HomeMy WebLinkAbout2013-01-21-Ordinance 2723_Building Code, Multiple Housing CooperativeORDINANCE NO.2723
AN ORDINANCE TO AMEND CHAPTER 222,BUILDING CODE REGULATIONS
AND PENALTIES FOR VIOLATIONS,BY AMENDING 222.6 TO ADD A SECTION
PERTAINING TO CONVERSION TO CONDOMINIUM OR MULTIPLE HOUSING
COOPERATIVE
BE IT ORDAINED by the City Council of the City of Waukee,Iowa that Section 222.6
of the Waukee Municipal Code should be amended to add the following pertaining to conversion
to condominium or multiple housing cooperative:
B.Conversion to condominium or multiple housing cooperative.
1.The conversion of any residential building or portion thereof to a
horizontal property regime or to a multiple housing cooperative shall be
treated as a change of occupancy classification for the building,
notwithstanding anything in the building codes to the contrary,and shall
conform to the International Building Code.
2.No person shall file or record a declaration in the office of the county
recorder to convert an existing structure located within the city to a
horizontal property regime unless a certificate of occupancy for
compliance with the current building codes has been issued by the
Administrative Official
3.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 unless a certificate of occupancy for
compliance with the current building codes has been issued by the
Administrative Official.
4.At least 60 days before being filed or recorded in the office of the county
recorder,the applicant shall file a copy of such declaration or such
instrument,together with the following documents with the
Administrative Official,and shall also pay a conversion fee in the
amount set in the schedule of fees adopted by the city council by
resolution:
a.Two copies of an as-built plan for the entire structure.
b.Building code analysis prepared by a licensed architect or
professional engineer demonstrating that the structure conforms
with the current building codes,or can be brought into
conformance with the current building codes by planned
improvements to be madc to the structure.
c.Two copies of construction plans for planned improvements to be
made to the structure to bring the structure into conformance with
the current building codes.
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5.Upon receipt of the documents and the conversion fee as provided above,
the Administrative Official shall review the building code analysis and
conduct such inspections of the structure as may be deemed appropriate by
the administrator to determine whether or not the structure conforms with
the requirements of paragraph (I)above.If the Administrative Official
determines that the structure has been shown to be in substantial
compliance with the requirements of paragraph (a)above,the
administrator shall cause a certificate of occupancy to be issued for the use
of the structure as a horizontal property regime or a multiple housing
cooperative.If the structure has not been shown to be in substantial
compliance with the requirements of paragraph (I)above,the
administrator shall give written notice to the applicant of any violations of
the applicable code requirements discovered to exist in the building.
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,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 21 st day ofJanuary,2013,and approved this 21 st day ofJanuary,2013.
Attest:
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