HomeMy WebLinkAbout4249-08/25/1997 ORDINANCE NO. 4249
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO:
BY ADDING ARTICLE V, WASTE AND USED TIRES, TO
CHAPTER 14, FIRE PREVENTION AND PROTECTION;
AND
BY REPEALING SECTION 16-12, RUBBISH AND TRASH
NEAR BUILDINGS, OR IN CELLARS OR ALLEYS
PROHIBITED; MAY BE ABATED AS A NUISANCE; OPEN
BURNING PROHIBITED, OF CHAPTER 16, GARBAGE
AND REFUSE; AND ENACTING IN LIEU THEREOF A
NEW SECTION 16-12, RUBBISH AND TRASH NEAR
BUILDINGS, OR IN CELLARS OR ALLEYS
PROHIBITED; MAY BE ABATED AS A NUISANCE; OPEN
BURNING PROHIBITED, OF CHAPTER 16, GARBAGE
AND .REFUSE.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That Article V, Waste and Used Tires, of Chapter 14 , Fire
Prevention and Protection, is hereby added to the 1993 Code of
Ordinances of the City of Waterloo, Iowa, as follows :
ARTICLE V. WASTE AND USED TIRES
Sec. 14-100 . Jurisdiction.
Enforcement of this ordinance shall be the responsibility of
Waterloo Fire Rescue of the City of Waterloo, Iowa, and the Black
Hawk County Health Department .
Sec. 14-101 . Purpose.
This ordinance shall be broadly construed to effectuate the
purpose of safeguarding the life, safety, and health of the
public . To that end, there shall be a limit on the number of used
or waste tires which may be stored within the city limits of the
City of Waterloo.
Sec . 14-102 . Definitions .
(a) "Waste Tire" means a tire that is no longer suitable
for its original intended purpose due to wear, damage, or defect .
A waste tire shall not include a non-pneumatic tire.
(b) "Used Tire" means any tire other than a new or waste
tire.
(c) "New Tire" means any tire which has not been used for
any purpose other than for sale.
Sec. 14-103 . Storage of Waste Tires .
(a) With the exception of those tires mounted on any
operable vehicle, no person shall have more than two hundred
(200) waste tires on any one property or on numerous properties
under their ownership, management, or. control .
(b) All tires shall be properly stored in tire storage
racks in such a manner as to prevent their becoming breeding
grounds for mosquitoes or pose any public health problem.
(c) In any area zoned residential as set out in the Zoning
Ordinance of the City of Waterloo, or used or platted for
BOOK 32?PAOF 8861
ORDINANCE NO. 4249
PAGE 2
residential purposes, there shall be no more than eight (8) waste
or used tires or any combination thereof, and said tires shall be
stored at all times in a fully enclosed structure .
Sec . 14-104 . Storage of Used Tires .
(a) With the exception of those tires mounted on any
operable vehicle, no person shall have more than three hundred
(300) used tires on any one property or on numerous properties
under their ownership, management, or control .
(b) All tires shall be properly stored in tire storage
racks in such a manner as to prevent their becoming breeding
grounds for mosquitoes or pose any public health problem.
(c) In any area zoned residential as set out in the Zoning
Ordinance of the City of Waterloo, or used or platted for
residential purposes, there shall be no more than eight (8) waste
or used tires or any combination thereof, and said tires shall be
stored at all times in a fully enclosed structure.
Sec. 14-105 . Appeal .
Anyone who is aggrieved by an order of the Fire Chief to
comply with this ordinance may within ten (10) days of said order
submit in writing the reason(s) for said non-compliance. The Fire
Chief, in consultation with the Black Hawk County Health
Department, shall review the appeal and may within thirty (30)
days of the date of the appeal, order compliance or grant a
variance. Said review shall be to determine if non-compliance
will substantially affect the life, safety, or health of the
public . In the event the Fire Chief, after consultation with the
Black Hawk County Health Department, orders compliance and the
grievant fails to do so, the Fire Chief may issue a citation for
a violation of this ordinance subject to the penalty provisions
as set forth herein.
Sec. 14-106 . Presumption.
Any tire found on a property shall be presumed to be placed
there by the owner of said property or if said owner does not
reside at the property, the occupant thereof . It shall be the
sole responsibility of the property owner or occupant of the
property on which any tires are placed to report whom was
responsible for the placement of said tires . Such report shall be
to the Fire Chief of the City of Waterloo or his/her designee .
Sec. 14-107 . Penalty.
Penalty for any violation of Article V of Chapter 14 shall
be as follows :
(a) First offense shall be One Hundred Dollars ($100 . 00) in
addition to any equitable relief.
