HomeMy WebLinkAbout3584-09/26/1988 ORDINANCE NO. 3584
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF WATERLOO, IOWA, BY ADDING SECTION 23-1/2-7A, JUNK
MOTOR VEHICLES, TO CHAPTER 23-1/2, LITTER CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
That Section 23-1/2-7A, Junk Motor Vehicles, is hereby added
to Chapter 23-1/2 , Litter Control, of the Code of Ordinances of
the City of Waterloo, Iowa, as follows:
Section 23-1/2 - 7A. Junk Motor Vehicles.
7A-1. Definitions.
a. A "Junk Motor Vehicle" shall mean any motor vehicle
stored within the corporate limits of the City of
Waterloo, Iowa, which has any one of the following
characteristics:
( 1) Any vehicle which has become the habitat of rats,
mice or snakes, or any other vermin or insects.
( 2) Any vehicle if it lacks an engine or two or more
wheels or other structural parts which render said
motor vehicle totally inoperable or unable to move
under its own power.
( 3 ) Any other vehicle which, because of its defective
or obsolete condition, in any other way constitutes
a threat to public health and safety.
b. "Vehicle" means every device in, upon, or by which a
person or property is or may be transported or drawn
upon a highway or street, excepting devices moved by
human power or used exclusively upon stationary rails or
tracks, and shall include without limitation a motor
vehicle, automobile, truck, trailer, motorcycle,
tractor, buggy, wagon, farm machinery, or any
combination thereof.
c. "Health Officer" means the administrator of the Black
Hawk County Health Department or his/her authorized
representative.
d. "Enclosed Building" means any structure or portion
thereof built for the enclosure of property containing a
roof and having exterior walls of the structure or
portion thereof constructed in such a manner as to
obscure from any street or adjacent property the
contents thereof.
7A-2. Junk motor vehicles declared a nuisance.
Except as hereinafter provided, it is hereby declared that
the unlawful storage of a junk motor vehicle upon either
public or private property within the corporate city limits
of the City of Waterloo, Iowa, constitutes a threat to the
health and safety of the citizens and is a nuisance. If any
junk motor vehicle is unlawfully stored upon private property
in violation hereof, the owner of said vehicle and the owner
of the property shall be liable for said violation.
NW 282 PAGE /19
jl
Ordinance No. 3584
Page 2
7A-3 . Notice of violation.
Upon discovery of any junk motor vehicle stored upon private
property within the corporate limits of the City, the health
officer shall notify the owner of the junk motor vehicle, all
lienholders, if they can be identified, and the owner of the
property by delivering a copy of the notice to the individual
personally; or by serving, at the individual' s dwelling house
or usual place of abode, any person residing therein who is
at least 18 years old; or upon the individual' s spouse at a
place other than the individual' s dwelling house or usual
place of abode if probable cause exists to believe that the
spouse lives at the individual ' s dwelling house or usual
place of abode; or by sending a copy thereof by certified
mail, return receipt requested. This notice shall contain
the following information:
( 1) That the junk motor vehicle constitutes a nuisance under
the provisions of this chapter;
( 2 ) A description, to the extent possible, the year, make,
model, color and location of the vehicle;
( 3) That the owner of the junk motor vehicle and/or property
owner must remove the junk motor vehicle or correct the
violation in accordance with this chapter;
( 4) That failure to comply with the provisions of this
chapter within ten ( 10 ) days from the date of mailing of
notice, the owner of the junk motor vehicle and the
property owner shall be liable for the violation;
( 5 ) That the junk motor vehicle will be removed by the City
and impounded at the owner' s expense; and
( 6) Notice shall be deemed given when mailed. If the notice
is returned undelivered by the U.S. Post Office, action
to abate the nuisance shall be continued to a date not
less than ten ( 10) days from the date of such action.
( 7 ) Notice by one publication in one newspaper of general
circulation in the area where the vehicle is located
shall be sufficient to meet the requirements of this
chapter. The published notice may contain multiple
listings of junk motor vehicles but shall be published
within the same time requirements and shall contain the
same information as prescribed for mailing notice in
this section. Published notice may be used if:
(a) The identity of the last registered owner cannot be
determined, or
(b) The registration contains no address for the owner,
or
(c) It is impossible to determine with reasonable
certainty the identity and address of all
lienholders.
