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' - PETITION ^O INITIATE AN ORDINANCE TO THE u JUL2 1!971 DU
CITY COUNCIL OF Tt(E CITY OF IOWA CITY, STATE OF I6,OP QC TMSC OR F U•J
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(1
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We, the undersigned, being qualified electors of the City of Iowa City, State
of Iowa, respectfully petition that the )roposed ordinances, attached hereto and
by 'this reference made a part hereof, shalt b s ified electors
of the City of Iowa Citv for their approval cr rejection at-an-election as required
by Article VII, Home Rule Cyszter of the City of Iota City.
"Qualified elector" means a persaa who is registered to vote pursuant to
Chapter 98, Iowa Code (1975).
EPA
RESIDENTIAL LANDLORD AND. TENANT ORDINANCE
.,ARTICLE I
General Provisions`. and: Def initions
Part, I �. .
Short Title, constructions Application'
•and Subject Muter of the Ordinance
Section 1. 101 ..(Shdrt TitlO).jhis Ordinance shall be known and may be cited as the
*Residential itdlod and 4 eii�ant brdinance, i
Section 1.102 (Purposes; Rules of Construction)
(a) This °Ordinance shall be liberaily''construed and applie& to promdte ats iindeYly-
"Itig purposes• and policies. n
(b) Underlying purpbse's•and'policies of thiA Ordinance are'"
1(1) to implememt the purpose's of the'Mih1t m•Housing'Standards,'Chapter 9 30'of
the Municipal Code; ±:
(2) to clarify the rights' and'-obligations 4of- iandiords and tenants;-
and
(3) to `encourage landlords andlteiantscto "iriiain and - improve' the'qual
it of
housing""'
Section n• 1. 103; Principles of -M iApphcable) The'ptinciples'of Taiu
grid equity,'ineluding the law relating to, capacity td',contract, mutuality of obli-
gations, principal and agentjjf�j propertyi public' health ,`safety 'and fire preven-
tion., estoppel;'fraud, ;misrepresei%tAVC) dG'ress,�coeicion, mistakes' bankruptcy;
or+other-valid'ating or invalidating cause suppletledt the provisions "of this'Oidi-
nance. ;z
Sectioti 1.104: (Construi:tion Against Iitplicit`Repehl� "This Ordinance ` being a gener-
al .act''intended as a unified coverage bi!':ifg'subject' maitter;'''ho part a- it is to
be construed as impliedly repealed by subsequent !legislation if !'that construction
can reasonably be avoided... %t
Section'`l. M'. ('Settlement df'Disputed Claim or' Right:) A' claim '(5r' r,ight arising un-
• der this 'Ordinance`or'on 'a renthl`agreement,'if "disputed in'good'`faith, may beset-
" tled'by agreement provided'that` such "an'agieemerit contdins no unconcioxiable prcvis-
ion.
* i
Part, II: h �,
ScopeI and - Juiisdiction-
Section 1.201. . (Territorial Application). This; Ordinances applies; to, and,:regulates
,_the,pccupation of all, residentiai.. rental .properties. located -within this City.—
$.ection 1.. 202 .,(Exclusions•from.Application of Ordinance), Unless created to avoid
the application „of this- Ordinanceb the follgwing,arrangements are not governed -by'
this Ordingnces
(1) residence at an institution, public.or private,.if incidental to detention.or
the,provisiop of medical,. geriatric, .educational,: counseling,. religious, or simi-
.lar,seriice; ?. .
(2) occupancy under a contract of sale, of a dwelling unit or- the property of which
it is,.a part,.if, the occupant is the purchaser or a,pergon -Who succeeds to :his /her
interest.;., :.
;(3),occupancy by a member. o _a fraternal, or social organization in the portion: of
a structure operated for the.benefit of the organization;
(4) lit ransient occupancy,ot'less than one month in a hotel, or,motel; ;
(S).occupancy,by an: employee..of::a..landlord,whose right togccupancy is conditional
upon,employment . in and about.the premeses;
.E
FEB '1 1977
C,'t r CL"iiC
(6) occupancy by an'owner'of a condominium unit of' a lwldet of a Dtoorietary
lease in a cooperative;
(7) occupancy under a rental agreement covering premises used by the occupant pri-
marily for agricultural purposes.
Part III
General Defanitiong,and .
Principles ::of, Interpretation,,Notice,,•;
Sect ion. 1.301.;(General;Defin tions) Subject.to,ad4 tioaa'1 defifi tiahs.;contained
in subsequent Articles of this Ordinance,:which apply`Co: specific, Articles or:Parts
thereof, and unless the'context otherwiseirequires, in 'thi§:Ordinance: '
(I)rIaction' includes,recoupment, set -off, sidtrin,equityp and-.any other „procee -
dingin Which rights; are- determined,. including an; action fort•pos,session;
(2) 'building and housing codes - incl:ude any • law, .ordinance; pr.:gpvernmen'tal regu
lation,concerning fitness for habitation,,. or, the construction,, maintenance, opera7.
tion,, occupancy, use, safety,, ,pr appearance of any ,premi>aes, or' 0 ;ling: ugi•t, `
(3) 'dwelling unit' means:a structurer,or:.the•part of a'structui* that is:.,used as a...
home, - residenc:e, -or :sleeping.; plaGq.rby tone, person,Whol msintains ,a;.housOold
two, or:•more persons who,maintain a, epmmon household,
(4), 'good faith' means honestynin faoY in:•the' conduct of the transaction concerned,
(5), `house.hold';means,a. person „or > persons, whgthOr, legally related or.not, who oc-
cupy and Aae in copmuon)a,:s.ingly dwelling;ynit q ttresidentizl, purposes,.
(6) j';14golord' means the owner, less0i,.4iiAiAti:essor (not to 'include a- former:aen-
ant subleasingoa § [7n$le•,dHelliggs:unit),.:or.,a trustee, or an executor in '.probate,;
of .the, dwelling .unit or the building, of. which it is .a. part, and it a?A means a'
manager of the. premises. moo, fail,s:'toxdisgl-ose�ap ;gequired by - Section '2.1Q2;
( 7).' oxgani ,zation!.,,includ @ &..a;corpprat #orb government, 'governmental subcjivisien
;or_ agency', bupti trpst:;ae Sate, trust;•: partnership-.or ;association, `tWgt or: more . ll
persons having a joint or common interest, and any other legal or commercial enti-
y;
(8), 'owner', means.,pne or:;�ore; person &;.jointly or: severally, in.whpm is.gested
sell, or..:part. gf.,ahe legai'gjkLg tp_prgpgxty,.or;•(ii): all, .gr.,part of the immediate
beneficial or possessory interest in the premises and a right,;to•.present use,and.
enjoyment, of the premises. ; The•term.includes a mortgagee,in- possession;
(9) 'person'- includes an individual or organization;
(�0) 'premises means' .,a dwell- tgg;unit and the structure of which it is a part and
facilities and' appurtenances therein. and grounds, areas,, and facilities Held_ out
for the'use bf tenanf s'generailq 'or `wtiose•'use is $iomised to the tenant;
(11) Trent' means all fiiaymhcits t6 "be made'tb the 'landlord_under. the rental agree-
ment;
(12) "rental 'agreement, "'insane all` agreements; and' all valid rules and ragulat -ions
adopted under Section 3.102, embodying- the terms and copditions conuirniiig.tte`,use
and ocoupatitcy of a `d kling'unit and *premises;
(13)• 'roomer' means''a person accupying:a dwelling unit. :that` does, .''not $nelude all
of the!-fal'lowing: a toilet, either a. bath •tub or a shower,- a refrrigerator, a 4tove,l
and a''kitchen sink; where one'or` more of these facilities are provide& by th6 :1and
lord; for- the.c6mmon'.us@' =6f- occupants in-the stiructure
(14) 's /he' means she and /or he; ', ...
(15)'I single 'family •ib6idence' means a separate structure maintained and.used °by a
single household as a dwelling unit. Notwithstanding .-that a twdlling unit shares
one or more walls with - another dwelling unit; •. it is a•single ,family residence if`
it has direct access °'to a street or thoroughfare and shares neither heating facili
ties, hot'.water equipment, nor any other essential facility or` service' with any
- 2
other dwelling unit;
(16) 'tenant means a person. Sr, Arsons entitled under a rental agreement to occupy
..a, dwelling unit. to the exclusion of other who are* not members of the same
household..
Section 1.302. (Unqonaciona.b.ility):'.
(a) Af the court, as A matter. of law, - finds
:
'(1) areutal agreement or any pr8VA*sion thereof was unconscionable when, made,.
the court may ,refuse to enf orce the agreement, * enf orce - the remainder of the agree-
Ment:yithout the,un6on-scionAble pkovidion; or limit the application bf any .14ncon-
,scionable provisjdnA,.to avoid' sin :unconscionable result'; lb
(2) a settlement .in which " party ' " waive A * ' trees to fore-go' a claim or right
waives' 'or agrees
under this Ordinance . or under a rental agreement was unconscionable when:Wde,: the
court may refuse to enforce the settlemerit$ inforce thd remainder-of the.settle -;
:.ment without the unconscionable OrovididA; br limit; the applibation of any -uncon-
scionabl.e,provision.to;..'avo'id an mn'consdiofiable' result.
(b) If unconscionabiiity is Out, into issue by a* party -or by the court upon, its own
motion.. the.. parties shall be afforded a-ireasonable -opportunity to present evidence
as to the setting, purpose, and 'effect ,of the rental -agreement oi7,settlement to
aid the court in making the determivation''.t
Section 1.,30,3. (Obligation�of Good Faith)�'Ev;Brylduty uYider this Ordinance and.
CO' -the.exorcise,of al
at, w
every 7E dh,mus ' t -i be. perf ormedi as a dbndition precedent'
e impose6� AA oblig' tion of good faith in its
right or remedy under t a ne a
performance or :6n brerment.-
Section 1.304. (Notice
(a) A person has notice of a fact if r•
(1): s/he has. ac,tujjkrkowl6dge of
(2), s /he has x4ce ia ' lveda�noti� or n0tifiCatidfi�)Df ftZ; or
(3) from all the facts iiid circumstAncei'6own to'him/her at the time in ques-
tion, s.1,he ..has !reason
,. 1 . I t o know � that it , exists i
A pers. on .
"knows' cor "has knoqlqdge"
knowledge ,
of ;a f �q tf !;sjhr as actual o.
(b) a,persqwvnotifies" I or i giVes" a:fiotice
or ' notification to another person: * by
reasonably lca 0 im the ' 'other"
taking-;sleeps, i
. ;cul��ed to inf "i --in ordinary -course whether
or not the other actually co,mei`to kno•o"Veit. A'peisbh?"receivesl a notice. or.,no-
tification when
(1) it Comes iq attention; or
(2) in the. case of the'landlord,•it is delivered at.the place-tof business of
the landlord'�ihrough'whicih the rental agreeaidA-was madb-,6r at any place held out
* bet
b y :him .,as the-p ace for.' rece pt of the cominiinication-;or
(3) in, the case of the tenant, it is "e liveied' in, handf1to the tenant or mailed
by•:registored or certified mail to him/her'at the pldccilheid but•!by hit/her.as the
"I -
•,,place f".."recqipt of the ..communication oi•in lid ;t Abs6fice'df such designation, to
-her last, known place of 'residence.
e.
W ffnotice'L','knoviedge'bf a notice, or notifi6ition received by An organization
is effective for a particular transaction from the time it is -brought to the.at-
jention of,the individual condudting'that transaction, and dri any event- fro'm the
tipe #t",:wo�fd h , ave��bd6n brought rought, ft th
to his/her attention _,dr�gaifization had exer-
cised reasonable diligence.
Part IV.
General Provisions
';Section 1.401.- (Terms ,and Conditions. -of. Rental AgreemInt)'.. 7
(a) A1andlord and.a tenanti,may include in, a rental, agreement.,teraij; and conditions
not pr6hibited-by'this Ordinance or other rule
of..law,,,-
FEB 1 1977
AU
Cii-f CLLRK
(b), Rent is payable without demand, or noticea,Xne7gime and piace agreedupon.,by
the parties, Unless otherwise agreed >;rent,iq payable at ,the beginning of, any term
of one month or less and otherwise in equal monthly installments at.the, beginning
of each month. Rent is uniformly apportionabhe.,f.rom day, ,to..day. ..,
(c) Unless the rental agreement fixes a.defin#e; term, the tenanr'y is week-to -week
in'tase of_a. roomer ,who ,.pays " a_weekly rentsA: and:, in. all.other.cases; month -to °month.
Section 1.402.. {Effect 'of .,Unsigned .,or Ugd-elivered Rent$; Agreement)
(a); if the landlord does not.sign,and.deljver a, writaat),rental, agreement signed
and' delivered to him /her by..the,tenanty;,acSeptance of•pent.w tjigpt,reservation by
the londlord gives., the rentpl agreement the same effeet as. if it,.had,been- signed
and delivered• by the; landlord ,
(b). If the tenant does ,not sign. „and ,Sdeliver- .ajwritten rental agreement signed and
delivered to him/her by ahe.,landlordk accept.. ance ,of_possesson,and.:payment,af, rent
without reservation gives. the rentalfagreement , the,same effect as.:.if..it had ,been,
signed and, delivered by the tenant° ,
(c) .If a rental :agreement given efect by the Qperation of this .section provides
'for a_ term longer, than one year, it is,effective_,for only.one; year.
Section 1:403. '(Prohibited Provisions in,iRentaj- Agreements ) _
,(p) A, rental. agreement may not prp idR that, t)!e tenant
O) agrees to waive or fQreg��FiMts or remedies,under this Ordinance or, under
any: otherj:applicable oxdinance_, or iaw, z ., ,,;
(2) authorizes any person to confesa judgemezp•a,.cla#m. arising out of she,
rental agreement;
(3) agrees to pay the landlord's attorney's fees; or
(4) agrees to the exculpation or limitation of; -any liability of;the landlord
arising under law or to inftmnify;,fhe. 1. 14bprc #g�r..that liability or. the.00sts
connected ..therewith;
A prlovisipn prohibitedby,sybsection {a) included in.,4 rental•,agreement is
unenforceable. If a landlor:d uses.a rental agreement containing.proyisions known:
by-him/her to_, be. prohibitelirrtie tenant,may,recoyerjn addition to, bia; actual dam -
ages an amount not leis than pne ,wonth',s: nor pare.than.tbree months! periodic:,.
rent, and Yeasoaable attoxnny,'s, fees and,goyxt. costs,
1. Section - 1.404. tRequired Provisions in Rental Agreements) A written.rental.agree-
ment evidencing the understanding of the par. ties .phal],:,be.,executed•by.both the
landlord and;; the, tenant and:; &hall. be subject., to; the, following,conditions ; t
(a) Che rental. agreemet.;ghall be executed.by all.partias to, the rental agree-
ment in* duplicate, one c4py..of wh4ck�provided by.the landlord to:the ten
-
ant,at, the ,Mime of';e,,,, uXtRn'
(b) the rental ;ggrc�ement,$hpll.specify,any restrictions as regards the,use.by;s
the tenant. of the.. leased.premipes, and further. speei fy- .agy:attendant.rights -to the
use'of'the' leased premises, including but not limited to,;;parking..lot- privileges,
swimming pool privileg0ss.eto
(c).the'ren 1 ,agteeMent:•ohail also contain
(1}'a provisipv permi.tting.,a tenant ,CO sub-lease ,gr, assign „the apartment;
(2) 'a provisiPn acknowledging the landlord s,responstbility.to provide
written receipts for all cash monies received from;t$e aenantS..
