Chapter 22A (Nuisance Ordinance) passed into law yesterday.
For a .pdf version click link below.
https://landlordsoflinncounty.org/wp-content/uploads/2013/01/Chapter-22.pdf
Make sure you come to the meeting tomorrow at the Clarion to meet with the administrators of this new Ordinance for a question and answer session.
Here is the text of the Ordinance:
Plan
22A.07 Notice of Violation—Contents
22A.08 Founded Calls for Service Charged to Nuisance Property
22A.09 Emergency Abatement
22A.10 Corrective Action by the City; Collection of Costs
22A.11 Appeals of Administrative Decisions or Actions
22A.12 Alternative Means of Enforcement
22A.13 Service of Notice
22A.01 Statement of Public Policy.
The City of Cedar Rapids has an interest in ensuring a higher quality of life for its citizens, the
preserving property values and controlling the costs of taxpayer funded services such as police,
fire and property code enforcement. In furtherance of that interest, the City seeks to ensure that
properties within the City limits are well maintained and are not resorted to for purposes of
unlawful conduct or conduct which disturbs the peaceable use of surrounding properties.
Accordingly, it is the policy of the City that properties which are shown to be Nuisance
Properties as defined by this Chapter shall be subject to the abatement process and charges
set forth herein.
1
22A.02 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
a. “Abate” means to prevent and/or eliminate.
b. “City Manager” means that person employed by the City as its City Manager or designee
of that person.
c. “Call for Service” means any occasion on which the City goes to a Property for purposes
of suspected Nuisance Activity, regardless of which City Department or Departments
respond to the incident.
d. “Corrective Action” means any action taken with respect to a Nuisance Property for the
purpose of Abating Nuisance Activity.
e. “Health, Environmental or Solid Waste violation” means a violation of Chapter 21,
Chapter 24, Chapter 25, or Chapter 29 of the Cedar Rapids Municipal Code.
f. “Founded Nuisance Activity” means an incident or incidents of Nuisance Activity which
the City finds probable cause to have occurred. Incidents of domestic violence, as
defined by Iowa Code Chapter 562A, may be categorized as Founded, but they shall not
be a factor when determining whether a property meets the criteria for a Nuisance
Property designation, or whether a penalty shall be imposed for failing to take Corrective
Action.
g. “Interested Party” means a Property Owner, resident, tenant, occupant or person in
possession or control of a property.
h. “Nuisance Activity” means conduct giving rise to the conditions, events, and/or situations
described in section 22A.03.
i. “Nuisance Property” means a Property which meets the criteria set forth in section
22A.03.
j. “Nuisance Property Abatement Plan” means that written plan which is developed by a
Property Owner, whether or not it is developed in consultation with the Nuisance
Property Abatement Coordinator, pursuant to which the Property Owner undertakes
Corrective Action at a Nuisance Property.
k. “Nuisance Property Abatement Coordinator (“NPAC”) ” is the City official charged with
the administration and enforcement of this Chapter, or any duly authorized
representative thereof.
l. “Permittee” means a person present on a particular property where an Interested Party
has allowed, consented to, or otherwise acquiesced in that person’s presence, and shall
include a person whose presence the Interested Party has failed to prevent or remove.
2
m.. “Property” means any real estate, including land, and that which is affixed, incidental, or
appurtenant to the real estate. For Property consisting of more than one dwelling unit,
the term Property may refer to a particular unit or to the portion of the Property on which
Nuisance Activity has occurred or is occurring. Property may also include areas used in
common by all units of the Property, including without limitation, other structures erected
on the Property and areas used for parking, loading, and landscaping.
n. “Property Owner” means the legal titleholder as shown by the records of the Linn County
Auditor, unless there is a recorded contract for sale of the Property, in which case it
means the contract purchaser.
o. The phrase “within one thousand feet of the Property” means the distance measured
from the central point of any Nuisance Activity to the nearest point along the parcel line
for the Property with which the Interested Party or Permittee is associated. For
purposes of this Chapter, the Property of an Interested Party or Permittee who is not
responsible for the Founded Nuisance Activity shall not be subject to Section 22A.03.
