§ 90.03A  CRIMINAL ACTIVITY NUISANCE.
   (A)   Property shall be deemed a nuisance property upon a determination by the Police Department and/or City Code Enforcement staff that any one or more of the following divisions is true with respect to the property:
      (1)   More than one founded call for service has been made concerning the following nuisance activities at or within 1,500 feet of the property within a period of 12 consecutive months, whether committed by an owner or lawful possessor of the property or a permittee of an owner or lawful possessor of the property, or if said activity is caused, encouraged, permitted, or coordinated by the owner or person in lawful possession of the property or a permittee(s) of an owner or person in lawful possession of the property:
         (a)   Manufacture or delivery of a controlled substance in violation of Iowa Code Chapter 124;
         (b)   Kidnapping as defined in Iowa Code Chapter 710;
         (c)   Arson as defined in Iowa Code Chapter 712;
         (d)   Burglary as defined in Iowa Code Chapter 713;
         (e)   Robbery as defined in Iowa Code Chapter 711;
         (f)   Sex abuse as defined in Iowa Code Chapter 709;
         (g)   Intimidation with a dangerous weapon as defined in Iowa Code § 708.6;
         (h)   Willful injury as defined in Iowa Code § 708.4;
         (i)   Sexual exploitation of a minor in violation of Iowa Code § 728.12;
         (j)   Felony gambling in violation of Iowa Code Chapter 725.7;
         (k)   Felony criminal mischief as defined in Iowa Code Chapter 716;
         (l)   Animal contests in violation of Iowa Code Chapter 717D;
         (m)   Possessing or carrying a dangerous weapon as defined in Iowa Code § 724;
         (n)   Riot as defined in Iowa Code § 723.1;
         (o)   Failure to abate odors or offensive annoyances as defined in the Clinton Municipal Code;
         (p)   Owning, keeping or harboring a dangerous animal as defined in the Clinton Municipal Code;
         (q)   Prostitution as defined in Iowa Code Chapter 725;
         (r)   Violations under any part of Iowa Code § 706A.2; or
         (s)   Any false statements made concerning any criminal activity made to any law enforcement officer in violation of the Iowa Code.
      (2)   More than two founded calls for service have been made concerning the following nuisance activities at or within 1,500 feet of the property within a period of 12 consecutive months, whether committed by the owner or lawful possessor of the property or permittee(s) of the owner or lawful possessor, or if said activity is caused, encouraged, permitted, or coordinated by the owner or person in lawful possession of the property or a permittee(s) of an owner or person in lawful possession of the property:
         (a)   Possession of a controlled substance in violation of Iowa Code Chapter 124;
         (b)   Serious or aggravated misdemeanor criminal mischief as defined in Iowa Code Chapter 716;
         (c)   Serious or aggravated misdemeanor assault as defined in Iowa Code Chapter 708;
         (d)   Serious or aggravated misdemeanor theft as defined in Iowa Code Chapter 714;
         (e)   Misdemeanor gambling as defined in Iowa Code Chapter 725;
         (f)   False imprisonment as defined in Iowa Code § 710.7;
         (g)   Failing to secure or keep secure a structure in accordance with any portion of Clinton Municipal Code;
         (h)   An unpermitted or illegal use under any portion of the Clinton Municipal Code;
         (i)   Unlawful discharge of any device in violation of Iowa law or the Clinton Municipal Code;
         (j)   Engaging in conduct prohibited by any portion of the Clinton Municipal Code concerning disorderly houses and wrongful drinking establishments;
         (k)   Failure to disperse from an unlawful assembly as defined in Iowa Code § 723.3;
         (l)   Serious or aggravated misdemeanor gambling as defined by Iowa Code Chapter 725;
         (m)   Violations under any part of Iowa Code § 706A.2; or
         (n)   Any false statements made concerning any criminal activity made to any law enforcement officer in violation of the Iowa Code.
