[Ord. 2018-442; Ord. 2010-356 § 1; Ord. 2006-264 § 1; Ord.
2002-31 § 3; Ord. 99-267 § 1; Ord. 95-634 §§ 1 — 4; Ord. 82-267 § 1; Ord. 78-1097 (part); prior code § 23-03-1]
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 employed by the City, the
police department, public works department, neighborhood services
department and the fire department.
D.
ENVIRONMENTAL OR SOLID WASTE VIOLATION - Means a violation of Chapter
8.08, Chapter 8.14, or Chapter 10.76 of the Davenport Municipal Code.
E.
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:
1.
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;
2.
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.
F.
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.
G.
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 it means the contract purchaser.
H.
RESIDENTIAL LOT - Means any lot of record within the City that is
residential in character.
I.
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.
J.
PROPERTY - Means any property, including land and that which is affixed,
incidental, or appurtenant to land, including, but not limited to,
any business or residence, parking area, loading area, landscaping,
building or structure or any separate part, unit, or portion thereof.
For property consisting of more than one unit, property may be limited
to the unit or the portion of the property on which any nuisance activity
has occurred or is occurring or is attributable to, but includes areas
of the property used in common by all units of the property, including
without limitation, other structures erected on the property and areas
used for parking, loading, and landscaping.
K.
FOUNDED - Means that a call for service resulted in the verification
that nuisance activity had occurred. Incidents of domestic violence
may be categorized as founded, if warranted. Founded domestic violence
incidents shall not be a factor when determining whether a property
has met the criteria for a problem property nuisance designation,
or when a penalty for failing to abate a nuisance is imposed, absent
additional circumstances or crimes affecting other unrelated third
parties.
[Ord. 2018-442; Ord. 2010-356 § 2; Ord. 2002-32 (part); Ord. 99-267 § 2]
A problem area nuisance exists:
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):
1.
Manufacture or delivery 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.
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
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):
1.
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 8.16 of the Davenport Municipal Code;
11.
An unpermitted or illegal use under Title 17 of the Davenport
Municipal Code;
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):
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 9.20.010 of the Davenport Municipal Code;
6.
Disorderly conduct in violation of Chapter 9.08 of the Davenport
Municipal Code;
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
or conviction 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. However,
a court conviction on the underlying charge is irrebuttable proof
of the occurrence.
|
[Ord. 2018-442; Ord. 78-1097 (part); prior code § 23.03.02]
The creation or maintenance of a nuisance is prohibited, and
a nuisance, public or private, may be abated in the manner provided
in this chapter.
[Ord. 2018-442; New; Ord. 82-267 § 2; Ord. 78-1097 (part); prior code § 23.03-3;]
Unless a warrant is required by law, the City Administrator,
public safety employees, attorneys employed by the City, or neighborhood
services department employees are authorized to enter and remain upon
private property to the extent reasonably necessary for the purpose
of locating, identifying, and documenting any nuisances as defined
in this code, or for the purpose of investigating allegations of such
nuisances.
[Ord. 99-267 § 3; Ord. 82-267 § 3; Ord. 78-1097 (part); prior code § 23.03.04]
The City Administrator may cause to be served a written notice
to abate the nuisance.
[Ord. 2018-442; Ord. 2010-356 § 3; Ord. No. 2007-164 § 1; Ord. 99-267 § 4; Ord.
78-1097 (part); prior code § 23.03-5]
A.
The notice to abate shall contain:
1.
A description of what constitutes the nuisance;
2.
The location of the nuisance;
3.
An order to abate the nuisance and either (i) 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); or (ii) a statement requiring
the recipient to submit an abatement plan satisfactory to the City
within a specified number of days.
4.
A reasonable time within which to complete the abatement or implement
the abatement plan.
5.
A statement regarding the availability of a hearing;
6.
A statement that if the nuisance is not abated as ordered and no
request for hearing is made within the time specified, the City will
abate the nuisance and assess the costs against such person and/or
property.
B.
The notice to abate may contain:
1.
A statement that the property owner shall be assessed the cost of police response for all founded nuisance incidents that occur during the following one-year period beginning with the date of the notice to abate. Upon demonstration by the property owner, within the time stated in the assessment notice, that all reasonable and warranted steps to prevent or resolve the issue(s) giving rise to the nuisance had been taken in good faith, the assessment for the cost of police response for any incident so proven may be withdrawn. The assessment for the cost of police response shall terminate at the end of one year if the founded nuisance incidents during that year do not meet or exceed the criteria for a problem area nuisance as defined above in Section 8.12.015. If applicable, when the criteria for a problem area nuisance is met or exceeded for two consecutive years following an abatement notice, the rental license shall be revoked for a period not to exceed one year. This section shall be enforced in a manner consistent with Iowa Code Sections 562A.27B and 562B.25B.
