Safe Community Task Force_Support Landlords in Evicting Problem Tenants for CauseMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Safe Community Task Force Recommendation
Support Landlords in Evicting Problem Tenants for Cause
DATE: March 2, 2011
Dubuque
itittill
All4merica City
1 /
2007
One of the Safe Community Task Force recommendations was to support landlords in
evicting problem tenants for cause. Assistant City Attorney Crenna Brumwell met with a
sub -group of the Dubuque Area Landlord Association and it was determined that
addressing problem behavior of tenants directly with tenants is one way for the City to
aid landlords in securing evictions.
City departments currently address problem tenant behavior in a number of ways
including notices, orders, and municipal infractions. Landlords can use the notices,
orders, and municipal infractions issued by the City to make a case in the District Court
for Dubuque County that a tenant is in violation of lease provisions or creates a clear
and present danger under Iowa law. However, the City's public nuisance ordnance
could be expanded to include additional items which would assist both City staff and
landlords in addressing problem behavior.
Assistant City Attorney Crenna Brumwell recommends City Council approval of two
additions to the public nuisance ordinance. The first is adoption of a clear and present
danger standard. The clear and present danger standard would allow the City to cite
individuals who commit or threaten assault, illegally possess, use, or threaten use of
firearms, and or illegally possess controlled substances within 1,000 feet of a property
with the permission of the property owner, resident, or occupant.
The second modification would adopt a disorderly house provision. The disorderly
house designation is similar to the crime property ordinance the City currently uses for
enforcement against property owners. The addition will allow for similar enforcement
directly with the individual causing the behavior.
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
/ 1
Michael C. Van Milligen
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, Es
ASSISTANT CITY ATTORNEY
MEMORANDUM
To: Michael C. Van Milligen, City Manager
DATE: February 22, 2011
RE: Safe Community Task Force Recommendation
Support Landlords in Evicting Problem Tenants for Cause
One of the Safe Community Task Force recommendations was to support landlords in
evicting problem tenants for cause. I have been meeting with a sub -group of the
Dubuque Area Landlord Association, which included Jerry Maro, Lynn Lample, Carol
Copeland and Tom Swift, to determine how the City may be able to accomplish this
goal. Over the course of our meetings it was determined that addressing problem
behavior of tenants directly with tenants is one way for the City to aid landlords in
securing evictions.
City departments currently address problem tenant behavior in a number of ways
including notices, orders, and municipal infractions. Landlords can use the notices,
orders, and municipal infractions issued by the City to make a case in the District Court
for Dubuque County that a tenant is in violation of lease provisions or creates a clear
and present danger under Iowa law. However, the City's public nuisance ordinance
could be expanded to include additional items which would assist both city staff and
landlords in addressing problem behavior.
Attached are two proposed additions to the public nuisance ordinance. The first is
adoption of a clear and present danger standard. It corresponds to the clear and
present danger provision in the Uniform Residential Landlord and Tenant Law in Iowa
Code, Chapter 562A. The clear and present danger standard would allow the city to
cite individuals who commit or threaten assault, illegally possess, use, or threaten use
of firearms, and or illegally possess controlled substances within one thousand (1000)
feet of a property with the permission of the property owner, resident, or occupant.
The second modification would adopt a disorderly house provision. The disorderly
house designation is similar to the crime property ordinance the city currently uses for
enforcement against property owners. This addition will allow for similar enforcement
directly with the individual causing the behavior.
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
While both of the amendments were brought about as a way to assist landlords in
evicting problem tenants enforcement will not be limited to rental properties. The
provisions will be available for use by city staff to address issues at owner - occupied
homes as well.
Specific to rental property, following the issuance and resolution of a municipal
infraction police officers could be available to assist landlords in eviction actions.
The attachment additions to the public nuisance ordinance are provided for review and
consideration by the City Council. If you have any questions please let me know.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 17 11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 4 NUISANCES,
SECTION 6 -4 -3 PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES
ENUMERATED BY ADDING A PROVISION PROHIBITING THE CREATION OF A
CLEAR AND PRESENT DANGER TO OTHERS AND MAINTAINING A DISORDERLY
HOUSE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -4 -3 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -4 -3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED:
Whatever is injurious to the public health or safety or an obstruction to the free use of
property so as to interfere with the comfortable enjoyment of life or property by the
public is deemed a "public nuisance ". A "public nuisance includes, but is not limited to,
the following:
O. Clear and Present Danger to Others: A clear and present danger to the health or
safety of others is created when on or within one thousand feet (1000') of a property the
following activities of any person on the premises with the consent of the property
owner, resident, or occupant:
1. Physical assault or the threat of physical assault.
2. Illegal use of a firearm or other weapon, the threat to use a firearm or
other weapon illegally, or possession of an illegal firearm.
3. Possession of a controlled substance unless the controlled substance was
obtained directly from or pursuant to a valid prescription or order by a licensed
medical practitioner while acting in the course of the practitioner's professional
practice. This paragraph applies to any other person on the premises with the
consent of the tenant, but only if the tenant knew of the possession by the other
person of a controlled substance.
