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HomeMy WebLinkAboutCouncil Packet - 2/6/2017 7-5B-4: WEED COMPLAINTS: A. The waste management services department \[code enforcement department\] 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.\[B.\] 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. \[code enforcement department.\]The superintendent or his designee and code enforcement \[The code enforcement department\] 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. 5155, 3-25-2013) \[C. Abandoned properties and or lots: Abandoned properties and or lots that are confirmed to be chronic nuisances will be put on a list to be mowed on a regular basis by a contractor. Cost for said mowing will be assessed to the taxes for the property.\] 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, \[code enforcement department,\] 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. \[Subsequent notices issued in respect of the same property in a calendar year shall demand abatement of the nuisance or hazard within three (3) days from the date of conspicuous posting at listed address or parcel, and service by regular mail.\] 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 \[declares\] 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 subsequent abatement action, a three hundred dollar ($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. 5155, 3-25-2013) 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 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. 5155, 3-25-2013)