(3) a covenant of habitability as herein provided;
(4) an itemization of all services'to be provided by the landlord to the
tenant of whatsoever kind inclu..ding but not limited to maintenance of
gardens and grounds, provisions for trash removal, .etc., provided that
the landlord shallAave the right td= Alter; modify, substitute or
change .such- sersides "'so long as °the new'service'is'substantial'ly simi-
lar or equal to-the original service itemized'in the rental' agreement;
(5) an itemization of' all equipment provided by landlord to tenant inclu-
ding but not`limited'to sir conditioning, heat, water, hot water, wash-
ers, dryers, humid ifiers,'de- humidifiers, dishwashers, and garbage dis-
Posals., provided that the landlord shall have the right to alter, modi-
,fy,, substitute or change such equipment so long as the new equipment is
.:.aubatantially similar or'equ`al to the original equipment itemized in
the rental agreement;''
(6) provisione.,enumerating'the number' _ of persons.authorizO.. to•occupy said
premises not. to include occasional' guests;
(7) a provision allowing ' the -tenant to specify the term.of,the xental agree-
ment fora period of three months to one year.
(C) $ach;gblijatioh imposed on "a tenant or on a landlord by, this, ordinsnce'ahall
be a provision of every rerital 'agreement- whether or not.explicit � expressed in
the rental agreement.
,Section 1.405. (Rental Agreement Renewable by „Tenant except for .lust Cause). At` -the
end.of the term of a rental ..agreement ahe tenant may renew the rental agreement,'
except upon,:astablishment of one of the following grounds as just,cause:
(a) the tenant has without legal justification and subject to the provisions of
;Section 4.201 failed to .pay:rent which is due.and ownng;
('b) the tenant„has' continued to be,'..gfter written'notice to cease; so disorder-
ly as to.destroy ;the,quiet enjoyment of.the,othektI'enants' fi the building;
(c) the,person has willfully;or by.reaa on. of gross negligence °caused or allowed
de'structibn;'•damage or injury to the premises;
the.peYSOn:,has: continued, after, notice- aa' required in Section 4..201(a), to
substantially violate or breach any of the;covenauts,oi'agreemerits contained In:
the. 'rental agreement for. the premises where a right gf,:,re- entry'is'.reberved to the
landlord in the: rental agreement fora violation of such covenantor agreement,
Provided 'that such covenant or agreement is reasonable and ih;compTiance with, all
applicable provisions of this Ordinance;,.
(e) the tenant•has•.00ntinued,.after notice ;as .regiiired in Section 4.'201(a), to
substantially Violate or breach any of the ,14ndloid's''rules and•'regulati'ons gover-
ning "said premises,, provided such rules $nd regulatfons,. ,are - reasonable and:are.•in
''compliance with.all:applicable.provisions of this : ordinance; '
(f) ihe'landiord.proposes, at the termination of the•,rental agreemeut,.reason-
able changes of substance.in the- terms and'conditiong,o# the Yental'agreement,.in-
cl'uding,specifically any increase in.,rent, provided thei:increaselin rent is'not
unconscionable,, which the•tenant, after two monthp written notiee, refuses to ac-
cept;'
(g)'the landlord, seeks to permanently board up' or. demolish "the premises because
"he has been cited: by the Housing Inspector _for substantial, :yiolatidns of the Mini -
mum 4ousing- Stan0ards and it, is, economically unfeasible for the landlord to cor-
rect We violations, subject to the provisions. of Sectigci' 4':105;
(h). the landlord reeks to retire;: permanently the residential building from rea-
'idential use; provided this paragraph shall not apply to
ply covered un-
''der paragraph (g) of this section;
(3) the landlord is converting.from the.;rental "market to a'confominium or a
Cooperative.
'Secti6n "1.406. (Rental Permit, Certificate'of,Occdpancy Condit .1 upon,COmpli-
ance with this Ordinance). The landlord's compliance with the' provisions of this
Ordinance shall. be,ta.conditiion , for .the issuance of a valid rental permit;and cer-
tificate of occupancy.-The Housing Inspector shall receive and inbestigate all
complaints arising under this - Ordinance and upon a finding,tihat a'landlord ds in
violation of any provision of -this Ordinance shall.nbtify the Yandlord'bS the., vio-
1 Aoc hticl
FF'1 10"
rf� � �ri
lation and shall order the landlord :to correct the, violatiop,within. a reasonable
time not to exceed, one month. If at -, the end "of,the.period; allowed by the Housing
Inspector. the londlord has.not, cured. the. violation. the:Housing.jnspector shall re-
voke the landlord's rental permit and. certif icate. of occupancy.. The Housing In-
spector shall reinstate the.landlord,:s rental .pgrmit and_certif,icate of occupancy
when s /he determines, that, the, landlord is.•in compliance with all provisions of
this Ordinance.
Section 1.407. "(Separat ion ,:of . Rents ano..,Okligatiops to .faintain.property ..Forbidden)
A rental agreement, assignment, conveyance, trust; deed.,.or.securtty.,instrument may
not permit the receipt of rent; free pf,the obligation to comply,with Section
2.104(a).
"Article II' '
Landlord Obligations
Section 2.101: '(Rental`Deposits) Rental deposits shill 'be governed 'by'the, Code "of
Iowa,'1975, "Chapter 562:'16 and the ptbvisions of that Chapter a*e.hereliy'made' a'•?
part of this Ordinance by'reference " "subject'to'tli e' following supplementary'provi-
(a) A landlord may not demand of receive a deposit, hbwever denominated, 1.A hn "am-
- 'ouet' Or value -'in' excess` bf oner month' S'_ periodic" refit nbr'any advance' pAyment' of
rent exe`ept the rent fcsV one perfbil' which is "due 'at' the beginning` of 'that period.
(b) Landlord and tenant- ffiayragree- in "the rent&V agreement that. inteibst'on the
rental . deposit shall be payed to the tenant " ." '
,(c) T6 landlord shall, Yhd commencement- of a tenancy; provide to'the'tefi�ant
a eheWist of damages and defect §. The landlord and the tenant shall together ex-
amine- the `dwelling Snit' a4d, li §f 'on the''checklisE`'all' observable damages; or defects
and the 'condition 'of 'ail' egiuipment and `furnieh'irigs''supplie'd by the landlord `$ th
parties shall'sign two 'copYes`and'each shall retain one. If the`landlbrd fails'to
supply the checklist or fails to sign the completed checklist s "%he shahl''lnse'all
claim t6 any portion of the deposit for the purpose of'ChapteY 562'.10'6f the Code
it-
6f Iowa:' 'If latent "defed'ts berotde inanife'st'or %if 'defects are' repaired ' during' a;
tenancy the c'hbokli'st 'shall be 'revised `and 'all revision's 6hall"be initialed and`
dated by both tenant and'Yandlord ' `
(d)'A't the' termination of a' tenancy the "Tandlbrd' 'shall "examine'the dwelling unit
in the presence'of' the tenant' and 'shall ' "imm6d_iately give `written hotice''to the
tetiant of any `claims" to be' made 'on 'the doposit.''The' landlord may'-riot, make any ''de-
ductioiis'fibm fle'depos3t - fur i'tems`liste3 on the' current' checklist 'or for any"
defects not caused by the negligence of the tenant or for any item not specified
in the notice given the 'tdkbindtiOhls
te) "If the tenant fails to' 6t'amine the "dwelling unit with''the landlord At termiL-
na'tion the landlord may ci' for'any'defect 'caused by�the tenant and'not on the
current checklist:''I£ the Iandhord hills to return the deposit "to the'tenant or
fails 'to furnish `t 1. iaritten 'statement showing -the specific 'reason
•for the withliol'ding of the ',deposit `or any portioif'thereof 'together with that por-
tion of the deposit due the tenant within thirty "days from the date 'of termina-
tion of the °IenAncy and receipt of - the 'tenant's iriailing address or delivezy in-
structions the tenant may recover the deposit and damages in an,amount equal Ed
twice the 'amount of�the' deposit' and'rea'sonable attorney!'s 'fees and court "costa:
(5) an itemization of.all 'equipment provided by landlord to tenant inclu-
-ding but; not limited to Air conditioning, heat, water, hot water, wash -
ers, dryers, humidifiers, 'de - humidifiers, dishwashers, and garbage dis-
•.posals,::p'rodided,that the *landlord shall have the--righv to' alter;'modi-
fy,`.substitute or change sich.equipment so long as the new equipment is
substantially similar or e40il to 'the original equipment itemized in
the rental agreement;
(6) provisions enumerating the number of persons authorized to occupy said
premises not to include occasional guests;
(7) a` provision allowing the•tenant'to specify the term of the rental agree-
ment for a period of three. months to one year.
(C) Each obligation imposed on a 'tenant'or.on,a landlord.by this ordinaittce.ghall
be•a provision`of every rental agreement whether or not explicit? ,expressed in
-the rental' agreement. -
.Section 1,405. (Rental Agreement Renewable -by- Tenant except for Just,Cause).At the
end".of, the term di A rental agreement the tenant may.renew the rental agreement
•except 'upon zestablishment of one;'of,the following grounds as just cause:
"'(a) the'tenant'has•without legal'justificatiori and subject to the,provisi' of
Section 4.201. failed to,' pay ; rent. which is due ,and,ownng;,
(b) the tenant. has continued,tp.be,:ofter written notice to`eease, so disorder-
ly "as,to destroy the, quiet enjoyment of,
the, other ,tenants in the building;.
'(c).'•the'persoti has wi:llfu4y,'ox by reoson of gross,. negligence.: caused or ,allowed
•'destruction; 'damage or 'injury to the, premises;,'
.(t1):the: person has 'continued, aftex notice as,,regpired in Section 4.201(a), to
substantially violate or bxeach any, of ,fbe,covenonts,.or agreements contained in
the rental agreement for' . the, .premises;,where.a right of,xe -entry Is..reservgd to the
landlord: in the rent al.agreement' for a violati�on,,of. such covenant:or.:agreement, 1.
provided,, that such covenopt or agreement is reasonable`and.in compliance with all
'applicable provisions of this Ordinance;
(e), the •tenant has continued, after notice as'requtred in Section 4,.,201(a), to
,•substantially violate. or, breach' any, of, the landlord's rules and regulatiops gover-
ning;said premises, prov I I ded 'such rules and regulations 'pre re
asonable..and..are in
:compliance with all applicable provisions'of this'.Ordinance;
.•(f)•the landlord proposes'„ at the termination of the,rental agreement, reason-
able changes of substance in the; terms and conditions -n€ the.rental agreement, in-
cluding specifically any Increase 'in rent, .;provided , theiincresse -in rent is not
.unconscionab'le;: which the tenant, after. .two months'. written notice,: refuses tO.,ac-
Cept.
" ' -
F
(g)'the landlord'seeks to permanently board up or demolish the .Premises because
hw has•been o#ed by the Housing Inspector for substantial violations of. the .Mini-
mum Housing Standards and it:is' economically unfeasible for, the landlord-to.cor-
rect the, violations, subject to the provision¢ of Pectipn.4.105;
- (h) the landlord seeks to retire permanently the:;tesidential buildingt,from.,res-
idential use, provided this paragraph. shall not apply to,. circumstances .cpvered un-
der paragraph (g) of'thfs section; -
,(i) the landlord is converting from the rental market to a. condominium or a
cooperative.
Section 1.406..(Rental Permit„ Certificate of occupancy Conditional upon Compli-
ance with this Ordinance) The landlord's compliance with the provisions of this
Ordinance shall be a condition for the issuance of a valid rental permit and cer-
tificate of occupancy. The Housing Inspector shall receive and investigate all
complaints arising under this Ordinance and upon a finding that a landlord is in
violation of any provision of this Ordinance shall notify the landlord of the vio-
1 Aor. - h.),i ,-
l _ .:.. I.a. .. F is
to c xb t
Ft 1 1 "77
lation.pnd shall order the landlord. to. correct the violation within a. reasonable
'time not to exceed; one month. If at the endof the period.allowed,.by the Housing
Inspector the landlord has not cured.. the violation the•Housing Inspector shall re-
voke the landlord's rental,permit and. certificate of occupancy.. -The Housing In-
spector.shall reinstate the landlord's rental permit, and.cetti(icate of occupancy
when s{he determines thatythe landlord.is in,cotpp a.,nce w.th.,all provisions of
this Ordinance.
- Section 1.407. (Separation of. Rents and:Obligations to ;4aintain;.Praperty.Forbidden)
' rental agreement, assignment, conveyance, trust dged,,or security- instrument may
not permit the xeceipt.o$.rent free the obligatiop;,to comply with Section
2.104(a).
Article TI
Landlord Obligations
Section' 2.101. '(Rental Deposits) Rental-'deposits' shall be' goveYned' by the 'Grade 'of
Iowa; 1975, Chapter' 56M6 and 661 provisions of''that'Chapter are'hereby`made "a •P
part of this'Ordinanee by referefice subject to the following 'diiPplementary provi-
sions:
(a) A landlord may not demand o'Y'reeeive a deposit, however denoiAAhfed,'in.an am-
bunt -or value in excess of one ' onth''s''periodit rent nor nny--advAnce p'dymciti of
rent eikcept the rent' for 'oti& period which is`dd6 at the beginning of that period.
(b)' Landlord' and tenant may sgiee 'in' the ientdl{' agreement° that 'in terest on` the
rental deposit shall be payed to the tenant
(c) Tfie landlord `shall,' of -66 cdmmencemetit of'' a tenancy;' provide to the' tenant
a:checklist of damages and defects. The'landlbkd 'and'the'tenan't shall together '.ex -
•amine the 'dwelling unit 4ajild list on the •checkli'st gall observable damages" defects
and the. condition of` all` equipment and- furnithings'supplied by the landlord."Both
-parties 'shall "sign two' copies and 'each�shall`ketain one.' If the. landloid fails to
supply .the checklist or fails to sign the compTeEed Checklist °is /he shall`'lbse' all
claim; t8 any portion of tW deposit for the purpose of`•Cfispter'562 lb`bf the Code
of Iowa: Ti' latent defects become `manife'st'or- �if'defd6ts' are repaired during a
tenancy the checklist �shall'be�revised-and all revidl:6tis 'shall be initialed and
dated by both tenant and.-landlord:
(d) At the termination•of a tenancy the landlord 'shall exhmine'`the dwelling unit
"in the` presence of the ti'enant and'- shall `immediately give -written notice to the
tenant of any claims to be`md"'on'•the °deposit. c 'The lsndlordmay not make any d'e-
ductions from th d'epo§it fbr:-im ms li`sted'on the'current checklist or for any
defects not caused by,.the negligence of the tenant or for any item not specified
in the notice gived,the "?'tenant at: termination.
