HomeMy WebLinkAbout02/13/2012ORDINANCE COMMITTEE
February 13, 2012
4:50 p.m.
Council Chambers
Roll Ca11: Members: Chairperson Mayor Pro Tem
All Council Members
Approval of Agenda, as proposed.
NEW BUSINESS
1. New Condominium Conversion Ordinance —Submitted by Craig Clark,
Building Official/Maintenance Administrator.
ADJOURNMENT
Suzy Schares
City Clerk
CITY OF WATERLOO
Ordinance Committee Communication
City Council Meeting: February 13, 2012
Prepared: February 8, 201Z
Dept. Head Signature: 6'
# of Attachments: 1
SUBJECT: Condominium Conversion
Submitted by: Craig Clark Building Official
Recommended City Council Action: Approval of new condominium conversion ordinance.
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information: The addition of this ordinance would require that all apartments
(existing structures) would have to be converted to meet the current code at the time of filing.
State law 499B is a State requirement that gives local jurisdiction on the authority to verify the
condominium conversions meet code. This ordinance would make it a Municipal infraction and
give local citizen direction.
ORDINANCE NO.
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 ' 499B.20 and as described in this chapter.
9-13-2: Filing ofAAs 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.
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.
PASSED AND ADOPTED by the City Council this day of , 2012, and
approved by the Mayor this day of , 2012.
ATTEST:
Suzy Schares, City Clerk
2
Ernest G. Clark, Mayor
Iowa Code 499B Page 9 of 9
In a voluntary conveyance the grantee of an apartment shall be
jointly and severally liable with the grantor for all unpaid
assessments against the latter for the grantor's share of the common
expenses up to the time of the grant or conveyance,without prejudice
to the grantee's right to recover from the grantor the amounts paid
by the grantee therefor. However, any such grantee shall be entitled
to a statement from the council of co -owners or its representatives,
setting --forth the amount of the unpaid assessments against the
grantor and such grantee shall not be liable for, nor shall the
apartment conveyed be subject to a lien for, any unpaid assessments
against the grantor in excess of the amount therein set forth.
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.19]
499B:20^-:-CONVERSIONS TO MEET BUILD:ZNCODES.
After April 25, 2000, an existing structure shall not be converted
to a horizontal property regime unless the converted structure meets
local city or county, as applicable, building code requirements in
effect on the date of conversion or the state building code
requirements, as adopted pursuant to section 103A.7, if the local
city or county does not have a building code. For purposes of this
section, if the structure is located in a city, the city building
code applies and if the structure is located in the unincorporated
area of the county, the county building code applies.
Section History: Recent Form
2000 Acts, ch 1142, §4, 5; 2004 Acts, ch 1086, §82
Referred to in § 499B.3
Previous Chapter 499A Next Chapter 500
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