HomeMy WebLinkAbout4443-11/06/2000 BLACK HAWK COUNTY IOWA:SS 020042
MISC Filed for record APR 4 , 2001 at
INDEX Sti. 4:00 P.M. and recorded i n Book 342
MARGIN
eg,Ze. 1;›,4L,) atPage230PROOF �' RECORDER
COMPA FEE 1-20
CITY OF WATERLOO
ATTN: NANCY ECKERT
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4443
AN ORDINANCE AMENDING CHAPTER 23%, LITTER CONTROL, OF THE
CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY:
REPEALING SUBSECTIONS (g) AND (h) OF SECTION 23%-2 ,
DEFINITIONS; SECTION 23%-3 , ADMINISTRATION AND ENFORCEMENT;
SUBSECTION (d) OF SECTION 23%-7, STORING OF REFUSE AND
TRASH; SUBSECTIONS (a) (1) (B) AND (a) (3) , (c) , (d) , AND
(h) (2) AND (h) (3) OF SECTION 23%-7 . 1, JUNK MOTOR VEHICLES;
SECTION 23%-20 . 1, REFUSAL OF ADMITTANCE; AND SECTION 23%-25,
ADMINISTRATIVE ORDER; AND ENACTING IN LIEU THEREOF NEW
SUBSECTIONS (g) AND (h) OF SECTION 234-2 , DEFINITIONS;
SECTION 23%-3 , ADMINISTRATION AND ENFORCEMENT; SUBSECTION
(d) OF SECTION 23%-7, STORING OF REFUSE AND TRASH;
SUBSECTIONS (a) (1) (B) AND (a) (3) , (c) , (d) , AND (h) (2) AND
(h) (3) OF SECTION 23%-7 . 1, JUNK MOTOR VEHICLES; SECTION 23%-
20 . 1, RIGHT TO ENTER PROPERTY AND REFUSAL OF ADMITTANCE; AND
SECTION 23%-25, ADMINISTRATIVE ORDER; AND REPEALING
SUBSECTION (j ) OF SECTION 23%-7 . 1, JUNK MOTOR VEHICLES, AND
SECTION 23%-23 , COMMUNITY IMPROVEMENT DIVISION; DUTIES AND
RESPONSIBILITIES OF SUPERVISOR AND INSPECTORS .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Subsections (g) and (h) of Section 23%-2 , Definitions;
Section 23%-3 , Administration and enforcement; Subsection (d) of
Section 23%-7, Storing of refuse and trash; Subsections (a) (1) (B)
and (a) (3) , (c) , (d) , and (h) (2) and (h) (3) of Section 23%-7 . 1,
Junk motor vehicles; Section 23%-20 . 1, Refusal of admittance; and
Section 233-25, Administrative order, of Chapter 23% are hereby
repealed in their entirety; that new Subsections (g) and (h) of
Section 23%-2 , Definitions; Section 23%-3 , Administration and
enforcement; Subsection (d) of Section 23%-7, Storing of refuse
and trash; Subsections (a) (1) (B) and (a) (3) , (c) , (d) , and (h) (2)
and (h) (3) of Section 23%-7 . 1, Junk motor vehicles; Section 23%-
20 . 1, Right to enter property and refusal of admittance; and
Section 23%-25, Administrative order, of Chapter 23% are hereby
enacted in lieu thereof as follows :
CHAPTER 23%. LITTER CONTROL
Sec. 23%-2 . Definitions.
(g) Enforcement Authority means the Black Hawk County
Health Department, Neighborhood Services, and the Building
Department code enforcement officers .
(h) Garbage means all solid and semi-solid, putrescible
animal and vegetable wastes and shall include all such substances
from all public or private establishments or from all residences .
0342 PAGE 230
Ordinance No. 4443
Page 2
Sec . 231A-3 . Administration and enforcement.
The administration and enforcement of the provisions of this
chapter shall be the duty of the code enforcement officers .
Sec. 231A-7 . Storing of refuse and trash.
(d) Junk. It shall be unlawful for any person to place or
leave outside any building or dwelling any dilapidated furniture,
appliance, machinery, equipment, building material, or other item
which is either in a wholly or partially rusted, wrecked, junked,
dismantled or inoperative condition, and which is not completely
enclosed within a building or dwelling. Any such items or items
which remain on the property of the occupant for a period of ten
(10) days after notice of violation of this section shall be
presumed to be abandoned and subject to being removed from the
property by the city without further notice . This does not
preclude the code enforcement officer from granting an extension
to abate the violation after giving consideration to the totality
of the circumstances, including but not limited to, the weather,
feasibility of abatement within ten (10) days of the notice, any
past dealings with the violator, and the type of items involved
in the violation. This shall not apply to authorized junk
dealers or establishments engaged in the repair, rebuilding,
reconditioning, or salvaging of equipment .
