HomeMy WebLinkAbout4202-10/21/1996 ORDINANCE NO. 4202
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES TO THE CITY OF WATERLOO, IOWA BY:
REPEALING SECTION 35-22.1, NOTICE TO PROPERTY
OWNERS; AND SECTION 35-23 , PAYMENT OR
ASSESSMENT OF COSTS, OF DIVISION 3,
REGULATIONS, OF ARTICLE III, WEEDS, OF CHAPTER
35, VEGETATION; AND ENACTING IN LIEU THEREOF
NEW SECTION 35-22. 1, NOTICE TO PROPERTY
OWNERS; AND SECTION 35-23, PAYMENT OR
ASSESSMENT OF COSTS, OF DIVISION 3,
REGULATIONS, OF ARTICLE III, WEEDS OF CHAPTER
35, VEGETATION.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA:
That Section 35-22. 1, Notice to Property Owners; and Section
35-23 , Payment or Assessment of Costs, of Division 3 , Regulations,
of Article III, Weeds, of Chapter 35, Vegetation, of the 1993 Code
of Ordinances of the City of Waterloo, Iowa, are hereby repealed in
their entirety; that a new Section 35-22.1, Notice to Property
Owners; and a new Section 35-23, Payments or Assessment of Costs,
of Article III, Weeds, of Chapter 35, Vegetation, are hereby
enacted in lieu thereof as follows:
Sec. 35-22. 1 Notice to property owner.
(a) Upon receipt of a complaint or observation by the weed
inspector or his/her designee, a notice shall be issued to the
owner (as shown by the official records of Black Hawk County) ,
agent, and/or person in possession of said property,
describing the nuisance or hazard on said property. The
notice shall request abatement of the nuisance or hazard
within five ( 5) days from the date of service as evidenced on
the return, or if by certified mail, from the date of mailing
as evidenced by the certified mail book at the post office
where mailed. 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. Any repeat
violations on the same property within the same growing season
may result in an increase costs by an amount equal to the
number of incidents multiplied by the base administrative fee
as determined by the weed inspector or his/her designee.
(b) Notice required herein shall be by ordinance or certified
mail, stating that the property is in violation of said
ordinance, 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 weed inspector or the fire or health
departments declare 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 by any
act or omission of the property owner which constitutes a
health, safety, or fire hazard to anyone.
Sec. 35-23. Payment or assessment of costs.
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, from the property owner by
mailina a statement of the fee 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 as evidenced by the date of said
mailing. Any delinquent fees may be assessed against the
property for collection in the same manner as a property tax,
as provided in state law.
INTRODUCED: October 21, 1996 A
PASSED 1ST CONSIDERATION: October 21, 1996 E00x 325P�GE454
" - Ordinance No. 4202
Page 2
PASSED 2ND CONSIDERATION: October 21, 1996
PASSED 3RD CONSIDERATION: October 21, 1996
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 21st day of October, 1996, and approved by
the Mayor on the 23rd day of October, 1996.
_ r
ir
John ' . R"•off, Mayo,
ATTEST:
L'//)kl(
a24
Nan rt, Deputy City Clerk
CERTIFICATE
I , Nancy Eckert, Deputy City Clerk of the City of Waterloo,
Iowa, do hereby certify that the preceding is a true and complete
copy of Ordinance No. 4202, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 21st day of October, 1996.
Witness my hand and seal of office this 23rd day of October,
1996.
, i„
SEAL Nan E ert, Deputy City Clerk
Misc
INDEX
MARGIN
PROOF
COMPAR
21651
BLACK HAWK COUNTY IOWA:SS
c'' Filed for recon May 21 97
a-- ?. .M. --"�..�.' 19 atTY
-cordial Bo
4. M.s and recorded in Boo_ OT(71
a�
' Rscoriet Fe
CITY OF WATERLOO
En 325PHGF455
a1. Vim. y
-)243 �
•
:STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal . Waterloo, City of
Black Hawk County, Ordinance #4202
notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in
Waterloo,Black Hawk County,Iowa,once commencing on the 28th
day of May 19 9 7 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.
