HomeMy WebLinkAboutA003 - Council Action Form dated February 10, 2009 ITEM # �y
DATE: 02/10/09
COUNCIL ACTION FORM
SUBJECT: DANGEROUS BUILDING ORDINANCE
BACKGROUND:
Over the last four years the City has dealt with several buildings that constituted a danger
to Ames citizens. Staff and the City Council discussed problems with enforcement at three
meetings in 2008. After the last presentation, Council directed staff to develop a dangerous
building ordinance that would allow the City to proceed with involuntary compliance in a
timelier manner.
The existing ordinance, adopted in 1992, has proven to be insufficient to deal with the
reduction in these hazards in a timely and efficient manner. Voluntary compliance is always
sought first, and that often takes up to two years. Involuntary compliance can take as long
as seven years. The new ordinance should facilitate more timely compliance in line with
the expectations of neighboring residents.
The City's Inspections and Legal staff has collaborated to retain the best sections of the
existing dangerous building ordinance, to insure compliance with the procedures from the
Code of Iowa, and to incorporate a model code for nuisance abatement from the
International Municipal Lawyers Association (IMLA).
Voluntary compliance will remain the first choice for correction of dangerous buildings. As
a part of the new ordinance, property owners still retain multiple levels of appeal, including
a citizen appeals board. The model code will allow the City to take actions to correct
violations similar to other communities in Iowa and throughout the United States. Such a
model code is also likely to be more easily accepted in court cases.
The proposed ordinance also contains relief options for low income persons. Individuals
meeting the City's existing CDBG criteria for low income, defined as having household
income of not more than 80% of the Story County median income, will be eligible to have
up to $1000 of the cost of abating a dangerous building waived by the Building Official.
Financial assistance above that amount may be provided by action of the City Council.
While there oftentimes is a great amount of staff time devoted to abating a dangerous
building, the attached ordinance generally does not seek to recoup that cost. However, for
the most drawn out cases, the ordinance does require security to cover City costs after an
owner seeks a second time extension from the Building Code Board of Appeals.
The revised dangerous building ordinance is attached.
ALTERNATIVES:
1. Adopt the proposed revision to the City's dangerous building ordinance with provisions
for abatement of dangerous buildings.
2. Direct staff to make changes to the proposed ordinance.
3. Reject the proposed ordinance and retain the existing code language.
MANAGER'S RECOMMENDED ACTION:
By utilizing the nuisance abatement ordinance from the IMLA, the City will be in a better
position to correct dangerous situations in a timely manner. In response to a Council
request, the proposed dangerous building ordinance also adds provision for limited financial
relief for low income property owners. The new ordinance will better protect both our
citizens at large and surrounding property values.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving passage of the proposed revision to the dangerous
building ordinance.