HomeMy WebLinkAbout3997-12/22/1993ORDINANCE NO. 3997
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING CHAPTER 9.6, CRIME PROPERTY PROHIBITED.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Chapter 9.6, Crime Property Prohibited, is hereby added to the
1993 Code of Ordinances of the City of Waterloo, Iowa, as follows:
Chapter 9.6. Crime Property Prohibited.
Sec. 9.6-1. Definitions.
Unless otherwise expressly stated or unless the context
clearly indicates a different intention, the following terms shall,
for the purpose of this Chapter, have the following meanings:
(a) "Abate" or "abatement" means:
(1) As applied to owner/occupants: the removal or
correction of the condition or circumstances causing the
property to be a specified crime property and/or the complete
cessation of the action causing same.
(2) As applied to a non -occupant owner: the initiation
of all such actions or steps as may be reasonable and legal
under the circumstances (and which would ordinarily lead to an
abatement of the problem) together with a good faith
continuation of those efforts.
(b) "Bootlegging" means the illegal sale or service of
alcoholic liquor, wine, or beer in violation of Chapter 4,
Alcoholic Beverages, of this Code or Iowa Code Chapter 123.
(c) "Chief of Police" means the person who has the
responsibility to supervise and direct the City of Waterloo Police
Department and, for purposes of this Chapter, may include the
Chief's designee.
(d)
immediate
(e)
Iowa Code
"Controlled substance" means a drug, substance or
precursor as defined by Iowa Code Chapter 124.
"Gambling" means games of skill or chance as defined by
Chapter 99B and prohibited by Iowa Code Chapter 725.
(f) "Owner" means any person, agent, firm, corporation,
association, or a partnership, including a mortgagee in possession
in whom is vested all or part of the legal title to property or all
or part of the beneficial ownership and the right to present use
and enjoyment of the premises, or an occupant of that structure.
(g) "Person" means any natural person, association,
partnership, corporation, or other legal entity capable or owning
or using property.
(h) "Prostitution", "pimping", and "pandering" mean those
acts or activities as defined by Iowa Code Chapter 725.
(i) "Specified crime property" means any structure in which
activity involving the unauthorized delivery or manufacture of a
controlled substance, illegal gambling, bootlegging, prostitution,
pimping, or pandering is occurring.
(j) "Structure" means any building or structure including but
not limited to edifice, units, or any portion thereof.
ECCK 369 PAGE 641
Ordinance No. 3997
Page 2
9.6-2. Specified Crime Property Prohibited.
No person shall knowingly use or allow to be used any
structure as a specified crime property.
9.6-3. Pre -Enforcement Procedure.
Upon the direction of the Chief of Police, based on police
information, or receipt of three (3) complaints from residents or
others of deleterious activity, in reference to Section 657.1 and
657.2, Subsection 6 of the Code of Iowa, signifying a specified
crime property, the following actions shall be initiated:
1. A letter shall be sent to property owner(s) and
occupant(s) from the Chief of Police notifying them that
complaints have been received and advising them of the
penalties if those complaints are verified.
2. The Police Department shall take action to determine if
complaints are valid.
9.6-4. Civil Violations and Penalties.
Any person who violates or resists the enforcement of any of
the provisions of this Subchapter shall be guilty of a municipal
infraction punishable by a civil penalty of $100.00 for the initial
offense and $200.00 for each repeat offense. Any person who
violates a provision of this Subchapter after having previously
been found guilty of violating the same provision of this
Subchapter at the same location, shall be guilty of a repeat
offense.
Seeking a civil penalty as authorized in this Section does not
preclude the City from seeking alternative relief, including but:
not limited to any order for abatement or injunctive relief from
the Court in the same action or as a separate action.
9.6-5. Procedure for Enforcement.
When the Chief of Police has a probable cause that a structure
is being used or maintained in violation of this Subchapter, the
Chief of Police shall notify the owner of record in writing that
the structure has been declared to be a specified crime property.
Such probable cause shall include the use of a structure by a
tenant, or any person on the premises with the consent of the
tenant, which constitutes a clear and present danger to the health
or safety of other tenants, the landlord, landlord's employees or
agents, based on evidence of the following acts which include but
are not limited to:
(a) 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, or any combination of evidence of drug paraphernalia in
and around the structure, an increase in vehicular or pedestrian
traffic in and around the structure for the purpose of conducting
illegal activity, and observations of the exchange of money for
controlled substances, or unauthorized delivery or manufacture of
a controlled substance.
(b) Illegal gambling, bootlegging, prostitution, pimping or
pandering.
(c) Physical assault or the threat of physical assault.
(d) Illegal use of firearms or other weapons, the threat to
use a firearm or other weapon illegally, or possession of an
illegal firearm or weapon.
COCK 369 F cE 642
Ordinance No. 3997
Page 3
9.6-6. Notice.
The Notice required in Section 9.6-4 above shall notify the
owner(s) and occupant(s) of record in writing that a structure
owned by him or her has been declared to be a specified crime
property and such notice shall contain the following information:
(1) The street address and a description sufficient for
identification of the premises on which the structure is
located; and
(2) A statement that the Chief of Police has found the
structure or portion thereof to be in violation of this
Subchapter with an explanation as to why the structure has
been declared a specified crime property.
9.6-7. Service of Notice.
A copy of the Notice shall be served on the owner or an agent
at least twenty (20) days prior to the commencement of any judicial
action by the City. Service shall be made either personally or by
mailing a copy of the Notice by registered or certified mail,
postage pre -paid, return receipt requested to each person at his or
her address as it appears in the records of the County Auditor.
