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HomeMy WebLinkAbout3488-06/17/1987ORDINANCE NO. 3488 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE III, WEEDS, OF CHAPTER 35, VEGETATION; AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE III, WEEDS, TO CHAPTER 35, VEGETATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article III, Weeds, of Chapter 35, Vegetation, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Article III, Weeds, of Chapter 35, Vegetation, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: ARTICLE III. WEEDS. DIVISION 1. GENERALLY. Sec. 35-20. Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the following meanings: (a) Complainant shall mean that person who files a weed nuisance complaint form as described in the Waterloo Weed Complaint Policies. (b) Hazard shall be defined as any weed, grasses or other herbaceous vegetation which interferes with any sidewalk or the traveled portion of any roadway or alley or with visibility at any intersection, or traffic -control light or sign or constitutes a health, safety or fire hazard or otherwise endangers life or property. (c) Nuisance shall mean any weed which, due to the manner of their growth and height, cause an annoyance to the general public, including noxious weeds as defined in the Code of Iowa. (d) Weed complaint shall mean the weed nuisance complaint form as described in the Waterloo Weed Complaint Policies. (e) Weeds shall include all herbaceous vegetation that is not maintained and cared for under normal horticultural practices. Sec. 35-20 1/2. Owner to Abate Weed Hazard. All weeds, vines, brush, grass and noxious weeds as defined by the Code of Iowa, or other growths which exceed a height of twelve (12) inches growing on lots and parcels of ground within the corporate city limits of Waterloo, are declared to be a weed hazard and constitute a health, safety and fire hazard, and a public nuisance. Such hazards and nuisances shall be abated by the property owner or person in possession of the property. DIVISION II. WEED COMPLAINTS. Sec. 35-21. Park commission to administer weed complaint processing and inspection. (a) The Waterloo Park Commission shall be responsible for the administration of this article including the receiving, processing and inspection of weed complaints on private property. (b) The park commission shall be authorized to prepare a format for the resolution of weed complaints. The documents contained in this format shall become known as the Waterloo Weed Complaint Policies. A written weed complaint may be filed with EDT( 2 74 PAGE 791 Ordinance No. 3488 Page 2 the City by an individual complainant. (c) The implementation of the provisions of this article and the Waterloo Weed Complaint Policies shall be the responsibility of the weed inspector who shall be appointed by and be responsible to the director of parks. The weed inspector shall have the authority to cause the procedures of this article to be enforced and shall be authorized to direct the removal of any weeds, grasses or other herbaceous vegetation if such vegetation is located on private property and is declared a nuisance or hazard in accordance with this article. DIVISION 3. REGULATIONS. Sec. 35-21 1/2. Nuisance and Weed Hazard Prohibited. It shall be unlawful for any owner of any property within the corporate city limits to maintain, cause or permit weeds, grasses or other herbaceous vegetation to grow under such circumstances that said vegetation is a nuisance and weed hazard as defined in this article. Such determination shall be made by the weed inspector or designee. Sec. 35-22. Duty of owner. (a) It shall be the duty of the property owner and/or person in possession of the property to maintain the property as provided in this article and keep such property free from nuisances and weed hazards. (b) It shall be the duty of the property owner and/or person in possession of the property which abuts public right-of-way to maintain all property between the property line and the curb line upon public streets and to keep such property free from nuisances and weed hazards. Sec. 35-22-1/2. Notice to Property Owner. (a) Upon receipt of a complaint and/or observation by the weed inspector or designee and any member of the public, a notice shall be issued to the owner of said property, as shown by the records of the Black Hawk County Auditor, and/or person in possession, describing the property and the nuisance or hazard, and such notice shall request the abatement of the nuisance or hazard within ten (10) days of the receipt of the notice, and failure of the owner to abate the growth within ten (10) days shall result in the City abating the growth and assessing the actual costs and an administrative fee against the property. Such notice shall be by personal service or by certified mail. (b) Upon failure to contact the property owner, a dated and signed placard will be posted in a conspicuous place on each parcel of property found to be in violation of this article. The placard shall state that the property is in violation of this article and that failure of the owner to abate the growths within ten (10) days of the date on the placard will result in the City abating the growths and assessing the costs of such abatement against the property. Sec. 35-23. Payment or Assessment of Costs. Upon