CHAPTER 4
LICENSING OF VACANT AND/OR ABANDONED BUILDINGS
LICENSING OF VACANT AND/OR ABANDONED BUILDINGS
SECTION:
14-4-1: Definitions
14-4-2: Vacant And/Or Abandoned Building License
14-4-3: Registration
14-4-4: Fees
14-4-5: Terms Of Licenses
14-4-6: Inspections
14-4-7: Renewal Licenses
14-4-8: Renewal, Penalty For Failure To Renew License
14-4-9: Revocation, Reinstatement Measures
14-4-10: Relationship Of License To Other Codes
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Property Maintenance Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an incomplete exterior shell for six (6) months or longer which meets one or more of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property Maintenance Code, International Building Code, International Residential Code, or International Fire Code adopted by the City of Dubuque.
BUILDING CODE: The Building Codes promulgated by the International Code Council and their locally adopted amendments, as adopted in section 14-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is found by the code official to be likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is found by the code official to be likely to partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty three-percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City, as specified in the Building Code or Property Maintenance Code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or characteristics; or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International Fire Code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of a building, or upon an unoccupied lot.
C. Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the City Manager.
D. A building that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the City Manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the City Manager.
PROPERTY MAINTENANCE CODE: The City of Dubuque Property Maintenance Code, as adopted in chapter 1, article J of this title.
RESIDENTIAL CODE: International Residential Code, as adopted by chapter 1, article B of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or approved conditional uses designated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a continuous period of time over twelve (12) months and which meets one or more of the following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the City Manager;
E. Noncompliant with the International Property Maintenance Code;
F. Has Housing, Building, Fire, Health or Zoning Code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any one or more of the public utilities.
1. For purposes of this chapter, public utilities are defined as water, natural gas, and electricity.
2. The minimum fee billed for properties having a water meter, stop box, or service line but not actually using water does not constitute water consumption for purposes of this chapter.
a. Minimum water usage, not conducive to the primary or conditional uses of the building or portion thereof, does not constitute water consumption for purposes of this chapter.
3. Stormwater does not constitute a public utility for purposes of this chapter. (Ord. 37-18, 9-17-2018; amd. Ord. 47-21, 12-20-2021)
No person or business shall maintain a vacant or abandoned building as defined by this chapter, in the City unless such person or business holds a current unrevoked abandoned or vacant building license, issued by the City Manager, in the name of the owner/operator for the specific named building. (Ord. 44-07, 8-6-2007)
A. Registration Required: The owner shall register a vacant or abandoned building with the City Manager not later than thirty (30) calendar days after any building in the City becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the City Manager shall be a violation of this chapter.
B. Information: The registration shall include the following information:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
4. The name of the agent designated to act on the behalf of an out of town property owner to accept legal processes and notices, and to authorize repairs as required;
5. The period of time the building is expected to remain vacant; and
6. A plan and proposed timeline for restoration to a code compliant and occupied status or for the demolition/sale of the building(s). (Ord. 44-07, 8-6-2007; amd. Ord. 47-21, 12-20-2021)
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