Code of Ordinances Amendment - Title 6 International Property Maintenance Code Amendments Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Code of Ordinances Amendment- Title 6 International
Property Maintenance Code Amendments
SUMMARY: City Manager recommending approval of an ordinance
which amends Ordinance 8-16 by adjusting the notice of
violation provision, adding definitions for"Building Official'
and "Code Official', and modifying the Housing Board of
Appeal provisions to be consistent with the provisions for
other boards and commissions of the City.
ORDINANCE Amending Ordinance 8-16 which repealed
Title 6, Chapter 6 of the City of Dubuque Code of
Ordinances and all other Ordinances or parts of laws in
conflict therewith; adopted the 2015 Edition of the
International Property Maintenance Code, regulating and
governing the conditions and maintenance of all property,
buildings, and structures; provided 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 condemning
buildings and structures unfit for human occupancy and
use, and the demolition of such existing structure in the City
of Dubuque; provided for the issuance of permits and
collection of fees therefor; and adopted a new Article within
Title 14, Chapter 1 as Article J; by adjusting the Notice of
Violation provision, adding definitions for Building Official
and Code Official, and modifying the Housing Board of
Appeal Provisions to be consistent with the provisions for
other Boards and Commissions of the City
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
International Property Maintenance Code-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: International Property Maintenance Code
DATE: June 16, 2016
The City of Dubuque recently adopted the International Property Maintenance Code.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which amends Ordinance 8-16 by adjusting the notice of violation provision,
adding definitions for "Building Official" and "Code Official", and modifying the Housing
Board of Appeal provisions to be consistent with the provisions for other boards and
commissions of the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�I`'`„'"_—_` &�
To: Michael C. Van Milligen ICU__
City Manager
DATE: June 16, 2016
RE: International Property Maintenance Code
The City of Dubuque recently adopted the International Property Maintenance Code
(IPMC) by Ordinance 8-16.
Attached is an ordinance which amends Ordinance 8-16 by adjusting the notice of
violation provision, adding definitions for 'Building Official' and "Code Official', and
modifying the Housing Board of Appeal provisions to be consistent with the provisions
for other boards and commission of the City.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
ORDINANCE NO. 30-16
AMENDING ORDINANCE 8-16 WHICH REPEALED TITLE 6, CHAPTER 6 OF THE
CITY OF DUBUQUE CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR
PARTS OF LAWS IN CONFLICT THEREWITH; ADOPTED THE 2015 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY,
BUILDINGS, AND STRUCTURES; PROVIDED 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 CONDEMNING BUILDINGS AND
STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE
DEMOLITION OF SUCH EXISTING STRUCTURE IN THE CITY OF DUBUQUE;
PROVIDED FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; AND ADOPTED A NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS
ARTICLE J; BY ADJUSTING THE NOTICE OF VIOLATION PROVISION, ADDING
DEFINITIONS FOR BUILDING OFFICIAL AND CODE OFFICIAL, AND MODIFYING
THE HOUSING BOARD OF APPEAL PROVISIONS TO BE CONSISTENT WITH THE
PROVISIONS FOR OTHER BOARDS AND COMMISSIONS OF THE CITY
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 8-16 is amended to read as follows:
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. The City of Dubuque Code of Ordinances is amended by adding
the following new Title 14, Chapter 1, Article J:
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.
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 code official 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
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5. Presale and/or mortgage inspection: Whenever a person requests
presale, pre -loan or other housing inspection; or
6. Licensed rental units:
a. AH 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. 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. The code official may serve a notice of violation or order in
accordance with Section 107.
Section 107.1. Notice to Person Responsible. Amended to read:
107.1 Notice to person responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to believe that a violation
has occurred, notice may be given in the manner prescribed in Sections 107.2
and 107.3 to the person responsible for the violation as specified in this code.
Notices for condemnation procedures shall also comply with Section 108.3.
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 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.
2. 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 provisions of 14-1J-7 for the
handling of appeals.
Sections 111.2 through 111.8 replaced with City of Dubuque Code of Ordinances
Section 14-1J-7.
Section 202. Definitions. Amended to add definitions for Building Official, Elevated
Blood Level and Lead Based Pain and modify the definition of Code Official and
habitable space:
BUILDING OFFICIAL. See "CODE OFFICIAL".
CODE OFFICIAL. The officer, officers, or other designated authorities charged
with the administration and enforcement of this code, or a duly authorized
representative. Any reference to "BUILDING OFFICIAL" in this code refers to
"CODE OFFICIAL".
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:
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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.
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:
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304.18.1. 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. AH 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 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: 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.
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 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
include, but is 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
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d. Email address, if available
4. If the property owner has retained a property manager the property owner
must provide the following information:
a. 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).
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
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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,
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.
I. 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:
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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 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;
(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
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(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, judgment, plea of guilty, or finding of guilt 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;
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.
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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.
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
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
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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.
5. This section may not be interpreted to prevent the enforcement and
imposition of fines and penalties for housing code violations.
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 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 was filed, 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
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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.
F. Appeals Board Action: Following the hearing, the housing code appeals board
may, by a majority vote, affirm the designation or reverse the designation.
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.
14-1J-7: HOUSING BOARD OF APPEALS:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Housing Board of Appeals. The
Housing Board of Appeals shall be appointed by the City Council and shall hold office at
its pleasure.
B. Membership: The Housing Board of Appeals 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.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The code official is the secretary of
14
the board. The board must fill a vacancy among its officers for the remainder of the
officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person 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 Housing Board of
Appeals, provided a written application for appeal is filed within twenty (20) days
after the day the decision, notice, or order was served.
2. 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.
H. Limitations on Authority (Board Powers)
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all property maintenance matters
under the purview of the Housing & Community Development Department.
b. To serve as an appeal body for the decisions of the code official.
c. To provide for reasonable interpretations of the Property
Maintenance Code on matters under the purview of the Housing &
Community Development Department.
The Housing Board of Appeals does not have the authority to waive the requirements of
this code.
Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
15
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. 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.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. 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.
4. 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.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: Except as provided in 14 -1J -7(K)(3), the city council may
remove any member for good cause.
L. 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.
M. Board Decision on Appeals: The board may, by majority vote:
1. Affirm the decision of the code official;
2. Reverse the decision of the code official; or
3. Modify 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.
16
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.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in city records.
0. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official ehief-aelffriftiattertive
effiiser.
Section 3. That if any section, subsection, sentence, clause or phrase of
this ordinance 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 4. That nothing in this ordinance or in the Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding pending
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 this ordinance; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this legislation.
Section 5. That the City Clerk is hereby ordered and directed to cause this
ordinance to be published.
Section 6. That this ordinance 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.
Attest:
Passed, approved, and adopted the 20th day o
ry
Kevin S. Firn'tahl, City CI-rk
un 206.
Roy D. Buol,,/layor
17
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: June 24, 2016, and for which the charge is $397.54.
Subscribed to before m
thisc:,,99 day of
otary Public in and for Dubuque County, Iowa,
,20/ .
