HomeMy WebLinkAbout2006-11-13 Correspondence
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Local Control Resolution
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory
disease, and lung cancer; and
WHEREAS, secondhand smoke is a Class A carcinogen containing over 4,000 chemicals, 200 of
which are known poisons and 50 of which are known to cause cancer; and
WHEREAS, secondhand smoke kiIls 50,000 to 60,000 Americans every year from heart disease
and lung cancer; and
WHEREAS, the U.S. Centers for Disease Control has issued a warning that anyone at risk for
heart disease should avoid entering smoke-filled environments; and
WHEREAS, employees should not be forced to risk their health through exposure to dangerous
and deadly toxins in their workplace; and
WHEREAS, according to the U.S. Surgeon Genera, the only way to fully protect employees and
the public from the hazards of secondhand smoke is to eliminate smoking by creating smoke-free
environments; and
WHEREAS, local and state governments throughout the country have successfully passed
smoke-free air laws to protect people against the harmful effects of secondhand smoke; and
WHEREAS, the Council ofthe City of desires to protect the health, comfort and
working environment of its residents and employees as they may be affected by smoking in
various public places in the City; and
WHEREAS, the General Assembly of the State ofIowa has not provided cities the legal
authority through legislation to pass local smoke-free policies, now, therefore, be it
RESOLVED, That the Mayor and Council ofthe City of hereby request the Iowa
General Assembly and the Governor ofthe State ofIowa pass legislation allowing local control
of smoking in public places; and be it
FINALL Y RESOLVED, that this resolution and policy statement be included as an appendix to
the City's Administrative Code.
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Proposed New Iowa City Ordinance
New Iowa City Ordinance based upon Iowa Code S 562A.12(7):
The saa faith wrongful retention of a deposit by a landlord, or any portion of the rental
deposit in violation of Iowa Code S 562A.12 , which is incorporated by reference herein,
shall subject the landlord to punitive damages Hot to exceea tW8 Inmared dollars equal to
the greater amount offive hundred dollars or double the amount of the rental deposit in
addition to actual damages. Failure to provide timely notice as prescribed in section
562A.12(4) of the Iowa Code shall result in a presumption of wrongful retention of a
deposit.
Explanation: Predatory deposit practices by landlords have become commonplace,
especially in areas where Iowa's public universities are located and among elderly
renters. In Iowa City, rental deposits often exceed $1000.00 and sometimes are as high as
$4000.00. The present law provides little, if any, financial disincentive to deter landlords
from wrongfully retaining deposits. Many cities and states have adopted laws that award
tenants double or treble the rental deposit amount for a landlord's wrongful retention of a
deposit. The term "bad faith" has been amended to "wrongful" to eliminate the present
heightened knowledge requirement which can easily be circumvented.
Iowa Code S 562A.12(4) requires a landlord to notify a tenant of its intent to not return a
rental deposit, or any part thereof, within 30 days of termination of the rental agreement
and provision of a forwarding address by the tenant. If a landlord fails comply with the
above named section, then there shall be a presumption of "wrongful retention of a
deposit," which can be rebutted by a preponderance of the evidence.