(6) If the. tenant' fails _ to -examine the'dwelling unit with the'iandlord'at termi-
nation the landlord tray clAm for any •defect caus ed 'by 'the tenant and'not on'`the
current checklist. 'If tfi6 `landFOrd'fails' to re'tu& the deposit to;the tenant or
fails to� furnish td the 'tenant a written statement showing, the specific reason
fbr the withholditi'g of the - deposit or 'any` portion thereof 'together with 'tha't ' por-
tion of the deposit due the tenant within thirty'days from the date of termina-
tion of the tenancy and receipt of the' tenant's bailing address' or delivery 'in-
structions the tenant may recover the deposit and damages in an amount equal to
-twice .the'amount'$f'the deposit and reasonable attorney's fees and court costa.
6
(f5 Nothing'in this Section'shall prevent landlord or tenant* from recovering:
'other damages to whichls /he'may be entitled un&dr,this Ordinance or`under` any
other rule of law.
Section 2.102; (Disclosure) '
.(a) Allandlord -or any person authorizeg to enter into a`•rental'agreement on his/
iher behalf shall'diselose to the tenant in'writing'a or before the commencement
of the tenancy the name and address of
(1) the person authorized to manage the premises; and
.(2) .an owner -of the premises or a person authorized to act for and on behalf
of the owner for the purpose of service of process and receiving apd'rec`eipting
for notices and demands.
(b) The information required to be furnished by' "thhis Section shall be kept Gur-
rent and this Section -'extends to and is enforceable against�sny successor land-
lord,:owner,-.or.manager:
(c) A person who fails to comply with subsection (a)'becomee an agent of each per-
son who is a:landlord, for
(1) service of gtocess' and receiving and reeeipiing for' not ices' and demands;
and':
(2): performing the''obligations of the landlord under this Ordinance and under
the rental agreement and expending�or making'availaVle for the purpose all'rent
- collected from••the premises: "
Section 2.103 `'(Lindlord'to Deliver Possession af'bftlling Unit)
At the commencement of the term a landlord shall deliver possession of the
premises to - the•tenant+in compliance with the`rentaP• , agreemsni and Section 2.104.
The landlard:.may bring an actioft"for t possession against any* person wrongfully_
possession.•and may rbcover the`damages` provided in Section 4.301(c).'
Section 2.104 (Landlord to,Maiiitain Premises)
(a)•'A. landlord •shall:
(1)1 - comply with the requirements of applicable building and housing codes
materially affecting health and 'safety;
(2). make all repairs and'd'o whatever is necessary to put`and keep the
premises in a fit-and habitable condition;
(3) keep all common areas'of the premises In's clean and safe condition;
(4) :maintain in good and safe working order 'and'condition'all'alectrical,
plumbing, sanitary1heating,,ventilating, air - conditioning',' and other facilities '
and appliances, including elevators, supplied'or required`•to`be supplied`'by him/
her;
(5). provide and maintain' appropriate receptacles and conveniences for the
removal'of ashes, garbage, rubbish, and other'wiste incidental'to`the occupancy'of
the dwelling unit and arrange for their removal', and
. (6) supply running water and reasonable amoiunts'of hot wafer at all times
and reasonable heat between October 1 and May 1 except where the building that in-
cludes the dwelling unit is not'required by law to be'equipped for'that purpose,
:.or the dwelling• unit -is so constructed that heat or hbt water'is generated by
an installation within •the-exclusive control of•the tenant and'suppiied by a dir
'set public utility connection and the tenant 'is billed directly by the utility
company. •
(b) If the duty imposed by paragraph.(1);of subsection (a) is greater than any
duty imposed by any other paragraph of that subsection, the landlord's duty shall
be determined by reference to paragraph (1) of subsection (a).
(c) The landlord and tenant of'a,single family residence may agree in writing
that the tenant ,perform the. landlord Is duties specified in.pgragraphs (5) and
(6) of subsection (a) and also specified repairs, maintenance tasks, alterations,
and remodeling, but only if the transaction is entered into in good faith and
not for the purpose of evading the obligations of the landlord, p 0
7 I� n
FE
U,.
(d) The landlord and tenant of, any dwelling .uniteother;. than . a.single family iNe®
silence may agree that the tenant is. to perfgrm specified repairs,_maintenance
tasks, alterations or remodeling only if
(1) the agreement 6f' the parties is entered into 'in. good faith and not for
the purpose of'evading the obligations of the landlord and is set. forth in a:
separate writing signed.by the parties and supported by adequate consideration;
(2) the agreement does not diminiO. or affect the obligations of the landlord
to other tenants in the'premises:
(3) -The landlord-may not treat,.performance -of the sepatate,agreement. described in
subsection (d) as A condition to any obligation or, performance -of : any rental
agreement.;
Section 2:105. (Landlord not to Discriminate)
The provisions of Chapter 10,.2 of the Municipal Code ,of.,the,City of Iowa City .
insofar as they.apply to. discrimination,in ''.the rental of xesidential; dwellings are
hereby made a pirC of this Ordinance by reference subject to the following amendments
and supplementary.providions.
(a) No landlord may in the rental of a dwelling unit discriminate against any
person on the basis of race,, d6lor,,'c):esd
�j religion ,- nationaltty,.sex;.anceetry,
age, lawful obcupation, marital status, affeciional, preference, the fact.that the
person or a member.of: the perso 's. household, has,a,disability.or,handicapt the
fact that there are children # t; e,person:s hou$ehold,ot.;the number=.of. :such children
(excep't in compliance with any applicable 'law cnncernir}g.:minimum apace :requixe=
:ments in dwellings), or:the.,f gt that,the person. :receives puh -!*c financial . as.sis -
tance, of'8ny kind.,
(b),. If a landlord is foiihd,byry a court of- competent juriadiction;to have,violatad'
auhsection.,(a), of this section ,the ,jjousing. Inspector, suspend `the ilandlord's
rental permit and certificate.of occupancy, for a,.period of, three, months., The
•City shall during this period have all the rights of the landlord.and:may.manage,
let rental units, contract for all repairs and rehjbilitation as needed, exercise
any landlord remedies ' ptovi4fd- by, this Ordiaance, and; collect, rants, which shall
be placed in an escrow account and used to pay :all :costs;connec.ted with managing..
thepremisds At he end f the three month :peiiod he City shall distribute to
the tenants pro fated shares of any monies.. remaining in the.escrow- account and
shall. reinstate 'the . landlotd's dental permit . and certificate:of. occupancy,
'(c) 'lf; the' same landlord shall,be;found'.in violation of subsection (a)' of this
section a second time. the,p9nalty specified in subsection (b).shall';again apply
except that the period ahll;be.six. months
,:
Section 2v106.' (Limitation of Liability)
(a) Uniess,gtherwIse; agreed; a landlord, who eonveya,premises.that include a
dwelling unit subject,u a•rental agreement.in a good faith sake to a bona fide
purchaser is relieved of liability under the,. rental. agreement '.and :,this Ordinance
as ;,to events occuriing;after. written notice.'to the tenant.of _ the_,00nveyance.
However, s /he remains liable'to'the tenant,for all security recoverable.by the
tenant under Section:2.i01;and all prepaid rent
(b):, Unless dthetwihe agreed, a manager of,premises that include a.dwelling .
unit, is relieved of �iability,;under the. rental ,agreement .and this: Ordinance as to-
events occurring after written notice to;the tenaritt,of -the termination _ of,his /her
management.
Article III.
tenant Obligations,
Section 3.101. (Tenant to,.- Maintain Dwelling Unit) .A _tenant shall'
(1) comply with all bbligations primarily. imposed upon tenants by applicable pro-
8
visions of building and housing codes material'Ay� affecting health and safety;
(2) keep: that part of the premises that s /he occupies and uses as reasonably clean
and safe as the condition of the premises permits;
(3) dispose from his /her dwelling unit all.ashes, garbage, rubbish, and other
waste in a clean and safe manner;
(4) keep all plumbing fixtures in the .,dwelling '-unit or used by the tenant as clean
as their condition permits;
(5) use in_a reasonable. manner. all. electrical,•„ plumbing, sanitary.,.heating, van -,
tilating ,,air- condttioning,.and.other faciliiies;and• appliances including eleva-
tors in the premises,
(6) not, deliberately or, negligently destroy, deface, impair, or :remove any part
of the premises or knowingly permit, any, person,to..do sod „and:•°
(7) conduct himself /herself and require other persons .on:, the, premises . with his/
her consent and under his /her control to conduct themselves in a.manner.that will
not disturb his /her neighbors' peaceful enjoyment of the premises.
Section 3.102 (Rules.and Regulations)
(a) A'landlord; from.time to time, may adopts, rule or regulation; however de
scribed, concerning the- .1 :teneAt's use and occupancy of the premi ses._ ;It is_en-
forceable against the tenant.only,,.if. r
(1) its purpose-,is to promote the convenience, safety,.-or wel6re;.of;the.
tenants`in the premises,.. preserve .the.landlord.la�'propetty from abusive use; or
make a fair distribution.of se vices.and facilitie®`held out..for the tenants
generally; ;
'(2) it is reasonably related to the purpose,,of which it is•adopted;'
(3) it applies to all :tenants in: the •premises�lin a: fair manner;
(Wit is, suffd.ciently: explicit in.;its, prohibition, ?direction, or limitation of t
the tenant`s'conduct to,-fairly inform him /her of what's /he,must or mu$t not do to
comply;
(5)- it is.not for the purpose. and.does not have the, result of evading obligaP
tions of the landlord;
(6).. • the tenant has notice: pf• it: at the times /he ,enters into the ,rgn qeX
agreement or when it is adopted.
(b) If•.a,rule.or„ regulation is adopted after the tenant enters into the rental,
agreement that works a sub stantial modification- of- the,kental. agreement it is not
valid unless the tenant •.,.consents to it in writing.
Section 3.103. (Access
(a) A tenant 'ahail not unreasonably withhold consent to,•the 3aadlbzd'to enter In-
to the dwelling unit in order to inspect the premises,,make necessary ^or agreed
repairs,dreorations, alterations, or improvements, supply necessary.or agreed
services',, or exhibit' the dwelling :unit
to, pro
spective of 'aceual'purchasers',
mortggees, tenants, workers, or;'contractors.
(b) A'larialord may enter '
the dwelling unit without consent'of the tenant
case of emergency.
(c) A 18ndlord shall not abuse the right' of acpe'sg' _or use It to Harass tUe 'tenant:
Except incase of emergency or: unless it is impracticable to do so,'the landlord
shall give'the tenant at least "two'days' notice of his /ner,intent to enter and
may enter,only at reasonable times:
(d) A landlord has no other right'of access except
'(1) pursuant to`court order;;'
(2) as permitted by Sections"4:202`and 4.203(b);-or'
(3) unless the tenant has abandoned or surrendered the premises.
Section 3.104. (Tenant to Use and Occupy)
Unless otherwise agreed, a tenant shall occupy his /her dwelling unit only as a dwelr
ling unit. Th.e: rental agreement may require that the tenant notify the landlord
F rn
F_L,1
Article I.T.
Remedies
Part I
Tenant:Remedies.;. .;
Section 4.101. (Noncompliance by the 1a'Udl6rd-TIn'General)
(a) Except as provided'in this'Ordinance;:if there is a naterial'nondompliance
by the landlord with the rental agreement or a noncompliance with Section 2:104
materially affecting health and 'safety, the' 'tenant may''deliver a written :notice
to the landlord specifying. the acts ands, omissions constituting the breach and that
the rent alagreement'Will terminate upon a date not less than thirty. days. after
receipt lof -the-fiotice,ifIthe breach is not remedied..in fourteen daya,'•and_
the rental agreement shall terminate as provided in the notice subject= to''the fol-
lowing: .
(1) If the breach is remediable by repairs, the payment of.'damages,or otherwise .
and'the londlord-adequately,remedips. the breach' before .the'date.`spec'ified:in'.the
notice, the rental agreement shall not terminate <by reaso'n- pf.the breach..
(2),;If subs tanxiahy' the same: apt :or .omission which constituted a prior noncompli-
ance of:which notice, was given 'recur @,within six months,; the ' tenant 'may,teimi ®':..:
nate. the. 'rental agreement upon at! least Ifourteep,,days written notice specify-
ing the breach and the''date of termination of.xhe rental, agreement;
(3) The tenant may not, terminate for a condition caused *by - the deliberate, or neg-
ligent act or.omission of the;,tenant, w member of his /her. 'household or"a'person
on the premisesiwith b1sther ;;consent and under his/her- control,''''.
(b) Except -as provided #n.thW Ordirtance,;the ;.tenant. may :recover: actual damages
and obtain injunctive relief for any noncompliance by the landlord with the ten
tal agreement or Section 2.104. If the. Iandlord'g•:noncompliphee , is willful the
tenant may recover- reasonable attorney's fees-and court costs and.punitiye dam-.
ages
(c) The remedy provided in 'subsection (b) is in addition to any right of, ths`ten
ant, arising under Sectiop- 4.101(a). 1. ,
(d) If the rental agreement is. terminated, the, ,landlord shall return •all security
recoverable by the tenant under Section 2.101 and, all prepaid. rent::
Section;602. (Failure to Deliver Possession)
(a)`If,the landlord fails`to deliver possession of the dwelling unit to Ehe ten-
ant as. provided: in SeetElon 2.'103, rent shall abate unti;,poasessioa is delivered
and the tenant may
(1) terminate the rental agreement upon at least dive days' written notice -to
the landlord and upon termination the landlord -shall return all prepaia(isnt
and security and' the "tenant may ' reecover the actual damages sustained by himJhea
and reasonable, attorney's fees and'court_ costs; or
(2) demand peiformarfce of the rental' :agreement by the landlord and,.if the
tenant elects, mainisin an action for possession: of the dwelling unit 'against
the landlord or any- person wrongfully in. possession and recover tte actual'
damages sustained by him /her and seasonable attorney's fees and court costs..'
(b) if a person's failure to deliver possession is•willful and not in good
faith, an..aggrieved' person may recover from that person'an, amount'not more than
three months' periodic rent or threefold the actual damages sustained, which-
ever is greater, "and'reasonabld - attorney's fees and court costs.
10.: . .
Section 4.103. (Self -Help, for kink, Defects)
(a) If the.landlord•fails • to comply;with' the rental Agreement or Section 2.104,
and the reasonable cost. of ::compliance, is .less than: $1.00,. or an ,amount equal to.., .,
one -half the periodic rent, whichever.:amount is;gr•eater;tfor.-all the breaches
known by the tenant to exist at the time s /he chooses•,to`exercise this remedy, .
the tenant. may, recover damages for.the,;breach under...Section 4.101(b).. and . may noti-
fy the'landlgrd of•ihis /her intention to ;correct. the .condition -O. -the landlord's,
expense. 'If the landlord fails to comply within fourteen days af ter. being, notified,*
by the tenant.in;writipg,or asipromptly aa,- conditions requtre,dn; case o£ emergency,
the tenant -may cause-the Work!to be:done in a,workmanllke,,manuer and, after sub -...;
matting to the landlord an itemized , -statemeftt,'i deduct from his /her rent the actual';.
and reasonable•coat ' or the fair -and reasonable value of the work, not exceeding. :.
the amount specified in this paragraph.'
