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All vacant buildings subject to registration shall comply with the following standards:
1. Building Openings. Doors, windows, and other openings shall be weathertight and secured against entry by birds, vermin, and trespassers. Missing or broken glass in doors, windows, and other such openings shall be repaired and/or replaced with glass within twelve (12) months of becoming vacant. No building opening shall be boarded for more than twelve (12) months. All first floor or ground level windows, doors, and openings shall be free of any posters, paper, or fabric coverings.
2. Waste Removal. All waste, debris, rubbish, and garbage shall be removed from the exterior of the property and from areas visible from the public right-of-way and adjacent properties such as porches, carports, or other open areas.
3. Roofs. The roof and flashings shall be sound and tight, not admit moisture, or have defects which might admit moisture, rain, or roof draining and shall allow for sufficient drainage to prevent dampness or deterioration in the interior of the building.
4. Building Structure. The building shall be maintained in a sanitary manner and in a manner that does not pose a threat to the public health, safety, and welfare.
5. Structural Members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
6. Foundation Walls. The foundation walls shall be maintained in a structurally sound and sanitary condition so as not to pose a threat to the public health, safety, and welfare, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and resistant to vermin.
7. Exterior Walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials such as paint or similar surface treatment.
8. Decorative Features. The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
9. Overhanging Extensions. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features shall be in good repair, anchored, safe and sound. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
10. Chimneys and Towers. Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
11. Walkways. Public walkways shall be in good repair, shall be safe for pedestrian travel, and shall be free of snow and ice. Snow and ice removal shall be completed within twenty-four (24) hours of a snowfall.
12. Accessory Building/Structures. Accessory buildings and structures such as garages, sheds, and fences shall be free from safety, health and fire hazards; and shall comply with these Vacant Building Maintenance Standards.
13. Exterior Premises. The surrounding premises upon which the structure or building is located shall be clean, safe, sanitary, free from waste, rubbish, garbage, excessive vegetation, shall not be used for exterior storage, and shall not pose a threat to public health, welfare, or safety.
1. Property actively listed for sale or lease. A vacant property that is actively listed and offered for sale or lease shall be exempt from the registration requirement subject to the following conditions.
A. The property is offered for sale at a price not to exceed twenty-five percent of the assessed value as documented by the Carroll County Assessor's Office unless the owner is able to submit recent comparable market data which justifies a higher value.
B. The property is offered for lease at a proposed rent that is comparable with the rental market throughout the community.
C. If after twelve (12) months of active listing or offering for lease, the property remains vacant, registration will be required.
2. Temporary Vacancy of Owner-Occupied Dwellings. A vacant owner-occupied residential property where the owner resides elsewhere for less than six (6) months per calendar year shall be exempt from registration requirement.
1. Inspection and Assessment. The City is authorized to inspect and assess the property for compliance. Access to the interior of any building shall be with owner consent or pursuant to an administrative search warrant.
2. Violation of this Chapter. If the City determines the property is in violation of any provision of this Chapter, the City may notify the owner of the violation by providing a Notice of Violation via regular and certified mail and posting at a conspicuous place on the property. The Notice of Violation shall identify the sections in violation, required corrective action, and a time frame for completion.
3. Violations of other applicable City Codes. Registered properties shall remain subject to compliance with other applicable City Code provisions including, but not limited to, those pertaining to nuisances, property maintenance, zoning, dangerous building, and fire. Violations of other applicable code provisions will follow corresponding enforcement procedures.
4. Failure to Comply. If the owner fails to take corrective action within the specified time frame, the City reserves the right to pursue all available legal remedies including without limitation issuance of a municipal infraction citation or pursuit of title to the property pursuant to Iowa Code § 657A.10B.
The owner shall have the right to appeal a Notice of Violation by the authorized official to the City Manager.
1. Written Request for Appeal. A written request for an appeal must be submitted within ten (10) calendar days from the date on the Notice of Violation. The written request shall include the following:
A. Date
B. Owner's name
C. Owner's address
D. Owner's phone number
E. Property address or parcel number
F. Information supporting the owner's position
2. Setting the Hearing. As soon as practicable after receiving the written appeal, the City Manager shall fix a date, time and place of hearing.
3. Failure to Appeal. Failure of any person to file an appeal shall constitute a waiver of rights to an administrative hearing and adjudication of the notice of violation.
4. Matters of Consideration. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
5. Decision. After hearing all testimony, the City Manager shall have 5 days to issue a decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. The decision shall be served on the appellant by certified mail, return receipt requested.
(Ch. 159 - Ord. 2404 - Aug. 24 Supp.)