notice shall request abatement of titer's Bill$ 32.19 •
the nuisance or hazard within five
(5)days from the date of service as
evidenced on the return, or if by •
certified mail,from the date of mail-
ing as evidenced by the certified
mail book at the post office where
mailed. Failure of the owner to , •
abate the growth within the time ,(/-° J '
frame set forth herein may result in -
the City's abating said growth and •
assessing all costs associated Signed
• therewith against the affected
property. Any repeat violations on
tgreowing
same propertyasonmway result
sin an
growing season may result in an
increase costs by an amount equal Subscribed and sworn to before me this ' 9.( eday of
to the number of incidents multi •
-
plied by the base administrative fee
as determined by the weed inspec-
tor or his/her designee. / A.D. 199,7
(b) Notice required herein shall be Y
- by ordinance or certified mail, stat-
ing that the property is in violation
of said ordinance,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 NotaryPublic
against the property. If the weed
inspector or the fire or health
departments declare the growth to
be an emergency,the City may per-
form any action required to abate
-said growth without prior notice, Received of
and assess any and all costs of
said action to the property as pro-
vided herein. An emergency shall .
ORDINANCE NO.4202 by any act or omission of the prop-
, AN ORDINANCE AMENDING erty owner which constitutes a
THE 1993 CODE OF ORDI- health,safety,or fire hazard to any-
NANCES TO THE CITY OF one. •
WATERLOO,IOWA BY: Sec. 35-23. Payment or assess- the sum of
REPEALING SECTION 35.22.1, ment of costs. -
NOTICE TO PROPERTY OWN- Upon completion of the abatement
ERS; AND SECTION 35-23, of a weed hazard or nuisance as ir
-
PAYMENT OR ASSESSMENT provided for herein,the City Clerk Dollars
OF COSTS, OF DIVISION 3, shall demand payment, for the
REGULATIONS,OF ARTICLE III, costs of such abatement,from the
property owner
mailing
ATON;AND ENACTING IN LIEU meof hfee to helatknown in full for publication of the above notice.
THEREOF NEW SECTION 35- address of the owner and/or per-
22.1, NOTICE TO PROPERTY son in possession as shown by the
OWNERS; AND SECTION 35- records of the county. Notice shall
23, PAYMENT OR ASSESS- be by ordinary mail. Said state-
MENT OF COSTS, OF DIVI- ment shall be due and payable
SION 3, REGULATIONS, OF upon mailing and shall become •
ARTICLE III, WEEDS OF CHAP- delinquent if not paid within ten(10)
TER 35,VEGETATION. days of the mailing date of the
BE IT HEREBY RESOLVED BY notice as evidenced by the date of
THE CITY COUNCIL OF THE CITY said mailing Any delinquent fees
•
OF WATERLOO,IOWA: may be assessed against the prop-
That Section 35-22.1, Notice to erty for collection in the same man •
-
Property Owners;and Section 35- ner as a property tax,as provided
23, Payment or Assessment of ' in the state law °
Costs,ggof Division 3,RegulaII,Weeds,of tions,of INTRODUCED: October 21,1996 •
Article 1996.
Oter 35, PASSED 1ST CONSIDERATION: -
Vrdinanlces of the City of the of 3Code of
PASSED 2er N ONSIDERATION:
Iowa,are hereby repealed in their October21,1996
entirety;that a new Section 35- PASSED 3RD CONSIDERATION: -
22.1, Notice to Property Owners; October21,1996
and a new Section 35-23, Pay- PASSED AND ADOPTED by the
ments or Assessment of Costs,of City Council of the City of
Article III,Weeds, of Chapter 35, Waterloo, Iowa,on the 21st day of
•
Vegetation, are hereby enacted inOctober,1996,and approved by
lieu thereof as follows: the Mayor on the 23rd day of Octo- - - '-
ec.35.22.1 Notice to property ber,1996. _ . --__
owner. John R.Rooff,Mayor °
(a) Upon receipt of a complaint or ATTEST: • .
observation by the weed inspector Nancy Eckert,Deputy City Clerk
or his/her designee,a notice shall - .. —
be issued to the owner(as shown
by the official records of Black
Hawk County),agent, and/or per- • .
son in possession of said prop-
erty,describing the nuisance or
hazard on said property. The ..