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Suit by Aimain Al-Qady Copyrighted May 6, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Konstantine Batonisashrili for vehicle damage; Nick Hermsen for vehicle damage; Kassandra Jacobs for vehicle damage; Carol McDonald for property damage, Aiman AI-Qady vs. City of Dubuque Housing Board of Appeals. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Claim by Konstantine Batonisashrili Supporting Documentation Claim by Nick Hermsen Supporting Documentation Claim by Kassandra Jacobs Supporting Documentation Claim by Carol and Charles McDonald Supporting Documentation S uit by Ai man AI-Qady S upporti ng Documentati on _ � � � � � IN THE IOWA DISTRICT COURT,IN AND FOR DUBUQUE COUNTY � � � a i � ,; AIMAN AL-QADY '� li Petitioner, i,'i Case 01311 CVCV109084 ji ��. V S. � : !i CITY OF DUBUQUE ACCEPTANCE OF SERVICE i HOUSING BOARD OF APPEALS, I , Res ondent. � 'i iI i Comes now the above named Respondent and hereby accepts and acknowledges receipt, on Apri123,2019, of Original Notice,Petition for Writ of Certiorari 'J with Exhibit A, Order, and Writ in the above-encaptioned case, copies of which are attached hereto. i �..�... I�I STATE OF IOWA ] I'� � ] SS: �� DUBUQUE COUNTY ] � � � � � � � �� I � On this � day of �..�7./4,�.�-�w- , 2019, before me, the � undersigned, a Notary Public in and f r said State, personally appeared � �i�U✓�l ��'.�-7-��%, to me known to be the identical person named in and who executed � the within and foregoing instrument, and acknowledged that he/she executed the same as 5 his/her voluntary act and deed, as Clerk of the City of Dubuque for its Housing Board of �C Appeals. � • � .._ u , � iI�"��°� �ELI��R�`REN9ERCER� �~ /��C� � , � ',_�^ �om�i$$i�n F�u�t�r t25 ss Nbtary Public for the �tate o o� a � � o�p A��Comml��la�9 E�piret � `--_�� -��U,��. �� :� � �:� a. 1��r s = —� �._. 'Y� �f, �_� i"�� ,� �s � _.. � �. , ..'.�_�S r.. �_¢ � ' l� �,17 ^'LS .^";`._: -T� f�1 C""� �p i"j� �;y C_"� � �A � d , � � E-FILED 2019 APR 18 2:30 PM DUBUQUE-CLERK OF DISTRICT COUR7 � ;{ �7��,r, � ,3�' 1 ea �', o '� . IOWA DISTRICT COURT FOR DUBUOUE COUNTY � �'��z�� i � � � AIMAN AL-QADY Plaintiff(s) � � �� CASE NO. 01311 CVCV.�`��'��`��'� � � i � 9 vs. � � � � � i CITY OF DUBUQUE HOUSING ORIGINAL NOTICE 'i BOARD OF APPEALS , �i Defendant(s) ,� :ii � � �� TO THE ABOVE-NAMED DEFENDANT(S): ;; � You are notified that a petition has been filed in the office of the clerlc of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name(�) and address(-es-) of the attorney(,�) for the plaintiff(s) (is) (-� Francis J. Lange !I The attorney's(�phone number(�) (is) (-a�e� 563-557-8051 facsimile number(�) ! 563-557-1018 You are further notified that the above case has been filed in a county that u�ilizes electronic � Il filing. Unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Dubuque County, at the �ourthouse in Dubuque , Iowa, judgrnent by ' default will be rendered against you for the relief demanded in the petition. Please see Iowa Court ;i' Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16, division VI �!� regarding the protection of personal information in court filings. i If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at _ (319) 833-3332 . (If you { are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) r � � � � � � � i 1 li j 1 � � i � � y 9 TMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE TO PROTECT YOUR INTERESTS, � c �The Iowa St�te Bar Associafion 2019 Form No.301,Original Notice fur Persunal Service � ' IowaDocs� Revised January 2016 4 N a � i � € a U E—FILED 2019 APR 18 3:24 PM DUBUQUE—CLERK OF DISTRIC7 COURT � � STATE OF IOWA JUDICIARY caSeNo. CVCV109o84 