(b) A`tenant may not repair at the landlord's'expegse if the..conditign wa's' caused _.
by the deliberate or negligent - act or omission.-of-the tenant,'a member.of his /here..;"
household: or a person on the premises with his /her:tonsent and under his /her son
trol
Section 4.104. ;.(Rent Withholding, Rent AbateivW #Ifor Major Dekects)
(a) If the .landlord.faiis to oomply with the.rental agreement',,or Sectiou;.2.104 and
the cost of compliahca•}for all the breachep known,by the tenant to exisE';at the,'- .
time s/he chooses to exercise this remed'*'.exceed �I00 or,one half the periodic
rent, whichever amount•is greaier,l' the i na spay notify the Housing Inspector of• '
the breach'.'The Housing Inspector shall upon inspection .and.upon•verification of
the breach, notify the landlord of'`the breach' and 'shall orderrthe iandlord'to
remedy the breach in a.,reasonable time, not to exceed one month:'
(b') If the landlord'does'not remedy the breach wiihiu,`one; month or .as soon'as.
necessary ,tn. case .Iof emergency. after'receiving•notice by the Housing Inekttoi,.
the- duty;,of the; tenant,; to. pay Tent, is suspended" Housing Inspector shall upon .
reinspection and upon•verification of the continued noncompliance certify,the "ten
ant fot rent.withholding and.ngtify the landlord:of the tenant's eligih litq for.
rent withholding. "
(c)'upon'receiving ' ellgibility'for rent witht{oldingr the tenant shill withhold
100% of. the periodic rent' for the, period, of the nom- comTfi.anee.andAeposit the
rent, withheld, -into. an escrow atcount in.aibank' or trust company approved by the
City of Iowa-City If the.landlord.cannot.or,iy . unwiiling to,pay: utility pervices
for which,s /he is obligated, the City, shall use withheld Xent, for thisipurpose.
__ r
(d)'The Landlord may recover all monies remaining`in the.ascrow accpunt•upon.re
certi£ication.of' the dwelling uniE.;by' the Housing:Inspector.
(e) If1ifiz landlord fails to, remedy the breach withim:one• month after receipt of.
second notice by the Housing Inspector, the tenant may
(1) recover all withheld'rent and recover, any rent, already paid. during. the per
iod of.noncgmpliance;:and: terminate the rental:agreemant; or
(2) 'oontinue- :occupancy and.-,continue paying rent into an.`escrow account until.
the City,, as provided in Section '4 .105 brings the dwelling unit into compliance ,:.,5
(3) In addition to .the, remedies provided.in (1),:and (2) bf., this 'paragraph, the
tenant maibitains ail.rights,to;.recover any; 'actual damages:.,aud. reasonable; attorney. 's
fees anVcolint costs. +
(f):If &okraiy,to.,the rental. agreement or'Sec.tipn'2 104:the;landlord, fails to
supply hadty', running, water,•hot_ water,!glectric, gas or: any other services;•or re -,.
quipment esaentiai,:to.thp health,;safety, or welfare of,the•tenant,'.thg; tenant's
obligation to pay rent is suspended.,The Housing Inspector upon`.inspect.$on and ,.• '.
upon verification of the breach shall immediately certify the tenant for rent a-
batement and shall notify the landlord of tenant's eligibility for rent abatement.
Ll
The tenant may, upon receiving eligibility for rent abatement:
(1) abate 100% of the .periodic rent for the period of the agncompliauce and re-
cover any. rent already paid during the, period of the noncompliance; and
(2) procure reasonable substitute housing during the period of the noncompliance
and :recover the difference between the actual and .reasonable cost or fair and rea-
sonable value of the substitute housing iand the periodic rent; or
(3) terminate the rental agreement.
(4) In addition -to the.remedies provided in paragraphs,(1),. (2), and-(3) the
tenant maintains all rights to :recover actupl. damages' ; and reasonable attorney's
fees and court'costs:..
(g) Rights of the tenant. tinder: this.. section do not arise until notice has been
given to the landlord by. the Housing Inspector or 'if the condition was .. caused;by
the deliberate or, negligent act or omission of.-the tenant, a.memb.er of'his /her
household. or. a person.on-pbe.premises with the tenant 'a copaent.aild under • the ,ten=
ant's control. "
Section 4,105•. .(City R,eceipership)'
(a) If the landlord does not remedy the breacli under Section 2.104 or Settion
4.104 within one month after reoeipt;of a second not-ice.by the' Housingtdnspector,
the,City.,ahail upon inspection (f; the dwelling .unit: "
(1).rsvoke' the landlord's rental permit and certificate of occupancy; and
(2) remedy, the :breach when fn° :t' �Jud event a failure, tb do so will endanger;
the public "health:. safety,. or welfa a a� th cost of such action will not excelU
,., n
SOX of the fair market value of xhwe„ i.gm nit,.to lie repaired:
(b)' Notice. of the intention to make such rgpairs'or to :take other. corrective ae=
tioii shah• be. served upon the owner, operator, or,. agent, L (c) Every: owner; ,operator or agent_of a, dwelling. unit who has received notice'of
the _in . fention of the City; to mane repairs. or to take other corrective.action shall
give entry;artd free acce`s's:to the agent ot'.tn6 City,for the purpose of.'maki, such
repaira',Ariy ownet,.opeYator, or agent of a dwelling pnit who•refpsea-,,impedes,. in-
terferes'wiEh; or hinders :; or,
obstructs' "entry by such•agent pursuant to'a.notice"
of`intention' to. make 'repair$ -or take other corrective :action.shal =l be subject to a
civil penalty of_not lesg.than 25 nor more:. than for each such: failure
to comply ,with this section. Each day on which access" is'denied.shail :'constitute
a separate "Violit�.oin of 'f As provision ,
(Q i16,n repairs•a "re made`8r -other corrective action taken at the direction of
the`City� the .cost "of suit 'repairs and. corrective:. action shall constitutb w debt
in' favor of. the City 'against', the -pwner of the repaired. structure., In tile: event:
such owner' fails,` neglects, or.reiused :to.pay`the City: the amounts of this, debt,, it
shall be recoverable A a, civil action,against. the owner :or.hie /her successor; :
brought in a court:, of competent',jurlsdicti'on by the, City, which shall posagsa:.;Lll'
rights of, a, private.Creditor ' and'shall have alien prior.to _all other claims on
all future rents gind on`the'premipes.
Section, 4.106. (Fire or Casualty Damage)
(4r_lf the.dwell'ing unit br premises are damaged, or destroyed by fire or, casualtyi
to an`extent that 'enjoyment of the: dwelling unit is sabatantially. impaired. the' tenant may.
(1) immediately 'vacate,the.premises.and notify the aan3lord in.writing within
fourteen days thereafter;of his /her: intention to terminate the rental agreement,
in which cafe the rental agreement :terminates as, of the.. date of vacating; or
(2),if'continudd "o6cupancy is lawful, vacate any.part of .the dwelling,�unit.ren-
dered unusable by the fire or casloaity,, in which case the tenant's liability. for rent `shall be in proportion to the dimination.in the fair rental value of the
dwelling unit."
12 .
(b) If the rental agreement is terminated the landlord shall return all security
recoverable under Section 2.101 and'.all prepaid rent. Accounting for rent in the
event of termination or apportionmenti ^shall. be made as of the, date of.the fire or
casualty.
Section.4_.107..(Tenatm's Remedlekl ror Landlord's Unlawful Ouster, Exclusion, or
Diminution of.Service) If a landlord unlawfully removes or ex4 des the tenant,:
from the premises or willfully diminishes services to the..tenant by, interrupting
or causing the interruption of. heat, running water, hot water, electric; gas, or
other essential service;; the tenant may recover' possession or terminate, the rental
agreement and, in either'case,,recoger;an amount equal to,not. less than one month's
nor more than three mont6'_,pertodic rent or`tbreefold the.acival damages sustained
by the tenant, whichever is greater, and reasonable attorney's fees,.and court
costs:,If the.rental.agreement , is terminated the landlord shall return;afl,securi-
ty recoverable under Section.2 :f9l and,all prepaid,rent.
Part II
Landlord, Remedies
Section 4.201. (Noncompliance with Rental Agreement;'Failure to Pay Rent)
(a) Except as.provided in this Act, if-there is a material noncompliance by the
tenant with the rental.agreement or a noacdipliance with Sddtion 3.101 materially
affecting health and safety,. the„ °,m y g7iver a written notice >tb•the
tenant specifying the acts and o. the breach and that the
rental agreement will terminate upon a date not less than thirty (30) days after
receipt of the notice:.- If the breach ' is =;nof Iremedidd in fourteen (14) days, the
rental agreement shall .terminate ; as,provided. in, the notice • subject, to the, following.
if .the breach is remediable,by.rW r ,or .th aywent of damages or otherwise
and the.,tenant adequately remedies he breach before the date specified in the..
notice, the rental agreemmnt a.hall`not terminate. If substantially the same
act or omission which consituted a prior noncompliance of which notice-was given
recurs within six (6) months, the landlord may '.terminate,the rental agreement upon
at least thirty'(30) days': written notice specifying the breach and the date of
termination of the rental agreement.
(b) If rent is unpaid when due eubjecY to the ,provisions 'of Section 4.194:and.the
'tenant fails to.pay rent;within.fourteep.(14) days after.written notice by the
landlord of nonpayment and his /her intention to terminate..the, rental agreement
if thereat is not paid within thai,period the landford.?may,terminate the.rental
agreement.
(c) Except as providedzin this Act, the landord may recover actual damages and
obtain injunctive relief for any noncompliance by the-tenant with the.rental
.agreement or Section 3.:101. If the tenant's noncompliance; is willful the landlord
may recover reasonable , attoiaay..'s.feea. -
Section 4.202 .(Remedies for Absence, Nonuse and A"ndonment):`.
(a) If the rental agreement requires .the tenant to give notice to the landlord
of an anticipated extended absence in excess of. fourteen (14) days. as required in
Section 3.104 and the tenant wil4ully. fails to. do,so,..the landlord may,,,reoover
actual damages from the tenant.
(b) During any absence of the tenat in excess of -fourteen (1;4) days, the landlord
may enter the dwelling unit at times.reasonably necessary.
(c) If the tenant abandons the dwelling unit, the landlord shall make reasonable
efforts to rent the dwelling unit at a fair rental. If the landlord rents
the dwelling-s_unit for a term-.beginning before the'exptraiioh of, the rental agreement
it to minatesras of the-,date-of the new tenancy. If the 'lbndl,6kd fails to use
reasonable efforts to-rent the dwelling unit at a fair rental or if the landlord
accepts the abandonment -as a surrender, the rental agreement is deemed to be termi-
nated by the landlord as of the. date the landlord has notice of the abandonment.
If the tenancy is from month -to -month or week -to -week, the term of the rental
agreement for this purpose is deemed to be a month or a week, as the case may be.
Section 4.203: (Waiver of Landlord's Right to Terminate)
Acceptance of rent with knowledge of a default by the tenant or acceptance
of,performance by him /her that varies from the terms of the rental agreement
constitutes a waiver of the landlord''6 right 'E'w tei-minate'the.rental agreement for
that breach, unless otherwise agreed after'Efi2.bieaeh; has- dceurred,r -
Section 4.204. (Remedy for Termination) If the enafhV'egi6ement :is% terminated,
the - landlordrhas`a claim.for. possession, and a separate claim for rent, and a
separate ,claim for actual:damages; for breach of the rental 'agreetient•'and reasonable
- attorney's fees : as provide& in,Section 4.101 (c)..`1 '
Section 4 ;205. ( Recovery of,Possession•Limited) 'A landlord may not recover
or take possession of the. dwelling.unti.by , acii'on or otherwise; including.mi.11£µl
diminution of services to the tenant by interrupting or causing the interruption
of heat,•running water; hot water, electric, gas, or 'other essential service
to the tenant, except in case of. abandonment, surr ender, or•.as.permitted in.this
Ordinance:
' .PART. •III
PERIODIC �ENAtj'4 E OF ACCESS
Section'4:301. (Periodic Tenancy;.,
( a) The landlord:.or•:the tenant;may:_�terminate a..week -to =week tenancy by a written
notice given -to •the, other, ats,.leagt seven days before the termination `date; .
specified in the notice >.j
)The landlord or the .tenant, may,te to +a M. th month tenancy by 'a, written
notice given -to the;other_at'1eas,t:thirty. "days before the periiodi'e rental.date;.
specified in the notice:.
(c) If. the tenant.- remains.,in,passesaion: without -the landlord's consent,aitar
expiration of-the texm,of;: the, rental agreement or its termination; the landlord
may bring-an an action for , '
y g� possessioq... If the landlord consents to the tenant's
continued occupancy,. Section 1 401 (d).app
lies.
Section •,4'.302.. (Landlard,.and:Tenant Reined es for Abuse of Acce'sa)
(a) If the tenant refuses to Allow lawful esai�the'lawdlord may obtain injunc
tiv.'e relief to .compel acaessilor terminate the rental agreement: In either case.-
the landlord may recover actual damages.•
(b). If the landlord makes an unlawful entry or a'lawful - entry in -an . unreasonable
manner or makes repeated rdemands:for entry otherwise' lawful but which have the
ef fact -of.unreasonab,ly . harasaing the tenant,:the•tpnant may obtain injunctive
relief to prevent the recurrence of the conduct or -terminate the rental :agreement.
In either case.the•tenant:;,may recover . act dal 'damages -'riot less than an'smount equal
to one months' rent and .ieasonable: attorney Is fees and•court costs.
Article V: .
Retaliatory' Uri& ct
Section 5.101. (Retaliatory Conduct Prohibited.)
(a) Except as providgd.in this section, a landlord may.not,reti4iate by increasing
rent or 'decreasing ervices:or by•bripging or threatening to.b.ring an action for.
possession or by la_use cf accesaaor by any other retaliatory conduct after:
(1)`" the tenant ha e
s'complsined to'a govrccmental. agency charged with 'responsi•-
bility.for``enforceme'nt of a building or housing code of a :violation applicable to,
the premises, or
14...
. ;
(2) the tenant has complained to. the landlord of a breach of the - rental, agrpe-7
ment or of any violation of this Ordinance, or u, . .-;. a .
(3) the tenant has :organized -or,becomeoa member of a tenant'sunion or,)s*milar
organization or -
(4) the tenant ha1&t5ie.d y,lawful.mannerito enflorce..any rights provided
under this Ordinan&VwAwthe rental, agreement.
(b) If the landlord.acts in violation,'of subseetion!(a), the tenant is entitled
to the remedies provided in.Section 4.107 and.:4aa a:defen,s,e in any,•retaliatory,
action *against.,him/her,ior.possession.;Tln,aA.action by or against thq,tenant,the'.
occurrence of,ahy action-,protected.by,this section.within one.year before the
alleged act;of retalidtion, creates .6, presumption .:that, the-:landlord1s,cQnduqt.-!wa9
in retaliation. "Presumption" means that..the trier-of.fact must find;tbe existence
of the fact presumed unless and until evidence is introduced which would support
a finding of its nonexistence.
