Code of Ordinances Amendment - References to Title 6, Chapter 6 Former Housing Code Copyright 2014
City of Dubuque Action Items # 8.
ITEM TITLE: Code of Ordinances Amendment- References to Title 6,
Chapter 6 Former Housing Code
SUMMARY: City Manager recommending approval of an ordinance
which adjusts any references to Title 6, Chapter 6 to the
updated and proper Code resulting from adoption of the
International Property Maintenance Code.
ORDINANCE Amending City of Dubuque Code of
Ordinances: Title 2 Boards and Commissions, Chapter 5;
Title 3 Revenue and Taxation, Chapter 4; Title 6 Health,
Housing, Sanitation and Environment, Chapter 4; Title 8
Human Rights, Chapter 5; Title 14 Building and
Development, Chapters 2 & 3; Title 14 Building and
Development, Chapter 4 by replacing any references to
"Housing Code" with "Property Maintenance Code" and any
references to "Title 6, Chapter 6" with "Title 14, Chapter 1"
and by replacing the definition of "Housing Code" with
"Property Maintenance Code"
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
References to Housing 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: References to Housing Code
DATE: June 14, 2016
The City of Dubuque recently adopted the International Property Maintenance Code.
Ordinance 8-16 adopted the International Property Maintenance Code and also
repealed Title 6, Chapter 6, the former Housing Code. Title 6, Chapter 6 is referenced
in other areas of the City Code and needs to be corrected prior to the July 1, 2016
effective date of the International Property Maintenance Code.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which adjusts any references to Title 6, Chapter 6 to the updated and proper
code.
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
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 14, 2016
RE: References to Housing Code
The City of Dubuque recently adopted the International Property Maintenance Code
(IPMC). Ordinance 8-16 adopted the IPMC and also repealed Title 6, Chapter 6, the
former Housing Code. Title 6, Chapter 6 is referenced in other areas of the City Code
and needs to be corrected prior to the July 1, 2016 effective date of the IPMC.
Attached is an ordinance which adjusts any references to Title 6, Chapter 6 to the
updated and proper code. I recommend that the ordinance be submitted to the City
Council for consideration. Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 31-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES:
• TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY
AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING
COMMISSION, SECTION 2-5B-2 PURPOSE;
• TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY
AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING
COMMISSION, SECTION 2-5B-15 MONITOR HOUSING PROGRAM;
CONDUCT HEARINGS ON GRIEVANCES;
• TITLE 3 REVENUE AND TAXATION, CHAPTER 4 ECONOMIC
DEVELOPMENT, ARTICLE D RESIDENTIAL RELOCATION ASSISTANCE
PROGRAM, SECTION 3-4D-9 PROCEDURE FOR HEARING APPEAL;
• TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER
4 NUISANCES, SECTION 6-4-2 DEFINITIONS;
• TITLE 8 HUMAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-3
EXEMPTIONS;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING
CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-6 SPECIAL
PROVISIONS;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 3 DANGEROUS
BUILDINGS, SECTION 14-3-1 PURPOSE;
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 3 DANGEROUS
BUILDINGS, SECTION 14-3-2 DEFINITIONS; AND
• TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4 LICENSING OF
VACANT AND/OR ABANDONED BUILDINGS, SECTION 14-4-1 DEFINITIONS
BY REPLACING ANY REFERENCES TO "HOUSING CODE" WITH "PROPERTY
MAINTENANCE CODE" AND ANY REFERENCES TO "TITLE 6, CHAPTER 6" WITH
"TITLE 14, CHAPTER 1" AND BY REPLACING THE DEFINITION OF "HOUSING
CODE" WITH "PROPERTY MAINTENANCE CODE"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-5B-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
2-5B-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis of
housing needs and the meeting of such needs; to recommend proposed projects in the
area of low and moderate income housing for the citizens of the city; to monitor the
city's housing programs; and to conduct grievances regarding the rental assistance
program, except in the area of property maintenance code enforcement.
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Section 2. Section 2-5B-15 of the City of Dubuque Code of Ordinances is
amended to read as follows:
2-5B-15: MONITOR HOUSING PROGRAM; CONDUCT HEARINGS ON
GRIEVANCES:
The commission monitors the city's housing program and conducts hearings on
grievances arising out of the operation of such program with the exception of property
maintenance code enforcement which is handled by the housing appeals board.
Section 3. Section 3-4D-9 of the City of Dubuque Code of Ordinances is
amended to read as follows:
3-4D-9: PROCEDURE FOR HEARING APPEAL:
A. Notice Of Appeal: Any person aggrieved or adversely affected by a decision of
the city manager under the property maintenance code may apply to the appeals board
for review of such decision by filing a written notice of appeal with the city manager
within twenty (20) days of the date of the decision. The notice of appeal shall include the
following:
1. Name and address of person appealing.
2. A brief statement in ordinary and concise language of the decision
protested, together with any material facts claimed to support the contentions of
the person appealing.
3. A brief statement in ordinary and concise language of the relief sought,
and the reasons why it is claimed the protested decision should be reversed or
modified.
4. The signatures of all parties named as persons appealing, and their official
mailing addresses.
B. Notice Of Hearing: Upon receipt of any notice of appeal filed pursuant to this
section, the city manager shall forward the notice of appeal to the chairperson of the
appeals board. As soon as practicable after receiving the notice of appeal, the
chairperson of the appeals board shall fix a date, time and place for hearing the appeal.
Such date shall not be less than thirty (30) days nor more than sixty (60) days from the
date the notice of appeal was received by the city manager unless the person appealing
agrees to an earlier adjudication of the appeal. Written notice of the time and place of
the hearing shall be given by the city manager at least ten (10) days prior to the date of
the hearing to each person appealing either by causing a copy of such notice to be
personally delivered to the person appealing or by mailing a copy thereof to the address
of the person appealing shown on the appeal.
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C. Waiver: Failure of any person to file an appeal in accordance with the provisions
of this section shall constitute a waiver of such person's right to a hearing.
D. Hearing Appeals: The conduct of hearing appeals filed with the appeals board
shall be governed by title 2, chapter 1 of this code.
E. Appeals Board Relief: The appeals board may reverse, modify or sustain the
decision appealed from.
Section 4. Section 6-4-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-4-2: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for longer than one year, or any building or portion
thereof which is unoccupied and which meets one or more of the following
criteria:
A. Is unsecured; or
B. Is in violation of the city of Dubuque property maintenance code,
building code, or fire code.
CITY MANAGER: Includes the city manager's designee.
COMPOST PILE: A collection of yard waste and kitchen food wastes, but
specifically excluding bones, meat, fat, grease, oil, raw dog or cat manure, which
collection in nonmanufactured composting units is screened from the street view,
is located in a confined area, is no taller than five feet (5') high and no larger than
seventy five (75) square feet in area, is located more than twenty feet (20') from
any habitable structure on adjoining property and at least three feet (3') from a
property boundary line, is located more than five feet (5') from any wood
structure, excluding fences and compost containers, is not located in a natural
drainageway and is not located in the area between any building and the street
right of way and is collected for reuse as a soil amendment and is maintained
free of noxious odors.
DANGEROUS BUILDING OR STRUCTURE: Any building or structure defined in
this code as unsafe or dangerous.
HAZARDOUS WASTE: Those wastes defined in chapter 455B, code of Iowa, as
amended, and the Iowa administrative code, as amended.
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JUNK OR SALVAGE MATERIAL: Any discarded or salvaged building material or
fixture; any obsolete or inoperable machinery and/or equipment or parts thereof;
any wood, metal, plastic or composite pieces remaining outside of a legal
structure for more than forty eight (48) hours.
NOXIOUS SUBSTANCES: Substances, solid or fluid, which are offensive,
detrimental to health, hurtful or dangerous, including, but not limited to, any dead
animal or portion thereof, and human or animal excrement.
OWNER: The record owner of real property, and any person having a property
interest in the property, including legal or equitable interests.
PROPERTY: Includes both real and personal property.
RESPONSIBLE PARTY: Any person having ownership, possession, or control of
real or personal property, including, but not limited to, any one or more of the
following:
A. An agent;
B. An assignee or collector of rents;
C. A contract seller or contract purchaser;
D: The holder of a deed to the property;
E. A mortgagee or vendee in possession;
F. A receiver, executor, administrator or trustee;
G. Lessee and lessor; or
H. Any other person, firm, partnership, corporation or entity exercising
control over the property.
SOLID WASTE: Any waste that is putrescible, nonputrescible, combustible or
noncombustible, including, but not limited to, trash, garbage, material resulting
from the handling, processing, storage, preparation, serving and consumption of
food, vegetable or animal matter, offal, rubbish, ashes, incinerator residue, street
cleanings, construction debris and solid industrial waste.
