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City of Moville — Ordinance No. 2020-3 (Abandoned & Vacant Buildings)

Moville City Council
An Ordinance amending Chapter 58 Section 58.01

Be it ordained and enacted by the City Council of the City of Moville, Woodbury County, Iowa, as follows:

Section 1. Amending Chapter.  Chapter 58 Section 58.01 shall be amended as follows:
Section 58.01(1) shall read as follows:
1.  Abandoned Building: Any building which is: a) unoccupied and unsecured; or b) unoccupied and secured by means other than those used in the design of the building; or c) declared a dangerous building by the enforcement officer ; or d) unoccupied and unfit for occupancy as determined by a government agency; or e) unoccupied and has housing and building code violations; or f) unoccupied for a continuous period of time over one hundred eighty (180) calendar days.

Section 58.01(7) shall read as follows:
7.  Unoccupied: A lack of physical presence on a regular basis for the purpose for which it was erected or a building unfit for occupancy due to failure to meet minimum standards set out by city ordinance.  The storage of products, materials, or other goods does not constitute occupancy unless authorized by zoning ordinance of the City of Moville.

The following shall be added and numbered Sections 58.01(9), 58.01(10), 58.01(11), and 58.01(12) respectively:
9.  Vacant.  A commercial or industrial building or structure shall be deemed to be vacant if it is unoccupied and/or no person or persons currently operate a lawful business open regularly for business with the exception of holidays and seasonal businesses, and meets one or more of the following:
A. Unsecured or secured by means other than those used in the design of the building;
B. Declared unfit for occupancy as determined by the Building Inspector or other authorized official of the City;
C. Non-compliant with International Property Maintenance Code or other City and State Building Codes as adopted by the City;
D. Existence of housing, building, fire, health and safety, or zoning code violations; or
E. Not receiving service by public utilities.

10.  Partially vacant.  A multi-storied commercial building or structure that has one (1) or more stories vacant, including the ground level store front.  For the purpose of this chapter the ground floor store front must be vacant to be deemed partially vacant.

11.  Building.  Any structure used or intended for supporting or sheltering any use or occupancy.

12.  Structure.  Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.

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

Section 3.  Effective Date.   This ordinance shall be in effect after its final passage, approval and publication as provided by law.

First Reading: May 6, 2020
Second Reading: waived
Third Reading: waived

Passed by the Council on the 6th day of May, 2020 and approved this 6th day of May, 2020.

City of Moville
By: /s/ Jim Fisher
Jim Fisher, Mayor

/s/ Jodi Peterson
Jodi Peterson, City Clerk

Published in The Record
Thursday, May 14, 2020

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