§ 22A.03. NUISANCE PROPERTY.

Property shall be deemed Nuisance Property upon a determination by the NPAC that any one or more of the following subsections is true with respect to the Property:

a.

One or more Founded Calls for Service have been made concerning the following Nuisance Activities at or within one thousand feet of the Property within a period of twelve consecutive months, whether committed by an Interested Party or Permittee(s) of an Interested Party:

1.

Manufacture or delivery of a controlled substance in violation of Iowa Code Chapter 124;

2.

Kidnapping as defined in Iowa Code Chapter 710;

3.

Arson as defined in Iowa Code Chapter 712;

4.

Burglary as defined in Iowa Code Chapter 713;

5.

Robbery as defined in Iowa Code Chapter 711;

6.

Sex abuse as defined in Iowa Code Chapter 709;

7.

Intimidation with a Dangerous Weapon as defined in Iowa Code Section 708.6;

8.

Willful injury as defined in Iowa Code Section 708.4;

9.

Sexual exploitation of a minor in violation of Iowa Code Section 728.12;

10.

Felony gambling in violation of Iowa Code Chapter 725.7;

11.

Felony criminal mischief as defined in Iowa Code Chapter 716;

12.

Animal contests in violation of Iowa Code Chapter 717D;

13.

Possessing or carrying a dangerous weapon as defined in Iowa Code Section 724;

14.

Riot as defined in Iowa Code Section 723.1;

15.

Failure to abate Odors or Offensive Annoyances as defined in Cedar Rapids Municipal Code Section 22.01(a)(2) and prohibited by Section 22.05 thereof;

16.

Owning, keeping or harboring a Dangerous Animal as defined in Cedar Rapids Municipal Code Section 23.01 and prohibited by Section 23.21 thereof;

17.

Prostitution as defined in Iowa Code Chapter 725.

b.

Two or more Founded Calls for Service have been made concerning the following Nuisance Activities at or within one thousand feet of the Property within a period of twelve consecutive months, whether committed by an Interested Party or Permittee(s) of an Interested Party:

1.

Possession of a controlled substance in violation of Iowa Code Chapter 124;

2.

Serious or aggravated misdemeanor criminal mischief as defined in Iowa Code Chapter 716;

3.

Serious or aggravated misdemeanor assault as defined in Iowa Code Chapter 708;

4.

Serious or aggravated misdemeanor theft as defined in Iowa Code Chapter 714;

5.

Misdemeanor gambling as defined in Iowa Code Chapter 725;

6.

False imprisonment as defined in Iowa Code Section 710.7;

7.

Failing to secure or keep secure a structure in accordance with Chapter 29 of the Cedar Rapids Municipal Code and this code;

8.

An unpermitted or illegal use under Chapter 32 of the Cedar Rapids Municipal Code;

9.

Unlawful discharge of any device in violation of Section 63.10A (c) of the Cedar Rapids Municipal Code;

10.

Engaging in conduct prohibited by Section 62.33 of the Cedar Rapids Municipal Code concerning Disorderly Houses and Wrongful Drinking Establishments;

11.

Failure to disperse from an unlawful assembly as defined in Iowa Code Section 723.3;

12.

Serious or aggravated misdemeanor gambling as defined by Iowa Code Chapter 725.

c.

Three or more Founded Calls for Service have been made concerning the following Nuisance Activities at or within one thousand feet of the Property within a period of twelve consecutive months, whether committed by an Interested Party or Permittee(s) of an Interested Party:

1.

A Health, Environmental, or Solid Waste violation as defined herein;

2.

Unlawful assembly in violation of Iowa Code Section 723.2;

3.

Defacing City Property and Graffiti as prohibited by Section 64.01, and/or Section 64.14, and/or Chapter 29 of the Cedar Rapids Municipal Code;

4.

Simple misdemeanor assault in violation of Iowa Code Chapter 708;

5.

Owning, keeping, harboring or knowingly permitting an animal to create such noise as to constitute a violation of Section 23.06 of the Cedar Rapids Municipal Code;

6.

Disturbing the peace in violation of Cedar Rapids Municipal Code 62.01;

7.

Consumption or intoxication in public places in violation of Iowa Code Section 123.46;

8.

Disorderly conduct in violation of Iowa Code Section 723.4;

9.

Persons under legal age in violation of Iowa Code Section 123.47;

10.

Making, continuing or causing the making or continuance of a Noise Disturbance as limited by Municipal Code Section 56.02;

d.

When any of the following occur upon the Property or within one thousand feet of the Property within a period of twelve consecutive months, except as otherwise specified, whether caused by an Interested Party or Permittee(s) of an Interested Party:

1.

The property is placarded pursuant to Chapter 29 Housing Code of the Cedar Rapids Municipal Code, except when such placard is due solely to utility discontinuance for nonpayment of utility bill(s) by a tenant. When a property has been declared a Nuisance Property based on this paragraph, any call for service to that Nuisance Property which is deemed founded for Prohibited Occupancy, as defined in Municipal Code Chapter 29 and the International Property Maintenance Code, shall be deemed a Founded Call for Service, and all costs associated with the call shall be charged to the Property Owner pursuant to Section 22A.08.

2.

A second "no show" trip charge has been imposed in accordance with Chapter 29 Housing Code of the Cedar Rapids Municipal Code;

3.

The City mows the property two or more times in a calendar year for an owner in violation of Chapter 21 and/or Chapter 29 of the Cedar Rapids Municipal Code;

4.

The City removes snow from the sidewalk two or more times in a six month period for an owner in violation of Chapter 9 of the Cedar Rapids Municipal Code;

5.

The City removes junk, debris, and/or solid waste from the property two or more times in a twelve month period for an owner in violation of Chapter 22 and/or Chapter 29 of the Cedar Rapids Municipal Code;

6.

A violation of Chapter 29 of the Cedar Rapids Municipal Code(s) is prosecuted in Court and the Court rules in favor of the City;

7.

A violation of Cedar Rapids Municipal Code Chapter 22 is prosecuted in Court and the Court rules in favor of the City.

Notwithstanding the foregoing, Chapter 22A shall not apply to Calls for Service made by a caller seeking law enforcement assistance or other Emergency Assistance for a Victim of Crime or Abuse, or seeking law enforcement assistance or other Emergency Assistance for an individual in any other emergency situation, if the caller had a reasonable belief that Emergency Assistance was necessary to prevent the perpetration or escalation of the abuse, crime or other emergency or, in the event of abuse, crime or other emergency, the Emergency Assistance was actually needed. Also notwithstanding the foregoing, no penalty shall be imposed under this Chapter against a resident, owner, tenant or landlord because the resident, owner, tenant or landlord was a Victim of Abuse or Crime.

Except where otherwise specified, the references in this Section 22A.03 to provisions of the Iowa Code or the Cedar Rapids Municipal Code shall not be construed to mean that prosecution of the specific charge is required to proceed under this Chapter, nor shall it be construed to mean the Nuisance Activity must be proven beyond a reasonable doubt. Rather, in determining whether a Property is a Nuisance Property, the Nuisance Property Abatement Coordinator shall apply the criteria of this section using a preponderance of evidence as the standard of proof. Any determination pursuant to this section shall be subject to administrative appeal and/or Court review as set forth in this Chapter.

(040-16)