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Amendments to the Housing Code (First Reading)Jeanne Schneider - Amendments to housing codes From: "Terry Mozena" <TMozena @premierbanking.com> To: "Mike Van Milligen" <ctymgr @cityofdubuque.org >, "David Resnick" <dresnick @cityofdubuque.org >, "Dirk Voetberg" <DVoetberg @cityofdubuque.org >, "Joyce Connors" <JConnors @cityofdubuque.org >, "Karla Braig" <KBraig @cityofdubuque.org >, "Kevin Lynch" <KLynch @cityofdubuque.org >, "Ric Jones" <Rjones @cityofdubuque.org >, "Roy B uol" <RDbuol @cityofdubuque. org> Date: 1/3/2011 10:38 AM Subject: Amendments to housing codes Dear Mayor and City Council, I am writing this letter in support of the amendments to the City of Dubuque Housing Codes that have been presented to you by the City Manager as recommended by the Safe Community Task Force. My wife and I own 3 rental properties, and as landlords do not feel these changes represent an undue burden on me or my properties. These changes will have a very positive impact on the community and I respectively request your support in approving these recommendations. Sincerely, Terry L. Mozena Commercial Loan Officer Premier Bank Expect the Best 563/588.1000 563/690.0070 Fax www. premierb anking. com Downtown: Premier Bank 140 W. 9th Street Dubuque, IA 52001 10 Premier Bank asks you to please consider the environment before printing this email. Page 1 of 1 This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e -mail. Please notify the sender immediately by e -mail if you have received this e -mail by mistake and delete this e-mail from your system. E- mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e -mail transmission. If verification is required please request a hard -copy. file: / /C: \Documents and Settings \jschneid \Local Settings \Temp\XPgrpwise \4D21AD93D... 01/03/2011 Juanita Hilkin - Amendments to the Housing Code From: To: Date: Subject: CC: Attachments: Dear Mayor and City Council, "Mary Mulgrew Gronen" <maryg @gronenproperties.com> "'Roy Buol "' <Rdbuol @cityofdubuque.org >, "Dirk Voetberg" <doetberg @cityofdubuque.org >, <dresnick @cityofdubuque.org >, <jconnors @cityofdubuque.org >, <kbraig @cityofdubuque.org >, "'Kevin Lynch ' <Klynch @cityofdubuque.org >, <rjones @cityofdubuque.org> 1/3/2011 4:24 PM Amendments to the Housing Code "'Mike Van Milligen "' <CtyMgr @cityofdubuque.org> Amendments to the Housing Code.pdf Page 1 of 1 Gronen Properties, LLC is in full support of the recommended changes to the City of Dubuque Housing Codes that have been provided to you. Specifically, we have been requiring criminal background checks on all tenants for our 68 rental units and it proves to be extremely beneficial. We find tenants are happy to oblige because they understand that their neighbors have undergone the same process, which provides all tenants an additional sense of security. We feel that this will be positive for our community and we encourage your support of said changes. Thank you for your time and consideration. Respectfully, Mary S tu(grew Gronen CP �ti}n$n Weil rt es 1056 Main St. Dubuque IA 52001 563 557 -7010 Ext. 22 563 690 -1610 fax marvq(ktronenaronerties.com www.aronenoronerties.com Jeanne Schneider - City Landlord Law Changes From: "JOHN D ROSE SCHREIBER" <schrckd @msn.com> To: <jschneid @cityofdubuque.org> Date: 1/3/2011 3:01 PM Subject: City Landlord Law Changes Jan. 3, 2011 From: John D. Schreiber 550 Cooper Place Dubuque, IA 52001 563 556 -3479 (Member of the Dubuque Landlords Association) Page 1 of 2 To: City Council of Dubuque and City Clerk Regards: City Law changes proposed Jan 3rd, 2011. Please note that the following opinion's are not necessarily the opinions of the Dubuque Landlords Association. I was surprised to read in the TH, the new proposed City changes to be made without the approval of the Dubuque Landlords Association. Our organization has a committee that has spent many many hours to work with the City on what directions should be taken to improve the rental situation in Dubuque. What has been proposed is NOT what has been in agreement with our organization. My personal thoughts are: 1) The City of Dubuque is trying to make the Dubuque Area Landlords responsible of the actions of their tenants. Mandated fines and /or Jail time to the Tenants would be the proper way to cure the inappropriate actions of the problem Tenants. 2) The City of Dubuque's Landlord course is a great idea and has been successful in help training Landlords, but it should not be Mandated by the City, only as an option as it currently is. 3) National background checks should be also offered free to any Landlord as the State background check is now. It makes no sense to offer one with out the other. Having to attend the Cities Landlord Course, should not even be a consideration to have the National check done, let alone then pay money for the check and having to file to get our OWN money returned. This free, without any strings check was mentioned to be in place at our Iowa Landlords Convention. 4) It was proposed to the Landlords to have a list in place of problem Tenants for Landlords to use for background checks also. It is my understanding that this also has been a broken promise. 5) Since "our" full time Police Officer working solely for Section 8 now has less of a workload, perhaps that Officer could devote time with all of the other NON Section 8 Landlords for problem Tenants. 