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEVER
Camrnirselun Number 164885
My corm, F,xp. FEB, 1, 2017
thonllne com TelegraphxHerald Friday June 24, 2016 ,9C
NANCE CODE,., REGU ager licensed real es reference to 'BUILDING at 24 ;CFR 35 and the ,property owner pian-
LATING ,AND.' GOV, tate professional; or O,F..FICIAL? in this code •Lead 'Based Paint Por ager `or licensed ...real
ERNING THE CONDI- : occupant;,or refers to CODE OFFll coning Prevention Act state ''•professional
TIONSAND,MAINTE- 2 W,henithOcode'offr CIAL at ,42,! USC 4822 The ,'whenever the,property
NANCE OF ALL PROP- tial has "reason toi be ELEVATED , BLOOD owner of federally ,as. ;ownermanager,; or 11-
ERTY, BUILDINGS, Neve there .s a. viola LEVEL A :confirmed srstedr units .must pro- ,'tensed real estate:pro-
ANDi; STRUCTURES; tion of.the Property concentration of lead ` vide certification: that fessional;is;not avails
PROVIDED THE STAN- r, Maintenance Code; or , in :whole : blood of.,2U the:,dwelling is vin ;ac- `ble.for, maintenance of
DARDS FOR• ,SUP-' 3 When; upon inspec g/dli (micrograms of cordance0 with.; said the dwelling for which
PLIED UTILITIES AND tion, ,a violation: ofi;th.,e lead per ;deciliter ;.of regulations. If the fed- :;a license is sought. The
FACILITIES AND OTH- •Property.;-Maintenance whole blood), or•great- • erally':assisted(unit was agent must, have the
ER PHYSICAL THINGS • Code is found; and;no- er.for a,single test;;o.r .constructed prior to same authority,,andre-
AND CONDITIONS ES- tice,and order. to' cor- of 15-19 g/dl in two?(2) 1978," upon occupancy ;sponsibility as the.
SENTIAL TO•"ENSURE 'rect is,given, the prem " consecutive: tests three a. notice must be pro- ' ,property owner :for
THAT STRUCTURES ices .is subject •tor re= (3),,to four (4) months vided ;which : outlines maintaining the rental
ARE SAFE, SANITARY inspection to.... deter- apartthe • lead based: paint unit(s).
AND FIT FOR. OCCU- mine , if -the required i HABITABLE SPACE regulations the haz- C. Duty, to report
PATION'.• AND: .USE; corrections have •-been Space in a structure fora. ards: of lead, abased changes. The property
AND;.; CONDEMNING made; or. living; sleeping, or eat-} paint.,, poisoning, • the owner.•or • registered
BBUILDINGS:, z -AND 4., When;, the premises, ing:: Bathrooms„toilet symptoms an
.d •.treat- - Manager or real estate
STRUCTURES, .UNFIT ..is located, in any area rooms, ,.closets halls;:: mentof,lead poisoning, professional is respon •
FOR jHUMAN; OCCU- designated by-the''.city storage or utility and the precautions. to ible.;to inform the City
PANCY .:AND USE, :for comprehensive spaces and ,similar betaken against lead of. .any, subsequent
AND : THE DEMOLI- block ,.enforcement, of . areas are a not consid poisoning, changes to any,. infor-
TION OF SUCH EXIST- the, Property Marnte- erect habitable spaces:,• C. All: residential prop- mation onthe rentai.l1-
•
ING STRUCTURE 1N nance Code or ; LEAD BASED; PAINT. A> ty; ermust.comply with cense , application
THE. -CITY OF..DUBU- 5 Presale and/or paint surface, whethers the ,Residential,;Lead- which' has. changed Hat
QUE;PROVIDED "FOR mortgage. inspection or.notdefective identr•;: Based Paint Hazard Re- the time: of such
THE ,.ISSUANCE; OF Wheneverta person; re fied5 ashaving a lead duction; Act of 1992, re- changes, .any at any
PERMITS AND4 COL- quests ,.presale ,pre contentgreaterthan or. quiringthe•;disclosure time, changes occur,af-
LECTION OF ;, FEES loan •or other usi
hong equal to' one? mg 2-
/cm' of, known; information ter. the- initial • reg istra-
THEREFOR; AND inspection; or (milligrams-• per centi-' on : lead based ,paint tion.
ADOPTED.A NEW AR- 6 Licensed rental meter squared) .as and ;lead based; +paint' D. Rental License
TICLE =WITHIN :TITLE units identified by-X-ray flu hazards beforethe.sale •Fees: The City Council;
14, •CHAPTER, 1; AS s;a All rental units are orescence analyzer or „cit.,: lease of .certain by resolution, -estab
ARTICLE'•,..'11;:'"....BY. AD- subject to; regular sin-. five tenths :j percent housing, built before lishes a feeschedule to
JUSTING THE NOTICE spectrin acid follow-up (0 5%) by zweight •or 1978 defray the;costs of;in-
OF,'VIOLATION:.. PRO- re inspection as neces five; thousand (5 000) Section 308 21. Rub- spections, - enforce-
VISION, ADDING'DEF- naryparts r per million ': bish,:storage facilities. ment, and' adrninistra-
• INIT,IONS FOR BUILD= b Not,less than seven(ppm) ,Amendtoed add. tion of • the` provisions
•
ING . OFFICIAL AND (7) calendar days prior Section 302.3 Side '; , Exception Pursuant of this code:
CODE' OFFICIAL,' AND to a scheduled inspec- walks and driveways • to lows°;Code §562A 15, E. Rental license, term.
MODIFYING .. THE. tion, the, city will' by Amended to read ,. a landlord ma enter 1. Rental licenses will
HOUSING BOARD `OF regular mail to the •?11 302 3 Sidewalks •and into a=lease agreement, be issued .fora term of
APPEAU PROVISIONS cense holder and any driveways Sidewalks, in certain circumstan- one year .:A rentalli=
TO BEs;CONSISTENT known.Aenants notice walkways .stairs, ' ces 'with a tenant,for cense .'issued, during
WITH ;THE PROV1- of the datedand time. of driveways parking maintenance in;which . the course of the year
SIONS '.i' FOR OTHER a scheduled inspection . spaces and '; similar case a ;tenant •will be will be put on "the
BOARDS AND COM= Ifi.the license holder;or as areshall be. main; responsible fo
lr compy: standard • cycle,..' for
MISSIONS OFT
. HE an authorized repre tained in accordance ante with this provi- rental licenseexpira-
CITY ' sentative of the license with Title 10 Chapter 1 sion City e a will providtion which`:' may result
NOW THEREFORE, holder is not presentat of.the City of Dubuque ; Iease addendum ,docu in::a prorated rental ,ii-
BE IT 'ORDAINED BY the time of the sched Code: of ordinances ' mentmg-,the, agreement cense term of Iess than
THE CITY COUNCIL uled inspection andthe . and -.the Cityw,of Dubu- - forusekby landlords, If one year. `
OF THE CITY, OF. DU- inspector is unable to que'sstandards for de-- a landlord 4prefers to 2. If aproperty owner,
BUQUE,, IA:;:,.,.-,'.,:',,.',...:',..:.:,obtain entryto ;the festive sidewalks use a ,different form, :manager;,:; or.„, Icense
Section 1..,rdi= rental unit; a second Section 302.4 %reeds 'upon, request oflnthe real estate :professio-
nonce ;No 8-16 is inspection will be Amended to rea.d , City a 'landlord ;rnust' par,is '-designate:d.a pri-
amended to read ascheduled c; 3024 Weeds.Prem providea copy ofthe ority cate-goryunderfollows:. I (1) The liense holder ises,andexteriorprop :written .leaseagree- section.141J-4 of this
Section 1 That the may cancel: a sched erty shall be main ;merit to the codeoffi- chapter, the; city man-
current Title 6, Chap- uled inspection once tained in accordance •tial ager ,may reduce the ..