ti � � � county � DubuqUe � � � � � � caseT�t�e AIMAN AL-QADY V CITY OF DUBUQUE HOUSING '! i � THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. � Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. � � You must register through the lowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and ii password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. '; !i FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER I 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: '+ http://www.iowacourts.state.ia us/Efile 'i ii FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY iN COURT FILINGS,REFER TO DIVISION VI OF IOWA � COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile !`.� �i Scheduled Hearing: I'� i !i I II II 'I i d a n !I !i � �i Y � p � � If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district � ADA coordinator at (319)833-3332 . (If you are hearing impaired,call Relay lowa TTY at 1-800-735-2942.) � Datelssued 0411 8/201 9 03:24:01 PM � d �"��,� *�� ; � _�� ;� � � �k � : � � z� �, ��. ., �� , �,:'�1,',[3�i� ��. a � } Y � � �% g � � � p , � E-FILED 2019 APR 18 2:30 PM DUBUQUE-CLERK OF DISTRICT COURT � �l � I�� IN THE IOWA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY ;! i i AIMAN AL-QADY ° Petitioner, Case 01311 CVCV��'9D�'� ; � il , vs. { PETITION FOR WRIT '� CITY OF DUBUQUE OF CERTIORARI � HOUSING BOARD OF APPEALS, � � � � � � Res ndent. il, p Comes now the Petitioner, Aiman Al-Qady, and for his Petition states: ;�j 1. Petitioner is a manager and principal of corporate entities which own ,' and rent residential real estate located in the City of Dubuque, Dubuque Coluity, Iowa. His business address is 605 Bluf� Suite 132, Dubuque, IA 52001 � 2. Respondent City of Dubuque Housing Code Board of Appeals ,; (hereafter HCBA or the Board) is a governmental Board of the Ciry of Dubuque, which is an Iowa municipality. Its business address is 350 W. 6th Street, Suite 312, Dubuque, � IA 52001 3. On February 8, 2019, Respondent, City of Dubuque's agents issued a ' `�OTICE: Priority Category Designation", citing as its basis "three (3) or more times in �� the past twelve (12) montl�s period you have received a citation for a property maintenance '� code violation on a renta� property that you own or manage". ��' ji 4. By February 28, 2019, Petitioner had timely filed a Notice of Appeal � of said prioriry category designation. Petitioner's Notice of Appeal: noted that City { Housing staff had based the Priority Categorization on three citations of Property � Management Code violations, two of which were still pending as civil infiractions and one of which had been promptly resolved; asserted that: 1.the intent of Municipal Ordinance Section 14-1J-4A had been misinterpreted to allow the mere receipt of the three chations for a Property Management Code violation to trigger a Priority Category Designation; and � 2. the requirements of the Property Management Code/Ordinance Chapter 14-1J are adequately satisfied by means other than a Priority Category designation, including � Housing officials' administrative remedies, regular inspections and Court proceedings on � . municipal infractions which provided due process. � � u � � s I i � p � E-FILED 2019 APR 18 2:30 PM DUBUQUE-CLERK OF DISTRICT COURT � � � � � � Page 2 of 3 Pages � � h� � � � , � 4 � � 5. Hearing on said appeal was set for March 19, 2019. ' h II 6. An agenda for that HCBA meeting was prepared, and is attached as ' E�ib it A. ;� � 7. That agenda did not include procedures for hearing a Priority Category i'� Designation Appeal, but the Board considered and approved such procedures after hearing �,i the appeal in Case #1 and before talcing up