6) When damages are done by a Tenant to a Landlord, the improper response being currently made by the Dubuque Police Department is: THAT IS A CIVIL MATTER, not ours! Ah yes, no file: / /C: \Documents and Settings \jschneid \Local Settings \Temp \XPgrpwise \4D21E4DCD... 01/03/2011 Please give my a call or send me an e-mail for any questions that you may have. John D. Schreiber 550 Cooper Place Dubuque, IA 52001 563 556 3479 schrckd(amsn.com Page 2 of 2 Paperwork, no Reports to file and of course no Court time for the Department. Outright Theft, Property damages should not be "Civil Court" problems and damages. Thank you for letting me offer my opinions, I hope that I may have shed some light in making them. file: / /C: \Documents and Settings \jschneid \Local Settings \Temp \XPgrpwise \4D21E4DCD... 01/03/2011 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendments to Housing Code to Require Crime -Free Training; to Designate Certain Rental Property Owners as Priority Category; and to Require Tenant Criminal Background Checks DATE: December 27, 2010 Recommendations of the Safe Community Task Force included the following: • Mandate that landlords conduct renter background checks Dubuque httid All- AmeiicaCity ' 2007 • Establish threshold number of complaint calls that will place a problem property in priority category • Tie frequency of housing inspections to landlord's history of cooperation with Code compliance • Develop and offer frequently a training program on code enforcement and property management for all landlords. Require all landlords to attend the program; issue only temporary occupancy permits /licenses until training has been completed. Housing and Community Development Department Director David Harris is recommending the adoption of an ordinance requirement that all City of Dubuque landlords attend the City's Crime Free Multi- Housing Program. The program has been offered for the last 10 years and some of the landlords have already attended the program. A program of continuing education otherwise approved by the City Manager may satisfy this requirement. Owners or managers holding a professional license, like a real estate license, would be exempt, as they probably have had similar training. Housing and Community Development Department Director David Harris is also recommending that landlords be required to do background checks on prospective tenants. It will be the decision of the landlord if they rent to a person once they have received the results of the background checks. The owner /manager may use the City's free service or another background service approved by the City Manager. Housing and Community Development Department Director David Harris is further recommending creating a Priority Category designation. A property owner or manager can be declared a Priority Category if, three times within a 12 -month period, any of the following occurs: • Suspension or revocation of the rental dwelling license • Noncompliance with Housing Code enforcement orders in excess of 90 days without approval from the Housing Code Appeals Board • Failure to perform required criminal background checks on tenants • Issuance of a citation for a Housing Code violation or violation of other City Building, Mechanical or Fire Codes. An owner or manager designated as a Priority Category may have his or her rental property or properties placed on an accelerated inspection schedule. The City Manager may suspend, revoke or reduce the term of the rental dwelling license from an annual to a quarterly license, until no further violations have occurred at the property for twelve consecutive months. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Masterpiece on the Mississippi Dubuque kittEl Af4mericaCity hli II? 2007 TO: Michael Van Milligen, City Manager FROM: David Harris, Housing and Community Development Department SUBJECT: Amendments to Housing Code to Require Crime -Free Training; to Designate Certain Rental Property Owners as Priority Category; and to Require Tenant Criminal Background Checks DATE: 20 December 10 Introduction The purpose of this memorandum is to request the City Council to adopt the attached ordinances to Chapter 6, Housing Regulations, requiring landlords and /or property managers to complete a Crime -Free Multi- Housing training; designating certain owners as Priority Category; and requiring owners to perform criminal background checks on tenants. Discussion Recommendations of the Safe Community Task Force included the following: • Mandate that landlords conduct renter background checks • Establish threshold number of complaint calls that will place a problem property in Priority Category • Tie frequency of housing inspections to landlord's history of cooperation with Code compliance • Develop and offer frequently a training program on code enforcement and property management for all landlords. Require all landlords to attend the program; issue only temporary occupancy permits /licenses until training has been completed. The attached ordinance amendments to the Housing Code directly respond to these recommendations. At Chapter 6, Section 6, a "Priority Category" designation is created. A property owner or manager can be declared a Priority Category if, three times within a 12 -month period, any of the following occurs: • Suspension or revocation of the rental dwelling license • Noncompliance with Housing Code enforcement orders in excess of 90 days without approval from the Housing Code Appeals Board • Failure to perform required criminal background checks on tenants • Issuance of a citation for a Housing Code violation or violation of other City Building, Mechanical or Fire Codes. The background check requirement will become effective for any tenant with a lease commencing as of July 1, 2011. The owner /manager may use the City's free service or another background check service approved by the City Manager, as further explained in the attached hand -outs. An owner or manager designated as a Priority Category may have his or her rental property or properties placed on an accelerated inspection schedule. The City Manager may suspend, revoke or reduce the term of the rental dwelling license from an annual to a quarterly license, until no further violations have occurred at the property for twelve consecutive months. At Chapter 6, Section 7, the requirement for completion of the Crime Free Multihousing Program is included. A program of continuing education otherwise approved by the City Manager may substitute for this requirement. The Crime Free training will be offered to all owners, managers and licensed real estate professionals, phased in over a three - year period. Managers holding a professional license or owners or managers who have previously completed a Crime -Free training since 2000 are exempted from this requirement. Until