2.
For nuisances pertaining to debris or environmental violations, a
statement that the City of Davenport will no longer issue further
written warnings or notices and all violations must be corrected within
24 hours otherwise the City will clean up any offending environmental
violations at the property owner's cost.
[Ord. 2018-442; Ord. 82-267 § 4; Ord. 78-1097 (part); prior code § 23.03-6]
The notice shall be in the form of certified mail sent to the
property owner as indicated in the Scott County Parcel query or by
personal service. The notice should also be sent by regular mail.
[Ord. 2018-442; Ord. 2015-118 § 8; Ord. 2010-356 § 4; Ord.
2007-164 § 2; Ord. 99-267 § 5; New; Ord. 82-267 § 5; Ord. 78-1097 (part); prior code § 23.03-7]
Any person ordered to abate a nuisance may request an appeal hearing as provided in Section 2.86.020 as to whether a nuisance exists or whether they are the person responsible for its existence or whether the specified abatement plan should be altered. If timely appeal is not requested the existence of the nuisance and the notified person's responsibility for its existence will be conclusively presumed as true and the specified abatement plan will be final. If requested the hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code.
[Ord. 2018-442; Ord. 82-267 § 6; Ord. 78-1097 (part); prior code § 23.03-8]
If it is determined by the City Administrator that an emergency
exists by reason of the continuing presence of a nuisance, the immediacy
of its harm, the seriousness of its danger or current disruption,
or its potential to expand and thereby frustrate efforts to contain
and abate it, the City may perform any action which may be required
under this chapter without prior notice or hearing. The City shall
assess the costs, as provided in this chapter, subject to an appeal
under chapter 2.86.
[Ord. 99-267 § 6;
New; Ord. 78-1097 (part); prior
code § 23.03-9]
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.
[Ord. 2018-442; New; Ord. 78-1097 (part); prior code § 23.03.10]
The Clerk shall mail a statement of the total expense incurred, minus any salvage value, to the person who has failed to abide by the notice to abate, demanding payment of the expense. Subject to the provisions of Section 8.12.110, if the amount shown by the statement has not been paid by the person within 30 days, it shall then be assessed, liened and/or otherwise collected as provided by law.
[Ord. 2015-118 § 9;
New; Ord. 78-1097 (part); prior
code § 23.03-11]
Any person notified pursuant to Section 8.12.100 who objects to the amount of the expense demanded from said person may request a hearing as provided in Section 2.86.020. If timely appeal is not filed the amount of the expense demanded shall be conclusively presumed to be true. If a hearing is requested the hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code and the sole question to be determined at the hearing shall be the reasonableness of the expense demanded considering the City's actual expenses, the administrative time spent and associated costs involved, and deterrence of behavior.
[Ord. 2018-442; Ord. 2010-356 § 5; Ord. 2007-164 § 3; Ord.
99-267 § 7-11; Ord. 82-267 § 7-9; Ord. 78-1097 (part); prior code § 23.03-12]
It is unlawful for any person to:
A.
Create or maintain a nuisance as defined in this chapter;
B.
Fail to abate within the originally prescribed time period, or such
additional time period as may be granted pursuant to the appeal process
outlined in this chapter and Chapter 2.86, any nuisance after having
been ordered to do so by a written notice to abate;
C.
Resume or allow the resumption of a nuisance after having been ordered
to abate the nuisance by a written notice to abate, by order of the
Chapter 2.86 hearing officer, or by a magistrate or judge;
D.
Otherwise hinder, delay, or interfere with the City Administrator
in the enforcement of the provisions of this chapter.
E.
Terminate a lease agreement with or otherwise retaliate against a
tenant because that tenant complained or otherwise notified the police
or City official about nuisance activities at the owner's premises.
[Ord. 2010-356 § 6; Ord. 2007-164 § 4]
A.
The following are penalties that may be imposed for violating this
chapter. These possible penalties may be imposed in addition to, and
not in lieu of, any sanctions specified in an abatement plan.
1.
A violation of this chapter may be punished as a simple misdemeanor
in accordance with the penalties set forth in the Iowa Code.
2.
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.
3.
A violation of this chapter may be punished by revocation of a rental
license for a period up to one year.
Each day a violation persists shall constitute a separate offense.
