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HomeMy WebLinkAbout3603-11/28/1988 ORDINANCE NO. 3603 AN ORDINANCE AMENDING CHAPTER 19 , HOUSING, OF THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 19-7 , ENFORCEMENT AUTHORITY; SECTION 19-11 , RIGHT OF ENTRY; SUBSECTION (a) OF SECTION 19-17 , FEES; SECTION 19-20 , NOTICES AND ORDERS OF BUILDING OFFICIAL; SECTION 19-21 , RECORDATION OF NOTICE AND ORDER; SECTION 19-22 , REPAIR, VACATION AND DEMOLITION; SECTION 19-23 , NOTICE TO VACATE; SUBSECTIONS (a) , (b) , (c) , (d) AND (e) OF SECTION 19-24 , APPEAL; SECTION 19-27 , STAYING OF ORDER UNDER APPEAL; AND SECTION 19-28 , COMPLIANCE, OF CHAPTER 19 , HOUSING; AND BY ENACTING IN LIEU THEREOF NEW SECTION 19-7 , ENFORCEMENT AUTHORITY; SECTION 19-11 , RIGHT OF ENTRY; SUBSECTION (a) OF SECTION 19-17 , FEES; SECTION 19-20 , NOTICES AND ORDERS OF FIRE CHIEF; SECTION 19-22 , REPAIR, VACATION AND DEMOLITION; SECTION 19-23 , NOTICE TO VACATE; SUBSECTIONS ( a) , (b) , (c) , (d) AND (e) OF SECTION 19-24 , APPEAL; SECTION 19-27 , STAYING OF ORDER UNDER APPEAL; AND SECTION 19-28 , COMPLIANCE, OF CHAPTER 19 , HOUSING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Section 19-7 , Enforcement Authority; Section 19-11 , Right of Entry; Subsection ( a) of Section 19-17 , Fees ; Section 19-20 , Notices and Orders of Building Official; Section 19-21, Recordation of Notice and Order; Section 19-22 , Repair, Vacation and Demolition; Section 19-23 , Notice to Vacate; Subsections ( a) , (b) , (c) , (d) and (e) of Section 19-24 , Appeal; Section 19-27 , Staying of Order under Appeal; and Section 19-28 , Compliance, of Chapter 19 , Housing, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety. That new Section 19-7, Enforcement Authority; Section 19-11 , Right of Entry; Subsection ( a) of Section 19-17 , Fees ; Section 19-20 , Notices and Orders of Fire Chief ; Section 19-22 , Repair, Vacation and Demolition; Section 19-23 , Notice to Vacate; Subsections (a) , (b) , (c) , (d) and (e) of Section 19-24 , Appeal; Section 19-27 , Staying of Order under Appeal; and Section 19-28 , Compliance, of Chapter 19 , Housing, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: Sec. 19-7 . Enforcement Authority. The Fire Chief or his designee is hereby authorized and directed to enforce all of the provisions of this code. For such purposes, the Chief shall have the powers of a law enforcement officer. Wherever Fire Chief is used in this code, it shall also mean the Chief ' s designee. Sec. 19-11 . Right of Entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Fire Chief has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Fire Chief may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Fire Chief by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request bLJ ,:L�� PALE 01 Ordinance No. 3603 Page 2 entry; he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Fire Chief shall have recourse to every remedy provided by law to secure entry. (b) When the Fire Chief shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Fire Chief for the purpose of inspection and examination pursuant to this code. Sec. 19-17. Fees. (a) An inspection fee of twenty-five dollars ( $25. 00) shall be charged for the inspection of a building and first dwelling unit, plus a fee of ten dollars ( $10. 00) for each subsequent dwelling unit of said building. Sec. 19-20 . Notices and Orders of Fire Chief. (a) Commencement of Proceedings. Whenever the Fire Chief has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. (b) Notice and Order. The Fire Chief shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: ( 1) The street address and a legal description sufficient for identification of the premises upon which the building is located. ( 2) A statement that the Fire Chief has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of this code. ( 3 ) A statement of the action required to be taken as determined by the Fire Chief. ( i) If the Fire Chief has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Fire Chief shall determine is reasonable under all of the circumstances. ( ii) If the Fire Chief has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Fire Chief to be reasonable. ( iii) If the Fire Chief has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Fire Chief shall determine reasonable (not to exceed 60 days from the date of the order) ; that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Fire Chief shall determine is reasonable. BOi K 2 NU. 7.m6A2 Ordinance No. 3603 Page 3 ( 4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Fire Chief may: ( i) Order the building vacated, secured and posted to prevent further occupancy until the work is completed, and ( ii) Issue a citation for failure to obey order. ( 5 ) Statements advising ( i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Fire Chief to the Housing Appeals Board, provided the appeal is made in writing as provided in this code, and filed with the City Clerk within 30 days from the date of service of such notice and order; and ( ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (c) Service of Notice and Order. The notice and order, and any amended or supplemented notice and order, shall be served upon the record owner and/or occupant; and one copy thereof shall be served on each of the following if known to the Fire Chief or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Fire Chief to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the Fire Chief. If no address of any such person so appears or is known to the Fire Chief, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Fire Chief. Sec. 19-22. Repair, Vacation and Demolition. (a) Standards to be Followed. The following standards shall be followed by the Fire Chief (and by the Housing Appeals Board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure; $O 2 K FACE 4B3 Ordinance No. 3603 Page 4 ( 1) If any building is declared a substandard building under this Ordinance, it shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. ( 2 ) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. Sec. 19-23 . Notice to Vacate. (a) Posting. Every notice to vacate shall, in addition to being serviced as provided in Section 19-20(c) , be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. FIRE CHIEF CITY OF WATERLOO (b) Compliance. Whenever such notice is posted, the Fire Chief shall include a notification thereof in the notice and order issued by him under Subsection (b) of Section 19-20, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. Sec. 19-24 . Appeal. (a) Form of Appeal. Any person entitled to service under Section 19-20(c) may appeal from any notice and order or any action of the Fire Chief under this code by filing at the office of the City Clerk a written appeal containing: ( 1 ) A heading in the words , "Before the Housing Appeals Board of the City of Waterloo" . ( 2) A caption reading, "Appeal of giving the names of all appellants participating in the appeal. ( 3 ) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. ( 4) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. ( 5 ) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their official mailing addresses. p!nt yy, r8c3 U J ME 404 Ulif ►„ Ordinance No. 3603 Page 5 (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (b) Time for Appeal. The appeal shall be filed within thirty ( 30 ) days from the date of the service of such order or action of the Fire Chief; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with this code, such appeal shall be filed within ten ( 10) days from the date of the service of the notice and order of the Fire Chief. (c) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk shall present it at the next regular or special meeting of the Housing Appeals Board. (d) Housing Appeals Board. The Housing Appeals Board shall consist of five ( 5) members with three ( 3 ) members necessary to conduct a meeting, hearing or make any decision. Two members shall be appointed for two-year terms; and three members shall be appointed for three-year terms. The Board shall consist of a homebuilder, a lawyer, a tenant, a landlord and a member-at-large. (e) Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal the Housing Appeals Board shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the City Clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Sec. 19-27. Staying of Order Under Appeal. Except for vacation orders made pursuant to this code, enforcement of any notice and order of the Fire Chief issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. Sec. 19-28. Compliance. (a) General. After any order of the Fire Chief or Housing Appeals Board made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the Fire Chief or Housing Appeals Board made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Fire Chief may: ( 1) cause such person to be prosecuted under Subsection (a) of this section or ( 2) institute any appropriate action to abate such building as a public nuisance. (c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: BOA 44,a4J °AI E 5 Ordinance No. 3603 Page 6 ( 1) The Fire Chief shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. FIRE CHIEF CITY OF WATERLOO ( 2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Fire Chief has been completed. INTRODUCED: November 14, 1988 PASSED 1ST CONSIDERATION: November 14, 1988 PASSED 2ND CONSIDERATION: November 21, 1988 PASSED 3RD CONSIDERATION: November 28 , 1988 Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 28th day of November, 1988 , and approved by the Mayor on the 30th day of November, 1988 . Bernard L. McKinley, Mayor ATTEST: / _m/e2/ ./1 Larry P. Burger, City Clerk , ditor 7 f j'6 CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3603 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 28th day of November, 1988. Witness my hand and seal of office this 30th day of November, 198 , xo, Larr = P. S rger, ity erk/Auditor ND6XED � �J I COMPARED r6A BLACK HAWK COUNTY. iU A:SS PAGED( Filed,fpr record,. ,;- 19 gJ at P M, and reed in i'11,,oc_. Book af3 Page 510 CD Recorder o Dew Fee 36- oa Boa PACE 408