YARD WASTE: The accumulation of grass, leaves, tree trimmings under three
inches (3") in diameter, brush and garden residue, which accumulation is
screened from the street view, is located in a confined area, is no taller than four
feet (4') high and no larger than seventy five (75) square feet in area, is located
more than twenty feet (20') from any habitable structure on adjoining property, at
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least three feet (3') from a property boundary line, is located more than five feet
(5') from any wood structure, excluding fences and compost containers, is not
located in a natural drainageway, is not located in the area between any building
and the street right of way, is collected for reuse as a soil amendment, and is
maintained free of noxious odors.
Section 5. Section 8-5-3 of the City of Dubuque Code of Ordinances is amended
to read as follows:
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than
subsection 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such
single-family houses at any one time.
b. In the sale of any single-family house, the private individual owner
does not reside in, nor is the most recent resident of such house prior to
such sale; the exemption granted by this subsection shall apply to only
one such sale within a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in,
nor is there owned or reserved on the owner's behalf, under express of
voluntary agreement, title to, or any right to all or a portion of the proceeds
from the sale or rental of more than three (3) such single-family houses at
one time.
d. There is no utilization in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent,
salesperson, or of such facilities or services of any person in the business
of selling or renting dwellings, or of any employee or agent of any such
broker, agent, salesperson, or person.
e. There is no publication, posting, or mailing, after notice, of any
advertisement or written notice in violation of subsection 8-5-2C of this
chapter. Nothing in this subsection prohibits the utilization of attorneys,
escrow agents, abstractors, title companies, and other such professional
assistance as necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four (4) families living independently of
each other, if the owner actually maintains and occupies one of such living
quarters as his residence.
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B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a
person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as
principal in three (3) or more transactions involving the sale or rental of any
dwelling or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as
agent, other than in the sale of the person's own personal residence, in providing
sales or rental facilities or sales or rental services in two (2) or more transactions
involving the sale or rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a
religious organization, association, or society or any nonprofit institution or organization
operated, supervised, or controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental, or occupancy of dwellings which it
owns or operates for other than a commercial purpose to persons of the same religion,
or from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, sex, familial status, national origin, creed, age,
disability, sexual orientation, or gender identity. Nor shall anything in this chapter
prohibit a private club not in fact open to the public, which as an incident to its primary
purpose or purposes provides lodging which it owns or operates for other occupancy of
such lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this
code regarding the maximum number of occupants permitted to occupy a
dwelling. Nor does any provision in this chapter regarding familial status or age
apply with respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary
determines is specifically designed and operated to assist elderly persons,
as defined in the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years
of age or older.
c. Intended and operated for occupancy by at least one person fifty
five (55) years of age or older per unit. In determining whether housing
qualifies as housing for older persons under this subsection, the
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commission shall develop regulations which require at least the following
factors:
(1) That at least eighty percent (80%) of the units are occupied
by at least one person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures
which demonstrate an intent by the owner or manager to provide
housing for persons fifty five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older
persons by reason of:
a. Persons residing in such housing as of the date of enactment of
this chapter who do not meet the age requirements of subsection D2b or
D2c of this section; provided, that new occupants of such housing meet
the age requirements of subsection D2b or D2c of this section.
b. Unoccupied units; provided, that such units are reserved for
occupancy by persons who meet the age requirements of subsection D2b
or D2c of this section.
4. Nothing in this chapter prohibits conduct against a person because such
person has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in the controlled
substances act (21 USC 802) or a violation of the controlled substances chapter
of the Iowa Code'.
Section 6. Section 14-2-6 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit
for use of public property shall not be transferable from one building or building site to
another building or buildingsite nor from one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by
the city manager. The mover shall coordinate the route with the utility companies.
2. A police escort shall be required for all buildings moved from one location
to another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
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opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and
vehicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of
a permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and
replacement of natural obstructions or official signs and signals or other public or
private property required to be removed during the movement of a vehicle and
load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or
structure is so constructed or in such condition as to be dangerous or unsafe or if
it is infested with pests, is unfit for human habitation or if it is so deteriorated,
dilapidated or defective that relocation would or could create a safety or health
hazard, or cause a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the
city shall comply with all ordinances and regulations applicable to new buildings
or structures, including, but not limited to, building, electrical, mechanical,
plumbing, fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply
with the uniform code for building conservation and title 14, chapter 1 of this
code.
4. All nonresidential buildings or structures relocated within the city shall
comply with all ordinances and regulations applicable to new buildings or
structures, including, but not limited to, building, electrical, mechanical, plumbing,
fire, health and zoning regulations.
5. All moved buildings or structures shall be completely enclosed within thirty
(30) days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the building or
structure made ready for occupancy or use within one hundred twenty (120) days
from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a
building, structure, or portion of a building in the process of being demolished
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shall be cleaned up and removed from the premises at least once weekly except
for streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demolished
shall include the thorough removal of all wood, debris and organic materials,
filling of excavations, cisterns and other depressions with acceptable rubble or
earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform
natural grade consistent with the established adjacent grades.
2. When directed by the city manager, water shall be used to minimize dust
when demolishing structures or under any dust producing conditions. As ordered
by the city manager, buildings shall be washed down frequently to keep dust at a
minimum.
3. When an interior wall is exposed because of demolition of an adjoining
structure, said wall shall be provided with a weather resistive barrier as required
in the Dubuque building code. No such wall shall be exposed to the weather
without the written approval of the city manager.
4. When a demolition project has been abandoned or is found to be unsafe,
the city manager may order the unsafe conditions corrected, the building boarded
up and the premises barricaded. Upon failure of the owner or the owner's agent
to comply with the order of the city manager within seven (7) days, the city
manager, after notice and opportunity for hearing, may cause said building or
structure to be demolished, the premises cleaned and suitable drainage grades
established. The cost of such demolition, cleaning and grading shall be assessed
to the property as provided by law. This section shall also apply to any site from
which a building or structure has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be shut
off and all such lines cut or disconnected at or outside the moving or demolition area
before work is started on the site. Prior to the disconnection of such lines, the permittee
or property owner shall notify the utility company and the city manager and shall obtain
their approval in compliance with applicable codes and requirements. Exception: If it is
necessary to maintain electrical service during the process of moving or demolition,
such service shall be temporarily relocated or protected with substantial covering to the
satisfaction of the electric service company and the city manager, and said relocation
shall be in conformance with applicable codes and requirements. All gas, water, sewer
and other service lines shall be shut off and capped or otherwise controlled at or outside
of the moving or demolition area or curb line before moving or demolition work is
commenced. In each case, the service company and the city manager shall be notified
in advance and their approval obtained by the permittee or property owner in
compliance with applicable codes and requirements. Exception: If it is necessary to
maintain any water or other lines during the moving or demolition process, such lines
shall be temporarily relocated or protected with substantial covering to the satisfaction
of the utility companies, city manager and in conformance with applicable codes and
requirements.
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Section 7. Section 14-3-1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-3-1: PURPOSE AND SCOPE:
A. It is the purpose of this chapter to provide a just, equitable and practicable
method to be cumulative with and in addition to any other remedy provided by the
building code, property maintenance code or otherwise available at law, whereby
buildings or structures which from any cause endanger the life, limb, health, morals,
property, safety or welfare of the general public or their occupants may be required to
be repaired, vacated or demolished.
B. The provisions of this chapter shall apply to all dangerous buildings, as herein
defined, which are now in existence or which may hereafter become dangerous in the
city.
C. All buildings or structures which are required to be repaired under the provisions
of this chapter shall be subject to the provisions of the building code.
Section 8. Section 14-3-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-3-2: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenance code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used.
BUILDING CODE: The international building code promulgated by the International
Code Council, Inc., as adopted in section 14-1A-1 of this title.
DANGEROUS BUILDING: For the purpose of this chapter, any building or structure
which has any or all of the conditions or defects hereinafter described shall be deemed
to be a dangerous building; provided, that such conditions or defects exist to the extent
that the life, health, property or safety of the public or its occupants are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide
safe and adequate means of exit in case of fire or panic.
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C. Whenever the stress in any materials, member or portion thereof, due to
all dead and live Toads, is more than one and one-half (11/2) times the working
stress or stresses allowed in the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the building code for new buildings of similar
structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons dr
damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half (1/2) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or structure, or any portion thereof, because of: 1)
dilapidation, deterioration or decay; 2) faulty construction; 3) the removal,
movement or instability of any portion of the ground necessary for the purpose of
supporting such building; 4) the deterioration, decay or inadequacy of its
foundation; or 5) any other cause, is likely to partially or completely collapse.
Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its
nonsupporting members, enclosings or outside walls or coverings.
