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HomeMy WebLinkAbout5389-2/20/2017Prepared by LeAnn M. Even Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5389 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE 1 - DEFINITIONS, ARTICLE B-4 - WEED COMPLAINTS, ARTICLE B-5 - NOTICE TO PROPERTY OWNERS, ARTICLE B-6 - PAYMENT, ASSESSMENT OF COSTS, APPEAL, ARTICLE B-7 - EXCEPTIONS, ARTICLE B-8 - VIOLATION; PENALTY, OF CHAPTER 5 - VEGETATION, OF TITLE 7 - PUBLIC WAYS & PROPERTY AND ENACTING IN LIEU THEREOF A NEW ARTICLE 1- DEFINITIONS, ARTICLE B-4 - WEED COMPLAINTS, ARTICLE B-5 - NOTICE TO PROPERTY OWNERS, ARTICLE B-6 - PAYMENT, ASSESSMENT OF COSTS, APPEAL, ARTICLE B-7 - EXCEPTIONS, ARTICLE B-8 - VIOLATION; PENALTY, OF CHAPTER 5 - VEGETATION, OF TITLE 7 - PUBLIC WAYS & PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Section 1, Definitions, of Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 1, Definitions, of Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the following meanings in this chapter: HAZARD: Any tree or shrub, which interferes with any sidewalk or the traveled portion of any roadway or alley or with visibility at any intersection, traffic -control light or sign, or otherwise endangers life or property. NUISANCE: Any tree or shrub or portion thereof which, due to death, disease, manner of growth or any other factor, may cause or promote the spread of insects or disease or may cause an annoyance to the general public. EXCESSIVE NUISANCE: Any property with three (3) or more calls for service deemed a founded nuisance. PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind and their legal representatives. PRIVATE PROPERTY: Includes all nonpublic property as defined herein. PRIVATE PROPERTY OWNER: The contract purchaser if there is one of record, otherwise the record holder of legal title as shown by the Waterloo city assessor's records. PUBLIC PROPERTY: Includes any and all property held in the name of the city by any of the departments, commissions or agencies within the city government and any and all property managed by the city by agreement with other governmental agencies or private persons. STREET: The entire width between property lines of every public way of whatever nature within the city when part thereof is open to the use of the public as a matter of right, for the purpose of vehicular or pedestrian traffic. TREES AND SHRUBS: Include all woody vegetation except where otherwise indicated. That Section 4, Weed Complaints, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 4, Weed Complaints, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: Ordinance No. 5389 Page 2 A. Code enforcement officers shall be responsible for the administration of this article. B. The implementation of the provisions of this article and the Waterloo weed complaint policies shall be the responsibility of the code enforcement department. The code enforcement department shall have concurrent authority to cause the standards and procedures of this article to be enforced and shall be authorized to direct the removal of any weeds, grasses or other herbaceous vegetation if such vegetation is located on private property and is declared a nuisance or hazard in accordance with this article. C. Abandoned properties and or lots: Abandoned properties and or lots confirmed to be excessive nuisances will be put on a list to be mowed in accordance with the city mowing contract. Cost for said mowing may be assessed to the taxes for the property. That Section 5, Notice to Property Owners, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 5, Notice to Property Owners, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: A. Upon receipt of a complaint or observation by code enforcement department, a notice shall be issued to the owner (as shown by the official records of Black Hawk County), agent, and/or person in possession or control of said property, describing the nuisance or hazard on said property. The first notice issued in respect of a given property in a calendar year shall demand abatement of the nuisance or hazard within five (5) days from the date of conspicuous posting at listed address, or parcel, and service by regular mail. Subsequent notices issued in respect of the same property in a calendar year shall demand abatement of the nuisance or hazard within three (3) days from the date of conspicuous posting at listed address or parcel, and service by regular mail. Failure of the owner to abate the growth within the time frame set forth herein may result in the city's abating said growth and assessing all costs associated therewith against the affected property. For purposes of this section, days shall be measured in calendar days. B. Notice required herein shall be given in the manner prescribed, stating that the property is in violation of this article, and that failure of the owner, agent, and/or person in possession of said property to abate the growth within the time frame set forth herein may result in the city's abating the growth and assessing costs of said action against the property. If the