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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.