Amendment to Housing Code_Habitual Offender AdditionMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to Housing Code
DATE: July 12, 2011
At the request of the Dubuque Area Landlord Association, Housing and Community
Development Department Director David Harris is recommending an Amendment to the
Housing Code at Section 6 -6 -11A removing sections 6 and 7 that now includes in the
Habitual offender definition:
MCVM:jh
Attachment
"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."
The title is also recommended to change from "Habitual Offender" to Priority Category."
The standard for entering a Priority Category status is achieved by:
"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..."
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
Dubuque
All-America City
' '
2007
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
Jerry Maro, President, Dubuque Area Landlord Association
2
Masterpiece on the Mississippi
TO: Michael Milligen, City Manager
FROM: Dav arris
SUBJECT: Amendment to Housing Code
DATE: 13 July 11
Dubuque
qtr
2007
At the request of representatives of the Dubuque Landlords Association, Chapter 6,
Housing Regulations, of the Code of Ordinances is proposed to be amended.
Specifically, paragraph 6. at Chapter 6- 6 -11A. is removed in deference to their request.
The wording in this ordinance is also being changed, to substitute "priority category" for
"habitual violator."
OFFICIAL
PUBLICATION
ORDINANCE NO. 37-11
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH,::. HOUSING,
SANITATION, AND
ENVIRONMENT,
CHAPTER 6 HOUSING
REGULATIONS, SEC-
TION 6.6-11 HABI-
TUAL VIOLATOR BY
REMOVING THE PRO-
VISION RELATING TO
VIOLATIONS OF
OTHER CODES AND
CHANGING THE TITLE
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. Section 6 -6-
11 of the City of
Dubuque Code of
Ordinances is amended
to read as follows:
6-6-11: PRIORITY
CATEGORY:
A. Priority Category:
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 profes-
sional:,
1. Has a rental license
suspended; -
2. Has a rental license
revoked;
3. Is noncompliant
with housing code
orders in excess of
nihety ' days
without either an
extension of time or
variance from the
housing code appeals
board or good faith
progress as deter -
mined ' 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;
Section 2. This
Ordinance takes effect
upon. publication.
Passed, approved and
adapted the. 18th day
of July, 2011.
/s/Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, Acting City
Clerk
=a Published officially in
the Telegraph Herald
Newspaper the 22nd
day of July, 2011.
/s/KevinS: Firnstahl,
Jyeting Clerk
It 7/22
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefel - Goetzinger, a Billing Clerk for Woodward Communications, Inc.,
an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
circulation published in the City of Dubuque, County of Dubuque and State of
Iowa; hereby certify that the attached notice was published in said newspaper on
the following dates: July 22, 2011, and for which the charge is $17.80.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 L l .
y Public in and for Dubuque County, Iowa.
'OW'
JANET K. PAPE
Commission Number 199659
My Comm. Exp. DEC 11, 2013
Prepared by Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 37 - 11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING
REGULATIONS, SECTION 6 -6 -11 HABITUAL VIOLATOR BY REMOVING THE
PROVISION RELATING TO VIOLATIONS OF OTHER CODES AND CHANGING THE
TITLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -11 of the City of Dubuque Code of Ordinances is
amended to read as follows:
6 -6 -11: PRIORITY CATEGORY:
A. Priority Category: 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;
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 18th day of July
..e./ 27.Air
Attest:
.
Key' S. Firnsta I, Acting Cit Clerk
, 2011.
Roy D. Bit, Mayor
2. Has a rental license revoked;
EFFECT OF AMENDMENT
1 6 -6 -11: PRIORITY CATEGORYHABITUAL VIOLATOR:
A. Priority Category: 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;
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;
international residential codc, international mechanical code, international fuel
gas codc, international plumbing code, national electric codc, or any othcr codc
adopted by the city of Dubuque; or
7. Receives a citation for a fire codc violation.