code enforcement department declares the growth to be an emergency, the city may perform any action required to abate said growth without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. That Section 6, Payment, Assessment of Costs, Appeal, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 6, Payment, Assessment of Costs, Appeal, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: A. Payment: Upon completion of the abatement of a weed hazard or nuisance as provided for herein, the city clerk shall demand payment for the costs of such abatement, plus applicable administrative fees, from the property owner by mailing a statement of the fees and charges to the last known address of the owner and/or person in possession as shown by the records of the county. Notice shall be by ordinary mail. Said statement shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days of the mailing date of the notice. Any delinquent fees and charges may be assessed against the property for collection in the same manner as a property tax, as provided in state law. B. Appeal: A property owner in receipt of a statement of fees and charges for a weed abatement who contests the statement may file a written appeal with the city clerk within ten (10) days of the postmarked date of the statement. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the statement of fees and charges shall thereupon become final. Hearing on Ordinance No. 5389 Page 3 the appeal before the city council or its designated committee shall be scheduled for a date within thirty (30) days of filing the appeal and shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the city council or committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. In the event the city council or committee waives the amount of the assessment by over half, the fifty dollar ($50.00) filing fee for the appeal will be refunded to the appellant That Section 7, Exceptions, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 7, Exceptions, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: The following shall be exceptions to the provisions of this article: A. Vegetable and/or flower gardens, purposefully planted, shall be permitted to exceed twelve inches (12") in height if they are maintained free of weed hazard or nuisance. B. Wood perennials, purposefully planted, shall be permitted to exceed twelve inches (12") if they are planted and maintained in compliance with this chapter. C. Nonnoxious weeds and other growth shall be permitted to exceed twelve inches (12") in height upon those properties within the corporate city limits upon which development has never occurred and which are not located within three hundred feet (300') of any developed area's closest property line, so that uncontrolled growth will constitute a weed hazard or nuisance to developed areas. That Section 8, Violation; Penalty, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 8, Violation; Penalty, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: It is unlawful for any owner or person in possession of any lot, parcel or tract of ground situated within the city, to permit a weed hazard or nuisance to grow thereon or upon the abutting right of way as provided in this article. Failure of the owner to abate the growth within the time frame set forth herein may result in the city's abating said growth and assessing all costs associated therewith against the affected property. For purposes of this section, days shall be measured in calendar days. INTRODUCED: February 20, 2017 PASSED 1St CONSIDERATION: February 20, 2017 PASSED 2nd CONSIDERATION: February 20, 2017 PASSED 3rd CONSIDERATION: February 20, 2017 PASSED AND ADOPTED this 20th day of February 2017. uentin Hart, Mayor Ordinance No. 5389 Page 4 ATTEST: elley Felchl City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5389 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 20th day of February 2017. Witness my hand and seal of office this 20th day of February 2017. Kelley Fel City Clerk C Abandoned properties and or Tots:" Abandoned properties and or lots con- firmed to be excessive nuisances will be ,..put on a list to be mowed in accordance with the city mowing contract. Cost for said mowing; may be assessed to the taxes for the: property. That Section 5, Notice to .Property OwnersArticle B., Weeds, Chapters Vegetations of Title 7,-.' Public Ways and Properly, be repealed in Its entirety and enact In lieu thereof a new Section 5, -Notice to Property Owners,: Article 6., Weeds, Chapter 5 Vegetation,' of Title 7, Public Ways and Property as follows. A Upon receipt of a complaint or obser- vation by code enforcement department, a nofioe shalfbe issued to the owner (a5: shown by :the official, records of Black= Hawk County), agent, and/or ;person in possession or control of said property, describing the nuisance or Nazar on said property. The first notice issued in'. respect of a given property In a calendar' year shall demand abatement of the nui- sance or hazard within five (5) days from the dale of conspicuous posting at listed- address or parcel, and