Additionally, a copy of the Notice shall be served on the occupant
of the structure if that person is different than the owner and
shall occur not less than ten (10) days prior to the commencement
of any judicial proceeding and may be made either personally or by
mailing a copy of the Notice by first-class mail, postage pre -paid,
to that person at the structure. In the event that notice is
impossible to be served as set out above, a copy of the Notice may
be posted at the property if ten (10) days have elapsed from the
service or mailing of the Notice to the owner and no response or
reply has been received by the City from the owner or occupant
during that period of time.
The failure of any person or owner to receive actual notice of
the determination of the Chief of Police shall not preclude future
proceedings under this Subchapter.
9.6-8. Effect of Notice.
Subsequent to the declaration and notice that there exists a
specified crime property, an owner shall have the opportunity to
abate the illegal activity within ten (10) days. In the case of a
landlord/tenant relationship, the owner/landlord may be deemed to
have abated the activity upon demonstration that he or she has
taken legal action as allowed by Chapter 562A of the Code of Iowa
to terminate the rental agreement and continues in good faith to
follow abatement procedures and provides the Chief of Police with
copies of all Notices served in accordance with Chapter 562A of the
Code of Iowa.
The Chief of Police or his or her designee shall be available,
upon reasonable notice, to testify in support of any Forcible Entry
and Detainer action resulting from any action initiated by the
Chief of Police in furtherance of this Ordinance.
If, after ten (10) days, the Chief of Police determines that
a specified crime property has not been abated, an action shall be
filed in compliance with Section 364.22 of the Code of Iowa.
Sec. 9.6-9. Savings Clause.
If any article, section, subsection, phrase, clause, sentence
or word in this Chapter shall for any reason be held invalid or
unconstitutional by a court of competent jurisdiction, it shall not
nullify the remainder of this Chapter, but shall be confined to the
COCK 309 PAGE 643
Ordinance No. 3997
Page 4
article, section, subsection, subdivision, clause, sentence or word
so held invalid or unconstitutional.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
December 13, 1993
December 13, 1993
December 20, 1993
December 20, 1993
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 20th day of December, 1993, and approved by
the Mayor on the 22nd day of December, 1993.
Albert C. Manning, Jr.
ATTEST:
Tom Camtr25e 1, cting City Clerk/Auditor
0222
CERTIFICATE
I, Tom Campbell, Acting City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. 3997, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 20th day of December,
1993.
1993.
SEAL,
Witness my hand and seal of office this 22nd day of December,
Tom Ca •bell
MISC
cting rty Clerk/Auditor
�✓ 14781
BLACK HAWK COUNTY, 10 A:SS
Filed for record Jan 12 19 94
at 3:30 P NI, and recorded in
MISC Fmk 309
page 641
24 ,A2
Recorder
Deputy
lee I -20.D0/
CITY OF WATERLOO
CLERK/AUDITOR
COCK 309 PACE 644
11.0 UI re tore a race snail
I not preclude future proceedings
N under this Subchapter.
9.6-8 Effect of Notice.
Subsequent to the declaration and
notivo t; It there exists a specified
crime property, an owner shall have
the al
activity within ten to n(10) daysabate . the
j case of a landlord/tenant relation- I
ship, the owner/landlord may be
deemed to have abated the Activity
upon den-,,..,tration that he or she
has taken legal action as allowed
FORM l by Chapter 562A of the Code of
Iowa t"i terminate the rental agree- I
ment an,. continues in good faith to !,
follow abat,-lent procedures and
provides the Chief of Police with
copies of all Notices served in I do solemnlycopy g swear that the annexed of legal
STATaccordance with Chapter 562A of
the Code of Iowa. SS
The Chief of Police or his or her l� vv
Blac1' designee shall be available, upon
reasonable notice, to testify in sup- 1 Ordinance, #1997
port of any Forcible Entry and
Detainer action resulting from any
action initiated by the Chief of
Police in furtherance of this
Ol Ordinance.
At If, after ten (10) days, the Chief of
Police determines that a specified
TI crime property has not been abat- j1
Ced, an action shall be filed in corn -
B pliance with Section 364.22 of the I(
Code of Iowa. ! notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in
lc Sec. 9.6-9. Savings Clause.
aIf any article, section, subsection,
ca phrase, clause, sentence or word in
this chapter shall for any reason be
held invalid or unconstitutional by a
F court of competent jurisdiction, it
shall not nullify the remainder of this day of January 19 94 in the name of
Chapter, but shall be confined to
the article, section, subsection,
subdivision, clause, sentence or
word so held invalid or unoonsu,u- said newspaper, and that the annexed rate of advertised is the regular legal rate of said
INTRODUCED: December 13,
1993
(I PASSED 1ST CONSIDERATION: newspaper, and that the following is a correct bill for publishing said notice.
T( December 13, 1993 PASSED 2ND CONSIDERATION:
c December
1993
t1PASSED 3RDCONSIDERATION:
F December 20, 1993 Printer's Bill 106.40
`PASSED AND ADOPTED by the
(City Council of the City of Waterloo,
iowa, on the 20th day of December,
'1993, and approved by the Mayor
on the 22nd day of December,
1993.
Albert C. Manning Jr., Mayor
ATTEST:
Tom Campbell, Acting City
CIerWAudtor.
City of Waterloo
Waterloo, Black Hawk County, Iowa, once commencing on the
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Signed
Subscribed and sworn to before me this I I I-11 day of
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Received of
Notary Public
the sum of
in full for publication of the above notice.
Dollars