22A.03 Nuisance Property. Property shall be deemed Nuisance Property upon a determination
by the NPAC that any one or more of the following subsections is true with respect to the
Property:
a. One or more of the following Founded Nuisance Activities have occurred upon the
Property or within one thousand feet of the Property within a period of twelve consecutive
months, whether committed by an Interested Party or Permittee(s) of an Interested Party
1. Manufacture or delivery of a controlled substance in violation of Iowa Code
Chapter 124;
2. Kidnapping as defined in Iowa Code Chapter 710;
3. Arson as defined in Iowa Code Chapter 712;
4. Burglary as defined in Iowa Code Chapter 713;
5. Robbery as defined in Iowa Code Chapter 711;
6. Sex abuse as defined in Iowa Code Chapter 709;
7. Intimidation with a Dangerous Weapon as defined in Iowa Code Section 708.6;
8. Willful injury as defined in Iowa Code Section 708.4;
9. Sexual exploitation of a minor in violation of Iowa Code Section 728.12;
10. Felony gambling in violation of Iowa Code Chapter 725;
3
11. Felony criminal mischief as defined in Iowa Code Chapter 716;
12. Animal contests in violation of Iowa Code Chapter 717D; and
13. Violation of Cedar Rapids Municipal Code section 22.01(a)(2), concerning certain
nuisances.
14. Violation of Cedar Rapids Municipal Code section 23.21 concerning Dangerous
Animals.
b. Two or more of the following Founded Nuisance Activities have occurred upon the Property
or within one thousand feet of the Property within a period of twelve consecutive months,
whether committed by an Interested Party or Permittee(s) of an Interested Party:
1. Possession of a controlled substance in violation of Iowa Code Chapter 124;
2. Possessing or carrying a dangerous weapon as defined in Iowa Code Section
724;
3. Riot as defined in Iowa Code Section 723.1;
4. Serious or aggravated misdemeanor criminal mischief as defined in Iowa Code
Chapter 716;
5. Prostitution as defined in Iowa Code Section 725.1;
6. Serious or aggravated misdemeanor assault as defined in Iowa Code Chapter
708;
7. Serious or aggravated misdemeanor theft as defined in Iowa Code Chapter 714;
8. Misdemeanor gambling as defined in Iowa Code Chapter 725;
9. False imprisonment as defined in Iowa Code Section 710.7;
10. Failing to secure or keep secure a structure in accordance with Chapter 29 of the
Cedar Rapids Municipal Code and this code;
11. An unpermitted or illegal use under Chapter 32 of the Cedar Rapids Municipal
Code;
12. Unlawful discharge of any device in violation of Section 63.10A (c), of the Cedar
Rapids Municipal Code;
4
13. A violation of Section 62.33 of the Cedar Rapids Municipal Code concerning
Disorderly Houses;
.
14. Failure to disperse from an unlawful assembly as defined in Iowa Code Section
723.3.
c. Three or more of the following Founded Nuisance Activities have occurred upon the Property
or within one thousand feet of the Property within a period of twelve consecutive months,
whether committed by an Interested Party or Permittee(s) of an Interested Party:
1. A Health, Environmental, or Solid Waste violation as defined herein;
2. Unlawful assembly in violation of Iowa Code Section 723.2;
3. Defacing City Property and Graffiti as prohibited by Section 64.01, and/or Section
64.14, and/or Chapter 29 of the Cedar Rapids Municipal Code;
4. Simple misdemeanor assault in violation of Iowa Code Chapter 708;
5. Violation of Section 23.06, of the Cedar Rapids Municipal Code regarding Animal
Noise.
d. When any of the following occur upon the Property or within one thousand feet of the
Property within a period of twelve consecutive months, except as otherwise specified, whether
caused by an Interested Party or Permittee(s) of an Interested Party:
1. The property is placarded pursuant to Chapter 29 Housing Code of the Cedar
Rapids Municipal Code, except when such placard is due solely to utility
discontinuance for nonpayment of utility bill(s) by a tenant.
2. A second “no show” trip charge has been imposed in accordance with Chapter 29
Housing Code of the Cedar Rapids Municipal Code.
3. The City mows the property two or more times in a calendar year for an owner in
violation of Chapter 21 and / or Chapter 29 of the Cedar Rapids Municipal Code.
4. The City removes snow from the sidewalk two or more times in a six month period
for an owner in violation of Chapter 9 of the Cedar Rapids Municipal Code.
5. The City removes junk, debris, and/or solid waste from the property two or more
times in a twelve month period for an owner in violation of Chapter 22 and/or
Chapter 29 of the Cedar Rapids Municipal Code.
6. A violation of Chapter 29 of the Cedar Rapids Municipal Code(s) is prosecuted in
Court and the Court rules in favor of the City.
5
7. A violation of Cedar Rapids Municipal Code Chapter 22 is prosecuted in Court and
the Court rules in favor of the City.
