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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Article III, Weeds, of Chapter 35, Vegetation, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that a new Section 35-22.1, Notice to Property Owners; and a new Section 35-23, Payments or Assessment of Costs, of Article III, Weeds, of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. 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