14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:

Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the City that certain building code known as the International Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and shall be known as the “Dubuque Building Code”. A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. (Ord. 40-19, 9-3-2019; amd. Ord. 21-23, 5-15-2023)

The following additions, deletions, modifications, or amendments of the International Building Code, 2021 edition, adopted in section 14-1A-1 of this article to read as follows:

Section 101.1. Title. Amended to read:

These regulations shall be known as the Dubuque Building Code, hereinafter referred to as “this code”.

Section 103.1. Creation of enforcement agency. Amended to read:

103.1 Creation of enforcement agency.

The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code.

Section 105.5. Expiration. Amended to read:

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be requested in writing and justifiable case demonstrated.

Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1A-6.

Section 114. Violations. Amended to read:

114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each day or portion thereof during which any such unlawful act is committed, continued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof.

A notice of violation is not required in every situation and City staff may issue a municipal infraction without previously issuing a notice of violation.

Section 116. Unsafe Structures And Equipment. Amended to read:

116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this Section, an unsafe use. Any parapet wall, cornice, spire, tower, tank, statuary, or other appendage or structural member which is supported by, attached to, or a part of a building and which is in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building appendage.

All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in title 14, chapter 3 of the Code of Ordinances.

Section 202. Definitions. Amendment to “building official” and inclusion of “code official”:

Building Official. See “Code Official”.

Code Official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative thereof. Any reference to “Building Official” in this code shall have the same meaning as “Code Official”.

Section 903.3.1.1.1. Exempt Locations. Amended to read:

903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire-resistance-rated construction, or contains electrical equipment.

1. A room or area where the application of water, or flame and water, constitutes a serious life or fire hazard.

2. A room or area where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official.

3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.

4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents.

5. Fire service access elevator machine rooms and machinery spaces.

6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008.

Section 1031.3.2 Minimum dimensions. Amended to read:

1031.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening.

Exception: Replacement windows shall be exempt from the minimum size requirements of this section, provided that the replacement window meets the following conditions:

1. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening, provided that the replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening and shall have a minimum net clear opening width of 20 inches (508 mm), a minimum net clear opening height of 22 inches (559 mm), and a minimum net clear opening of 4.0 square feet (0.372 square meters).

2. The replacement window is not part of a change of occupancy or use.

Section 1031.3.3. Maximum height from floor. Amended to read:

1031.3.3 Maximum height from floor.

Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor.

Exception: The bottom of the clear opening may exceed 44 inches (1118 mm) above the floor if the following conditions are met:

a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform.

b. The emergency escape or rescue window shall comply with section 1031.3.2. (Ord. 33-20, 9-21-2020; amd. Ord. 21-23, 5-15-2023)

14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONTEMPLATION OR CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS:

The building official of the City is hereby prohibited from issuing a building permit for real property for which action is contemplated or has been initiated for a change in the zoning classification of the property or a text amendment of the Zoning or Subdivision Ordinances. The prohibition shall be from the date of the filing of the application with the Planning Services Department until the date of final action of the City Council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by the City Council. The City Council may, by one or more resolutions, waive this prohibition in whole or in part. (Ord. 21-16, 6-6-2016, eff. 7-1-2016)

14-1A-4: DEMOLITION PERMITS IN CONSERVATION DISTRICTS:

A. Application Of Section: The provisions of this section shall apply to all buildings located in whole or in part within the following described conservation districts:

1. Fourth Street Neighborhood: Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning.

2. Fenelon Place Neighborhood: Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Burch Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with Burch Street which is the point of beginning.

3. Third Street Neighborhood: Beginning at the intersection of West Third and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West Fifth Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning.

4. Washington Street Neighborhood: Beginning at the intersection of Sixteenth and Washington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth Street; thence westerly along Eighteenth Street to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of beginning.

5. Jackson Park Neighborhood: Beginning at the intersection of Fourteenth Street and Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street which is the point of beginning.

6. West Eleventh Street Neighborhood: Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West Eleventh Street; thence westerly along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West Sixteenth Street; thence easterly along West Sixteenth Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with Ninth Street which is the point of beginning.

7. Broadway Street Neighborhood: Beginning at the intersection of West Twenty-third Street and Central Avenue thence westerly along West Twenty-third Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West Twenty-third Street which is the point of beginning.

