HomeMy WebLinkAbout5092-02/20/2012Prepared by Carol Failor, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703.
ORDINANCE N0. 5092
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING A NEW CHAPTER 13, CONDOMINIUM
CONVERSION, OF TITLE 9, BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That a new Chapter 13, Condominium Conversion, of Title 9,
Building Regulations, is hereby enacted as follows:
TITLE 9
CHAPTER 13
CONDOMINIUM CONVERSION
9-13-1: CONVERSION OF EXISTING STRUCTURE TO HORIZONTAL PROPERTY
REGIME (CONDOMINIUM):
When all of the owners of real property or all of the lessees under
a lease of real property desire to submit a parcel of real property
located in the city, upon which an existing building or structure
is located, to the horizontal property regime established by Iowa
Code Chapter 499B, the declarant shall file the declaration of the
horizontal property regime with the city building official of the
City of Waterloo at least sixty (60) days before the declaration is
recorded in the office of the Black Hawk County Recorder, to enable
the City to establish that the existing building or structure meets
the applicable building code requirements of the city, as specified
in Iowa Code Section 499B.20 and as described in this chapter.
9-13-2: FILING OF "AS BUILT" PLANS:
In compliance with all requirements of Iowa Code Chapter 499B and
this chapter, the declarant shall submit to the city building
official at the time of filing of the declaration a full and exact
copy of "as built" plans of the existing structure in sufficient
detail to allow the city building official to determine whether the
existing structure meets the building code requirements of the city
which are in effect as of the date of the proposed conversion of
the existing structure to the horizontal property regime, together
with the applicable condominium conversion fee, in such amount as
shall be established from time to time by resolution of the city
council.
9-13-3: COMPLIANCE WITH CITY BUILDING CODE REQUIREMENTS:
In order to satisfy the requirements of this chapter, the existing
building or structure which is to be submitted to the horizontal
property regime must meet all city building code requirements which
are in effect as of the date of filing of the declaration with the
city building official.
Ordinance No. 5092
Page 2
9-13-4: INSPECTION OF STRUCTURE:
Upon the filing of such a declaration with the city building
official, the city building official or designee shall promptly
conduct all necessary site and building inspections to determine
whether the existing structure meets all city building code
requirements described in this chapter.
9-13-5: ISSUANCE OF CERTIFICATE OF COMPLIANCE OR NON-COMPLIANCE:
Within sixty (60) days of the date of filing of such declaration
with the city building official, the city building official shall
either:
A. Issue to the declarant a certificate of compliance of the
existing structure, if the existing structure meets all
city building code requirements described in this
chapter; or
B. Issue to the declarant a certificate of non-compliance of
the existing structure, stating with specificity wherein
the existing structure does not meet the city building
code requirements described in this chapter.
9-13-6: FAILURE TO COMPLY WITH CONVERSION REQUIREMENTS:
Upon determining that a declarant has filed a declaration with the
county recorder without first having received from the building
official a certificate of compliance as provided in this chapter,
the building official shall issue a notice of non-compliance to the
declarant. The declarant will have sixty (60) days from the date
of issuance of said notice in which to comply with the requirements
of this chapter. If a certificate of compliance is not secured
within the 60 -day period, the building official shall record a
notice of non-compliance in the office of the Black Hawk County
Recorder.
9-13-7: VIOLATION; PENALTY:
Any person who violates the requirements of this chapter shall be
guilty of a municipal infraction, subject to prosecution and
penalty in accordance with Section 1-3-2 of this code.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
February 13, 2012
February 13, 2012
February 13, 2012
February 13, 2012
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 13th day of February, 2012, and approved by
the Mayor on the 13th day of February, 2012.
ATTEST:
c
Suzy Sch res, CMC
City Clerk
t G. Clark, Mayor
Ordinance No. 5092
Page 3
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. 5092, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 13th day of February, 2012.
2012.
SEAL
Witness my hand and seal of office this 13th day of February,
Suzy Sch.r- , CMC
City Clerk
sf
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the annexed copy of
1378826
ORDINANCE NO. 5092 AN ORDINANCE AME
notice was published in the WATERLOO/CEDAR FALLS
a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
commencing on 33/29/2012, in the issues of
03/29/2012
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said
newspaper, and that the following is a correct
bill for publishing said notice.
Printer
s Bill $42 97
Signed
Subscribed and sworn to before me this
Received of
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
COURIER I ORDINANCE'NO. 8092
AN ORDINANCE AMENDING THE
2007 CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY ADD-
ING A NEW' CHAPTER 13, CONDO-
MINIUM CONVERSION, OF TITLE 9,
BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF WATERLOO,
IOWA:
That a new Chapter 13, Condominium
Convention; of Title 9, Building Regula-
tions, is hereby enacted:as follows;;
TITLE 9
CHAPTER 13
CONDOMINIUM CONVERSION
9-13-1:CONVERSION OF EXISTING
STRUCTURE TO HORIZONTAL PROP-
ERTY REGIME(CONDOMINIUM):
When all of the owners of real property or
all of the lessees under a lease of real
property desire to submit a parcel of real
property located in the city, upon which
an existing building or structure is locat-
ed, to the horizontal property regime
established by Iowa Code Chapter499B,
the declarant shall file the declaration of
the horizontal property regime with the
city building Official of the City of Water-
loo at least sixty (60) days before the
declaration is recorded in the office of
the Black Hawk County Recorder, to en-
able the City to establish that the existing
building or structure meets the applica-
ble building code requirements of the
city, as specified in Iowa Code Section
4998.20 and as described in this
chapter.
9-13-2: FILING OF "AS BUILT" PLANS:
In compliance with all requirements of
Iowa Code Chapter 499B and this chap-
ter, the declarant shall submit to the city
building official at the time Of filing of the
declaration a full and exact copy of "as
built" plans of the existing structure in
sufficient detail to allow the city building
official to determine whether the existing
structure meets the building code re-
quirements of the city which are in effect
as of the date of the proposed cOnver-
sion of the existing structure to the hori-
zontal property regime, together with the
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