HomeMy WebLinkAbout4905-04/23/2008 (RECORDED)This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4905
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 7-5B-5, NOTICE TO PROPERTY
OWNERS, AND SECTION 7-5B-6, PAYMENT,
ASSESSMENT OF COSTS, OF ARTICLE B, WEEDS, OF
CHAPTER 5, VEGETATION, OF TITLE 7, PUBLIC
WAYS & PROPERTY; AND ENACTING IN LIEU.
THEREOF NEW SECTION 7-5B-5. NOTICE TO
PROPERTY OWNERS, AND NEW SECTION 7-5B-6,
PAYMENT, ASSESSMENT OF COSTS, APPEAL, OF
ARTICLE B, WEEDS, OF CHAPTER 5, VEGETATION,
OF TITLE 7, PUBLIC WAYS & PROPERTY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Section 7-5B-5, Notice to Property Owners, and Section
7-5B-6, Payment, Assessment of Costs, of Article B, Weeds, of
Chapter 5, Vegetation, of Title 7, Public Ways & Property, of
the 2007 Code of Ordinances of the City of Waterloo, Iowa, are
hereby repealed in their entirety; that new Section 7-5B-5,
Notice to Property Owners and new Section 7-5B-6, Payment,
Assessment of Costs, Appeal, are hereby enacted in lieu thereof
as follows:
CHAPTER 5
VEGETATION
ARTICLE B: WEEDS
7-5B-5: NOTICE TO PROPERTY OWNERS:
A. Upon receipt of a complaint or observation by the
superintendent of Waste Management Services 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 the abatement of the nuisance
or hazard within ten (10) 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 in costs by an amount equal to
the number of incidents multiplied by the base
administrative fee as determined by the superintendent
of Waste Management Services or his/her designee.
(Ord. 4698, 6-14-2004)
Document Number: 2008025915
1-Y OF WATERLOO I
Date: Jun 24, 2008 4:30:00 pm
CITY CLERK /
Aud Fee: 0.00 Rec Fee: 20.00
P
Trans Tax: 0.00 Rec Management Fee: 1.00
E -Com Fee: 1.00 Non -Standard Page Fee: 0.00
Filed for record in Black Hawk County, Iowa
Z
Judith A. McCarthy, County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4905
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 7-5B-5, NOTICE TO PROPERTY
OWNERS, AND SECTION 7-5B-6, PAYMENT,
ASSESSMENT OF COSTS, OF ARTICLE B, WEEDS, OF
CHAPTER 5, VEGETATION, OF TITLE 7, PUBLIC
WAYS & PROPERTY; AND ENACTING IN LIEU.
THEREOF NEW SECTION 7-5B-5. NOTICE TO
PROPERTY OWNERS, AND NEW SECTION 7-5B-6,
PAYMENT, ASSESSMENT OF COSTS, APPEAL, OF
ARTICLE B, WEEDS, OF CHAPTER 5, VEGETATION,
OF TITLE 7, PUBLIC WAYS & PROPERTY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Section 7-5B-5, Notice to Property Owners, and Section
7-5B-6, Payment, Assessment of Costs, of Article B, Weeds, of
Chapter 5, Vegetation, of Title 7, Public Ways & Property, of
the 2007 Code of Ordinances of the City of Waterloo, Iowa, are
hereby repealed in their entirety; that new Section 7-5B-5,
Notice to Property Owners and new Section 7-5B-6, Payment,
Assessment of Costs, Appeal, are hereby enacted in lieu thereof
as follows:
CHAPTER 5
VEGETATION
ARTICLE B: WEEDS
7-5B-5: NOTICE TO PROPERTY OWNERS:
A. Upon receipt of a complaint or observation by the
superintendent of Waste Management Services 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 the abatement of the nuisance
or hazard within ten (10) 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 in costs by an amount equal to
the number of incidents multiplied by the base
administrative fee as determined by the superintendent
of Waste Management Services or his/her designee.
(Ord. 4698, 6-14-2004)
Ordinance No. 4905
Page 2
B. Notice required herein shall be by ordinance or
certified mail, stating that the property is in
violation of this article, 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 superintendent of Waste Management
Services or his/her designee 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 be any act or omission of
the property owner which constitutes a health, safety,
or fire hazard to anyone. (Ord. 4482, 5-29-2001)
C. In addition to any other fees or charges provided for
in this Article 5B, an administrative fee of $100.00
shall be charged to a property owner who is issued more
than one notice pursuant to this section for the same
street address in the same calendar year. A party to
whom a notice is issued who wishes to contest the
administrative fee may file an appeal pursuant to
Section 7 -5B -6(C).
7-5B-6: PAYMENT, ASSESSMENT OF COSTS, APPEAL:
A. 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 mailing 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 and charges may be
assessed against the property for collection in the
same manner as a property tax, as provided in state
law.
B. If the city is required to abate another weed hazard or
nuisance at the same street address in the same
calendar year, an administrative fee of $100 will be
charged to the property owner in addition to the actual
cost of abatement. For each and every subsequent
abatement for the same street address in the same
calendar year, the administrative fee will be $300.
C. Appeal: A property owner in receipt of a statement of
fees and charges for a weed hazard abatement who
contests the statement may file a written appeal with
the city clerk within ten (10) days of the postmarked
date of the statement. An administrative fee of $50
must be paid when the appeal is filed. Failure to file
Ordinance No. 4905
Page 3
the appeal and pay the administrative fee within said
ten (10) days shall constitute a waiver of the right to
a hearing, and the statement of fees and charges shall
thereupon become final. Hearing on the appeal before
the city council shall be scheduled for a date within
thirty (30) days of filing the appeal and shall be
scheduled for no more than thirty (30) minutes in
length, or such additional time as the city council in
its discretion may deem necessary. If the appellant
desires additional time, he or she must make
application to the city council at least seven (7) days
prior to the hearing date. The appeal hearing shall be
simple and informal, without regard to technicalities
or procedure or rules regarding admissibility of
evidence. The city council may consider any evidence
it considers credible, including testimony of employees
of the Waste Management Services department, written
summaries and other secondary sources, and give such
weight to the evidence as it considers warranted.
After such hearing, the city council shall determine
the amount of the assessment should be affirmed,
reduced, or waived. Such determination shall be
contained in a written decision and shall be filed with
the city clerk within ten (10) days after the hearing,
or any continued session thereof. In the event the
city council waives the amount of the assessment in
full by over half, the $50 filing fee for the appeal
will be refunded to the property owner.
INTRODUCED: April 21, 2008
PASSED 1St CONSIDERATION: April 21, 2008
PASSED 2nd CONSIDERATION: April 21, 2008
PASSED 3rd CONSIDERATION: April 21, 2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 21St day of April, 2008, and approved by
the Mayor on the 23rd day of April, 2008.
Tim Hurley, o
ATTEST: May
Nancy Eckert, CMC
City Clerk
Ordinance No. 4905
Page 4
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. 4905 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 21St day of April, 2008.
Witness my hand and seal of office this 23rd day of April,
I/t
SEAL Nancy Eckert CMC
City Clerk