Loading...
HomeMy WebLinkAbout2014-11-04 Ordinancer !lll _41 CITY OF IOWA CITY $ ® ��. M E M 0 RA N D U M Date: October 30, 2014 To: Tom Markus, City Manager From: Jann Ream, Enforcement Specialist Re: Multiple Housing Cooperative Conversion Code In recent years there has been a spate of commercial apartment building owners conveying their buildings to multiple housing cooperatives they control as a means of cutting their property taxes. Typically these conversions are made without any improvements to the properties, and are done without any notice to the actual residents living there. Assuming the cooperative is properly organized, the classification changes from commercial to residential, resulting in the property taxes paid to the City, county, school district, and other taxing bodies being cut by approximately 50 %. The reduction in property tax revenue does nothing to reduce the services needed by the owners or residents of the buildings. Nor is the health or safety of the residents, or their neighbors, improved. Requiring that conveyances to multiple housing cooperatives be accompanied by bringing the buildings up to building code compliance would go far in improving the accessibility of the buildings and the health and safety of the residents, and the broader community. A change in ownership, from the present owner to a multiple housing cooperative, is an appropriate time to require this compliance. This is because a change in ownership structure can have a significant impact upon the safety and usability of the building. When a building is owned by a single owner, that owner has full control and responsibility for maintaining and operating their property, and bears any casualty loss to the building. If the same building is converted to a condominium, or conveyed to a multiple housing cooperative, the ownership and control of the building is split up, and measures that keep a building current with modern building code are made more difficult because of the shared nature of ownership and decision making. Similarly, building code compliance is already required upon conversion to condominiums. Older structures that are not building code compliant represent a greater risk, and greater financial burden, to a community if they lack the features that minimize the need for community resources. A reduction in a structure's financial contribution to the community should be limited to those structures that meet standards that minimize these costs. I will describe those features in greater detail below. These upgrades not only provide for the safety and well -being of the occupants, but also minimize the need for local community assistance from Fire Department and EMS personnel, low income energy assistance, weatherization, and building maintenance and enforcement personnel. There are two general areas under which building code compliance would address the concerns described above: 1) Life Safety & 2) Accessibility code requirements. Life Safety building code requirements, such as requirements for an automatic sprinkler system, fire alarm system, fire door assemblies, one -hour fire resistive dwelling unit separation, arc -fault breakers and safety glazing on windows all help prevent and minimize the spread of a fire once it has started, which reduces the chance of personal injuries and loss of property. Other Life Safety standards such as requirements for emergency escape and rescue openings, attic access openings, emergency lighting and exit enclosure ventilation systems all help residents of the building escape the building during an event, and help emergency response personnel with October 30, 2014 Page 2 the rescue process during an event, whether it be a fire, gas leak or natural disaster. In general, modern building code standards attempt to minimize loss (personal and property) and reduce the risk if and when there is a fire, gas leak, power outage or natural disaster. Modern building code requirements also help reduce the chance of the spread of a fire to neighboring properties, thereby improving life safety for the neighborhood in which the structure is located. Accessibility code requirements such as graspable hardware, ADA- compliant ramps, bathroom and kitchen layouts, accessible entrances and parking, stairway handrails, and locations of outlets, light switches and environmental controls all help make the structure more accessible to persons with disabilities, elderly, and other segments of the population which benefit from accessible features. All of these accessibility code requirements would be reviewed and applied where appropriate when considering a multiple housing cooperative conveyance. Accessibility has been a goal both locally and state -wide due to the aging population and the desire to allow for a building to serve a variety of potential residents over the life of the building. Requiring that buildings being conveyed to multiple housing cooperatives be building code compliant would, at least in part, make up for the resulting loss of revenue to the City. Staff recommends that Council approve the proposed ordinance. Cc: Geoff Fruin, Assistant City Manager Doug Boothroy, Director of Neighborhood & Development Services Tim Hennes, Senior Building Inspector Stan Laverman , Senior Housing Inspector IF Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, TO READ "CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE "; AND ADDING SECTION 17 -10 -2, "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" TO GOVERN CONVEYANCES OF BUILDINGS TO MULTIPLE HOUSING COOPERATIVES. WHEREAS, in recent years, numerous owners of commercial apartment buildings have conveyed their property to multiple housing cooperatives they control in an effort to reduce their property taxes by approximately 50 %; and WHEREAS, the great reduction in revenue to the City from the buildings in question is not accompanied by any reduction in the City services needed by the building owners or residents; and WHEREAS, requiring that conveyances to multiple housing cooperatives be preceded by bringing the buildings up to building code compliance would go far in improving the accessibility of the buildings and the health and safety of the residents, and the broader