Cedar Rapids clarifying wording of SAFE-CR ordinance

CEDAR RAPIDS - SAFE-CR, the city's ambitious nuisance property abatement program, has achieved great success in its two years, Cedar Rapids officials say.

Even so, the city is clarify wording in the ordinance that created the program in hopes of averting another effort in the Iowa Statehouse to get it shut down.

But there's likely to be a debate anyway, said Angie Charipar, assistant to the city manager.

Earlier this year, a lack of precision in the ordinance helped critics press a case with legislators that the nuisance program could allow landlords to penalize victims of domestic violence and other crimes. Fear of reprisal from a landlord could prevent a crime victim from calling police for help, critics said.

City officials denied that but now are working to modify language in the rules in hopes of leaving no doubt. The proposed new language, which is under review before being submitted to the City Council for approval, emphasizes this:

'The City … has an interest in encouraging individuals to contact police and fire for emergency assistance. Accordingly, it is the policy of the City that the provisions of this (ordinance) shall not apply to a call made for Emergency Assistance….”

In addition, the new language prohibits retaliation against a tenant because the tenant complained of a nuisance or called for necessary emergency assistance.

Amanda Grieder, manager of the SAFE-CR Nuisance Property Abatement Program, said the proposed language does make the ordinance 'a lot clearer and really does allow the public to understand what our intent is.” Even so, she did not believe the existing language ever had been used to penalize crime victims.

The proposed language is the work of a focus group convened by Grieder and Charipar to discuss the ordinance and proposed changes.

The focus group has included representatives from Waypoint Service's domestic violence program, Landlords of Linn County, Four Oaks' TotalChild program, Foundation 2, Iowa Legal Aid, the Affordable Housing Network Inc., the Willis Dady Emergency Shelter and others, such as Sheryl Jahnel, a Realtor and landlord who fought the city at the Statehouse earlier this year.

Charipar said the focus group addressed three central topics: Does the ordinance re-victimize victims of domestic violence? Does it make provisions for those with mental illness? Is there a way to improve communication between residents and police?

Charipar said none of the tweaks will change the program's 'underlying goal.” That goal is for property owners to be held accountable for what happens on their property so neighbors can enjoy their land free of nuisances next door or nearby, she said.

To achieve those goals, the nuisance program features a system in which property owners can be assessed points. Enough points for 'founded” calls in a year can result in a designation as a nuisance property, which requires the owner to work with the city to remedy the problem or face penalties. 'Founded calls” are those answered by police, code enforcement officers or other city officials who find probable cause of a nuisance.

At two years, SAFE-CR has logged 2,394 'founded calls” for service at 1,737 properties.

Of those, 342 have met the threshold to be deemed a nuisance: 199 rentals, 135 owner-occupied properties, and eight commercial ones. Of the total, 139 have are back in compliance.

Only 52 of the properties have qualified to be billed for excessive police calls for a total violation amount of $36,272.

In recent days, City Council member Scott Olson said the program as designed is identifying the worst of the nuisance properties in a city with an estimated 54,500 households, 18,411 registered rental units, 5,935 rental properties and 3,040 landlords.

Grieder said one of SAFE-CR's successes is that the program makes sure owners know what is going on at their property. That's because they get a letter from SAFE-CR when there is a founded call at their property. She said she believes that landlords also are checking logs of police calls and talking more to tenants.

Charipar, who helps oversee issues for the city that are in front of the Legislature, said the proposed changes to the ordinance aren't likely leave the law unchallenged. Sheryl Jahnel, the Realtor on the focus group, said as much.

'My quick answer is that the changes and revision to (the city ordinance) will not be enough,” Jahnel said. 'We are seeing progress, but we are not there yet.”

She said she still 'can't comprehend” how SAFE-CR can punish a landlord for a crime a tenant commits on the landlord's property.

Proposed legislation, which the city said would dismantle its program, is called the Right to Assistance Act. It is being advanced by the American Civil Liberties Union of Iowa and a few landlords including Jahnel.

Charipar said the city agrees with most of the legislation, but not with a provision saying a landlord shouldn't be held accountable for behavior at the property.