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L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to
such building or structure provided by the building regulations of this city, as
specified in the building code or property maintenance code, or of any law or
ordinance of this state or city relating to the condition, location or structure of
buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength, 2) fire
resisting qualities or characteristics, or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code,
as adopted in Title 14, Chapter 1, Article J of this code.
Section 9. Section 14-4-1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
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14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenance code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used. Unless otherwise
expressly stated or unless the context clearly indicates a different intent, the following
terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer which meets one or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is noncompliant with the international property maintenance code
as adopted by the city.
BUILDING CODE: The international building code promulgated by the
International Code Council, as adopted in section 14-1A-1 of this title.
CITY MANAGER: Includes the city manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the
conditions or defects hereinafter described; provided, that such conditions or
defects exist to the extent that the life, health, property or safety of the public or
the occupants of the building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to provide
safe and adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is warped, worn, loose, torn or otherwise unsafe as
to not provide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof,
due to all dead and live Toads, is more than one and one -haft (11/2) times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire,
earthquake, wind, flood or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than it was before
13
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to be
capable of resisting a wind pressure of one-half (1/2) of that specified in the
building code for new buildings of similar structure, purpose or location
without exceeding the working stresses permitted in the building code for
such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions have
materially less resistance to winds or earthquakes than is required in the
case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is likely
to partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation,
shows thirty three percent (33%) or more damage or deterioration of its
supporting member or members, or fifty percent (50%) damage or
deterioration of its nonsupporting members, enclosings or outside walls or
coverings.
L. Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or deteriorated as
to become: 1) an attractive nuisance to children; 2) a harbor for vagrants
or criminals; or as to 3) enable persons to resort thereto for the purpose of
committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this city, as specified in the building code or property
maintenance code, or of any law or ordinance of this state or city relating
to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than fifty percent (50%), or in
any supporting part, member or portion Tess than sixty six percent (66%)
of the: 1) strength; 2) fire resisting qualities or characteristics; or 3)
weather resisting qualities or characteristics required by law in the case of
a newly constructed building of Tike area, height and occupancy in the
same location.
0. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light, air
or sanitation facilities, or otherwise, is determined by the health officer to
be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty electric wiring, gas connections
or heating apparatus, or other cause, is determined by the fire marshal to
be a fire hazard.
Q. Whenever any building or structure is in such condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
R. Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six (6)
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this
title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity
jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons
whether in a building, on the premises of a building, or upon an
unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public
health, welfare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise
constitutes a hazard by reason of inadequate maintenance, dilapidation or
obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the
city manager.
F. Whatever renders air, food or drink unwholesome or detrimental to
the health of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance
code, as adopted in Title 14, Chapter 1, Article J of this code.
VACANT BUILDING: Any building or portion thereof which has been unoccupied
for a continuous period of time over twelve (12) months and which meets one or
more of the following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the
building;
C. Declared a "dangerous building' as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health or zoning code violations;
16
G. Open to vagrants, vandals, children or the unwary; or
H. Not receiving service by public utilities.
Section 10. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 20th day of J}ne, 2016.
Roy D. B6ol, Igor
Attest:
Kevin Firnstahl, CitClerk
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 $386.36.
L
Subscribed to before a Notary Public in and for Dubuque County, Iowa,
this ego day of , 20 /6 .
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
Commleelon Number 104885
My Comm, exp, FEt1, 1, 2017
•OFFICIAL
PUBLICATION
ORDINANCE N0; 31-16
•.=AMENDING'CITY OF
DUBUQUE `CODE "OF
ORDINANCES:
• TITLE 2 BOARDS
AND COMMISSIONS,
CHAPTER 5"HOUSING
'AGENCY MUNITAND ;COM -
Y DEVELOP-
MENT. COMMIS-
SIONS; < ARTICLE B.
HOUSING COMMIS-
SION, SECTION 2-5B 2
PURPOSE,
'• TITLE 2 BOARDS
AND COMMISSIONS,
CHAPTER 5•HOUSING
AGENCY AND COM-
MUNITY DEVELOP-
MENT COMMIS=
SIGNS, ARTICLE .B
HOUSING COMMIS-
SION, SECTION 2 -5B -
L5
2 5B-15 MONITOR -HOUS-
ING PROGRAM;,CON-,
DUCT "HEARINGS; ON
GRIEVANCES,`'
TITLE 3• REVENUE
AHD , TAXATION,
CHAPTER'4 ECONOM-
IC DEVELOPMENT;
ARTICLE . D ,RESIDEN-
TIAL RELOCATION
ASSISTANCE PRO-
GRAM,;i SECTION. ;3-
PROCEDURE
FOR, .HEARING AP-
PEAL;
LT
• TITLE 6 HEAH,
HOUSING, 'SANITA-
TION AND ENVIRON-
MENT, ` CHAPTER-., 4
NUISANCES,:SECTION
6`4-2 DEFINITIONS;, .
•"TITLE '8" HUMAN
RIGHTS, CHAPTER -.5
FAIR, HOUSING,:SEC-
TION „8-5.3 EXEMP-
TIONS; '
• TITLE 14 BUILDING
AND DEVELOPMENT,
CHAPTER 2 BUILDING
C0NSTRUCTI`O"N,
DEMOLITION AND
MOVING, -" SECTION
14-2-6 SPECIAL; PRO.-
VISIONS; r' •
• TITLE 14 -BUILDING
AND' DEVELOPMENT,
CHAPTER 3'DANGER-
OS 'BUILDINGS, SEC-
TION 14-34. PUR-
POSE; •
• TITLE 14 BUILDING
AND DEVELOPMENT,
CHAPTER 3 DANGER-
OUS
ANGEROUS' BUILDINGS, SEC-
TION 14-3-2 DEFINI-
TIONS; AND
• TITLE 14`BUILDING
'AND DEVELOPMENT;
CHAPTER 4-,i.ICENS-
ING OF !VACANT-
AND/OR-ABANDONED.
VACANT
BND/OR AB NDONED
IfILbiNGS E'CTION "
er' with any material
facts claimed 'tosup-
port the contentions of
the person appealing.
3. A brief statement in
ordinary and concise
language of the .relief
sought, 'and ; the rea-
sons why, it is ,claimed
the protested decision
should be reversedor
modified.
4. The signatures of
all parties named'. as
persons appealing, and.
their official mailing
addresses. •
B. Notice Of Hearing:
Upon receipt of any no-
tice of appeal filed pur-
suant to this section,
the city manager shall
forward the notice : of
appeal to the chairper-
son of the appeals
board. As soon as prac-
t cable after receiving
the 'notice of appeal;
the chairperson of the
appeals board shall fix
a date, time and place
fir hearing-'the'appeal.
Such dateshall hot be .
less than -thirty • (30)
days nor more than
sixty: (60) days from
the date the notice of
appeal was received' by
the city 'manager un-
lessthe person appeal-
ing agrees to an earlier
adjudication of the ap-
peal. Written notice of
the time and place of
the hearing shall •• be
given by the city'man-
ager at least ten (10)
days prior t1 the date
of the hearing to each
person appealing "ei-
ther by causing a copy
of such notice to be
personally -delivered to
the person appealing
or by mailing a copy
thereof to theaddress
of the person 'appeal
ing shown` on the ap-
peal
C. Waiver: Failure of
any 'person. to file an
appeal 'in °accordance
with the ,provisions of
this section shall'con-
stitute a waiver of such
person's. "Fright to a
hearing.' •
D. Hearing Appeals:
The conduct of hearing
appeals filed with the
appealsboard shall be
governed by `.title '<2,
chapter 1 of this code. •
E. Appeals Board' Re-
lief: The appeals board
mayreverse, modify or
sustain. the decision
appealed from.
Section 4. Section 6-4-
2 of the City of ,Dubu-
que Code. of, Ordinan-
ces is amended to read
as follows:' .
6-4-2: DEFINITIONS:
As used in this chap=
ter, the following defi-
nitions shall apply:
ABANDONED BUILD-
ING: Any building or
portion thereof which
has stood with an 'in-
complete exterior shell .,
for •longer than one
year, or any building or
portion thereof which
is unoccupied . • and
which meets one or
more of the following
criteria:
A. Is unsecured; or .'
B. Is in violation of the
city of Dubuque prop-
erty s maintenance
code, building •code;;or
B. An assignee or col-
lector of rents;
C. A contract seller or
contract purchaser;
D. The holder of a
deed to the property;
E. A mortgagee or
vendee in possession;
F. A receiver, execu-
tor, administratoror
trustee;
G. Lessee and lessor;
or
H. Any other person,
firm, partnership, corp
poration or entity exer-
cising control over the,
property.
SOLID WASTE: Any
waste that is putre-
scible, nonputrescible,
combustible or - non-
combustible, including,
but .not .limited to,
trash, garbage,materi-
al resulting' from the
handling; processing
storage, preparation;
serving and consump-
tion of food, vegetable
or animal matter, offal,
rubbish ashes, inciner-
ator residue, ` street
cleanings, construction
debris and solid indus-
trial waste.