•
tat. 6 'of the,,City of without payment ofh a with.,•Section ,6 8 2r of Sectio404 4 2 Delet- term 'of .the rental lit
Dubuque Code of Or- rescheduling fee , pro' the City rot, Dubuque ^ed , •cense from an annual
dlnanees and all'oth vided the;city manager Code ofOrdrnan`ce's Section 404 4 3 Water license ;to a' .quarterly
er' ordinances ', sor or; the city .,manager's Exception Purntsua,,closet accessibility. license, until `such time
parts of laws in, con designee is .notified of to Iowa Code ,§562A 15 :Amended to read: ,as asthe priority category
filet herewith ;-are the cancellation not a ,landlord may enterfollows•a>' has gone twelve (12)
hereby„repealed less than two (2) busi- into'a,:leaseagreement 40443 ;Water closet consecutive months
Section 2. The 'City ness days prior to the in certain circumstan * ,'accessibility Every without-. a violation
of Dubuque Code of 'scheduledinspectron ces with, a^tenant for bedroom tiin a,dwelhng -which ` wouid qualify
Ordinances rs . Section.1062 Notice maintenance iri which. unt shall have access . the-Individuai_forprior-
amended by,adding -of. violation Amended ase a tenant will be ,to nt less:than :one ity.category;status. , .the following new11to.read 1062 Notice responsible for com >, water closetandlava
F Annual license. re-
tle j Chapter 1,;;Ar- of violation. A notrceof plyingwith Section 6-8- - .tory .located in„ :the newal. ,
violation '-is'3 not ;re; 2 ; City Will provide a -same story asthe bed- 1. Rental • licenses
;14-11=1 INTERNA= quired in every srtua=. lease ;addendum, docu-. 'room or an adjacent must be. renewed an-
TIONAL PROPERTY tion and city staffmay mentin'g the agreement , story ,, . 4 nually, upon :notice is
MAINTENANCE CODE issue a municipal in for use by landlords If Section;: 602 3 .Heat . sued -by the;,city man
ADOPTED: . fraction without previ a landlord, prefers to :Supply InsertSeptem- ager to'the property
That a,certam docu ously issuing a notice' usei•a; different form ber15toMay15 owner-, or •,registered
ment, 'copies of which of ,violation :The code upon tequest •of the Section :602 4 occu- manager.. or'; licensed
are on file in the office' officiaofficial; may City a.,landlord; must• ' Diable work spaces :<In- real' ,estate,professio-'
of the:Buildmg Services serve a notice of viola;, provide a copy -of, the certSeptember 15 •to nal holding the rental
Department and Hous tion or order;in accord; written leaser agree May 15
,ing and Community,. De once with Section 107 , merit to the,+code off, Section rG02 5 Room 2 •:Application for. rel
velopment DepartSection 107.1.7 Notice: tial ;i , temperature ,measure newai • of a rental 11
ment . being marked to:Person Responsible Section 302.8.. Motor < ment. Amended:, to cense may.,be .made.
and desig'natetl as `the Amended to read J vehicles Amended to reatl , ;; within sixty (60) days
International Property 1071 Notrceito person.; read:.tie, i ;6025 Room tem era-
Maintenance •,Code .responsible ,Whenever P prior e istng renal Ii-
302 8ecto ns -1 -7-1: cure red roo mte er- ce an existing rental.li-
2015 edition, as .pub thecotle official deter-: See Sections, rl'6713 required-room temper;. cense. '
fished by,-the Interna- mines that ,there has; and 16=14 5rof the City ,atures sh"all be ,meas 3.;Application for re=
tional',Code Council,;, he been a violation of this of Dubu`;que Code'of Or, tired three (3) feet newal-of rental ,livens-'
'A66:IS hereby adopted code or has grounds to dinanees ; . above the floor at the es will .be sent ,at..the '
as the Property ,Main believe that a�violationcSectionc3042 Protec msidewalf' beginning of each cal-`
tenance''Code of ,the has,, occurred notice : true treatment ,Amend :Section 605 2 Recep, endar• year, and; must
City of Dubuque as Ti may; be givenyrin,the'•edto read taclesy Amended, to be•;r,•emittedwithin six-
tle 14 Chapter 1 ;4itr manner prescribed, rn 304 2 Protective add
cle J m tfie State of, le Sections ,i r f ty (60) nays
],072a� and treatment: v� Exterior ;;Exception rin heuof GRenewal fees due.
wa -for regulating and 107 3, to the person, re surfaces mcludrng but every habitable Jspace Renewal fees) will be
•
tone and % t etenandre tlon asble for.�the+viola not lir ,ted to doors in ,a+rtlwellingxcontain rnuoicedtat,;the begin-
;of all's ro'' e # y buy cod'' „(zoces f ons '`'framhes 1, co naes*g reg o 're ept' cteo and
l. y agr„and mustcalendar
Mp p rtnIe pe .i
—.'S"'arrd:.', .0 taFe' ;+ mtifdti'o,ti,,„.., ,o-c dotes : tires; tri ' alc"o- )re dn"P� r`ece c `� t X5o)"'— --
providing,; the stand- shall also comply with nes ,de'cks and,fences, . and a separatep�errmae days{Fa lure to pay re-
ards for supplied itilit Section 108 3 •; shall be: maintained in ` nently installed li ht
les and• facilities and Section 1113 A h 9 tion o fees ico viola-
pp gootl condition Eiden fixture rsaliowable tion ;of this code,and
other physical things •cation for , appeal orrwood surfaces;toth AppendixA Deleted may result to monetary
and conditions essen Amended to ;read as errthan decay resistant , X14 L'1 3 /RENTAL LI penalties, license.sus-.