Except where otherwise specified, the references in this section 22A.03 to provisions of the
Iowa Code or the Cedar Rapids Municipal Code shall not be construed to mean that prosecution
of the specific charge is required to proceed under this Chapter, nor shall it be construed to
mean the Nuisance Activity must be proven beyond a reasonable doubt. Rather, in determining
whether a Property is a Nuisance Property, the Nuisance Property Abatement Coordinator shall
apply the criteria of this section using a preponderance of evidence as the standard of proof.
Any determination pursuant to this section shall be subject to administrative appeal and judicial
review as set forth in this Chapter.
22A.04 Prohibitions
The following are hereby prohibited by this Chapter:
a. The creation or maintenance of or the failure to Abate a Nuisance Property.
b. Interference, delay or hindrance of enforcement of this Chapter except to pursue appeal
and/or review of administrative actions by the City Manager or NPAC.
c. The termination of a lease agreement with a tenant or other retaliation against a tenant
because that tenant notified or otherwise complained to law enforcement or other city officials
that Nuisance Activity was occurring at the Property.
22A.05 Inspection of premises.
The City Manager is authorized to enter and remain upon private property to the extent
reasonably necessary for the purpose of locating, identifying, investigating and documenting
any Nuisance Activity as defined by this Chapter and, further, for the purpose of administering
this Chapter, subject in any event to the limitations on that authority under other applicable law.
22A.06 Finding of Violation; Nuisance Property Abatement Plan
a. Upon a threshold determination by the NPAC that a Property meets the criteria of
section 22A.03 herein, the City shall cause a Notice of Violation to be served upon the
Property Owner in the manner provided by this Chapter.
b. Upon the issuance of a Notice of Violation, the Property Owner may submit a Nuisance
Property Abatement Plan specifying the Corrective Action the Owner will take, including
dates by which each Corrective Action shall be completed.
c. The NPAC shall meet with any Property Owner who has submitted a Nuisance Property
Abatement Plan to review the facts of the case and Corrective Action contemplated by
the Plan.
6
d. The submission of a Nuisance Property Abatement Plan may be the basis in for the
NPAC, pursuant to section 22A.07, to postpone by 15 days the imposition of charges
otherwise due under section 22A.08.
22A.07 Notice of Violation—Contents.
The Notice of Violation required by this Chapter shall contain:
a. The location of the Nuisance Property in question;
b. A description of what constitutes the violation of this Chapter;
c. A statement that within 15 days following service of the Notice of Violation, the Property
Owner shall be charged for future Founded Calls for Service to the Nuisance Property;
provided, however, that if the Property Owner submits a Nuisance Property Abatement
Plan, then the NPAC may postpone by 15 days the date that Founded Calls for Service
will be billed to the Property Owner.
d. A statement that pursuant to section 22A.11 of this Chapter, the Property Owner may
seek administrative appeal and/or judicial review of the NPAC’s determinations that the
Property is a Nuisance Property and the Notice of Violation.
22A.08 Founded Calls for Service Charged to Nuisance Property
With respect to a Property for which a Notice of Violation has been duly served, the NPAC shall
cause to be charged to the Property Owner all costs associated with Founded Calls for Service
to the Property, beginning on the date specified in the Notice of Violation and continuing
thereafter until the expiration of one year from the date on the Notice of Violation. This provision
shall not be construed so as to preclude an additional determination under section 22A.03 that
the Property is a Nuisance Property due to additional Nuisance Activity. In the event of such an
additional finding under section 22A.03, the twelve month period shall run from date of the most
recent Notice of Violation.
Notwithstanding the foregoing, the charges otherwise due under this section may be postponed
by the NPAC in accordance with 22A.06(d) and 22A.07(c).
22A.09 Emergency Abatement.
If it is determined by the City Manager that an emergency exists by reason of the continuing
presence or repeated occurrence of Nuisance Activity, the City may perform any action required
under this Chapter to the extent reasonably necessary to Abate the Nuisance Activity
constituting the emergency. This provision shall not be construed so as to impose any duty
upon the City to take such action. Emergency action pursuant to this section may be taken
without prior notice or hearing. Notice of emergency action shall be provided to the Property
Owner, along with an opportunity for hearing as provided in this Chapter. Subject to the
provisions of this Chapter concerning Appeals of Administrative Actions or Decisions, if the
7
amount shown by the statement has not been paid by the person within thirty days, it shall then
be collected with, and in the same manner, as special taxes.
Section 22A.10 Corrective Action by the City; Collection of Costs.
a. If a Property Owner who has been served with a Notice of Violation fails or refuses to
prevent the recurrence of Nuisance Activity, and the City is capable of correcting or
eliminating the Nuisance Activity, the City may take such lawful steps as are necessary
and proper to Abate the Nuisance Activity upon 30 days’ notice to the Property Owner.