(b) Each subsequent offense shall be Two Hundred Dollars
($200 . 00) in addition to any equitable relief .
That Section 16-12, Rubbish and Trash Near Buildings, or in
Cellars or Alleys Prohibited; Abatement as a Nuisance; Open
Burning Prohibited, of Chapter 16, Garbage and Refuse, of the
1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby
repealed in its entirety; that a new Section 16-12 , Rubbish and
Trash Near Buildings, or in Cellars or Alleys Prohibited;
Abatement as a Nuisance; Open Burning Prohibited, of Chapter 16,
Garbage and Refuse, of the 1993 Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted in lieu thereof as follows :
BOOK 327 MG 887
ORDINANCE NO. 4249
PAGE 3
Sec. 16-12 . Rubbish and trash near buildings, or in cellars or
alleys prohibited; abatement as a nuisance; open
burning prohibited.
(a) Any person who shall throw, deposit or place in or
about any building or cellar or in or upon any street or alley or
allow to remain in such building or cellar or upon any such
street or alley, any boxes, paper, garbage, refuse, yard waste,
or other rubbish of any kind or character whatsoever, shall be
deemed guilty of an offense. Boxes, papers, garbage, refuse, yard
waste, or other rubbish which has been thrown, deposited or
placed in or about any building or cellar, street, or alley in
the City, or which has accumulated in such places shall be deemed
a nuisance and may be abated. All open burning of garbage and
refuse, except yard waste shall be prohibited. The burning of
yard waste may be banned at the discretion of the Fire Chief
should conditions not be suitable. Burning shall be done in
accordance with City ordinance and any rules established by the
Fire Chief . Such burning may be abated as a nuisance upon
complaint and the costs assessed in the same manner as property
taxes . Individuals responsible for calls for successive incidents
and complaints may also be subject to citation.
(b) Presumption. Any tire fires on any property shall be
presumed to be set by the property owner, or if said property
owner does not reside there, the occupant of the property. It
shall be the sole responsibility of the property owner or
occupant to report whom was responsible for the fire if said fire
was not set by said owner or occupant .
INTRODUCED: August 11, 1997
PASSED 1ST CONSIDERATION: August 11, 199.7
PASSED 2ND CONSIDERATION: August 18, 1997
PASSED 3RD CONSIDERATION: August 25, 1997
PASSED AND ADOPTED by the City Council this 25th day of
August, 1997, and approved by the Mayor this 27th day of August,
1997 .
I. _
•oh'": oof f, Mayor joi�
ATTEST:
Nan:e rt, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4249, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 25th day of August, 1997 .
Witness my hand and seal of office this 27th day of August,
1997 .
Nancy E 1ert, City C,lek <,
BOX 327N:4388
Misc
INDEX `
MARGI
PROOF
COMPA EV—. 8744
BLACK HAWK COUNTY IOWA:SS
Filed for record Oct 30, 1997 at
4:00 P. M. and recorded in Book 327
of MISC Page 886
—‘11.07). Recorder
Recorder
Fee 1-15.,
City of Waterloo
et
BOOK 327 PACE 889
FORM 1 1T. .
STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal ,Waterloo, City of
Black Hawk County, Ordinance 4249
�‘ Waterloo, Iowa,is hereby enacted
In lieu thereof as follows:
Sac. 16-12, Rubbish and trash
near buildings,or in cellars or alleys
ORDINANCE NO.4249 prohibited;abatement as a nui-
AN ORDINANCE'"AMEND,`JG Same;open burning hprohibied.
THE CODE CI1YRO1.F (a)de Any person who shallthrow,any, waspublished in the Waterloo-Cedar Falls Courier, a daily newspaper printed in
NANCES OF THE CITY OF deposit or place in or about any�
WATERLOO: building or cellar or in or upon any
BY ADDING ARTICLE V,WASTE street or alley or allow to remain in
AND USED TIRES,TO CHAPTER such building or cellar or upon any-loo Black Hawk Count Iowa,once commencing on the 3rd
14, FIRE PREVENTION AND such street or alley,any boxes, y,
PROTECTION;AND BY REPEAL- paper,garbage.refuse,yard waste, .
ING SECTION 16-12,RUBBISH or other rubbish of any kind or char- ,
AND TRASH NEAR BUILDINGS, actor whatsoever,shall be deemed r November
OR IN CELLARS OR ALLEYS guilty of an offense.Boxes,papers,f 19 97 in the name of
PROHIBITED;MAY BE ABATED garbage, refuse, yard waste, or
AS A NUISANCE;OPEN BURN- other rubbish which has been .