(c) Notwithstanding subsections (a) and!(b),.a,J,4ndlord may bring an.action for
possession if:
-(l) the violafiqn of the a d
�UJWJVUJLI�J r housing
code was caused pri-
marily by lack of reasonable ca member of his family, or other
person on the premises with hig I rrurprtol deal hid/47er control;or
(2) the tenant I is 3 uAlawiu'lly in'defau'lt in r6'fii -or
(13) co"mplian6e with the a0pli6abld'DUilaini or i o6sing' !!code requires-al . tera-
tion, i;emodeling,.gr demolition woo
-:Lvely.dep;ive the tenant of
use of the dweljirig unit.
(d) The maintenance of an action under S'ubsiic tion does not release thi'3;lan'dl6id
0
from: Aability*..und9r Se"tion 4'.101 (b).
C j -, ,
(e) In addition to any other-remedies'for d breach under this section the tenant
may seek injunctive relief. "'
Article VI
A I
Appea
Section -6U01. (Hous-ing'Appeals.. Bo4fr-
The Housing-Appeals Board treated by Chapter-9.30
he Municipal Codq of, Iowa:
City, subsection 9.30.3E is hereby empowered to hear appeals as specified in.
this Ordinance, Chapter 9.30 of the Municipal Code, subsections 9.30.3B and
9.30.3C is hereby amended•as follows:
(a) As of the effective date of this Ordinance the tepb.of all members of the
Housing Appeals Board shall expire and the City Counpifi-shall appoint new members
subject to the following provisions:
(1) The Board shall be composed of seven members, Four members shall be
tenants and at least one member shall be a landlord.
(2) The first four members appointed shall serve for two years and the other
three members fo one year.
(3) Vacancies occurring during a term shall be filled for the remainder of
that term.
(4) At the expiration of any term a new member shall be appointed for a term
of two years.
(b) Any person affected by any notice which has been issued, in connection with
the enforcement of any provision of Chapter 9.30 of the Municipal Code or by any
notice which has been issued in connection with the enforcement of this Ordinance
may request, and shall be granted, a hearing on the matter before the Housing
Appeals Board provided that such person shall file in the office of the Housing
Inspector a written petition requesting such hearing and setting forth a brief
statement of . the grounds therefore within ten days after the date the notice
L
15
was served. Upon 'receipt of such petition, the,.Housing Inspector shall set a time
and place for such hearing, shall give, the petitioner and other .affected parties
written notice thereof, and shall take !no further enforcement action•pending,,the
outcome of the hearing. 1 . At such hearing, the petitio gr sha be'given an :�oppor
tunity to' be'' heard and to show why su @h notice sho ed or withdrawn
and any other . affected party shall'be given an opp heard•and to
show 'why 'such notice sh!ould'be sustafned, modified,,or.'withdrawn. Thet hearing
shall'be commenced not' later than twenty`-days after the.date on-which. the
pe'titioh'was'filed provided that upon ,application . of the petitioner the Housing
Appeals Board may postpone the dake?df the hearing for areasonable:time,:not °to
exceed'thtity days `if'in -the Board's 3udgement•the ;petitionet has submitted
a 966d-!and sufficient reason fgr!such.postponement.
Article VII
Effective bate;tepealer;' Savings Clause, Severability
Section 7.101.,.., ;of ective after its final passage,
approval, and publication asp appliesatgfee�nts on-
- 1. 1 . _
tered into or extended= or -ree t date:'
Section 7.102. (Specific.Repealer) ,The following ordinances and parts of ordinances
are hereby. amanded: ChaFxe 9n30,.of tt}e Municipal Code of the City of Iowa.,
City.
Section 7.103. (Savings Clau ct ed into before; the affi�tive
date -.of this Qrd�na ;nee and n gx e e or. xe ew .: , n and `after that date,; and
the rights, duties, and interests flowing from them remaih valid.aiid may, be ter-
minat;ed,,completed, consummated, ,or <enforced as.,reguired,or permitted by 'any
statute or other law amended or repealed by this Ordinance'.: as though the repeal ;'
or amendment had not occurred.
Section 7.104. (Severability)
If any provision of this Ordinance or t e application thereof to any person or
circumstance is held invali the inval does not• affect .,other, provisions
or application. of this Ore ce which can ipen'effect without. the invalid
provision or ap'plication,' -And to this end the provisions of this Ordinance are
severabl'e''
u.0 .•UJ.
FEG ". 1377
CIN CU. RK
16
m
r
UITY OF IOWA C
CHIC CFN(FR 410 F. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 31' 6 -50M
September 29, 1983
Tom Slockett
Johnson County Commissioner of Elections
Johnson County Courthouse
Iowa City, Iowa
Dear Tom:
At the regular meeting of the Iowa City City Council on September 27, 1983,
the motion was adopted that, as a matter of record only, the City Clerk be
directed to contact the Johnson County Commissioner of Elections and take
the necessary steps to have the Fair Rent Ordinance, as attached, be placed
on the ballot of the November 8, 1983 election, as provided for by the Iowa
City Charter.
We suggest that the public measure in question be phrased as follows:
--------------------------------------------------------------------
Shall the following Ordinance be adopted by the City of
Iowa City? Yes ( )
No ( )
"SHALL THE CITY OF IOWA CITY ADOPT AN ORDINANCE ESTABLISHING A FAIR RENT
BOARD AS AN ADMINISTRATIVE AGENCY OF THE CITY OF IOWA CITY, AND DELEGATING
TO THAT BOARD THE DUTY AND POWER TO ESTABLISH THE MAXIMUM RENTAL VALUE FOR
CERTAIN RESIDENTIAL DWELLING UNITS IN THE CITY ?"
This ordinance has been proposed by petition under the provisions of Article
VII of the Home Rule Charter of the City of Iowa City, Iowa. The full
context of this ordinance will be found to your immediate left inside this
voting machine.
------------------------------------------- --- ------- --- -- ----- - - - - --
If you have any questions, please advise.
Sincerely,
��.Z2cQ l
Marian K. Karr, CMC
City Clerk
Enc.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
PROPOSED ORDINANCE
TITLE; DESCRIPTION
FINDINGS
PURPOSES
DEFINITIONS
BOARD ESTABLISHED
JURISDICTION
TEMPORARY MEASURES
LANDLORD CERTIFICATION
ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS
REVIEW AND ADJUSTMENT
RULEMAKING
ADJUDICATIONS
BOARD,CERTIFICATIONS
ENFORCEMENT
SEVERABILITY
v L-\®I
I. TITLE; DESCRIPTION
An ordinance establishing a Fair Rent Board as an administrative agency
of the City of Iowa City, and delegating to that board the duty and power
to establish the maximum rental value for certain residential dwelling units
in the city.
II. FINDINGS
The City of Iowa City finds that:
1) the demand for private housing in the city is increasing;
2) city policies addressing the quality of housing and life in the
city, as evidenced by activity in housing code enforcement, zoning, and
planning and development, may work to reduce the potential number of dwelling
units in the city and;
3) economic conditions in the local housing construction industry
have slowed the increase in newly constructed dwelling unitS in the city.
The city further finds tha., as a resu of the and other factors,
the private housing market is nk c providing tenants with decent, safe, and
sanitary housing at a fair rent. Local housing conditions have led to
exhorbitant and unfair rents, and threaten overcrowding of available dwelling
units.
Therefore, pursuant to its power and duty to protect the health, safety,
and general welfare of its citizens, and incident to its ongoing programs
and policies in housing, the City of Iowa City hereby establishes a Fair Rent
Board.
III. PURPOSES
The purposes of this ordinance are:
1) to insure that tentants in existing and newly constructed residential
dwelling units may enjoy decent, safe and sanitary housing at fair rental value;
2) to provide a fair and efficient procedure insuring that landlords
receive reasonable rates of return on their investment in dwelling units.
IV. DEFINITIONS
For this ordinance:
1) "Fair rental value" is the maximum rent which may be charged in a
rental agreement entered into after the effective date of this ordinance,
subject to (a) Section IX of this ordinance, (b) Section VII temporary
measures, and (c) any adjustments granted under Section X.
2) Reasonable Rate of Return is that figure determined pursuant to
Section IX of this ordinance.
3) "Dwelling unit," "landlord," "rent," "rental agreement," and "tenant"
are defined in the same manner those terms are defined in Iowa Code 562A.6
(1983) Uniform Landlord and Tenant Law.
V. BOARD ESTABLISHED
A fair rent board is established, consisting of five members and two
alternates, all of whom shall be residents of the city, and none of whom
shall be employees of the city. Members and alternates shall be appointed
by the city council and shall hold office for three year terms on a staggered
basis. The board shall hold regular meetings, and the city manager shall
designate a secretary to the board and a board office. All board decisions
shall require three affirmative votes. The hoard shall adopt rules to deter-
mine the circumstances in which alternates may participate in board determi-
nations. The hoard shall also adopt any other necessary rules for the conduct
of its meetings and proceedings. Copies of rules promulgated pursuant to
this ordinance, or final decisions of the board shall be delivered to the
city manager, who shall make them accessible to the public.
The position of hearing officer is created as an adjunct to the Fair
Rent Board. The hearing officer shall have the power to conduct adjudica-
tions, issue proposed orders, and otherwise assist the board in Its functions.
Each member of the board shall serve as the hearing officer for two calendar
months of each year. No board member serving as the hearing officer shall
be replaced by the city council during the period of hi.s or her service.
VI. .JURISDICTION
The jurisdiction of the Fair Rent Board extends to all residential
rental agreements entered into for dwelling units in the city, except for:
rental agreements for residential living arrangements which are excluded
from coverage of the Uniform Residential Landlord and Tenant Act, Iowa Code
562A.1 et. scq. (1983).
In the exercise of its jurisdiction, the Fair Pent Board shall estab-
lish by rule the maximum allowable rents for residential dwelling units and
establish by adjudication the maximum allowable rents for residential
dwelling units which qualify for a review. In aid of its jurisdiction, the
board may issue orders to compel persons to appear before board proceedings
and /or deliver documents to the board. The board may promulgate by rule
appropriate administrative sanctions, and may enforce those sanctions for
failure to obey lawful orders.
VII. TEMPORARY MEASURES
Rents are frozen at the level in effect on the effective date of this
ordinance, and this freeze shall continue for no more than one year. During
this period, no new rental agreements shall be entered into which contain
rent levels higher than,the frozen level.
Within ninety days of the effective date of this ordinance, the board
shall by rule promulgate the initial fair rental value based on the rents
as frozen and shall include in that rule an order that all rental agreements
entered into after the date of promulgation shall contain the initial fair
rental value as the maximum allowable rent.
VIII. LANDLORD CERT1 LCATION
1) Within thirty days of the effective date of this ordinance, the
fair rent board shall formulate and issue a rent certification form. This
form shall include, at minimum, requests for the following information:
a) adress of the dwelling unit;
b) the name, address and signature of the landlord;
c) the name and signature of the then- current tenant;
d) the number of bedrooms in the dwelling unit;
e) whether the dwelling unit has its own kitchen facilities;
f) whether the dwelling unit has its own bathroom facilities;
g) whether the dwelling unit is furnished by the landlord, and if so,
the type and age of the furnishings;
h) whether the dwelling unit has off - street parking provided by the
landlord;
i) whether any utilities are provided by the landlord, and if so,
which utilities are provided;
j) the monthly rent on the effective date of this ordinance;
k) the information on operating costs listed under Section IX,
part 2.), a.);
1) Assessed value (most recent).
The form shall also include appropriate spaces to show receipt and certifica-
tion by the board.
Within ninety days of the effective date of this ordinance, each landlord
shall complete and submit to the board a form for each unit, building, or
complex, as appropriate. The board shall date and certify the completed
forms, and shall cross -index and file the forms.
2) If a tenant refuses to sign a form, the board may, upon petition of
the landlord, issue an order compelling the tenant to sign; or in the
alternative may certify the form after the landlord satisfactorily documents
the information on the form.
If a landlord fails to complete the form in a timely manner, the board
shall, upon petition of an affected tenant or prospective tenant determine
the characteristics of the dwelling unit according to the relevant factors
from paragraph one of this section. The board shall then examine completed
forms on file and compile a list of the reported monthly rents for dwelling
units with similar charact ri:;tic.;. The board shrill then assign a monthly
rent to the dwelling unit which shall be no higher than that figure which
represents Lite twenty -fifth percentile on the comparatLve list.
3) If a dwelling unit is vacant on the effective date of this ordi-
nance, the landlord shall note that fact on the form. The board shall
certify the form for vacant dwelling units only after the landlord satis-
factorily documents the monthly rent for the last period immediately
proceeding the vacancy.
IX. ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS
1) Within twelve months after the enactment of this ordinance the
board shall determine, pursuant to the calculations outlined below, the
maximum allowable rent for each rental dwelling unit in Iowa City. This
rent limit shall prevail until the board may act to make changes in the
percentage allowed under "reasonable rate of return" or other factors in
the calculation. If for the reason that a landlord, at a date subsequent to
the initial submission of required certification, experiences increases in
any of the included expenses, or for any other reason, such landlord may
petition for review and adjustment as specified in Section X.
2) The determination of the maximum allowable rent which may be charged
shall be based on a calculation which includes a reasonable rate of return to
the landlord based on owner's equity.
a) Expenses borne by owner:
(1) Operating costs: $ _
Maintenance and Repairs
Utilities paid by owner
Management and Professional Fees
Insurance
supplies
Excluded are depreciation
and capital improvements
made after the effective
date of this ordinance.
(2) Local Property Taxes
(3) Finance Costs (see paragraphs
4 and S)
Interest on Mortgage Loans
Refinancing Costs (see par. 4)
Total: $
Total:
TOTAL EXPENSES (T)
b) Calculation of Equity (2 methods)
(1) Assessed Value - Outstanding Debt
6a lance = $ (e(Juity)
AND:
(2) Gross Rental Income
Less total expenses from above,
Item (T)
Net Income:
Market Value = Net Income Capitali-
zation rate = (M.V.)
Market Value - Outstanding debt
balance = (equity)
c) The board shall use the higher of the two equity
calculations to determine the "reasonable rate of return on
equity" as follows:
Equity x rate of return = Reasonable Return on Equity (R)
ADD: Total expenses (from above) item (T)
Reasonable return on equity from (R) +
Maximum Rental Income $
Divide by .97 for 3% vacancy to establish
maximum base for rental calculation $
3) The maximum allowable interest rate on an owner's first mortgage
loan shall be three per cent above current available interest rates. The
intent of this is to create an incentive to property owners to refinance
their loans to (reflect) current interest rates.
4) If a landlord adds capital imporovements to a previously certified
dwelling unit, the board shall allow an increase in rent to reflect the
interest and amortization in cases in which such improvements are financed
by improvement loans. For the purposes of this ordinance, the board shall
set the amortization period for improvement loans from 5 to 10 years based
upon expected useful life of the capitol improvement. If the improvements
are paid by the owner's investment without loans, the ommer's equity shall
be increased appropriately as determined by the board and the maximum
allowable rent increased pursuant to this section.
In the case of the creation of a new dwelling unit, the board's
determination of maximumallowable rent shall be based on the calculations
outlined above in this section.
5) in cases in which multiple dwelling units are In the same building
or complex, the board shall provide forms for certifications from the owners
and shall process its analyses to reflect the multiple unit aspects.
