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HomeMy WebLinkAbout2020-10-20 OrdinanceItem Number: 12. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT October 20, 2020 Ordinance amending Title 3, "City Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa city, Iowa and amending Title 16, entitled "Public Works", Chapter 3A, entitled "General Provisions", Sections 5, 6 and 7, entitled "Establishing City Utility Accounts; Deposits Required", "Billing and Collection Procedures; Delinquent Accounts" and "Discontinuation and Restoration of Service" to make delinquent account collection fees and procedures more equitable and just. (Pass & Adopt) Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Estimated impact is a water revenue reduction of $150,000 Recommendations: Staff: Approval Commission: N/A Attachments: Notice of Public Hearing Rate Ordinance Executive Summary: The proposed water rate ordinance is intended to provide for updates that pertain to the City's initiatives in racial and social equity. The ordinance changes include an elimination of the shutoff carding notice and the associated fee, a reduction of the service reconnection fee, and a 5% increase in the late fees to provide for the cost to send customers a delinquency letter and the ability to communicate notices to customers electronically via e-mail and text messaging. Background /Analysis: The City's utility bill includes charges for the Water, Wastewater, Stormwater, and Refuse services. Utility bill payment enforcement is done by the Water Division through the shutoff of water service. The City's current utility bill collection for non-payment is a five-step process. The steps are: 1. On the customer's bill, a 5% late fee is shown under the current balance due. 2. If the customer's bill remains unpaid 22 days after the bill date, the delinquency charge is added to the bill total and a past due letter is sent to the customer, showing amounts due and the City's shut off procedures. 3. If the customer's bill remains unpaid after 37 days, a Water Division employee places notice on the customer's door of the impending water shut off and a shutoff carding fee (currently $47.25) is incurred. 4. If the bill remains unpaid after 47 days, a Water Division employee turns off the water. 5. When the utility bill and all fees have been paid, a Water Division employee turns on the water and a reconnection fee (currently $47.25) is charged. As of July 1, the fees associated with this process include a 5% late fee (averages about $4.70), a $47.25 shutoff carding fee, and a $47.25 service reconnection fee. A customer that has their water turned off is charged a total of $99.20 in fees. The average utility bill is $94.00. The following changes to the utility bill collection process are proposed: 1. Eliminate the past due letter after 22 days, because the past due letter information is already on the utility bill. 2. Replace the shutoff carding notice with a mailed letter and electronic communication via e-mail and text if the customer's information is available. With approval of the Resolution, the City's utility bill collection for non-payment will remain a five- step process but will be modified to the following: 1. The utility bill will show the delinquency charge (late fee). 2. After 22 days unpaid, the late fee will be applied to the bill. 3. After 37 days, a shutoff notice letter will be mailed to the customer and if contact information is available, the customer will also be electronically notified. 4. If the bill remains unpaid after 47 days, a Water Division employee turns off the water. 5. When the utility bill and all fees have been paid, a Water Division employee turns on the water and a reconnection fee is charged. The proposed fee changes are as follows: The late fee will be raised from 5% to 10%. This increase will cover the cost of the mailed shutoff notice letter and the cost of providing electronic communication. This is consistent with what other jurisdictions in Johnson County are charging. The $47.25 shutoff carding fee will be eliminated, and the service reconnection fee will be lowered from $47.25 to $45.00. The after-hours reconnection fee will remain at $88.20. A customer that has their water turned off would be charged $54.40, a total reduction of $44.80. A customer that receives all notices up to the shutoff point would be charged $9.40. This total is due to the 5% increase in late fee and removal of the shutoff carding fee, a final reduction of $42.55. The shutoff carding fee has historically received the most feedback from low income individuals, and its elimination will reduce the financial burden on these customers. The proposed changes are consistent with the racial equity tool kit findings that the Finance Department conducted in 2017 which identified that utility shut offs occurred more often in minority communities. At that time, the department expanded the promotion and availability of the Low - Income Discount Program and a donation program was established to help fund the discount program expansion. The Low -Income Discount Program provides a 60% decrease in water, wastewater, and stormwater charges; and a 75% decrease in refuse charges. The current proposed changes will provide additional relief to these impacted residents. The elimination of the carding fee will reduce Water Fund revenue by an estimated $150,000 annually. ATTACHMENTS: Description Ordinance Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 ORDINANCE NO. 20-4830 Ordinance amending Title 3, "City Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa city, Iowa and amending Title 16, entitled "Public Works", Chapter 3A, entitled "General Provisions", Sections 5, 6 and 7, entitled "Establishing City Utility Accounts; Deposits Required", "Billing and Collection Procedures; Delinquent Accounts" and "Discontinuation and Restoration of Service" to make delinquent account collection fees and procedures more equitable and just. