HomeMy WebLinkAbout04.19.2004ORDINANCE COMMITTEE
April 19, 2004
4:15 p.m.
Council Chambers
Members present: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper.
Moved by Kincaid, seconded by Gunderson that the Agenda, as proposed, be approved. Ayes:
Seven. Motion carried.
The adoption of the 2003 International Fire Code and 2003 Life Safety Code was reviewed. Lou
Cutwright, Building Official/Maintenance Administrator, reviewed the codes. The Fire
Department is currently using the 1997 Uniform Fire Code and the 1997 Life Safety Code.
There have been two updates to each code since the 1997 codes were adopted by the city. These
codes will bring the Fire Department into compliance with the International Code and will allow
Waterloo Fire Rescue and the Building Department to work off the same codes. The codes will
make it safe not just for the occupants but for the firefighters. The Life Safety Code is an
upgrade and is more structured on combustible materials that are allowed in a fire district. The
Life Safety Code is more restrictive but makes it safer for occupants. The codes are not
retroactive, but if extensive remodeling is done to a building, they will have to bring the entire
building up to code. All the new schools are being built under the 1997 Uniform Fire Code but
are designed under the 2003 International Code. Moved by Gunderson, seconded by Cole that
the 2003 International Fire Code and 2003 Life Safety Code be forwarded to the full council for
approval. Ayes: Seven. Motion carried.
The adoption of the 2003 International Maintenance Code and implementation of a
Comprehensive Inspection and Building Department were reviewed. Mr. Cutwright indicated he
spoke with Fire Chief Ned DeBerg who agrees with his department handling the rental
inspections. In conversation with Ethel Washington, Director of Waterloo Housing Authority,
she thought it was a good idea and maybe his department could assist her with Section 8 housing.
Mr. Cutwright explained the adoption of the 2003 International Maintenance Code is necessary
to provide the consistent enforcement backbone for the proposed Comprehensive Inspection and
Building Department. The Comprehensive Inspection and Building Department would provide
the following benefits:
1. With permit fee increases, fee collection for rental inspection budget impact will
be neutral.
2. Provide a tangible code to assist property owners and the city to work together to
improve neighborhoods.
3. Provide a comprehensive code enforcement process that aids economic
development.
The adoption of the International Maintenance Code will address front yard parking and blowing
of litter throughout the city.
Mr. Cutwright reviewed staffing needs required for comprehensive inspection services. The
additional positions include: Chief Housing/Code Enforcement Inspector, Housing
Inspector/Code Enforcement Inspector, Housing Inspector/Code Enforcement Inspector and
Rental Housing Clerk/Receptionist. Three additional enforcement officers will need to be hired.
Mr. Cutwright stated that rental owners ask why should they fix up their property when private
owners on both sides of their building are not required to fix up their properties. The proposed
ordinance will allow the city to assist the property owners with problems. A hardship section
will be included in the code, and possibly tap into Community Development funding for low-
income citizens and utilize volunteers.
The proposed code will address front yard parking, storage of vehicles and off street parking.
The definition of recreational vehicles would include boats, trailers, campers, motor -homes and
any vehicle not driven once every 48 hours. A survey completed by Neighborhood Services
suggests the need to control automobile and recreational vehicles that routinely park on the
grassy area of the front yard of many dwellings in the city.
Ordinance Committee
April 19, 2004
Page 2
Section 101.3 of the International Property Maintenance Code states in part that this code shall
be construed to secure the express intent, which is to ensure public health, safety and welfare in
so far as they are affected by the continued occupancy and maintenance of structures and
premises.
Section 307 of the Waterloo Code of Ordinances currently addresses the rubbish and garbage
issues. It deals with containers and making sure containers are covered and gives the city the
means to request the container be covered. If property owner does not keep the container
covered, a citation could be written.
Mr. Cutwright noted the International Property Maintenance Code is set up for the purpose of
having a comprehensive inspection for interior and exterior of the homes. To implement the
code, additional staff would be needed. A three-year inspection cycle would be used. Mr.
Cutwright stated that hopefully the inspection and permit fees would cover the new staff and
one additional position could be funded from the solid waste funds set aside for code
enforcement.
Mr. Cutwright explained that the code gives the code enforcement officers authority to go on the
property and ask the owners if was can assist them. At first, the ordinance will be enforced by
complaint, and then the code enforcement staff would be divided by sections, using three
officers. Two officers would be placed in the largest complaint areas. Ward 1 and 2 could be
combined with one code enforcement officer. There would be a total of six code enforcement
officers and one clerk for the office.
Mr. Cutwright reported that several communities in the State of Iowa are using the International
Property Maintenance Code and hundreds of communities over the country.
Mr. Cutwright stated that the starting date for the implementation of the parking ordinance has
been put at 180 days for everyone to become in compliance, but the council can make the
decision how long citizens will have to be in compliance or set a certain date to be in
compliance.
Don Temeyer, Community Planning and Development Director, reported that Community
Development Block Grant funds cannot be used for property maintenance, as there is only
emergency funds for rehabilitation. Mr. Temeyer stated the city will need to really think about
where we will get the money for people who can't afford to be in compliance. Mr. Cutwright
stated that about four banks have indicated they understand neighborhood cleanup is good for the
whole community, and they talked about donating paint and having a volunteer group help to
spruce up the neighborhoods.
Councilperson Greenwood asked what is the reason we do not move ahead with the proposed
ordinance. Mr. Cutwright responded budget concerns, and it is a very controversial issue and the
council has to have the political will to move forward. Councilperson Welper stated most of the
calls he receives is parking on the front yard, and he is ready to move forward with the
ordinance.
Councilperson Schmitt stated citizens will be very limited as to where they can park, and a lot of
people will be saying they need a place to park their second vehicle. Councilperson Schmitt
agreed the city needs to get the vehicles off the front yard, but feels the city needs to be able to
make recommendations. Mr. Cutwright responded there is a section in the ordinance which
deals specifically with parking on the front yard on hard surface. Councilperson Gunderson
agreed that we need to move forward with the ordinance.
The council will review parking on the front yard next week.
With no further business before the council, it was moved by Clark, seconded by Gunderson that
the meeting be adjourned at 5:05 p.m. Ayes: Three. Motion carried.
Nancy Eckert
City Clerk
• •