tial to ensure nth'at follows ;� _, .woods {eshall berpro CENSES4 r rr
structures are safe 1111 Apphcatron for ; 'tested from the;,ele A Rental License Re cation n issuance of: a
sanitary and fitfor oc appeal, ments and ,decay by, quired , No property' noticetovacatetoten-
cupatron.and use and A:,Any person direct pamtrng or 1other,;pro owner manager or11 ants,,;;,and/or, issuance
the condemnation of ly affected by; a tleci, tective .. coveringw or _tensed realYestate;pro of „municipal': infcac-
buildings and strut sion;of the code official ` treatment y Peeling fessional maylet toan tions. ;
tures unfit;_for human or a notice onorder is-flaking ;and chipped other for'rent and/or H. Rental license not
occupancy ; and use sued; under this code paint shall be elrminat occupancy any dwell- transferable. Rental ::11'
and" the demolition ,of shall have the rrghtto ed ,.and , surfaces ing , tlwellingi unit, cerises are not trans-
• such existing strut ,appeal to the"apphca- repainted Siding; and -housekeeping unit ferable front, oneprop-..
tures as herein provid bre board of appeals, ; masonry;joints, aswelI rooming house room,- erty to.another Rental
•
ed providing forthe is provided a•written apt, : as those between the ing unit,.,{or sleeping licenses are,•not trans
•
seance of"permits':and, plication for•appealris building envelope and unit,:asdefined by;.the ,: • ..ferrahlefrom.one own
collection of fees filed;:wrthrn 20days of-. the /perimeter of .win Property ,Maintenance er•, toi another s'in the
therefor;• andeach,and ter .the day: the tleci- down :doors and,isky , Code and ;
pR a o�ui u U1111.oras is rentea, in • tnge ent of an censed real estate pro
j Housing and Commune- of. Appeals 'will hear leased or let, shall be •enter enc fessional to substan-
ty Development' De- appeals related to mat- equipped with a lock '- d. Ernail.address, if daily comply` with the
partment and Building ters .under the purview designed to be readily available'' :. Property Maintenance
Services ' Department of the Housing & Com openable.from the side `4 If the property own Code.
will be established by munity ; Development from, which egress is to er has: retained a prop- 2. Fees. All fees re
resolution of the ;City Department; including be: made •.without the erty manager the prop- quired pursuant to the
Council. but not.limited to resi= need for keys, special erty owner must pro- issuance of arental"li-
Section 104.2. Inspec . dentia) property • and knowledge; or. effort.,. vide the.,following ;in cense are paid in full to
tions. Amended to rental., housing: The Such locks shalll be, in- formation: the city. ;
read: . • Housing. Board of Ap- stalled according :-,to :aProperty manager's 3. Successful Rental
104.2. Inspections.; peals will use the. pro. the ',manufacturer's name; .. Property . Management
A The code official visions of' -14-1J-7, for specifications and b Property manager's Class:
shall make all of the re- the; handling ofap maintained • in .' good mailing, address a,. The property owner
quired inspections;" or peals: working order.- ; c Property managers or. manager: has coin
shall accept report's of Sections 1112: Section 305.3; Interiot telephone=number dur= pleted the .Successful
inspection by approved through 1118 replaced' surfaces Amended to" ing normal business • Rental Property Man
agencies' or mdivi, uals with City, of .Dubuque read: flours agement class • (the
Reports of such inspec' Code: of Ordinances) 305.3. interior surfa. d. Property manager's Program) or a; program.
tions shall be in writing Section 14-1J-7 ces telephone number;: in of continuing- educa-
tions
be certified by ,a Section' 202 Defmi, A. interior suffaces, the event of am emer- tion approved by the
responsible+ officer' of tions Amended. to add including windows and gency city manager.
OFFICIAL such• approved agency definitions. for Building doors, ;shall be >.marn a Property manager's b. Until such•time as
PUBLICATION or by the responsible ' Officiall,•Elevated Blood tained:-in good i; clean email address if,appli= the property owner or
ORDINANCE 00 .'3046 individual,'' The code of Level and Lead Based' and sanitary, condition. cable I manager has complet
AMENDING ORDI_ ficial is authorized to Pain and modify the: Peeling, chipping, Cable:::::::
A,statement that ed, the program or an
NANCE 6.36 .,WHICH engage sgch expert definition of:Code Offi loose;.flaking or abrad= the prope ty manager equivalent program of
REPEALED : TITLE 6 opinion ,as deemed sial and ;habitable: edi paint shall, be re , or real estate proles- continuing , education.
CHAPTER 6. OF THE necessary. to' report space paired,': removed , or ,sional ; has, the : same approved by t`the City
CITY OF ;DUBUQUE upon unusual technical BUILDING OFFICIAL; covered Cracked ,or. authority and,responsi- manager;, only a tem
ODE': OF OROINAN issues that arise, sub• See • CODE` OFFICIAL!'; loose: plaster :decayed , 'bility .as ,the property porary . rental •. license
CES AND.14.1e-OTHER ject to the approval of CODE OFFICIAL The wood'and otherr,defec- owner for;; maintaining .may,be issued. , '
ORDINANCES" OR the appointing autho_ n officers officers or•oth- • tive sprface conditions the rental.unit(s)til .c, A property
PARTS OF 'LAWS IN ty er designated authoric shall be, corrected . r5 The property. own- manager who has coin
CONFLICT THERE= B Required mspec ties charged,;with the B AILresidential:prop ., er, manager or;^ li pleted ;the ,program
WITH '_ADOPTED THE -tions .- ` administration ander!, ertles•receiving;federal censed,reajlestate pro,- since 2000 according to
2015 EDITION 'OF THE 1 When requested forcement of this code,- assistance mustbe: in , fessionaL:;inust :desig; the;city 'records, ori
INTERNATIONAL and approved by the or,;;a duly authorized.compliance 'with ;the nate a'. resp.onsible who; cam provide other
PROPERTY MAINTE- property w
oner, man representative, Any. . Lead Safe Hqusing Rule . agent -to represent;; -the proof `of., completion,
will be exempted frcm
thisrequirement. -
d. Licensed real es-
tate professionals are
exempted from: the
program attendance
requirement.
e. The city manager
may waive the =Pro-
gram requirement
upon the submission of
a written'' request=by a
property 'owner„,man-
ager, or licensed real
estate professional'and
after finding that:
(1), The propertys 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
provide', the property
owner with an unfair
advantage'; -in' a com-
petitive real estate
market. '-.
4. Criminal' Back-
ground Checks:
a. The property own-
er; manager,' or li-
censed
icensed real estate pro-
fessional agrees to
conduct :'"'background
checks for all prospec-
tive tenants whose ten-
ancy commences-onor
after July; 1, 2011. A
background check may
be performed using the
city's free background
check service or by an-
other background
check service ;ap-
proved by the city
manager.
b. The city manager
may waive the criminal
background check re-
quirement upon the
submission of awritten
request by- a property
owner, manager, or
real estate pro-
fessional 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 li-
' cense.
