Amendments to Housing Code (Second and Final Reading)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
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• 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
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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
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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
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APARTMENTS
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• 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
ORDINANCE NO. 5-11
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:
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 less 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.
(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.
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:
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.
18t,h
Passed, approved and adopted the day of, anuary, 2011.
/ice,
Jeanne F. Schneider, CMC
City Clerk
Roy D.'uol, Mayor
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 6-11
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:
1. Has a rental license suspended;
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:
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 o f 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 Tess 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 18 t d h ay of January, 2011.
eanne F. Schneider, City Clerk
Roy D. B J•I, 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.
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.
January 12, 2011
RE: Amendments to Housing Code — January 3, 2011
Honorable Mayor and City council:
I, John W. Herrig, on behalf of the Dubuque Area Landlord Association, and the
Residential Multifamily Property Owners, hereby request to a sit down work
session or an appearance before the City Council to be heard in reference to
action item #2. Amendments to the housing code, as per proposed.
For the past several years the majority of landlords have been working with the
Dubuque police force, obtaining criminal background checks and also as property
owners are very concerned about ridding our city of crime. We feel though, said
amendments place to much power in the hands of one, without checks and
balances, and is not good city government.
With over 7,800 rental units, we feel our concerns should be heard and have
been overlooked.
dl 'entngnp
s,'iJei;_) /4!O
8 I :01 WV z I t
03A130 31:1
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.
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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
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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.
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