back and forth between city staff and DALA representatives. A summary of the code modifications was provided to the DALA Executive Team on March 10, 2016 at the monthly meeting with city staff. City staff has committed to include the IPMC as a standing agenda item with the DALA Executive Team at the monthly meeting with city staff for a minimum of the next eighteen (18) months for feedback. Sharing elsewhere in the community The proposed IPMC adoption has been shared with a number of neighborhood associations, community groups, and city boards and commissions. To date, the Housing Commission, Community Development Advisory Commission, and the Downtown Neighborhood Association have voted to support adoption of the IPMC. There was consensus among the Housing Code Board of Appeals to support the adoption. Local changes recommended City department names and City of Dubuque have been added when necessary for reference within the IPMC. Language explaining fees are set by the City Council was added. Inspection provisions have been amended to include some of the language from the current housing code. The notice of violation provision was amended to clarify a notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Appeal language was clarified to allow use of the IPMC by both staff in the Housing and Community Development Department as well as the Building Services Department and for appeals to the appropriate board of appeals. Reference to the Iowa open meetings law was added. Membership of the appeals board is outlined specifically as is the time frame for hearings. Provisions on attendance, meeting minutes, removal, and a few procedural rules from the existing code were retained and inserted into the local modifications of the IPMC. Sections on alternate members and compensation of members were deleted. The City of Dubuque does not have alternates on these specific boards. Compensation has been inserted into another section and remains consistent with the existing standards. 4 A few definitions were added to the IPMC or amended. The definitions include: elevated blood level, habitable space, and lead based paint. The provision on sidewalks/driveways was amended to refer to an existing city code provision and a handout used by the Engineering Department on defective sidewalks. The sections on weeds and rubbish were modified to account for Iowa Code §562A.15 which allows landlords and tenants to shift responsibility for certain actions from landlord to tenant in certain situations. The motor vehicle provision related to storage is not being adopted and the City will use the existing code sections within the Unified Development Code. An address identification provision has a new exception added to allow for Fire Official approval of nonconforming address identification. Dates have been inserted into sections on screens, heat supply, and occupiable work spaces. Protective treatment and interior surfaces provisions have been modified to take into consideration concerns expressed by the DALA. The measurement for room temperature will be maintained at the current standard. Bathroom availability, a requirement for certain door locks, and receptacle requirements have been modified slightly to take into account the age of Dubuque's housing stock and concerns expressed by the DALA. Items not covered by the IPMC The IPMC does not contain rental licensing provisions, so the provisions for licensing rental properties are in a separate section of the attached ordinance for your review and consideration. No substantial changes have been made to these provisions. They have been rearranged, formatted, and had some general clean-up of wording. Priority Category Designation, adopted locally in 2011 is not included, so like rental licensing, is attached as a separate ordinance section for consideration. Conclusion The IPMC will benefit the operations for many landlords as it will raise the expectations for those operating subpar rental units in the community. The IPMC will increase the quality of rental housing stock, the quality of neighborhoods, and allow for the attraction and retention of quality tenants. Additionally, use of the IPMC is expected to improve efficiency and consistency of inspections across departments as there is training and resources available for staff. Staff will be prepared to provide a short presentation to City Council on March 21, 2016. Please let me know if you have any further questions. Thank you. 5 Housing & Community Development Department IPMC Approved Interpretations 107.6. Transfer of Ownership. "Has been served" is key component of this provision. The City policy is not to hold up real estate transactions unless a formal citation and/or court order has been issued. Served means formal service of process or issuance of an order by the Iowa District Court for Dubuque County. 111.6. Board decision. Once a variance has been issued for a property the variance will remain in effect for the life of the property unless work requiring a building permit is done to the area with the variance. 202. Definitions. The inclusion of the word eating in the definition of habitable space is intended to cover separate dining rooms and not kitchens. 302.3. Sidewalks and driveways. See attachment A. 302.4. Weeds. GrassM/eed Height: 8" Maximum. All property owners are responsible for mowing and trimming their property. The maximum height allowed by City code for grasses, weeds, and other vegetation is 8 inches. While isolated weeds tend to grow faster than grass between mowings, the height of the majority of the grass and weeds in lawn areas should not exceed 8 inches (garden plants and ornamental grasses are excluded). 304.2. Protective treatments. All exterior painted surfaces shall be free from loose, flaking or peeling paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: 1 (1) Less than ten (10) square feet on an exterior wall or less than two (2) square feet on any other exterior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any exterior component with a small surface area. Repainting will be required only when the total area of defective paint is: (A) More than ten (10) square feet on an exterior wall or more than two (2) square feet on any other exterior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any exterior component with a small surface area. Paint Chips, Particles To Be Removed: Any paint chips, particles, or paint offal of any nature that are generated in the processes of paint removal, or in any other manner, shall be collected and removed from all areas of the premises. Prepared Surfaces: Paint will be applied only to properly prepared surfaces. 304.3. Address Identification. The purpose of the code is to ensure address identification is visible from the street for the provision of property emergency responses by the Police and Fire Departments. If an inspector from the Building Services Department or Housing and Community Development Department can view the address identification from the street the Fire Chief authorizes approval. 305.3. Interior surfaces. Interior Painted Surfaces: All interior painted surfaces shall be free from loose, flaking or peeling paint, or paint that is in any way noticeably separating from the constructed surface material, where these surfaces are determined to have lead based paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: (1) Less than two (2) square feet on an interior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any interior component with a small surface area. 2 A component is an element of a residential structure, identified by type and location, such as an interior wall, interior or exterior windowsill, baseboard, kitchen floor, stair treads or exterior wall. Repainting will be required only when the total area of defective paint is: (A) More than two (2) square feet on an interior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any interior component with a small surface area, i.e., windowsills, baseboards or trim. Paint Chips, Particles to Be Removed: Any paint chips, particles, or paint offal of any nature that are generated in the processes of paint removal, or in any other manner, shall be collected and removed from all areas of the premises. Prepared Surfaces: Paint will be applied only to properly prepared surfaces. 309.2. Owner. A property owner will be responsible for pest infestation if there has been a history of infestation at the identified unit. 309.4. Multiple occupancy. The City interprets this provision to be the same as the current code. The City intends to enforce against the party responsible for the cause/origin of the infestation but if the cause/origin cannot be legally proven the property owner will be responsible for resolving the infestation. 404.3. Minimum ceiling heights. Other rooms, not considered habitable, may be considered for a reduced minimum ceiling height at the discretion of the Housing Official and will be granted so long as life safety is not impacted. 404.4. Bedroom and living room requirements. City will allow the continued use of existing spaces approved under earlier codes until such time as the noncompliant area of a unit is renovated to the extent a building permit is necessary. Upon construction to the noncompliant area of a unit requiring a building 3 permit the noncompliance must be brought to current code standards. See also: IBC 102.6, IBC 102.6.1 , IBC 102.6.2, IRC R102.7, and IRC R102.7.1 . 604.2. Service. Continued use of 30 amp service will be allowed so long as it is maintained to the satisfaction of the Housing or Building official and without presenting danger to occupants. 606.2. Receptacles. The bathroom receptacle requirement will only apply to a unit's primary bathroom. 702.4. Emergency Escape Openings. Inspectors may use the following as a guide when the code of original construction cannot be determined: • In units in which windows are the approved second means of egress, i.e., in which there is no second door or stairway providing egress, minimum standards for window egress shall apply. Minimum standards for egress windows are as follows: o Every sleeping room shall have at least one openable window having a minimum net clear opening of three and one-half (31/2) square feet. o The required egress window shall have a minimum net clear opening height dimension of twenty four inches (24") and minimum net clear opening width dimension of twenty inches (20"). o The required egress window shall have a finished sill height of no more than forty four inches (44") above the finished floor. o Any new or replacement egress windows shall, in addition to meeting the requirements at subsections K3e(1) through K3e(3) of this section, have a minimum net clear opening of five and seven-tenths (5.7) square feet. • In lieu of meeting the minimum egress window requirements of subsection Kae of this section, an acceptable life safety alternative must be: o An exit directly to the outside air from the unit. o If the alternative exit is an interior stairway, it must serve only that one unit. o If the interior stairway serves more than one unit, it must be enclosed with material having a fire resistive rating of one hour, with fire doors protecting all stairway openings. o Any exit corridor serving as access to exits must also have a one hour fire resistive rating. 