1. Thecity 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.fora,
period not to exceed
one year for any of the
- following:
a. Conviction,judg-
ment, plea of guilty, or
finding of guilt of the li-
censee for violation of
any provision • of the
Property ';Maintenance
Code;
b. Misrepresentation
by the licensee of any
material fact in the ap-
plication for a rental: li-
cense
c. Refusal y die-li-
censee
lae Ircensee Atbf' permit 'in-
spection of the -YIr-
censed ' rental unit(s)
by authorized city per-
sonnel; j: ,
d. Nonpayment of the
fee for renewal of the
rental license,
e. failure to attend
the Successful Rental
Property Management
class; or
f. Failure to perform a
required criminal back-
ground check on an'ap-
plicant for tenancy :af-
terJuly1,2011. -
g. Failure of a priority
category to comply
with an inspection
schedule ' or pay in-
spection fees. Tenants
will be :relocated from
the rental :unit at the
priority category's ex-
pense.
2. Prior to any suspen-
sion or revocation un-
der this subsection, the
city manager must:give
notice in writing to the
property owner, man-
ager, or licensed real
estate professional and
provide for an opportu-
nity to appeal.
3. During the period of
revocation or suspen-
sion, a unit for which
the rental license was
suspended or revoked
may not be relicensed.
4.' The city manager
shall cause to be is-
sued to the licensee a
notice that the .license
is suspended or re-
voked, 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 licen-
see may appeal the de-
cision ofthe city man-
ager; to the housing
code appeals board. An
appeal must befiled,'in
writing, within twenty
(20) days from the date
14 -3J -4,
a lJ 4'-PR:ORI'Y
CATEGORY: `,'
-A. Priority Category
Designated: The city
manager may desig-
nate aproperty owner,,
manager; or licensed
real: estate professio-
nal a priority. category
for purposes of the.
housing code if three
(3) times within a peri-'
, od of twelve (12) con-
secutive months the.
property- owner, man-
ager, or licensed- real:
estate professional:
1. f -las a rental license
suspended; ".
2: Has a rental license
revoked;
3. Is noncompliant `-
with housing code or-
ders in excess of ninety.
(90) days without ei-
ther an extension of
time or variance from
the : housing code ap-
peals ,board l or good
faith progress as deter-
mined by the :city man-
ager;
4. Fails to perform a
mandated < criminal
background check on a
tenantor
5. Receives a citation.'.
for a housing code vio-
lation.
B.' Notice Of Priority
Category Status:
Whenever the city
manager designates a_
property owner, man-
ager, or licensed • real
estate professional 'to
be a priority category.
under subsection A of
this _ section, the city
manager must give no-
tice of the designation
to the property owner,
manager, orslicensed
real estate Professio-
nal :responsible. Each.
notice must:
1. Be in writing;'
2: Include a listing of
the basis for
ing the property own-
er, manager, or
tensed real estate pro=;
fessional a priority cat-
egory;
3. Be served upon the
property owner, man-
ager, or licensed real
estate professional, by
delivering the.sameat`'
the property owner;:
manager, or licensed
real estate °professio-
nal's residence, office,
or place of business in
person or by mailing by r.
certified mail or regu-
lar mail to such ad-
dress. All suchmail
must bear indicia re-
questing return to
sender or :forwarding:,
address if not delivera-
ble as
eliverable'as addressed; and
4. Contain a state-
ment that:'
tate-mentthat:'
a. The property own-
er, `-manager,' or li-
censed real estate pro
fessional may appeal'
from the notice ofthe
city manager'. to the',
housing' code appeals,
board;
b: An appeal must be
made in writing and
filed with the city man-
ager within twenty (20),.
days from the date of
serviceof the designa-
tion notice; and "
c. A failure to appeal
Will : constitute a waiver
of all rights to -an ..ap- ?,
peal.
5.' This section 'may;.
not tie interpreted to
preventthe- enforce-
ment and imposition -of i
fines and penalties for
housing code -viola-
tions.
-14=1J-5: `"PROCEDURE
FOR HEARING APPEAL
OF PRIORITY 'CATEGO-
RY STATUS:
A. Notice Of Appeal: A
property owner, man-
ager, 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 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 priori-
tycategory. The notice
of appeal must include
the following:
1. Name and; address,
of the appellant;
2.' A brieffstatement'r n
ordinary and concise
languageof any mate-
rial facts- claimed to <.
support the conten-
tions'of the appellant;
3,A brief statement in
ordinary and concise
language of the relief
sought, L -and , the rea-
sons]why it is claimed
the order appealed
from should • be re-
versed; and
4. The signature of the
appellant and the ap-
pellant's mailing ad-
dress.
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.
the puzi
secretary procedures
under which a hearing
will be conducted. The
`procedures shall. not
require' r-- compliance
With -strict -rules of evi-
dence, but) shall ':man-
date -that only relevant
information be re-
ceived.°.
Fi Appeals' Board Ac-
tion: following`- the
hearing, ,the housing
code {appeals • board
may, by a majority
vote, affirm the desig-
nation or. reverse the
designation.
14-1J-6:' INSPECTION
OF PROPERTIES rOWN-
ED BY PRIORITY CATE- .
GORY:"
The city manager or
the city manager's des-
igneemay order the in-
spection of any: or all
properties owned ,;or
managedby a priority.
category. The fee for
suchinspectionwill be
as set by the cityman-
ager. The -properties
may be put on an ac-
celerated -inspection
schedule by the city
manager or the city
manager's designee. If
a priority 'category fails
to comply with an in-
spection schedule :or
pay any. -inspection fee,
the rental license may
be -suspended or re -
yoked and the tenants
relocated from the unit
at the -•.priority cate-
gory's expense.
14-1J-7: ). HOUSING
BOARDOFAPPEALS: -
'. A. Board -Created: In
order to'hear ,and de-
cide appeals of orders,
decisions; or determi-
nations' made 'by the
code official relative to
the,application'-and in-
terpretation of this
code, there shall be
and is•h'ereby created a
Housing Board-of,Ap-\
"peals "A The =Housing
Board of Appeals shall
be appointed by the
City Council and shall
hold office at its pleas-
ure.
B: Membership: The
Housing Board of Ap-
peals 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 -quali-
fied: Vacancies must
be filled in the same
manner'as original ap-
pointments: "Reasona-_
ble efforts 'should be
made to obtain repre-
sentation of both ten-
ants and landlords.
' C. Oath:`Each-person,
upon ;appointment' or
reappointment -to- the
board] must execute -an
oath of office -at the
first meeting; of the
board following ap-
pointment •or:`reap-
pointment or at the
city clerk's office. any
time prior to thefirst
meeting of the board
following' the . appoint-
ment or reappoint-
ment
D Officers/Organifa-
tiOn,:, The7 board ;rnust
choose) annually'-, a'
chairperson and vice -
chairperson; - each to
serve a, term of -one (1)
year. The code official
is the' secretary of the
board. The board Must
fill a vacancy among
its officers forthe 're-
mainder of the officer's
unexpired term.
E. Compensation:
Members serve with-
out compensation, pro-
vided -that they may re-
ceive reimbursement
fon necessary travel
and other expenses
while on official: board
business within the
limits established in
the city administrative
policies' and budget. ,
F. Disqualification of
Member: A member
shall not -hear an'" ap-
peal in which that
member 'has a person-
al, , professional, or fi-
nancial interest
i-nancial.interest %;:
G.:Application for Ap-
peal
1. Any person affect-
ed`bya decision of•the
code official or a -notice
or- order issued under
this -code shall have the.
right to appeal to the.