YARD WASTE: The ac
cumulation ' of grass,
leaves,- tree trimmings
under three inches (3")
in diameter, brush and
garden residue, which
accumulation,. is
screened from ' the
street view,` is Iodated
in a? confined area, ; is
no taller than four feet
(4') high and ,no larger
thanseventy, five (7,5)
square feet in area, is
located " more than
twenty feet (20') from
any habitable structure
on adjoining property,
at least ,three feet (3')
from ,a property boun-
dary: - line is;located
more -than five feet (5')•
from ;',any"wood strud-
ture,°excluding fences,
and .compost contain;
ers,:is not, located in:a
natural drainageway, is
not located in the area
between any building
and.the street right of
way, is collected for re-
use as a soil amend-
ment and ismain-
tained free of noxious
odors.
Section 5. Section 8-5-
3 of the: City of Dubu-
que Code of :O'rdinan
ces is amended to read
as follows:
8-5-3: EXEMPTIONS:
A. Exerpptions Enum-
erated Nothing in sec-
tion 8-5-2 of this chap-
ter, other than subsec-
tion 8-5-2C of this
chapter, shall apply to:
1. Any single-family.
house sold or rented by
an owner; provided,
that:
a. The private individ-
ual owner does not
ownmore than three
(3) such single-family
houses at, any one
time.
b. In the sale of any
single-family house,'
the private individual
owner does, not reside
in, nor is the most re-
cent resident' `of such
house prior to such
sale;, the exemption
granted by this ;subsec-
tion .shall apply to only
one,such, sale .withip.:a
C. Religious Or Ndn-
profit • ;:Organizations:
Nothing in this chapter
shall, prohibit a 'reli-
gious organization, as-
sociation, or society or
any nonprofit institu-
tion or organization op-
erated, supervised,
p-erated„'supervised, or
controlled by or in con-
junction :with a reli-
gious organization, as-
sociation, or society,
from limiting the sale,
rental, or`occupaney of
dwellings which • it
owns or operates for
other -than a commer-
cial purpose to persons
of .the saine religion, or
from giving preference
to such persons, unless
membership ,in such
religion isrestricted on
account of race, color,
Sex, familial status, na-
tional origin, creed,
age, disability, sexual
orientation, or gender
identity.'Nor shall any-
thing in this chapter
prohibit a private club
not ,in `fact ' open to the
public, -which as 'an in-
cident to its' primary
purpose or purposes
provides lodging'which
it'owns or operates for
other occupancy of
such lodging to; its
members or :frdm giv-
ing preference to its
members.
D. Applicability Of
Housing Regulations;
Housing For Older Per-
sons:
1. Nothing in': -this
chapter' limits the ap-
plicability of title 14,
chapter a of this code
regarding” the maxi-
mum number of occu-
pants permitted to oc-
cupy a' dwelling. Nor
does any provision in
this chapter 'regarding
familial status or age
apply -with respect to
housing for older per-
sons '
2. As used in this sec-
tion, "housing for older
persons"- means hous-
ings .. -
a. Provided under any
state or federal' pro-
gram that the.secreta-
ry determinesis specif-
ically designed and op-
erated to assist elderly
persons, as defined in.
the state or federal
program.
b. Intended for, and
solely occupied by,
persons sixty two (62)
years of age or older.
c. Intended and oper-
ated for occupancy by
at least one person fif-
ty five (55)` years of
age or older per unit. In
determining whether
housing qualifies as
housing for older per-
sons under `.this sub-
section' the 'commis-
sion shall develop' reg-
ulations which require
at least' the folloWing
factors: '
(1) That at "least
eighty < percent (80%)
of the units are occu-
pied - by, at least one
person fifty five (55)
years of age or' older
per unit,
(2) The publication of
and adherence to poli-
cies and procedures
which demonstrate an
intent by the oWner,or.
move, a . building or
structure.
5. The permit appli-
cant shall pay all costs
for the trimming of
trees and replacement
of natural obstructions
or official signs and
signals or other public
or private property re-
quired to be removed
during the movement
of a vehicle and load.,
C. Restriction On Mov-
ing Permit:
Y1. No building ' or
structure shall be relo-
cated or moved if the
building or structure is
so constructed or in
such condition as to be
dangerous or unsafe: or
if it . is - infested with
pests, is unfit for hu-
man habitation or if it
is so deteriorated, di-
lapidated or defective
thatrelocation, would
or could create a safe
ty or health hazard, or
cause a blighted condi-
tion in the new neigh -
or oo
eighorhood. -'
2. All • buildings or
structures' when relo-
cated from outside of
the city into ;the city
shall comply with all
ordinances and regula-
tions
applicable to new
buildings or structures,
including, but not limit-
ed to; building electri-
cal,
•mechanical,
plumbing, fire, health
and zoning regulations.
3. All residential build-
ings or structures relo-
cated within the city
shall comply with' the
uniform codefor build
ing conservation and
title 14, chapter 1,of
this code.
4. All nonresidential
buildings or structures
relocated' within the
city shall comply with
all ordinances and reg
ulationS applicable to
new buildings or struc-
tures, including, but
not limited to, building,
electrical, mechanical,
plumbing; fire, health
and zoning regulations.
5.'All moved buildings
or structures shall be
completely enclosed
Within thirty (30) days
after said . building` or
structure is placed on
its new site. All re-
quired changes, , :im-
provements and
m-provements;and. rhodi-
• fications shall be com-
pleted and the building
or structure made
ready for occupancy or
use within one hundred
twenty (120) days from
the time the building
permit is issued.
D, Demolition Of
Buildings:
1. All pieces, parts,
scraps, debris, rubbish
and organic material
from' a' building, struc-
ture, or portion of a
building in the process
of being demolished
shall be cleaned up and
removed from the
premises at least once
weekly except for
streets and public
property, which shall
be cleaned daily unless
otherwise specified on
the permit. Final clean-
up after the building or
structure is demolish-
ed •shall.:,inolude ,brie
isd 3,`
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se3s�:®W 18 e
Legal No ices
i`rattached o� fas For�the purpose of rioration7 Y of its H Not receiving sery
enedIn place,so as,to this chapter certain nonsupporting mem Ice by public utilities.
eucapable of;resimg phras! w
st<, terms `es'ords* bers`enclosings or out Section 10 This Ordi
tema"
porarily relocated wrnnd pressi re of oneti ,a and their derivatives side wails,or coverings Hance Lakes effect July
or protected with sub half(1/2) ofthatspeci- . shall be construed as , p L. Whenever the 1, 2016
stantial covering,to the fled. m Elie', buildmg , specified In either this fbulldmg, oT ,structure Passed,`i approved,
satisfaction of the el.ec code for new buildings -i, chapter or as specified ;has been so, damaged .and radopted the 20th
• tris• service. company of similar structure m the buildmg code or by fire, wind, earth= day of June, 2016.'
and the 'city'-„Manager„..purpose; • or location the property mainte- ,. quake or•fl000 or has/s/Roy D.,BuoI, Mayor
and, said relocation without exceeding the•' Hance y; code Where _ 'become so dilapidated Attest /s/Kevin
shall be in conform working stresses per . terms are not .defined . or deteriorated as to Firnstahl City Clerk
anco with applicable miftetl in thee; building they -shall have their, ` become:"1) an- attrac Published officially in,
codes • and "' requi're code for such bwid ordinary accepted tive nuisance to ch'il the Telegraph Herald
ments All'; gas, wafer mgs meanings, within the ,dren 2) a; harbor, for newspaper on the 24th
sewer, and' othersery G Wheneverany por',' context, in ,,which they, :vagrants ;or criminals day'ofiune 2016
ice .lines shall be shut tion; thereof has are used..Unless:other- or as to 3);�enable'per /s/Kevin S. Firnstahl;
•
off and capped or oth- wracked warped,; wise expressly. stated .sons .to resor€;thereto City Clerk •
. erwise controlled at or buckled •'or settled `to or unless -the context forthe;purposeofcom a„1-16/24
outside of the moving such ..an extent that; clearly; indicates `a dif mitting`unlawfulacts. .