completion of the training, annual rental dwelling licenses will be issued on a temporary basis. Action Step The action requested of the City Council is to approve the attached ordinances to Chapter 6, Housing Regulations, requiring owners or managers of rental properties to complete a Crime -Free Multi- Housing training; designating certain owners as Priority Category; and requiring tenant criminal background checks. cc: Crenna Brumwell, Asst City Attorney att City of Dubuque Criminal Background Check Requirement Policy for Property Owners, Managers, or Licensed Real Estate Professionals Not Using the Free City of Dubuque Background Check Service If a property owner, manager, or licensed real estate professional opts to perform their own criminal background checks on applicants for rental units the following requirements must be met: 1) A criminal background check must be run on all adult applicants in any state where the applicant has reported residing in the last three (3) years. 2) The criminal background check must include a check for felony and misdemeanor charges and convictions. 3) Criminal background check records must be maintained by the property owner, manager, or licensed real estate professional for: a. The duration of the tenancy if the applicant becomes a tenant of the property owner, manager, or licensed real estate professional b. One -year when an applicant is rejected for tenancy. The City of Dubuque reserves the right to audit the records maintained by a property owner, manager, or licensed real estate professional related to criminal background checks or require that the property owner, manager, or real estate professional submit proof that the criminal background checks were, and are being performed. A failure to comply with the above policy may result in, but is not limited to, suspension of a rental license, relocation of tenants at the expense of the property owner, manager or real estate professional, and the issuance of a municipal infraction. A municipal infraction could result in a fine of up to $750 for a first offense plus court costs and a corrective court order. Any subsequent offenses would be subject to a civil penalty of up to $1,000 plus court costs, a corrective court order, and a civil contempt charge. Dubuque bread 2007 Last Name Any Other Names Used Phone Number(s) Date of Birth Sex Social Security Number Current Address: City of Dubuque Prospective Tenant Background Check Consent Form Three (3) Prior Addresses (Include City, State, Zip) 1. 2. 3. Address to Be Rented: First Name Middle Name Landlord /Property Manager: Phone: ► Additional household members eighteen (18) years or older: (Name, Date of Birth) 1. 3. 2. 4. Number of household members under eighteen (18) years of age: Have you been convicted of a felony or a serious or aggravated misdemeanor in the past five (5) years? If yes, explain: I hereby consent to the use of the above information to search my criminal history records. I am of legal age, sign this as my own free act and deed, and understand what it means and what I am agreeing to by signing. Signature ► Additional household members eighteen (18) years or older must also complete a Prospective Tenant Background Check Consent Form For Internal Use Only Date THE CTTV OF DUBUQUE .l•Ltsterpiece on the :4lis5issippi Form Received by: Date: Check Completed by: Date: • enant Screening Procedures Form Submission Information A task force of city staff representing the Police Department, Housing and Community Development Department, and City Attorney's Office has put together a system for tenant screening to conduct local and national criminal background checks. This service is available free of charge to landlords owning rental property within Dubuque city limits. Simply fill out a "Prospective Tenant Background Check Consent Form" and submit it: • In person • Via fax • Via e -mail • Via mail Forms can be obtained: • In person at the Police Department • In person at City Hall, Clerk's Office • At www.cityofdubuque.org /police under "Quick Links" • Via fax if a number is provided • Via e -mail if an address is provided • Via mail if an address is provided Background checks may take up to 72 hours to complete. After the report has been received, landlords will be provided with a synopsis of the results. Submit in Person Dubuque Police Department 855 Central Ave. Dubuque, IA. 52001 Submit via Fax (563) 587 -3849 Submit via E -mail mderby @cityofdubuque.org Submit via Mail Dubuque Police Department 0/0 Records Department 770 Iowa Street Dubuque, IA. 52001 Because signatures are required, forms cannot be submitted over the phone. The City of Dubuque reserves the right to require additional information be provided with all submitted forms. Contact Information For questions regarding this information please contact: Dubuque Police Administration (563) 589 -4410 Captain of Community Oriented Policing (563) 587 -3807 Lieutenant of Crime Prevention (563) 589 -4473 Dubuque Police Records Department (563) 589 -4443 Masterpiece on the Mississippi APARTMENT Frei Tenant Screening Options THE. CITY OF Masterpiece on the Mississippi Service Goal Tips for Landlords Crime Free Multi - Housing The goal of the Dubuque Police Department is to create a safe and secure environment for the citizens they serve. As an accredited agency, the Dubuque Police Department recognizes the fundamental value of human life and dignity, and is committed to providing community service and protection. The City of Dubuque wants landlords to be successful. Screening applications is a proven way to stabilize rental properties, increase occupancies, and reduce complaints. For this reason, the City has committed funds to provide FREE LOCAL AND NATIONAL CRIMINAL BACKGROUND CHECKS of all prospective tenants age eighteen (18) and over. Benefits of Tenant Screening • Avoid costs of collections, evictions, legal fees, repairs, re- renting; Objective, third -party evaluations; Social Security number fraud screening; Verification of application information; Reduce landlord liability; Lower tenant turn -over; and Increased rent revenues ra' � 411100 .