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145.01 Enforcement Officer |
145.05 Conduct of Hearing |
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145.02 General Definition of Unsafe |
145.06 Posting of Signs |
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145.03 Unsafe Building |
145.07 Right to Demolish |
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145.04 Notice to Owner |
145.08 Costs |
145.01 ENFORCEMENT OFFICER. The Council is responsible for the enforcement of this chapter.
145.02 GENERAL DEFINITION OF UNSAFE. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are, for the purpose of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this chapter.
(Code of Iowa, Sec. 657A.1 & 364.12[3a])
145.03 UNSAFE BUILDING. “Unsafe building” means any structure or mobile home meeting any or all of the following criteria:
1. Various Inadequacies. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
2. Manifestly Unsafe. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
3. Inadequate Maintenance. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.
4. Fire Hazard. Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal or Fire Chief to be a fire hazard.
5. Abandoned. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
145.04 NOTICE TO OWNER. The enforcement officer shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the enforcement officer shall give to the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the enforcement officer. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer.
(Code of Iowa, Sec. 364.12 [3h])
1. Notice Served. Such notice shall be served by sending by certified mail to the owner of record, according to Section 364.12[3h] of the Code of Iowa, if the owner is found within the City limits. If the owner is not found within the City limits such service may be made upon the owner by registered mail or certified mail. The designated period within which said owner or person in charge is required to comply with the order of the enforcement officer shall begin as of the date the owner receives such notice.
2. Hearing. Such notice shall also advise the owner that he or she may request a hearing before the Council on the notice by filing a written request for hearing within the time provided in the notice.
145.05 CONDUCT OF HEARING. If requested, the Council shall conduct a hearing in accordance with the following:
1. Notice. The owner shall be served with written notice specifying the date, time and place of hearing.
2. Owner’s Rights. At the hearing, the owner may appear and show cause why the alleged nuisance shall not be abated.
3. Determination. The Council shall make and record findings of fact and may issue such order as it deems appropriate.
145.06 POSTING OF SIGNS. The enforcement officer shall cause to be posted at each entrance to such building a notice to read: “DO NOT ENTER. UNSAFE TO OCCUPY. CITY OF OAKLAND ACRES, IOWA.” Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the enforcement officer and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.†
145.07 RIGHT TO DEMOLISH. In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and may order the enforcement officer to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council.
(Code of Iowa, Sec. 364.12[3h])
145.08 COSTS. Costs incurred under Section 145.07 shall be paid out of the City treasury. Such costs shall be charged to the owner of the premises involved and levied as a special assessment against the land on which the building or structure is located, and shall be certified to the County Treasurer for collection in the manner provided for other taxes.
(Code of Iowa, Sec. 364.12[3h])
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155.01 Title |
155.07 Adoption of International Energy |
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155.02 Adoption of International Building Code |
Conservation Code |
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155.04 Adoption of International Mechanical Code |
155.08 Adoption of International Existing Building Code |
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155.03 Adoption of International Plumbing Code |
155.09 Conflicts |
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155.05 Adoption of National Electrical Code |
155.10 Enforcement as a Municipal Infraction |
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155.06 Adoption of International Residential Code |
155.11 Agreement with Jasper County |
155.01 TITLE. This chapter shall be known and may be referred to as the City of Oakland Acres Building Code.
155.02 ADOPTION OF INTERNATIONAL BUILDING CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Building Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.03 ADOPTION OF INTERNATIONAL MECHANICAL CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Mechanical Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.04 ADOPTION OF INTERNATIONAL PLUMBING CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Plumbing Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.05 ADOPTION OF NATIONAL ELECTRICAL CODE. Pursuant to published notice and public hearing, as required by law, the 2002 National Electrical Code, published by the National Fire Protection Association, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.06 ADOPTION OF INTERNATIONAL RESIDENTIAL CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Residential Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.07 ADOPTION OF INTERNATIONAL ENERGY CONSERVATION CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Energy Conservation Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.08 ADOPTION OF INTERNATIONAL EXISTING BUILDING CODE. Pursuant to published notice and public hearing, as required by law, the 2003 International Existing Building Code, published by the International Code Council, is hereby adopted in full by reference except such portions as may be hereinafter deleted, modified or amended.
155.09 CONFLICTS. Whenever the requirements of this chapter are at variance with the requirements of any applicable and superseding law, rule, regulation or ordinance, the most restrictive or that imposing the higher standard shall govern.
155.10 ENFORCEMENT AS A MUNICIPAL INFRACTION. Any violations of any provision of this chapter shall be enforced as municipal infractions according to procedures established by law, as may from time to time be amended, and as established in Chapter 3 of this Code of Ordinances. Any person violating any of the provisions of this chapter commits a municipal infraction and shall, upon a finding that a violation has occurred, be made to pay a penalty fee equal to the maximum then allowed for municipal infractions under Iowa law for each infraction, including maximum enhanced penalties for any subsequent or continuing infractions. Each day that an infraction is permitted to exist shall constitute a separate infraction. Enforcement of the provisions of this chapter may also be initiated or assisted by means of an action in law or equity, as the case may be, in the Jasper County offices of the Iowa District Court.
155.11 AGREEMENT WITH JASPER COUNTY. The City has entered into an agreement with Jasper County, pursuant to Chapter 28E of the Code of Iowa, regarding the administration of the City of Oakland Acres Building Code. The 28E Agreement is on file at City Hall. Building permit fees are adopted by resolution of the Council.
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† EDITOR’S NOTE: Suggested forms of notice and of a resolution and order of the Council for the administration of this chapter are provided in the APPENDIX to this Code of Ordinances. Caution is urged in the use of this procedure. We recommend you review the situation with your attorney before initiating procedures and follow his or her recommendation carefully.
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