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Rental License Requirement AmendmentsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Rental License Requirement Amendments DATE: February 3, 2011 Assistant City Attorney Crenna Brumwell recommends City Council approval of an Ordinance which gives the City Manager authority to waive the Crime Free Multi - Housing Program requirement and authority to waive the criminal background check requirement recently added to the Rental Licensing Ordinance. This flexibility was not built into the ordinance and there certainly will need to be exceptions. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney Mic ael C. Van Milligen Dubuque bitd An- Ame1caCNU 1 2007 THE CTTY OF Dui Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: February 3, 2011 E MEMORANDUM RE: Rental License Requirement Amendments Attached is an ordinance which adds the following provisions to the rental licensing ordinance: 1. City Manager authority to waive the Crime Free Multihousing Program requirement. 2. City Manager authority to waive the criminal background check requirement. I would ask that the attached ordinance be reviewed and forwarded to the City Council for consideration. Thank you. Enclosure cc: David Harris, Housing & Community Development Director Jerelyn O'Connor, Neighborhood Development Specialist OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 12-11 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 ADDING A PROVISION WHICH ALLOWS THE CITY MANAGER TO WAIVE THE CRIME FREE MULTIHOUSING PROGRAM REQUIREMENT AS A CONDITION OF A RENTAL LICENSE; AND A PROVISION WHICH ALLOWS THE CITY MANAGER TO WAIVE THE CRIMINAL BACKGROUND CHECK REQUIREMENT AS A CONDITION OF A RENTAL 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: 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: 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: (7) The city manager may waive the continuing education /Crime Free Multihousing Program attendance requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: The property is properly licensed by the city of Dubuque; f. Criminal Background Checks. Attest: anne F. Schneider, City Clerk ii. The property has no history of priority category designation or any founded Code violations within the previous twelve (12) months; and, iii. A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. (1) 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. (2) The city manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that: The property is properly licensed by the city of Dubuque; ii. The property has no history of priority category designation or any founded Code violations within the previous twelve (12) months; and, iii. A waiver will not create a danger to nearby residents. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 7 day of February, 2011. Roy D. Bt I, Mayor �b� EFFECT OF AMENDMENT 6 -6 -7: LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: 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: 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: (7) The city manager may waive the continuing education /Crime Free Multihousing Program attendance requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: The property is properly licensed by the city of Dubuque. ii. The property has no history of priority category designation or any founded Code violations within the previous twelve (12) months; and, iii. A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. f. Criminal Background Checks. (1) 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.