      (3)   More than three founded calls for service have been made concerning the following nuisance activities at or within 1,500 feet of the property within a period of 12 consecutive months, whether committed by an owner or person in lawful possession of the property or a permittee(s) of an owner or person in lawful possession of the property, or if said activity is caused, encouraged, permitted, or coordinated by the owner or person in lawful possession of the property or a permittee(s) of an owner or person in lawful possession of the property:
         (a)   Any health, environmental, or solid waste violation as defined in the Clinton Municipal Code;
         (b)   Unlawful assembly in violation of Iowa Code § 723.2;
         (c)   Defacing city property and graffiti as prohibited by the Clinton Municipal Code or Iowa law;
         (d)   Simple misdemeanor assault in violation of Iowa Code Chapter 708;
         (e)   Owning, keeping, harboring or knowingly permitting an animal to create such noise as to constitute a violation of the Clinton Municipal Code;
         (f)   Disturbing the peace in violation of the Clinton Municipal Code or Iowa law;
         (g)   Consumption or intoxication in public places in violation of Iowa Code § 123.46;
         (h)   Disorderly conduct in violation of Iowa Code § 723.4;
         (i)   Persons under legal age in violation of Iowa Code § 123.47;
         (j)   Making, continuing or causing the making or continuance of a noise disturbance as limited by the Clinton Municipal Code;
         (k)   Noise violations pursuant to the Clinton Municipal Code;
         (l)   Violations under any part of Iowa Code § 706A.2; or
         (m)   Any false statements made concerning any criminal activity made to any law enforcement officer in violation of the Iowa Code.
      (4)   When any of the following occur upon the property or within 1,500 feet of the property within a period of 12 consecutive months, except as otherwise specified, whether caused, encouraged, permitted, or coordinated by an owner of the property or person in lawful control of the property, or by a permittee of an owner or interested party:
         (a)   The property is placarded pursuant to the Housing Code of the Clinton Municipal Code. When a property has been declared a nuisance property based on this division, any call for service to that nuisance property which is deemed founded for prohibited occupancy, as defined in any section of the Clinton Municipal Code and the International Property Maintenance Code, shall be deemed a founded call for service, and all costs associated with the call shall be charged to the property owner pursuant to division (F) below;
         (b)   A second "no show" trip charge has been imposed in accordance with the Housing Code of the Clinton Municipal Code;
         (c)   The city mows the property two or more times in a calendar year for an owner in violation of the Clinton Municipal Code;
         (d)   The city removes snow from the sidewalk two or more times in a six month period for an owner in violation of the Clinton Municipal Code;
         (e)   The city removes junk, debris, and/or solid waste from the property two or more times in a 12 month period for an owner in violation of the Clinton Municipal Code; or
         (f)   A violation of the Clinton Municipal Code is prosecuted in court and the court rules in favor of the city.
      (5)   Notwithstanding the foregoing, § 90.03A shall not apply to calls for service made by a caller seeking law enforcement assistance or other emergency assistance for a victim of crime or abuse, or seeking law enforcement assistance or other emergency assistance for an individual in any other emergency situation, if the caller had a reasonable belief that emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime or other emergency or, in the event of abuse, crime or other emergency, the emergency assistance was actually needed. Also notwithstanding the foregoing, no penalty shall be imposed under this section against a resident or owner because the resident or owner was a victim of abuse or crime.
      (6)   Except where otherwise specified, the references in this section to provisions of the Iowa Code or the Clinton Municipal Code shall not be construed to mean that prosecution of the specific charge is required to proceed under this section, 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 city staff or Police Department 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/or court review as set forth in this section.
   (B)   Prohibitions. The following are hereby prohibited by this section:
      (1)   The creation or maintenance of or the failure to abate a nuisance property; and
      (2)   Interference, delay or hindrance of enforcement of this section except to pursue appeal and/or review of administrative actions by the city staff or the Police Department.
   (C)   Inspection of premises. The city staff or the Police Department 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.
   (D)   Finding of violation; nuisance property abatement plan.
      (1)   Upon a threshold determination by the city staff or the Police Department that a property meets the criteria set forth in division (A) above, the city shall cause a notice of violation to be served upon the property owner in the manner provided by this section. A courtesy copy of the notice of violation shall also be sent by regular mail to the occupant(s) of the property in question at the address of the property in question, if different from the owners.
      (2)   Upon the issuance of a notice of violation, the property owner may submit a nuisance property abatement plan specifying the corrective action the property owner will take, including dates by which each corrective action shall be completed.
      (3)   The city staff or the Police Department 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.
      (4)   The submission of a nuisance property abatement plan may be the basis for the city staff or the Police Department, pursuant to division (E), to postpone by 15 days the imposition of charges otherwise due under division (F).
   (E)   Notice of violation; contents. The notice of violation required by this chapter shall contain:
      (1)   The location of the nuisance property in question;
      (2)   A description of what constitutes the violation of this chapter;
      (3)   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; and
      (4)   A statement that an aggrieved party may seek administrative appeal of the city staff's or Police Department's determinations that the property is a nuisance property and the notice of violation and/or court review as authorized by Iowa law.
