HomeMy WebLinkAbout4948-6 /22/2009 (RECORDED)i 1111111 IIIII ii Ihl tihl IIIII ilitl 11111 hili ilii IIIII IIIII IIIII IIIII IIII illi
Doc ID: 003927920006 Type: GEN
Kind: ORDINANCE
Recorded: 10/07/2009 at 11:28:59 AM
Fee Amt: $34.00 Pape 1 of 6
Instr# 200900010519
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
Book 1080 Pape 87202 - 87207
File2010_00007269
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4948
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING ARTICLE B, WEEDS, OF CHAPTER 5,
VEGETATION, OF TITLE 7, PUBLIC WAYS &
PROPERTY; AND ENACTING IN LIEU THEREOF A NEW
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 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City of Waterloo, Iowa, be and the same hereby repealed in its
entirety; that a new Article B, Weeds, of Chapter 5, Vegetation,
of Title 7, Public Ways & Property, is hereby enacted in lieu
thereof as follows:
CHAPTER 5
VEGETATION
ARTICLE B. WEEDS
7-5B-1: 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:
COMPLAINANT: That person who files a weed nuisance complaint
form as described in the Waterloo weed complaint policies.
NUISANCE: Any weeds which, due to the manner of their growth
and height, cause an annoyance to the general public, including
but not limited to noxious weeds as defined in the Iowa Code.
WEED COMPLAINT: The weed nuisance complaint form as described
in the Waterloo weed complaint policies.
WEED HAZARD: 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.
WEEDS: Includes all herbaceous vegetation that is not
controlled, maintained and/or cared for under normal
horticultural practices. (Ord. 3488, 6-15-1987)
7-5B-2: NUISANCE DECLARED:
A. Nuisance Declared; Abatement Required: All weeds,
vines, brush, grass and noxious weeds as defined by
the Iowa Code, or other growths which exceed a height
Ordinance No. 4948
Page 2
of twelve inches (1211) growing on lots and parcels of
ground within the corporate city limits, are declared
to be a weed hazard or a public nuisance; provided,
however, that such height shall not exceed eight
inches (81) on any lot or parcel of ground that has a
residential zoning classification. Such hazards and
nuisances shall be abated by the property owner or
person in possession of the property. (Ord. 3488, 6-
15-1987)
B. Nuisance 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" or "weed hazard"
as defined in this article. Such determination shall
be made by code enforcement or the superintendent of
waste management services or designee. (Ord. 4482, 5-
29-2001)
7-5B-3: OWNER'S RESPONSIBILITIES:
A. It shall be the duty of the property owner and/or
person in possession or control 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 or control 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. (Ord. 3488, 6-15-1987)
7-5B-4: WEED COMPLAINTS:
A. The waste management services department shall be
responsible for the administration of this article,
and for said purpose may receive assistance from code
enforcement in receiving, processing, and inspection
of weed complaints on private property.
B. The superintendent of waste management services, with
the approval of the public works committee of the city
council, shall be authorized to prepare a form for the
resolution of weed complaints. The documents contained
in this form shall become known as the Waterloo weed
complaint policies. A written weed complaint may be
filed with 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 superintendent of waste
management services, his designee, or code
enforcement. The superintendent or his designee and
code enforcement shall have concurrent authority to
Ordinance No. 4948
Page 3
cause the standards and 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. (Ord. 4482, 5-29-2001)
7-5B-5: NOTICE TO PROPERTY OWNERS:
A. Upon receipt of a complaint or observation by the
superintendent of waste management services, his/her
designee, or code enforcement, a notice shall be
issued to the owner (as shown by the official records
of Black Hawk County), agent, and/or person in
possession or control of said property, describing the
nuisance or hazard on said property. The first notice
issued in respect of a given property in a calendar
year shall demand abatement of the nuisance or hazard
within five (5) days from the date of service as
evidenced on the return, or if by certified mail, from
the date of mailing. Notices issued in respect of the
same property in the same calendar year shall be
delivered by conspicuous posting on the property and
by first class mail and shall demand abatement of the
nuisance or hazard within three (3) days from the date
of posting and mailing. 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. For purposes of this section, days shall be
measured in calendar days, excluding Sundays and any
holidays recognized by federal law.
