HomeMy Public PortalAbout2023-068 Resolution Authorizing the City's Attorney to Proceed with Nuisance Abatement Proceedings for the Property Located at 1052 Valley Drive, Riverdale IARESOLUTION 2023-068
Resolution Authorizing the City's Attorney to Proceed with Nuisance
Abatement Proceedings for the Property Located at
1052 Valley Drive, Riverdale, Iowa
WHEREAS, in response to several complaints from residents regarding the property located at 1052 Valley
Drive, Riverdale, Iowa, being a possible nuisance, the Scott County Building Inspector inspected the
property on January 18, 2023, and determined that the property was in violation of the 2015 International
Property Maintenance Code Section 708.7.5 Dangerous Building, Section 304.1.1 Unsafe Conditions (5)(8)(12),
Section 308.1 Accumulation of Rubbish or Garbage, and Section 309.7 Infestation. At that time, it was noted
that, among other things, the interior was in total disarray with clothing, trash, cans and bottles, furniture,
appliances, and miscellaneous rubbish and garbage, the interior of the building had signs of rodents, the
deck guard rail was partially gone due to the decay of the wood components, there were visible signs of
weather infiltration through the roof in the kitchen and garage entrance area, the garage roof, and the
second floor area and that daylight could be seen through the roof, and that the HVAC, plumbing, and
electrical system could not be fully checked due to the accumulation of rubbish in the basement. The Scott
County Building Inspector recommended two options for remediation: (1) that the owner obtain building
permits to repair the exterior of the building and make it weather and rodent tight, or (2) that the owner
sell the property before any procedures are set in place by the City of Riverdale; and,
WHEREAS, on January 24, 2023, the City sent a letter via certified mail to the property owner advising her
of the option to (1) obtain building permits within 30 days of the receipt of the letter and complete the
work within 180 days of the issuance of the permit(s), or (2) within 30 days of receipt of the letter, determine
to sell the property as -is before any further action is taken by the City; and,
WHEREAS, the City met with the owner of the property who chose to obtain building permits and to repair
the exterior of the building and make it weather and rodent tight within the timeframes listed above; and,
WHEREAS, after the owner made some progress on the property, the Scott County Building Inspector
again inspected the building on May 3, 2023, and determined that, while significant progress had been
made, portions of the roof were still not weather tight, that the garage roof and walls still had visible
openings to the outside, and that running water, operable sewer, and functioning heat, electrical, and
plumbing would all be required before a Certificate of Occupancy could be issued.
WHEREAS, the property owner attended a City Council meeting on May 9, 2023, and agreed to decide by
the June 13, 2023, City Council meeting whether she would have the funding secured to continue to repair
the structure to bring it up to code or sell the property; and,
City of Riverdale, Iowa
110 Manor Drive, Riverdale, Iowa 52722 1 (563) 355-2511 1 www.riverdaleia.org
Anthony Heddlesten, Mayor
WHEREAS, on June 13, 2023, the property owner was not in attendance at the City Council meeting;
however, she advised that she had the funding in -place and intended to repair the structure to bring it up
to code; City Council determined that proof of building permits being obtained would be required by the
June 27, 2023, City Council meeting, which was conveyed to the property owner; however, proof of building
permits have not been received by the City and the Scott County Building Inspector reports that permits
have not been obtained for the property located at 1052 Valley Drive; and,
WHEREAS, on July 11, 2023, City Council ordered the Clerk to begin nuisance abatement proceedings for
the property located at 1052 Valley Drive, Riverdale, Iowa; and,
WHEREAS, the City's attorney has agreed to execute the documents required by law in order to abate the
nuisance property located at 1052 Valley Drive, Riverdale, Iowa; and,
WHEREAS, the funding source for this action is 001-640-6411 General Government, Legal Services &
City Attorney, Legal Expense.
NOW THERE FOR IT BE RESOLVED by the City Council of the City of Riverdale, Iowa, as follows:
Section 1.
Section 1.
The property located at 1052 Valley Drive, Riverdale, Iowa, is in violation of the the State of
Iowa Code Section 657A Abandoned or Unsafe Buildings - Abatement by Rehabilitation,
specifically subsection 657A.1(7) Public Nuisance, along with the City's Code of Ordinances
Chapter 145, Dangerous Buildings, specifically subsection 145.02 General Definition of
Unsafe in that the building is dangerous to human life by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment.
The City's attorney is authorized to proceed with nuisance abatement proceedings for the
property located at 1052 Valley Drive, Riverdale, Iowa, including, but not limited to, filing a
petition under Section 657A of the Iowa Code, and to take such other action in his
discretion as will cause the nuisance to be abated.
Passed and approved this 8th day of August 2023.
APPROVED: 1 ATTEST:
Kelly Kreb(�Cle
City of Riverdale, Iowa
110 Manor Drive, Riverdale, Iowa 52722 (563) 355-2511 1 www.riverdaleia.org