ING PROHIBITED, OF CHAPTER thrown, deposited or placed in or
16, GARBAGE AND REFUSE; about any building or cellar,street,Jewspaper, and that the annexed rate of advertised is the regular legal rate of said
AND ENACTING IN LIEU THERE- or alley in the City,or which has
OF A NEW SECTION 16-12, RUB- accumulated in such places shall
BISH AND TRASH NEAR BUILD- be deemed a nuisance and may be
INGS, OR IN CELLARS OR abated.All open burning of garbage aper,and that the following is a correct bill for publishing said notice.
ALLEYS PROHIBITED;MAY BE and refuse, except yard waste shall
ABATED AS A NUISANCE;OPEN be prohibited.The burning of yard
BURNING PROHIBITED, OF waste may be banned at the discre- ,
CHAPTER 16, GARBAGE AND lion of the Fire Chief should condi- 'S Bill$
58.75
REFUSE. tans not be suitable. Burning shall
BE IT ORDAINED by the Citybe done in accordance with City-
Council of the City of Waterloo, I ordinance and any rules estab-
lowa: fished by the Fire Chief. Such
That Article V,Waste and Used burning may be abated as a nui-
Tires,of Chapter 14, Fire Preven- sante upon complaint and thew
tion and Protection, is hereby costs assessed in the same dt- manner- � � �
added to the 1993 Code of Oras propertytaxes. Individuals ( °`
nances of the City of Waterloo, responsible for calls for successive
Iowa,as follows: incidents and complaints may also Signed
ARTICLE V. WASTE AND USED be subject to citation.
TIRES (b) Presumption.Any tire tires on
Sec.14-100.ent this Jurisdiction. any propertyby shall rt presumedowner, tot. V
Enforcement of this ordinance shall be set by the property owner,or if
be the responsibility of Waterloo said property owner does not reside..
Fire Rescue of the City of Waterloo, there, the occupant of the property. Subscribed and sworn to before me this day of
Iowa,and the Black Hawk County It shall be the sole responsibility
Health Department, of the property owner or occu-
Sec.14-101. Purpose. pant to report whom was responsi-
This ordinance shall be broadly ble for the fire if said fire was not set X)--)"eA/Cik A.D., 19 .9 2
construed to effectuate the purpose by sad owner or occupant.
of safeguarding the life, safety, I INTRODUCED: August 11,1997 •
and health of the public.To that PASSED 1ST CONSIDERATION: '
end,there shall be a limit on the !August 11,1997
number of used or waste tires ,PASSED 2ND CONSIDERATION:
which may be stored within the city August 18,1997
limits of the City of Waterloo. PASSED 3RD CONSIDERATION:- N Aif
Sec.14-102. Definitions. August 25,1997 relliC'J (�� J /t'�- /�
(a) "Waste Tire"means a tire that PASSED AND ADOPTED by the
is no longer suitable for its original City Council this 25th day of - Notary Public
intended purpose due to wear. iAugust,1997,and approved by the
damage,or defect. A waste tire Mayor this 27th day of August,
shall not include a non-pneumatic 1997. ,
tire. John R.Rooff, Mayor
(b) "Used Tire" means any tire ATTEST: •
other than a new or waste tire. ,Nancy Eckert,City Clerk Received of
(c) "New Tire" means any tire I
which has not been used for any • .
purpose other than for sale. -Ilse said •Bolted ySJOOl)
Sec. 14-103. Storage of Waste I ebeJe6'SYgeMap!S'SAeManIJC
Tires. ' uoltanJ)suoD woo ueA 0001
(a) With the exception of those
tires mounted on any operable 0969 E£Z'000'009$'sW
vehicle, no person shall have more the sum of
than two hundred(200)waste tires , 'pepuos .ASIJano ');o-Jeal
on any one property or on numer- 'Mau 'lloi 'staarleyS 'salbulys
ous properties under their owner- UCO AGFA ship,management,or control. 03 Il"n ae p
(b) All tires shall be properly IMU Dollars
stored in tire storage racks in such
a manner as to prevent ;heti 7
becoming breeding grc nds fort
mosquitoes or pose any public in full for publication of the above notice.
health problem. k
(c) In any area zonod residential as
set out in the Zoning Ordinance of
the City of Waterloo, or used or
platted for residential purposes, I
there shall be no more than eight
(8)waste or used tires or any tom- ,
bination thereof,and said tires shall
be stored at all times in a fully
enclosed structure.
Sec. 14-104. Storage of Used
Tires.
(a) With the exception of those
tires mounted on any operable
vehicle,no person shall have more
than three hundred(300)used tires
on any one property or on numer-
ous properties under their owner-