AN ORDINANCE AMENDING CHAPTER 8.12 OF THE 1995 MUNICIPAL CODE OF DAVENPORT, IOWA, BY ADDING A NEW SUBSECTION 8.12.015, ENTITLED "PROBLEM AREA NUISANCE," AND BY AMENDING VARIOUS SECTIONS THERETO.BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA: Section 1. That section 8.12.010 of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: 8.12.010 Definitions. For use in this chapter, the following terms are defined as follows: A. "Abate" means to permanently eliminate. B. "City administrator" means the city administrator and his designees including, but not limited to, attorneys within the legal department, the police department, and the department of community and economic development. C. "Dangerous driving means driving which results in a crash or other property damage, reckless driving as defined in Section 10.68.170, or careless driving as defined in Section 10.68.175 within 1500 feet of the property at issue. D. "Environmental or solid waste violation" means a violation of Chapter 8.08, Chapter 10.76, or Chapter 12.52 of the Davenport Municipal Code. E. "Interested party" means a property owner, resident, tenant, or person in possession or control of a property. F. "Nuisance" means whatever: poses an unreasonable threat to health or safety; interferes with the comfortable enjoyment of life or property in an unreasonable manner; or causes annoyance or distress to a reasonable person of normal sensitivities. In addition to the above definition and to nuisances as designated by other provisions of the Davenport Municipal Code and state law, the following are declared to be nuisances: The erecting, continuing, or using of any building or other place for the exercise of any trade, employment, or manufacture, which, by occasioning noxious exhalations, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public; The storage, placing, keeping, or leaving of building materials, appliances, furniture, machinery, equipment, or other similar personal property or fixtures outside of a dwelling or accessory building on residential lots so as to impair the residential character and/or property value of the surrounding lots or neighborhood. This definition shall not apply to boats, camping trailers, or similar recreational vehicles which are not otherwise junk vehicles under Chapter 10.76; nor shall it apply to building materials, machinery, and equipment on a residential lot when, and only when, an active and valid building permit has been issued for that residential lot. G. "Permittee" means a person whose presence on the property in issue the interested party suffers, allows, or consents to, or acquiesces to by failing to remove or prevent. H. "Property owner, means the record holder of legal title as shown by the records of the county auditor, unless there exists a contract purchaser of record, in which case itmeans the contract purchaser. I "Residential lot" means any lot of record within the city that has been zoned to be included within an R‑1, R‑2, R‑31), R‑41), R‑5M, R‑6M, or R‑7 district pursuant to Title 17 of this code. J. "Building Materials" means any material, including but not limited to, lumber, brick, concrete, plaster, plaster board, gutters, floor coverings, or other similar substances accumulated as a result of repairs, remodeling, or additions to existing buildings, or construction of new buildings, or demolition of existing structures. Section 2: that Chapter 8.12 of the 1995 Municipal Code of Davenport, Iowa, is hereby amended by adding a new section 8.12.015 entitled "Problem Area Nuisance" which reads as follows: 8.12.015 Problem Area Nuisance. A problem area nuisance exists: When one or more of the following acts are committed within a period of twelve consecutive months upon a property, or within 1500 feet of the property, by an interested party or their permittee(s): 1. Manufacture or delivery of a controlled substance in violation of Iowa Code Chapter 124; 2. Kidnapping as defined in Iowa Code Chapter 7 10; 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. Terrorism 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; 11. Felony criminal mischief as defined in Iowa Code Chapter 716. 12. Animal fighting in violation of Iowa Code Section 717B.7; and 13. A health code, environmental, or solid waste violation that falls within the definition of a nuisance under 8.12.010(F). When two or more of the following acts are committed within a period of twelve consecutive months upon a property, or within 1500 feet of the property, by an interested party or their permittee(s): Possession of a controlled substance in violation of Iowa Code Chapter 124; 2. Carrying a dangerous weapon as defined in Iowa Code Section 724.4; 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 15.39 of the Davenport Municipal Code; 11. An unpermitted or illegal use under Title 17 of the Davenport Municipal Code; 12. Unlawful discharge of a firearm in violation of Section 9.44.010 of the Davenport Municipal Code; and a social gathering involving underage consumption or possession of alcohol in violation of Iowa Code Chapter 123; disorderly