HomeMy WebLinkAbout5284-6/1/2015Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5284
AN ORDINANCE VACATING A PORTION OF GREENHILL
ROAD RIGHT-OF-WAY, ADJACENT TO 3561
UNIVERSITY AVENUE, IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
PART OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION NO. 21, TOWNSHIP NO. 89 NORTH, RANGE NO. 13
WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF THE SAID
SECTION 21; THENCE S 00°30'52" E ALONG THE WEST LINE OF
SAID WEST ONE-HALF SOUTHWEST QUARTER OF SECTION 21,
1886.49 FEET; THENCE N 89°29'08" E 50.15 FEET TO THE
EAST RIGHT-OF-WAY LINE OF SOUTH HACKETT ROAD AND THE
POINT OF BEGINNING; THENCE N 80°05'21" E 304.24 FEET
ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTH HACKETT
ROAD; THENCE N 29°47'38" E 319.26 FEET ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF GREENHILL ROAD; THENCE S
60°12'22" E 40.00 FEET; THENCE S 29°47'38" W 370.00
FEET; THENCE S 87°30'42" W 309.11 FEET; THENCE N
00°26'35" W 25.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.631 ACRES, SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD;
shall be, and the same is hereby vacated, subject to the
following condition:
1. The above described real property will be vacated to
Thirteen Associates, LLC, in the amount of $28,000.
2. Thirteen Associates, LLC, will complete a new storm
water retention basin on the site.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
June 1, 2015
June 1, 2015
June 1, 2015
June 1, 2015
PASSED AND ADOPTED this 1st day g June 2015.
Ernest G. Clark, Mayor
ATTEST:
Suzy S ares, CMC
City C erk
Ordinance No. 5284
Page 2
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5284, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 1st day of June 2015.
2015.
SEAL
Witness my hand and seal of office this 1st day of June
Suzy Shares, CMC
City C erk
ORDINANCE NO. 5285
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY REPEALING
ARTICLE B, INTERNATIONAL PROPERTY
MAINTENANCE CODE, OF CHAPTER 1, BUILDING
CODE, OF TITLE 9, BUILDING REGULATIONS; AND
ENACTING IN LIEU THEREOF A NEW ARTICLE B,
INTERNATIONAL PROPERTY MAINTENANCE CODE, OF
CHAPTER 1, BUILDING CODE, OF TITLE 9,
BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, International Property Maintenance Code, of
Chapter 1, Building Code, of Title 9, Building Regulations, of
the Code of Ordinances of the City of Waterloo, Iowa, is hereby
repealed in its entirety; and that a new Article B,
International Property Maintenance Code, of Chapter 1, Building
Code, of Title 9, Building Regulations, is hereby enacted in
lieu thereof as follows:
B. THE INTERNATIONAL PROPERTY MAINTENANCE CODE
9-1B-1. THE INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED.
That a certain document, three (3) copies of which are
on file in the office of the City Clerk of the City of
Waterloo, Iowa, being marked and designated as the
International Property Maintenance Code, 2015 edition,
as published by the International Code Council, be and
is hereby adopted as the Property Maintenance Code of
the City of Waterloo, in the State of Iowa for
regulating and governing the conditions and
maintenance of all property, buildings and structures;
by providing 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 the condemnation
of buildings and structures unfit for human occupancy
and use, and the demolition of such existing
structures as herein provided; providing for issuance
of permits and collection of fees therefore; and each
and all of the regulations, provisions, penalties,
conditions and terms of said Property Maintenance Code
on file in the office of the City Clerk of the City of
Waterloo are hereby referred to, adopted, and made a
part hereof, as if fully set out in this article, with
the additions, insertions, deletions and changes, if
any, prescribed in Section 2 of this article.
9-1B-2 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE
CODE.
A. GENERAL AMENDMENTS TO THE INTERNATIONAL PROPERTY
MAINTENANCE CODE.