   (F)   Founded calls for service charged to nuisance property.
      (1)   With respect to a property for which a notice of violation has been duly served, the city staff or Police Department 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 that the property is a nuisance property due to additional nuisance activity. In the event of such an additional finding, the 12 month period shall run from the date of the most recent notice of violation.
      (2)   Notwithstanding the foregoing, the charges otherwise due under this section may be postponed by the city staff or the Police Department in accordance with division (E)(3) and (4).
   (G)   Emergency abatement. If it is determined by the city staff 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 amount shown by the statement has not been paid by the person within 30 days, it shall then be collected with, and in the same manner, as special taxes, or in the sole discretion of the city, in a court action for personal judgment against the owner.
   (H)   Corrective action by the city; collection of costs.
      (1)   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 city staff or the Police Department 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.
      (2)   In the event action is taken pursuant to this section, the city staff or the Police Department 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 30 days, it shall then be collected with, and in the same manner as, special taxes, or in the sole discretion of the city, in a court action for personal judgment against the owner.
   (I)   Appeals of administrative decisions or actions.
      (1)   Any person aggrieved by a decision or act of the city shall have the opportunity for hearing before the Housing Board of Appeals. Any aggrieved party may submit a request for a hearing which shall be in writing delivered to the Police Department within 20 days after the date the notice was mailed. If said request is timely received, the hearing shall be held pursuant to this section; any request for hearing received thereafter shall not entitle the requesting party to a hearing.
      (2)   Upon receipt of a timely request for hearing, the Police Department shall provide the notice to the Housing Board of Appeals and the Housing Board of Appeals shall set a hearing to be held within 30 days from said receipt and, further, shall give at least ten 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 Housing Board of Appeals, 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.
      (3)   At the time of hearing, the requesting party and the city staff or the Police Department 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.
      (4)   Within five days after the conclusion of an administrative hearing held pursuant to this section, the Housing Board of Appeals shall make the following written findings which shall be based on a preponderance of the evidence as the standard of proof, and the Housing Board of Appeals shall serve notice thereof upon the appealing party:
         (a)   Whether the determination of a nuisance property was correct; and
         (b)   Whether the action taken upon that determination was in accordance with all applicable law.
      (5)   Any decision rendered by the Housing Board of Appeals pursuant to this section shall be subject to further review by a court in accordance with Iowa law.
      (6)   Where a person aggrieved by an action taken pursuant to this section has made a request for an administrative hearing pursuant to this section or has sought further review by a court as provided by Iowa law, any charges for calls for service and any other administrative fees imposed pursuant to this section shall be recorded, but the due date therefor and collection thereof shall be suspended pending the final outcome of any administrative hearing and/or court review.
   (J)   Alternative means of enforcement. Without negating, restricting or otherwise limiting any conditions or sanctions imposed pursuant to this section, this section may also be enforced by any lawful means including but not limited to the following:
      (1)   Prosecution as a simple misdemeanor in accordance with Iowa Code Chapter 364;
      (2)   The filing of a municipal infraction in accordance with the Clinton Municipal Code and Iowa Code Chapter 364, which may seek fines, injunctive relief against future violations, and other relief permitted by law;
      (3)   Fines under division (J)(2) shall be $250 for any single offense which is a first offense; $500 for any single offense which is a second offense; and $750 for any single offense which is a third or subsequent offense. In the case of any condition which is a continuing violation in need of abatement, fines shall be $250 for the first day following the date of the first notice to abate, or from the filing date of a municipal infraction action, whichever is first; $500 for each subsequent day up to 30 days in which the condition remains unabated; and $750 for each subsequent day thereafter; and/or
      (4)   The court may convert all fines to a personal judgment against the owner or person in lawful possession of the premises.
   (K)   Service of notice.
      (1)   Except where expressly provided otherwise, notices required under this chapter shall be served by one or more of the following methods:
         (a)   Mailing by both regular mail and certified mail, as defined in Iowa Code § 618.15 (2015), to the last known address of the property owner;
         (b)   Hand delivery to the property owner;
         (c)   Personal service on the property owner pursuant to Iowa Rule of Civil Procedure 1.305; or
         (d)   Any other method of providing notice which results in the notice actually being received by the property owner.
      (2)   Notice served by mail under this section is deemed completed ten business days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.
(Ord. 2686, passed 9-28-2021)