Petitioner's appeal in Case #2. By doing so, ��i the Board violated City Ordinance 14-1J-SE,which requires that it "shall adopt and make (� available to the public through the secretary procedures under which a hearing will be '' conducted. The procedures . . . shall mandate that only relevant information be received." ,i il 8. Those procedures were approved without public notice to property owners or managers and fhe general piiblic, who might want to be heard on such significant procedures. The Board thereby acted illegally or exceeded its jurisdiction at the moment it considered and a roved those rocedures. PP P � 9. Those procedures and the Soard's immediate hearing of Pethioner's �� Appeal violated his rights to due process and equal protection under the Iowa Constitution, and his rights Lulder Iowa law and City Ordinances. 10. The Board concluded Respondent's appeal hearing by passing a ' � � � resolution to"reject" 1�is appeal, contrary to Dubuque Code of Ordinances 14-1J-SM. � �� 1 L The Board's hearing of Petitioner's Appeal did not comply with �' Dubuque Code of Ordinances T�le II, Chapter 1, Hearings and Appeals by: � a. Admitting evidence not relevant to the three (3) c�ations upon � which the Notice of Priority Category Designation was based, � � � (CodeofOrdinances 2-1-SE); � �h ',� b. Admitting Lu�authorized hearsay for a pl�rpose other than to �' _ support or e�lain any direct evidence; and by limiting � Petitioner's rights to rntroduce documentary evidence, to cross- � eYamine opposing whnesses, to impeach witnesses, and to rebut 'I' the evidence against him, Codeof Ordinances 2-1-SF. ;� � 12. The notification of the Board's decision did not comply with City Ordinance 2-1-6B in that it did not "contain findings of fact, a detei-mination of the issues presented, and requirements to be complied with." � i 13. The Board's rejection of Petitioner's appeal was: � � (a) Unreasonable, arbitrary or capricious, � "s � � u � �9. � � � � E-FILED 2019 APR 18 2:30 PM DUBUQUE-CLERK OF DISTRICT COURT ,I� Page 3 of 3 Pages � , � � � , (b) Unjust, or "i ; � � � � �� (c) the result of an incorrect application of the proper law. '" I 14. The Board's rejection of Petitioner's appeal is not supported by ;i substantia l evidence before it. I � � � � � � � � ,� 15. As a resLilt of some or all of the above, the Board acted illegally, in '' violation of Iowa law, City Ordinance, and the Iowa Constitution's guarantees of due process and equal protection, in rejecting Respondent's appeal. ;; � ;� ;i 16. There are no administrative remedies available to Pethioner a$er the i;; Board's Resolution, and Petitioner properly files this Petition for Writ of Certiorari pursuant to Dubuque Ordinance and Iowa Rules of Civil Procedure 1.401 and 1.402. i� 17. Petitioner reserves the right to allege fiuther and additional facts, averments, and causes as fhis matter proceeds and in support of his claims. WHEREFORE, Pethioner prays that a Writ of Certiorari issue herein; that a stay of the Priority Category Designation be issued; that the matter be set for hearing; that on hearing Respondent, Dubuque Housing Code Appeals Board's resolution be r annulled and decreed void; that Petitioner have Judgment for costs, and that the Court grant such other and fiarther relief as the Court may deem appropriate in the premises. Respectfully submitted, !� ;� AIMAN AL-QADY, Petitioner, � � � � � � � By: /s/Francis J. Lan�e � � � � Francis J. Lange —AT0004566 " 1154 Iowa Street � � � � Dubuque, IA 52001 � � Phone: 563-557-8051 � � � Fax. 563-557-1018 � � �� email: t i�law�z),eac•tl�linl:.net � � ,ATTORNEY FOR PETITTONER � � � �,� j � � � � � 'i � � � � ; E-FILED 2019 APR 18 3:35 PM DUBUQUE-CLERK OF DISTRICT COURT ; � � i 1'I�JC Ci'1'Y OP' �� ", . I � -,.