..or demolition area-or•o
;,or walls ther structur ferent intent -,the fol M. Whenever any -
curb Jme:' before mov- al"portions have mates lowing terms shall, for; building or- ;structure
• ing or demolition work rially less, resistance to;; the'. purpose, of this has' been constructed,:
is commenced. in each winds or ,earthquakes`: chapter,,. have the fol- exists or3is',maintained;
date;;',the service corn'than' is required"in the lowing meanings: ingviolation of anyspe-
parry and'the city man case of similar new ABANDONED BUILD cfJc requirement' or
agershallbenotifiedin construction.,; ING: Any building or "prohibition applicable
•
advance antl their ap, H Whenever the::. portion"`thereof which ao sucli.,.bwlding "or'
proVar obtained- ,by"the . building ,or structure - has stood; with -an m- structure provided by
permittee; or propertyor, any portion thereof,' complete" exterior shell the building regula-
owner in: compliance because.of:1) dilapida-' for six; (6): months or. tions-: of this city, as;
with applicable codes tion,- deterioration or longer which meets specified- in the,
and-. requirements.;Ex decay 2)'.faulty con one, o"r more of;the fol- i:ng code.; or property
ception: If itis neces struction 3). the re lowing;enteria maintenance code, ':or
sar'y to, `maintain' any : moval, movement or, A: Is'unsecured; of any'lawor ordinance
water or other .lines• instability of ?any por- ; B Is unoccupied; or of this state or city re
during the moving or tion oflhe'ground.nee C is noncompliant• . lating to the condition,
.denidlition:process, essary for the purpose; with the international location or'strfrcture'of+
such lines shall be tem of 'supporting such property maintenance- 'buildings. •
porarily relocated ;''or building 4) the deter +code as'adopted'by the `N, Whenever any
protected with sub oration decay', or road "' city. building or ,structure.:
stantial,covering`to the equacy of its" founda BUILDING CODE The which, whether or • not
satisfaction of the utili- tion; or 5) any other international building - erected, in' accordance:
ty companies, `city cause, is likely to parti-code promulgated by - with all applicable laws
•
manager and in con-• ally or completely col'. the International"Code and ordinances, has in
formancewith applica,' lapse Council;; as adopted.in` any nonsupporting•
ble codes sand require . 1.Whenever, for any, section i14 -1A-1 of this - •part 'member or por
•ments reason the building or title. tion less than fifty, per
Section,4' Section 14 -structure orany por CITY, MANAGER In cent (50%), or. in.any.`.
3-1• of the% City ofDubu- tion thereof, is mini -.r ciudesthecitymanag-` supporting part, mem;'_
que Code ,of Ordinan- rfestly unsafe for ;the ` er's designee. ber;or portion less than
ces is amendedto read purpose for which It is.` DANGEROUS BUILD sixty six percent (66%)
as follows' being used ING:, Any building or. . of the '1) strength,' 2)
14 3 1 PURPOSE'AND J 'Wheneverthe exte structure which` ' has:. fire resisting qualities
SCOPE.. " riot walls or other ver any or all of,the'condi- orcharactenstics or'3)
°'A. It.isthe purpose; of tical{ structural mem ;;;. tions or'defects herein weatherresisting.qual
this chapter to provide bets: list lean'or buckle ;, after : described;;= pro - ' iities or characteristics
a lust 'equitable ;;and -to; such an extent that , uided; :that -such condi •required byelaw in tiie
practicable method'to a plumb lines passing.:;: tions or defects exist to ease of a newly co'n ,
be cumulative with.and through the center of..; the extent thatthe life 5tructed :budding of,.
• inaddition,'to anyother 'gravity does -not fall in " health, - property -or' like `area, 'height and'
' remedy provided `by side the middle one' safety of the public.or occupancy,in the same•
the building code, third (1/3)ofthe base. the occupantof the location.
property maintenance K Whenever the' building are endan 0 .Whenever, a build
code or otherwise building'\or' structure gered:„ ing or,structure, used
available • at law, ' exclusive"of the four:. A.. ',Whenever ,any :o'r mtendedito•be used'
whereby buildings:;:or dation shows thirty door 'aisle, passage- for dwelling purposes,
tructures;which from three percenty;(33%) or -,way, stairway or other. ,,because of Inadequate.
any cause endanger more damage, or dete means of exit is'not of maintenance ddapida .
•the life,. limb,' health rioration of itssupport- `sufficient width •or size tion decay damage
morals property, safe ing;'; member'"or mm
e- -orisnotsoarrangedas rfaulty;constructionior
ty or welfare of otic bets; or "fifty' percent, to provide safe and ad arrangement made=
general public or itheir (50%) damage or dete-:= equate means of exit In quate light,?air or'sani-
o,ccupants' may -be re- rioration .of its non-= case of fire organic tation facilities, or othr
quired to..be repaired, supporting, .members, 6. Whenever the erwise is ,determined
vacated,orademolished: enclosings or outside' walking surfaceof any by the health, officer tor.:
B The .provisions:, of walls orcoverings aisle, passageway 'b'e unsanitary unfit for,,:
this chaptershall apply t Whenever the stairway or :'other 'human ha6'itation.or'in `
to all dangerous build `building or structure" means;of exit is warp such a conditionthat is: `i
ings, as, herein defined, has-been so idamaged` `ed,worn loose, torn or likely to cause sickness•;;
which are; now In; exis "by „fire wind earth° otherwise unsafe' as to- . or disease.;;
tense or ;;which ;may • quake or. flood or,ha's not. provide safe and , P Whenever any,
hereafter become don- become so dilapidated : adequate means of exit building , or structure,
gerous in the city or ,deteriorated as to in' case of fire or panic because::of' obsoles-
C. All buildings !or become 1ac
) an_attr-; C. ;Whenever thea cence dilapidated
structures` which :are. tive,: nuisance- to chit= stress in any materials ' dition deterioration,
requiredto be repaired ".dren' 2) a harbor for; member or -portion damage inadequate
under the provisions, of vagrants or criminals thereof, due toall.dead exits lack .ofsufflcient=:
this chapter shall :be oras to 3),enable per ;-, and live loads, is more fire resistive construe,-;
subject to; the prove= . sons to resort thereto:; •than, one and one half tion, faultyelectric wir
Bions of •`the `building for -the purpose of coin (11/2), times thework king, -gas connectionsorc'.
code ' `' miffing unlawful acts in'g stress =or stresses heating apparatus, or
.Section 8. Section 14 M. Whenever . any allowed in the building' other .cause is deter
3-2 of the City of:Dubu' -,building or : tructure code for` new buildings mined by'the fire mar
que Code' of O'rdinan- has been. constructed,::, of similar- :structure,;::shal to be afire hazard.
ces is amended to read exists or is maintained',' urpose por location Q Whenever any.,;
as follows: m violation"of.;any spe i D. Whenever any por buliding orstructure'is.
14 3 2 -DEFINITIONS crfic requirement or tion thereof has been in such condition alto
•
/ For the- purpose of prohibition applicable , damaged by 3; fire constitute a public Hui ;
f this chapter ' certain to such building or earthquake N wind'F- s,`ance known to the
terms, phrases words structures?provided tby i flood or byF'any ;other common law or in equi
and their denvatives the = building; regula cause 'tto such a'n ex tylurisprudence
shall be construed aS.V.tionS of this" city as tent that the structural R Whenever any por-
spec ied in either this specified m the build strength or stability tion of a 'building or
specified in cotle or�',propertyy thereof::� iso maternally fructose remains on4a
d `(d Nf�ALJ 7 i"A
the property mainte " ofany law,or ordinance, : such,' catastrophe and tion or estruction; of
Hance -code. Where of `tills state, or city re is less than the;„,mini ' ';'the building or struc
terms are- not defined lating to the condition mum .requirements of tore or whenever any
they shall, have their, location or structure of the buildmg code for building or
ordinary acceptetl buildings ,u i 4 new bwidings of imii abantloned for a,period.
meaningss, within the , N ir,Whenever : any lar structure purpose 4ln excess of six
\context' inSwhich they building. or;.strutture orlocation months'solastoconsti
aye usetl which whether or not E Whenever any por Lute such` building or
BUILDING CODE The erected In accordance:i tion or memberor ap portion thereof 'an at-
international bwid ng rwitli;all applicable laws.,i purtenance thereof is. .tractive nr
uisance'. "o,
code- promulgated >by and: ordinances 'has In likely to fail orrto be hazard to the public.
the International Code any nonsupporting come detached or ills, AFIRE CODE Interna
Council Inc as adopt r part, member+,or' port lodged 'or to colla se, tr.onal fire: code as
ed insertion 141A` --of .tion',less than fftyj er1 and thereby injure per adopted}by chapter l
this title „ ' cent' (5056) �,or�tin any sons or. damage prop article E of this title
DANGEROUS' BUILD supporting part mem erty ; NUISANCE Each ;;of
ING: Forthe purpose of• b'er'or portion less than' F: Whenever anypor file following shall_ e:'
this :chapter any build sixty six percent (66%) f tion of a bullding or; defined'
ing or structure which of the 1) strength 2) ;.,any member, appurte since `
has any' or all of,:`the fire `-resisting qualities , Hance :or ornarri,'enta . A. Any !public Hui•
-
conditiohs;' or defects, or:claracteristics or3),: tion on' the' exterior Bance known ".at coin
hereinafter; described weather resisting qual �,1 thereof ,i5 not ofisuffi mon law or In equity,';;
shall be,deemed dobe Ities!:or characteristics:', dent"strength or stabil jurisprudence '
a dangerous 'building required b' .law'in the ;7 rty or is not so:anch B •.Anyattractive
provided ;'that such case- of a newly con `orad; attached o'r fas sancewhich may, prove q
conditions ;. or defects structed burbling of tened;in 'place SO'as to : detrimental'to persons
exist to the extent -that like l°`area hei;'ght and >- ;be capable`'of resisting "whether in'`a'buildin'g;
'the life, health,- proper- occupancy in''the same r a wind pressure.ofone- on the premises of a'
ty or safety of the'pub- location half (1%2) ofthat'speci- building, or. upon an'.