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, the City's financial policies dictate that the Water fund shall be self-supporting; and WHEREAS, the City must endeavor to bill and collect utility fees and charges to support the operation, maintenance, and replacement of the Citys utility systems and infrastructure; and WHEREAS, the City seeks to amend and modernize its delinquent account collection fees and procedures to make them more equitable and just; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by adding the underlined text and deleting the strike -through text in the sections identified below as follows: 3-43: POTABLE WATER USE AND SERVICE: C Description Of Fee, Charge, Amount Of Fee, Charge, Bond, Fine Or Penalty Bond, Fine Or Penalty Deposit and delinquency fee for combined city water and/or sanitary sewer and/or solid waste collection accounts (see section 16-3A-5 of this code): 105 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. ----Service Fees — Ordinance No. 20-4830 Page 2 Posting fee for shutting off water in collection procedure Reconnection fee for discontinuation of service Service Fee Fee During After Normal Normal Working Working Hours Hours' i4se�be Notdone waived easean after normal ihe�ifetirae efte working assetxk 0.00 hours 5.00 $88.20 SECTION II. AMENDMENT. Title 16, Chapter 3A, entitled "General Provisions," of the City Code is hereby amended by adding the underlined text and deleting the strike -through text as follows: 16-3A-5: ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED: A. Upon establishing a water service account, a wastewater account and/or a residential solid waste collection account with the City, the person establishing an account, with the exception of a residential owner account, shall be required to make a combined account deposit for City services. The amount of this deposit shall be as provided in the schedule of fees, title 3, chapter 4 of this Code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before City services are provided. B. Required deposits shall be held until service is terminated and the account closed. At such time, the amount of the deposit shall be credited to the account or refunded to the account holder if the account Is closed and paid in full. C. Upon reestablishing one or more accounts asset forth in subsection A of this section, the person establishing the account(s) shall be required to make an account deposit for City services. The amount of the deposit shall be as established in the schedule of fees, title 3, chapter 4 of this Code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before City services are provided. D. A delinquency deposit may be charged upon repeated delinquency of any water, wastewater or solid waste service account. Upon the occurrence of a third sesend delinquency charge within the last three hundred sixty five (365) day period, the account holder shall be required to make a combined deposit equal to the average two (2) month billing for the account holder's account. The average two (2) month billing shall be based upon the actual billings during the prior twelve (12) month billing periods. If the account holder already has a combined deposit on file with the City, that deposit amount will proportionally reduce the delinquency deposit. The delinquency deposit can be waived if the account holder enrolls in SurePay. E. Delinquency deposits shall be held either three hundred sixty five (365) days after the deposit was paid or three hundred sixty five (365) days after the last occurrence of a delinquent account charge, whichever occurs last. At such time, the deposit shall be credited to the utility account. If service is terminated within three hundred sixty five (365) days of the delinquent account charge, the deposit shall be credited to the account or refunded if the account is paid in full. F. Prior to establishing an industrial water service account, the person establishing the account shall first execute a written agreement with the Department of Public Works. Such accounts shall be governed by chapter 3. article F, "Wastewater Treatment Works User Charges", of this title. (Ord. 18-4745, 4-17-2018, eff. 7-1-2018) 16-3A-6: BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS: A. Delinquency: 1. Billings for services provided to properties for anyone service period, as defined by regulations established by the city and approved by resolution of the city council, shall be submitted to account holders within thirty (30) calendar days after the end of the billing period and shall be due and payable within fifteen (15) calendar days after the date of the billing. (1994 Code) Ordinance No. 20-4830 Page 3 2. If payment In full is not received within twenty two (22) days of the billing date, the accounts) shall be deemed delinquent and a delinquency charge will be assessed as provided in title 3, chapter 4 of this code. For locations which receive city water, wastewater and/or solid waste services, the account holders shall be billed and collected as a single account, and in the event of a delinquency in payment as to either water, wastewater or solid waste services, subsequent payments shall be credited first to the delinquent