Housing --Board of Ap-
peals, provided a writ-
ten application for ap-
peal, is .filed within
twenty (20) days after
the day the -"decision,
notice, or order 7. was
served. `2
2 • An application for
appeal shall be based
on a claim that the true
intent of'` this code or
the rules. legally -
adopt -ed thereunder •'have
been incorrectly inter-
preted,, the provisions
ofthis;code do not fully
apply- or. the ,require-
ments' of this code are
adequately satisfied by R`
othermeans
Hs Limitations on''Au-
thority (Board Powers)
1: The board has the
I,
meet
,� • ;. Britten
= reyuestofa maiority:of
the members.--
J.Open Hearing: r-`
1. Hearings before the
board shall be open -to
the public: and' in :com
pliancewith:the provi-
sions of the Iowa 'open
meetings -law.
2. The .appellant, '. the
appellant's? representa-
tive, the code official,
and- any person :whose
interests are affected
shall be given an op-
portunity to be heard.
K. Hearing, Procedure:
1. The board shall
adopt and make availa-
ble- to the public
through -the -secretary
procedures under
which ahearing will be
conducted. The proce
dures'shall not require
compliance with strict
rules of, evidence,
shall- mandate that -''on-
ly relevant information
be received.
2. A quorum shall con-
sist of, a minimum of
two-thirds (2/3) of the
board membership.
3. Members of the
board shall, attend at
least two-thirds (2/3)
of all regularly sched-
uled ancl
ched-uled-and held meetings
within a' -twelve •(12)
month period. If any
member doe's not, at-
tend 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
n-tered`upon,the minutes
of all meetings. ,
4. The city manager
shall file with the city;
clerk a copy of-the'mi-
nutes of=each meeting
ofthe" board within ten.
(10) working days after
each such ° meeting
5. All administrative,
personnel, "'accounting,
budgetary, and •pro-
curement policies
rocurem'ent}'=policies - of
the city- shall govern-
the `board' in its opera-
tions.
6' Removal: Except as
provided - in ' 14 -1J -
7(K)(3), the city council
may remove any mem-
ber for -good cause.
',L. Postponed Hearing:
Either the city or the
appellant mayrrequest:
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
ofthe appeal.
M:Board Decision on
Appeals: The board
may, by majority vote:
1.'Affirm-the decision
of the code official;..
2. Reverse the deci-
sion of the code >offi-
cial; or
3. -Modify the decision
of the code official:
a. Modification of
deadline. The Housing
Board of Appeals may
not approve an exten-
sion of .:a deadline
which exceeds nine (9)
months from the date
of the notice ofviola-
ti on Conditrons`"Dndef,
which aiNdeadline will"
be extended•. must be in
writing, 'and on file in
the .'Housing & Com-
munity Development
Department: •
b. Modification to al-
low variance: Condi-
tions under which a
variance will be grant-
ed must be in writing
and on file in the Hous-
ing "& -Community De-
velopment ` • Depart-
ment.-
N.
epartment.-
N. Resolution: The de-
cision of the board
shall, be by resolution.
AG written copy shall be
furnished to -the appel-
lant and placed in city
records.
0. Administration:
The code official shall'
take immediate action
in accordance with the
decision of the board.:
to cause this ordi-
nance to be.pubiish-.
ed.•
Section 6. That this
ordinance -and ,the'
rule's, regulations,;
proy�s�ons, °require-
ments, orders and
matters established
and adapted' -hereby
shall take effect,,and
be in full :force 'ands
effect on July1, 2016:
Passed; approved,
and: 20th
day Of June, 2016:
/s/Roy D. Buol;
the address on file with
the city mahager"
5. Appeal. The:; licen-
see may appeal the de-
cision :ofthe city man-
ager -.to the housing
code appeals board. An
appeal must be filed, in.
writing, within 'twent'y
(20) days from the date
of the notice of sus-
pension or revocation.
6. Upon suspension or
revocation the city
manager must give
written notice of the
suspension or revoca-
tion 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 af-
ter su�h time shall be,
subject to penalties un-
der 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 or im-
ply the rental unit con-
forms with Iowa law or
the city code, ner.'does
the issuance of a li-
cense relieve the prop-
erty owner, manager,
or licensed real estate
professional of the re-
sponsibility for compli-
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 no-
tice of appeal filed pur-
suant 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 ap-
peal was filed, unless
agreed upon by the ap-
pellant and city. Writ-
ten notice of the time
and place of the hear-
ing must be given 'at
least ten (10) days pri-
or to the date; of the
hearing to the, appel-
lant either by causing`.a
Copy of such Inotice to
be,personally delivered
-to 'the,appellant or by
mailing'a:copy thereof,
to the appellant's ad-
dress shown on the•no=
tice of`appeal .
D. Waiver: The failure
to file a notice • of ap-
peal in 'accordance
with this section con-
stitutes'a waiver of the
appeal.
E. Appeals Process:
ell .:: UICI CUIIUer nave
beenincorrectly inter-
preted,'
nterpreted,' the provisions
of this code do not fully
apply,• or the require-
ments of this code are
adequately satisfied by
other means.
H. Limitations oh Au-
thority (Board Powers)
1. The board has the
following powers; du-
ties, and responsibili
ties:' ,'.
a'. To advise `tlle oity
council on all'property
maintenance:, matters
under the purview of
the ,•' Housing & ' Com-
munity I, Development
Department.
b: TcLserve as an ap-
peal body for the deci-
sions of the code offi-
cial.? ,
c. To provide for rea-
sonable interpretations
of the'Property Mainte-
nance Code on matters
under the•.purview,'of
the, Housing & Com-
munity Development
Department,'
The Housing Board of
Appeals does not have
the authority to waive
the 'requirements of
this code. •
I. Notice of Meeting:
The board shall meet
upon notice from the
chairman, within not
less than ten (10) days`
and not more than six=
ty-(60) days of the fil
fOL avec[ Lae validi-
ty of the, remaining
portions of this ordi-
nance: • The City . of
Dubuque hereby de-
clares that it /would
have ;,passed this
law, and each -sec-
tion, subsection,
clause' `or; phrase
thereof, ''irrespective
of the fact that' any
one or more .sec-
tions, ` " subsections,
sentences, clauses
and phrases be de-
clared k. unconstitu-
tional. ,
Section 4. That
nothing in this'ordi-
nance or in the Prop-
erty Maintenance
Code, hereby adopt-
ed shall be: con-
strued 'to affect any
suit or' • proceeding
pendingin any court,
or . any rights ac-
quired, or liability in-
curred,;or a`nycause.
or causes of ,action
acquired. or existing,
under any actor or-
dinance hereby re-
pealed as cited in
this ordinance; nor
shall - any just or le-
gal right or remedy
of any ;character be
lost,' impaired or; af-
fected' by this •legis-
lation:
Section 5. That the
City Clerk is hereby
ordered and directed
HOUSING '•ROGRAM;
CONDUCT EARINGS
ON GRIEVAN' ES:
The commi .ion mon-
itors the city s housing
program ani conducts
hearings on rievances
arising out o the oper-
ation of suc program
with the' ex eption of
property .m :intenance
code aforcemeat
Which is h ndled .by
the housin a appeals
board. ;
Section 3. Section 3-
4D-9 of the ity of Du-
buque Cod ,of Ordi-
nances is:.. ended to.
read as foli�ws:•
ROCEDURE
FOR HEARI APPEAL:,.
