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(A) It shall be the responsibility of the owner of each dwelling unit that is subject to the provisions of this subchapter to assure that the use and occupancy of such dwelling unit does not unreasonably interfere with or adversely affect the rights of nearby residents to the quiet enjoyment of their property, and does not disturb the health, safety, comfort or general welfare of the occupants of surrounding properties.
(B) Any use or occupancy, or allowing the use or occupancy, of any dwelling unit subject to the provisions of this subchapter in violation of the requirements of division (A) above shall constitute a public nuisance as defined in § 151.84.
(C) Failure of the owner to comply with the requirements of this section with respect to any dwelling unit owned by the owner shall be grounds for the assessment of infraction points covering such dwelling unit as provided in § 151.84 of this subchapter.
(Ord. 2365, passed 9-3-2019)
(A) Founded complaint of violations.
(1) In addition to the possibility of the issuance of a municipal infraction, the owner of any dwelling unit subject to the provisions of this subchapter at which a founded complaint of a violation of any of the following provisions of this code occurs shall be assessed infraction points, in accordance with the following schedule:
(2) Nuisance property. A property shall be deemed a nuisance property upon a determination by the city that any one or more of the following is true with respect to the property:
(a) Level 1 Violation. One or more founded calls for service have been made concerning the following nuisance activities at or within 1,000 feet of the property within a period of 12 consecutive months, whether committed by a resident, guest(s) or other person(s) under the resident’s control:
1. Manufacture, delivery or possession of a controlled substance in violation of Iowa Code Chapter 124:
2. Kidnapping 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. Intimidation with a dangerous weapon 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 725.7;
11. Felony criminal mischief as defined in Iowa Code Chapter 716;
12. Animal contests in violation of Iowa Code Chapter 717D;
13. Possessing or carrying a dangerous weapon as defined in Iowa Code Section 724;
14. Riot as defined in Iowa Code Section 723.1;
15. Prostitution as defined in Iowa Code Chapter 725;
16. Sex offender registry violations as defined in Iowa Code Chapter 692A;
(b) Level 2 Violation. Two or more founded calls for service have been made concerning the following nuisance activities at or within 1,000 feet of the property within a period of 12 consecutive months, whether committed by a resident, guest(s) or other person(s) under the resident’s control:
1. Serious or aggravated misdemeanor criminal mischief as defined in Iowa Code Chapter 716;
2. Serious or aggravated misdemeanor assault as defined in Iowa Code Chapter 708;
3. Serious or aggravated misdemeanor theft as defined in Iowa Code Chapter 714;
4. Misdemeanor gambling as defined in Iowa Code Chapter 725;
5. False imprisonment as defined in Iowa Code Section 710.7;
6. Unlawful discharge of any device in violation of § 130.08 and Chapter 135 of the Newton Municipal Code;
7. Engaging in conduct prohibited by § 94.02(C)(26) of the Newton Municipal Code concerning houses of ill fame;
8. Failure to disperse from an unlawful assembly as defined in Iowa Code § 723.3.
(c) Level 3 Violation. Three or more founded calls for service have been made concerning the following nuisance activities at or within 1,000 feet of the property within a period of 12 consecutive months, whether committed by a resident, guest(s) or other person(s) under the resident’s control:
1. Unlawful assembly in violation of Iowa Code § 723.2;
2. Simple misdemeanor assault in violation of Iowa Code Chapter 708;
3. Owning, keeping, harboring or knowingly permitting an animal to create such noise as to constitute a violation of § 90.08 of the Newton Municipal Code;
4. Disturbing the peace in violation of Newton Municipal Code § 130.02;
5. Consumption or intoxication in public places in violation of Iowa Code § 123.46;
6. Disorderly conduct in violation of Iowa Code § 723.4;
7. Persons under legal age in violation of Iowa Code § 123.47;
8. Making, continuing or causing the making or continuance of a noise disturbance as limited by Newton Municipal Code Chapter 93;
9. False reports or communications to public safety entities in violation of Iowa Code § 718.6;
10. Violation of any other general provisions not specifically listed. but prohibited in Chapter 130 “General Provisions” of the Newton Municipal Code;
11. Violation of any public nuisance not specifically listed, but prohibited in Chapter 94 “Public Nuisances” of the Newton Municipal Code.
(B) Notwithstanding the foregoing, Chapter 151, 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. Notwithstanding the foregoing, no penalty shall be imposed under this subchapter against a resident, owner, tenant or landlord because the resident, owner, tenant or landlord was a victim of abuse or crime.
(C) Conduct within the scope of this subchapter may arise out of a mental health condition and that, accordingly, any documented mental health condition of which city officials are made aware may be taken into account when applying the terms of this subchapter.
(D) Except where otherwise specified, the references in this section to provisions of the Iowa Code or the Newton Municipal Code shall not be construed to mean that prosecution of the specific charge is required to proceed under this subchapter, 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 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 subchapter.
(E) Penalty. The city may issue a municipal infraction citation to the owner or any occupant of a dwelling unit, or both, for a violation of any of the provisions of this subchapter or of this code, in addition to the assessment of infraction points against such dwelling unit hereunder for the same conduct or incident which forms the basis of the municipal infraction citation or citations against the owner or occupant of such dwelling unit.
(F) Suspension. In the event any dwelling unit that is covered by this subchapter is assessed one Level 1 infraction point, two Level 2 infraction points, three Level 3 infraction points or a combination of Level 1, 2, 3 infractions points in rolling 12-month period under the provisions of this subchapter, the minimum rental housing occupancy permit covering such dwelling shall be subject to suspension as provided in this section for a period of six months if the occupancy permit has not been previously suspended, or for 12 months, if the dwelling unit’s occupancy permit has previously been suspended under this subchapter. For purposes of this section, any points assessed against a dwelling unit shall be deemed to have been assessed as of the date that the conduct upon which the founded complaint which led to the assessment of points actually occurred.
(Ord. 2365, passed 9-3-2019)
Any person affected by any written notice or order issued under the provisions of this subchapter may appeal such notice or order to the Newton Building and Trades Board pursuant to § 151.55.
(Ord. 2365, passed 9-3-2019)