billings and then to the current billing. (Ord. 97-3820,12-16-1997) 3. If any check or automatic bank debit for payment of utility services is returned, for any reason, to the city from the financial institution from which it is written, a service fee shall be assessed as provided in title 3, chapter 4 of this code. B. Imposition Of Lien For Unpaid Services 1. Except as provided in subsection B2 of this section, rates and charges for city utilities not paid as provided by city ordinance are a lien upon the property or premises served, upon certification by the city finance director or designee to the county treasurer that the rates and charges are due. Said lien shall be collected in the same manner as a property tax, as provided by state law. At least thirt 30 ien-(18} Lays prior to such certification, the city finance director, or designee, shall give written notice of intent to certify lien by ordinary mail to the account holder of the delinquent account and, if the account holder is a tenant, to the property owner of record. (Ord. 01-3962, 4-3-2001) 2. For residential rental properties where the charges for service are separately metered and paid directly by the tenant and when the utility account is in the current tenant's name, liens of the property shall be pursuant to state code. (Ord. 12-4505, 12-4-2012) 16-3A-7: DISCONTINUANCE AND RESTORATION OF SERVICE: A. Nofice: 1. In the event an account holder fails to pay the full amount of the billing for city utility services within twenty two (22) calendar days after the billing date, service may be discontinued but only after giving the account holder written notice and an opportunity for a hearing before the director of finance or designee(s). The written notice shall be mailed by first class mail to the affected account holder not less than seven 7 twewr• Gur— }calendar days ("cure period") in advance of discontinuance, and shall state: a) the reason for discontinuance of service; b) the specific account(s) and service location(s) for which payment is delinquent; and c) the amount(s) delinquent, including fees and penalties. (Ord. 97-3769,1-14-1997) AAw6cp Ineatonn oF 'aGafiens, and such n9fire shall be pIaG8d GA the PFOPeFty AGt less than five (5) GslendaF days RdV2RGA Of the data ROWOGA 06 to be d AnAntinued. 3. When an account holder's account for water, wastewater and/or solid waste service at a specific location is delinquent, the city may discontinue water service at that location by shutting off the water service valve at the stop box if available or by removal of the account holder's water meter. The city shall have unrestricted access to such valves and water meters for the purposes specified herein regardless of whether those water devices are located in city right of way, city easement or on the property of the account holder, and consent shall be deemed given for such access when service is requested and when an account holder receives city utility services. 4. Notwithstanding the above, when an individual account holder is billed under two (2) or more accounts for water, wastewater and/or solid waste service at two (2) or more separate locations, a delinquency in payment for service provided at any one or more of the locations shall be cause for the city to discontinue service at all service locations for that account holder regardless of whether the accounts for service at those other locations are delinquent. B. Restoration Of Service; Fees And Charges 1. Upon payment of all due and payable water, wastewater and solid waste service charges, including fees and penalties, the city shall cause the account holder's water service to be restored. Services to rental properties shall be resumed notwithstanding the failure of the persons formerly living there or occupying the premises to have paid all fees and charges, provided all such persons previously occupying the premises have vacated the premises as verified, in writing, by the rental property owner or manager. 2. All payments required to restore the account holder's service shall be in the form of cash, money order or a cashier's check, or credit card. Ordinance No. 20-4830 Page 4 3. It shall be prohibited for any person to restore or attempt to restore water, wastewater or solid waste service at a location where those services have been discontinued unless and until the city authorizes such restoration. 4. The director of finance is authorized to adopt and promulgate billing and collection procedures for water, wastewater and solid waste service accounts, including records. Such procedures shall be approved by the city manager and city attorney. (1994 Code) SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect November 1, 2020. Passed and approved this 20th day of October , 2020. Me -OR LATTEST 0 IOD CITY LERK Ap roved by �OXL l t� ity Attorneys Office - 09/08/2020 Ordinance No. 20-4830 Page 5 It was moved by Thomas and seconded by Taylor that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Bergus Mims Salih Taylor Teague Thomas Weiner First Consideration 09/15/2020 Vote for passage: AYES: Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: Salih ABSENT: None. Second Consideration 10 Vote for passage: AYES: Mims, Taylor, NAYS: Salih ABSENT: Date published 10/ 2020 Teague, Thomas, Weiner, Bergus. None. 29/2020 Item Number: 13. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 20, 2020 Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled "Taxicabs," to Decrease the Number of Required Vehicles from Four to Two. (Second Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Kellie K. Fruehling, City Clerk Fiscal Impact: none Recommendations: Staff: No Recommendation Commission: N/A Attachments: Memo from City Clerk Ordinance Executive Summary: This ordinance decreases the number of vehicles a taxicab company is required to have from four to two. One of the taxicab companies requested that the minimum number be decreased to two, and City Council discussed the request at its September 15 work session. Following the discussion, Council directed staff to place an ordinance on the agenda decreasing the minimum number of vehicles to two. The history of why the Code requires that taxicab companies have at least four vehicles is set forth in the memo from the City Clerk. Background /Analysis: ATTACHMENTS: Description Memo from the City Clerk [previously distributed in the 9/10 1 nformation Packet, I P1 0] Ordinance � r IT' CITY O F IOWA C1TY MEMORANDUM DATE: September 9, 2020 TO: Mayor and City Council FROM: Kellie Fruehling, City Clerk RE: Taxicab Regulations Introduction: City Council has received correspondence requesting the minimum number of vehicles required to qualify as a taxicab business be lowered to two vehicles. The following memo provides a history on the number of vehicles required to establish a taxicab business. History/Background: 2006 In a work session on Sept. 5, proposed changes to the taxicab ordinance were discussed, including establishing a minimum of 3 vehicles for each company. Also discussed was whether to require the company to be in operation 24/7 and whether to require the business to have an office. At that time there were 16 companies and approximately one-half had only 1 or 2 vehicles. One word used in the discussion was "legitimate." In other words, was a one -vehicle operation a "legitimate" operation if the driver uses a cell phone for dispatching and only operates on games days and weekend nights. One Council member said that if you call yourself a cab company then you need to be available to the public. Additionally, staff was having difficulties reaching the businesses to investigate complaints. Ordinance No. 06-4243 established a minimum of 2 taxicabs, but provisions requiring an office and 24/7 operation were not adopted. However, the hours of operation needed to be listed on the rate card. 2010 In June staff met with taxicab companies to discuss a variety of potential changes to the taxicab ordinance. At that time there were 17 licensed taxicab businesses, 7 of which had 2 vehicles and 2 had 3 vehicles. (By way of comparison, Des Moines and Cedar Rapids each had 4 taxicab companies.) At the July 12 work session, taxicab discussion included whether to increase the number of vehicles to 4 and whether to require an office. Again, the discussion on these issues centered on whether it was a "legitimate service" if there were only 2 vehicles and no office. Increasing the number and requiring an office to dispatch was seen as a way for the City to ensure that the business had resources to maintain the vehicles and that dispatching was not occurring while driving. Ordinance No. 10-4405 required a minimum of 4 taxicabs, an office and 24/7 operation were also adopted. September 21, 2020 Taxicab Regulations Page 2 2012 Ordinance No. 12-4510 addressed the issue of taxicab business forming in August only to operate on football weekends and then cease operations. This ordinance provided that all taxicab business applications had to be on file by May 1 and that licenses would run from June 1 to the following May 31. This was a change to help ensure that businesses would be legitimate and ongoing throughout the year. 2014 Uber approached City staff urging Code amendments to allow "transportation network companies" ("TNCs") to operate. 2015 Ordinance No. 15-4608 was passed which allowed TNCs to operate in the City subject to many of the same requirements as a traditional taxicab company. 2016 On March 23 Council passed first consideration of Ordinance No. 16-4663 (aka, the Uber ordinance) largely drafted by Uber that treated TNCs differently than traditional taxicab companies. In May the legislature passed a bill preempting local regulation of TNCs (Chapter 321N of the Iowa Code) effective January 1, 2017. (The Uber ordinance was subsequently repealed). In light of the influx of TNCs into the local transportation business, the Uber ordinance, and the pending TNC preemption bill, staff met with taxicab companies on March 31 and April 28 to discuss ways to level the playing field, so to speak. Ordinance No. 16-4665 eliminated the requirement for having a business office and the requirement for 24/7 hours of operation given that TNCs do not have a local office. The requirement the company had to have a telephone number that will be answered 24/7 for purposes of the police investigating was not eliminated. (There had been two recent sexual assault investigations regarding assaults by cab drivers.) 2020 Currently there are two licensed taxicab companies, Yellow Cab and Big Ten Taxicab. Pursuant to the Mayor's Proclamation of Civil Emergency signed March 18, 2020, the Mayor by order temporarily suspended until September 30 the requirement that a taxicab business have 4 insured vehicles. Summary: In years past, Council was concerned about making sure that the businesses were legitimate operations (as opposed to a "pop up" business for football weekends) and had the resources to maintain their fleet. As outlined above, steps taken included: 1) requiring a minimum of 2 and then 4 vehicles; 2) an application for the annual license to be filed by May 1; 3) an office in Iowa City or Coralville; and 4) a 24/7 operation. With the advent of TNCs, the latter two requirements were eliminated. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030 ORDINANCE NO. 20-4831 Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled "Taxicabs," to Decrease the Number of Required Vehicles from Four to Two. Whereas, since 2010 City Council has enacted ordinances to make sure that taxicab businesses are legitimate ongoing operations, meaning that they are not a "pop up" business operating only during the weekends of home football games of the University of Iowa and had the resources to maintain their fleet; Whereas, one such ordinance was Ordinance No. 10-4405 that requires taxicab businesses to have a minimum of four vehicles; Whereas, the advent of transportation network companies has changed the nature of providing rides to the public and decreased the number of licensed taxicab businesses from over ten to two at the present time; Whereas, it is unlikely that lowering the minimum number of vehicles to two will result in a surge in businesses that may not be legitimate operations because of the requirements that all taxicab businesses must apply for the annual license by May 1 and all licenses run from June 1 to May 31; and Whereas, it is in the best interest of the city to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "Vehicle Requirements," Subsection D is amended by adding the underlined text and deleting strike -through text as follows: Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of feur (4) two 2 taxicabs, and one taxicab shall be in operation at all times. At least four -(4) two 2 taxicabs shall be insured and shall have a decal at all times. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of October , 2020. Attest: City Clerk City Attorney's Office —10/01 /2020 6. Ordinance No. 20-4831 Page 2 It was moved by Mims and seconded by Weiner Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner that the First Consideration 10/06/2020 Vote for passage: AYES: Taylor, Teague, Thomas, Weiner, Bergus, Mims, Salih. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10/29/2020 Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thomas, Weiner, Bergus, Mims, Salih, Taylor, Teague. NAYS: None. ABSENT: None. Item Number: 14. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 20, 2020 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to provide rental permit requirements for short-term rental properties. (Second Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, NDS Director Stan Laverman, Sr. Housing Inspector Fiscal Impact: None. Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: This ordinance establishes a permit for short-term rentals that mirrors the health and safety requirements and the property maintenance and nuisance standards for typical rental properties in Iowa City except that no fee is charged. Background /Analysis: In June the Iowa legislature passed HF 2541 that limits the ability of local governments to regulate short-term rentals, such as Airbnb. However, the bill allows for cities and counties to impose health and safety regulations and enforce property maintenance and nuisance standards if short- term rentals are treated the same as similar properties and no fees are charged. A short-term rental is defined under state law as a single-family home or a unit in a duplex or multi- family building, including owner -occupied units, that are leased for a fee of 30 days or less. Under the ordinance, owners wanting to offer their properties for lease of 30 days or less will be required to apply for a short-term rental permit. The application and approval process is the same as that of a typical rental property except that no fees are assessed. The unit will need to be inspected and meet the requirements of Section 17- 5-19 of the Housing Code, the health and safety requirements and the property maintenance and nuisance standards that apply to all rental properties. ATTACHMENTS: Description Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 20-4832 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to provide rental permit requirements for short-term rental properties. Whereas, HF 2541 passed in June 2020 established the parameters for local government regulation of short-term rental properties, such as Airbnb; Whereas, under HF 2541 local governments may enforce health and safety requirements as well as property maintenance and nuisance standards if applied in the same manner as other properties with the exception that no fee may be charged; Whereas, the health and safety requirements and the property maintenance and nuisance standards as required by Section 17-5-16 for rental properties should also apply to short-term rental properties; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled, "Certificate of Structure Compliance and Rental Permit," is amended by adding the following underlined text as new Subsection F, entitled "Short -Term Rentals": of this chapter. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of October , 2020. II&Vor Ordinance No. 20-4832 Page 2 p ved by n Attest: City Cl rk City Attorney's Office — 10/01 /2020 It was moved by Salih and seconded by Mimp that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner First Consideration 10/06/2020 Vote for passage: AYES: Thomas, Weiner, Bergus, Mims, NAYS: None. ABSENT: None. Second Consideration ------- Vote for passage: Date published 10/29/2020 Salih, Taylor, Teague. Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: &irgus, Mims, Salih, Taylor, Teague, Thomas, Weiner. NAYS: None. ABSENT: None.