Proposed Ordinance Amendments for Nuisance Copyrighted
J une 7, 2021
City of Dubuque Action Items # 7.
City Council Meeting
ITEM TITLE: Proposed Ordinance Amendments for Nuisance
SUMMARY: City Manager recommending the public nuisance ordinance be updated
to allow the City Manager to declare a public nuisance.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 4 Nuisances,
Section 6-4-4 Public Nuisances Prohibited; Authority to Abate
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
Proposed Ordinance Amendments for Nuisances-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Ordinance Amending 6-4-4 Ordinance
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance Amendments for Nuisance
DATE: June 2, 2021
The City of Dubuque adopted a public nuisance ordinance in 2013. This ordinance
defines a public nuisance and provides for the remedies for such nuisance.
The public nuisance ordinance passed by City Council in 2013 requires that a public
nuisance can only be declared after a public hearing conducted by the City Council.
Unfortunately, due to the increasing number of public nuisance properties, this is no
longer a feasible process for the City Council to conduct for each public nuisance.
There are over 100 documented vacant/abandoned buildings, many of which are not
being maintained. There are five documented continuing hoarding cases, and
several others being monitored for potential continual hoarding causing continual
public health and sanitation hazards.
To make the public nuisance ordinance effective, Housing and Community
Development Director Alexis Steger recommends the ordinance be updated to allow the
City Manager to declare a public nuisance. The property owner retains the right to a
public hearing held by the City Council should they choose to request one within ten
days. The City Manager will review the facts of the case, and allow property owners to
submit any information for consideration prior to declaring a public nuisance. This offers
a form of due process prior to an additional opportunity for a public hearing. -
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: June 2, 2021
RE: Proposed Ordinance Amendments for Nuisance
BACKGROUND
The City of Dubuque adopted a public nuisance ordinance in 2013. This ordinance
defines a public nuisance and provides for the remedies for such nuisance.
DISCUSSION
The public nuisance ordinance passed by City Council in 2013 requires that a public
nuisance can only be declared after a public hearing conducted by the City Council.
Unfortunately, due to the increasing number of public nuisance properties, this is no
longer a feasible process for the City Council to conduct for each public nuisance.
There are over 100 documented vacant/abandoned buildings, many of which are
not being maintained. There are five documented continuing hoarding cases, and
several others being monitored for potential continual hoarding causing continual
public health and sanitation hazards.
Without a public nuisance ordinance, municipalities must issue a municipal
infraction for public nuisances, which carry a first offense $750 fine. This citation
does not remedy the public nuisance and places a heavier burden on property
owners that may have limited means. This makes it more difficult for the property
owner to commit funds to abating the public nuisance.
To make the public nuisance ordinance effective, the ordinance attached is updated
to allow the City Manager to declare a public nuisance. The property owner retains
the right to a public hearing held by the City Council should they choose to request
one within ten (10) days. The City Manager will review the facts of the case, and
allow property owners to submit any information for consideration prior to declaring
a public nuisance. This offers a form of due process prior to an additional
opportunity for a public hearing.
Many public nuisance property owners are absent and are unlikely to want, or
appear at, a public hearing. This ordinance update therefore reduces the City
1
Council's burden of holding a hearing for each public nuisance. Property owners
that would like the opportunity for a public hearing held by City Council would
receive it.
RECOMMENDATION
I respectfully request City Council adopt the proposed Ordinances to update
Public Nuisance Ordinance to create a more feasible process able to be
effectively utilized.
cc: Crenna Brumwell, City Attorney
Mary Rose Corrigan, Public Health Specialist
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 23-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION
6-4-4 PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-4-4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE:
A. Nuisances Prohibited: The creation, maintenance, or continuation of a public
nuisance is hereby declared unlawful and is prohibited, subject to penalties set forth in
section 1-4-2 of this Code.
B. Declaration Of Nuisance; Informal Hearing; Abatement: Upon application to the
City Manager for a declaration of a nuisance, the City Manager, after notice to the property
owner of the grounds therefor, shall hold an informal hearing on the application. Upon
declaration of a nuisance, the City Manager may direct the City staff to abate or cause to
be abated public nuisances in any manner authorized by law.
C. Appeal to City Council: Upon declaration of a nuisance, the property owner may
appeal to the City Council, in writing, within ten (10) days. The City Council, after notice
to the property owner, shall hold a hearing on the appeal as provided in Title 1, Chapter
9 of this Code.
D. Municipal Infraction: Nothing herein shall be interpreted to prevent the City from
issuing a Municipal infraction as allowed under Iowa Code section 364.22 and section 1-
4-2 of this Code.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7t" day of June, 2021.
4f
Roy D. Vol, Mayor
Attest:
Adrienne Breitfelder, CiVClerk
EFFECT OF AMENDMENT
6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE:
A. Nuisances Prohibited: The creation, maintenance, or continuation of a public
nuisance is hereby declared unlawful and is prohibited, subject to penalties set forth in
section 1-4-2 of this Code.
B. Declaration Of Nuisance; Informal Hearing; Abatement: Upon application to the
City Manager for a declaration of a nuisance, the City Manager, after notice to the property
owner of the grounds therefor, shall hold an informal hearing on the application. Upon
declaration of a nuisance, the City Manager may direct the City staff to abate or cause to
be abated public nuisances in any manner authorized by law.
C. Appeal to City Council: Upon declaration of a nuisance, the property owner may
appeal to the City Council, in writing, within ten (10) days. The City Council, after notice
to the property owner, shall hold a hearing on the appeal as provided in Title 1, Chapter
9 of this Code.
D. Municipal Infraction: Nothing herein shall be interpreted to prevent the City from
issuing a Municipal infraction as allowed under lowa Code section 364.22 and section 1-
4-2 of this Code.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/11/2021
r and for which the charge is 23.45
Subscribed to before me, a Not blic in and for
Dubuque County, Iowa,
this 1Ith day of June, 2021
-K -S-'-
Nota 0
blic in and for Dubuque County, Iowa.
JANET K. PAPE
�'�•�� Com ra tesla� Number 1M69
D. DEC it, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 23-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES,
SECTION 6-44 PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 6-4-4 of the City of Dubuque Code of
Ordinances is amended to read as follows:
6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE:
A. "Nuisances Prohibited: The creation, maintenance, or
continuation of a public nuisance is hereby declared unlawful
and is prohibited, subject to penalties set forth in section
1-4-2 of this Code.
B."Declaration Of Nuisance; Informal Hearing; Abatement:
Upon application to the City Manager for a declaration of a
nuisance, the City Manager, after notice to the property owner
of the grounds therefor, shall hold an informal hearing on the
application. Upon declaration of a nuisance, the City Manager
may direct the City staff to abate or cause to be abated
public nuisances in any manner authorized by law.
C. "Appeal to City Council: Upon declaration of a nuisance,
the property owner may appeal to the City Council, in writing,
within ten (10) days. The City Council, after notice to the
property owner, shall hold a hearing on the appeal as provided
in Title 1, Chapter 9 of this Code.
D. "Municipal Infraction: Nothing herein shall be interpreted
to prevent the City from issuing a Municipal infraction as
allowed under Iowa Code section 364.22 and section 1-4-2 of
this Code.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 7th day of June, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the I Ith day of June, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 6/11