service by regular mail. Subsequent notices issued in re- spect of the same property in a calendar year shall demand abatement of the nui-. sane or hazard Within three (3)days from the date of conspicuous posting at listed address or parcel, and service by regular mail. Failure of the owner to abate the growth within the time frame set forth' herein may result In the city's abating said growth and assessing all costs as- sociated thei'awith against the affected' property. For purposes of this section, days shall be measured in calendar days. B. Notice required herein shall be given in the manner proscribed stating that the property Is In violation of this article, and that failure of the owner, agent, and/ or person in possession of said property to abate the growth within thetlme frame sat forth heroin may result In the city's' abating the growth and assessing costs of said action against the property. 1f the code enforcement department declares: the growth to be an emergency, the city.. may perform any action required to abate:. said growth without prior notice and assess any and all costs of said action to the property as provided herein An 'emergency5 shall be any act or omis- sion of the properly owner, agent, and/or Ion which constitutes a halt in possession mi P I one oriire harem, Aaaes mnt Thaoleo health, safety,anyone. Cost , Appeal, 6,,Payment, Assessment Cha pf Costs, Vegetation, n,Aof T 6., Weeds, Chap- ter 5, Property, ,io a re Tiearl 7, Public e Wavy and Pact in lieu bu hemotad ia aS entirety 6, and enact lnaaamant 05 nests, Appne Payma0. Assessment of Costs Appeal, of Title 0., Public Cas an 5, Property as Of floe 7, Public Ways and Props y as fellows: A. Payment; Upon completion nuisance the asatemedt df a weed ein, th or ity as provided for payment the city clerk shallh demandatepayment mr the casts of such veafees, us aa proper) admin- istrative ymtiae fees, from t properly owner'. by snt aelst statement of the foes and chargesthe One lap known address of asta owner anther person inof possession eco my. ce s ll the recordsof the county Notice ancilla by aordinaryarid able Said Maiemeat shallbe due payable upon net and shall become del the mail- ing I- nt paid withth ten Lice days od lin n date of the eAny assessed t fees and chargesperl may bei assessed against the property ay rot collection0,in the same manner as a property tax, as pro- vided A estate law. 05 Appeal: property owner In receipt ofed abatement t who and ststhestara meed abatement who contests the state- ment may the a ten appeal with the may eddatlerk e of ten (10)t daymen, An apost marked dee off fifty dollars An admin- istrative ptid fee fifty ppeali ($ le 00(murt be paid when the appeal filed Failure tor the the aphand pay 0) adminis- trative shall cone fee within wain said of ten rgdays 5 e ar- 119,constitutehe:wawer of the right to a hear- ing, hatd theeupon be offeesal. barinchargg. es shall thereupon become icy council ncnng on tea gnaed omni tee sty sohd- sched- uledfor a designatedcommittee(0ll )bascoff ilgofarmpealandfnthl b (sc)edysof fil- ing theappealshall0)mescheduledth, no uch tddnohiaty(30) minutes in angor, or sootnit ee In its time the ion May council e or c necessary. n its appellant d may deem tions tae 15 the hesmdesiresads-: addi- tional the he coo must cok ni,tle cat ties to the Baty days council or committee ha hearing g t leas The appeal days ring to shall b simple ate The cal, without hout re ardif be simple and as oet stela it techni- calities admiss of procedureiea Ties regarding or committee ay cense erTha ye evidence or committeemayconsider any If considers employ nes Writteingummaries of city employees, Written ,summaries and othmweight to the idences,antl ori ive such wertteAter suchee6It the ciders ty warranted.r Attar hearing the whethethe council acommitteeunofshallthe dsesSlnme whether a armed, of the nor aived. should et affirmed, reduced, contained wmPoed In Such determination shall sebe w a thwritten decisioneand shall 0e days afterte the city nigany ten (10) days ionthe hearing, ore any thcontinued cses- sion nci ocroseoe'e me es the amount ocothe or assessment waives elf, of the I: 050.00) filing over the a the fitly dollar ratonde flog enc for the appes will pe roi0nded to the appellant STATE OF IOWA, } Black Hawk County, SS ORDINANCE N0.5399 That Section 7, Exceptions, Article 0 f AN ORDINANCE AMENDING THE 2007 Weeds, Chapter 5, Vegetation of Title 7, CODE OF ORDINANCESY' THE REPEALING PubiMiWays ys ad d Poactpntieu erepealed in OF WATERLOO, IOWA, 8 w ARTICLE 1- DEFINITIONS, ARTICLE 8-4 Section 7,I Exceptions, Article B., Weeds, - WEED COMPLAINTS, ARTICLE 0.5 - Chapter 5, Vegetation, of Title 7, Public NOTICE 70 PROPERTY OWNERS, AR- Ways and: Property as follows: The fol- TICLE 8-6 - PAYMENT ASSESSMENT OF lowing shall be exceptions to the provi- COSTS, APPEAL, ARTICLE 6-7 - EXCEP- stuns of this article. TIONS, ARTICLE 8.6 VIOLATION; PEN A Vegetable and/or flower gardens pur ALTY, OF CHAPTERS VEGETATION, OF poselully'planted shall be permitted to TITLE 7 - PUBLIC WAYS & PROPERTY exceed twelve inches (12) in height 'rf AND ENACTING IN LIEU THEREOF A they are maintained free of weed hazard NEW ARTICLE1- DEFINITIONS, ARTICLE or nuisance 0-4- WEED COMPLAINTS, ARTICLE 0-5 B Wood perennials, purposefully plant- -:NOTICE TO PROPERTY OWNERS, AR ed shall be permitted to exceed twelve TICLEB-6- PAYMENT, ASSESSMENT OF inches (121 If they are planted and main - COSTS, aiCOSTS APPEAL, ARTICLE 64 EXCEP tafned }5 compliance with this chapter. TIONS, ARTICLE B-8- VIOLATION,,: PEN G Nonnexius weeds and: other growth ALTY, OF CHAPTER 5- VEGETATION, OF shall be permitted to exceed twelve TITLE 7- PUBLIC WAYS & PROPERTY motes (121 In height upon those proper 6E 17 ORDAINED BY THE CITY COUNCIL ties within the corporate city limits upon OF THE CITY OF WATERLOO, IOWA AS which development has never occurred FOLLOWS: That Section 1, Definitions, anddmtl hear (not t') cated of dywithin three of:Chapter 5, Vegetation, of Title 7, it d Ways and Property, be repealed in its en- areas closest property line so that un tirety and enact in lieu thereof a new Sec- controlled growth will constitute a weed tion 1, Definitions, of Chapter 5, Vegeta hazard or nuisance to developed area& lion, of Title 7, Public Ways and Property That Section 8, Violation; na lt as follows: Unless otherwise expressly B Westli Chapter 5gPt A Article Title stated or the context clearly indicates a7 Public WaysaPro Property, bere repealed d rety shall have intention, folio ing meanings nterms mIfsection and Violation; melieu thereof mice chap have the following meanings in this 6� Weeds,, Chapter 5, Vegetation, of T tie le chapter: Public Was and Propertyas follows: HAZARD. Any tree orw lk or he t inter -7, y teres with of any roadway or the traveled0 possession Is uawnul for ynl owarcel ror trod of erson in vodmn clam {aadwey io , tra is with rond situated nwithinthe city, to per- trot er trot light or any torr otherwla facia ten- g lrot r pt property.or yn or omertvise endangers mR a weed honard ar utiing rig to way row NUISANCE:4 as pion deupon me abuttingeFailure of why NUISANCE: Anydue to shrub or portion owner to this growth within the time `. thereof which,;thc to death,disease, fmme set forth herein may result In the manner of growth of any suer tactor, may cause ea01 athe spread nny city's tabating s roosaid d growth ereand assessing e sec% or to e tiedisease or may an annoy- aall ffected property.ste For purposes ioftthis EXCESSIV general public.CE:ha p m EXCESSIVE (3) or more Any servile section,daysshall be measured in cal- with t with three ou de more Calls for Service INTRODUCED: PERSON' Any individual, d ancai PASS D 1st C: February 20, 2017 shipass Any ,oora firm, partner- PASSEDl st CONSIDEy RATION: 20, 2017 '. ship,association; any kind ion,and coheirpa al rpegenta ive of anq Mnd and their legal PASSED 2nd GONSIOEFRebruOttyy'20, 2017 representatives. PRIVATE PROPERTY; da Includes all non- PASSED 3rd CONSIDEFbbruary 20, 2017 public E PROPER defined herein' tract purchaser has n t Tara5onOWNER: f re con PASSED AND ADOPTED this 20th day of tract purchhser it here is one of gal tr a Febmany Haiti as shown n the retard holder yef asses Chia Quentin FES:KelMayor Ci Clerk as shown by the Waterloo say assessor's ATTEST: Kelley Felahie, City PUBLIC UBrds. and aft propPROPERTY: heldinthename of thes e city by any of the departments commissions or lagencies within the city government and any and all property managed by the city by agreement with other governmental. agencies or private persons STREET: The entire width between prop- erty lines of every public way of whatever nature within the city when part thereof Is ( open to the use of the public as a matter of right, for the purpose of vehicular or pedestrian traffic. TREES AND SHRUBS: Include all woody vegetation except where otherwise Indi- cated. That Section 4, Weed Complaints, Article 0., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property, be repealed in its entirety and enact in lieu thereof a new Section 4;. Weed Complaints, Article B., Weeds, Chapter 5, Vegetation, of Title 7, Public Ways and Property as follows: A. Code enforcement officers shall be responsible forme administration of this'. article. 6. The Implementation of the provisions of this articles and the Waterloo weed complaint policies shall be the respon- sibility of the code enforcement depart- ment. The code enforcement depart- ment shall have concurrent authority to cause the standards and procedures of this article to be enforced and shall be authorized to direct the removal of any weeds grasses or other herbaceous vegetation if such vegetation is located on private property and i5 declared a nuisance or :hazard in accordance with this article I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance 5389 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 21st day of March, 2017 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $105.95 V I 4 Signed Subscribed and sworn to before me this act _____ � A.D., 20 17 Day of ( Received of Y IIlC kieliti: j Notary Publc the sum of Dollars. In full for publication of the above notice.