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HomeMy WebLinkAbout5160-05/20/2013Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5160 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 5, CRIME PROPERTY, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 5, CHRONIC NUISANCE PROPERTIES, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Crime Property, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in its entirety; that a new Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, is hereby enacted in lieu thereof as follows: CHAPTER 5 CHRONIC NUISANCE PROPERTIES 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": Ordinance No. 5160 Page 2 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/Noise/Vehicle/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 to be used any property as a chronic nuisance property. r Ordinance No. 5160 Page 3 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 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 . -� t. Ordinance No. 5160 Page 4 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. 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, you will be issued a municipal infraction in the amount of $100.00. In addition, for each subsequent police response to 134 Ordinance No. 5160 Page 5 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 INTRODUCED: May 6, 2013 PASSED 1St CONSIDERATION: May 6, 2013 PASSED 2nd CONSIDERATION: May 13, 2013 PASSED 3rd CONSIDERATION: May 20, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of May, 2013, and approved by the Mayor on the 20th day of May, 2013. Ernest G. Clark, Mayor ATTEST: Suzy S hares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5160 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of May, 2013. Witness my hand and seal of office this 20th day of May, 2013. SEAL Suzy S hares, CMC City C erk STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1415772 ORDINANCE NO. 5160 notice was published in the WATERLOO/CEDAR a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 07/18/2013, in the issues of FALLS COURIER -, 07/18/2013 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $132.59 Subscribed and swor„ri to before me this Public Received of the sum of Dollars in full for publication of the above invoice Notary Seal: ORDINANCE NO. 5160 the owner at least twenty (20) days prior AN ORDINANCE AMENDING THE 2007 to the commencement of any judicial ac - CODE OF ORDINANCES OF THE CITY tion by the city. Service shall be made OF WATERLOO, IOWA, BY REPEAL- either personally or by mailing a copy ING CHAPTER 5, CRIME PROPERTY, of the notice by first class mail, postage OF TITLE 5, POLICE REGULATIONS; prepaid, to each person a the address AND ENACTING IN LIEU THEREOF A as it appears in the records of the County NEW CHAPTER 5, CHRONIC NUISANCE Auditor. Additionally, a copy of the notice PROPERTIES, OF TITLE 5, POLICE REG- shall be served on the occupant of the ULATIONS. BE IT ORDAINED BY THE structure if that person is different than COUNCIL OF THE CITY OF WATERLOO, the owner and shall occur not less than IOWA: ten (10) days prior to the commence - That Chapter 5, Crime Property, of Title 5, ment of any Judicial proceeding and may Police Regulations, of the 2007 Code of be made either personally or by mailing Ordinances of the City of Waterloo, Iowa, a copy of the notice by first class mail, be and the same hereby repealed in its postage prepaid, to that person at the entirety; that a new Chapter 5, Chronic structure. In the event that notice is im- Nuisance Properties, of Title 5, Police possible to be served as set out above, Regulations, is hereby enacted In lieu a copy of the notice may be posted at thereof as follows: the property if ten (10) days have elapsed CHAPTER 5 fromthe service or mailing of the notice CHRONIC NUISANCE PROPERTIES to the owner. 5-5-1: DEFINITIONS In addition, a copy of the notice shall also Unless otherwise expressly stated or un- be provided to the City's Code Enforce - less the context clearly indicates a differ- .ment division. ent intention, the following terms shall, The failure of any person or owner to re - for purpose of this chapter, have the fol- ceive actual notice of the determination lowingg meaninggs: of the chief of police shall not preclude ABATE OR ABATEMENT. future proceedings under this chapter. A. As applied to ownerioccupants: the The owner of the property, upon receipt removal or correction of the condition or or posting of the notice, has 10 days to circumstances causing the property to provide the Chief of Police with a written be deemed a chronic nuisance property abatement plan. If the owner fails to do and/or the complete cessation of the ac- so the owner shall be cited, as per 5-5- icon causing same. 6, and the owner shall be charged the B. As applied to a nonoccupant owner: $50.00 per hour per officer police service the initiation of all such actions or steps fee for each subsequent nuisance activity as may be reasonable and legal under the police call to the property. If the owner circumstances (and which would ordinar- fails to pay the service fee, It shall be as- Ily lead to an abatement of the problem) sessed against the property in the same together with a good faith continuation of manner as a property tax as is allowed by those efforts. Iowa Code section 364.22. 