lic.or its occupants are O. Whenever.a build- 'ied 'in; the building' unoccupied; lot.
endangered ing.-or-structure, used .code for new --buildings .C.:,Whatever is dan
Whenever-• "any or intended to be used of similar structure, •gerous to humanlife;or
door aisle passage- for• dwelling `p:urposes, ,- •purposeor location 'y isa menace to the pub
way stairway or other ' because of inadequate without; exceeding the -lib• health;- welfare or
means of eidt ikOt ofmaintenance • dilapida working; stresses'l per safety -. as.'determined`
sufficient width 'or size tion; decay 'damage miffed , in the, bu'iltlmg ,by the citymanager
or Is not SO:arranged as faulty` construction or* .code. for such. build D A,building •that<ls,
to provide safe and ad= arrangement inade- ings. '. - . structurally unsafe vn-
equate means of exit in quate light air orsani- G. Whenever anypor-• sanitary or;not provi_d,
case of fisc orpanic.-:` tation facilities or oth,; tion thereof has : -ed with adequate safe"",;
B Whenever the erwise is..determined wracked; warped` egress or that.constr
walking„surface of any ” by the health''officer to buckled: or` settled to lutes a -fire hasard,; or,a
• a'isle passageway` be unsanitary;,• unfit for is such .'an extent,` that otherwise co'nstitute'sa
stairway - or other' human habitation or m :: walls or'otherstructur hazard b'y reason of in -
means of exit is warp such'a condition that is al portions have mate adequate mainte-
ed worn loose.torn or likely to causesickness Wally less resistance to; Hance dilapidation .,or
otherwise unsafe as'to or`disease wintls or earthquakes "obsolescence or aban- a
I.Vbenever • any; than is"requiredin the donment.•
adequate means of.exit .building or structure, case' of similar new E Uncleanliness to
in case offire or panic because of .obsoles- : -construction., the risk' of? unhealtl i;
C Whenever ,the cence dilapi,datedcon- H. _Whenever` the:.Hess, as`determined;by.;-
stress In any ,materials, clition - dete ioration, building' or structure; the citymanager.
member' or ,portion damage inadequate or any portion. thereof, .Whatever renders
thereof, dueto alldead exits; lack of sufficient ; is likely;to partially or ` air, food or drink un- `
antl live^loads,is more fire resistive construe , ' completely collapse\ wholesome or> detri-
than ,one and one half tion, faulty electric wir : because of .' mental to:the'health
(11/2) times the work ing gas connections or 1 Dilapidation deters human beings as de
ing stressor stresses heating r apparatus, st oration or decay termined by the city,;
allowed in,the building other cause is deter- 2 Faultyconstruction manager '- ?;
code for new bwfdings ':.reined by th`e fire mar--'- 3. The'removal,move i" PROPERTY"MAINTE- '
• of similar structure shaitobeatire-hazard.:' meet or instability of NANCE''CODE:.Thecity7
MeMDer or portion damage, inadequate
• thereof, due to all dead exits, lack of sufficient
and live loads,. is more fire resistive tonstruc-,
than one And one-half tion, faulty electric wit,
• (11/2) times thework-.. ing, gas connectionsor
ing ,stress or stresses heating,,'apparatus,',o)-
alloviied in the -building other cause, cleter-
code fdr new buildingS . mined by the lire mar -
of similar structure, shal to be a fire hazard.
purpoSe,or location. ' • Q. • Whenever any
D. Whenever any ppr- building .or structure is
tion thereof has been' in such condition as to
damaged by fire, constitute a public nui-
earthquake, sance knownto the
flood br by any other common law Or in equi, • ,
cause, to such an ex- ty jurisprudence:
tent that the' structural R. WherieVer ativbeft.--
strength or stability tion of a building or
thereof .is materially * structure remains oda
less than it was before site after the "demoli-
such • catastrophe and 'tion or destruction of
is less than the mini- the building ' or strut -
mum requirements ,of ture or whenever any
the building •code for building or structure is
• new buildings of simi- abandoned for a Period,
lar structilre, purpose in excess of six •(5)
or location. , . months so as to consti-
- E. Whenever any por- • tute such building! or
tion or member or ap- portion thereof an at-,
purtenance thereof is tractive nuisance or,
likely,to fail, or to be- hazard to the public.
• come detached or dis- , PROPERTY MAINTE-
lodged; or th collapse NANCE CODE: The city,
and thereby Miure per- ' of Dubuque property'
sons or -damage 'prop- •maintenance_ code, as
erty. ••-• adopted ; jri Title 14,
• F. VVheriever any por-` Chapter -i, 'Article 1 -of
tion of a building, or this code. " •
Any member, apdurte- - Section' 9. Section 14
dance' or ornampnte,; 4-'1 of the City,of
tion on the exterior que Code of Ordinan
thereof is not of 'suffi- ces is amended to read
cient strength or stabil- ,aS follows:
ity, orisnot so anch- DEFINITIONS:
or any portion thereof,
is likely to partially or
completely collapse
because of:
' 1. Dilapidation, deteri-
oration or decay;
2. Faulty construction;
• 3. The remoVal, move-
ment or instability of
any, portion of the
ground necessary for
the , purpose of sup-
porting such building;
4. The deterioration,,
decay or inadequacy of
its foundatiom,or.
5. Ariftither catiSe;
1..Wberie9er; for any
reasen, the building or
structure, or any por-
tion thereof, is mani-
festly unsafe for the
purpose for, which it is
being used.
J. Whenever the eXte-
rior walls or other ver-
tical structural mem-
bers list, lean or buckle
to such an 'extent that
a' plumb line passing
through the center of
•gravity does not fall in-
side the Middle- one-
third (1/3) of the base.
K. Whenever the
blinding or. structure,-
,exclUsive of the foun-
dation, shows • thirty
three percent (33%),or
More damage` or, dete-
rioration of its supPort-
ing member
bers, •or fifty ,percent
(50%) damage or dete-
F. Whatever renders
air, food or drink un-
wholesome 'or detri-
mental to the health of
human beings, as de-
termined by the city
manager.
PROPERTY MAINTE-
NANCE CODE: The city
of Dubuque • property
maintenance code, as
adopted in •Title 14,
Chapter, 1, Article of
this code.
• VACANT BUILDING:
Any building or portion
'thereof which, has been
unoccupied for a con-
tinuoU' peried of time
over twelve • (12)
months and which
• meets one ,or more of
• the following criteria:
A. Unsecured;
B. Secured by means
other than -those used
in the design' of ,the
building; •
C. Declared a "dan-
gerous building" as de-
fined in this section;,
D. Unfit for occupancy
as -determined by tbe
• City manager:'• •
E. Noncompliant With
the international prop-
• erty maintenance
• code;
F. Has:housing, build=
ing;.fire, health or zon-
• ing codeviolation's; •
• G. Open to Vagrants,
vanclals,thildren or th• e
unwary; dr : •
EFFECT OF AMENDMENT
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis of
housing needs and the meeting of such needs, to recommend proposed projects in the
area of low and moderate income housing for the citizens of the city, to monitor the
city's housing programs, and to conduct grievances regarding the rental assistance
program, except in the area of property maintenancgho616 ag code enforcement.
2-513-15: MONITOR HOUSING PROGRAM, CONDUCT HEARINGS ON
GRIEVANCES
The commission monitors the city's housing program and conducts hearings on
grievances arising out of the operation of such program with the exception ofrp onertv
mainten2nLepGcode enforcement which IS handled by the housmgPBd2 appeals Formatted:Not Highlight
board.
3-4D-9: PROCEDURE FOR HEARING APPEAL:
A. Notice Of Appeal: Any person aggrieved or adversely affected by a decision of
the city manager under the ro ert maintenance code may apply t0 the ,- Formatted:Not Highlight
appeals board for review of such decision by filing a written notice of appeal with the city
manager within twenty (20) days of the date of the decision. The notice of appeal shall
include the following:
1. Name and address of person appealing.
2. A brief statement in ordinary and concise language of the decision
protested, together with any material facts claimed to support the contentions of
the person appealing.
