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Home My WebLink About5135-11/05/2012Prepared by Suzy Schares, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5135 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, AND AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: REPEALING SUBSECTION C OF SECTION 2, MUNICIPAL INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY, OF TITLE 1, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION C OF SECTION 2, MUNICIPAL INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY, OF TITLE 1, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, AND REPEALING SUBSECTION A OF SECTION 11, PENALTIES, OF CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION A OF SECTION 11, PENALTIES, OF CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, AND REPEALING SECTION 10-32-2, VIOLATIONS AND PENALTIES, OF THE CITY OF WATERLOO ZONING ORDINANCE; AND ENACTING IN LIEU THEREOF A NEW SECTION 10-32-2, VIOLATIONS AND PENALTIES, OF THE CITY OF WATERLOO ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Waterloo that the Code of Ordinances of the City of Waterloo and the City of Waterloo Zoning Ordinance No. 5079, as previously amended, are amended as set out herein, repealing those sections that are being replaced, setting forth the amendment or replacement sections, setting out new sections, and further amending said Ordinances by adding amendments as set out herein. These Ordinances shall be in full force and effect after their final passage and publication as provided by law. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection C of Section 2, Municipal Infractions, of Chapter 3, General Penalty, of Title 1, Administration, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Subsection C of Section 2, Municipal Infractions, of Chapter 3, General Penalty, of Title Ordinance No. 5135 Page 2 1, Administration, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: C. Penalties: The civil penalty for a municipal infraction, other than environmental violations and other than violations of Title 3, Chapter 2 or Title 10, shall be scheduled as follows: First offense $200.00 Second offense $500.00 Third and subsequent offenses $750.00 That Subsection A of Section 11, Penalties, of Chapter 2, Liquor Control, of Title 3, Business and License Regulations, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Subsection A of Section 11, Penalties, of Chapter 2, Liquor Control, of Title 3, Business and License Regulations, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: Any licensee, permittee or person violating any of the provisions of this chapter or the provisions identified in subsection 10-32-2B shall be subject to a fine of seven hundred fifty dollars ($750.00) for the first offense and one thousand dollars ($1,000.00) for each subsequent offense. In addition, violations of this chapter may be subject to such fines or penalties as are provided for in chapter 123 of the Code of Iowa. Repeated violations may result in the suspension and/or revocation of the licensee's or permittee's license or permit. The city may choose to process the violation as provided in subsection 1-3-2D of this code. That Section 10-32-2, Violations and Penalties, of the City of Waterloo Zoning Ordinance is hereby repealed in its entirety; and that a new Section 10-32-2, Violations and Penalties, of the City of Waterloo Zoning Ordinance is hereby enacted in lieu thereof as follows: A. Except as set forth in subsection B below, any person, firm, company or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be guilty of a municipal infraction and be subject to a civil penalty as set forth in section 1-3-2 of the Code of Ordinances. B. Any person, firm, company or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the following provisions of this Ordinance shall be guilty of a municipal infraction and shall be subject to a civil penalty as set forth in section 3-2-11 of the Code of Ordinances: section 10-3-1 (specifically, the definitions of Alcohol Sales Uses and Floor Space therein), section 10-14-1(A)(4), sections 10- Ordinance No. 5135 Page 3 15-1(A)(1) and (A)(3), section 10-18-1(A)(2), section 10- 24-1, section 10-26-1(C)(2), section 10-27-1(H)(15), section 10-27-1(Q), and 10-27-1(R). C. In addition to the penalties provided for in subsections A and B above, any person, firm, company or corporation that is guilty of a municipal infraction thereunder shall be subject to all of the remedies available under Iowa Code section 364.22 and any amendments thereto, including but not limited to ordering the defendant to abate or cease the violation, authorizing the City to abate or correct the violation, and ordering that the City's costs for abatement or correction of the violation be entered as a personal judgment against the defendant, assessed against the property where violation occurred, or both. In addition to the penalties stated above in this section 10-32-2, an administrative fee of one hundred dollars ($100.00) will be charged for the second offense occurring within one (1) year, and for additional offenses occurring within one (1) year the administrative fee shall be three hundred dollars ($300.00) for each additional offense. Notice of the administrative fee, and procedures for payment, assessment, and appeal of same, shall be as set forth in section 1-3-2E of the Code of Ordinances. D. Each day that a violation is permitted to exist shall constitute a separate offense. E. The City Planner or designee is hereby designated and ordered to enforce this Zoning Ordinance. INTRODUCED: November 5, 2012 PASSED lst CONSIDERATION: November 5, 2012 PASSED 2nd CONSIDERATION: November 5, 2012 PASSED 3rd CONSIDERATION: November 5, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 5th day of November, 2012, and approved by the Mayor on the 5th day of November, 2012. Ernest G. Clark, Mayor ATTEST: SuzySch res, CMC City Cl k Ordinance No. 5135 Page 4 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5135, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 5th day of November, 2012. Witness my hand and seal of office this 5th day of November, 2012. 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SSaJDhH teal} I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5135 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 21 st day of November, 2012 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $62.06 Signed Subscribed and sworn to before me this 0y Day of Z—1•-A_D_ 2..0 F-777, a a . ,. U W T ,t�� ,4 Notary Public Received of the sum of Dollars. In full for publication of the above notice.