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HomeMy WebLinkAbout5155-3 /25/2013Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5155 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Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in its entirety; that a new Article B, Weeds, of Chapter 5, Vegetation, of Title 7, Public Ways & Property, is hereby enacted in lieu thereof as follows: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: CODE ENFORCEMENT OFFICER: Person(s) authorized to enforce weed ordinance. COMPLAINANT: That person who files a weed nuisance complaint as described in the Waterloo weed complaint policies. ENFORCING AGENCY: The administration and enforcement of the provisions of this chapter shall be the duty of the Code Enforcement officers. 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 or a call into the Code Enforcement Department 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. Ordinance No. 5155 Page 2 WEEDS: Includes all herbaceous vegetation that is not controlled, maintained and/or cared for under normal horticultural practices. (Ord. 4948, 6-22-2009) 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 of twelve inches (12") 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 (8") 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. 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 the Code Enforcement Department or designee. (Ord. 4948, 6-22-2009) 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. 4948, 6-22-2009) 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. Ordinance No. 5155 Page 3 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 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. 4948, 6-22-2009) 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, conspicuous posting at listed address, or parcel, and service by regular mail. Notices issued in respect of the same property in the same calendar year shall be delivered by conspicuous posting on the property and by regular 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. 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 Code Enforcement Department, 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 Ordinance No. 5155 Page 4 dollars ($100.00) shall be charged to a property owner who is issued more than one, (1) notice pursuant to this section for the same street address or assessor's parcel in the same calendar year. For each and every subsequent abatement action, a $300.00 administrative fee will be charged as provided in subsection 7 -5B -6B of this article. A party to whom a notice is issued who wishes to contest the administrative fee may file an appeal pursuant to subsection 7 -5B -6C of this article. (Ord. 4948, 6-22-2009) 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 Ordinance No. 5155 Page 5 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 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. 4948, 6-22-2009) 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 (12") in height if they are maintained free of weed hazard or nuisance. B. Wood perennials, purposefully planted, shall be permitted to exceed twelve inches (12") if they are planted and maintained in compliance with this chapter. C. Nonnoxious weeds and other growth shall be permitted to exceed twelve inches (12") 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 (300') 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 (12") in height. E. The exceptions stated in the foregoing subsections 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. 4948, 6-22-2009) f 4 Ordinance No. 5155 Page 6 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 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. 4948, 6-22-2009) INTRODUCED: March 25, 2013 PASSED lst CONSIDERATION: March 25, 2013 PASSED 2nd CONSIDERATION: March 25, 2013 PASSED 3rd CONSIDERATION: March 25, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 25th day of March, 2013, and approved by the Mayor on the 25th day of March, 2013. ATTEST: uzy Scha es, CMC City Clerk Ernest G. Clark, Mayor 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. 5155 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of March, 2013. Witness my hand and seal of office this 25th day of March, 2013. SEAL SuzyScha es, CMC City Cler