3. A brief statement in ordinary and concise language of the relief sought,
and the reasons why it is claimed the protested decision should be reversed or
modified.
4. The signatures of all parties named as persons appealing, and their official
mailing addresses.
B. Notice Of Hearing: Upon receipt of any notice of appeal filed pursuant to this
section, the city manager shall forward the notice of appeal to the chairperson of the
appeals board. As soon as practicable after receiving the notice of appeal, the
chairperson of the appeals board shall fix a date, time and place for hearing the appeal.
Such date shall not be less than thirty (30) days nor more than sixty (60) days from the
date the notice of appeal was received by the city manager unless the person appealing
agrees to an earlier adjudication of the appeal. Written notice of the time and place of
the hearing shall be given by the city manager at least ten (10) days prior to the date of
the hearing to each person appealing either by causing a copy of such notice to be
personally delivered to the person appealing or by mailing a copy thereof to the address
of the person appealing shown on the appeal.
C. Waiver: Failure of any person to file an appeal in accordance with the provisions
of this section shall constitute a waiver of such person's right to a hearing.
D. Hearing Appeals: The conduct of hearing appeals filed with the appeals board
shall be governed by title 2, chapter 1 of this code.
E. Appeals Board Relief: The appeals board may reverse, modify or sustain the
decision appealed from.
6-4-2: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for longer than one year, or any building or portion
thereof which is unoccupied and which meets one or more of the following
criteria:
A. Is unsecured, or
B. Is in violation of the city of Dubuque uersagproperty maintenance
code, building code, or fire code.
CITY MANAGER: Includes the city manager's designee.
COMPOST PILE: A collection of yard waste and kitchen food wastes, but
specifically excluding bones, meat, fat, grease, oil, raw dog or cat manure, which
collection in nonmanufactured composting units is screened from the street view,
is located in a confined area, is no taller than five feet (5') high and no larger than
seventy five (75) square feet in area, is located more than twenty feet (20') from
any habitable structure on adjoining property and at least three feet (3') from a
property boundary line, is located more than five feet (5') from any wood
structure, excluding fences and compost containers, is not located in a natural
drainageway and is not located in the area between any building and the street
right of way and is collected for reuse as a soil amendment and is maintained
free of noxious odors.
DANGEROUS BUILDING OR STRUCTURE: Any building or structure defined in
this code as unsafe or dangerous.
HAZARDOUS WASTE: Those wastes defined in chapter 455B, code of Iowa, as
amended, and the Iowa administrative code, as amended.
JUNK OR SALVAGE MATERIAL: Any discarded or salvaged building material or
fixture, any obsolete or inoperable machinery and/or equipment or parts thereof,
any wood, metal, plastic or composite pieces remaining outside of a legal
structure for more than forty eight (48) hours.
NOXIOUS SUBSTANCES: Substances, solid or fluid, which are offensive,
detrimental to health, hurtful or dangerous, including, but not limited to, any dead
animal or portion thereof, and human or animal excrement.
OWNER: The record owner of real property, and any person having a property
interest in the property, including legal or equitable interests.
PROPERTY: Includes both real and personal property.
RESPONSIBLE PARTY: Any person having ownership, possession, or control of
real or personal property, including, but not limited to, any one or more of the
following:
A. An agent,
B. An assignee or collector of rents,
C. A contract seller or contract purchaser,
D. The holder of a deed to the property,
E. A mortgagee or vendee in possession,
F. A receiver, executor, administrator or trustee,
G. Lessee and lessor, or
H. Any other person, firm, partnership, corporation or entity exercising
control over the property.
SOLID WASTE: Any waste that is putrescible, nonputrescible, combustible or
noncombustible, including, but not limited to, trash, garbage, material resulting
from the handling, processing, storage, preparation, serving and consumption of
food, vegetable or animal matter, offal, rubbish, ashes, incinerator residue, street
cleanings, construction debris and solid industrial waste.
YARD WASTE: The accumulation of grass, leaves, tree trimmings under three
inches (3") in diameter, brush and garden residue, which accumulation is
screened from the street view, is located in a confined area, is no taller than four
feet (4) high and no larger than seventy five (75) square feet in area, is located
more than twenty feet (20') from any habitable structure on adjoining property, at
least three feet (3) from a property boundary line, is located more than five feet
(5') from any wood structure, excluding fences and compost containers, is not
located in a natural drainageway, is not located in the area between any building
and the street right of way, is collected for reuse as a soil amendment, and is
maintained free of noxious odors.
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than
subsection 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner, provided, that:
a. The private individual owner does not own more than three (3) such
single-family houses at any one time.
b. In the sale of any single-family house, the private individual owner
does not reside in, nor is the most recent resident of such house prior to
such sale; the exemption granted by this subsection shall apply to only
one such sale within a twenty four (24) month period.
C. The bona fide private individual owner does not own any interest in,
nor is there owned or reserved on the owner's behalf, under express of
voluntary agreement, title to, or any right to all or a portion of the proceeds
from the sale or rental of more than three (3) such single-family houses at
one time.
d. There is no utilization in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent,
salesperson, or of such facilities or services of any person in the business
of selling or renting dwellings, or of any employee or agent of any such
broker, agent, salesperson, or person.
e. There is no publication, posting, or mailing, after notice, of any
advertisement or written notice in violation of subsection 8-5-2C of this
chapter. Nothing in this subsection prohibits the utilization of attorneys,
escrow agents, abstractors, title companies, and other such professional
assistance as necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four (4) families living independently of
each other, if the owner actually maintains and occupies one of such living
quarters as his residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a
person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as
principal in three (3) or more transactions involving the sale or rental of any
dwelling or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as
agent, other than in the sale of the person's own personal residence, in providing
sales or rental facilities or sales or rental services in two (2) or more transactions
involving the sale or rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a
religious organization, association, or society or any nonprofit institution or organization
operated, supervised, or controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental, or occupancy of dwellings which it
owns or operates for other than a commercial purpose to persons of the same religion,
or from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, sex, familial status, national origin, creed, age,
disability, sexual orientation, or gender identity. Nor shall anything in this chapter
prohibit a private club not in fact open to the public, which as an incident to its primary
purpose or purposes provides lodging which it owns or operates for other occupancy of
such lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations, Housing For Older Persons:
1. Nothing in this chapter limits the applicability of ""6, itle 14.
chapter 1 of this code regarding the maximum number of occupants permitted to
occupy a dwelling. Nor does any provision in this chapter regarding familial
status or age apply with respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary
determines is specifically designed and operated to assist elderly persons,
as defined in the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years
of age or older.
C. Intended and operated for occupancy by at least one person fifty
five (55) years of age or older per unit. In determining whether housing
qualifies as housing for older persons under this subsection, the
commission shall develop regulations which require at least the following
factors:
(1) That at least eighty percent (80%) of the units are occupied
by at least one person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures
which demonstrate an intent by the owner or manager to provide
housing for persons fifty five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older
persons by reason of:
a. Persons residing in such housing as of the date of enactment of
this chapter who do not meet the age requirements of subsection D2b or
D2c of this section, provided, that new occupants of such housing meet
the age requirements of subsection D2b or D2c of this section.
b. Unoccupied units, provided, that such units are reserved for
occupancy by persons who meet the age requirements of subsection D2b
or D2c of this section.
4. Nothing in this chapter prohibits conduct against a person because such
person has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in the controlled
substances act (21 USC 802) or a violation of the controlled substances chapter
of the Iowa Code'.
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit
for use of public property shall not be transferable from one building or building site to
another building or building site nor from one person to another.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the permit by
the city manager. The mover shall coordinate the route with the utility companies.
2. A police escort shall be required for all buildings moved from one location
to another within the jurisdictional limits of the city, or moved out of or into the
jurisdictional limits of the city, utilizing public streets or alleys or when, in the
opinion of the chief of police, such escort is necessary to protect the general
welfare.
3. The chief of police shall determine the required number of personnel and
vehicles for escort service.
4. The fee established by the city manager shall be paid prior to issuance of
a permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees and
replacement of natural obstructions or official signs and signals or other public or
private property required to be removed during the movement of a vehicle and
load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building or
structure is so constructed or in such condition as to be dangerous or unsafe or if
it is infested with pests, is unfit for human habitation or if it is so deteriorated,
dilapidated or defective that relocation would or could create a safety or health
hazard, or cause a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city into the
city shall comply with all ordinances and regulations applicable to new buildings
or structures, including, but not limited to, building, electrical, mechanical,
plumbing, fire, health and zoning regulations.
3. All residential buildings or structures relocated within the city shall comply
with the uniform code for building conservation and title 14, chapter 1ttle
Ghapter 6 of this code.