4 o There must be no more than thirty five feet (35') of travel distance to reach the exit, from the entrance door of any dwelling unit. 704.2 Single- and multiple-station smoke alarms. Existing smoke alarms will be allowed until the listed expiration date. 704.2.2 Interconnection, exception 2 and 704.2.3 Power source, exception 3. Interconnection and secondary power source will only be required as proscribed in the IBC or IRC when work to an area noncompliant with the current code requiring a building permit is initiated. Upon construction to the noncompliant area of a unit requiring a building permit the noncompliance must be brought to current code standards. See also: IBC 102.6, IBC 102.6.1 , IBC 102.6.2, IRC R102.7, and IRC R102.7.1 . Existing smoke alarms will be allowed until the listed expiration date. 704.2.3. Power source. Exceptions 1 & 3 allow for the use of battery powered smoke alarms. New and replacement smoke alarms must comply with the regulation in effect at the time of installation. Existing smoke alarms will be allowed until the listed expiration date. 14-1J-3 (13)(5): Application requirements. The agent must reside within fifty (50) miles of the corporate limits of the city. s Attachment A Standards for Defective Sidewalks— City of Dubuque Code A Vertical/Horizontal Separations equal to three-fourths inch (3/4") or more Code B Holes or Depressions equal to three-fourths inch (3/4") or more Code C Spalling over fifty percent (50%) of a single square with a depression z equal to three-fourths inch (3/4") or more Zf.ti� ` � Code D �f+ A single square cracked into more than three (3) pieces OR sections distorted three-fourths inch (3/4' or more rf,`°V : ��•I ram� V r 4v Code E , � "y Sidewalk is raised (or depressed) more than two inches (2") in an eight to ten foot (8' — 10') length from the normal grade of the sidewalk Y d Code F Water Stop Box is raised three-fourths inch (3/4") or more above Sidewalk or arklawn area and/or is missin a lid Y, 6 ®-/ '�� 8SHRts FUNERAL HOME Kathleen A.Conlon Kevin J.Conlon Nancy A. Conlon Jason J.Schumacher 1491 Main Street Dubuque, Iowa 52001 563.582.3297 behrfuneralhome@gmail.com Dear Dubuque City Council Members, We are writing you to publically express our support for the new International Property Maintenance Code. We understand there will be discussions on both sides of the issue, but let it be known that we at Behr Funeral Home, located at 1491 Main Street, are 100% in support of the new standards. As longstanding loyal members of this wonderful community, we believe that there are simply some ideas which must be embraced for the greater good, and future, of our city as a whole. First, we'd like to address that the adoption of these new regulations are clearly an opportunity to bring our housing standards up to date. It's been a long time since Dubuque has revised our standards, and the IPMC offers the most current understanding of housing and building codes. We appreciate that not all of these codes will actually fit within our historic community, but the fact of the matter is that we can hand pick those we like and dismiss those we don't. We also have the ability to update new regulations on a regular basis, as the IPMC presents new ideas every few years. There is no consequence to adopting the new standards as they are developed, but only a hope that we can assure proper, decent and respectable housing for our residents. Secondly, we acknowledge that some of the rental property owners will be fervently determined to push back against the adoption and implementation of these new standards. Unfortunately,some of our landlords are neither interested in, nor concerned with the living conditions of their tenants. They simply view their asset as an opportunity to provide a continuous revenue stream with no concern about the day to day effects they are having on the tenants, buildings and neighborhoods. It's these attitudes which have sadly made the new IPMC regulations a necessity. We should understand that the majority of rental property owners within our community are respectable, honest and decent folks who embrace their properties as not only an income stream, but also as a home for others to occupy and an investment. They have no interest in running their investments into the ground, nor do they find any joy in providing sub-standard living conditions for their renters. Thankfully, the majority of landlords will not be negatively affected by these new standards, as they already hold themselves to a higher standard. Their buildings, neighborhoods and community will continue to grow and prosper as they are already actively participating in providing quality living conditions. We appreciate that those who will be involved in bringing their properties in line with the new standards will have some financial liabilities to be addressed. We believe that they should be given a reasonable period of time to make the improvements and not be expected to repair every single building overnight. That being said, there should be some definite time limits set as these owners have already clearly shown that they will not improve conditions by their own fruition. We respectfully request that you give these new IPMC standards your honest consideration and view them as an opportunity to provide the renters of our beautiful community the ability to live in conditions which would be acceptable for any fellow human being. Thank you for your time, wisdom and authority in this matter and may we all believe that Dubuque is good enough to care for those who cannot always advocate for themselves. ■ rOil } Downtown Neighborhood Association rt• The purpose of the Downtown Neighborhood Association is to educate its members to ■ maintain a safe, healthy, clean and desirable place to live by welcoming new residents, by �0 advocating for a peaceful environment for all who live in the downtown neighborhood and by ■ contributing as vital members of the larger neighborhood, "Dubuque." March 16, 2016 Mayor and City Council City Hall 50 W. 13th Street Re: Adoption of the International Property Maintenance Code Dear Mayor and Members of the Council: We, the Downtown Neighborhood Association, strongly encourage you to adopt the International Property Maintenance Code. After discussion, the Association voted on this endorsement at our February 23, 2016 meeting. The Downtown Neighborhood Association has advocated for improved housing conditions in our neighborhood for years. We are well aware of the "broken window" theory and the relation between blighting conditions and crime. We understand the importance of eliminating blighting conditions in our neighborhood and the broader community. We believe the code will strengthen the City's efforts to improve housing conditions. This will also improve the safety of our neighborhood. Thank you for your consideration. Sincerely, ioe Noll, President CD Downtown Neighborhood Association °' m J G� Encl: February 23 Downtown Association Meeting Minutes 0 r M Cc: Michael C. Van Milligen, City Manager Qn Alvin Nash, Housing and Community Development Director Minutes of Tuesday,February 23, 2016 Downtown Neighborhood Association Meeting Meeting started with everybody introducing themselves and telling what their favorite hobbies or pastimes are. Meeting was called to order by Joe Noll at 6:30 PM in the St.Mark Youth Building on the corner of 12th Street and Locust Streets in downtown Dubuque, Iowa. Fire department representatives were called away at the beginning of the meeting so the Police Officers Jason Pace and Paul Aveharaus gave a brief report of 2 recent warrant arrests that resulted in stopping drug related activities in our neighborhood.Also there was a successful identification of an individual associated with dealing heroin arrested as a result of police patrols in the downtown area. We have a meeting every month with the City Office and Joe Noll mentioned that the city is planning on introducing and installing more web-cameras in the downtown area. Surveillance cameras are being used by some property owners in the neighborhood.Joe has asked the city for more property inspections in the downtown to help keep windows repaired and there is a need for the city to maintain properties and remove trash from vacant properties. Joe Noll proposed that we adopt the acceptance of the International Property Maintenance Code that was presented by the City of Dubuque at the January 12,2016 Community Development meeting.The Association members that were present at our Tuesday meeting heard a summary of the Maintenance Code and voted by saying Aye,and there was only one who was not in favor,and the adoption of the Code was approved. Tahj came to the meeting with chips,salsa,and dip and soda for everyone at the meeting. Last meeting we talked about having more book library boxes in the neighborhood and Joe Noll wants to build library boxes for posting around the downtown. Regarding books and reading,John Hessler reported that there are volunteers available for tutoring reading from St. Lukes'Methodist and there are Bibles from the Gideons within St.Lukes as well as children's reading books available for distribution to people in our neighborhood with John being the contact for how and where to get those resources and planning for reading tutorial times in the park and in different meeting places within our neighborhood. St. Marks will have a book lending library box available from Capable Volunteer Company very soon. Dubuque Fire Department volunteers Cal Motfsch and Ron McDonald presented the Acreditation Process for the Community of Dubuque and what the Fire Department does within the City. EMS and rescue activities were discussed and how prioritizing is changing as to how services are being dispatched. Progress is being made in greater efficiency of dispatching fewer numbers of people to emergency calls and more effort is being given to specifically targeted services for fire fighting and containment of fire and smoke. Measurable decreases are being achieved in costs and proven improvements in response times are being demonstrated within the city of Dubuque. The fire departments are measuring and constantly focused in improving timing,prevention,and neighborhood education. Smoke detectors are available and will be dispatched to anyone within our neighborhood and installed free by our fire department at any time. Fire marshal education is being done in the schools and fire department representation is being exhibited at the farmers market and other events in the downtown. Gardens near the fire stations are open to the public. The association thanks the Fire Department for making this presentation at the association meeting.The information and communication shared at the meeting was appreciated and well received and the association meeting concluded with applause for the Fire Department Presentation. Minutes from the meeting were written by John Hessler on March 1,2016 after review of the video- recording that was made from the meeting and sent by e-mail to Joe Noll that same day. Historic Bluffs Neighborhood Association March 17, 2016 Mayor Buol & Members of the Dubuque City Council: At the February 10, 2016 meeting of the above named association, the members voted unanimously to urge the Council Members to vote to approve the International Property Management code for housing dwellings. Respectfully, Trish McDonald, President 480 Arlington Street Dubuque, IA 52001 563.582.1744 Eieio62@hotmail.com (03/28/2016) Kevin Firnstahl - Fwd: Agenda item: IPMC concern Page 1 From: Mike Van Milligen To: Firnstahl, Kevin CC: Lindahl, Barry Date: 03/21/2016 1:26 PM Subject: Fwd: Agenda item: IPMC concern >>> Mary Gotz <mlgotz(o0hotmail.com> 3/21/2016 12:51 PM >>> From:Mary Gotz1844 Bennett St.Dubuque, IA 52001563.599.9390 To: The Honorable Mayor and City Council MembersRe: International Property Maintenance Codel am writing this in regard to the International Property Maintenance Code which will be discussed at tonight's meeting. I am a member of the DALA (Dubuque Area Landlord Assoc.) and also