The Housing Inspector may apply sanctions to an individual dwelling unit, the entire rental dwelling or the premises. Each separate violation shall count as a basis for an occupancy permit sanction unless the owner or operator qualifies for a defense to enforcement of sanctions.
(A) Suspension of rental occupancy permit. The Housing Inspector may suspend an occupancy permit for any of the following reasons.
(1) Whenever, upon inspection of any rental unit, the Housing Inspector finds that conditions or practices exist that are in violation of any provisions of this chapter, or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the owner of the rental unit that, unless the conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rental permit will be suspended. At the end of the period, the Housing Inspector shall reinspect the rental unit and, if the Inspector finds that the conditions or practices have not been corrected, shall suspend the permit and give notice in writing to the operator that the permit has been suspended. Nothing in this section shall be construed to authorize the Housing Inspector to suspend a permit for any rental unit or rooming unit in compliance with this chapter on the ground that the rental unit or rooming unit is located in a dwelling in which is located a noncomplying rental unit or rooming unit.
(2) Creation of a “problem area nuisance”. A PROBLEM AREA NUISANCE exists under the following circumstances:
(a) When one or more of the following acts are committed within a period of 12 consecutive months upon a property, or within 1,500 feet of the property, by an interested party or their permittee(s), as those terms are defined in this chapter:
1. Manufacture or delivery of a controlled substance in violation of Iowa Code Chapter 124;
2. Kidnaping as defined in Iowa Code Chapter 710;
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 § 708.6;
8. Willful injury as defined in Iowa Code § 708.4;
9. Sexual exploitation of a minor in violation of Iowa Code § 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 § 717B.7; and
13. A health code, environmental, or solid waste violation that falls within the definition of a nuisance under Chapter 90 (Nuisance Abatement and Control) or Chapter 50 (Solid Waste) of this code.
(b) When two or more of the following acts are committed within a period of 12 consecutive months upon a property, or within 1,500 feet of the property, by an interested party or their permittee(s), as those terms are defined in this chapter:
1. Possession of a controlled substance in violation of Iowa Code Chapter 124;
2. Carrying a dangerous weapon as defined in Iowa Code § 724.4;
3. Riot as defined in Iowa Code § 723.1;
4. Serious or aggravated misdemeanor criminal mischief as defined in Iowa Code Chapter 716;
5. Prostitution as defined in Iowa Code § 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 § 710.7;
10. Trespassing in or failing to secure or keep secure a structure placarded in accordance with Chapter 150 of this code;
11. Unpermitted/illegal use of property under the city’s zoning ordinance (Chapter 159);
12. Unlawful discharge of a firearm in violation of § 135.03 of this code; and
13. 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 12 consecutive months upon a property, or within 1,500 feet of the property, by an interested party or their permittee(s), as those terms are defined in this chapter:
1. Health code violations;
2. Environmental or solid waste violations;
4. Failure to disperse in violation of § 130.07 of this code;
5. Simple misdemeanor criminal mischief in violation of § 132.01 of this code;
6. Simple misdemeanor assault in violation of § 130.01 of this code;
7. Disorderly conduct in violation of § 130.04 of this code;
8. Criminal trespass in violation of § 132.15 of this code;
9. Loitering in violation of § 134.02 of this code; and
10. Contributing to delinquency in violation of § 134.04 of this code.
The references in divisions (A)(2)(a)-(c) above to provisions of the Iowa Code or this code of ordinances 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.
(3) The owner, any occupant, and/or any of their guests on three separate occasions within a period of 12 months have been issued municipal infractions or written notices of violations of this code of ordinances on the premises of the rental property. This specifically includes, but is not limited to, notices of violations of Chapter 90 (Nuisance Abatement and Control) and Chapter 150 (Dangerous Buildings).
(4) The owner fails to pay inspection fees or any other fees, fines or penalties required by this chapter.
(5) The owner fails to remain in good standing as required by § 155.16 of this chapter.
(6) An occupancy permit shall be suspended for no more than 180 days beginning from the date of the Housing Inspector’s decision or a court decision on a municipal infraction. For suspensions under division (A)(4) above, the suspension shall be lifted upon payment in full of the registration or other amount that is delinquent.
(B) Revocation of occupancy permit.
(1) The Housing Inspector may revoke an occupancy permit for any of the following reasons:
(a) Failure to comply with an order to abate a dangerous building;
(b) Failure to comply with the suspension of a rental permit; or
(c) More than one basis for a rental permit suspension within two years of the reinstatement of a permit that has been suspended.
(2) A rental permit shall be revoked for not less than one year beginning from the date of the Housing Inspector’s ruling or a decision on a ruling from a municipal infraction.
(Ord. 2664, passed 12-8-2020)