4. All nonresidential buildings or structures relocated within the city shall
comply with all ordinances and regulations applicable to new buildings or
structures, including, but not limited to, building, electrical, mechanical, plumbing,
fire, health and zoning regulations.
5. All moved buildings or structures shall be completely enclosed within thirty
(30) days after said building or structure is placed on its new site. All required
changes, improvements and modifications shall be completed and the building or
structure made ready for occupancy or use within one hundred twenty (120) days
from the time the building permit is issued.
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from a
building, structure, or portion of a building in the process of being demolished
shall be cleaned up and removed from the premises at least once weekly except
for streets and public property, which shall be cleaned daily unless otherwise
specified on the permit. Final cleanup after the building or structure is demolished
shall include the thorough removal of all wood, debris and organic materials,
filling of excavations, cisterns and other depressions with acceptable rubble or
earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform
natural grade consistent with the established adjacent grades.
2. When directed by the city manager, water shall be used to minimize dust
when demolishing structures or under any dust producing conditions. As ordered
by the city manager, buildings shall be washed down frequently to keep dust at a
minimum.
3. When an interior wall is exposed because of demolition of an adjoining
structure, said wall shall be provided with a weather resistive barrier as required
in the Dubuque building code. No such wall shall be exposed to the weather
without the written approval of the city manager.
4. When a demolition project has been abandoned or is found to be unsafe,
the city manager may order the unsafe conditions corrected, the building boarded
up and the premises barricaded. Upon failure of the owner or the owner's agent
to comply with the order of the city manager within seven (7) days, the city
manager, after notice and opportunity for hearing, may cause said building or
structure to be demolished, the premises cleaned and suitable drainage grades
established. The cost of such demolition, cleaning and grading shall be assessed
to the property as provided by law. This section shall also apply to any site from
which a building or structure has been moved.
E. Disconnecting Utility Services: The power in all electric service lines shall be shut
off and all such lines cut or disconnected at or outside the moving or demolition area
before work is started on the site. Prior to the disconnection of such lines, the permittee
or property owner shall notify the utility company and the city manager and shall obtain
their approval in compliance with applicable codes and requirements. Exception: If it is
necessary to maintain electrical service during the process of moving or demolition,
such service shall be temporarily relocated or protected with substantial covering to the
satisfaction of the electric service company and the city manager, and said relocation
shall be in conformance with applicable codes and requirements. All gas, water, sewer
and other service lines shall be shut off and capped or otherwise controlled at or outside
of the moving or demolition area or curb line before moving or demolition work is
commenced. In each case, the service company and the city manager shall be notified
in advance and their approval obtained by the permittee or property owner in
compliance with applicable codes and requirements. Exception: If it is necessary to
maintain any water or other lines during the moving or demolition process, such lines
shall be temporarily relocated or protected with substantial covering to the satisfaction
of the utility companies, city manager and in conformance with applicable codes and
requirements.
14-3-1: PURPOSE AND SCOPE:
A. It is the purpose of this chapter to provide a just, equitable and practicable
method to be cumulative with and in addition to any other remedy provided by the
building code, 49u&w4gproperfy maintenance code or otherwise available at law,
whereby buildings or structures which from any cause endanger the life, limb, health,
morals, property, safety or welfare of the general public or their occupants may be
required to be repaired, vacated or demolished.
B. The provisions of this chapter shall apply to all dangerous buildings, as herein
defined, which are now in existence or which may hereafter become dangerous in the
city.
C. All buildings or structures which are required to be repaired under the provisions
of this chapter shall be subject to the provisions of the building code.
14-3-2: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenanceherasag code. Where terms are not defined, they shall have
their ordinary accepted meanings within the context in which they are used.
BUILDING CODE: The international building code promulgated by the International
Code Council, Inc., as adopted in section 14-1A-1 of this title.
DANGEROUS BUILDING: For the purpose of this chapter, any building or structure
which has any or all of the conditions or defects hereinafter described shall be deemed
to be a dangerous building; provided, that such conditions or defects exist to the extent
that the life, health, property or safety of the public or its occupants are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide
safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to
all dead and live loads, is more than one and one-half (1'/2) times the working
stress or stresses allowed in the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the building code for new buildings of similar
structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or
damage property.
F. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one-half ('/z) of that specified in the building code for new
buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
H. Whenever the building or structure, or any portion thereof, because of: 1)
dilapidation, deterioration or decay, 2) faulty construction, 3) the removal,
movement or instability of any portion of the ground necessary for the purpose of
supporting such building, 4) the deterioration, decay or inadequacy of its
foundation, or 5) any other cause, is likely to partially or completely collapse.
I. Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third ('/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33%) or more damage or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its
nonsupporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as
to 3) enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to
such building or structure provided by the building regulations of this city, as
specified in the building code or property maintenanC2hG61s}a9 code, or of any
law or ordinance of this state or city relating to the condition, location or structure
of buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent (66%) of the: 1) strength, 2) fire
resisting qualities or characteristics, or 3) weather resisting qualities or
characteristics required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
HOUSING CQDF= The G tY of 9611961961@ ini io r G d@Rt al hQ616l Ggd@ as adopted I p-rt AR
6 6 1 Bf th 6 6Bde-
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code._- - Formatted:Font:iz Pt
as adopted in Title 14, Chapter 1, Article J of this code.
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall
be construed as specified in either this chapter or as specified in the building code or
the property maintenancefierasag code. Where terms are not defined, they shall have
their ordinary accepted meanings within the context in which they are used. Unless
otherwise expressly stated or unless the context clearly indicates a different intent, the
following terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with
an incomplete exterior shell for six (6) months or longer which meets one or more
of the following criteria:
A. Is unsecured,
B. Is unoccupied, or
C. Is noncompliant with the international property maintenance code
as adopted by the city.
BUILDING CODE: The international building code promulgated by the
International Code Council, as adopted in section 14-1A-1 of this title.
CITY MANAGER: Includes the city manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the
conditions or defects hereinafter described, provided, that such conditions or
defects exist to the extent that the life, health, property or safety of the public or
the occupants of the building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to provide
safe and adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is warped, worn, loose, torn or otherwise unsafe as
to not provide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one and one-half (1'/2) times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire,
earthquake, wind, flood or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to be
capable of resisting a wind pressure of one-half('/z) of that specified in the
building code for new buildings of similar structure, purpose or location
without exceeding the working stresses permitted in the building code for
such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions have
materially less resistance to winds or earthquakes than is required in the
case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is likely
to partially or completely collapse because of:
1. Dilapidation, deterioration or decay,
2. Faulty construction,
3. The removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such building,
4. The deterioration, decay or inadequacy of its foundation, or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third ('/3) of the base.
K. Whenever the building or structure, exclusive of the foundation,
shows thirty three percent (33%) or more damage or deterioration of its
supporting member or members, or fifty percent (50%) damage or
deterioration of its nonsupporting members, enclosings or outside walls or
coverings.
L. Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or deteriorated as
to become: 1) an attractive nuisance to children, 2) a harbor for vagrants
or criminals; or as to 3) enable persons to resort thereto for the purpose of
committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this city, as specified in the building code orrn onertv
maintenancehous ag code, or of any law or ordinance of this state or city
relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than fifty percent (50%), or in
any supporting part, member or portion less than sixty six percent (66%)
of the: 1) strength, 2) fire resisting qualities or characteristics, or 3)
weather resisting qualities or characteristics required by law in the case of
a newly constructed building of like area, height and occupancy in the
same location.
O. Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light, air
or sanitation facilities, or otherwise, is determined by the health officer to
be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty electric wiring, gas connections
or heating apparatus, or other cause, is determined by the fire marshal to
be a fire hazard.
Q. Whenever any building or structure is in such condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
R. Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six (6)
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this
title.
NUISANCE: Each of the following shall be defined as a"nuisance":
A. Any public nuisance known at common law or in equity
jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons
whether in a building, on the premises of a building, or upon an
unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public
health, welfare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with
adequate safe egress, or that constitutes a fire hazard, or otherwise
constitutes a hazard by reason of inadequate maintenance, dilapidation or
obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the
city manager.
F. Whatever renders air, food or drink unwholesome or detrimental to
the health of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance_,,- Formatted:Font:12 Pt
code, as adopted in Title 14, Chapter 1, Article J of this code.
VACANT BUILDING: Any building or portion thereof which has been unoccupied
for a continuous period of time over twelve (12) months and which meets one or
more of the following criteria:
A. Unsecured,
B. Secured by means other than those used in the design of the
building,
C. Declared a"dangerous building" as defined in this section,
D. Unfit for occupancy as determined by the city manager,
E. Noncompliant with the international property maintenance code,
F. Has housing, building, fire, health or zoning code violations,
G. Open to vagrants, vandals, children or the unwary, or
H. Not receiving service by public utilities.