Ordinance No. 5285
Page 2
Any reference to the International Plumbing Code shall
be replaced with the "adopted plumbing code".
Section 101.1 Insert: City of Waterloo
Section 102.2 is amended to add Exception 1 as
follows:
Exception 1. Owner or Owner's Agent shall by
written agreement allow the occupant to perform
the duties specified herein. All refrigerators,
stoves and ranges shall be maintained in safe
working condition.
Section 103.1 is hereby deleted in its entirety, and a
new Section 103.1 is enacted to read as follows:
Section 103.1 General. The department of
property maintenance inspection is hereby
established, and the executive official in charge
thereof shall be known as the code official. The
building inspections department shall operate as
the department of property maintenance
inspection.
Section 103.2 is hereby deleted in its entirety, and a
new Section 103.2 is enacted to read as follows:
Section 103.2 Appointment. The building official
is hereby appointed as the code official.
Section 103.3 is hereby deleted in its entirety, and a
new Section 103.3 is enacted to read as follows:
Section 103.3 Deputies. In accordance with the
prescribed procedures of this jurisdiction and
with the concurrence of the appointing authority,
the code official shall have the authority to
appoint one or more deputies. Such employees
shall have powers as delegated by the code
official. Code Enforcement officers, building
inspectors, fire inspectors, and officers of the
Waterloo Police Department are hereby appointed
as Deputies to enforce this article.
Section 103.5 is hereby deleted in its entirety, and a
new Section 103.5 is enacted to read as follows:
103.5 Fees. The City Council shall by resolution
prescribe fees for activities and services
performed by personnel of the City or the
Building Official's designee. Fees shall be paid
prior to the issuance of the Certificate of
Compliance.
Section 104.2 is amended to add a new Section 104.2.1
as follows:
Ordinance No. 5285
Page 3
104.2.1 Regular Rental Inspection. Rental
property, rental units and the common areas
thereof shall be inspected in accordance with a
program of regular rental inspections every 3
years, or as deemed necessary by the code
official.
Section 106 is amended by adding the following
sections:
Section 106.6 Hardship Due to Code Application
Section 106.6.1 Definition
Hardship - The literal application of this code
causes hardship to the owner of the affected
property.
Section 106.6.2 Referral. The Code Official
shall refer all hardship cases to the Community
Development Office.
Section 111.2.1 is hereby deleted in its entirety.
Section 111.2.5 is hereby deleted in its entirety.
Section 112.4 is hereby deleted in its entirety and
replaced with the following:
112.4 Failure to comply. Any person who shall
continue any work after having been served with a
stop work order, except such work as that person
is directed to perform to remove a violation or
unsafe condition, shall be in violation of this
article. Any violation of this article shall
constitute a municipal infraction and be
punishable as provided in Section 1-3-2 of the
Waterloo Code of Ordinances.
A new Section 113 is hereby enacted as follows:
113. Certification.
113.1 Certificate of Compliance. A certificate
of compliance shall mean a document which shows
that the unit or units for which it is issued was
in compliance with the applicable provisions of
this code at the time of the last inspection.
The certificate shall be automatically
transferred from one owner or operator to
another. Rental unit registrations do not
transfer from one owner or operator to another.
A certificate of compliance shall state the date
of last inspection, the address of the structure
to which it is applicable and the type or
classification of the dwelling.
Ordinance No. 5285
Page 4
113.2 Disclaimer. A certificate of compliance
does not signify or imply that the premises for
which it is issued is in compliance with the
Fire, Building or Zoning Codes of the City of
Waterloo.
Section 302.4 is hereby deleted in its entirety.
Section 302.8 is hereby deleted in its entirety.
Section 304.14 is hereby deleted in its entirety.