community; and WHEREAS, a change in ownership, from the present owner to a multiple housing cooperative, is an appropriate time to require building code compliance, because a change in ownership structure can have a significant impact upon the safety and usability of the building; and WHEREAS, when a building is owned by a single owner, that owner has full control and responsibility for maintaining and operating their property, and bears any casualty loss to the building, but if the same building is converted to a condominium, or conveyed to a multiple housing cooperative, the ownership and control of the building is split up, and measures that keep a building current with modern building code are made more difficult because of the shared nature of ownership and decision making; and WHEREAS, older structures that are not building code compliant represent a greater risk, and greater financial burden, to a community if they lack the features that minimize the need for community resources; and WHEREAS, a reduction in a structure's financial contribution to the community should be limited to those structures that meet standards that minimize these costs; and WHEREAS, bringing an apartment building up to building code not only provides for the safety and well -being of the occupants, but also minimizes the need for local community assistance from Fire Department and EMS personnel, low income energy assistance, weatherization, and building maintenance and enforcement personnel; and WHEREAS, there are two general areas under which building code compliance would address the concerns described above: 1) Life Safety & 2) Accessibility code requirements; and WHEREAS, Life Safety building code requirements, such as requirements for an automatic sprinkler system, fire alarm system, fire door assemblies, one -hour fire resistive dwelling unit separation, arc -fault breakers and safety glazing on windows all help prevent and minimize the spread of a fire once it has started, which reduces the chance of personal injuries and loss of property; and WHEREAS, other Life Safety standards such as requirements for emergency escape and rescue openings, attic access openings, emergency lighting and exit enclosure ventilation systems all help residents of the building escape the building during an event, and help emergency response personnel with the rescue process during an event, whether it be a fire, gas leak or natural disaster; and WHEREAS, in general, modern building code standards attempt to minimize loss (personal and property) and reduce the risk if and when there is a fire, gas leak, power outage or natural disaster; and WHEREAS, modern building code requirements also help reduce the chance of the spread of a fire to neighboring properties, thereby improving life safety for the neighborhood in which the structure is located; and WHEREAS, accessibility code requirements such as graspable hardware, ADA- compliant ramps, elevators, bathroom and kitchen layouts, accessible entrances and parking, stairway handrails, and locations of outlets, light switches and environmental controls all help make the structure more accessible to persons with disabilities, elderly, and other segments of the population which benefit from accessible features; and WHEREAS, accessibility has been a goal both locally and state -wide due to the aging population and the desire to allow for a building to serve a variety of potential residents over the life of the building; and WHEREAS, requiring that the conveyances be accompanied by bringing the buildings up to then - current building code standards would, at least in part, make up for the resulting loss in revenue to the City by reducing the need for City services, while at the same time improving the life safety of the residents of the building and their neighbors, and increasing accessibility. WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, is hereby amended by replacing the Chapter 10 title with the following: CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE TITLE 17, BUILDING AND HOUSING, CHAPTER 10 is hereby further amended by adding a new section, 17 -10 -2, entitled "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" as follows: 17 -10 -2: MULTIPLE HOUSING COOPERATIVE CONVERSION CODE: A. No conveyance of any residential building or portion thereof to a multiple housing cooperative shall take place without the building first conforming to the City Building Code then in effect. B. Unless a certificate of occupancy confirming compliance with the current building codes has been issued by the building official, no person shall file or record an instrument in the office of the county recorder conveying an interest in real estate located in the city to a multiple housing cooperative. C. At least 60 days before an instrument of conveyance is filed or recorded in the office of the county recorder, the applicant shall electronically file a copy of such instrument, together with the following documents, with the building official, and shall also pay a conversion fee in the amount set in the schedule of fees adopted by the city council by resolution: 1. An as -built plan for the entire structure. 2. A building code analysis prepared by an architect or professional engineer, licensed in the state of Iowa, demonstrating that the structure conforms with then - current building codes, or can be brought into conformance with then - current building codes by planned improvements to be made to the structure. 3. If the structure is not in conformance with then - current building codes, the as -built plan and building code analysis must be accompanied by construction plans detailing planned improvements to bring the structure into conformance with then - current building codes. D. Upon receipt of the code analysis, as -built plans, construction plans when necessary, and conversion fee, the building official shall review the documents and conduct such inspections of the structure as s /he may deem appropriate to determine whether or not the structure conforms with the requirements of this section, or can be made compliant with proposed construction plans. Within sixty (60) days of receipt of the documents and the conversion fee, as provided above, the building official shall issue a certificate of occupancy or provide written notification to the applicant regarding existing structural deficiencies and /or the failure of construction plans to meet applicable codes. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2014. MMOINS ATTEST: CITY CLERK Apyroved by �0 3a1� City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/04/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway Second Consideration _ Vote for passage: Date published s Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6 OF THE CITY CODE, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 4, ENTITLED "NOISE CONTROL," TO SIMPLIFY AND CLARIFY THE NOISE CONTROL PROVISIONS, TO DELETE PERMITS BASED ON DECIBEL LEVELS, AND TO REGULATE LOUD CAR RADIOS. WHEREAS, although Section 6 -4 of the City Code presently authorizes the City to approve four types of sound permits based on decibel levels, the City has not issued such permits for many years; WHEREAS, to enforce such an ordinance, City staff would need a decibel meter; WHEREAS, a decibel meter is not effective in measuring bass sound; WHEREAS, the disorderly house provision in Section 8 -5 -5 has been very effective in regulating noise, including amplified sound, in residential areas; WHEREAS, other sections of the City Code allow staff to issue sound permits; WHEREAS, the City Code presently does not include an effective way to regulate loud music coming from a car radio, which has been a source of resident complaints over the years; WHEREAS, this ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; and WHEREAS, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," is deleted in its entirety and the following new Chapter 4, entitled "Noise Control" is substituted in lieu thereof: 6 -4 -1: DEFINITIONS: As used in this chapter, the following definitions shall apply: Amplified Sound: To increase sound in intensity and duration by electrical, electronic, mechanical or other nonhuman means, including an electronic device. Noise Disturbance: Any loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; Person: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Plainly Audible: Any sound for which the information content of the sound is transferred to the listener such as, but not limited to, understanding of spoken speech, comprehension of whether a voice is raised or lowered or comprehension of musical rhythms. Public Place: Any street, avenue, boulevard, highway, sidewalk or alley or similar place owned or controlled by the city, including any structure or park. Real Property Line: An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions. Sound Production Device: Radio, tape player, disc player, loudspeaker, digital audio player, portable media player or other electric, electronic or mechanical device that produces or reproduces sound. 6 -4 -3: SPECIFIC ACTIVITIES PROHIBITED: A. No person shall play or operate, or permit the playing or operating of, a sound production device within a motorized vehicle that is plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet or more from the vehicle; and, 2) for more than thirty (30) continuous seconds. B. No person shall cause or create, or permit the causing or creating of, a noise disturbance that is plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet; and, 2) for more than thirty (30) continuous seconds. C. No person shall use amplified sound in City Plaza except with a permit authorized in Title10. D. No person shall use amplified sound in violation of Section 8 -5 -5 of this Code. E. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. the following morning as to create a noise disturbance across the property line of residentially zoned property. E. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following morning as to create a noise disturbance across the property line of residentially zoned property. F. No person shall operate construction equipment before seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. unless a permit therefor has been obtained from the city engineer. 6 -4 -4: EXCEPTIONS TO PROVISIONS: The provisions herein shall not apply to: A. The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency or the approved testing thereof. B. The emission of sound in the performance of emergency work, including snow removal and maintenance of trees. C. Emergency vehicles, such as fire trucks and ambulances. D. Essential services, such as electrical substations and safety devices. E. Construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. "Maintenance activities" shall be nonroutine operations, temporary in nature and conducted infrequently. F. Cement sawing of freshly poured concrete street, alley, sidewalk or road surface. G. Any person emitting sound pursuant to a permit under Title 10 of this Code. H. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including by not limited to, school athletic and school entertainment events. I. Events conducted by affiliated groups, as that term is defined in Title 10, Chapter 1 of this Code or if, sponsored or funded, in whole or in part, by a governmental entity. J. Equipment used for political advertisements. K. Equipment used for public health and safety purposes. L. Church or clock carillons, bells or chimes or other reasonable sounding of devices from houses of worship. M. Parades, processions or other public events for which a parade or other permit has been issued, provided the conditions of the permit are complied with. N. Car or truck horns or similar devices when used to denote danger or a warning or possible danger. 6-4 -5 VIOLATION: Violation of this chapter shall be considered a municipal infraction punishable by a penalty as provided for in section 1-4-2D1 of this code or a simple misdemeanor punishable by a fine of $65.00. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2014. MAYOR ATTEST: CITY CLERK ADDroved. S City Attorney Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10/21/2014 Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens, Hayek, Mims. NAYS: None. ABSENT: Dobyns. Second Consideration 11/04/2014 Voteforpassage: AYES: Mims, Payne, Throgmorton, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: Botchway. Date published