* * .. ♦ • f i t 1 tt,4l 1, - ■ i , APARTMENTS R RENT • Screen tenants • Get all consent forms and lease agreements in writing • Handle security deposits properly • Make repairs Provide secure premises • Provide notice before entering • Disclose environmental hazards • Obtain insurance • Resolve disputes • Establish an agreement outlining tenant behavior and expectations requiring written tenant agreement • Establish an eviction policy and procedure for tenants who have become involved in criminal activity • Establish a written screening, evaluation, and selection policy • Attend the Crime -Free Multi- Housing Training Community Oriented Policing Community Oriented Policing is both a philosophy and organizational strategy that allows law enforcement agencies and community residents to work closely together in creative ways to solve the problems of crime in the community. The COP unit is involved in several neighborhood associations as well as the Dubuque Landlord Association. To learn more about services that may be available to you, please contact: Captain of Community Oriented Policing (563) 587 -3807 As a landlord or property manager, do you sometimes ask yourself... • "What are appropriate questions to ask when I screen a tenant ?" • "What should my rental agreement include ?" "What if I am faced with evicting a tenant? Where do I start ?" • "What roles can mediation or Police services play in reducing crime or the potential for crime in my building ?" ... If you do, the Dubuque Crime -Free Multi - Housing Certification Program is for you! This training program provides comprehensive information on all aspects of managing property. Issues addressed include: • Identifying quality tenants • Writing rental agreements • Handling evictions • Property security and fire safety • Police services Presenters include local attorneys and individuals from the following departments: • Legal Services • Housing Services • Police • Fire • Human Rights For more information on these services, please contact: Lieutenant of Crime Prevention (563) 589 -4473 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6 -6 -7 LICENSES AND INSPECTIONS REQUIRING A PROPERTY OWNER, MANAGER, OR LICENSED REAL ESTATE PROFESSIONAL TO PARTICIPATE IN THE CRIME FREE MULTIHOUSING PROGRAM AS A CONDITION OF A LICENSE ISSUANCE OR RENEWAL FOR A RENTAL DWELLING OPERATING LICENSE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6 -6 -7 of the City of Dubuque Code of Ordinances is amended to read as follows: 6 -6 -7. LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: ORDINANCE NO. 11 1. License Required: No property owner, manager, or licensed real estate professional may operate a "rental dwelling unit ", as defined by this Housing Code, in the city unless such person holds a current rental dwelling operating license issued by the city manager in the name of the property owner, manager, or licensed real estate professional for the specific named dwelling. 2. Terms of Operating Licenses: a. Every operating license issued will be for a term of one (1) calendar year from the date of its issuance, and upon application, may be renewed and remain effective for successive periods of one (1) calendar year unless sooner revoked by the city manager for noncompliance with any applicable provision of this Housing Code. b. If a property owner, manager, or licensed real estate professional is designated a priority category of the Housing Code under Section 6 -6 -11 of the Code of Ordinances, the city manager may suspend, revoke, or reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. c. A rental dwelling operating license may be transferred from one property owner, manager, or licensed real estate professional to another property owner, manager, or licensed real estate professional, provided notice of transfer is given in writing to the city manager not less than five (5) working days prior to the proposed transfer. Such notice must include the name and address of the property owner, manager, or licensed real estate professional succeeding to the ownership or control of such licensed dwelling. d. A rental dwelling operating license is not transferable from one dwelling to another dwelling. e. A property owner, manager, or licensed real estate professional holding an operating license must give notice in writing to the city manager not Tess than five (5) working days after having transferred or otherwise disposed of the ownership or control of the licensed dwelling. Such notice must include the name and address of the property owner, manager, or licensed real estate professional succeeding to the ownership or control of such licensed dwelling. 3. Suspension /Revocation: a. The city manager may, for good cause, suspend or revoke a rental dwelling operating license for a dwelling, and in the case of a multi - family dwelling, suspend the license as to one (1) or more units for a period not to exceed one (1) year for any of the following: (4) Nonpayment of the fee for renewal of the dwelling operating license; (5) Failure to attend the Crime Free Multihousing Program; or (6) Failure to perform a required criminal background check on an applicant for tenancy. b. Prior to any suspension or revocation under this subsection, the city manager must give notice in writing to the property manager, owner, or licensed real estate professional and provide for an opportunity to appeal under Section 6 -6 -9 of the Code of Ordinances. c. During the period of revocation or suspension, a unit for which the license was suspended or revoked may not be relicensed. 4. Licenses: The city manager is hereby authorized to issue and renew a rental dwelling operating license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met: a. The property owner, manager, or licensed real estate professional must first make application therefor on an application provided by the city manager. b. The dwelling for which a rental dwelling operating license is sought is warranted by the property owner, manager, or licensed real estate professional to substantially comply with this Housing Code. d. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The agent must have the same authority and responsibility as the property owner, manager, or licensed real estate professional for maintaining the dwelling. e. The property owner or manager must have completed the Crime Free Multihousing Program (the Program) or a program of continuing education approved by the city manager as follows: (1) A property owner or manager who manages over ten (10) rental units must complete the Program within twelve (12) months of the passage of this ordinance. (2) A property owner or manager who manages between five (5) and nine (9) rental units must complete the Program within twenty - four (24) months of the passage of this ordinance. (3) A property owner or manager who manages between one (1) and four (4) rental units must complete the Program within thirty -six (36) months of the passage of this ordinance. (4) Until such time as the property owner or manager has completed the Program or an equivalent program of continuing education approved by the city manager, only a temporary rental license may be issued. 6. Relationship of License to Other Codes: The issuance of a license for a rental dwelling unit does not in any way signify or imply that the rental dwelling unit conforms with Iowa law and the Code of Ordinances, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and the Code of Ordinances. B. Inspections: (5) A property owner or manager who has completed the Program since 2000 according to the city's records, or who can provide other proof of completion, will be exempted from this requirement. (6) Licensed real estate professionals are exempted from the Crime Free Multihousing Program attendance requirement. f. 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. 1. General: All real or personal property used or intended to be used for residential purposes is subject to inspection by the city manager or city manager's designee: a. Whenever requested and approved by the property owner, manager, licensed real estate professional, or occupant; c. Whenever, upon inspection, a violation of this Housing Code is found, and notice and order to correct is given, the dwelling unit is subject to re- inspection to determine if the required corrections have been made; d. When the dwelling unit is located in any area designated by the city for comprehensive block enforcement of the Housing Code; or, 2. Inspection Requirements for All Licensed Dwellings: a. All rental dwelling units are subject to regular Housing Code enforcement inspection and follow -up re- inspection as necessary. There Attest: will be no charge for the initial rental dwelling unit inspection, for any complaint generated inspection, and for two (2) follow -up re- inspections. For each required additional follow -up re- inspection, a re- inspection fee must be paid by the property owner, manager, or licensed real estate professional in an amount set by the city manager. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city manager or the city manager's designee will mail written notice by regular mail to the license holder and any known tenants of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder fails to be present at the time of the scheduled inspection and the inspector is unable to obtain entry to the dwelling unit, a second inspection will be scheduled and a rescheduling fee must be paid by the license holder in an amount set by the city manager. c. The license holder may cancel a scheduled inspection one (1) time without payment of the rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than forty eight (48) hours prior to the scheduled inspection. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the 3rd day of January, 2011. Jeanne F. Schneider, CMC City Clerk Roy D. Buol, Mayor EFFECT OF AMENDMENT 6 -6 -7.= LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: 1. License Required: No property owner, manager, or licensed real estate professional may person shall operate a "rental dwelling unit ", as defined by this hHousing sCode, in the city unless such person holds a current unrcvoked rental dwelling operating license issued by the city manager in the name of the property owner, manager, or licensed real estate professional/operator for the specific named dwelling. 2. Terms Oof Operating Licenses: a. Every operating license issued will be for a term shall remain effective for a period of up to one (1) calendar year from the date of its issuance, and upon application, may be renewed and remain effective for successive periods of one (1) calendar year unless sooner revoked at any time by the city manager for noncompliance with any applicable provisions of this #Housing sCode. b. If a property owner, manaqer, or licensed real estate professional is designated a priority category of the Housing Code under Section 6 -6 -11 of the Code of Ordinances, the city manager may suspend, revoke, or reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. c. A Rrental dwelling operating licenses may be transferred from one property owner, manager, or licensed real estate professionalperson to another property owner, manager, or licensed real estate professional person, provided notice of transfer is given in writing to the city manager not Tess than within five (5) working days prior to of-the proposed transfer to the city manager. Such notice must include the name and address of the property owner, manager, or licensed real estate professional succeeding to the ownership or control of such licensed dwelling. d. A Rrental dwelling operating licenses is shall not- Jae-transferable from one dwelling to another dwelling. e. A property owner, manager, or licensed real estate professional Every person holding an operating license mustshall give notice in writing to the city manager not less than -five (5) working days after having transferred or otherwise disposed of the ownership or legal control of the licensed dwelling. Such notice mustshall include the name and address of the property owner, manager, or licensed real estate professionalperson or-- persons ssucceeding to the ownership or control of such licensed dwelling. 