Code of Ordinances Amendment - Title 14 - References to Housing Code Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment Title 14 - References to
Housing Code
SUMMARY: City Manager recommending approval of an ordinance
which adjusts any references to the recently repealed Title
6, Chapter 6 of the City of Dubuque Code of Ordinances to
the updated and proper code.
ORDINANCE Amending Ordinance 30-16 Which repealed
Title 6, Chapter 6 of the City of Dubuque Code of
Ordinances and all other Ordinances or parts of Laws in
Conflict therewith; Adopted the 2015 Edition of the
International Property Maintenance Code, Regulating and
Governing the Conditions and Maintenance of all Property,
Buildings, and Structures; Provided the Standards for
Supplied Utilities and Facilities and Other Physical Things
and Conditions Essential to Ensure that Structures are
Safe, Sanitary and fit for Occupation and Use; and
Condemning Buildings and Structures Unfit for Human
Occupancy and Use, and the Demolition of Such Existing
Structure in the City of Dubuque; Provided for the Issuance
of Permits and Collection of Fees Therefor; and Adopted a
New Article within Title 14, Chapter 1 as Article J; by
adjusting the Notice of Violation Provision, adding
Definitions for Building Official and Code Official, and
modifying the Housing Board of Appeal Provisions to be
Consistent with the Provisions for Other Boards and
Commissions of the City
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
References to Housing Code-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
DUB E 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: October 10, 2016
The City of Dubuque adopted the International Property Maintenance Code and
repealed Title 6, Chapter 6, the former Housing Code.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.
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.
Z!A-A�,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
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: September 27, 2016
RE: References to Housing Code
The City of Dubuque adopted the International Property Maintenance Code (IPMC).
Ordinances 8-16 and 30-16 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.
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.
ORDINANCE NO. 52-16
AMENDING ORDINANCE 30-16 WHICH REPEALED TITLE 6, CHAPTER 6 OF THE
CITY OF DUBUQUE CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR
PARTS OF LAWS IN CONFLICT THEREWITH; ADOPTED THE 2015 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY,
BUILDINGS, AND STRUCTURES; PROVIDED THE STANDARDS FOR SUPPLIED
UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT
FOR OCCUPATION AND USE; AND CONDEMNING BUILDINGS AND
STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE
DEMOLITION OF SUCH EXISTING STRUCTURE IN THE CITY OF DUBUQUE;
PROVIDED FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; AND ADOPTED A NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS
ARTICLE J; BY ADJUSTING THE NOTICE OF VIOLATION PROVISION, ADDING
DEFINITIONS FOR BUILDING OFFICIAL AND CODE OFFICIAL, AND MODIFYING
THE HOUSING BOARD OF APPEAL PROVISIONS TO BE CONSISTENT WITH THE
PROVISIONS FOR OTHER BOARDS AND COMMISSIONS OF THE CITY
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 30-16 is amended to read as follows:
14-1J-4: PRIORITY CATEGORY:
A. Priority Category Designated: The city manager may designate a property owner,
manager, or licensed real estate professional a priority category for purposes of the
property maintenance code if three (3) times within a period of twelve (12) consecutive
months the property owner, manager, or licensed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with property maintenance code orders in excess of
ninety (90) days without either an extension of time or variance from the housing
board of appeals board or good faith progress as determined by the city
manager;
4. Fails to perform a mandated criminal background check on a tenant; or
5. Receives a citation for a property maintenance code violation.
1
B. Notice Of Priority Category Status: Whenever the city manager designates a
property owner, manager, or licensed real estate professional' to be a priority category
under subsection A of this section, the city manager must give notice of the designation
to the property owner, manager, or licensed real estate professional responsible. Each
notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner, manager,
or licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real estate
professional by delivering the same at the property owner, manager, or licensed
real estate professional's residence, office, or place of business in person or by
mailing by certified mail or regular mail to such address. All such mail must bear
indicia requesting return to sender or forwarding address if not deliverable as
addressed; and
4. Contain a statement that:
a. The property owner, manager, or licensed real estate professional
may appeal from the notice of the city manager to the housing board of
appeals;
b. An appeal must be made in writing and filed with the city manager
within twenty (20) days from the date of service of the designation notice;
and
c. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and
imposition of fines and penalties for property maintenance code violations.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of ctober, 2116.
Attest:
Kevin Elirnstahl, City (- rk
Roy D. bud layor
2
EFFECT OF AMENDMENT TO ORDINANCE NO. 30-16
14-1 J-4: PRIORITY CATEGORY:
A. Priority Category Designated: The city manager may designate a property owner,
manager, or licensed real estate professional a priority category for purposes of the
property maintenance494&s Rg code if three (3) times within a period of twelve (12)
consecutive months the property owner, manager, or licensed real estate professional:
1 . Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with property maintenance#9 sing code orders in excess
of ninety (90) days without either an extension of time or variance from the
housing board of appea!§Ggde appeaI6 beaFd or good faith progress as
determined by the city manager;
4. Fails to perform a mandated criminal background check on a tenant; or
5. Receives a citation for a property maintenance494&+ Rg code violation.
B. Notice Of Priority Category Status: Whenever the city manager designates a
property owner, manager, or licensed real estate professional to be a priority category
under subsection A of this section, the city manager must give notice of the designation
to the property owner, manager, or licensed real estate professional responsible. Each
notice must:
1 . Be in writing;
2. Include a listing of the basis for designating the property owner, manager,
or licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real estate
professional by delivering the same at the property owner, manager, or licensed
real estate professional's residence, office, or place of business in person or by
mailing by certified mail or regular mail to such address. All such mail must bear
indicia requesting return to sender or forwarding address if not deliverable as
addressed; and
4. Contain a statement that:
3
a. The property owner, manager, or licensed real estate professional
may appeal from the notice of the city manager to the housing board of
appeal
b. An appeal must be made in writing and filed with the city manager
within twenty (20) days from the date of service of the designation notice;
and
C. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and
imposition of fines and penalties for property maintenance4GwGiRg code
violations.