X. REVIEW AND ADJUSTMENT
1) A landlord contemplating a rent increase above the maximum
allowable rent shall petition the board and request a review. A review
petition shall. be delivered to the board at least one hundred days before
the date of tilt- proposed rent increase. Upon receipt of a review petition,
the board shall adjudicate the matter and shall grant an adjustment if the
landlord demonstrates by a preponderance of evidence that the current maxi-
mum allowable rent does not allow the landlord a reasonable return for the
dwelling unit pursuant to the methodology of Section IX. In this event,
the board shall calculate the reasonable rate of return for the dwelling
unit, determine the rents necessary to assure that return, and certify that
figure as the maximum allowable rent for that dwelling unit.
XI. RULEMAKINC
1) All rulemaking shall be conducted in the following ma -ner:
a) the board shall publish notice of its intention to issue a
rule in the Iowa City Press- Citizen. This notice shall include at least the
following information:
I. a general description of the proposed rule; and
ii, an announcement of the time, date, and location of a public
meeting to gather comments on the proposed rule. This meeting shall be held
no sooner than fourteen days after publication of the notice.
b) After publication of the notice but before conclusion of the public
meeting, the board shall accept all written comments, information, or data
proffered by any interested person. This material shall be compiled by the
board and shall become part of the record of the rulemaking.
c) The public meeting shall be recorded, and all comments shall be
transcribed as soon as practicable after the conclusion of the meeting. This
transcription, together with any written materials timely received, shall
constitute the record of the rulemaking. This record shalt be closed at the
end of the meeting,.
d) Board membrra and alternates shall nut initiate any ex rte rte
contacts during a rulemaking. If an ex parte contact occurs, the member or
alternate contacted shall memorialize the substance of tite contact, together
with the date, finto, circumstances, and the names of persons involved in the
ontact. Thiq memo_..alizatioa shall be attached to the record and shall be
available fur public inspection with the record, tut shall not become a part
of the record.
e) No later than sixty days after the public meeting, the board
shall issue a final rule. The factual conclusions upon which the rule is
based shall have substantial support in the record, viewed as a whole, with
full attention to public comments in general and the comments of landlords
and tenants in particular.
2) At lease once each calendar year, the board shall issue by rule a
new fair rental value. This value shall in all cases be a percentage increase
of the rent levels certified pursuant to section VIII of this ordinance.
3) The board may, from time to time, issue other rules to further the
purposes of this ordinance. These rules may include, but are not limited to,
definitions delineating differences between capital improvements and ordinary
repair and maintainence, or definitions of fraudulent conveyances for purposes
of this ordinance. The board may also issue rules changing the definition of
"reasonable rate of return" in section IX of this ordinance; provided that no
such change shall occur within two years of the effective date of this ordinance.
If, any time after two years of the effective date of this ordinance, the
general rate of inflation has eroded the factors used to define "reasonable
rate of return" in section IX of this ordinance to the point where this
ordinance becomes confiscatory, the board shall by rule change section IX to
avoid that result.
4) All rules issued by the board shall have only prospective effect, and
shall not interfere with then - existing rental agreements.
XIS. ADJUDICATIONS
1) Adjudications shall be commenced by the delivery of a signed and
dated petition to an office designated by the city manager. Petitions shall
be on a form provided by the fair rent board. Petitions must contain the
name and address of each person who is a party to the rental agreement, and
must state the relief requested.
2) When a petition is received, it shall be dated, and copies of the
dated petition shall be sent by regular mail to all persons named on the
petition. The original petition shall be delivered to the hearing officer,
who shall examine the petition and determine within forty -eight hours whether
the board has jurisdiction over the subject matter of the petition. The
hearing officer shall note his or her determination of jurisdiction on the
face of the petition and forward copies of the petition to each member and
alLcntate of Lhe board.
a) If the hearing officer determines that the board does not have
jurisdiction, a copy of this determination shall be sent by regular mail to
all persons named on the petition.
b) If the hearing officer determines that the board has jurisdic-
tion, the hearing officer shall send notice by regular mail to the petitioner
and all persons named on the petition of the time, date, and location of a
hearing on the petition, which shall be held between fourteen and thirty days
after the date of the petition. This notice shall also include a statement of
the nature of the hearing, the legal authority and jurisdiction under which
the hearing is to be held, a reference to the particular rules or suctions of
this ordinance involved, and a short and plain statement of the relief sought.
3) At the hearing, opportunity shall be afforded to all persons named
on the petition to respond and to present evidence and argument on all issues
involved, and to be represented by councel at their own expense. The
hearing shall be recorded, and this recording, the petition, any written
material proffered by a person at the hearing, a statement of all matters
officially noted, the decision of the hearing officer, and the final
decision of the board shall constitute the complete record of the adjudication,
subject to provisions of paragraph six of this section. This record, including
any tape recordings, shall be maintained by the board for at least five years.
Not later than fourteen days after the hearing, the hearing officer shall
issue a written decision, based solely on the record. This decision shall
consist of findings of fact and conclusions of law, which shall be stated
separately. Copies of this decision, together with notice of all rights of
appeal, shall be sent by regular mail to all persons nam ed on the petition.
Copies shall also be delivered to the members and alternates of the board.
4) All decisions and determinations of the hearing officer shall become
final decisions and determinations of the board fourteen days after issuance
unless
a) a person named on the petition files a notice of appeal with the
board before the expiration of Lite fourteen days, and in a timely fashion
notifies by regular mail other persons named on the petition of the appeal, or
b) the board, on its own motion, decides to review the decision, and
in a timely fashion notifies by regular mail all persons named on the petition
of its decision.
S) A person appealing a decision of the hearing officer after a hearing
ahall pay any costs of transcribing the recording of the hearing. If the board
on its own motion decides to review a decision of the hearing officer after
a hearing, the city shall pay any costs of transcription.
6) In the event of an appeal or a review of a decision, the board shall
in a timely fashion notify by regular mail all persons named on the petition of
the time, date, and location of any additional proceedings the board may
choose to conduct. These proceedings, which shall be no sooner than five days
nor later than fourteen days after the date of the appeal or decision to review
a decision, may be limited to a review of the record, or may be a reconsidera-
tion hearing where new testimony and evidence may be taken. In this event,
the board shall conduct its reconsideration hearing in the manner specified in
paragraph three of this section, and shall reopen the record to receive any
additional evidence proffered at the reconsideration hearing. The board shall
close the record at the conclusion of the reconsideration hearing. The board
shall issue a final decision within ten days of a reconsideration hearing or
record review. The final decision shall affirm, modify, or reverse the
decision of the hearing officer, and shall become a part of the record.
7) Board members, alternates, ant the hearing officer shall not initiate
any ex parte contacts during an adjudication. 'If an ex parte contact occurs,
the hearing officer, board member, or alternate contacted shall memorialize
the substance of the contact, together with the date, time, circumstances, and
names of persons involved in the contact. This memorialization shall be
attached to the record and shall be available for public inspection with the
record, but shall.not become a part of the record.
8) Final board decisions may be appealed within thirty days to a court of
competent jurisdiction.
9) For purposes of this section, the "hearing officer" is not a member of
the board.
ME BOARD CERTIFICATIONS
1) All orders, decisions, rules, and certifications of the fair rent
board shall be issued on a form bearing the signature of the hearing officer,
or of a board member designated to sign such documents, together with a notation
of that person's official capacity.
2) The board may request the assistance of the city attorney in enforcing
its orders, decisions, rules, and certifications, and the city attorney may
petition a court of competent .jurisdiction seeking enforcement of board
orders, decisions, rules, and certifications.
XI V. ENFORCEMENT
Fair rent values promulgated pursuant to this ordinance shall be considered
terms of respective rental agreements. Tenants and landlords may individually
enforce rental agreements through remedies contained in the Iowa Uniform
Residential Landlord and Tenant Act, Iowa Code Ch. 562A.1 et. se q. (1983).
XV
dFYF. SEVERABILITY
If any section, provision, or part of this ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication will not affect the validity
of the ordinance as a whole, or any section, provision, or part not adjudged
invalid or unconstitutional.
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This ordinance shall be known as "The Nuclear Weapons Free Iowa City
Ordinance."
71 ....
The purpose of this ordinance is to establish Iowa City as a nuclear weapons
free zone in which work on nuclear weapons is prohibited.
The people of Iowa City find that the presence of nuclear weapons facilities
within Iowa City is in direct conflict with the maintenance of the eommunityfs
public health, safety, morals, economic well - being, and general welfare.
No person shall knowlingly engage in work, within Iowa City, the purpose of
which is the development, production, deployment, launching, maintenance or
storage of nuclear weapons or components of nuclear weapons.
Section 4. Definitions
°Person" means a natural person, as well as a corporation, institution or
other entity.
"Nuclear Weapon" is any device, the purpose of which is use as a weapon, a
weapon prototype or a weapon test device, the intended detonation of which
results from the energy released by fission and /or fussion reactions involving
atomic nuclei. For the purposes of this Ordinance, "nuclear weapon" includes
the weapon's guidance, transportation, propulsion, triggering, and detonation
systems.
"Component of a nuclear weapon" is any device, radioactive or
non - radioactive, designed to be installed in and contribute to the operation of a
nuclear weapon.
THE NUCLEAR WEAPONS FREE IOWA CITY ORDINANCE -- 2
Upon adoption of this ordinance, the City Council of Iowa City shall
officially notify Iowa City's Congressional Representatives and Senators, the
President of the United States and the recognized leaders of the Soviet Union,
Great Britain, France, the People's Republic of China, India and any further
nuclear weapons states of the contents of this initiative.
In addition, the City Council of Iowa City shall instruct the appropriate
city officials to post signs on mayor entrances to Iowa City stating "Nuclear
Weapons Free Zone" in a manner that conforms with standards set forth in the
Federal Highway Administration's Manual on Uniform Traffic Control Devices for
States and Hi hg ways.
.n:,
Each violation of this Ordinance shall be punishable by up to 30 days
imprisonment and a $500 fine. Each day of violation shall be deemed a separate
violation.
Residents of Iowa City shall also have the right to enforce this Ordinance
by appropriate private civil actions for declaratory or injunctive relief.
Reasonable attorney fees shall be awarded to a prevailing plaintiff in such
litigation.
Section 7. Severability Clause
If any section, sub - section, paragraph, sentence or word of this Act
shall be held to be invalid, either on its face or as applied, the
invalidity of such provision shall not affect the other seotions,
sub - sections, paragraphs, sentences or words of this ordinance, and the
applications thereof; and to that end the sections, sub - sections,
paragraphs, sentences and words of this Ordinance shall be deemed to be
servable.
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19 1 on . ,
RESOLUTION AMENDING THE COMPREHENSIVE PLAN UPDATE BY CHANGING THE LAND USE
CLASSIFICATION OF A 28 ACRE TRACT OF LAND ALONG HIGHWAY I WEST, NORTH AND
WEST OF THE IOWA CITY MUNICIPAL AIRPORT FROM INDUSTRIAL TO GENERAL
COMMERCIAL.
WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, in order to be an effective guide for a vital community, the Plan is flexible
and amendable within the context of set goals and objectives described in the Plan;
and
WHEREAS, the industrial land use designation for the tract of land under consideration
was based on a desire to provide industrial development opportunities at a time when
such development was constrained in other parts of the City; and
WHEREAS, those constraints are being eliminated in other areas of industrial land use
designation; and
WHEREAS, the market has not supported industrial development of this site; and
WHEREAS, the Planning and Zoning Commission has reviewed the Comprehensive Plan and
has found that commercial use of the site is deemed to be in the best interest of the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The land use designation of a 281 acre parcel of land along Highway I West, north
and west of the Iowa City Airport be reclassified from industrial to general
commercial.
It was moved by Ambrisco and seconded by Balmer the Resolution be
adopted, and upon ro 1 call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 16th day of May , 1989.
YOR
*e9a e as to Form
ATTEST: A04,; .J 2. 7(e.
CITY Depart ment
4l- a 7 -Ff
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■
AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS
STATE OF IOWA )
COUNTY OF JOHNSON )
The undersigned petitioner(s) hereby proposals) to commence initiative or referendum
proceedings pursuant to Article VII of the Charter of Iowa City.
1. Each of the undersigned Is a voter who is registered to vote In Iowa City.
2. The undersigned will supervise the circulation of the initiative or referendum
petition and will be responsible for filing it in proper form with the City Clerk of Iowa City.
3. The name(s), address(es), and phone numbers) of the petitioner(s) is (are) as
follows (print or type)
John,R.Rummelhart Jr.
232 S. Summit- Apt. B4
Iowa City, IA 52240
(319)351 -1128
4. All relevant notices relating to the initiative or referendum proposal shall be
addressed as follows:
Barker Cruise Kennedy S Houghton (Name of recipient)
P.O. Box 2000 Street Address or Post Office Box
Iowa City, IA 52244 City, State, Zip Code
5. The ordinance proposed or sought to be reconsidered is attached hereto as an
exhibit and by this referendum made a part hereof.
Witness my (our) hand(s) this 5 December 1894
day of —j
JqH R, RMIELIURT, JR.
Subscribed and sworn to before me, a Notary Public, on this 5th day of
December, 1994 , by John R, Rummelhait, Jraack , to known
to be the person(s) who executed the foregoing Affidavit, and who (or each of whom)
acknowledged that he /she executed the same as his/her voluntary act and deed.
jig
OZ 't Nd 9- 330 46
?Noublic JOHN D.10RUISE W mission expires , _
RESOLUTION NO. 0A_,)7-)
RESOLUTION AUTHORIZING THE ACQUISITION OF A WATER TREATMENT
FACILITY SITE, ACQUISITION OF THE IOWA RIVER POWER DAM, ACQUISI-
TION OF WELL SITES, ACQUISITION OF WELL PROTECTION EASEMENTS
AND ACQUISITION OF WATER MAIN, SANITARY SEWER AND OTHER
NECESSARY EASEMENTS, ALL IN CONJUNCTION WITH THE PROPOSED
IMPROVEMENTS TO THE CITY'S WATER TREATMENT FACILITIES PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to improve its water treatment and
water collection facilities, hereafter collectively referred to as the "Water Treatment Facilities"
or the "Water Treatment Facility;" and
WHEREAS, the City Council has determined that construction of the Water Treatment Facility
is a valid public purpose under state and federal law, and has further determined that
acquisition of certain property rights is necessary to construct, operate, and maintain the
proposed Water Treatment Facility in order to protect the City's various raw water sources;
and
WHEREAS, the City's consultant, Howard R. Green Company, has determined the location of `a
the proposed Water Treatment Facilities, including multiple and compatible shared uses of
lands acquired for the primary functions of protecting the City's water treatment and wasgr
sources; and
WHEREAS, City staff have also recommended that multiple shared uses of lands acquired for
the Water Treatment Facilities should be permitted, where those uses are compatible with the
primary function of water treatment and protection, e.g., recreational trails; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1 . The City Council finds it is in the public interest to acquire property rights by warranty
deed, quit claim deed and /or easement for the construction of the Water Treatment
Facility, which Facility constitutes a public improvement under Iowa law. The City
Council further finds that acquisition of. said property rights is necessary to carry out
the functions of the Water Treatment Facility4 and that such Water Treatment Facility
constitutes a valid public purpose under state and federal law.