( 8) That if the junk motor vehicle is not redeemed within
sixty ( 60) days after impoundment, and no hearing is
requested pursuant to the provisions of Section 7A-8,
the owner of the junk motor vehicle, the property owner
and the lienholders shall no longer have any right,
title, claim or interest in or to the junk motor
vehicle.
BOIX 282 MEMO
Ordinance No. 3584
Page 3
( 9) That the persons to whom the notices are directed may
request a hearing pursuant to the provision of Section
7A-8.
7A-4. Abatement.
If the owner of the vehicle or the owner of the property upon
which the junk motor vehicle is located fails to remove or
repair the vehicle in accordance with the terms of the
provisions of this chapter, the Health Officer shall abate
such nuisance by causing the junk motor vehicle to be removed
and impounded and sold or disposed of as specified herein,
and, the cost of abatement shall be charged to the owner of
the junk motor vehicle and/or the owner of the property.
7A-5. Redemption of impounded vehicle; fees.
Within sixty ( 60) days after the impoundment of any junk
motor vehicle under this article, the owner thereof may
appear and claim the same on payment of an impoundment fee,
and towing and storage charges. Upon payment of said fees
and proof of ownership, said vehicle shall be released. If
at the end of sixty ( 60) days, no owner claims the junk motor
vehicle, the owner of the junk motor vehicle shall no longer
have any right, title, claim or interest in or to the junk
motor vehicle. During said period of impoundment, the
impoundment facility upon which the junk motor vehicle is
being stored shall be responsible for the vehicle.
7A-6. Duty of owner to remove or repair.
The owner of a junk motor vehicle or property owner who
violates the provisions of Section 23-1/2-7A shall, within
ten ( 10) days after receipt of the notice of violation,
remove the junk motor vehicle to one of the areas provided in
Section 7A-7 , Exceptions, or repair the defects which caused
such vehicle to violate the provisions of this article.
If a hearing is requested under Section 7A-8, the duty of the
owner to remove or repair the junk vehicle shall be suspended
pending the decision.
7A-7. Exceptions.
The following exceptions shall apply to Section 23-1/2-7A:
( 1) The terms and provisions of this section shall not apply
to any person, firm, association, partnership or
corporation or any agent thereof that is duly licensed
by the City, as a salvage yard operator in full
compliance with all of the ordinances of the city, and
the laws of the state.
( 2) The terms and provisions of this chapter shall not apply
to any junk motor vehicle that is stored within an
enclosed building as defined in this section.
( 3 ) The terms and provisions of this chapter shall not apply
to businesses or operators of businesses engaged in the
towing, repairing, or storing of junk motor vehicles,
motor vehicles, construction or heavy industrial
equipment or machinery if the business is otherwise in
full compliance with all ordinances of the city, and the
laws of the state.
BOOK 282 PAGE.481
Ordinance No. 3584
Page 4
7A-8. Hearing.
(1) Any person ordered to abate a nuisance or condition may
request a hearing before a Committee of the City Council
appointed by the Mayor, or an official of the City
designated by the Committee of the council to determine
whether a nuisance or prohibited condition exists.
( 2) A request for a hearing shall be made in writing and
filed with the City Clerk and the Health Officer within
the ten ( 10 ) day limit or
(a) The right to a hearing shall be considered waived,
and
(b) It will be conclusively presumed that the nuisance
or prohibited condition exists and it must be
abated as ordered.
( 3 ) The hearing officer( s) shall, within fifteen ( 15) days
after the filing of the request for hearing, fix the
time and place of hearing, which shall be within thirty
( 30) days of the filing of the request.
( 4 ) At the conclusion of the hearing, the committee of the
City Council, or its designee, shall render a written
decision as to whether a nuisance exists. If a nuisance
is found to exist, it shall be ordered abated within a
reasonable time.
( 5) This decision shall be final.
7A-9. Prima Facie Presumption.
In any proceeding charging a violation of this Chapter, proof
that the particular vehicle described in the information was
stored in violation of said Chapter, together with proof that
the defendant named in the information was the registered
owner of the vehicle or the owner of the property on which
said junk motor vehicle was unlawfully stored at the time of
the alleged violation, shall constitute a prima facie
presumption that the registered vehicle owner and/or the
property owner was the person violating this chapter or
allowing the violation to occur.
7A-10 . Penalty.