A Notice Of Appeal:
Any perso' ':aggrieved
or adverse y affected
by a decision of the
city manag: r under the
property, aintenance
code may • pply"to the
appeals bord for, re-
view of subh decision
byfiling aiwntten no-
tice of appeal with .the
city manger within
twenty (20);days of the
date of the decision.
The notice 'of appeal
shall include the fol-
lowing:
1. Name and address
of person appealing.
2. Abrief statement in
ordinary and concise
language of the deci-
sion protested, togeth-
j
• UWIII1. uI ,cal piuwci cy,
and any person having
a property interest in
the prope including
legal of eq itable inter-
ests.
PROPS Y:
,Includes
both real nd personal
property.
RESPO IBLE PARTY:
Any ,pe on..,having
ownersh p possession,
or con of of real or.
person I 'proberty, in-
cluding, but not limited
to, any one or more of
the following:,
A: Ani agent;
EFFECT OF AMENDMENT TO ORDINANCE NO. 8-16
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. The City of Dubuque Code of Ordinances is amended by adding
the following new Title 14, Chapter 1,Article J:
9PGtiGR 7 9PGtiGR 14 9 1 A of the Gity of 11..1...que Gede Of Qr1diRaR..e6 Will
read as fella.yg'
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 Z Section 14-1-'-2 of the Pity of Dubuque Gode of Ordinances will
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.
18
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 theme ode official 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:
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
19
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. A notice of violation is not required in every situation---- Formatted:Font:(Default)Anal,12 Ft
and city staff may issue a municipal infraction without previously issuing a notice
of violation. The code official aays4a4 serve a notice of violation or order in
accordance with Section 107. Th 9 Cep'nFl dAPS ^n' rnpose a duty to IFll+tally
nhaFge all m al IFlfFaGt RG 1 .J.. Fl.dl.P Af Y Al@tl AR
Section 107.1. Notice to Person Responsible. Amended to read:
107.1 Notice to person responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to believe that a violation
has occurred, notice may be given in the manner prescribed in Sections 107.2
and 107.3 to the person responsible for the violation as specified in this code.
Notices for condemnation procedures shall also comply with Section 108.3.
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 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. -T
of Anneals w it hear appeals relater) to matters 1 Flrler the n Of the
LJnnsi Fln & /"nmm61R ty 9&,'@lnnmeFlt DenarFmeFlt RG1 ld Fln 9614 Flet limiter)
ter si d@Rti al property and re Fltal hens Rg. The LJnnsi Fln gnaw) of Anneals
'mei 11 a the property Mai Fltena Floe /"nrle n OFFS Fnr the haRd' Flo nF
appy
20
2. Th@ Qui Id ne Qode Adv i core and Anneal Pearn ,mill bear app
vole
r'@tPd to mattPrn .d@F th@ n Of th@ ❑iii l.Ji R9 9@R'i Gas P@pal4FR@R
RG161di nn hilt net limiter) tO FPS dPRt alinti r cirlential GOFAFA@FG al and
'Rd lStri al n nerFv The Qui Id nn Qode Adv i core and Anneal ❑Oarrl •e "
Isp-
th@ PFOYS ORS Of 9 n 9 A C £,.r the h@Rd'i R9 of a a's. 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 provisions of 14-1J-7 for the handling of appeals.
Sections 111.2 through 111.8 replaced with City of Dubuque Code of Ordinances
Section 14-1J-7.
QentiOn 111 7 f,Aembercbin of board) Amender)tO rear) ac£OIIGNS
1117 P.4@FRb@FGbi n.S bA@Fd
nit„ aPPQ int@d b„ the rit„ /"Oiinnil £Or terms Of three im YPaFS AF inti' SlIgh
FAPFAbPF'S c apPQinter) and O ali£i ad Vaeanni ec m ict he £il ler) in the
obtain r entad OR e£bOtb tenants and lanrllOrrlc
B. Th@ ❑iii❑iii) erode Advisory am Anneal ❑Oarr FA@FAb@FSh ,mill be
QentiOn 991 71 Alternate .., mberc neeterl
QentiOn 119 7 F COmnencatiOR Of m mberc nedete.9
RPAt AR 111 Q PlAt s Of Mast V R9 AFR@Rd Pd to r @d
999 Z NOtine e£ meed nn The board) shall meet 61POR heti Oe£rem the Obai rman n,itbin
ivty /FIl\ nays Of the£dine of ono al OF at stater) n Orlin meed nnc
9@Gt OR 111 n (1P@R heaF R9 AFR@Rd@d to r @d
999 n nnen beari ns
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A Wear c be£Ore the board) Shall b@�n4n th@ 1blin onrl R GQFApl
.dtb th@ PF906 ORS Of th@ IG'A,a GP@R .di R96 IRA'
B. The a ellant the ellont'c r entatvrl
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. boce Interests aFP a££eeterl Shall ben OPP0146IRity to be beard)
RPAt AR 114.4.4. PFAAPd'-'F.. AFRPR Pd to r a.9
21
Ill.A.1Frnnerl irPirn.
A. ThQ bead shall adept and make a ai!able to the iibli nV.rniin9bnth@P
S@Gretary n nerLires nrler .e,bi nb a beannn .e,i 11 be nnnrLinterl TbP n nerLires
shall ...d r pi r,nGn Wd4b G4ri.d F611@6 Of n ,i.J........ hi i4 Sbr,11 m ...Jr,4.. 4br,4
nnly rPl&.,ant infr.rmati nn be r ,Prl
P. A 961ARIFA shall PARSiSt nF nF t.e,n tbi rrls nF tbP bnarrl
mbersbrnP.