completion of the abatement of a weed hazard or nuisance under the authority of this article, the City Clerk/Auditor shall demand payment, for the costs of such abatement, from the property owner by mailing a statement of the fee to the last known address of the owner and/or person in possession by ordinary mail. Said statement shall be due and payable upon mailing and shall be delinquent if not paid within ten (10) days of the mailing. Any fees for the abatement of a weed hazard or nuisance which are delinquent may be assessed against the property for collection in �00u 274 ?ACE 782 Ordinance No. 3488 Page 3 the same manner as a property tax, as provided in the Code of Iowa. Sec. 35-23 1/2. Exceptions. The following shall be exceptions to the provisions of this article: (a) Vegetable garden and/or flower garden, purposefully planted, shall be permitted to exceed twelve (12) inches in height if they are maintained free of weed hazard or nuisance. (b) Wood perennials, purposefully planted, shall be permitted to exceed twelve (12) inches if they are planted and maintained in compliance with Chapter 35 of this Code. (c) Non -noxious weeds and other growth shall be permitted to exceed twelve (12) inches in height upon those properties within the corporate city limits upon which development has never occurred and which are not located within three hundred (300) feet of developed areas so that uncontrolled growth will constitute a weed hazard or nuisance to developed areas. (d) An owner of property may apply to the City Council to designate appropriate areas as a natural grass or prairie area. Such designation shall be determined by the City Council. Growths in designated natural grass or prairie areas shall be permitted to exceed twelve (12) inches in height. Sec. 35-23 3/4. Penalties. It is unlawful for any owner or person in possession of any lot, parcel or tract of ground situated within the corporate city limits of Waterloo, Iowa, to permit a weed hazard or nuisance to grow thereon or upon the abutting right-of-way as provided in this article. Any person who violates any provision of this article shall, upon conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or be imprisoned for not more than thirty (30) days, for each violation. PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on this 15th day of June, 1987, and approved by the Mayor on this 17th day of June, 1987. 'Ber *SMC*iii_,4„..4? ATTEST: f` J Michelle Temeyer, Deputy Clerk/Auditor CERTIFICATE y, Mayor I, Michelle Temeyer, Deputy Clerk/Auditor of the City of Waterloo, IoW'a, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3488, as passed and adopted by the Coil -noir of the City of Waterloo, Iowa, on the 15th day of June, 1987; '' 1987. Witness my hand and seal of office this 17th day of June, Michelle Temeyer Deputy Clerk/Auditor booK 274 ACE 793 INDEXED`T' COMPARED PAGED 18005 BLACK HAWK COUNTY, 10WA:SS• filed for record 9"o'i 29 19/7 at &or A M, and recorded in • Book al Li - Page '] 9 ► Recorder Deputy ape /.57'00 Jai 274 PACE 794 ,TATE OF IOWA,) san (e; -410d 4uie(dwoD paaM oo(,a4eM ,d a l4 of 944 ,:ue 013(4,e 5144 40 suo(slno,d ),llol 041 044 40 uoile4uOwa)dw( 941 (3) P, -SE '305 'lueuleldwo3 lenp(nlpul oan,,,o,d tieAq A410 944 44iM Palo aq Aew iati Saw lule(dwo pawn U04410M V 'sap 4,8 -Hod luleldwoD paaM oo(,a4eM VeriA,,, 044 se UMOU)I awo3aq 4e1.11,o; SUjewoo ua041 YLe low s4,Qdwo)paaM;ouonlos, 44 rantaw ,044ew,o4ea,eda,d04paziJo44ne ce. ur, Maq 1104s uolss(wwo3>f,ed a41 (q) alsP poseful- lou •A4,ado,d a4enl,d uo Wield be permitted to �l� 6ul 12) inches if they IaVi kYauii�a t"otic Ci`c3f'ts Mil maintained in toijIth the winning run from a44 pChapter 35 of this qw ker. (0) weeds and other ),d permitted to ex- liever Scott Garrelts, 5-5. Pe Inches In height ty a pickoff attempt andas ernes within the bled the ball in the right -field cotes upon which never occurred t located within 300) feet of de - that uncontolled itute a weed haz- SS , purposefully permitted to ex- nchesin height if ned free of weed n F:sher hit a three -run Is added solo home runs as eak with a victory over ins in five innings as he won e -run homer of the season 'ischer, 0-1, and gave s -loaded single in the ninth ver Lee Smith, 2-5, with one Howard Johnson and a walk 1 Pittsburgh last month and a 1-2 pitch cleanly up the Ii for the victory. New York three -game winning streak. ith a 1-0 lead but the Mets tied Ison. ud ,o 94 04 to developed Q4 i' 33 so fl property may Council to desig- areas as a natu- Irie area. Such be determined icll. Growths in iral grass or I be permitted to (12) inches in ) 3 r nalties. any owner or 1 sion of any lot, ground situated ste city limits of permit a weed >11 to grow there vetting right -of - In this article. violates any �aeiiju sr, u. unIM ED ppuzlaal hoA„ I do solemnly swear that the annexed copy of Ordinance 3488 Legal notice was published in the lUntcrloo all a daily newspaper printed in Waterloo. Black Hawk County, Iowa once Jl' -.{o- aAMoi Sive in the issue/ of June 25, 1987 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following Is a correct (��bill /for publishing said notice. rinter's Bill $ SigOe� Subscribed and sworn to before me this day of Q A.D.,, 19 9 661V(11`0) Notary Public VI/ ✓1((/1" Received of the sum of Dollars in full for publication of the above notice.