serve on the Board of Appeals Committee. I was sent the draft of items (and a copy of the IPMC) that possibly may be adopted by City Council tonight but would like to point out a couple of concerns as to why this might not be ready to be approved. We have not discussed any aspect of this new adoption from the Board of Appeals standpoint, so no time has been given for us to give feedback to anyone as of yet. After a personal review of the draft I notice an example of what I consider to be vague and would leave too much open ended discussion as to how this may be interpreted. I am referring to pest infestation. As it is stated presently in the draft, section 309.2 would read: "Property owner will be responsible for pest infestation if there has been a history of infestation at the identified unit." This may present a problem as to when the previous infestation occurred and how long the unit would be showing a "history"of the past problem. Who decides a "time of history"to determine if a tenant or landlord is responsible in this situation?I strongly feel that this adoption is not ready to be accepted and more time to scrutinize the changes are needed, especially since our Board has not met to discuss it. Respectfully,Mary Gotz Click https://www.mai Ico ntro I.co m/sr/gbGJYVazc MvGX2 PQPOmvUgE BY15CIgt117fu0 uo IYWBo+vm7 3+iuv Ki kODOQUg567DC6VAL70Kghm6l2a+jw== to report this email as spam. (03/28/2016) Kevin Firnstahl - Fwd: International Property Maintenance Code Page 1 From: Kevin Firnstahl To: Firnstahl, Kevin Date: 03/28/2016 3:34 PM Subject: Fwd: International Property Maintenance Code > From: "Terry Mozena" <TMozena gnpremierbanking.com> > Date: March 28, 2016 at 3:21:39 PM CDT > To: "Mike Van Milligen" <CtvMgr(o).citvofdubugue.org>, 'David Resnick" <Dresnick(o).citvofdubuque.orq>, "Joyce Connors" <Jconnors(o).citvofdubuque.orq>, "Jake Rios" <J -os(o).citvofdubuque.orq>, "Kevin Lynch" <Klvnch(o).citvofdubuque.orq>, "Luis Del Toro" <Ldeltoro(o).citvofdubugue.org>, 'Roy Buol" <Rdbuol(o).citvofdubuque.orq>, 'Ric Jones" <R ones(o).citvofdubuque.orq> > Cc: "Cindy Steinhauser" <Csteinha(o).citvofdubuque.orq> > Subject: International Property Maintenance Code > Dear City Council Members, > I am asking for your support of passage of the International Property Maintenance Code. Having this code is critical in making sure that all of our wonderful historic and non historic properties are maintained in a manner that will add value to our neighborhoods and pride in our community. We all gain by having properties well maintained, we solidify neighborhoods, maintain and improve property values and improve our image to visitors to our community. If we are the Masterpiece on the Mississippi, we need to have the tools in place that will allow this claim to remain true) > It is critical that this code be passed as soon as possible. > Sincerely, > Terry L. Mozena > Langworthy Neighborhood Association > Click here to report this email as spam. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. ORDINANCE NO. 8-16 AN ORDINANCE REPEALING TITLE 6, CHAPTER 6 OF THE CITY OF DUBUQUE CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURE IN THE CITY OF DUBUQUE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND ADOPTING A NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS ARTICLE J NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. That the current Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 2. Section 14-1J-1 of the City of Dubuque Code of Ordinances will read as follows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the office of the Building Services Department and Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dubuque as Title 14, Chapter 1, Article J, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of the Building Services and Housing and Community Development Departments are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 3 of this ordinance. Section 3. Section 14-1J-2 of the City of Dubuque Code of Ordinances will read as follows: 1 Section 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2015 edition, adopted in Section 14-1J-1 of this article to read as follows: Section 101.1. Insert: City of Dubuque Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the Housing and Community Development Department and Building Services Department will be established by resolution of the City Council. Section 104.2. Inspections. Amended to read: 104.2. Inspections. A. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. B. Required inspections: 1. When requested and approved by the property owner, manager, licensed real estate professional, or occupant; or 2. When the city manager has reason to believe there is a violation of the Property Maintenance Code; or 3. When, upon inspection, a violation of the Property Maintenance Code is found, and notice and order to correct is given, the premises is subject to re -inspection to determine if the required corrections have been made; or 4. When the premises is located in any area designated by the city for comprehensive block enforcement of the Property Maintenance Code; or 5. Presale and/or mortgage inspection: Whenever a person requests presale, pre -loan or other housing inspection; or 6. Licensed rental units: 2 a. All rental units are subject to regular inspection and follow up re -inspection as necessary. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city will by regular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 106.2. Notice of violation. Amended to read: 106.2. Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. This section does not impose a duty to initially charge all municipal infractions upon simple notice of violation. Section 111.1. Application for appeal. Amended to read as follows: 111.1. Application for appeal. A. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. B. There will be two boards for hearing appeals on matters covered by the Property Maintenance Code. 1. The Housing Board of Appeals will hear appeals related to matters under the purview of the Housing & Community Development Department, including but not limited to residential property and rental housing. The Housing Board of Appeals will use the Property Maintenance Code provisions for the handling of appeals. 3 2. The Building Code Advisory and Appeal Board will hear appeals related to matters under the purview of the Building Services Department including, but not limited to residential, multi -residential, commercial, and industrial property. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 for the handling of appeals. Section 111.2. Membership of board. Amended to read as follows: 111.2. Membership of board. A. The Housing Board of Appeal will be comprised of five (5) residents of the city appointed by the City Council for terms of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. Reasonable efforts should be made to obtain representation of both tenants and landlords. B. The Building Code Advisory and Appeal Board membership will be in accordance with 14-1A-6 of the City of Dubuque Code of Ordinances. Section 111.2.1. Alternate members. Deleted. Section 111.2.5. Compensation of members. Deleted. Section 111.3. Notice of meeting. Amended to read: 111.3. Notice of meeting. The board shall meet upon notice from the chairman, within sixty (60) days of the filing of an appeal, or at stated periodic meetings. Section 111.4. Open hearing. Amended to read: 111.4. Open hearing. A. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa open meetings law. B. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. Section 111.4.1. Procedure. Amended to read: 111.4.1. Procedure. A. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 4 B. A quorum shall consist of a minimum of two-thirds of the board membership. C. Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. D. The city manager shall file with the city clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. E. All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the housing board of appeals in its operations. F. Removal: Except as provided in subsection 4 of this section, the city council may remove any member for good cause Section 111.5. Postponed hearing. Amended to read: 111.5. Postponed hearing. Either the city or the appellant may request a postponement of a hearing subject to the approval of the code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 111.6. Board Decision. Amended to read: 111.6. Board Decision. The board may, by majority vote, affirm, modify or reverse the decision of the code official. A. Modification of deadline. The Housing Board of Appeals may not approve an extension of a deadline which exceeds nine (9) months from the date of the notice of violation. Conditions under which a deadline will be extended must be in writing and on file in the Housing & Community Development Department. B. Modification to allow variance: Conditions under which a variance will be granted must be in writing and on file in the Housing & Community Development Department. Section 111.8. Stays of Enforcement. Deleted. Section 112.4. Failure to comply. Amended to read: 112.4. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed 5 to perform to remove a violation or unsafe condition, shall be liable in accordance with Section 1-4-2 of the City of Dubuque Code of Ordinances. Section 202. Definitions. Amended to add definitions for Elevated Blood Level and Lead Based Pain and modify the definition of habitable space: ELEVATED BLOOD LEVEL: A confirmed concentration of lead in whole blood of 20 .g/dI (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15-19 .g/dI in two (2) consecutive tests three (3) to four (4) months apart. HABITABLE SPACE: Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. LEAD BASED PAINT: A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm2 (milligrams per centimeter squared) as identified by X-ray fluorescence analyzer; or five tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Sidewalks and driveways. Amended to read: 302.3. Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with Title 10, Chapter 1 of the City of Dubuque Code of Ordinances and the City of Dubuque's standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with Section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for complying with Section 6-8-2. City will provide a lease addendum documenting the agreement for use by landlords. If a landlord prefers to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code official. Section 302.8. Motor vehicles. Amended to read: 302.8. Motor vehicles. See Sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. 6 Section 304.2. Protective treatment. Amended to read: 304.2. Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The Fire Official may approve nonconforming address identification. Section 304.14. Insect screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.8.1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior surfaces. Amended to read: 305.3. Interior surfaces. A. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said. regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead based paint regulations, the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead -Based Paint Hazard Reduction Act of 1992, requiring the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of certain housing built before 1978. Section 308.2.1. Rubbish storage facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for compliance with this provision. City will provide a lease addendum documenting the agreement for use by landlords. If a landlord prefers to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code official. Section 404.4.2. Deleted. Section 404.4.3. Water closet accessibility. Amended to read as follows: 404.4.3. Water closet accessibility. Every bedroom in a dwelling unit shall have access to not Tess than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: September 15 to May 15 Section 602.4. Occupiable work spaces. Insert: September 15 to May 15 Section 602.5. Room temperature measurement. Amended to read: 602.5. Room temperature measurement. The required room temperatures shall be measured three (3) feet above the floor, at the inside wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Appendix A: Deleted. Section 4. 