8. Downtown Neighborhood: Beginning at the intersection of White Street and Eleventh Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, thence southerly along White Street to its intersection with Thirteenth Street, thence westerly along Thirteenth Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with Eleventh Street, thence easterly along Eleventh Street to its intersection with White Street, which is the point of beginning. (2007 Code § 11-4)

9. Brewery Neighborhood: Lot 2-7 of Mineral Lot 322, Lot 1-1-3-8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3 in the city of Dubuque, Iowa. (Ord. 63-05, 11-21-2005)

B. Review By Historic Preservation Commission: Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the historic preservation commission of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the housing and community development department. The applicant shall file the information required in this section with the historic preservation commission at the office of the planning services department by the application deadline established by the commission. If the application is for any building with one or more dwelling units, the planning services department shall provide the filed information to the housing and community development department.

At its next regular meeting, the commission shall recommend to the city council approval or denial of the application, or table the application for additional information for a specified period not to exceed sixty (60) days from the date of application with the commission. A failure of the commission to take action on the application within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, shall constitute commission approval thereof. The recommendation of the commission shall be transmitted to the city clerk. The city clerk shall promptly transmit the recommendation and the application to the city council for its consideration.

The commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the housing and community development department, and shall make a determination as to the following:

1. Whether the building proposed for demolition has historic or architectural significance to the community; and

2. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property.

If the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission shall recommend approval of the application.

If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission shall recommend denial of the permit application.

If the applicant is the state of Iowa or a political subdivision of the state, the commission shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows:

a. If the commission finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the commission shall recommend approval of the application.

b. If the commission finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the commission may recommend denial of the application.

C. Historic And Architectural Significance Guidelines And Review Criteria: The report, "heritage of Dubuque" dated March 1974, and filed on record on January 27, 1975, shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference conservation district. The city of Dubuque's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the National Register of Historic Places prepared for any buildings located within the neighborhoods described in subsection A of this section also shall be considered as guidelines at such time.

In determining whether a building has historic or architectural significance, the commission and the city council shall consider an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "standards for identification and evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The commission and the city council shall also consider a determination from the State Historical Society of Iowa as to the potential eligibility for listing of the building proposed for demolition on the National Register of Historic Places.

D. Economic Guidelines And Review Criteria: In determining whether to recommend approval or denial of the application, the commission and the city council may consider the information set forth in this subsection. The commission and the city council may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information:

1. A bid from a qualified contractor showing the cost of the proposed demolition;

2. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish;

3. An opinion of the market value and the appraised value of the property by a realtor or appraiser: a) in its current condition, b) after completion of the proposed demolition, c) after renovation of the existing property for continued use, and d) all appraisals obtained within the last five (5) years for the property;

4. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: a) to perform the repairs identified by the building services department and the housing and community development department if the structure contains one or more dwelling units, and b) to rehabilitate the structure;

5. The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing;

6. If the property is income producing, form 1040 schedule E or equivalent for the previous two (2) years;

7. Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

8. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

9. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years;

10. The assessed value of the property for the previous two (2) assessment years;

11. The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid;

12. Any other information considered necessary by the city council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s);

13. A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and

14. A statement of the applicant's current maintenance and repair activities.

If the application is for any building with one or more dwelling units, the housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The commission shall consider such information.

E. Guidelines And Review Criteria For Applications By State Of Iowa Or A Political Subdivision Of State: In determining whether to recommend approval or denial of the application, the commission and the city council may consider the information set forth in this subsection and any other information the commission or the city council considers relevant to balancing any conflicting governmental interests.

The commission and the city council may require that the applicant make submissions concerning any or all of the following information for the proposed site and suitable alternative location(s):

1. Fair market value of property;

2. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation;

3. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project;

4. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations;

5. Any other factors that contribute to making one location more suitable than others for the proposed use;

6. Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated;

7. The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use.

F. Action By City Council: At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council shall hold a hearing on the application for a demolition permit and shall approve, deny or withhold action on the application for a specified period not to exceed ninety (90) days from the date of application to the building services department, unless the applicant requests an extension of such time. If the city council fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith.

The city council may withhold action on the application to allow the city council and the commission an opportunity to investigate the historical or architectural value of the building to the community and to take such action as may be appropriate to encourage its preservation. However, nothing in this section shall authorize the withholding by the building official of a demolition permit for more than ninety (90) days from the date of application to the building services department, unless the applicant requests an extension.

At the hearing, the city council shall consider the recommendation of the commission, any information submitted to the commission by the applicant, any information submitted to the city council by the applicant, and, if the application is for any building with one or more dwelling units, any information submitted by the housing and community development department.

If the city council finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property or that the building does not have any historical or architectural significance to the community, the city council shall approve the application.

If the city council finds that denial of the application would not prevent the owner from earning a reasonable economic return on the property and that the building has historical or architectural significance to the community, the city council shall deny the application.

