HomeMy WebLinkAbout3804-07/08/1991IOWA:
ORDINANCE NO. 3804
AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF
THE CITY OF WATERLOO, IOWA, BY ADDING SECTION 16-12.1,
EXCEPTIONS TO BURNING YARD WASTE, TO CHAPTER 16,
GARBAGE AND REFUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
That Section 16-12.1, Exceptions to Burning Yard Waste, of
Chapter 16, Garbage and Refuse, of the 1988 Code of Ordinances of
the City of Waterloo, Iowa, is hereby enacted as follows:
Section 16-12.1. Exceptions to Burning Yard Waste.
(a) The Council shall have the authority, consistent with
this section, to grant exceptions and allow the burning of yard
waste under special limited conditions. These special limited
conditions shall consist of cases when burning of native
vegetation is a recognized management technique. An application
for exception must be filed with the Clerk/Auditor's Office,
reviewed by the Parks & Forestry, Fire and Public Works
Departments and forwarded to the City Council for approval.
(b) Said application must contain the following information
and any other information deemed appropriate by the City:
(1) Name of applicant,
(2) Address and telephone number of applicant,
(3) Location and size of area to be burned,
(4) Dates and times of burning,
(5) Description of vegetation,
(6) Description of management technique, and
(7) Containment procedures.
A fee of $10.00 must be filed with the application. In addition
to the application fee, the Fire Department shall charge for
stand-by services and extinguishment of intentionally set fires
as contained in Section 14-66 of the Waterloo Code of Ordinances.
(c) The Fire Department will determine for each exception
whether:
1. Atmospheric conditions are proper to allow the
burning, and
2. Stand by vehicles are needed to insure the safety
of life and property adjacent to the site.
(d) Any individual who claims to be adversely affected by
allowance of the exception may file a statement with the City
Clerk/Auditor containing information to support the claim. If
the Council finds that sufficient controversy exists regarding
such application, a public hearing may be held.
(e) In determining whether to grant or deny the
application, the Council shall balance the following: hardship..
to the applicant, the community and other persons resulting from
the denial of the exception against the adverse impact on the
health, safety and welfare of persons affected, the adverse
impact on property affected, and any other adverse impacts of
granting the exception. Applicants for exceptions and persons
contesting exceptions may be required to submit any
information/document reasonably required by the Council. In
granting or denying an application, the Council shall place on
public file a copy of the decision and the reasons for denying or
granting the exception.
BOOK 296 PAGE) 8
Ordinance No. 3804
Page 2
(f) Exceptions shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on
the permitted activity. An exception shall not become effective
until all conditions are agreed to in writing by the applicant.
Noncompliance with any condition of the exception may result in
termination of the grant of exception.
(g) Applications for exceptions shall be treated as an
application for an initial exception.
(h) Exceptions must be filed for each occurrence.
(i) Appeals of an adverse decision of the City Council
shall be made to the District Court in and for Black Hawk County.
Review of the court shall be de novo limited to whether or not
the decision is supported by substantial evidence.
INTRODUCED:
1ST CONSIDERATION:
2ND CONSIDERATION:
3RD CONSIDERATION:
July 8, 1991
July 8, 1991
July 8, 1991
July 8, 1991
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 8th day of July, 1991 and approved by the
Mayor on the 10th day of July, 1991.
fe
Bernard L. MCKJ. ey, Mayor
ATTEST:
Larry Bu gerj ity Clerk/ uditor
CERTIFICATE
I, Larry P. Burger, City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that attached hereto is a true
and complete copy of Ordinance No. 3804, as passed and adopted by
the Council of the City of Waterloo, Iowa, on the 8th day of
July, 1991.
Witness, my hand and seal of office this 10th day of Ju\.y,
199:
BOOK '196 PACE i1 /J
Misc
INDEXEfl
COMPARED
PAGED
1156
BLACK NAM COUNTY, IOWA:SS
Filed for record July 19 1991
et 1:30 P N, and recorded in
Misc Book 296
Page 978
Lam)
Recorder
Deputy
Fee 10.00/
City of Waterloo
Clerk/Auditor
Attn: Michelle Temeyer
STATS OF IOWA,
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Black Hawk County,
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' a_ Council shall place on public file
y of the decision and the rea-
Beauty & the s for denying or granting the
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commencing on the 22nd dayof July 19 91 in the issues of
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Exceptions must be filed for publishing said notice. l �✓
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Appeals of an adverse decision
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I do solemnly swear that the annexed copy of LP • a 1— Ci Yy of Waterloo
Ordinance 3804
notice was published in the
lllntcrtoo (gilder a daily newspaper printed In Waterloo,
Black Hawk County, Iowa once a week for two consecutive weeks
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AD, 19 -
Received of
Notary Public
the sum of
in full for publication of the above notice.
Dollars