14-1J-3 of the City of Dubuque Code of Ordinances will read: 14-1J-3: RENTAL LICENSES 8 A. Rental License Required: No property owner, manager, or licensed real estate professional may let to another for rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Maintenance Code and hereinafter cumulatively referred to as "rental unit" in the city unless such person holds a current rental license issued by the city manager in the name of the property owner, manager, or licensed real estate professional for the specific rental unit. B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must including, but not limited to the following information: 1. Address of the rental unit(s), including correct unit identifications 2. Number and type of rental units in the structure 3. Owner's Name and contact information, including a. Mailing address b. Telephone number during normal business hours c. Telephone number in the event of an emergency d. Email address, if available 4. If the property owner has retained a property manager the property owner must provide the following information: Property manager's name b. Property manager's mailing address c. Property manager's telephone number during normal business hours d. Property manager's telephone number in the event of an emergency e. Property manager's email address, if applicable f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s). 9 5. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The agent must have the same authority and responsibility as the property owner for maintaining the rental unit(s). C. Duty to report changes. The property owner or registered manager or real estate professional is responsible to inform the City of any subsequent changes to any information on the rental license application which has changed at the time of such changes, any at any time changes occur after the initial registration. D. Rental License Fees: The City Council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and administration of the provisions of this code. E. Rental license term: 1. Rental licenses will be issued for a term of one year. A rental license issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental license term of less than one year. 2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this chapter, the city manager may reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. F. Annual license renewal. 1. Rental licenses must be renewed annually, upon notice issued by the city manager to the property owner or registered manager or licensed real estate professional holding the rental license(s). 2. Application for renewal of a rental license may be made within sixty (60) days prior to the expiration of an existing rental license. 3. Application for renewal of rental licenses will be sent at the beginning of each calendar year and must be remitted within sixty (60) days. G. Renewal fees due. Renewal fees will be invoiced at the beginning of each calendar year and must be remitted within sixty (60) days. Failure to pay required fees is a violation of this code and may result in monetary penalties, license suspension, 10 license revocation, issuance of a notice to vacate to tenants, and/or issuance of municipal infractions. H. Rental license not transferable. Rental licenses are not transferable from one property to another. Rental licenses are not transferrable from one owner to another in the event of property sale. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the city manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include the available information on the buyer. It is the responsibility of the property buyer to license the property in his/her name or company name. 1. Conditions of rental licenses: The city manager is hereby authorized to issue and renew a rental licenses in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met: 1. Property Maintenance Code Warranty. The rental unit is warranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code. 2. Fees. All fees required pursuant to the issuance of a rental license are paid in full to the city. 3. Successful Rental Property Management Class: a. The property owner or manager has completed the Successful Rental Property Management class (the Program) or a program of continuing education approved by the city manager. b. Until such time as the property owner or manager has completed the program or an equivalent program of continuing education approved by the city manager, only a temporary rental license may be issued. c. A property owner or manager who has completed the program since 2000 according to the city's records, or who can provide other proof of completion, will be exempted from this requirement. d. Licensed real estate professionals are exempted from the crime free multi -housing program attendance requirement. e. The city manager may waive the Program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: (1) The property is properly licensed by the city of Dubuque; 11 (2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and (3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. 4. Criminal Background Checks: a. The property owner, manager, or licensed real estate professional agrees to conduct background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the city's free background check service or by another background check service approved by the city manager. b. The city manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that: (1) The property is properly licensed by the city of Dubuque; (2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and (3) A waiver will not create a danger to nearby residents. J. Suspension and Revocation of rental license. 1. The city manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi -family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction or judgment of the licensee for violation of any provision of the Property Maintenance Code; b. Misrepresentation by the licensee of any material fact in the application for a rental license; c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized city personnel; d. Nonpayment of the fee for renewal of the rental license; 12 e. Failure to attend the Successful Rental Property Management class; or f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011. g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense. 2. Prior to any suspension or revocation under this subsection, the city manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal. 3. During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. The city manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the city manager. 5. Appeal. The licensee may appeal the decision of the city manager to the housing code appeals board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Upon suspension or revocation the city manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the city manager. Any tenant who fails to vacate the premises after such time shall be subject to penalties under Title 1, Chapter 4 of the city code. K. Relationship of rental license to other codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa law or the city code, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and the city code. Section 5. Section 14-1J-4 of the City of Dubuque Code of Ordinances will read: 14-1J-4: PRIORITY CATEGORY: A. Priority Category Designated: The city manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the 13 housing code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with housing code orders in excess of ninety (90) days without either an extension of time or variance from the housing code appeals board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; or 5. Receives a citation for a housing code violation. B. Notice Of Priority Category Status: Whenever the city manager designates a property owner, manager, or licensed real estate professional to be a priority category under subsection A of this section, the city manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the city manager to the housing code appeals board; b. An appeal must be made in writing and filed with the city manager within twenty (20) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 14 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for housing code violations. Section 6. Section 14-1J-5 of the City of Dubuque Code of Ordinances will read: 14-1J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice Of Appeal: A property owner, manager, or licensed real estate professional designated a priority category by the city manager under section 14-1J-4 of this chapter may appeal to the housing code appeals board for a reconsideration of such status. An appeal must be filed in writing within twenty (20) days of the notice of designation as a priority category. The notice of appeal must include the following: 1. Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing address. B. Appeal Filing Fee: At the time of filing the notice of appeal, the appellant must pay therewith a filing fee in an amount set by the city manager. If the board reverses the designation, the fee will be fully refunded. C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the board must fix a date, time, and place for hearing the appeal, within sixty (60) days from the date the appeal, unless agreed upon by the appellant and city. Written notice of the time and place of the hearing must be given at least ten (10) days prior to the date of the hearing to the appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appellant's address shown on the notice of appeal. D. Waiver: The failure to file a notice of appeal in accordance with this section constitutes a waiver of the appeal. E. Appeals Process: The Housing Board of Appeals shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 15 F. Appeals Board Action: Following the hearing, the housing code appeals board may, by a majority vote, affirm the designation or reverse the designation. Section 7. Section 14-1J-6 of the City of Dubuque Code of Ordinances will read as follows: 14-1J-6: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manager's designee may order the inspection of any or all properties owned or managed by a priority category. The fee for such inspection will be as set by the city manager. The properties may be put on an accelerated inspection schedule by the city manager or the city manager's designee. If a priority category fails to comply with an inspection schedule or pay any inspection fee, the rental license may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. Section 8. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Dubuque hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 9. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section 10. That the City Clerk is hereby ordered and directed to cause this legislation to be published. 16 Section 11. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on July 1, 2016. Passed, approved, and adopted the 4th day of P pril, 2016. „2„, Roy D. Buol, layor Attest: Kevin irnstahl, Ci y (14.