HomeMy WebLinkAbout4920-7 /18/2008CITY'OF WATT-RLOO I�
Document Number: 2009006152
Date: Sep 111, 2008 4:30:00 pm
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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. 4920
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 1-3-2, MUNICIPAL
INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY,
OF TITLE 1, ADMINISTRATION; AND ENACTING IN
LIEU THEREOF A NEW SECTION 1-3-2, MUNICIPAL
INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY,
OF TITLE 1, ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Section 1-3-2, Municipal Infractions, of Chapter 3,
General Penalty, of Title 1, Administration, 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hereby repealed in its entirety; that a new Section 1-3-2,
Municipal Infractions, of Chapter 3, General Penalty, of Title 1,
Administration is hereby enacted in lieu thereof as follows:
1-3-2: MUNICIPAL INFRACTIONS:
A. Definitions: As used in this section, or with
reference hereto, the following words and terms shall
have the meaning ascribed thereto:
MUNICIPAL INFRACTION: The doing of any act prohibited
or declared to be unlawful, an offense or a
misdemeanor, by this code or any ordinance or code
hereby adopted by reference, or omission or failure to
perform any act or duty requested by this code or any
ordinance or code herein adopted by reference. A
violation shall not be a municipal infraction if it is
a felony, an aggravated misdemeanor or a serious
misdemeanor under state law or if the violation is a
simple misdemeanor under Iowa Code chapters 687 through
747. A municipal infraction is punishable by civil
penalty as provided herein.
OFFICER: Any employee or official authorized to
enforce this code of the city of Waterloo.
REPEAT OFFENSE: A recurring violation of the same
section of this code.
B. Adoption Of Iowa Code On Municipal Infractions: Iowa
Code Section 364.22, Municipal Infractions, is hereby
adopted by reference, in its entirety. All amendments
to Iowa Code Section 364.22 shall automatically modify
this section.
C. Penalties: The civil penalty for a municipal
infraction, other than environmental violations, shall
be scheduled as follows:
First offense $200.00
Second offense $500.00
Third and subsequent offenses $750.00
1.00
0.00
3
Ordinance No. 4920
Page 2
D. Notice of Violation: Any act constituting a municipal
infraction under this code may be initially charged
upon simple notice of violation. The city may serve a
notice of violation upon a party charged with an act
constituting a municipal infraction either by
delivering said notice personally or by certified mail
to the party's last known address. A person who admits
the reported violation may remit payment of the penalty
to the city and perform any other act required to be
performed, and in such event the person charged shall
not be further prosecuted by issuance of a municipal
infraction citation and will not be assessed any costs
or other expenses for such violation. The city shall
retain all penalties thus collected. If the person
charged denies the reported violation or fails to
timely perform any act required to be performed by the
notice of violation, a civil municipal infraction
citation shall be served in the manner prescribed by
the applicable provision(s) of this code. Nothing in
this section imposes a duty on the city or any officer
to initially charge any act or all acts constituting a
municipal infraction upon simple notice of violation,
and the officer charged with enforcement may initially
issue a civil municipal infraction citation seeking a
civil penalty with or without additional relief. (Ord.
4822, 7-10-2006)
E. Administrative Fees: If an officer of the code
enforcement division is required in the same calendar
year to issue a second notice of violation, municipal
infraction citation, and/or a notice of abatement for
any reason to a property owner for an offense at the
same property, an administrative fee of $100.00 will be
charged to the property owner in addition to any other
fines, fees, penalties or costs imposed, and for
additional notices or citations in the same calendar
year the administrative fee shall be $300.00. The City
Clerk shall mail a statement of the administrative fee
to the last known address of the owner and/or person in
possession of the property 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 may be
assessed against the property for collection in the
same manner as a property tax, as provided in state
law. A party who wishes to contest the administrative
fee may file an appeal in the manner prescribed by
Section 7 -5B -6(c), except that "code enforcement
division" is substituted for "Waste Management Services
department." This provision is not limited to repeat
offenses, but is intended to apply to any subsequent
notice or citation, as set forth above, regardless of
the type or nature of offense, that is issued by a code
enforcement officer in the same calendar year in
respect of the same property.
INTRODUCED:
July
7,
2008
PASSED 1St CONSIDERATION:
July
7,
2008
PASSED 2nd CONSIDERATION:
July
14,
2008
PASSED 3rd CONSIDERATION:
July
14,
2008
Ordinance No. 4920
Page 3
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 rt, CMC
City Cl
Tim Hurley, Ma r
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. 4920 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,
11:
Nancy Eck t, CMC
City Cler