ORDINANCE NO. 63 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows:
14-1J-3: RENTAL LICENSES:
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B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must include, but not be limited to, the following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which housing choice vouchers are accepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
c. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner must provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
c. Property manager's telephone number during normal business hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s).
6. The property owner, manager, or licensed real estate professional must designate a responsible agent, who resides within 50 miles of the rental unit for which the license is sought, to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of, or resides more than 50 miles from, the rental unit for which a license is sought. The agent must have the same authority and responsibility as the property owner for maintaining the rental unit(s).
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E. Rental License Term:
1. Rental licenses will be issued for a term of two years. A rental license issued during the course of the two-year license term will be put on the standard cycle for rental license expiration which results in longest license term, which may result in an initial rental license term of less than two years.
Exception: In year 2025, approximately 50 percent of the total number of rental licenses will be issued for a one-year term, to expire on December 31, 2025. The intent of this division is to have approximately one half of the total rental licenses renew on subsequent alternating biennial years.
F. License Renewal:
1. Rental licenses shall be renewed every two years, upon notice issued at the beginning of the calendar year following expiration of existing rental license(s). The rental license renewal application will be sent to the property owner, or registered manager, or licensed real estate professional holding the rental license(s).
2. Application for renewal of a rental license shall be made prior to March 1 of the year following expiration of an existing rental license.
G. Fees Due on license renewal: Rental license fees will be invoiced with the rental license renewal application at the start of the calendar year following rental license expiration. Rental license fees must be paid by March 1
st
of the renewal year. Failure to pay required fees is a violation of this Code and may result in monetary penalties, license suspension, license revocation, issuance of a notice to vacate to tenants, and/or issuance of municipal infractions.
H. Rental License Not Transferable: Rental licenses are not transferable from one property to another. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the City Manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include available information on the buyer. Prepaid rental license fees are eligible for a refund for the period that the property is no longer owned by the license holder. Rental license fee refund requests must be made in writing and include all required information per department policy. It is the responsibility of the property buyer to license the property in their name within five (5) working days of acquisition or otherwise receiving ownership or control of the property.
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue and renew a rental license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code.
2. Fees: All fees required pursuant to the issuance of a rental license are paid in full to the City.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful Rental Property Management Class (the program) or a program of continuing education approved by the City Manager.
b. Until such time as the property owner or manager has completed the program or an equivalent program of continuing education approved by the City Manager, only a conditional rental license may be issued.
c. Licensed real estate professionals are exempted from the program attendance requirement.
d. The City Manager may waive the program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees to conduct criminal background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the City's background check service or by another background check service approved by the City Manager. The background checks must be completed before the prospective tenant's tenancy begins.
b. The City Manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional shall make a rental property available for inspection by the City of Dubuque and shall comply with the Iowa Code requirements for tenant notification.
b. The City Manager shall develop a written Rental Housing Inspection Program which shall govern the cycle, frequency, recordkeeping, conditions, and self-inspection and self-certification eligibility of rental inspections.
6. Housing Choice Voucher Information: The property owner, manager, or licensed real estate professional must provide information at the time of rental license renewal for each structure, on the number of units, by structure, owned or managed by the property owner, manager, or licensed real estate professional which accept housing choice vouchers.
J. Suspension And Revocation Of Rental License:
1. Causes: The City Manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the application for a rental license;
c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized City personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management Class;
f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; or
g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection, the City Manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed.
4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager.
5. Appeal: The licensee may appeal the decision of the City Manager to the Housing Appeals and Mediation Board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code.
7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City.
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Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this ___ day of _______________, 2024.
Brad Cavanagh, Mayor
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1J-3: RENTAL LICENSES:
. . . .
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which housing choice vouchers are accepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
c. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner must provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
c. Property manager's telephone number during normal business hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s).
6. The property owner, manager, or licensed real estate professional must designate a responsible agent, who resides within 50 miles of the rental unit for which the license is sought, to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of, or resides more than 50 miles from, the rental unit for which a license is sought. The agent must have the same authority and responsibility as the property owner for maintaining the rental unit(s).
1. Rental licenses will be issued for a term of two years. A rental license issued during the course of the two-year license term will be put on the standard cycle for rental license expiration which results in longest license term, which may result in an initial rental license term of less than two years.
Exception: In year 2025, approximately 50 percent of the total number of rental licenses will be issued for a one-year term, to expire on December 31, 2025. The intent of this division is to have approximately one half of the total rental licenses renew on subsequent alternating biennial years.
F. License Renewal:
1. Rental licenses shall be renewed every two years, upon notice issued at the beginning of the calendar year following expiration of existing rental license(s). The rental license renewal application will be sent to the property owner, or registered manager, or licensed real estate professional holding the rental license(s).
2. Application for renewal of a rental license shall be made prior to March 1 of the year following expiration of an existing rental license.
G. Fees Due on license renewal: Rental license fees will be invoiced with the rental license renewal application at the start of the calendar year following rental license expiration. Rental license fees must be paid by March 1st of the renewal year. Failure to pay required fees is a violation of this Code and may result in monetary penalties, license suspension, license revocation, issuance of a notice to vacate to tenants, and/or issuance of municipal infractions.
H. Rental License Not Transferable: Rental licenses are not transferable from one property to another. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the City Manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include available information on the buyer. Prepaid rental license fees are eligible for a refund for the period that the property is no longer owned by the license holder. Rental license fee refund requests must be made in writing and include all required information per department policy. It is the responsibility of the property buyer to license the property in their name within five (5) working days of acquisition or otherwise receiving ownership or control of the property.
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue and renew a rental license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful Rental Property Management Class (the program) or a program of continuing education approved by the City Manager.
b. Until such time as the property owner or manager has completed the program or an equivalent program of continuing education approved by the City Manager, only a conditional rental license may be issued.
c. Licensed real estate professionals are exempted from the program attendance requirement.
d. The City Manager may waive the program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees to conduct criminal background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the City's background check service or by another background check service approved by the City Manager. The background checks must be completed before the prospective tenant's tenancy begins.
b. The City Manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional shall make a rental property available for inspection by the City of Dubuque and shall comply with the Iowa Code requirements for tenant notification.
6. Housing Choice Voucher Information: The property owner, manager, or licensed real estate professional must provide information at the time of rental license renewal for each structure, on the number of units, by structure, owned or managed by the property owner, manager, or licensed real estate professional which accept housing choice vouchers.
1. Causes: The City Manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the application for a rental license;
c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized City personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management Class;
f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; or
g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection, the City Manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed.
4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager.
5. Appeal: The licensee may appeal the decision of the City Manager to the Housing Appeals and Mediation Board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code.
7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City.
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