If the applicant is the state of Iowa or a political subdivision of the state, the city council shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows:

1. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the city council shall approve the application.

2. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the application.

If the city council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant.

G. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may make a request to the city council for establishment, expansion or alteration of a conservation district. The process for establishment, expansion or alteration of a conservation district shall be as follows:

1. A written request for the establishment, expansion or alteration of a conservation district shall be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the commission for a recommendation before voting on the request.

If the city council considers the request at a public hearing, a notice of the date, time and location of the hearing shall be published in accordance with Iowa code section 362.3.

The city council may also direct the city clerk to mail a notice of the date, time and location of the meeting at which the city council will consider the request to the property owners of record in the district.

If the city council refers the request to the commission, the city council may also direct the secretary of the commission to mail a notice of the date, time and location of the meeting at which the commission will consider the request to the property owners of record in the district.

2. At its next regular meeting, if a referral is made to it by the city council, the commission shall review the request, and make a recommendation to the city council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. A failure of the commission to take action on the request within the sixty (60) day period, unless the applicant requests and the commission grants an extension of such time, shall constitute commission approval thereof. The recommendation of the commission shall be transmitted to the city clerk. The city clerk shall promptly transmit the recommendation and the application to the city council for its consideration.

In determining whether to recommend approval or denial of the request, the commission shall consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community.

3. At its next regular meeting following receipt of the recommendation of the commission by the city clerk, the city council shall approve or deny the request. (2007 Code § 11-4)

H. Demolition By Neglect Prohibited: The owner of a building or structure in any conservation district shall preserve and keep in good repair all of the exterior portions of such buildings and structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to correct any of the following defects as determined by the city's building official:

1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property;

2. A deteriorated or inadequate foundation;

3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed;

4. Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the load imposed;

5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed;

6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed;

7. Deteriorated, crumbling, or loose exterior stucco or mortar;

8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows and doors;

9. Defective or lack of weather protection for exterior wall coverings, foundations, or floors, including broken windows and doors;

10. Any default, defect, or condition in the structure which renders it structurally unsafe or not properly watertight;

11. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety;

12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style;

13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling;

14. Rotting, holes, and other forms of decay; or

15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. (Ord. 37-09, 8-3-2009)

14-1A-5: EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS:

A. Application: The requirements of this section shall apply to any windows or doors boarded up after March 1, 2011.

B. Building Openings: No building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. All other unsecured exterior building openings must be secured with three-eighths inch (3/8") plywood and nailed every eight inches (8") with #6 box nails.

On the first floor of any such building, the plywood must be cut to fit the opening and must not be pieced. On the second floor or above, the plywood may be pieced provided it is adequately supported behind the seam. Building openings must be covered from the outside and the plywood painted to blend in with the remaining exterior color of the building.

C. Exception:

1. Temporary Boarding: Windows and doors may be boarded temporarily only if a permit has been obtained from the city manager or city manager's designee for the temporarily boarded windows and doors. A temporary permit may be issued upon submission of a satisfactory plan to the city manager or city manager's designee which outlines bringing the windows and doors into compliance with this section. "Temporary" for purposes of this section means less than ninety (90) days. One extension of thirty (30) days may be granted by the city manager or city manager's designee. Further extensions may be granted at the discretion of the city manager.

D. Appeal Rights:

1. A property owner aggrieved or adversely affected by a decision of the city manager's designee under this section may apply to the city manager for review of such decision by filing a written notice of appeal with the city manager within thirty (30) days of the date of the decision appealed from. The notice of appeal must include the following:

a. Name and address of person appealing (appellant).

b. A brief statement in ordinary and concise language of the decision appealed from, together with any material facts claimed to support the contentions of the appellant.

c. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision appealed from should be reversed or modified.

d. The signatures of all parties named as persons appealing and their official mailing address.

2. The city manager shall review the decision appealed from and any information provided by the appellant and issue a written decision within thirty (30) days of receipt of the notice of appeal. The decision shall be mailed to the appellant. The city manager may affirm, reverse, or modify the decision of the city manager's designee.

E. Inventory And Review: An inventory of buildings with boarded up windows and doors shall be completed by December 31, 2010, and maintained by the city manager. The inventory shall be updated every twenty four (24) months and provided for review to the city council.

F. Historic Preservation Requirements: None of the provisions of this section shall be interpreted to reduce or modify the requirements for review and approval by the historic preservation commission required under this code for properties located within a historic preservation or conservation district. (Ord. 16-11, 2-22-2011)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc