Code of Ordinances Amendment - Title 14 Criminal Background Checks/Tenants Copyrighted
February 5, 2018
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment- Title 14 Criminal
Background Checks for Prospective Tenants
SUMMARY: City Manager recommending approval of an amendment to
the City of Dubuque Code of Ordinance which requires that
criminal background checks for all prospective tenants be
performed before tenancy begins.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Artide J Property Maintenance Code,
Section 14-1 J-3 Rental Licenses
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Criminal Background Checks for Prospective Tenants- City Manager Memo
NNM Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Criminal Background Checks for Prospective Tenants
DATE: January 19, 2018
Assistant City Attorney Maureen Quann recommends City Council approval of an
amendment to the City of Dubuque Code of Ordinance which requires that criminal
background checks for all prospective tenants be performed before tenancy begins.
Currently the code requires criminal background checks, but does not expressly state
that the background check must be performed before the tenancy begins.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CITY OF Dubuque
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MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY �
To: Mike Van Milligen
City Manager
DATE: January 17, 2018
RE: Criminal Background Checks for Prospective Tenants
Introduction
This memorandum presents a proposed amendment to the City of Dubuque Code of
Ordinances (City Code) Section 14-1 J-3(4)(a) for your review and City Council
consideration.
Background
City Code Section 14-1 J-3(4)(a) requires criminal background checks for all prospective
tenants. The City Code Section currently states:
The property owner, manager, or licensed real estate professional agrees
to conduct background checks for all prospective tenants whose tenancy
commences on or after July 1, 2011. A background check may be
performed using the city's free background check service or by another
background check service approved by the city manager.
Discussion
While the City Code requires a criminal background check for all prospective tenants, it
does not expressly state that the background check must be performed before the
tenancy begins. This creates a loophole in which property owners, managers, or licensed
real estate professionals could perform background checks at any point in time, defeating
the purpose of the ordinance, which is to provide information on which informed tenancy
decisions may be made.
The proposed amendment would expressly require criminal background checks be
perFormed before a tenancy begins. The proposed amendment states:
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)589-4381 /FAx (563)583-1040/EMA�� mquann@cityofdubuque.org
The property owner, manager, or licensed real estate professional agrees
to conduct criminal background checks for all prospective tenants whose
tenancy commences on or after July 1, 2011. A background check may be
performed using the city's free background check service or by another
background check service approved by the city manager. The criminal
background checks must be completed before the prospective tenant's
tenancy begins.
The proposed amendments are italicized for your reference.
Recommendation
I recommend that the attached proposed amendment to City Code Section 14-1 J-3(4)(a)
is forwarded to the City Council for review, consideration, and approval, clarifying and
now expressly stating that criminal background checks must be perFormed before a
tenancy begins.
MAQ:jmm
Attachment
cc: Chief of Police Mark Dalsing
Captain Kevin Klein
Corporal Scott Koch
Corporal Luke Bock
Corporal Brandon Bauer
Officer Clark Egdorf
Officer Alex Scott
Alvin Nash, Housing & Community Development Director
Ben Pothoff, Rental Licensing and Housing Inspections Supervisor
2
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 1-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1J-3: RENTAL LICENSES:
I. Conditions Of Rental Licenses: The city manager is hereby authorized to issue
and renew a rental license in the name of the applicant property owner, manager, or
licensed real estate professional, provided the following criteria are met:
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional
agrees to conduct criminal background checks for all prospective tenants
whose tenancy commences on or after July 1, 2011. A background check
may be performed using the city's free background check service or by
another background check service approved by the city manager. The
background checks must be completed before the prospective tenant's
tenancy begins.
b. The city manager may waive the criminal background check
requirement upon the submission of a written request by a property owner,
manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designation
or any founded code violations within the previous twelve (12)
months; and
(3) A waiver will not create a danger to nearby residents.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 5th day of Fe ruary, 2018.
Roy D. Buol, N,yor
Attest:
Kevi r' S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
14-1J-3: RENTAL LICENSES:
I. Conditions Of Rental Licenses: The city manager is hereby authorized to issue
and renew a rental license in the name of the applicant property owner, manager, or
licensed real estate professional, provided the following criteria are met:
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional
agrees to conduct criminal background checks for all prospective tenants
whose tenancy commences on or after July 1 , 2011 . A background check
may be pertormed using the city's free background check service or by
another background check service approved by the city manager. The
background checks must be completed before the prospective tenanYs
tenancy begins.
b. The city manager may waive the criminal background check
requirement upon the submission of a written request by a property owner,
manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designation
or any founded code violations within the previous twelve (12)
months; and
(3) A waiver will not create a danger to nearby residents.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: February 09, 2018, and for which the charge is $22.75.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /® day of ,. , 20
Notary Public in and for Dubuque County, Iowa.
S1ERMEYER
Wraber 5/ 05
a+Y l: '• �r; i,aq Feb. 1, 202.0
OFFICIAL
PUBLICATION
ORDINANCE NO. 1-18
AMENDING CITY OF
DUBUQUE; CODE OF
ORDINANCES TITLE
14 BUILDING AND DE-
VELOPMENT, CHAP-
TER 1 -BUILDING
HAP-TER"1.BUILDING CO-
DES, ARTICLE J PROP-
ERTY MAINTENANCE
CODE, SECTION 14-11-
3 RENTAL LICENSES
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL 11
OF THE CITY OF DU-
BUQUE, IOWA: - ,
Section 1. Section 14-
11-3 of the City of Du-
buque Code, of Ordi-
nances is amended to gins.
read as follows:" b. The city manager
14-1J-3: RENTAL LI- may waive the criminal
CENSES: • background', check re
quirement, upon. the
I. Conditions Of Rental submission of a written
Jcenses: The city man- request by a property
ager, is hereby author.- owner, manager, or ll- I
ized to issue and; re- censed real estate pro -
new a rental-rlicense in fessional and after a
the name of the appli- finding that:
cant property owner, (1) The property is
manager, or " licensed properly licensed by
real estate professio- the city of Dubuque;
nal, provided the fol- (2) The property has
lowing criteria are met: no history ?of priority
category designation
4..Criminal Back- or any- founded .code
ground Checks: violations :within the
a. The property own- previous , twelve (12)
er, manager, or li- months; and
censed real estate pro- (3) A waiver will not
fessional agrees to create a.:"danger , to
conduct criminal back- nearby, residents.
ground 'checks for all •
prospective tenants Section 2. This Ordi-
whose tenancy com- dance takes effect on
mences on or after July publication.
1, 2011. A background Passed, approved,
check may be perform- and adopted the 5th
ed using the city's free . day of February, 2018.
background check ser- /s/Roy D. BLioI, Mayor
vice or by another I Attest: /s/Kevin S.
background chedk •ser-�, Firnstahl, City Clerk 1
vice approved 'by the Published officially n
city manager. The the Telegraph , Hera d
background checks newspaper on the 9th
must be completed be- day of February 2018.
fore the prospective /s/Kevin S. Fimstahl,
tenant's tenancy be- City Clerk