4
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: October 21, 2016, and for which the charge is $45.13.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
,20% .
this c=re15-a day of
Notary Public in and for Du.uque County, Iowa.
EFIM
~nm;".sion Number 15t'.35v�
"rum, x9; FEB. I, :;
PUBLICATION
ORDINANCE NO. 52-16
AMENDING ORDI-
NANCE 30-16 WHICH
REPEALED TITLE 6,
CHAPTER r6 OF THE
CITY OF DUBUQUE
CODE OF ORDINAN-
CES AND ALL OTHER
ORDINANCES OR
PARTS OF LAWS IN
CONFLICT THERE-
WITH; ADOPTED THE
2015 EDITION OF THE
INTERNATIONAL
PROPERTY MAINTE-
NANCE CODE, . REGU-
LATING AND GOV-
ERNING THE 'CONDI-
TIONS AND MAINTE-
NANCE OF ALL PROP-
ER ,
ROP-ERTY, BUILDINGS,
AND STRUCTURES;
PROVIDED THE
STANDARDS FOR
SUPPLIED UTILITIES
AND FACILITIES AND
OTHER PHYSICAL
THINGS AND CONDI-
TIONS ESSENTIAL TO
ENSURE THAT
STRUCTURES ARE
SAFE, SANITARY AND
FIT FOR OCCUPATION
AND USE; AND CON-
DEMNING BUILDINGS
AND STRUCTURES
UNFIT FOR HUMAN
OCCUPANCY AND
USE, AND THE DEMO-
LITION OF
EMO-LITION-OF SUCH EX-
ISTING STRUCTURE.
IN THE CITY' OF DU
BUQUE; PROVIDED
FOR THE ISSUANCE
OF PERMITS AND
COLLECTION OF FEES
THEREFOR; AND
ADOPTED A NEW AR-
TICLE WITHIN TITLE
14, CHAPTER 1 AS.
ARTICLE .1; BY AD-
JUSTING THE NOTICE
OF VIOLATION PRO-
VISION, ADDING DEF-
INITIONS FOR BUILD-
ING OFFICIAL AND
CODE OFFICIAL, AND
MODIFYING • THE
HOUSING ' BOARD OF
APPEAL PROVISIONS
TO BE CONSISTENT
WITH THE PROVI-
SIONS FOR OTHER
BOARDS AND COM-
MISSIONS OF THE
CITY
NOW THEREFORE,
BE IT ORDAINED BY
THE CITY . COUNCIL.
OF THE CITY OF DU
BUQUE, IA:
Section 1. Ordinance
No. 30-16 is amended
to read as follows:
14-1J-4: PRIORITY
CATEGORY:
A. Priority Category
Designated: The city
manager may desig-
nate a property owner,
manager, or licensed
real estate professio-
nal a priority category
for purposes of the
property maintenance
code if three (3) times
within a period of 1
twelve (12) consecu-
tive months the prop-
erty owner, manager,
or licensed real estate
professional:
1. Has a"rental license
suspended;
2. Hasa rental license
revoked;
3. Is noncompliant
with property mainte- 1
nance code orders in
excess of ninety (90)
days without either an
extension of time or
variance from the
housing board` of ap-
peals
board or good
faith progress as deter-
mined by the city man-
ager;
4. Fails to perform a s,
mandated criminal
background check on a
I tenant; or
5. Receives a citation
for a property mainte-
nance;code violation.
B. Notice Of Priority I
Category Status:
Whenever the city
manager designates a
property owner, man-
ager, or licensed real
estate professional to
be a priority category
under subsection A of
this section, the city.l
manager must give no-
tice of the designation -I
to the property owner,
manager, or licensed
real estate professio-
nal responsible. Each
notice must:
1. Be in writing;
2. Include a listing of +I
the basis for designat-
ing the property own-
er; manager, or li-
censed real estate pro-
fessional a priority cat-
egory;
3. Be` served upon the
property owner, man-
ager, or licensed real
estate professional by
delivering the same atI
the property owner,
manager, or licensed
real estate professio-
nal's residence, office,
or place of business in;1
person or by mailing by,
certified mail or regu-:1
lar mail to such ad-
dress. All such mail,
must bear indicia re -1
questing return to',
sender or forwarding
address if not delivera-
ble as addressed; and
4. Contain ;a state -1
ment that:
a. The property own-
er, manager, ' or If -1
censed real estate pro -1
fessional may appeal'I
from the notice of the
city manager to the',
housing board of ap-
peals;
b. An appeal must be
made in writing and J
filed with the city man-
ager within twenty (20)
days from the date of
service of the designa-
tion notice; and
c. A failure to appeal 1,
will constitute a waiver.
of all rights to an ap-
peal.
5. This section may
not ,be interpreted to
prevent the enforce-
ment and imposition of
fines and penalties for
property maintenance
code violations.'
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved and
adopted this 17th day
of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph 'Herald
newspaper on the 21st
day of October, 2016.
/s/Kevin S. Firnstahl,
City Clerk
1t.10/21