Sec . 231/-7 . 1 Junk motor vehicles .
(a) Definitions:
(1) Junk motor vehicle means any unlicensed motor
vehicle stored within the corporate limits of the City of
Waterloo, Iowa, and/or which has any of the following
characteristics :
A. Any vehicle which has become the habitat of
rats, mice, or snakes, or any other vermin or insects .
B. Any vehicle if it lacks an engine or one (1)
or more wheels or tires or other structural parts which
render said motor vehicle totally inoperable or unable
to move under its own power.
C . Any other vehicle which, because of its
defective or obsolete condition, in any other way
constitutes a threat to the public health or safety.
(3) Code enforcement officer means the duly authorized
person charged with enforcing the provisions of this chapter
and this Code as designated by the Building Official or
Neighborhood Services Coordinator.
(c) Notice of violation. Upon discovery of any junk motor
vehicle stored upon private property within the corporate limits
of the city, the code enforcement officer shall notify the owner
of the junk motor vehicle, all lienholders, if they can be
identified, and the owner of the property by delivering a copy of
the notice to the individual personally; or by serving, at the
0342PAGE231
Ordinance No. 4443
Page 3
individual ' s dwelling house or usual place of abode, any person
residing therein who is at least eighteen (18) years old; or upon
the individual ' s spouse at a place other than the individual ' s
dwelling house or usual place of abode; or by sending a copy
thereof certified mail , return receipt requested. This notice
shall contain the following information:
(d) Abatement. If the owner of the vehicle or the owner of
the property upon which the junk motor vehicle is located fails
to remove or repair the vehicle in accordance with the terms of
the provisions of this section, the code enforcement officer
shall abate such nuisance by causing the junk motor vehicle to be
removed and impounded and sold or disposed of as specified
herein, and, the cost of abatement shall be charged to the owner
of the junk motor vehicle and/or the owner of the property.
(h) Hearing;
(2) A request for a hearing shall be made in writing
and filed with the city clerk and the code enforcement
officer within the ten (10) day limit or:
A. The right to a hearing shall be considered
waived, and
B. It will be conclusively presumed that the
nuisance or prohibited condition exists and it must be
abated as ordered.
(3) The city clerk shall, within fifteen (15) days
after the filing of the request for hearing, fix the time
and place of hearing, which shall be within thirty (30) days
of the filing of the request .
Sec. 23%-20 . l. Right to Enter Property and Refusal of admittance.
Those authorized to enforce this chapter shall have the
absolute right to enter upon private property for the purpose of
investigating any complaints relating to this chapter. In the
event the code enforcement officer, in proceeding to enter any
premises for the purpose of making an inspection in order to
carry out the provisions of this chapter, is refused entry, the
occupant or owner of the premises refusing such entry may be
issued a citation by the code enforcement officer.
Sec. 23%-25 . Administrative order.
Whenever the code enforcement officer determines that a
public health nuisance exists which requires immediate action to
protect the public health, said official may issue an order
citing the existence of the public health nuisance and require
that action be taken as she or he deems necessary. The action
required by said official shall depend upon, but not be limited
to, the nature of the condition, the danger to the public health
which the condition presents, the condition or deterioration of
the premises, or the time reasonably necessary to take the
required action. If the owner or occupant does not comply with
the order within the time frame specified in said order, said
0342 PAGE 232
Ordinance No. 4443
Page 4
official may authorize the taking of the action specified in the
order. Any costs incurred in abating the public health nuisance
may be assessed to the owner of the property personally, to the
property, or both. This remedy does not preclude the issuing of
a citation or the applicability of section 23%-2l for a violation
of this ordinance .
That Subsection (j ) of Section 23%-7 . 1, Junk motor vehicles,
and Section 23 -23 , Community improvement division; duties and
responsibilities of supervisor and inspectors, are hereby
repealed in their entirety.
INTRODUCED: November 6, 2000
PASSED 1ST CONSIDERATION: November 6, 2000
PASSED 2ND CONSIDERATION: November 6, 2000
PASSED 3RD CONSIDERATION: November 6, 2000
PASSED AND ADOPTED by the City Council on this 6th day of
November, 2000, and approved by the Mayor this 8th day of
November, 2000 .
Joh R.Jooff, Mayor
ATTEST:
t'CLt ±
Nancy Ec •3 t, City Clerk
CERTIFICATE
I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete
copy of Ordinance No. 4443 , as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 6th day of November, 2000 .
Witness my hand and seal of office this 8th day of November,
2000 .
Nancy E ert, City Clerk
0342 PAGE 233