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
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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
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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.