(Audubon, Iowa) – The City Council in Audubon, earlier this week, passed a new ordinance (#767) amending the Code of Ordinances, by adding Chapter 161, pertaining to Commercial Property Maintenance.  The Ordinance reads as follows:

Chapter 161

Commercial Property Maintenance Code.

161. 1. Purpose. The city’s commercial property maintenance code requirements are intended to preserve the structural integrity of the building and property values while assuring a clean and attractive community.

161. 2. Administrative provisions.

1. The provisions of this section shall apply to all existing and future commercial property, including upper story residential use in first floor commercially used buildings.

2. If a section, subsection, sentence, clause, or phrase of this Chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter.

3. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Chapter shall be executed and performed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.

4. Violations of this Chapter may result in the issuance of civil municipal infraction citations and nuisance abatement action by the City with the resulting costs to be reported and certified to the County Treasurer and to be assessed against the property in the same manner as real estate taxes.

161. 3. Minimum requirements. Every owner or operator shall improve and maintain all property under their control to comply with the following minimum requirements:

1. 1. Drainage. All courts, yards, or other areas on the premises shall be properly graded to divert water away from any building or structure.

   2. Weeds. All exterior property areas shall be kept free from weeds as required by this Chapter.

   3. Debris. All exterior property areas shall be properly maintained in a clean and sanitary condition free from debris, rubbish or garbage, physical hazards, rodent harborage and infestation, and animal feces.

   4. Fences, walks, and parking areas. Fences, other minor construction, walks, driveways, parking areas, and similar paved areas shall be properly maintained in a safe, sanitary, and substantial condition. Approved walks shall provide all-weather access to buildings or structures.

   5. Exterior surfaces. Exterior surfaces of buildings and structures not inherently resistant to deterioration shall be treated with a protective coating of non-lead based paint or other suitable preservative which will provide adequate resistance to weathering and maintain an attractive appearance. Any exterior surface treated with paint or other preservative shall be maintained so as to prevent chipping, cracking or other deterioration of the exterior surface or the surface treatment and to present an attractive appearance. All paint or other preservative shall be applied in a workmanlike fashion.

   6. Yard areas. Yard areas of real estate shall not be permitted to deteriorate or remain in a condition that is not in accord with the following: Yard areas shall be kept in a clean and sanitary condition, free from any accumulation of combustible or non-combustible materials (which are not used as an integral part of the authorized business carried out on the premises), debris, refuse, or overgrown vegetation.

   7. General requirements. Every foundation, exterior wall, and roof shall be reasonably weather tight, watertight and rodentproof and shall be kept in proper repair and shall be capable of affording privacy. Any hazardous sagging or bulging shall be properly repaired to a level or plumb position. All chimneys and breeching shall be so constructed and maintained so as to ensure that it safely and properly removes the products of combustion from the building.

   8. Windows and doors. Every window, exterior door, and basement hatchway shall be reasonably weather tight, watertight and rodentproof and kept in proper repair. All door and window hardware shall be installed and maintained in proper working condition. No building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. Where permitted by this Chapter, boarded up windows and doors must be a material that is compatible with the structure being protected and painted a color that is compatible with the building.

   9. Outside stairs and porches. Every outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in proper condition and repair and shall present an attractive appearance. All exterior stairs and steps and every appurtenance thereto shall comply with the requirements specified in the International Existing Building Code as adopted by this Chapter.

   10. Signs for businesses. Every sign for businesses no longer in operation shall be removed within 60 days after business use ceases or, if part of the building structure, painted over or otherwise obscured following the guidelines of subsection 5 of this Section.

   11. Transfer of ownership. Any owner of any property as to which an order or notice to repair, improve, demolish, or vacate has been issued shall not sell or enter into any agreement to sell or lease such property unless such order of the City has been disclosed and displayed to the prospective purchaser or lessee as required.

Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged 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 4. When effective. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.