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Home My WebLink About09/02/2014ORDINANCE COMMITTEE September 2, 2014 4:55 p.m. Waterloo Center for the Arts, Law Court Theater Roll Call: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. NEW BUSINESS 1. Chronic Nuisance Properties -Submitted by Daniel Trelka, Director of Safety Services. ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: September 2, 2014 Prepared: August 26, 2014 Dept. Head Signature: Daniel J. Trelka # of Attachments: 1 SUBJECT: Amend City Code Title 5, Chapter 5 (Chronic Nuisance Properties) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve ordinance amendment Summary Statement: Several citations have been issued under this ordinance since it was enacted less than a year ago. One citation was contested. Based upon the experiences in prosecution of this ordinance, the changes in the attached are recommended. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Chapter 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant 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. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/NoiseNehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." OWNER: Any person, agent, firm, corporation, association or 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. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall knowingly use or allow any property to be used as a chronic nuisance property. 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner 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 first class mail, postage prepaid, to each person at the 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 prepaid, 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. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. 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 chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5-5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this chapter after having previously been found guilty of violating the same provision of this chapter 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. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. In the past 3-month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues, you will be issued a municipal infraction in the amount of $100.00. In addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police