—....��_"-:�•�._.._.... � ��.��' �I� � �� C) � � 1� � �J 1�. 1 ; ; M'c�,ster�rir�cc�or�tlzc�.l�(�xsiesl��}��i � � , i H OF'�'iCIAL ME�TING ANNQUNC�MCNT; Tf�e City of Dubuquo I-lousing Cocle Anpnals Board wifl meet on � I� Tuesday, March 1�J, Z019�t 4;30 p,m, at tho h�istoric F'eder�l L-3uilding, 350 W, 6"�Str�et, City Cauncil Chamber, j '�j in Dubuque, , !i , AGGNI�A ! 'i 1. Gall to Ord�r/Meefing Certificafion. � ,, ! ,J 2. Oath of Office For Ronald Whito. � I H 3. Gloction of Chair and Vice Chair, i �I �, Certification of Minut�s; January 15, 2019 � ;,� 6. Corr�spandence/Public Input: � ! � 'i At this fime�nyone m�y address the F�oard on ma�ters which arA oP concern to thc�i7�i and which are not�n i � � agenda itom.Ftamindor: No form�l oi�offid7l�clion may b�faken�t fhis time an your c�mi�nenl�s b�c��ise j �� f tl7e notico roquiremonts of fho lowa Open Meating L�w, � , 6. Gansenlltems: � Tl�e consent agend� Items are cnnsid�red to be rouline�nd non-conhroversial �nd�I!consant Itc�ms will ' be nnr��naliy voted ��po�7 in a singl�mation without any separate discussion on a partictalar item. � ( � There ara no cansent agQnda ifems. � .II , 7. Old Business, ; �,� Update disposition of past appeals. ;'; i kl U�date on priority cat�gory Ins�ecEians, j {1, � 8. New�usiness. � E � ; CA��1 i ;I; ; Mark Gluade, own�r of 1�18/1122 Center C�lar,�, Is rcquesting�p�naltiy fee review far tf7is prap�rty. � '� ' ';1 CqSC�2 i ��, Aiman AI-Qady is appealing the designation as priorlty category prap�rty�wner/agent�fker ' receiving three or m�re municipai Infractions wiChin fihe prior 12 mon#h perlod, ` �� I � ; J. information Shariny. � i � � eoards at�d Comntission lnp�at for City Council Go�l Sekking S�ssion duo May B, I�oview input i docun�ent�or clisoussion at April meeting. ' i 10. Adjaurnment. � All Items are viol�fions of fhe Duhuqus ResidenQal Housing Gado unless otl1erwise statod,This notice Is glVen pursuant to Titie 8 Ch�pter 6, � Code of lowa,and�ppl{cable regulatlons of t(�e City oP pubuqu�,lowa. ; NOTIC�; ANY VISUAI_�R 1-lCARING IMpA1r2Cd(�CRSONS NFEfJING SPFGAL AS5ISTANCC Of21�Cf�SONS WITI-I ShGCIAI. � ACCG531dILl'fY N[CDS SI-lbUl..b CONTACT 71-IC hI0l1SING DEPAR'f'MI_N't AT 5t39•h231 AT I_�AST 48 I-fOUI•2S PRIpR TO THk � ME�TfN4, , i . ��i'��J � /• ci�....- �� i X.,=�G" � - . ALL"-XI3 STL'-GER �� fJi�PflRTMCNT DII�HCTOR � ��y�B T ( W � 0 � I a i I � . , � E-FILED 2019 APR 20 12:57 PM DUBUQUE-CLERK OF DISTRICT COURT ;� � � � �� !I II IN THE IOWA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY ; � � � � ��+, � i i AIMAN AL-QADY !; � � Petitioner, � Case 01311 CVCV109084 �� i; vs. 'I CITY OF DUBUQUE ORDER ;; i HOUSING BOARD OF APPEALS, !; I� ,, Res ondent. I The Court has reviewed Petitioner's Petition for Writ of Certiorari herein. I� IT IS HERESY ORDERED that the Writ of Certiorari issue and be served on Respondent as provided by law, returnable at the office of the Clerlc of this ' Court at Dubuque, Iowa, on May 10, 2019. j ,� i �: ,� i � � � � � � � � � � � i �I � r V 4 ' '� ; � � � � � r � 5 � 2 4 � � � � 4� , 9 E-FILED 2019 APR 20 12:57 PM DUBUQUE-CLERK OF DISTRICT C(�URT I� ;� � �i � ,. , , � � 9 � i _ � � � � State of lowa Courts ; ,�. ,;i Type: ORDER TO ISSUE WRIT ',' Case Number Case Title i� CVCV109084 AIMAN AL-QADY V CITY OF DUBUQUE HOUSING i� �� ;� ''i So Ordered u � � , � � �,.�`�� . m � �,. ��,��4�� ,� ��"�� :� � Mc��ic-a Ztin�i Vc�it�ig,�istrict��rurt Nt�dg�, I! F.i�'�t.�udiciaJ IQ�sirict af lra�ra '{ � � � � � i ;: Electronically signed on 2019-04-20 12:57:09 page 2 of 2 i� i,' '�� I �I k � � R ;i � �i N �, Nkr fpf I � �g 3 � � � � � V �