B. Notice required herein shall be given in the manner
prescribed, 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, his/her
designee, code enforcement, 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, agent, and/or person in possession
which constitutes a health, safety, or fire hazard to
anyone.
C. In addition to any other fees or charges provided for
in this article, an administrative fee of one hundred
dollars ($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 or assessor's
parcel in the same calendar year. For each and every
Ordinance No. 4948
Page 4
subsequent abatement action, a greater administrative
fee will be charged as provided in subsection 7 -5B -
6(B). A party to whom a notice is issued who wishes
to contest the administrative fee may file an appeal
pursuant to subsection 7 -5B -6(C) of this article.
(Ord. 4905, 4-21-2008)
7-5B-6: PAYMENT, ASSESSMENT OF COSTS, APPEAL:
A. Payment: 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, plus applicable administrative fees, from
the property owner by mailing a statement of the fees
and charges 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. 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. Administrative Fees For Subsequent Abatements: If the
city is required to abate another weed hazard or
nuisance at the same street address or assessor's
parcel in the same calendar year, an administrative
fee of one hundred dollars ($100.00) 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 or assessor's parcel in
the same calendar year, the administrative fee will be
three hundred dollars ($300.00).
C. Appeal: A property owner in receipt of a statement of
fees and charges for a weed 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 fifty dollars
($50.00) 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 the city council or its
designated committee 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 or
committee in its discretion may deem necessary. If the
appellant desires additional time, he or she must make
application to the city council or committee 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 or
Ordinance No. 4948
Page 5
committee may consider any evidence it considers
credible, including testimony of city employees,
written summaries and other secondary sources, and
give such weight to the evidence as it considers
warranted. After such hearing the city council or
committee 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 or
committee waives the amount of the assessment by over
half, the fifty dollar ($50.00) filing fee for the
appeal will be refunded to the appellant. (Ord. 4919,
7-14-2008)
7-5B-7: EXCEPTIONS:
The following shall be exceptions to the provisions of this
article:
A. Vegetable and/or flower gardens, purposefully planted,
shall be permitted to exceed twelve inches (1211) in
height if they are maintained free of weed hazard or
nuisance.
B. Wood perennials, purposefully planted, shall be
permitted to exceed twelve inches (1211) if they are
planted and maintained in compliance with this
chapter.
C. Nonnoxious weeds and other growth shall be permitted
to exceed twelve inches (1211) in height upon those
properties within the corporate city limits upon which
development has never occurred and which are not
located within three hundred feet (3001) 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
inches (1211) in height.
E. The exceptions stated in the foregoing paragraphs of
this section shall also constitute exceptions to the
eight -inch (8") restriction applicable to areas that
have a residential zoning classification, provided
that the conditions for the exception exist. (Ord.
3488, 6-15-1987)
7-5B-8: VIOLATION; PENALTY:
It is unlawful for any owner or person in possession of any
lot, parcel or tract of ground situated within the city, to
Ordinance No. 4948
Page 6
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 be guilty of a
municipal infraction and upon conviction thereof shall be
punished in accordance with subsection 1-3-2C of this code.
(Ord. 4441, 10-16-2000)
INTRODUCED: June 22, 2009
PASSED 1st CONSIDERATION: June 22, 2009
PASSED 2nd CONSIDERATION: June 22, 2009
PASSED 3rd CONSIDERATION: June 22, 2009
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 22nd day of June, 2009, and approved by
the Mayor on the 24th day of June, 2009.
ATTEST:
Nancy Ec t, CMC
City Cler
Tim Hurley, Mayo
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. 4948 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 22nd day of June, 2009.
Witness my hand and seal of office this 24th day of June,
2009.
SEAL Nancy Eck t, CMC
City Cle k
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