3. Suspension /Revocation: a. The city manager may, for good cause, suspend or revoke any rental dwelling operating license for a dwellingisvued under this chapter, and er-in the case of a multi - family dwelling, suspend the license as to one (1) or more units for a period not to exceed one (1) year for any of the following: (4) Nonpayment of the fee for renewal of the dwelling operating license.. -] (5) Failure to attend the Crime Free Multihousinq Program; or (6) Failure to perform a required criminal background check on an applicant for tenancy. b. Prior to any suspension or revocation under this ssubsection, the city manager must shall give notice in writing to the property manager, owner, or licensed real estate professional and provide for an opportunity to appeal under Section 6 -6 -9 of the Code of Ordinances.ewn-er and /or agent. c. During the period of revocation or suspension, athe unit or units for which the license was suspended or revoked mayshall not be relicensed. 4. Licenses: The city manager is hereby authorized to issue and renew a rental dwelling operating licenses for specific dwellings, in the names of the applicant property owner, manager, or licensed real estate professionalowncrs, operators or managers, provided the following criteria are met: a. The property owner, manager, or licensed real estate professional must first make application therefor on an application provided by the city manager. ab. The dwelling for which a rental dwelling operating license is sought is warranted by the property owner, manager, or licensed real estate professional or operator to substantially comply with applicable provisions of -this 141-lousing GCode. b. The owncr or operator legally authorized and responsible for by the city manager. d. The property owner, manager, or licensed real estate professionalapokant mustshatl designate a responsible agent to represent the property owner, manager, or licensed real estate professional owner /operator whenever the applicantproperty owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The Said agent mustshall have the same full- authority and responsibility_, the same as the property owner, manager, or licensed real estate professional owner /operator, for maintaining the dwelling. e. The property owner or manager must have completed the Crime Free Multihousing Program (the Program) or a program of continuing education approved by the city manager as follows: (1) A property owner or manager who manages over ten (10) rental units must complete the Program within twelve (12) months of the passage of this ordinance. (2) A property owner or manager who manages between five (5) and nine (9) rental units must complete the Program within twenty - four (24) months of the passage of this ordinance. (3) A property owner or manager who manages between one (1) and four (4) rental units must complete the Program within thirty -six (36) months of the passage of this ordinance. (4) Until such time as the property owner or manager has completed the Program or an equivalent program of continuing education approved by the city manager, only a temporary rental license may be issued. (5) A property owner or manager who has completed the Program since 2000 according to the city's records, or who can B. Inspections: provide other proof of completion, will be exempted from this requirement. (6) Licensed real estate professionals are exempted from the Crime Free Multihousinq Program attendance requirement. f. 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. 6. Relationship 9of License Tto Other Codes: The issuance of any license for any rental dwelling unit doesshafl not in any way signify or imply that the rental dwelling unit conforms with lowastatc law and the Code of Ordinances nor does of the city. Tthe issuance of a license shall not relieve the property owner, manager, or licensed real estate professional owner or operator oof the responsibility for compliance with said applicable lowaetatc law and the Code of °Ordinances. 1. General: All real or personal property used or intended to be used for residential purposes shall isbe subject to inspection by the city manager or city manager's designee: a. Whenever requested and approved by the property owner, manager, licensed real estate professional, owner -or occupant; or c. Whenever, upon inspection, a violation of this hHousing GCode is found, and notice and order to corrects is given, and-the dwelling unit is shall be subject to re inspection to determine if the required corrections have been made; or d. When the dwelling unit is located in any area designated by the city council for comprehensive block enforcement of the hHousing GCode; or Of 2. Inspection Requirements Ffor All Licensed Dwellings: a. All rental dwelling units arechall be subject to regular hHousing GCode enforcement inspection and follow = up re- inspection as necessary. There will shall be no charge for the initial rental dwelling unit inspection, for any complaint generated inspection, and for two (2) follow re inspections. For each required additional follow = up re inspection, a re inspection fee mustshall be paid by the property owner, manager, or licensed real estate professionalewner in an amount setdetermined by the city manager. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city manager or the city manager's designee he-using officer willsha -ll mail written notice by regular mail to the license holder and any known tenants of cctting out the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder fails to be present at the time of the scheduled inspection and the inspector is unable to obtain entry to the dwelling unit, a second inspection shall will be scheduled and a rescheduling fee mustshafl be paid by the license holderewner in an amount setdetermined by the city manager. c. The license holder may cancel a scheduled inspection one (1) time without payment of the rescheduling fee, provided the city manager or the city manager's designee housing officcr is notified of the cancellation not less than forty eight (48) hours prior to the scheduled inspection. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 11 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS BY ADOPTING A NEW SECTION 6 -6 -11 PRIORITY CATEGORY; AMENDING CHAPTER 6 HOUSING REGULATIONS BY ADOPTING A NEW SECTION 6 -6 -12 PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS; AND AMENDING CHAPTER 6 HOUSING REGULATIONS BY ADOPTING A NEW SECTION 6 -6 -13 INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 6, Chapter 6 of the City of Dubuque Code of Ordinances is amended by adding thereto the following new sections: 6 -6 -11. PRIORITY CATEGORY: A. The city manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the Housing Code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with Housing Code orders in excess of ninety (90) days without either an extension of time or variance from the Housing Code Appeals Board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; 5. Receives a citation for a Housing Code violation; 6. Receives a citation for a violation of the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, National Electric Code, or any other codes adopted by the City of Dubuque; or 7. Receives a citation for a Fire Code violation. B. Notice of Priority Category Status: Whenever the city manager designates a property owner, manager, or licensed real estate professional to be a priority category under Section 6- 6- 11(A), the city manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the city manager to the Housing Code Appeals Board; b. An appeal must be made in writing and filed with the city manager within fourteen (14) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Housing Code violations. 6 -6 -12. PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice of Appeal. A property owner, manager, or licensed real estate professional designated a priority category by the city manager under Section 6 -6 -11 may appeal to the Housing Code Appeals Board for a reconsideration of such status, provided a notice of appeal is filed with the Board within fourteen (14) days of receipt of the notice of the designation. The notice of appeal must include the following: 1. Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing address. B. Appeal Filing Fee. At the time of filing the notice of appeal, the appellant must pay therewith a filing fee in an amount set by the city manager. If the Board reverses the designation, the fee will be fully refunded. C. Notice of Hearing. Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the Board must fix a date, time, and place for hearing the appeal, which may be not less than thirty (30) days nor more than sixty (60) days from the date the appeal was filed with the Board unless the appellant agrees to an earlier date for the hearing. Written notice of the time and place of the hearing must be given at least ten (10) days prior to the date of the hearing to the appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appellant's address shown on the notice of appeal. D. Waiver. The failure to file a notice of appeal in accordance with this section constitutes a waiver of the appeal. E. Appeals Process. The conduct of hearing appeals filed with the Housing Code Appeals Board is governed by Title 2, Chapter 1 of this Code. F. Appeals Board Action. Following the hearing, the Housing Code Appeals Board may, by a majority vote, affirm the designation or reverse the designation. 6 -6 -13: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manager's designee may order the inspection of any or all properties owned or managed by a priority category. The fee for such inspection will be as set by the city manager. The properties owned or managed by a priority category may be put on an accelerated inspection schedule by the city manager or the city manager's designee. If a priority category fails to comply with an inspection schedule or pay any inspection fee, the rental license may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. Attest: Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 3rd day of January, 2011. Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor 6 -6 -11. PRIORITY CATEGORY: EFFECT OF AMENDMENT A. The city manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the Housing Code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with Housing Code orders in excess of ninety (90) days without either an extension of time or variance from the Housing Code Appeals Board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; 5. Receives a citation for a Housing Code violation; 6. Receives a citation for a violation of the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, National Electric Code, or any other codes adopted by the City of Dubuque; or 7. Receives a citation for a Fire Code violation. B. Notice of Priority Category Status: Whenever the city manager designates a property owner, manager, or licensed real estate professional to be a priority category under Section 6- 6- 11(A), the city manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the city manager to the Housing Code Appeals Board; b. An appeal must be made in writing and filed with the city manager within fourteen (14) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Housing Code violations. 6 -6 -12. PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice of Appeal. A property owner, manager, or licensed real estate professional designated a priority category by the city manager under Section 6 -6 -11 may appeal to the Housing Code Appeals Board for a reconsideration of such status, provided a notice of appeal is filed with the Board within fourteen (14) days of receipt of the notice of the designation. The notice of appeal must include the following: 1. Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing address. C. Appeal Filing Fee. At the time of filing the notice of appeal, the appellant must pay therewith a filing fee in an amount set by the city manager. If the Board reverses the designation, the fee will be fully refunded. C. Notice of Hearing. Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the Board must fix a date, time, and place for hearing the appeal, which may be not less than thirty (30) days nor more than sixty (60) days from the date the appeal was filed with the Board unless the appellant agrees to an earlier date for the hearing. Written notice of the time and place of the hearing must be given at least ten (10) days prior to the date of the hearing to the appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appellant's address shown on the notice of appeal. D. Waiver. The failure to file a notice of appeal in accordance with this section constitutes a waiver of the appeal. E. Appeals Process. The conduct of hearing appeals filed with the Housing Code Appeals Board is governed by Title 2, Chapter 1 of this Code. F. Appeals Board Action. Following the hearing, the Housing Code Appeals Board may, by a malority vote, affirm the designation or reverse the designation. 6 -6 -13: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manaqer's designee may order the inspection of any or all properties owned or managed by a priority category. The fee for such inspection will be as set by the city manager. The properties owned or managed by a priority category may be put on an accelerated inspection schedule by the city manager or the city manager's designee. If a priority category fails to comply with an inspection schedule or pay any inspection fee, the rental license may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. 1 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Landlord Notification Letters DATE: December 16, 2010 The Safe Community Task Force recommendations include an item related to the importance of landlords being notified about police calls to their rental property. "Establish threshold number of complaint calls that will place a problem property in priority category. Establish policies and processes for immediate response and resolution of problems involving those properties." Chief of Police Mark Dalsing has provided information on the status of the Police Department's Landlord Notification system implemented in 2010. City staff is still developing procedures to meet the remaining elements of this recommendation. Michael C. Van Mi igen MCVM:lw Attachment cc: Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Chris Kohlmann, Information Services Manager Mark Murphy, Emergency Communications Manager Kelly Larson, Human Rights Director Phyllis Russell, Management Intern Safe Community Task Force Dubuque kraal All - America City 2007 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manager November 24, 2010 FR: Mark M. D 1/4 o ng Chief of Police RE: Landlord Notification Letters INTRODUCTION This memo will detail the history and current results of a landlord notification system the Dubuque Police Department has in place. BACKGROUND For several years, the Dubuque Police Department had a system in place where landlords, owners or property managers of Dubuque rental properties were notified of police responses to their properties. The original process started in the Community Policing unit in the 90's after landlords expressed concern that they weren't aware of problems at their properties until they became an issue and police requested corrective actions be taken. In response the Department began notifying landlords via a letter from the Chief of Police. This system was done through a review of daily shift reports and identification of potential ongoing problem areas. While this was a successful process it was subject to daily human review of reports, knowledge of rental property addresses, and was subjective to the types of calls that would warrant a letter. Through the continued partnership with the Dubuque Area Landlords Association, this was an identified area where further expansion was needed. The Dubuque Police Department, Housing Services and Information Services staff worked to create and implement an automated system of landlord notifications. Through this system, specific police calls for service (CFS) are cross checked against the City's licensed rental property database. If the CFS is one of the 51 specified call types ranging from Animal Noise Complaints and Loud Music to Fights in Progress and Burglary, the system triggers an automated letter if the address is in the licensed rental property database. A letter is then prepared to the individual (or company) on the license and contains the date and time of the call, the call type, the case number, the investigating officer(s) name, and an invitation to contact the department for the specifics of the incident. The system went into operation on December 06, 2009. Through November 21, 2010, 1163 letters have been sent out, an average of 23.26 letters per week. The lowest week was February 8 -14, 2010 when only 12 letters went out and the highest weeks were July 12 -18, 2010 and August 02 -08, 2010 when 39 letters were sent out. The letters are sent through the US Postal system at a cost of $.44 each. There are occasionally multiple letters to single property managers that can go in one mailing, but it's estimated that occurs around only 5% of the time. In total the department has expended approximately $450 to $500 on the letters in the approximate year the system has been in place. The current system has had some tweaks and changes made since it was created, including adding and removing of various call natures as well as adding an officer e-mail option for the landlords. CONCLUSION & RECOMMENDATION Over time and with a working partnership, as well some trial and error, the Dubuque Police Department has developed a good system of notifying landlords of potential problems at their properties. Through this system the department has created a system to keep landlords in the loop of what is happening at their property. Should patterns develop with specific landlords, these letters will be an asset for the City in any enforcement procedures. More often these letters serve as tools the landlords can use to successfully manage their properties by identifying potential problem tenants and holding the tenants accountable for their actions and to the provisions of their leases. ACTION REQUESTED This is an informational memo only. No action is requested.