4. The above will not apply to a property owner, resident, or occupant if the
activities, as described in 1, 2, and 3 above, are caused by a person on the
premises who does not reside at the premises and the property owner, resident,
or occupant takes at least one (1) of the following measures against the person
conducting the activities:
a. The property owner, resident, or occupant seeks a protective order,
restraining order, order to vacate the homestead, or other similar relief
pursuant to Iowa Code, Chapter 236, 598, 664A, or 915, or any other
applicable provision which would apply to the person conducting the
activities causing the clear and present danger.
b. The property owner, resident, or occupant reports the activities
causing the clear and present danger to a law enforcement agency or the
county attorney in an effort to initiate a criminal action against the person
conducting the activities.
c. The property owner, resident, or occupant writes a letter to the
person conducting the activities causing the clear and present danger,
telling the person not to return to the premises and that a return to the
premises may result in a trespass or other action against the person, and
the tenant sends a copy of the letter to a law enforcement agency whose
jurisdiction includes the premises. If the tenant has previously written a
letter to the person as provided in this paragraph, without taking an action
specified in paragraph "a" or "b" or filing a trespass or other action, and
the person to whom the letter was sent conducts further activities causing
a clear and present danger, the tenant must take one (1) of the actions
specified in paragraph "a" or "b" to be exempt from proceedings pursuant
to subsection 1.
d. However, in order to fall within the exemptions provided within this
subsection, the property owner, tenant, or occupant must provide written
proof to the City of Dubuque, prior to the commencement of a suit against
the property owner, resident, or occupant, that the property owner,
resident, or occupant has taken one (1) of the measures specified in
paragraphs "a" through "c ".
P Disorderly House.
1. Disorderly house means a building, dwelling, establishment, curtilage,
premises, or place where prohibited conduct occurs.
2. Prohibited conduct means activities in violation of statutes or ordinances
relating to any of the following:
a. Illegal gambling.
b. Prostitution, pandering, pimping, or indecent conduct.
c. Sale or possession of controlled substances, unless the controlled
substance was obtained directly from or pursuant to a valid prescription or
order by a licensed medical practitioner while acting in the course of the
practitioner's professional practice.
d. Unlawful liquor sales.
e. Unauthorized delivery or manufacture of a controlled substance,
f. Bootlegging,
g. Physical assault,
h. Threat of physical assault,
i. Illegal use and /or possession of firearms or other weapons.
j. The threat to use a firearm or weapon illegally.
k. Excessive noise,
I. Loitering,
m. Disorderly conduct,
n. Possession of Alcohol Under the Legal Age (PAULA) by property
owner, tenant, or occupant.
o. Possession of drug paraphernalia,
p. Public intoxication,
q. Aiding & Abetting.
Attest:
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 7th d of March , 2011.
0 % _
Roy D. uol, Mayor
eanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
6 -4 -3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED:
Whatever is injurious to the public health or safety or an obstruction to the free use of
property so as to interfere with the comfortable enjoyment of life or property by the
public is shall be deemed a "public nuisance ". A "public nuisance" shall includes, but is
not be- limited to, the following:
O. Clear and Present Danger to Others: A clear and present danger to the health or
safety of others is created when on or within one thousand feet (1000') of a property the
following activities of any person on the premises with the consent of the property
owner, resident, or occupant:
1. Physical assault or the threat of physical assault.
2. Illegal use of a firearm or other weapon, the threat to use a firearm or
other weapon illegally, or possession of an illegal firearm.
3. Possession of a controlled substance unless the controlled substance was
obtained directly from or pursuant to a valid prescription or order by a licensed
medical practitioner while acting in the course of the practitioner's professional
practice. This paragraph applies to any other person on the premises with the
consent of the tenant, but only if the tenant knew of the possession by the other
person of a controlled substance.
4. The above will not apply to a property owner, resident, or occupant if the
activities, as described in 1, 2, and 3 above, are caused by a person on the
premises who does not reside at the premises and the property owner, resident,
or occupant takes at least one (1) of the following measures against the person
conducting the activities:
a. The property owner, resident, or occupant seeks a protective order,
restraining order, order to vacate the homestead, or other similar relief
pursuant to Iowa Code, Chapter 236, 598, 664A, or 915, or any other
applicable provision which would apply to the person conducting the
activities causing the clear and present danger.
b. The property owner, resident, or occupant reports the activities
causing the clear and present danger to a law enforcement agency or the
county attorney in an effort to initiate a criminal action against the person
conducting the activities.
P Disorderly House.
c. The property owner, resident, or occupant writes a letter to the
person conducting the activities causing the clear and present danger,
telling the person not to return to the premises and that a return to the
premises may result in a trespass or other action against the person, and
the tenant sends a copy of the letter to a law enforcement agency whose
jurisdiction includes the premises. If the tenant has previously written a
letter to the person as provided in this paragraph, without taking an action
specified in paragraph "a" or "b" or filing a trespass or other action, and
the person to whom the letter was sent conducts further activities causing
a clear and present danger, the tenant must take one (1) of the actions
specified in paragraph "a" or "b" to be exempt from proceedings pursuant
to subsection 1.
d. However, in order to fall within the exemptions provided within this
subsection, the property owner, tenant, or occupant must provide written
proof to the City of Dubuque, prior to the commencement of a suit against
the property owner, resident, or occupant, that the property owner,
resident, or occupant has taken one (1) of the measures specified in
paragraphs "a" through "c ".
1. Disorderly house means a building, dwelling, establishment, curtilage,
premises, or place where prohibited conduct occurs.
2. Prohibited conduct means activities in violation of statutes or ordinances
relating to any of the following:
a. Illegal gambling.
b. Prostitution, pandering, pimping, or indecent conduct.
c. Sale or possession of controlled substances, unless the controlled
substance was obtained directly from or pursuant to a valid prescription or
order by a licensed medical practitioner while acting in the course of the
practitioner's professional practice.
d. Unlawful liquor sales.
e. Unauthorized delivery or manufacture of a controlled substance,
f. Bootlegging,
P. Physical assault,
h. Threat of physical assault,
Illegal use and /or possession of firearms or other weapons.
I. The threat to use a firearm or weapon illegally.
k. Excessive noise,
Loitering,
m. Disorderly conduct,
n. Possession of Alcohol Under the Legal Age (PAULA) by property
owner, tenant, or occupant.
o. Possession of drug paraphernalia,
p. Public intoxication,
q. Aiding & Abetting.