rMpmbPF9 Of tbP beam! shall @Heed at least fie,n tbi rrls /�'�� nF allreni iloTrTL.I,
..b...Ji iL..J r,nd b.J.J FR@@t R96 Wd4bi.. a fi.,.J.,.. /17\ m .db P ...J if r, FRb@F
Anes not @Heed 9119h n Ari berl n tuber Of mPPti ens i4 shall n nstifiltP n nrls
Fnr tbP bead to FPAGFAFA@Rd to tbP ni 4.,n nil that tbP FA tuber be r n!anerl TbP
r,44.....Jr,.......5 r,11 m FRbPF; Sbr,11 L......h.F@d n 4b@ m 4..6 of all FR@@t..96
B The..i r shall £i In Wd4b 4b....&.,GI@Fl(r, of 4bp m i d..s .S.. ..b
PPti nn of the beam!.e,i thin ten /111) .e GFI(nn days after anb c inb mPPti nn
€. Au r,.Jmi..i SHr,4i.,.. P@FGGRRnl .di.... La i.J....M.r., ...J ...h
POIi Ps Of tbP nits shall n n tbP bei isi nn bead of appeals in its n roti enc
F. RPm ,ate. F=XGen4 0 PFG.,irlerl iibsen4inR C nF 4V.is sen4inn 4V.e nit.,
nilm CRY FA@Ftuber Fnr nnnrin
QPnti OR 111.5. Dnstnnnerl beannn AFA@RdP.1 to rearP
111.5. DnstnnnPrl bearinn €itber tbP nit., OF the pellan4 FnaY r@96itaa
nstnnnPm Pnt of a bearinn sulb@Gt to the a ,a! Of tbP nnrlP r.FFinia! !n n
.J
..����pr,
nn4 ..G4........m...d n ...Jdays.d., RHl\ ds 4....,.....J 4b.. 4.. .S 4b
a ..py
QPntinn 111.6. Read flenis inn Amended to rea.+
1441 F ❑A@Fd r1n..i ri nn ThP b.@Fd b., r&., vote, af£i rm ...J i£., OF
P tbP rlenidAR nF tbP nnrlP nfflnial
A. MAA fi roti nn Of rlearlli RP. Th2 LJnnsi nn gram! of Anneals m nn4 a
aR PvtPsi nn Of a rlearlli RP .e,bi nb P Perls n P /O\ mnntbs Frnvn tbP date nF tbP
..4i.... .S. n1 @t AR. (`.....Jit ARS i ...J..r'.,b i..b r, .J..r,.Jli.... '.d 11 L... ....4....d Pd FRI164 4...
,riti nn and OR Fi lP in tbP W0616 R9 &/"nm nit., flevPlnnment fleeahm Pet
R. MAdifi roti nn to alln.n, . . !"nnrliti ens nrlPF .e,b inb aV@F n,i 11 be
9.a..terl III-Sm iso bP i ,rlti nn and OR Fi lP in tbP LJnnsi nn & !"rearm inity P&e'@Innment
fl..pai#R@Rt
T
22
QAnti OR 111 R Stow n£ Cn£ArnAmAnt 9PIPtArl
QAnti An 117 A Coi 11rA ton my. /A M@RdPd to FP@d
117 A Cni111rA to n n6• ARS' n .•19A shall n Rti Rue n A.IL a#@F h2?0 R9
19AAn c •Arl •n•ith o conn•e ArIL ArrlAr A ono c 1n19 work as that P@FSGR c d rAnted
to ..AAArM tO r Alnti AAA nfA Rd iti AA shall be lintel.. i AFd@AAA
n•ith QAnti nn 1 A 7 n£t19A Q tv Of rL 11961911@ CArlo n£QFd nonnAc
Section 202. Definitions. Amended to add definitions for Building Official, Elevated
Blood Level and Lead Based Pain and modify the definition of Code Official and
habitable space:
BUILDING OFFICIAL. See"CODE OFFICIAL".
CODE OFFICIAL. The officer, officers, or other designated authoritiesy charged
with the administration and enforcement of this code, or a duly authorized
representative. Any reference to "BUILDING OFFICIAL" in this code refers to
"CODE OFFICIAL".
ELEVATED BLOOD LEVEL: A confirmed concentration of lead in whole blood of
20 .g/dl (micrograms of lead per deciliter of whole blood) or greater for a single
test, or of 15-19 .g/dl 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.
23
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.
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:
304.18.1. 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.
24
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 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: 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.
25
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.
CPGtiGR A 9PGtiGR AA 41 3 of the Gity of Dubuque Gude Of QFdi..... GP6 . All
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 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
includ_elag, but is 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:
a. Property manager's name
b. Property manager's mailing address
26
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).
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.
27
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,
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.
I. 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.
28
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 AFFRP
fFPP m I',t hAus ;g-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,
(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:
29
a. Conviction, er—judgment, plea of guilty, or finding of quilt 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,
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,
30
manager, or licensed real estate professional of the responsibility for compliance with
applicable Iowa law and the city code.
CPQtiGR G 9..ti.. AA 41 A of the Gity of Dubuque Gude Of QFdi..... QP6 . All
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
housing code if three (3) times within a period of twelve (12) consecutive months the
property owner, manager, or licensed real estate professional:
1. Hasa 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:
31
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.
5. This section may not be interpreted to prevent the enforcement and
imposition of fines and penalties for housing code violations.
CPQtiGR C 9..ti.. AA 41 5 of the Gity of Dubuque Gude Of QFdi..... QP6 . All
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 sede 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 was filed, 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.
32
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.
F. Appeals Board Action: Following the hearing, the housing code appeals board
may, by a majority vote, affirm the designation or reverse the designation.
actmon 7 Sactm .n 14-1-1-6 of tha City of nubuqua Coda of Ordmnanca= .uill
read a. follao m,
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.
14-1J-7: HOUSING BOARD OF APPEALS:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Housing Board of Appeals. The
Housing Board of Appeals shall be appointed by the City Council and shall hold office at
its pleasure.
B. Membership: The Housing Board of Appeals 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.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The code official is the secretary of
33
the board. The board must fill a vacancy among its officers for the remainder of the
officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person 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 Housing Board of
Appeals, provided a written application for appeal is filed within twenty (20) days
after the day the decision, notice, or order was served.
2. 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.
H. Limitations on Authority (Board Powers)
1. The board has the following powers, duties, and responsibilities: '--- Formatted:Indent:First line: 36 pt
a. To advise the city council on all property maintenance matters
under the purview of the Housing &Community Development Department.
b. To serve as an appeal body for the decisions of the code official.
C. To provide for reasonable interpretations of the Property Formatted:Not Highlight
Maintenance Code on matters under the purview of the Housing &
Community Development Department.
The Housing Board of Appeals does not have the authority to waive the requirements of
this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
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2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. 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.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. 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.
4. 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.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: Except as provided in 14-1J-7(K)(3), the city council may _- Formatted:Not Highlight
remove any member for good cause.
L. 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.
M. Board Decision on Appeals: The board may, by majority vote:
1. Affirm the decision of the code official I Formatted:Indent First line: 36 pt
2. Reverse the decision of the code official: or Formatted:Indent:First line: 36 pt
3. Modify 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.
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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.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in city records.
O. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official chief administrative
officer.
Section 39. That if any section, subsection, sentence, clause or phrase of
this ordinancelegislatien 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 419. That nothing in this ordinancelegislatien 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 9^^"Gn--_" of this ordinancelaw; nor shall any just or
legal right or remedy of any character be lost, impaired or affected by this
legislation.
Section 541. That the City Clerk is hereby ordered and directed to cause
this ordinancelegislatien to be published.
Section 612. That this ordinancelaw 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.
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