Any person violating this section or any provisions thereof,
or who fails to comply with any order of the Health Officer
or who interferes with or obstructs the Health Officer in
his/her investigation shall be guilty of a simple misdemeanor
and upon conviction thereof may be fined not more than One
Hundred Dollars ( $100. 00) . Each day that a violation occurs
constitutes a separate offense.
7A-11. Municipal Infraction.
Violation of the provisions of this ordinance may also be
considered a municipal infraction as provided in Section
364. 22 of the Code of Iowa. If a municipal infraction
citation is served, the procedures for enforcement of that
civil offense shall be governed by Section 364. 22, Code of
Iowa.
BOOK. 282 PAGE 482
Ordinance No. 3584
Page 5
7A-12 . Severability.
If any section, provision or part of this article shall be
adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the article as a whole or any
section, provision or part thereof not adjudged invalid or
unconstitutional.
INTRODUCED: September 26 , 1988
PASSED 1ST CONSIDERATION: September 26 , 1988
PASSED 2ND CONSIDERATION: September 26 , 1988
PASSED 3RD CONSIDERATION: September 26 , 1988
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 26th day of September, 1988, and approved
by the Mayor on the 28th day of September, 1988.
:I'Vlif
Bernard McK nl Y, Y a or
ATTEST:
ar P. Burger, ity Clerk/Auditor
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3584 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 26th day of September, 1988 .
Witness my hand and seal of office this 28th day of
September, 1988,
La y P. urger ity Clerk/Auditor
4554
YNDEX 5 BLACK HAWK CDii TY. RiWA:SS
COMPARES Filed for record Oct 3 1g?1
PAGED PI" at X.40 P M, and recorded i
Book a
Page 4 79 r �
Recorder
Deputy 8
Fee S, p <7.
Boy 282 PACE 483
STATE OF IOW Al5S Ordinance No . 3584 I do solemnly swear that the annexed copy of Legal
Black Hawk County, in the issue/of _
a daily newspaper printed in Waterloo,
ORDINANCE NO.3584 �� _eg@lFtWe'
AN ORDINANCEAMENDING
OF THETHE CODC T W YOF ORDINANCES
OF TERLOO, Black Hawk County, Iowa once t!"
IOWA,BYADDINGSECTION 23-
1/2-7A, JUNK MOTOR VEHI-
CLES,
notice was published in the Waterloo CourierTOCHAPTER23.1/2,LIT- commencing On tfTQ-------
�.�.
ITER CONTROL. .1
BE IT ORDAINED BY THE October 5, 1988
COUNCIL OF THE CITY OF
WATERLOO,IOWA,as follows:
That Section 23•'h-7A,Junk Motor
Vehicles, is hereby added to
Chapter loo,I Litter contra, of of said newspaper, and that the annexed rate of
the Code of Ordinances of the City
of Waterloo,Iowa,as follows:
Section 23-' - 7A. Junk Motor advertising is the regular legal rate of said newspaper,and that the following is a correct� billfor
Vehicles.
7A-1.Definitions. Punter S BIII $ d
a.A"Junk Motor Vehicle"shall publishing said notice.
mean any_motor vehicle stored
�; within the'�Wrporate limits of the
City of Waterloo,Iowa,which.has {,.,,,,
any one of the follovring
ii)Any characteristics: Signed _
the habitatcl of tat ,has mbecome
ce or i•
the habitat of rats,
f day of
snakes, or any other vermin or Subscribed and sworn to before me this y�'`�
insects. �( C"
Any vehicle if It lacks an en- "�I 'J
sine or two or more wheels or �` � ��' A.D., 19
other structural parts which ••tt
inoper said or ur ble to totally La___1.- --1/7/ta--
,';) i ,
inoperable or unable to mgYe ��Funder Its own power. 777 6 Notary Public
i (3) Any other vehicle which, be-
; cause of its defective or obsolete
i condition, irrany other way con-
stitutes a thr at toot
o public health Received of
and safety
b."Vehicl means every device
In,upon,or by which a person or Dollars
property is or may be transportedf the sum Of
or drawn upon a hlghway,yor i
street, excepting devices moov�eds
by human power or used ex-
clusively upon stationary rails or
tracks,and shall include without
limitation a motor vehicle,auto-
mobile, truck, trailer, motor-
buggy, wagon,
_________,.. .....,-tor,-- •any combine-