'ENFORCEMENT ACTION: An arrest, In the case of a landlord/tenant rela- a determination that there is probable tionship, the owner (landlord) may be ,cause to make an arrest, the issuance of deemed to have abated the activity upon a citation, or issuance of a written or ver- demonstration that the owner has taken bal warning associated with a nuisance legal action as allowed by Iowa Code activity as defined below. Chapter 562A to terminate the rental NUISANCE ACTIVITIES: Any illegal activ- agreement, continues to follow abate- ity titled as the following in the Waterloo ment procedures, and provides the Chief Police Department Shield database un- of Police with copies of all notices served der "Call Reporting": in accordance with Iowa Code Chapter A. ASSAULT (Any variation of an assault) 562A. B. DISORDER (Disorderly Conduct) 5-5-6: CIVIL VIOLATIONS AND PENAL - C. DRUG (Drug Violation) TIES Any person who violates or resists D. FIGHT the enforcement of any of the provisions E. GAMBLING of this chapter shall be guilty of a mu F. LIQUOR (Liquor Violations) nicipal infraction punishable by a civil G. LOItER (Loitering) penalty of one hundred dollars ($100.00) H. LOUD (Loud/NoiseNehicle/Machinery) for the initial offense and two hundred I. LOUDPART (Loud party) dollars ($200.00) for each repeat offense. J. MEDSHOOT (Shooting in progress) Any person who violates a provision of K. PROSTITU (Prostitution) this chapter after having previously been L. SEX (Sex Offenses) found guilty of violating the same provi- M. SUSP (Suspicious) sion of this chapter at the same location N. WEAPON (Both Weapons Violations shall beguiltyof a repeat offense. and shots fired) Seeking a civil penalty as authorized in Illegal activity is that which is defined by this section does not preclude' the city Iowa Code 701.2 as a public offense; "A from seeking alternative relief, including, public offense is that which is prohibited but not limited to, any order for abate - by statute and is punishable by fine or ment or injunctive relief from the court in Imprisonment." the same action or as a separate action. OWNER: Any person, agent, fine, corpo- 5-5-7: SAMPLE NOTICE ration, association or partnership, includ- February 6, 2013 . ing a mortgagee in possession in whom Mr. William Larson is vested all or part of the legal title to 715 Mulberry Street property or all or part of the beneficial Waterloo, IA 50703 ownership and the right to present use Dear Mr. Larson, Any property that has and enjoyment of the premises, or an oc- generated three or more calls for po- cupant of that structure. lice services In any period less than 12 PERSON: Any naturalperson, associa. months for nuisance activities that result tion, partnership, corporation or other in an enforcement action is considered legal entity capable of owning or using a chronically nuisance property. Such a property. property has received more thanthe level POLICE SERVICE FEE: The police de- of general and adequate police service partment service fee is $50.00 per hour and has placed an undue and inappropri- per officer. -Any fraction of an hour is ate burden on'the taxpayers of the CITY tabulated as a complete hour. Example: OF WATERLOO. If one officer responds and is at the prop- In the. past 3 -month period, the Water erty for 15 minutes, the fee is $50.00. If Police Department has responded to 15 two officers respond and are at the prop- nuisance activity calls at your property arty for 1 minute, the fee is $100.00. located at 134 Anytown Drive. The activi- PROPERTY: Any single parcel In the ties involved include fighting, disorderly City of Waterloo assigned a Black Hawk conduct, and loud music. A detailed list .County parcel identification number. For is enclosed with this letter, as well as a property consisting of more than one copy of the City of Waterloo's Chronic unit, the term "property" shall refer to a Nuisance Property ordinance. particular unit. You have 10 days to provide me with a 5-5-2: PURPOSE written planto, abate these nuisance The purpose of this ordinance is to estab- activities. If you fail to do so, you will lish a systematic procedure for effectively be issued a municipal infraction in the abating properties that negatively :impact amount of $100.00. In addition, for each the quality of life in neighborhoods. subsequent police response to 134 Any - These types of properties tend to place town Drive for nuisance activity, you will an undue and inappropriate burden on be billed $50.00 per hour per officer who the other taxpayers in the City of Water- responds. Any fraction of an hour is tabu - loo by the frequent and chronic use of law lated as a full hour. If you fail to pay this enforcement services at the properties, service fee, it will be assessed against lr r�3 CHRONIC NUISANCE PROPER- the nronerty in the aeme manner as a