-1( 17 Housing & Community Development Department IPMC Approved Interpretations 107.6. Transfer of Ownership. "Has been served" is key component of this provision. The City policy is not to hold up real estate transactions unless a formal citation and/or court order has been issued. Served means formal service of process or issuance of an order by the Iowa District Court for Dubuque County. 111.6. Board decision. Once a variance has been issued for a property the variance will remain in effect for the life of the property unless work requiring a building permit is done to the area with the variance. 202. Definitions. The inclusion of the word eating in the definition of habitable space is intended to cover separate dining rooms and not kitchens. 302.3. Sidewalks and driveways. See attachment A. 302.4. Weeds. Grass/Weed Height: 8" Maximum. All property owners are responsible for mowing and trimming their property. The maximum height allowed by City code for grasses, weeds, and other vegetation is 8 inches. While isolated weeds tend to grow faster than grass between mowings, the height of the majority of the grass and weeds in lawn areas should not exceed 8 inches (garden plants and ornamental grasses are excluded). 304.2. Protective treatments. All exterior painted surfaces shall be free from loose, flaking or peeling paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: 1 (1) Less than ten (10) square feet on an exterior wall or less than two (2) square feet on any other exterior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any exterior component with a small surface area. Repainting will be required only when the total area of defective paint is: (A) More than ten (10) square feet on an exterior wall or more than two (2) square feet on any other exterior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any exterior component with a small surface area. Paint Chips, Particles To Be Removed: Any paint chips, particles, or paint offal of any nature that are generated in the processes of paint removal, or in any other manner, shall be collected and removed from all areas of the premises. Prepared Surfaces: Paint will be applied only to properly prepared surfaces. 304.3. Address Identification. The purpose of the code is to ensure address identification is visible from the street for the provision of property emergency responses by the Police and Fire Departments. If an inspector from the Building Services Department or Housing and Community Development Department can view the address identification from the street the Fire Chief authorizes approval. 305.3. Interior surfaces. Interior Painted Surfaces: All interior painted surfaces shall be free from loose, flaking or peeling paint, or paint that is in any way noticeably separating from the constructed surface material, where these surfaces are determined to have lead based paint. Surfaces without lead based paint do not have to be scraped if the total area of defective paint is: (1) Less than two (2) square feet on an interior building component with a large surface area; or (2) Less than ten percent (10%) of the total surface area on any interior component with a small surface area. 2 A component is an element of a residential structure, identified by type and location, such as an interior wall, interior or exterior windowsill, baseboard, kitchen floor, stair treads or exterior wall. Repainting will be required only when the total area of defective paint is: (A) More than two (2) square feet on an interior building component with a large surface area; or (B) More than ten percent (10%) of the total surface area on any interior component with a small surface area, i.e., windowsills, baseboards or trim. Paint Chips, Particles to Be Removed: Any paint chips, particles, or paint offal of any nature that are generated in the processes of paint removal, or in any other manner, shall be collected and removed from all areas of the premises. Prepared Surfaces: Paint will be applied only to properly prepared surfaces. 309.2. Owner. A property owner will be responsible for pest infestation if there has been a history of infestation at the identified unit. 309.4. Multiple occupancy. The City interprets this provision to be the same as the current code. The City intends to enforce against the party responsible for the cause/origin of the infestation but if the cause/origin cannot be legally proven the property owner will be responsible for resolving the infestation. 404.3. Minimum ceiling heights. Other rooms, not considered habitable, may be considered for a reduced minimum ceiling height at the discretion of the Housing Official and will be granted so long as life safety is not impacted. 404.4. Bedroom and living room requirements. City will allow the continued use of existing spaces approved under earlier codes until such time as the noncompliant area of a unit is renovated to the extent a building permit is necessary. Upon construction to the noncompliant area of a unit requiring a building 3 permit the noncompliance must be brought to current code standards. See also: IBC 102.6, IBC 102.6.1, IBC 102.6.2, IRC R102.7, and IRC R102.7.1. 604.2. Service. Continued use of 30 amp service will be allowed so long as it is maintained to the satisfaction of the Housing or Building official and without presenting danger to occupants. 605.2. Receptacles. The bathroom receptacle requirement will only apply to a unit's primary bathroom. 702.4. Emergency Escape Openings. Inspectors may use the following as a guide when the code of original construction cannot be determined: • In units in which windows are the approved second means of egress, i.e., in which there is no second door or stairway providing egress, minimum standards for window egress shall apply. Minimum standards for egress windows are as follows: o Every sleeping room shall have at least one openable window having a minimum net clear opening of three and one-half (31/2) square feet. o The required egress window shall have a minimum net clear opening height dimension of twenty four inches (24") and minimum net clear opening width dimension of twenty inches (20"). o The required egress window shall have a finished sill height of no more than forty four inches (44") above the finished floor. o Any new or replacement egress windows shall, in addition to meeting the requirements at subsections K3e(1) through K3e(3) of this section, have a minimum net clear opening of five and seven -tenths (5.7) square feet. • In lieu of meeting the minimum egress window requirements of subsection K3e of this section, an acceptable life safety alternative must be: o An exit directly to the outside air from the unit. o If the alternative exit is an interior stairway, it must serve only that one unit. o If the interior stairway serves more than one unit, it must be enclosed with material having a fire resistive rating of one hour, with fire doors protecting all stairway openings. o Any exit corridor serving as access to exits must also have a one hour fire resistive rating. o There must be no more than thirty five feet (35') of travel distance to reach the exit, from the entrance door of any dwelling unit. 4 704.2 Single- and multiple -station smoke alarms. Existing smoke alarms will be allowed until the listed expiration date. 704.2.2 Interconnection, exception 2 and 704.2.3 Power source, exception 3. Interconnection and secondary power source will only be required as proscribed in the IBC or IRC when work to an area noncompliant with the current code requiring a building permit is initiated. Upon construction to the noncompliant area of a unit requiring a building permit the noncompliance must be brought to current code standards. See also: IBC 102.6, IBC 102.6.1, IBC 102.6.2, IRC R102.7, and IRC R102.7.1. Existing smoke alarms will be allowed until the listed expiration date. 704.2.3. Power source. Exceptions 1 & 3 allow for the use of battery powered smoke alarms. New and replacement smoke alarms must comply with the regulation in effect at the time of installation. Existing smoke alarms will be allowed until the listed expiration date. 14-1J-3 (B)(5): Application requirements. The agent must reside within fifty (50) miles of the corporate limits of the city. 5 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: April 08, 2016, and for which the charge is $370.02. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this // day of , 20 . Notary Public in and for Dubuque County, Iowa. MARY K. WE,$TlRMEYCR Commission Number 164885 My Cor , Fx.9.'E8. 1, 2017 OFFICIAL' • PUBLICATION ORDINANCE NO8-16 Afl,,' ORDINANCE RE .EALING , TITLE , 6, CHAPTER 6,.OF''THE. CITY : OF DUBUQUE .CODE".ORDI- NANCES .AND.:; ALL, OTHER ; ORDINANCES' OR PARTS OF LAWS IN CONFLICT THERE- WITH; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL PROPERTY MAINTE- NANCE CODE, REGU- LATINGANDGOVERN- ING THE OVERNING.THE CONDITIONS AND MAINTENANCE OF , ALL ;PROPERTY, BUILDINGS, AND STRUCTURES,, :BY PROVIDING THE • STANDARDS FOR SUP- PLIED UTILITIES AND i . FACILITIES AND OTHER'', PHYSICAL THINGS AND 'CONDI-',. TIONS ESSENTIAL TO' ENSURE THAT STRUC- TURES v ARE'?SAFE, SANITARY' AND' FIT FOR. OCCUPATION AND, USE;„ AND, THE CONDEMNATION ,.,OF B UILDINGS. AND STRUCTURES .UNFIT: FOR -,i UKIAN OCCU- PANCY„ AND.. THE.'DEMOLI TION >' OF SUCH EXISTING, •STRUC-. ,TUBE IN THECITY OF D UBUQUE;*:.THE -,FOR' THE ISSU- . ANCE OF .:.PERMITS •AND COLLECTION .OF FEES` THEREFOR; AND ADOPT NG , A _; NEW' ARTICLE' WITHIN `TI- TLE14 CHAPTER 1 ASARTCLEJ NOW THEREFORE, BE, IT'.ORbAINED BY • THE 'C TY ,COUNCIL, OF, THE . CITY . OF DUBUQUE, IA:, *' Section;_i.°That the current' Title '6,. Chapter 6'of.the City of Dubuque Bode of Ordinances and all other ordinances "or; parts of laws in conflict herewith are • hereby repealed:, Section Se ction 2 14-1J-1:•of the City `of Dubuque Code of. Ordinances will read as,followss "INTERNA- TIONAL PROPERTY MAINTENANCE ' ,CODE ADOPTED: That a :certain document • copies ; of which are or file in the office of the Building Services Department and Housing ,;•,-'and Community De%Idp- mentDepartment," be- ing "marked and designated :as the' property ,International,, p Y Maintenance ; Code , 2015, `edition; •as pub- lished -.by, the.,Interna- tional Code Interna-tionalCode Council, be and is hereby adopted as the Property Main- tenance Code 'of the necessary to report upon. unusual technical issues • 'that arise, subject to the approval of the appointing authority., B. Required inspec- tions: 1. When requested and approved by_the property 'owner, trian- ;ager Ircejised ' real estate professional,, ;occupant; or , 2 -When, the city manager has reason to believeth re is ` •a violation of the Property Maintenance Code. or 3, When, upon inspection,' a• violation- ,of iolation•of the Property Main- tenance Code is found, ' and notice and order to correct is, given, the. premises is subject, to re -:inspection to deter mine if the required corrections :have been made;•or ; . y 4: Wlien'the premises:• is 'located -in any area designated by the city for comprehensive block • enforcement ,of ,the Property Mainte- nance Code; or 5.. Presale , and/or, mortgage inspection 'Whenever a person requests presale,, pre - loan, or• other housing ,inspection; or 6. , Licensed rental units: a. All rental units -are subject to regular inspection'. and follow up re=inspectiop' ' as necessary. b. Not less than seven (7)"calendar days prior to a scheduled inspection, the city:Will by regular' mail to the license holder and any known tenants notice ,{of the date and time; of a scheduled inspection. If the license holder or an authorized repre- sentative of the license holder is not present at ;the • time of •',„ the scheduled inspection and the• `.inspector is , Unable to ,obtain entry to' the rental unit, a second inspection will be scheduled. • 1 The