2. The City Council further finds it is in the public interest to combine shared uses of
public property which can serve cross- functions where those shared uses are
compatible, one with another. Specifically, the City Council finds that multiple shared
uses of lands acquired for the Water Treatment Facilities should be permitted, where
those uses are compatible with the primary function of water treatme;Ti and�;yater
protection. e.q., recreational trails. This Council further finds that mu e,
Rare-#a
uses of lands herein acquired demonstrates fiscal responsibility and good-.&t�,wardshiv,
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of public lands, and will promote and protect the safety, health and welfare of the
citizenry of Iowa City.
3. The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit claim deed and /or easement for the
construction, operation and maintenance of the Water Treatment Facilities, including
any property rights associated with multiple shared rises where the shaneSL.usesare
compatible with the primary use as a Water Treatment Facility, e.g., recreational trails.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized
to purchase property rights by warranty deed, quit claim deed and /or easement
agreements for recordation in the Johnson County Recorder's Office at the City's
expense. The City Attorney is hereby directed to take all necessary action to complete
said transactions, as required by law.
5. In the event the necessary property rights for the Water-Treatment Facility cannot be
acquired by negotiation, the City Attorney is hereby authorized and directed to initiate
condemnation proceedings for acquisition of any and all property rights necessary to
fulfill the functions of the . Water Treatment Facility, including property rights
associated with multiple shared uses which are compatible with the primary functions
of the Water Treatment Facilities, all as provided by law. .4-
Passed and approved this end day of 1994.
Gam_
MAYOR
Approved by
ATTEST: / /7/ .�J `���^/ `-' `"„G" �O`v� ✓.x �'
CITY'CLERK City Attorney's Office
It was moved by Nnvir1 and seconded by _ the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ASSENT:
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Kubby a
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Page 2 of Resolution No. 94 -272
. ` 272
PROPOSED RESOLUTION
We, the signers of this Petition, believe that the pro-
jected costs of the 1994 Water Treatment Facility are too
high and that the acquisition of approximately 230 acres for
the site of the water treatment plant is excessive, result-
ing in unnecessary expense to Iowa Citians.
THEREFORE, BE IT HEREBY RESOLVED that Resolution No.
94 -272 of the City Council of Iowa City, dated August 2,
1994, and attached hereto, which authorized the City to ac-
quire property rights at the 230 acre site on North Dubuque
Street for the purpose of a Water Treatment Facility and
other "multiple shared uses" is hereby repealed.
BE IT FURTHER RESOLVED that we agree with the goal of
improving water treatment in the City of Iowa City but only
if such improvement is done at a significantly lower cost
than that associated with Resolution No. 94 -272. Permission
is hereby granted to the Council to enact an alternative
Resolution for the purpose of the Water Treatment project
without regard to the two year limitation set forth in
Section 7.01(B)(3) of the Charter of the City of Iowa City.
o:64a2121.doc
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PROPOSED INITIATIVE RESOLUTION
We, the signers of this Petition, are all qualified electors of the City of Iowa
City and we believe that the projected costs of the 1994 Water Treatment project
are too high.
We, the signers of this Petition have read Resolution No. 94 -272, attached
hereto and incorporated herein by reference, which authorizes the City of Iowa
City to acquire property for the water treatment project and we believe that the ac-
quisition of 230 acres for the site of the water plant is excessive, resulting in un-
necessary expense to the citizens of Iowa City.
We, the signers of this Petition,
feasibility study and site plan be preps
ity could be built at lower cost and if a
found. Moreover we wish to delay ar
ect at the presenf site (on North Dubu
results of the proposed alternative fea
the public.
to propose that an alternative
)rmine if the water treatment facil-
d less expensive site could be
Ition on the water treatment proj-
north of Interstate 80) until the
iy and site plan are presented to
THEREFORE BE IT NOW RESOLVED, that the execution of Resolution
No. 94 -272 be, and the same hereby is, suspended until an alternative feasibility
study and site plan, involving less costly sites, is prepared and presented to the
public. Such suspension is not to exceed one year; and
BE IT FURTHER RESOLVED that Resolution No. 94 -272, insofar as it se-
lects a particular site and determines the need for "Water Treatment Facilities ",
should be amended to state that the site and facilities should be selected and
constructed at the lowest possible cost to the taxpayers and water users in the
City of Iowa City, and, if necessary, without "multiple shared uses ".
Permission is herebyy ggranted to the Council to enact an alternative Resolu-
tion for the purpose of the-Water Treatment Project without regard to the two year
limitation set forth in Section 7.01(BQ) of the Charter of the City of Iowa City,
provided that such alternative Resolution is enacted with the aim to reduce costs
of the water treatment project of 1994 and that the above suspension is observed.
m:97A168.mem
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF A WATER TREATMENTt
FACILITY SITE, ACQUISITION OF THE IOWA RIVER POWER DAM, AGaUISIf__
TION OF WELL SITES, ACQUISITION OF WELL PROTECTION EASEIO@TE `
AND ACQUISITION OF WATER MAIN, SANITARY SEWER AND 4f, EXa
NECESSARY EASEMENTS, ALL IN CONJUNCTION WITH THE PROPOSED
IMPROVEMENTS TO THE CITY'S WATER TREATMENT FACILITIES PROyPCT° _ `>
WHEREAS, the City of Iowa City has undertaken a project to improve its water eatn t and
water collection facilities, hereafter collectively referred to as the "Water Treatment Facilities"
or the "Water Treatment Facility;" and
WHEREAS, the City Council has determined that construction of the Water Treatment Facility
is a valid public purpose under state and federal law, and has further determined that
acquisition of certain property rights is necessary to construct, operate, and maintain the
proposed Water Treatment Facility in order to protect the City`s various raw water sources;
and
WHEREAS, the City's consultant, Howard R. Green Company, has determined the location of
the proposed Water Treatment Facilities, including multiple and compatible shared uses of
lands acquired for the primary functions of protecting the City's water treatment and we-W
sources; and
WHEREAS, City staff have also recommended that multiple shared uses of lands acquired for
the Water Treatment Facilities should be permitted, where those uses are compatible with the
primary function of water treatment and protection, e.g., recreational trails; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1 . The City Council finds it is in the public interest to acquire property rights by warranty
deed, quit claim deed and /or easement for the construction of the Water Treatment
Facility, which Facility constitutes a public improvement under Iowa law. The City
Council further finds that acquisition of. said property rights is necessary to carry out
the functions of the Water Treatment Facility and that such Water Treatment Facility
constitutes a valid public purpose under state and federal law.
2. The City Council further finds it is in the public interest to combine shared uses of
public property which can serve cross - functions where those shared uses are
compatible, one with another. Specifically, the City Council finds that multiple shared
uses of lands acquired for the Water Treatment Facilities should be permitted, where
those uses are compatible with the orimary function of water treatment and water
protection. e.q., recreational trails. This Council further finds that multiple, shared
uses of lands herein acquired demonstrates fiscal responsibility and good stewardship
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of public lands, and will promote and protect the safety, health and welfare of the
citizenry of Iowa City.
3. The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit claim deed and /or easement for the
construction, operation and maintenance of the Water Treatment Facilities, including
any property.riohts associated with multiple shared uses where the share5lstses_ are
compatible with the primary use as a Water Treatment Facility, e.g., recreational trails.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized
to purchase property rights by warranty deed, quit claim deed and/or easement
agreements for recordation in the Johnson County Recorder's Office at the City's
expense. The City Attorney is hereby directed to take all necessary action to complete
said transactions, as required by law.
5. In the event the necessary property rights for the Water-Treatment Facility cannot be
acquired by negotiation, the City Attorney is hereby authorized and directed to initiate
condemnation proceedings for acquisition of any and all property rights necessary to
fulfill the functions of the Water Treatment Facility, including property rights
associated with multiple shared uses which are compatible with the primary functions
of the Water Treatment Facilities, all as provided by law.
Passed and. approved this ?„i
day of 1994•
ATTEST: //4zo�
CITY CLERK
C�
M AYOR �-
db
Approve y
Caty Attorney's Office �� /yam �
and seconded by the Resolution be
It was moved by vim., ; k °°
adopted, and upon roll call there were:
p,*r*waarla<.roa
AYES: NAYS: ABSENT:
Baker
-y Horowitz
�— Kubby
�-- Lehman .
Y
Novick
% Pigott
R® Throgmorton
Page! 2 of Resolution No. 94 -272
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Citizen Initiative to Preserve Hickory Hill
RESOLUTION PROHIBITING THE EXTENSION OF FIRST AVENUE
ALONG HICKORY HILL PARK UNTIL YEAR 2000.
WHEREAS, the extension of First Avenue along the eastern boundary of
Hickory Hill Park would significantly affect the ecosystem of the park and
the experiences of park visitors; and
WHEREAS, the First Avenue extension would make it much more
expensive for taxpayers to maintain the current size of Hickory Hill Park
should parkland be converted to cemetery; and
WHEREAS, the First Avenue extension would change a residential street
into a busy traffic artery, unsafe for residents with driveways backing out
onto First Avenue and a serious hazard to children attending the four
schools on First Avenue; and
WHEREAS, the Council avoided public discussion of the First Avenue
extension by abruptly changing the City s seven -year Capital
Improvements Program, rushing to complete the extension in the spring
and summer of 1998, even though the Council's 1994, 1995, and 1996 seven -
year Programs said the project would not be considered until the year 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE ELECTORATE OF IOWA
CITY, IOWA, THAT.
1. The extension of First Avenue along Hickory Hill Park be
prohibited in fiscal years 1997 through 1999.
2. The 1997 Capital Improvements Program adopted by the Council
without public discussion be amended so that the First Avenue
extension is removed from fiscal years 1997 and 1998 and is
instead listed in the Program for fiscal year 2002, as it was in the
Council's previous Programs.
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Citizen Initiative to Halt First Avenue
RESOLUTION DELETING THE EXTENSION OF FIRST AVENUE
O 7,
WHEREAS, the extension of First Avenue from its current terminus to Captain IrishAi vay ,>;
would result in a considerable increase in the number of cars using this road; and N'
WHEREAS, significant portions of the existing sections of First Avenue do not meet an-"-t e
American Society of State Highway Standards for an arterial street, and their reconstrue,' r,
necessary to handle increased volume, would impose additional costs on taxpayers, as was
cause further degradation of the residential neighborhoods abutting this street; and v
WHEREAS, busy arterial traffic along First Avenue would pose a serious hazard to children
attending Regina Education Center, City High, Hoover Elementary, and Southeast Junior High,
which taken together account for 40% of all children attending schools in Iowa City; and
WHEREAS, the construction of the extension along Hickory Hill Park would have a negative
impact on the park's ecosystem -and the experiences of its visitors; and
WHEREAS, the extension of Scott Boulevard alone would achieve the desired improvement in
overall traffic patterns, while the extension of First Avenue would create many new problems;
and
WHEREAS, in a 1997 initiative a majority of Iowa City voters showed their strong opposition to
the project; and
WHEREAS, a large majority of participants in the Northeast District Citizen Planning
Workshops, as well as numerous other Iowa City residents, have continued to express their
opposition to the First Avenue Extension to the Council; and
WHEREAS, the City Council nonetheless voted to go forward with said plan, with property
acquisition to commence shortly and grading to begin in July of 2001; and
WHEREAS, the City Attorney has ruled that adoption of a resolution by the City Council
commencing the First Avenue extension grading project on May 2nd, 2000, would constitute
execution of the First Avenue extension plan and would cut off the right of a citizen initiative to
delay the project.
NOW, THEREFORE, BE IT RESOLVED BY THE ELECTORATE OF IOWA CITY, IOWA,
THAT:
The grading and paving for the First Avenue Extension shall be deleted from the Iowa
City Capital Improvements Program.
m
FII_`=D
AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM F gOff9INCA' 2: 02
STATE OF IOWA
COUNTY OF JOHNSON
10li-,,rA
The undersigned petitioner(s) hereby propose(s) to commence Initiative or referendum
proceedings pursuant to Article VII of the Charter of Iowa City.
1. Each of the undersigned Is a voter who is registered to vote in Iowa City.
2. The undersigned will supervise the circulation of the initiative or referendum
petition and will be responsible for filing it In proper form with the City Clerk of Iowa City.
3. The name(s), address(es), and phone number(s) of the petitioner(s) Is (are) as
C5/1)
lip,
4. All relevant notices relating to the Initiative or referendum proposal shall be
addressed as follows:
U, (Name of recipient)
Street Address or Post Office Box
je&,IA i 010. fi l'fS�— City, State, Zip Code
5. The ordinance proposed or sought to be reconsidered Is attached hereto as an
exhibit and by this referendum made a part hereof.
Witness my (our) and s) this �_ day of iS
Subscribed and sworn to before me, a Notary Public, on this —L z! clay of c�!
a0-OrJ , by /,&W /,� 1111 it and to mkknd(vn
to be the person(s) wh executed ecuted the foregoing Affidavit, and who (or each of whom)
acknowledged that he /she executed the same as his/her voluntary act and deed.
/%Al l2 ) `%tom . AAA /
Not ry Public
My Commission expires `% a 3 '4t�z�e
Draft for a Possible Petition
That the City of Iowa City refrain from the sharpshooting of deer, and adopt exclusively
nonlethal methods of deer - management in the years 2000 -2002.
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AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS
STATE OF IOWA
COUNTY OF JOHNSON
The undersigned petitioner(s) hereby propose(s) to commence initiative or referendum
proceedings pursuant to Article VII of the Charter of Iowa City.
1.
2.
3.
4.
5.
Each of the undersigned is a voter who is registered to vote in Iowa City.
The undersigned will supervise the circulation of the initiative or referendum
petition and will be responsible for filing it in proper form with the City Clerk of
Iowa City.
The name(s), address(es), and phone number(s) of the petitioner(s) is (are) as
follows (print or type):
1o1�\VeJ Ln (�e.�c�C2J�r
b 3 S • !/ti 2 2�
eWa C� 2 O
3s(- f't;rq
COS S. E .,Ia,.®,we X310
ow &r H
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3ss� vc y
All relevant notices relating to the initiative or referendum propose, ll bi:
}: a
addressed as follows:
D �
01w C
Do fo
22 D
(Name of recipient)
Street Address or Post Office Box
City, State, Zip Code
The ordinance proposed or sought to be reconsidered is attached hereto as an
exhibit and by this referendum made a part hereof.
Witness my (o hands) this 154� day of n aA � 20 °L
Subscribed and sworn to before me, a Notary Public, on this �/ day of
�/2wx nJ ,byeiue.r Ae- IgLr and 70au.4 -RtcrnP7t4 ,tome known
to be the person(s) who executed the foregoing Affidavit, and who (or each of whom)
acknowledged that he /she executed the same as his/her voluntary act and deed.
Notary Public
My commission expires 1 , 19 1�3
EVIDENCE
3 �
RESTRICTING THE SALE OF BREWED COFFEE TO ORGANIC, FAIR- TRADt, `
OR SHADE -GROWN CERTIFIED COFFEE Ci h` `_L!