This provision shall not be construed so as to impose any duty upon the City to take such
corrective action. In so doing, the City shall keep an accurate account of the costs
incurred in correcting or eliminating the Nuisance Activity. The NPAC shall keep an
itemized account of such costs. The salvage value, if any, of any item or items collected
in connection with such action by the City shall be retained by the City and shall be
applied as an offset against costs. In the event the salvage proceeds exceed the costs,
any such excess shall be paid promptly to the Property Owner.
b. In the event action is taken pursuant to this section, the NPAC shall mail to the Property
Owner an itemized statement of the expenses incurred, minus any salvage value, to the
Property Owner demanding payment of the expense. Subject to the provisions of this
Chapter concerning Appeals of Administrative Actions or Decisions, if the amount shown
by the statement has not been paid by the person within thirty days, it shall then be
collected with, and in the same manner, as special taxes.
.
22A.11 Appeals of Administrative Decisions or Actions.
a. Any person aggrieved by a decision or act of the City Manager or NPAC shall have the
opportunity for hearing before a duly appointed hearing officer. Any aggrieved party may
submit a request for a hearing which shall be in writing delivered to the NPAC. If said
request is received within the time stated in the notice of the action or decision in
question, the hearing shall be held pursuant to this section; any request for hearing
received thereafter shall not entitle the requesting party to a hearing.
b. Upon receipt of a timely request for hearing, the NPAC shall set a hearing to be held
within 30 days from said receipt and, further, shall give at least 10 days’ Notice to the
requesting party of the time, date and location of said hearing. The hearing may be
reset by agreement of the requesting party, the City and the hearing officer, as
confirmed in writing, but in no event shall the hearing be held any later than 60 days
after the date of the action or decision being appealed.
c. At the time of hearing, the requesting party and NPAC shall be afforded the opportunity
to present evidence and arguments. The formal rules of evidence and procedure shall
not apply. Legal counsel shall not be required but shall be permitted.
d. Within thirty days after the conclusion of an administrative hearing held pursuant to this
section, the hearing officer shall make the following written findings which shall be
8
based on a preponderance of the evidence as the standard of proof, and the City shall
serve Notice thereof upon the appealing party:
i. Whether the determination under 22A.03 was correct; and
ii. Whether the action taken upon that determination was in accordance with all
applicable law.
e. Any decision rendered pursuant to this section shall be deemed a final agency action
and subject to judicial review in accordance with Iowa law.
f. Where there has been a request for an administrative hearing pursuant to this section or
a petition for judicial review as provided by Iowa law, charges for calls for service and
any other administrative fees imposed pursuant to this Chapter shall be recorded, but
the due date therefor and collection thereof shall be suspended pending the final
outcome of any administrative hearing and/or judicial review.
22A.12 Alternative Means of Enforcement.
Without negating, restricting or otherwise limiting any conditions or sanctions imposed
pursuant to this Chapter, this Chapter may also be enforced by any lawful means including
but not limited to the following:
a. Prosecution as a simple misdemeanor in accordance with Chapter 1 of the Cedar
Rapids Municipal Code and Chapter 364 of the Iowa Code.
b. The filing of a Municipal Infraction in accordance with Chapter 1 of the Cedar Rapids
Municipal and Chapter 364 of the Iowa Code.
22A.13 Service of Notice.
Except where expressly provided otherwise, the service of notice required under this Chapter
shall be deemed effective at such time as the Notice is:
a. Delivered personally to the Owner; or
b. Delivered personally to an individual residing at the same address as the Owner
provided that said individual is at least 18 years of age;
c. Sent by certified or first-class mail addressed to the last known address of the Owner;
or
d. Posted in a conspicuous place on the Property in question, but only in cases where
the notice is returned showing that the letter was not delivered.
Section 2. Severability
9
If any section, subsection, sentence, clause or phrase of this ordinance or chapter as codified is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance
or chapter. The City Council hereby declares that it would have passed the ordinance codified in
this chapter, and each and every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion hereof would be subsequently
declared invalid or unconstitutional
Section 3. Code on File.
An official copy of the Nuisance Code hereby adopted, including a certificate by the City Clerk as to
its adoption and the effective date thereof, is on file in the office of the City Clerk in City Hall, and
shall be kept there on file and copies shall be available for public inspection.
Section 4. Effective Date this ordinance shall take effect after passage and publication as
provided by law.
Introduced this 18th day of December, 2012.
Passed this ____ day of _________, 2013.