Students in violation of the City of Ames’ rental occupancy ordinance may not have to shell out money for hefty fines, after all.

Ames Assistant City Attorney Judy Parks said she will request the $500 fine administered with the infraction be suspended for tenants who cooperate with court procedures.

At the March 4 Ames City Council meeting, council members unanimously passed a motion for the city attorney to advise the District Court of the city’s willingness to accept suspended sentences for tenants who agree to fix and abide by occupancy limits.

“Suspensions will be granted on the basis that tenants will comply with the ordinance,” Parks said. “The $63 court cost will still have to be paid.”

To stay in compliance with the ordinance, renters will have the responsibility of splitting the rent among three people or negotiating rent with their landlords, Parks said.

About 90 citations have been issued since the city started cracking down on violators at the request of some Ames Area Neighborhood Associations, said Brian O’Connell, director of the Ames City Planning and Housing Department.

Of the 57 cases that have appeared in District Court, 56 decisions have been ruled in favor of the city, Parks said.

As a result of failed mediation among landlords, neighborhood representatives and renters, the current system of administering occupancy laws will continue, O’Connell said.

“Properties affected are all single-family dwellings in low residential zones with more than three unrelated people residing in them,” O’Connell said. “Regardless of zoning, all single-family dwellings within Ames have the same occupancy standards.”

Other houses and apartments in medium- and high-density zones are subject to different standards.

There are more than 800 dwellings being rented in low-residential zoned areas, but it is unclear how many are actually over occupied, according to O’Connell.

Dwellings are investigated on a complaint basis, said Ames Investigations Commander Jim Robinson.

“Complaints have been filed through a number of city offices and departments,” O’Connell said. “Complaints don’t necessarily have to be made to Ames Police or DPS to be investigated.”

Over-occupancy inquiries are conducted by checking license plates, mailboxes and knocking on dwelling doors among other things, Robinson said.

Parks said most tenants do not receive any prior notification before they are issued a citation. This has been the source of many complaints from renters on the receiving end.

Kevin Taber, junior in business, said he and his five roommates were living in a six-bed-room house when they were issued a citation without any prior notification.

“An officer looked up our utility bills, checked our license plates and determined that too many people were living here,” Taber said. “Then the officer spoke to me and asked if I knew the people he had on a list … within 13 days we all received fines.”

Adam Clark, senior in meteorology, received a citation without any prior warning after his landlord told him the house he was living in would not be fined.

“If the city wanted to enforce this ordinance, all they had to do was give us a warning,” Clark said. “The threat of a $563 fine would have been plenty to convince us to get somebody to move out. This would have been a much more sensible alternative to the actual enforcement of the ordinance.”

Fines come at a high cost in the hopes the severity will force compliance, O’Connell said.

“State law structures the costs of the fines,” O’Connell said. “Fines used to be lower, but people paid the fine and then didn’t comply.”

Money generated from the fines is deposited into the general city fund, Parks said.

Ames attorney Tim Gartin, who has represented several landlord and tenants, said he believes it is only necessary to issue one citation per property.

“It’s crazy to issue two citations to couple property owners who rent just because they are not a business enterprise,” Gartin said. “At the least, landlords and renters should receive a timely notice before being issued a ticket.”

O’Connell said since mediation failed to produce any agreeable alternatives to administering the law, the city will continue to investigate and issue over-occupancy citations in its current manner.

“Both landlords and tenants are fined because the city cannot pinpoint one source of wrongdoing,” O’Connell said. “Unfortunately some landlords are aware of the violation, but there are often multiple sources of [misconduct].”

Fern Kupfer of the South Campustown Area Neighborhood Association said she has seen improvements in her neighborhood since the city started enforcing the ordinance.

Kupfer said she decided to take action against violators in her residential area after her neighborhood started to deteriorate.

“I live on a block that used to be all families,” Kupfer said. “Originally the city did nothing, and so many neighbors moved. Houses were turning over to rentals and then slums.”

Kupfer said she thinks suspending fines for tenants willing to fix the problem is a good idea. “A lot of students got screwed,” she said. “Don’t be angry at me — be angry at your landlords.”

City officials, students and Ames residents all agree on one thing — students need to be better informed and educated about rental laws.

“Renters should call the city inspections or zoning office if they have questions about a property,” O’Connell said.

Students can also find property-zoning classifications by accessing the assessor’s Web site online and typing in a street address at www.amesassessor. org/pcm/.

Gartin said it’s absurd to expect students to know zoning laws and the meanings of classifications. “It’s really an unreasonable burden, but at this point all students should check with the city housing department to make sure they are in compliance with the law before they sign a lease,” he said.

Parks said it is a good idea for students to talk to their landlord and make sure they are in compliance with the law.

The city does not want to get involved with a suggested lease addendum that would state how many people may occupy a dwelling on the lease, O’Connell said.

“The university is the entity that brings the majority of renters to Ames,” he said. “Information about off-campus housing should be made available to students through the school.”

Next year a notice will be included about occupancy ordinances in Mayor Ted Tedesco’s welcome letter to new ISU students, Parks said. In April, letters will be sent to all Ames rental property owners as a reminder of occupancy limits.

Gartin doubts letters will have much effect on students.

“Landlords should voluntarily tell tenants how many people can live there,” Gartin said. “Posting occupancy limits within the dwelling is also a good idea.”

Through all of the conflict and disagreement, O’Connell said he hopes to see a greater focus on interactive education and advising. “As hard as this has been, homeowners will be more cooperative and renters will be more understanding of neighbors by student knowledge and compliance,” he said. “It’s really a time of learning for homeowners, students and the city.”

“A citation could come at any time so it is best to reach compliance before a ticket is issued,” Parks said. “Ultimately it is each individual’s responsibility to become familiar with the law. It’s probably a good idea to look through the Ames municipal code and see what laws may affect you.”

The city municipal code can be found at http://www.city.ames. ia.us/attorneyweb/codeTOC.htm.