license holder may cancel a 'sche- duled inspection once without payment of a rescheduling fee, 'pro- vided the city manager or the city manager's designee is notified': of the cancellationnot less • than two (2) • business days prior to the scheduled inspec- tion. ' Section.106.2, Notice of violation. Amended to read 106.2. Notice of violation. The .code official shall serve ' a notice of violation or order in accordance with Section 107+rThis section does not. im- p�se a' duty to initially, charge all muhicipal infractions upon simple notice of violation. Section 111.1. Appli- cation for appeal. Amended ,,to • read:: as follows: Section : 111.2.1. Alternate members. Deleted. , Section :.111.2.5, Compensation of mem- bers,.Deleted. Section 111.3. Notice of•:Meeting..:Amended to read 111 3.otice. .of Meeting. , The + board shall meet upon notice from the., chairman, within sikty (60) days of ;the. filing =of an appeal, ror at stated periodic meetings. Section 111.4. Open hearing. Amended to read: 111.4. Open hearing. A. Hearings before the board shall be open to the public and in compliance .with •the provisions of the Iowa open meetings law. Bi The appellant, the. appellarrj�t's" - represen- tative the: code official and• any person;whose interests are ., affected shall:' be given an opportunity to be , heard: , Section .11141.. Procedure. • Amended to read: 111:4.1. Procedure, A; The board shall adopt and make avail ,able to the public through the secretary procedures • under which a hearing':will be conducted. -The' proce- 'dures shall not require compliance with strict. rules of evidence, but •shall mandate that only relevant informa- tion be received. B. Auorum shall consist of a minimum of two-thirds of the board membership. C. Members of the board shall attend at least two-thirds (2/3) of all regularly •sche duled and held meet- ings within a twelve'; (12) °:month period. ;If any' -member --does not attend such prescribed number of meetings, it shall' . constitute grounds for the board to recommend to the city council `that the member be replaced. The attendance of all members shall be en- tered upon the minutes of all meetings. D, The city manager' shall file with: the city clerk a copy of the minutes of each meeting ofthe board Within ten (10) working days after each such meeting. E. All administrative, personnel, accounting, budgetary and procure- ment policies of , the cityshall govern the housing board ;of,ap Peals in its operations. . F. Removal: Except as provided in subsection 4, of this section, the city couricil may remove any member. for good cause. Section 111.5. Post- poned hearing. Amend- ed to read: 111.5. . Postponed hearing. Eitherthe city or the appellant may fluorescence analyzer; or five tenths percent. (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Side- walks and driveways. Amended :to read 302.3. Sidewalks: and driveways. Sidewalks, walkways, stairs, drive- ways, parking spaces and similar areas, shall be ' maintained in accordance with 'Title 10, Chapter 1 . of the City of Dubuque Code of Ordinances and the City of Dubuque's standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Pre- mises and exterior property shall be main- tained in accordance with Section 6-8-2 of the :City- of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code §562A.15 • a landlord may , enter into alease agreement, in ' certain • • circum- stances, with a tenant for maintenance in which case, a tenant will be responsible for complying with Section 6-8-2. City will provide a lease addendum documenting the agree- ' ment " for use by • landlords. If a landlord ;prefers . -,to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code. official. • Section 302.8. Motor vehicles. Amended to read: 302.8. Motor vehicles. See Sections „'16-7-1-3 and 16-14-5 of+the City of Dubuque Code of Ordinances. Section 304.2 Protective •;treatment. Amended to read: 304.2. .Protective treatment. Exterior surfaces, including but not limited to, doors, door ' and window frames, cornices, porches,•: trim, balcon- ies, decks and fences, shall be maintained in good condition. ;Exter- ior wood surfaces, other ;.:than decay- resistant woods, shall be protected from the (elements and decay by painting'` or other protective covering or treatment. Peeling, flaking and chipped paint shall be elimi- nated and surfaces repainted. Siding and masonry joints,' as well as those between the building envelope and the perimeter " of windows,doors and skylightsshall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior surfaces Legal Notices of certain hdusing built, before 1978. Section 308.2.1A Rub- bish storage', facilities.. Amended to add, Exception: Pursuant to Iowa Code" §562A.15 a'landlord may enter into a lease agreement, in certain': circum- stances,. with ircum-stances,•with a tenant for maintenance in which . case a tenant will be responsible for compliance with this provision. City will provide a lease adden- dum documenting the agreement for use., by landlords. If a landlord prefers to use a different form, upon request of the City a landlord must provide a copy of the written llease `agreement to the code official. Section 404.4.2: Deleted. Section 404.4.3. Water closet accessibility. Amended to read as follows: 404.4.3. Water closet accessibility: Every bed- room in a dwelling unit shall have access to not less than one water closet and lavatory located : in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: Septem- ber 15 to May 15 . Section 602.4. Occu- piable, work spaces. Insert: September 15 to May 15, : Section 602.5: 602.5. Room temperature measure- ment. Amended to read: 602.5. Room tem- perature measure- ment. - The required 'room temperatures shall be measured three (3) feet above the floor, at the inside wall. Section 605;2. Recep- tacles, Amended , to ;add } Exception: In lieu, of every habitable,space in a dwelling.: con- taining two separate and remote receptacle outlets, one receptacle and a separate "perm a nently installed light fixture is allowable. Appendix A: Deleted. Section 4. 14-1J-3 of the City of Dubuque Code of Ordinances will read: •, 14-1J-3: , RENTAL LICENSES. , A. Rental License' Required: No property owner, manager, or licensed, real estate professional may let to another for rent and/or occupancy any dwel7 ling, dwelling 'unit, housekeeping 1 unit, rooming house,'room- ;ing unit, or sleeping unit, as defined by the Property Maintenance Code and hereinafter cumulatively referred to as '.'rental unit", in the city unless such person, holds a current rental license issued by changes, any at any time changes occur after the initial ;regis- tration. D, Rental License Fees: The City'Council, by resolution, :;estab- lishes a fee schedule to defray the :,costs' of inspections, enforce_ ment, and adminis tration; of "` ' the provisions of this code. E. Renta`I license term. • 1. Rental•licenseswill be issued for a term of one year. A rental license' issued during the course of the year will be put on the standard . cycle, for rental license expir- ation -which may result in, -a 'prorated 'rental • license term of less., than one year. 2. If a property owner, manager, or licensed real estate profes- sional is designated a priority category under section 14-1J-4 of this chapter, . the city manager • may reduce the term of the rental license from an annual license to, a :quarterly icense until such time. as the priority category has gone twelve (12) consecutive months Without= a violation which would , qualify the individual for pri- ority category status. r. Annual license renewal. 1 Rental licenses must be renewed annually, upon;; notice issued by' . the city manager to the pro- perty owner or regis- tered egis tered manager or licensed real estate. professional holding the rental license(s). 2. Application for renewal . of a rental license may be made within sixty (60) days priorto the expiration of an, existing rental license.- • 8,. Application for ren2Wal .. ,of rental" licenses will be' sent at ,the beginning of each :• calendar ;year and' must : be ^: 'remitted within sixty (60)'days G.''Renewal :fees due. •Renewal fees.. will =be invoiced at _ .the bei ginning ofeach.•caG", endar year and must bd remitted .•' within sixty (60) days. Failure to pay required fees is a:violation of tl iscdde and • `may :result . in monetary penalties, li- cense suspension, li- cense revocation, issu ance of 'a notice to vacate to.' :-tenants, and/or 'issuance of municipal infractions H. 'Rental, license: hot :transferable. -Rental li- censes are not' transferable from one property , to another, Rental licenses are not transferrable from one owner to another in the event of property sale. It theresponsibility of the property owner, manager, -tor •-licensed real estate '. profes, previous twelve (12) months; and (3) A waiver will ,not provide the property owner • with an Unfair advantage in 'a com- petitive 'real . estate market. ." 4. Criminal Back- gro ndCliecks 4 ro a. The property, y, owner,' manager, ,.or licensed real.. estate professional agrees' to conduct background checks for all ; pro- spective tenants whosetenancy ..com- mences on or after July 1; 2011. A background check may be . per- formed using the city's freebackground check service or by another background check ser- vice approved bythe city manager • ' b. The city manager may waive the criminal background check requirement upon the submission of,a written request by a property owner, manager, or licensed real estate professional and after a finding that: • (1) The property is properly :licensed by the city of Dubuque; (2) The property has no, history of priority category '° designation or any founded code violations::; within.: the previous twelve , (12) months; and (3) A -waiver will 'not create a danger to nearby residents.; J. Suspension and Revocation of rental license. r' 1. The city manager may, for good cause, suspend or 'revoke a rental license for a rental unit, and in, the case, of a multi -family dwelling, suspend the. license as to one or more rental units for a period not • to exceed one year- for any of the 'following: a. Conviction- or judgment' of • the licensee for violation of any provision of -the Property; Maintenance Code; b. Misrepresgptation by the hcensee 'of any material . fact in the application fora rental license; .''• c. Refusal by the licensee • to permit inspection of.., the licensed rental unit(s) by • authorized;city personnel, `•• d.,Nonpayment of the fee for renewal of the rental license r a e. Failure, to attend the Successful Rental Property Management class; or: f. Failure to perform a required criminal back- ground ':check on an applicant for tenancy after July' 1, 2011. g. Failure' of a priority category to comply with an inspection schedule or pay ins- pection :fees. Tenants will be relocated from the :rental unit at the priority category's 1:' Has a rental license ' F. Appeals '. Board suspended; Action: Following the 2.- Has a rental license;; hearing, the housing revoked ;'.code appeals board 3: Is noncompliant <:;-may, ,by a, majority: with: ' housing ..code ' vote, affirm,.the desig orders in excess of , nation or; reverse the' ninety .(90) days with-; designation.• • out either'an extension Section'• '7: Section_ Of , Gime„ or variance 14-13-6'of. the,City of from the housing code:' Dubuque Code .of,. app',eals'board, or,goad> Ordinances will;read faith,•`progress as as foilo ilrs - . determined by the city 14 1J,6: INSPECTION' manager; • OF:PROPERTIES 'OWN-; 4., Fails'to perform.a ED. BY" PRIORITY, mandated'. .criminal' CATEGORY; background check oft•a;` The, city manager or - tenant; or the <city manager's 5. Receives a citation designee may order for a housing code the inspection of any violation. • or all properties owned B. 