HomeMy WebLinkAbout4919-7 /16/2008This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4919
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING 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 A 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-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Waterloo, Iowa, be and the same is hereby repealed in its
entirety; that a new Section 7-5B-6, Payment, Assessment of
Costs, Appeal, of Article B, Weeds, of Chapter 5, Vegetation, of
Title 7, Public Ways & Property, is hereby enacted in lieu
thereof as follows:
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
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
Document Number: 2009006151
CI'~Y OF WATERLOO I
Date: Sep 19, 2008 4:30:00 pm
Aud Fee: 0.00 Rec Fee: 10.00
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. 4919
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING 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 A 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-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, be and the same is hereby repealed in its
entirety; that a new Section 7-5B-6, Payment, Assessment of
Costs, Appeal, of Article B, Weeds, of Chapter 5, Vegetation, of
Title 7, Public Ways & Property, is hereby enacted in lieu
thereof as follows:
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
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
�a
Ordinance No. 4919
Page 2
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
of 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
whether 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 by over half, the $50 filing fee for the
appeal will be refunded to the property owner.
INTRODUCED: July 7, 2008
PASSED lst CONSIDERATION: July 7, 2008
PASSED 2nd CONSIDERATION: July 14, 2008
PASSED 3rd CONSIDERATION: July 14, 2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of July, 2008, and approved by
the Mayor on the 16th day of July, 2008.
ATTEST:
Nancy Ec t, CMC
City Cle
Tim Hurley, M or
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. 4919 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 14th day of July, 2008.
Witness my hand and seal of office this 16th day of July,
2008.
Nancy Eck, CMC
City Clerl?