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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Housing Code SUMMARY: City Manager recommending approval of an ordinance which adjusts any references to the recently repealed Title 6, Chapter 6 of the City of Dubuque Code of Ordinances to the updated and proper code. ORDINANCE Amending Ordinance 30-16 Which repealed Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other Ordinances or parts of Laws in Conflict therewith; Adopted the 2015 Edition of the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to Housing Code DATE: October 10, 2016 The City of Dubuque adopted the International Property Maintenance Code and repealed Title 6, Chapter 6, the former Housing Code.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