The people of the City of Iowa City do ordain as follows: 0) VVA
WHEREAS coffee growers often use synthetic chemical pesticides and fertilizers; and
WHEREAS, coffee growers often cut down trees; and
WHEREAS the growing of coffee in the manner described above produces an adverse
effect upon the environment which is injurious to the health, safety, comfort,
convenience, welfare and happiness of the residents of the City of Iowa City; and
WHEREAS, the sale of the hereinafter enumerated beverages would reduce the adverse
effect mentioned above and benefit the citizens of Iowa City and others outside the City
of Iowa City; and
WHEREAS, the sale of the hereinafter enumerated beverages would encourage others to
sell the same; and
WHEREAS the passage of a City of Iowa City ordinance restricting the sale of brewed
coffee to the hereinafter enumerated beverages would encourage others to do the same;
and
WHEREAS the regulation of the sale of brewed coffee within the City of Iowa City is a
municipal affair and in the public interest.
NOW, THEREFORE, Be it Ordained as follows
Section 1. DEFINITIONS.
For the purposes of this ordinance, the following terms shall be defined as follows:
a. "Brewed Coffee Beverage" shall mean all beverages brewed from coffee beans,
including but not limited to cafe an lait, cafe espresso, cafe latte, cappuccino, and
espresso beverages. "Brewed Coffee Beverage" shall not include dry coffee beans, either
as whole beans or in ground form.
b. "Business Vendor" shall mean any person, firm, individual, corporation, partnership,
association, joint venture, vendor, or any combination thereof, selling or offering for sale
brewed coffee beverages.
c. "City" shall mean all that territory within the corporate limits of the City of Iowa City.
d. "Sale" shall mean a commercial transaction by any person, firm, individual,
corporation, partnership, or vendor, in which transaction beverages are sold directly to
the public for a monetary consideration.
e. "Fair- Trade" shall mean Fair -Trade Certified coffee as defined by TransFair USA,
1611 Telegraph Ave. Suite 900, Oakland, CA 94612.
f. "Organic " shall mean organic as defined by the final rule establishing the National
Organic Program under the direction of the Agricultural Marketing Service, an arm of the
United States Department of Agriculture (USDA), located at 7 CFR Part 205, issued
pursuant to the Organic Food Production Act of 1990, as amended 7 U.S.C. 6501 et seq.
g. "Shade- Grown" shall mean coffee that carries either the "Bird Friendly(r)" seal of
approval developed by the Smithsonian Migratory Bird Center, National Zoological Park
Washington, DC 20008, or the "ECO- O.K.(r)" mark developed by The Conservation
Action Network of Rainforest Alliance, 65 Bleecker Street, New York, NY 10012.
Section 2. THE SALE OF BREWED COFFEE IS RESTRICTED TO ORGANIC, FAIR -
TRADE, OR SHADE -GROWN CERTIFIED COFFEE.
a. Every brewed coffee beverage sold or offered for sale by any business vendor in the
City of Iowa City shall be brewed solely from coffee beans that are either certified:
O
(1) Organic, or c }�
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(2) Fair - Trade, or �.
° 71
(3) Shade Grown, or
(4) A combination thereof.
Section 3. PENALTY.
Violation of this ordinance shall be considered a municipal infraction punishable as
"
provided for in Title 1, Chapter 4 of the City Code.
Section 4. SEVERABILTTY.
The provisions of this ordinance are hereby declared to be severable and if any provision,
sentence, clause, section, or part hereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality
or inapplicability shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this ordinance or their application to persons and
circumstances.
Section 5. CONSTRUCTION
This ordinance shall be liberally construed to advance the purposes of this ordinance as
described in the Evidence section above.
Section 6. EFFECTIVE DATE.
This ordinance shall take effect three months after it has been adopted at election.
Section 7. POSTING.
Copies of this Bill are hereby ordered published by posting with the vote thereon as
required by law.
r=
iN
STATEMENT OF REASONS C j
Background _;
P-1
Organic Coffee
Organic coffee is produced under an approach that views the farm as an ecosystem,
promoting long -term protection of the farm environment with emphasis on recycling,
composting, soil health, and biological activity. Synthetic chemicals are rigorously
avoided.
Fair -Trade Certified Coffee
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Fair -Trade certified coffee is coffee that meets the standards of TransFair USA, a non-
profit monitoring organization that certifies participating traders that are following fair
trade guidelines. These guidelines support small farmers by guaranteeing a minimum
"fair trade price" of $1.26 /pound for their coffee. Small farmers, though not able to afford
"official certification ", use organic methods and plant shade grown coffee on small pieces
of property dispersed throughout a region.
Shade -Grown Coffee
Shade -grown coffee is planted in a shaded, forest -like setting created by a canopy of
trees. The diversity of plant and animal life found in such settings creates very little need
for chemical treatment. The forest canopy provides natural habitat for hundreds of
species of animals, including native songbirds.
Benefits To Iowa City
By restricting the sale of brewed coffee in Iowa City to organic, Fair - Trade, or shade -
grown certified coffee, Iowa City citizens can realize a number of benefits. First, the
initiative will cause a reduction in the use of chemicals applied in coffee cultivation.
Some of these chemicals used in the production of coffee, such as DDT, are Persistent
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Organic Pollutants (POPS). POPs pose particularly serious risks to human health.
Although these chemicals are applied outside Iowa City, POPs are persistent in the
environment and can travel to regions far from their original source. Their residues are
carried across the globe by air and water currents and precipitation. In addition to air and
water, POPs travel in living creatures, such as migratory birds. In sum, a reduction in use
of chemicals in far off places will result in fewer chemicals in the Iowa City environment.
Second, Iowa City citizens would be happy knowing that they are reducing the harm to
their neighbors. The reduction of chemicals would reduce the health threat to the people
in the places where coffee is grown. Often coffee workers are not made aware of the
toxicity of these chemical compounds. Health problems, from skin conditions to serious
infections, are common. There have also been numerous deaths from contact with these
noxious chemicals. To compound the risk, workers often do not have access to protective
clothing, and the availability of medical help is in short supply.
Third, Iowa is dominantly a farming community, which is part of a larger global
community, and Iowa city citizens would be happy knowing that they are helping in
increasing living standards and providing educational opportunities for farmers and their
families in other countries.
Fourth, the proposed coffee ordinance would also have a direct impact on migratory birds
that pass through or live in Iowa City. The native bird habitat, in particular, has been
extensively damaged due to sun grown coffee farms. The initiative would support the
preservation and expansion of habitat for migratory birds, thus promoting the interests of
bird - lovers in Iowa City.
Finally, Iowa City has a legitimate interest in restricting the sale of coffee in order to set
an example for other communities. If Iowa City citizens are willing to restrict their
choices of coffee, perhaps those in other cities will do the same.
0 _J
AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS
O
STATE OF IOWA ) ? t
COUNTY OF JO \NSON The undeoner(s) hereby propo sals) to commence initialivdjr refei@hdum proceedings pursle VII of the Charter of Iowa City.
1. Eadersigned is a voter who is registered to vote in Iowa City.
2. Thed will supervise the circulation of the initiative orl referendum
petition and will a responsible for filing it in proper form with t City Clerk of
Iowa City.
3. The name(s), addre s(es), and phone number(s) of the pe loner(s) Is (are) as
follows (print or type):
liw"I" C &.t of
G3� S - Dod {fib s. a
�owA Cii 22ND w c o
X85%
4. All relevant notices relatin o the initi ive or referendum proposal shall be
addressed as follows:
��1vP✓ (Name of recipient)
.r� S • i�(o treat Address or Post Office Box
+tag A -L-, 0 'ty, State, Zip Code
5. The ordi nee proposed or sought to be re
exhibl nd by this referendum made a part
Witness ry(y (our) hand(s) this Z I day of
l-
Is attached hereto as an
r�
Abscribed and sworn to before me, a Notary Public, on this -!I 10- day of
= , by4& ! lie % /rN r and -Rq nv9(� , to me known
to be the person(s) who executed the foregoing Affidavit, and who (or each of whom)
acknowledged that he /she executed the same as his/her voluntary act and deed.
My commission expires 9 —a 3 . 3
EVIDENCE
RESTRICTING THE
OR SHADE -GROWN
The people of the City of
WHEREAS coffee growers
OF BREWED COFFEE TO ORGANIC, FAIR - TRADE,
FIFIED COFFEE
WHEREAS, coffee growers often
do ordain as follows:
WHEREAS, the growing of coffee in
effect upon the environment which is
welfare and happiness of the residents
synthetic chemical pesticides and fertilizers; and
down trees; and
manner described abov roduces an adverse
.rious to the health, s ty, comfort, convenience,
the City of Iowa C' ; and
WHEREAS, the sale of the hereinafter enutperatei
effect mentioned above and benefit the citiz s of
of Iowa City; and
WHEREAS, the sale of the hereinafter
sell the same; and
WHEREAS, the passage of a City of owa City
coffee to the hereinafter enumerate beverages
and
fages would reduce the adverse
City and others outside the City
beverages would encourage others to
race restricting the sale of brewed
encourage others to do the same;
WHEREAS, the regulation the sale of brewed cof e within the City of Iowa City is a
municipal affair and in the4ublic interest.
D- n
NOW, THEREFO Be it Ordained as follows: C) N
Section 1. DE IONS. D
For the purpo es of this ordinance, the following terms shall a defined as follaiOis:
a. ` Be ewed Coffee Beverage" shall mean all beverages br wed from coffee beans,
i luding but not limited to caf6 au lait, cafe espresso, c fe latte, cappuccino, and
spresso beverages. "Brewed Coffee Beverage" shall not dude dry coffee
/beans, either as whole beans or in ground form.
"Business Vendor" shall mean any person, firm, individual, c ,_rporation,
partnership, association, joint venture, vendor, or any combination thereof, selling
or offering for sale brewed coffee beverages.
c. "City" shall mean all that territory within the corporate limits of the City of Iowa
City.
Ti
d. "City Manager" shall mean the City Manager of the City of Iowa City or said
Manager's designated representative.
e. "Fair- Trade" sh mean Fair -Trade Certified coffee as defined by TransFair USA,
1611 Telegraph ve. Suite 900, Oakland, CA 94612
f. "Organic" shall nkan organic as defined by the final rule estab 'shing the
National Organic ogram under the direction of the Agricultu al Marketing
Service, an arm of t e United States Department of Agricultu (USDA), located
at 7 CFR Part 205, is ed pursuant of the Organic Food Pro coon Act of 1990,
as amended 7 U.S.C. 01 et seq.
g. "Sale" shall mean a co ercial transaction by any perso , firm, individual,
corporation, partnership, vendor, in which transactio beverages are sold
directly to the public for a onetary consideration.
h. "Shade- Grown" shall mean offee that carries eithe the "Bird Friendly®" seal of
approval developed by the S 'thsonian Migrator ird Center, National
Zoological Park Washington, C 20008, or the ` CO- O.K.(r)" mark developed
by The Conservation Action Ne work of Rain rest Alliance, 65 Bleeker Street,
New York, NY 10012.
Section 2. THE SALE OF BREWED
FAIR - TRADE, OR SHADE -GROWN
a. Every brewed coffee beverage
the City of Iowa City shall be 1
certified:
(1) Organic, or
(2) Fair- Trade, /
(3) Shade-Grown, or
(4) A combination thereof.
Section 3. INSPECTION.
The City Manager or the
business premises of any
in the City and which buj
the sole purpose of inspb/
is in compliance with is
Section 4.
RESTRICTED TO ORGANIC,
) COFFEE.
d for sale by any business vendor in
from coffee beans that are either
nager's designated represental
siness vendor engaged in the sa
ness vendor is licensed by the City
:ing said premises and determining
ordinance.
is authorize to enter the
of brewed coffee beverages
Go conduct a business, for
the business vendor
Any business vendor found in violation of any provision of this ordinance shall be guilty
of a simple misgbmeanor and shall be punished by a minimum fine of $250.00, not
exceeding $1,00!0.00, or imprisonment not exceeding three (3) days, or both such fine add
imprisonment.
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Section 5. SEVERABILITY. 7 N
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The provisions of this ordinance are hereby declared to be severable and if any provision,
sentence, clause, section, or part hereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality,
or inapplicability shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this ordinance or their application to persons and
circumstances. ,_,\
Section 6.
This ordinance shall b liberally construed to advance the purposes of this ordinance as
described in the Evidence, section above.
Section 7. EFFECTIVE DATE.
This ordinance shall take effec three months after it has boen adopted by the city council,
or at election. %
Section 8. POSTING.
Copies of this Bill are hereby ordered ublishec 4 posting with the vote thereon as
required by law.
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STATEMENT OF REASONS
Background
Organic Coffee
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Organic coffee is produc under an approach that vi wk
the farm as an ecosystem,
promoting long -term pro tion of the farm environme t with emphasis on recycling,
composting, soil health and biological activity. Synthe 'c chemicals are rigorously
avoided. !
Fair -Trade Certified Coffee
Fai r Trade certif'ed coffee is coffee which meets the standards of TransFair USA, a non-
profit monitori g organization which certifies that participating raders are following fair
trade guidelin s. These guidelines support small farmers by guar pteeing a minimum
"fair trade p . e." Small farmers, though not able to afford "official certificatim," use =;
organic met ods and plant shade grown coffee on small pieces of property dis�sed N
throughout region. o
Shade -Grown Coffee ' C)
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Shade -grown coffee is planted in a shaded, forest -like sett' g created by a canopy of trees.
The diversity of plant and animal life found in such setti gs creates very little need for
chemical treatment. The forest canopy provides natur habitat for hundreds of species of
animals, including native song birds.
By restrictiqg the sale of brewed coffee in Iowa ity to organic, Fair - Trade, or shade -
grown certifi coffee, Iowa City citizens can y6alize a number of benefits. First, the
initiative will cabse a reduction in the use of emicals applied in coffee cultivation.
Some of these chemicals used in the produotion of coffee, such as DDT, are Persistent
Organic Pollutants (POPs). POPs pose p icularly serious risks to human health.
Although these chemical�are applied o tside Iowa City, POPS are persistent in the
environment and can travel to region ar from their original source. Their residues are
carried across the globe by air, yaestsuch aer currents and precipitation. In addition to air and
water, POPS travel in living cre as migratory birds. In sum, a reduction in use
of chemicals in far off places wult in fewer chemicals in the Iowa City environment.
Second, Iowa City citizens w ,uld be *py knowing that they are reducing the harm to
their neighbors. The reduct' n of chemicals would reduce the health threat to the people
in the places where coffee 's grown. Ofte\ coffee workers are not made aware of the
toxicity of these chemica compounds. Hea h problems, from skin conditions to serious
infections, are common. There have also bee numerous deaths from contact with these
noxious chemicals. T compound the risk, wo ers often do not have access to protective
clothing, and the availability of medical help is i short supply.
Third, Iowa is do 'nantly a fanning community, w 'ch is part of a larger global
community, and I wa City citizens would be happy wing that they are helping in
increasing living standards and providing educational o ortunities for fanners and their
families in othe countries.
Fourth, the p posed coffee ordinance would also have a dir ct impact on migratory birds
that pass thr ugh or live in Iowa City. The native bird habita in particular, has been
extensively damaged due to sun grown coffee farms. The initi iv would support the
preservati n and expansion of habitat for migratory birds, thus p omoting the interests of
bird -lov s in Iowa City.
Finall , Iowa City has a legitimate interest in restricting the sale of
ffee in order to set
an a mple for other communities. If Iowa City citizens are willing t
restrict O it
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cho' es of coffee, perhaps those in other cities will do the same.
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