The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows:
Section 101.1 Title. Amended to read:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, 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 code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
Section 104.1. Fees. Amended to read:
104.1. Fees. The fees for activities and services performed by the Inspection & Construction Services Division will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Prior to filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner’s personal or business mailing address.
Section 109.2 Notice of violation. Amended to read:
109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4 of this code. 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. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with any of the methods of service in section 111.4.2 or by first-class mail to the last known address of the owner or the owner’s authorized agent.
Section 109.5. Abatement of Violation. Amended to read:
109.5. Abatement of Violation, Escrow Established.
A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
B. Escrow System Established.
1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque.
2. No rent shall be recoverable by the owner, the owner’s authorized agent, or the lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes.
3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations.
4. Escrow Order and Payment Requirement:
a. An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner’s authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises.
b. Upon receipt of an escrow order, tenants shall pay their rent to the City which will hold the funds in escrow as provided herein. When rent is placed in escrow, neither the owner, the owner’s authorized agent, nor the lessor may recover rent from the tenant.
c. The effective date of the escrow order is fourteen (14) days from the date of the order.
d. A first lienholder may submit proof of an “Assignment of Rents” to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. Unless otherwise required by law, the lienholder shall be responsible for collecting rents below the escrow amount.
e. The owner, the owner’s authorized agent, the lessor, or the first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board.
f. If the Housing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owner’s authorized agent, or the lessor and shall be payable within fourteen (14) days.
5. An escrow order shall be stayed pending an appeal by an owner, the owner’s authorized agent, or the lessor.
6. The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order. Such policy shall be on file with the Inspection and Construction Service Division and available to the public for review.
Section 107 Means of Appeal. Amended to read:
Section 107 Means of Appeal.
107.1 General Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
Section 108 Board of Appeal. Amended to read:
Section 108 Boards of Appeals
108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code.
1. The Building Code Advisory and Appeal Board will hear appeals of decisions or determinations made by the code official relative to interpretation of this code. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 of the City of Dubuque Code of Ordinances for the handling of appeals.
2. The Housing Appeals and Mediation Board will hear appeals regarding repair deadlines, nuisance abatement orders, and landlord/tenant disputes regarding property access, nuisance abatement, and rent abatement. The Housing Appeals and Mediation Board will use the provisions of 14-1J-7 of the City of Dubuque Code of Ordinances for the handling of appeals.
Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official:
Building Official. See “Code Official”.
Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or any duly authorized representative. Any reference to building official in this code refers to code official.
Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Section 302.3. Sidewalks And Driveways. Amended to read:
302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Hazardous conditions are any condition stated in the City of Dubuque’s Standards for Defective Sidewalks/Approaches. Snow/ice removal shall comply with section 302.3.1 of this code.
302.3.1 Snow/Ice Removal. The owner of the premises shall be responsible for snow/ice removal from sidewalks, walkways, stairs, driveways, parking spaces, and similar areas immediately after the snowfall ends and no longer than 24 hours after the snow event.
Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with this section. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation.
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the City of Dubuque Code of Ordinances.
Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with section 6-8-2 of the City of Dubuque Code of Ordinances. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation.
Section 302.8. Motor Vehicles. Amended to read:
Section 303.2. Enclosures. Amended to read:
303.2 Enclosures. All private swimming pools, hot tubs, and spas, which are capable of containing water more than 24 inches (610 mm) in depth, shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
Section 304.2. Protective Treatment. Amended to read:
304.2. Protective Treatment. Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated and surfaces repainted, regardless of whether any such surface consists of or contains decay-resistant wood. For avoidance of doubt, once an exterior wood surface consisting of or containing decay-resistant wood has been painted, the paint must be maintained as provided in this code. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust or corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Section 304.3. Address Identification. Amended to add:
Exception: The fire official may approve nonconforming address identification.
Section 304.14. Insect Screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed according to the manufacturer’s specifications and maintained in good working order.
Section 305.3. Interior Surfaces. Amended to read:
305.3. Interior Surfaces.
A. Interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead-Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead-based paint regulations, the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning.
C. All residential property must comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992, requiring the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of certain housing built before 1978.
Section 308.2.1. Rubbish Storage Facilities. Amended to add:
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for compliance with this provision. Upon request of the city, a landlord must provide a copy of the written agreement. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation.
Section 404.4.2. Deleted.
Section 404.4.3. Water Closet Accessibility. Amended to read as follows:
404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15.
Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15.
Section 602.5. Room Temperature Measurement. Amended to read:
602.5. Room Temperature Measurement. The required room temperatures shall be measured three (3) feet (914 mm) above the floor, at an interior wall.
Section 605.2. Receptacles. Amended to add:
Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable.
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape and rescue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Emergency escape and rescue openings shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of this code.
Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements:
a. Window was permitted as required by the City of Dubuque
b. Window was approved as code compliant as documented by the City of Dubuque.
702.4.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.370 m2).
702.4.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 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.
702.4.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor.
Exception: An existing finished sill height may exceed 48 inches (1219 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 building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one- and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration.
Appendix A - Do not adopt
Appendix B - Do not adopt
(Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 34-17, 7-5-2017; Ord. 45-19, 9-3-2019; Ord. 35-20, 9-21-2020; Ord. 17-21, 5-3-2021; Ord. 36-21, 10-18-2021; Ord. 19-22, 5-2-2022; Ord. 25-23, 5-15-2023)