conduct; assault; threats of physical assault directed at neighbors; or dangerous driving. C. When three or more of the following acts are committed within a period of twelve consecutive months upon a property, or within 1500 feet of the property, by an interested party or their permittee(s): 1. Health code violations; 2. Environmental or solid waste violations; 3. Unlawful assembly in violation of Chapter 9.16 of the Davenport Municipal Code; 4. Simple misdemeanor criminal mischief in violation of Section 9.20.0 10 of the Davenport Municipal Code; 5. Simple misdemeanor assault in violation of Section 9.20.060 of the Davenport Municipal Code; 6. Disorderly conduct in violation of Chapter 9.08 of the Davenport Municipal Code; 7. Criminal Trespass in violation of Section 9.20.030 of the Davenport Municipal Code; and 8. Loafing, loitering, or annoying in violation of Section 9.08.020 of the Davenport Municipal Code. The above references to provisions of the Iowa Code or the Davenport Municipal Code should not be interpreted to mean that a prosecution of the specific charge is a necessary prerequisite to an action under this chapter nor shall it be interpreted to mean that proof of the action beyond a reasonable doubt is required Section 3. That subsection 8.12.040 of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: 8.12.040 Notice to abate. The city administrator may cause to be served a written notice to abate the nuisance. Section 4. That subsection 8,12.050(C) of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: C. An order to abate the nuisance and a statement of the act or acts to be taken to abate it. The order may also include a statement giving the recipient an opportunity to submit an alternative abatement plan satisfactory to the city. Section 5. That subsection 8.12.070(B) of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: B. Within 14 days after the conclusion of the hearing, the committee or its designee shall render a written decision as to whether, by clear and convincing evidence, a nuisance exists, and shall notify the parties of the decision by certified mail. If the committee or its designee finds that a nuisance exists, it shall include in the notification and order that the nuisance shall be abated within such additional time as it determines is reasonable under the circumstances. Section 6. That Section 8.12.090 of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: 8.12.090 Abatement by city.
If the person notified to abate a nuisance neglects or fails to abate as ordered, the city may perform the required action to abate, keeping an accurate account of the costs incurred in the abatement of the nuisance. The itemized account of the costs shall be filed with the finance director or his designee who may pay any outside expenses on behalf of the city. The salvage value, if any, of any item or items constituting a nuisance which is so abated by the city, shall be retained by the city to be applied against costs. In the event the salvage proceeds exceed the costs, any such excess shall be paid to the former owner of the property, upon proof of such ownership. If ownership is not proved within 60 days of the disposal of the property, then the excess portion of the payment shall be applied to the city's general fund. Section 7. That subsection 8.12.120(A)(3) of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: 3. Otherwise hinder, delay, or interfere with the city administrator in the enforcement of the provisions of this chapter. Section 8. That subsection 8. 12.120(B) of the 1995 Municipal Code of Davenport, Iowa, is hereby amended to read as follows: B. A violation of this chapter may be punished as a simple misdemeanor, with a scheduled fine of one hundred dollars or 30 days in jail. Section 9. That a new subsection 8. 12.120(C) is hereby added to the 1995 Municipal Code of Davenport, Iowa, which reads as follows: C. A violation of this chapter may be punished as a municipal infraction with a scheduled fine of $250 for a first offense, $500 for a second offense, and $750 for a third or subsequent offense. Section 10. That a new subsection 8.12.120(D) is hereby added to the 1995 Municipal Code of Davenport, Iowa, which reads as follows: D. In the case of rental property, the property owner's rental license for that property or dwelling unit may be revoked for a period of up to one year for a violation of this chapter. Section 11. That a new subsection 8.12.120(E) is hereby added to the 1995 Municipal Code of Davenport, Iowa, which reads as follows: E. Each day a violation persists shall constitute a separate offense. SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER, All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTWE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. First Consideration________________, Second Consideration_________________, Third Consideration________________, ________________________________ Phillip C. Yerington Mayor Attest:______________________________
Jackie E. Ragsdale, CMC
Deputy City Clerk Published in the Quad-City Times on ________________________. |