'Notice Of Priority 'or` 'managed by'"° a Category Status: When- 'priority- category; The ever the city manager fee for such inspection designates'a••property will be; as set ;by the owner,' manager, or city ;manager. The ,licensed real estate ,properties may; be put professional ao :1 a on an accelerated priority category under;: tpspection schedule b' subsection A of thiscity`manager or the section, the city man,', city: • managers, ;desig ager'. must give notice nee. If a prey of the designation to gory `fails to corRly, -the property ovJner., with .:an inspection manager, or licensed schedule or 'pay any' real estate profes inspection' ,fee, .the' sional responsible. rental•license may be Each notice;must:. suspended or ,r'evoked 1; Be in writing -and tenants Include a listing:of Gated -from the unit at basis - for desig the. priority category's nating the... property, expense, owner, manager, or Section 8. That .if licensed real'"estate,' any•'section„subsea professiona al. priority tion;? :.sentence; category . clauseor phrase of 3: Be served upon the: this legislationis,for eto y owner man''; • any reason,:: held tol. ager; or licensed'. real' be'; unconstitutiona, estatepropprofessional by such : decision 'shall deiivering'the same:atnot "affect the the`: property: 'owner; validity of ;the, manager; or licensed: remainingportions real estate;-',•profes-` of :this; ordinance.:, sionals residence, .of .The, City of Dubuque'.. 'or ,place of hereby declares that;' business in' person or,! it would have; "dpassed by matlmg;by certified this• I,aw,. an% each mail'or regular ,pail to” section, subsection, such' adtlresst;All such • clausez orf phrase mail must bearrrndicial thereof, irrespective .requesting ';;return to of. the fact that any-- sender or .forwarding, one or .more; sec - address not de- tions,;, subsections,.: Iiverabia asif.. -�dddressed sentences, clauses ;andand'phrases be de 4..Contain a state: Glared; unconstitu-' .meet that: tional _ , a: The . property • . Section, 9. That: owner; manager ,or nothing in this licensed• real estate' legislation or in the- professional may'ap-1Property Mainte .'peal from the notice` of Hance`; Code hereby: ,,the ,City manager toile; ;radopted shall • be ,housing code appeals construed to affect board any, suit or proceed b; An appeal must be ;mg tmpending:n any; made m'•.writing..and court,ror any;':rights filed , with the - city acquired, or liability manager within twenty -incurred,, or, any j (20,) days:from the date irCatisiti or causes of of service: of '.tireaction: acquired or' designation notice;•and existing, under',any e. A failureto appeal: 'act ;ar ordinance • will constitute a waiver hereby repealed. as •of: ;all 'rights to; art cited in Section 4 of; appeal this law; ,nor', shall 5 This section may any justor _ legal; not be interpreted: to right,"or remedy .of prevent the enforce- any,?.; character,,, be Ment and. imposition.ot dost, impaired ` or •finesand• p"enalties,for :affected : ' by' this:: • housing code viola= legislation.. tions,• , Section 10. That the Section 6 Section City Clerk is hereby'' •14-1J.5 of the City of , ordered and directed Dubuque :Code of,' tocause this .legis Ordinances will read: lation to be pub- • `-14-11-5! PROCEDURE Iished, FOR HEARING APPEAL Section 11. That this OF PRIORITY' CATS= law and the.. rules,? Community Develdp ment' Department, be- ing" . marked and designated as the International Property Maintenance r Code, 2015 edition, as pub- lished by. the Interna- tional Code Council, be and is hereby adopted as the Property Main- teriahce 'Cede 'ofthe City of Dubuque as }ti rt i t F14, In eJ h e ,. f 4 ahif �aforregulating i. , governing the condi tions and maintenance of all property, build- ings and, structures by providing` the -- stan- ;dards for, supplied 'utilities and facilities and other physical things and conditions essential;. to `ensure that `structures :' are safe, sanitary and, fit for occupation and use; and the condemnation of buildings and struc- tures unfit for human occupancy and use, and the demolition of such existing struc- tures as herein 'pro- vided; providing forthe issuance ,of permits;, and collection of fees. #heref- the and each ons, code are .adequately under which a deadline. leased or let :shall be all of- regulations, i atisfied ;by other will be extended must equipped with a;` lock provisions, penalties, means, be' in , writing and On-. designed, to be readily conditions and. terms ... B. There will be' two file in 'the Housing & openable from the side of said property.'boards for. hearing ap- CommunityDevelop- : from which egress is to Maintenance . Code on peals on, matters m cov- ent Department.: be made:' without: the , file in:fhe offices of the ered b the Pro ert` B. Modification to need;for keys, .special Building Services and y P Y• Housing and Commun- Maintenance Code. allow variance: Condi- knowledge uor effort. ity Development ; De- 1. The Housing Board tions under ..which a - Such locks shall be I of Appeals will hear variance will 'be installed according to partmeht t are hereby appeals related to granted must be in the manufacturer's referred =to; adopted,: matters. under . the, • writing; and on .file in ;.specifications and and made a• part purview of the Housing , the Housing & Com- maintained • in good hereof, as if fully. set & "Community Devel-• munity . Development working order. out in this legislation, opment Department, Department. • Section: 305,3. Interior with the.additions, including •, -.but :, not Section 111.8. Stays of surfaces; Amended to insertions, deletions limited to, residential. 'Enforcement. Deleted, read: and changes, if' any; ' Property.: and :rental • Section 112,4,;Failure ' :305.3.Interior surfaces. prescribed in Section 3 ouing. The Housing to comply Amended to . ,r A.. Interior surfaces, of this ordinance. Board of ,Appeals will read: ' including:Windows and/ Section 3. Section use the Property :112A; •Failure to , .doors,. shall be main' Dubuque14-1.1=2 of the Crty of Maintenance Code pro .comply :,Any' ..person' stained in; good, clean :-..Code • of visions for the handling who shall continue any :,and sanitary condition. as follows: wilLYead' of appeals. ' • Work after having been ;Peeling,, chipping, as follows. 2. TheBuilding Code served` with a stop ;loose; ' flaking. 'r or Sectiori ; Advisory ' and Appeal work order, [except abraded paint shall be INTERNATIONAL PRO -Board will hear appeals such .work as, that : repaired, .- removed or PERTY ;MAINTENANCE related • to matters person is directed to 'covered. Cracked'.. -.or' CODE ollOWing under the 'purview of perform to,'remove. a loose plaster, decayed • Ts, deletions,owmg addi= • the Building Services violation or ' unsafe wood and other defec- tions, modifi;r Department including, .condition, shall . be ` tive surface conditions cations, or amend but not' limited 'to liable in accordance `shall be corrected.", ments .of the interna-:- residential,multi-resi- with Section 1-4-2 of B. All residential tional 'Property :: Main,:dential, commercial, the : City -of Dubuque properties 'receiving. tenence` Cade,. 2015• and industrial proper- Code of Ordinances., federal ' assistance edition,'' adopted .in '. The: BuildingCode:Section..202..Defini- must be in Section';14-1J-1 A of this . article ao, read as "Advisory and Appeal tions. Amended to add with the' Lead `Safe follows: , Board , will use . the definitions for Elevated Housing Rule at 24 CFR Section, 101.1. Insert: Provisions . of• 14-1A-6 Blood Level and Lead 35 and the Lead Based City of Dubuque for the handling of-. Based, Pain and modify, Paint PoisoningPreven- appeals. the • definition of- tion Act at 42 USC 4822. Section 103.5. 'Fees: Amended to read:_ Section." 111.2. habitable space: The owner of federally 103.5. Fees: The fees , Membership' of board. ELEVATED BLOOD. assisted units must for activities and .ser- - Amended to read . as LEVEL: ,A -• confirmed provide certification vices performed by the : follows: concentration of 'lead : that the dwelling is in n_ 111.2. Membership of in whole blood, of 20 accordance With said Housing and Commu board. g/dl (micrograms of regulations. If • the ity• Development; De A, The Housing Board lead per deciliter • 'of • federally assisted unit partment and of Appeal will be whole blood) or was constructed prior Servicess ; Department, comprised'of five (5) greater for a single to 1978, upon occu- Will be, established by . residents of , the city test; -or. of 15-19'.g/dl in panty a notice must be Council of the City appointed by the City two (2) consecutive provided which 'outl- Council= Council.•. for.ternrs of tests three (3) to four ines the lead'based Section 104.2: o Inspec- three (3) years or until (4) months, apart. paint regulations, the tions. Amended to read: such member's succes- HABITABLE SPACE: hazards of lead based 104.2. Inspections. sor is appointed rand Space in a structure for paint poisoning, the A. The code official qualified., - Vacancies living,`sleeping, or eat- symptoms and treat - shall make all of the must be, filled in the ing. Bathrooms, toilet ment of lead poisoning, required inspections • , same same manner. :as rooms, closets, halls, and the precautions to or shall :accept reports original appointments. storage or, utility be taken .against .lead by ap Reasonable:: efforts spaces, and 'similar poisoning. proved agencies` 'o"r, should. be made to areas- are •not 'consid- C. All residential such tpections is of f ,obtain <re resentation ered habitable, spaces. property. must comply such inspections shall • of: both tenants, and :LEAD BASEDPAINT: A with: the Residential be ified ing and. be landlords. s': paint surface, whether Lead -Based Paint .Haz- certified bfic ; a ) B. The Building Code or not defective, iden- ard Reduction Act 'of responppro officer of • Advisory, and.. Appeal tlfied_as having a lead 1992, requiring the 'such approved agency, Board membership will content greater than or 'disclosure ..6f (mown or .by the responsible be in accordance with equal' to, one Ing/cm2 information. on lead - individual. ,.The code '14-1A-6 of the• City of,(milligrams 'per. •cent:- based paint and lead - official is authorized to Dubuque Code of meter squared) , as based paint hazards engage such • ekpert opinion':as:<deetned Ordinances;: identified . by; •Xray • .before the sale or lease notice of violation or F. Removal: Except as ,windows, doors and order in accordance provided in subsection skylights, shall be with Section 147,1,This ,4 of this section, the maintained : weather section does; not im city council may resistant and water pose a duty to initially; remove any member, • tight. Metal surfaces charge' all . municipal;' for good cause. subject to rustor infractions upon simple Section, 111.5. Post- corrosion shall : be notice of violation: ' poned`hearing. `Amend- coated to inhibit such Section 111.1. Appli- ed to read: rust and corrosion. cation for appeal. 111.5. Postponed Oxidation J stains and Amended ..to -read as hearing. Either the city • rust shall bo removed follows: or the appellant may from exterior surfaces 11.1. I'c tion or re nest a .. ost orie when oxidation 1 App l a f q P p h I appeaht 101 i f ment-'of gao'Jhearing v.t7 Aro Anylepersan subject tothe^approVal directly- affected by -a of the:codetbfficial.