Section 308.2.1 Rubbish Storage Facilities is hereby
amended by adding a new Section 308.2.1.1 as follows:
Section 308.2.1.1
Multi -unit
(5)
for
or more
waste
containers
residential
units may
residential buildings containing five
shall provide adequate storage
to store all waste inside
lids closed. Multi -unit
containing four (4) or less
city garbage collection
units
so as
with the
buildings
utilize
services provided that each unit has city garbage
cart capable of containing all garbage with the
lid closed. For waste containers other than city
garbage carts, minimum requirements are two (2)
cubic yards of capacity for each increment of
four (4) units.
An appropriate number of waste containers shall
be provided for multi -unit developments that are
not residential, or for the non-residential
portion of mixed-use multi -unit developments,
based upon the number of buildings and units
within such development or applicable portion
thereof.
A new Section 403.6 is hereby enacted as follows:
403.6 Mold present in a rental unit.
a.
b.
When mold is found to be visibly present in
small amounts, it can be cleaned in a safe and
sanitary manner.
When mold is found in a rental unit and is
determined to be a health risk, the Building
Official may order that a clean air report be
obtained from a mold specialist approved by the
Building Official.
A new Section 403.7 is hereby enacted as follows:
403.7 Carbon Monoxide Alarms. Carbon monoxide
alarms shall be installed in accordance
with this Code.
Ordinance No. 5285
Page 5
403.7.1 Listings. Carbon monoxide alarms shall
be listed in accordance with UL 2034.
Combination carbon monoxide and smoke
alarms shall be listed in accordance with
UL 2034 and UL 217.
403.7.2 When required. Carbon monoxide alarms
shall be provided when either or both of
the following conditions exist:
a. The dwelling unit contains a fuel -fired
appliance.
b. The dwelling unit has an attached garage
with an opening that communicates with the
dwelling unit
403.7.3 Location. Carbon monoxide alarms in
dwelling units shall be installed outside
of each separate sleeping area in the
immediate vicinity of the bedrooms. Where a
fuel -burning appliance is located within a
bedroom or its attached bathroom, a carbon
monoxide alarm shall be installed within
the bedroom.
Section 602.3 is hereby deleted in its entirety, and a
new Section 602.3 is enacted to read as follows:
Section 602.3 Heat supply. Every owner and
operator of any building who rents, leases or
lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat
to maintain a temperature of not less than 68°F
(20°C) in all habitable rooms, bathrooms and
toilet rooms.
Section 602.4 is hereby deleted in its entirety, and a
new Section 602.4 is enacted to read as follows:
Section 602.4 Occupiable work spaces. Indoor
occupiable work spaces shall be supplied with
heat to maintain a temperature of not less than
65°F (18°C) during the period the spaces are
occupied.
Exceptions:
1. Processing, storage and operation areas
that require cooling or special
temperature conditions.
2. Areas in which persons are primarily
engaged in vigorous physical activities.
9-1B-3. CONFLICTING PROVISIONS. If existing ordinances of the
City of Waterloo are in conflict herewith, the most restrictive
shall prevail.
Ordinance No. 5285
Page 6
9-1B-4. SEVERABILITY. If any section, subsection, sentence,
clause or phrase of this article is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of
the remaining portions of this article. The City Council hereby
declares that it would have passed this article, including each
section, subsection, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
9-1B-5. PENDING ACTIONS. That nothing in this article or in the
Property Maintenance Code hereby adopted shall be construed to
affect any suit or proceeding pending in any court, or any
rights acquired, or liability incurred, or any cause or causes
of action acquired or existing, under any act or ordinance
hereby repealed as cited in Section 2 of this article; nor shall
any just or legal right or remedy of any character be lost,
impaired or affected by this article.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
June 1, 2015
June 1, 2015
June 1, 2015
June 1, 2015
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 1st day of June 2015, and approved by the
Mayor on the 1st day of June 2015.
ATTEST:
A C
Suzy Sc ares, CMC
City Clerk
Er est G. Clark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5285 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 1st day of June 2015.
2015.
SEAL
Witness my hand and seal of office this 1st day of June
Suzy Sc res, CMC
City Cl •rk