+,In decision of the code no event may a official or a notice or postponement exceed order issued under this ninety (90) days code shall-: have the, beyondthe date of the right to appeal to•the' appeal., applicable board of, Section 111.6. Board appeals, provided a Decision. Amended to written application for read: ed to add: • 111:6:Board Decision: Exception: tion: The Fire appeal is filed. within P 20.:days after the day The board may; by Official may approve the decision, notice:or majority vete, 'affirm, nonconforming ad - order was served. An modify or reverse the dress identification. application for appeal decision of the code , Section 304.14. Insect shall be based on ' a official.:. ;screens. Insert: May 1 claim -• that' the true: -A. Modification , of ., `:to November 1. this code .'or' deadline: The' Noising ' Section 304.18.1. intent of d a g the rules legally Board =of. Appeals may •". Doors. Amended to adopted thereunder not approve.an:exten- react,'• have been incorrectly. sion of a , deadline 304.18.1. Doors. Doors interpreted; the "pro- which exceeds nine (9) 'providing ,access to a visions of this code ,do, , months from the date ; dwelling Unit, rooming not fully apply, or the " of thenotice of unit or housekeeping requirements of ,this violation Conditions •.'unit that is rented, or rusti odmpromises the function) oforthe building component to perform as designed. Surfaces designed for stabilization by oxida- tion are '.exempt from this requirement. •• Section 304.3. Address Identification. Amend - lin ,' dwelling unit;: ;transferable. Rental 11- required criminal back- g, housekeeping unit, tenses are not ground .check on an rooming house, `room- transferable from, one applicant for tenancy in unit, or, `sleeping , property ,• to `another. after,July 1, 2011. • unit, as defined by the Rental licenses are not g. Failure' of a priority -Property Maintenance transferrable from+one category to comply Code and hereinafter t owner to another in the .•-with an ;inspection cumulatively referred ' event of property sale. schedule or pay ins= to as_'.'rental unit'; in It is: the. responsibility pection fees., Tenants the city unlesssuch of the property owner, . will be relocated from • person. holds a,current • manager,.or., licensed the,rental , unit at ,the rental license issued by' real ` estate-' profes; priority category's the city manager in the sional holding a rental . expense ; _,. flame cofl. the:: property kcensel toeprovide the • • 2 Prior tohoany ,ovtmerp'manager, • 'dr : blty"manager` Written .susperlsiortA,orA revo- licensed rrireal;?o,estate notice;Within. five (5) eatidn))4i'urider li,thi's professio`nal-':for, :the working days, of trans. subsection,:;;the city specific rentai unit: ferring,, or otherwise manager must give • B. Application Require- disposing,of-ownership": notice in writing to the ments: Completion of a or control of the property ,owner, man - rental license applica-.;property. The notice ager, or:'licensed real tion must be' made by °: must; 'a;,include the estate professional and thel4rproperty • owner, , available: information • :=provide for an manager or+ licensed rt orr the;'buyer It is the. , opportunity to appeal real estate•_:'profes 'r_ responsibility Aof' the 3.• During the period.' of sional- : and' must ;;,property buyer ? to; 'revocation or suspen'- including ..but ,.•not s license the:property•i0 sign; a' unit: for which limited to thefollowing `' his/her 1; game r`',or ,the rental license_ was information ' i :', company name .; ' suspended or revoked. • 1.' Address pf the I: Conditions ofrental may notbe.relicensed rental unit(s), including licenses:. -•The city r4.` The city. manager correct unit" 'identifi- manager is hereby 'shall,- cause icto:r be cations authorized/to issue and . issuedto the -licensee a 2. Number and type of ' renew,a rental licenses notice that the license rental units in the in the name. of the is suspended. or of the appellant; 'structure applicant 'property revoked, : setting • forth 2, A brief statement in :3.' Owner's Name and ; owner, ! manager; or the. reasons) therefor. ordinary and, concise, contact • information, licensed real estate The .notice' shall be • language 'of ; any • including professional, provided sent by'certified United "material facts claimed a. Mailing address the "following criteria :States -mail to the to support theconten= b. Telephone number are met: 'licensee at the address tions of the appellant, `during normal business , 1. Property. Mainte- on file with the city 3. A brief Statement.int hours nance CodeWa'rrarity. manager.' ordinary and`,'concrse c. -Telephone: number The"'• rental..: unit is 5, Appeal, .,The -language of•the relief. in the event of an warranted by •I the licensee • may ;appeal sought, and the rea- emergency • ',. property: owner, ,man- ,the decision of the:city sons why it is,claimed .d = Ema)f, address, .if . ag r, or• Ijcensed real 'manager ,to ,;11i1,. thhethe ;;order appealed -, available estate'professional " to housing code' appeals froh'i `should='ibe re° 4. If the property substantially comply board. An appeal must versed and owner `has retained a ' with the Property be filed, ' in writing, 4. The'signature of the property manager the Maintenance Code. " ° • within twenty . ,(20) appellant and , the property owner must.. • 2. Fees. All fees .days'from the date of ' appellants, mailing provide the following ` required pursuant ,to , the notice 'of suspen- address information: ' the issuance of a rental. sion-or revocation. B: Appeal Filing Fee: • a. PropertyMahager's license are paid. in full ' 6. Upon suspension or At the time of filing.the,= name to the city. revocation the . city notice of "appeal, the b. Property manager's , 3. Successful. Rental manager must,'give appellant must pay mailing address. Property Management written notice f -the therewith a filing fee in, C. Property manager's telephone number during normal business hours d. Property manager's' telephone number in. the event of an emergency e. Property manager's email address, if applicable ; ;' f.'A statement that the property: manager:,. or real estate profes- ,pleted the program or, , K. Relationship'. of sional has the Same, an equivalent program rental, license to other authority and respon-. of continuing educa- codes: The issuance of sibility as the, property ':;•,tion:_approved :by the , a, rental license for , -...a a ;m owner for aintaining city manager, only a. rental unit,does' notain the rental unit(s). temporary, . rental 1) 'any Way;; signify:,or 5 The property " cense may be`',issued imply .tlie rental . unit owner '`manager, ' or' c: A property•owner or : GM -dor -Ms, ,with Iowa licensed real"',estate: ;Manager': ;,who has • •law or rthe city code professional must ;de- completed the pro nor does: the issuance signate a responsible:, ,gasince 2000 ',Of a•license: relieve the agent to: represent the r abm, cording'to the citys property: owner maha- property owner, man- records, or who, can ger or" licensed 'real ager, 'or licensed •licensect real provide other p"roof of estate professional estate professional completion, will be-', ...the responsibility for whenever the property "exempted from, this complianeei with ap- owner, manager, or • requirement. phcable Iowa law and licensed real estate d. Licensed real •the city code professional is riot estate professionals , : Section ;5 Section available for mainte- • are exempted`•from the.14 1J 4 of'the Cityof nance of: the dwelling crime free multi Dubuque,, Code .of for which a license is housing program atten ' ' Ordinances will•read: sought. The agentdance requirement. 14-11-4: PRIORITY Must have the same ` e. The city.,manager CATEGORY: - prevent the ;enforce ;any „character , be mentand imposition of`lost, ,impaired fines and penalties for affected`>_'by -this. housing: code viola= :legislation. tions.,Section 10. That the Section 6. ;_Section .,City Clerk is hereby` 14 11 5 of the;"City of ordered and directed Dubuque ' ' Code of/ to cause this legis-; Ordina.`nces,will read: 'Iation to be pub 14=1'J=5!, PROCEDURE ' lished. FOR ;HEARING ;APPEAL, , Section.11. That this OF, ,PRIORITY-,OATE- "law and the; rules, GORY STATUS:' a . y. 'regulations,, • provi-. '1A Otice,OfA I+.A a�onsp i're`riireuietiits/. ,.,3 pp 47 a 'gp�fty-'bWher ua .1 _,t�itlers'"; rifl'aFi i3t7rri` r .l, r - licensed_. r I established o9• rAnd " estate:, ' professional 'adopted hereby shall ,designated a priority take effect and be in category by :the city :full forcei'and,'effect `manager under`Section , .:on JuIy 1 ;1,4-1J-4 of,this- chapter` ,Passed,: approved;, may > appeal 'to `.the and; adopted. the `4th housing code appeals ;'pril, 2016: bd; ` day of A'recon /s/RoyD. Buoi, tvlaygr sidoaerationfor,,. of; such `:Attest:/s�KeyinS .,. �.., status: An appeal must Firnstahl:City Clerk';• be •filed in :writing.. Published offlcjal,ly;in Of twenty; (20) , .the` Telegraph .Herald days'of the notice of '.newspaper on`tiie:Sth 'designation as a day of April, 2016. priority category The F, /s/Kevin S Firnsfajil, :notice of appeal must ' ' City Clerk include thefolio. Wigqg:. 4/8 1. Name ands'addressl 1t=� Class:suspension ror, revo- an amount set; by the. a. The property owner : cation of the' license to city manager: If the or manager has'com- each tenant requiring board "reverses "the' pleted the Successful the tenant to vacate designation, the, feet Rental Property • Man- the premises within a, will be fully refunded agement class; (the timeframe determined C..Notice, ofHearing: Program) or a program by -the' city. ' manager. Upon ' receipt " of , a of continuing ; educa-,. ,Any tenantwho•fails to notice of appeal filed tion approved by the vacate 'the premises pursuant to this sec city manager. after such'time shall be , tion, the chairp'ersomof•i b. Until such time. as subject!., to penalties the. board must fix -a the property owner or under Title 1, Chapter 4 date, "time, and place manager has ' tom' ' of the city code. for hearing the: appeal, 1 'within -sixty (60) days' from the date the :. ,appeaL unless "agreed ' upon;by the:appellant. and'city Written notice' of.the time and'place- 1 of the.hearing. must be given_ at leastten, (10) • •days,'prior to;the date?. of the hearing' to' the aPPellantstr either •.by causing'd copy` of such notice to be,personally delivered to:' the appellant or by. mailing a' copy thereof • to .the appellant's , address 'shown on the 'notice of 'appeal. • D, Waiver: The failure; to `-file a _notice:" of appeal m."accordance with this'• section constitutes a waiver of authority and respon- may waive the Pro- '4A Priority Category 'the appeal.•• sibility as the property' gram, requirement up- Designated: The ,city •E.,Appeals. . Process owner for maintaining, . on the.. submission of a manager may s desg- :The -Housing,', Board of the rental unit(s) written; request` by ' -t-, nate a property owner, Appeals shall., ; adopt C: Duty:;to report'"• .property oWn'eri,-man= -manager,'::'or,llce'nsed and make, available„to, pub changes. The property ager, or licensed real real estate profession- the 1:01101:0',00h .the owner or'' registered estate professional and' `al a'' priority •category secretary procedures manager or real estate after finding that for purposes of the,under which.a _hearing professional is respon- (1) The property is housing code if threewill be conducted .The sible to inform the City properly licensed by (3) times. • within a procedures shall not.. of any' 'subsequent the city of Dubuque; period of twelve' (12) require compliance changes to any in- (2) The property has consecutive months with strict rules••"of. formation on'the rental no history of'-priority;the' , property owner, evidence, , but _shall license application category designation, manager, or licensed mandate• that "'only' which has changed at or any founded code real • • estate profes- relevant Information the time of such Violations within the ,sional: be received,