HomeMy WebLinkAbout2002-09-10 Ordinance Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00006)
ORDINANCE NO. 02-4039
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE
ZONING DESIGNATION OF APPROXIMATELY 31.1 ACRES OF PROPERTY FROM MEDIUM
DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8, TO OVERLAY PLANNED DEVELOPMENT
HOUSING MEDIUM DENSITY, OPDH-8, AND APPROVING A PRELIMINARY PLAT AND
OPDH PLAN TO ALLOW A 'I82-UNIT RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF
LOWER WEST BRANCH ROAD AND NORTH OF CAMDEN ROAD.
WHEREAS, the applicant, Arlington L.C., is owner and legal title holder of approximately 31.1 acres of
property located south of Lower West Branch Road and north of Camden Road; and
WHEREAS, the applicant has requested the rezoning of said property from Medium Density Single-
Family Residential (RS-8) to Overlay Planned Development Housing Medium Density (OPDH-8) and has
requested approval of a Preliminary Plat and Preliminary OPDH Plan to allow a 182-unit residential
development; and
WHEREAS, the Planning and Zoning Commission approved a variation to allow multiple duplex-and
townhouse-style buildings on a single lot, which will be managed by a homeowner association; and
WHEREAS, the waiver to allow three 12-unit apartment buildings provides for a diversity of housing
types within the new neighborhood and complies with the concept plan for development of this property
illustrated in the Northeast District Plan; and
WHEREAS, the waiver to reduce the distance between two principle buildings on a single lot from a
distance equal to the height of the highest building to 15 feet provides for more efficient land use; and
WHEREAS, the reduction of the standard width of private streets from 28 feet to 25 feet provides for
more efficient land use and compact street network; and
WHEREAS, the Parks and Recreation Commission has accepted the dedication of Outlot "A" for
public park land and the applicant has agreed to pay fees in lieu of dedicating additional public park land;
and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring development of the property in accordance with the neighborhood design policies of the
Northeast District Plan, with provisions for financial contributions toward the improvement of Lower
West Branch Road, and with provisions for the payment of fees in lieu of parkland dedication, the
proposed rezoning is in conformance with the Northeast District Plan and Comprehensive Plan, and
that the proposed Preliminary Plat and Preliminary OPDH Plan is in technical compliance with all
applicable provisions of the City Code; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs
directly caused by the requested change; and
WHEREAS, the applicant/owner acknowledges that certain conditions and restrictions are
reasonable to ensure the appropriate development of the property in accord with the Northeast District
Plan and to ensure that the development makes appropriate contributions to infrastructure in proportion
to the needs directly caused by the requested zoning change; and
WHEREAS, the applicant/owner has agreed to develop this property in accordance with the terms
and conditions of the attached Conditional Zoning Agreement to ensure that the property is developed
in general accordance with the neighborhood design policies of the Northeast District Plan and to
ensure that appropriate, proportional contributions are made to public infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to Iowa Code §414.5 (2001) and the terms and conditions of the
Conditional Zoning Agreement attached hereto and incorporated by reference herein, the property
described below is hereby reclassified from its current designation of Medium Density Single Family
Residential, RS-8, to Overlay Planned Development Housing Medium Density, OPDH-8, and the
associated Preliminary Plat and Preliminary OPDH Plan is hereby approved:
Lot "A" of Windsor Ridge-Part Fifteen, in accordance with the Plat Recorded in Book 41 at Page 212
000869
Ordinance No. 02-4039
Page 2
of the Records of the Johnson County Recorder's Office; Outlet "A" of Stone Bridge Estates, Part
One, in accordance with the Plat Recorded in Book 43 at Page 143 of the Records of the Johnson
County Recorder's Office; Outlet "B" of Stone Bridge Estates, Part Two, in accordance with the Plat
Recorded in Book 44 at Page 56 of the Records of the Johnson County Recorder's Office. Said Tract
of Land contains 29.4 acres, more or less, and is subject to easements and restrictions of record.
SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land
uses are permitted and variations in building setback and lot area requirements may be approved for
planned developments, and Section14~6J-2-B of the City Code provides for flexibility in architectural
design, placement and clustering of buildings, use of open space, traffic circulation and parking, and
related site and design considerations. The following waivers are approved as part of the Preliminary
OPDH Plan:
a. Waiver of the setback requirements of the underlying RS-8 zoning to allow multiple duplex-
and townhouse-style buildings on a single lot.
b. Waiver of the underlying RS-8 zoning to allow three 12-unit apartment buildings.
c. Reduction of the required distance between two principle buildings from a distance equal to
the height of the highest building to 15 feet.
d. Reduction of the standard width of private streets from 28 feet 25 feet.
SECTION Ill. ZONING MAP. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT The Mayor is hereby directed to sign and the
City Clerk to attest, the Conditional Zoning Agreement between the Owners of the subject property and
the City, following passage and approval of this Ordinance.
SECTION V. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed
to certify a copy of this ordinance, a copy of the Preliminary OPDH Plan, and a copy of the Conditional
Zoning Agreement for this property, and record the same in the Office of the County Recorder, Johnson
County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance,
as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Sel)tember ,20 02
ATTEST:-'~.~''"''~'¢~'~2 ~ 2~4,~/
c,T¥ -ER gel L
000870
Ordinance No. 02-4039
Page 3
It was moved by Vanderhoef and seconded by O' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
First Consideration 8/20/02
Voteforpassage:AYES: Kanner, L~hman, O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion. NAYS: None. ABSENT: None.
Second Consideration ............................
Vote for passage:
Date published 9/18/02
Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be
considered and voted on for passage at two Goumcilmeetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this time. AYES: Lehman,
O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. ABSENT: None.
000871
Prepared by: Michael J. Pugh, 321 Market Street. Iowa City lA 52244 (319)354-1104
CONDITIONAL ZONING AGREEMENT
WINDSOR RIDGE PARTS 16-20
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City") and Arlington L.C. (hereinafter "Owner" or "Applicant").
WHEREAS, Applicant is owner and legal title holder of approximately 30 acres of property
located generally south of Lower West Branch Road and north of Camden Road; and
WHEREAS, the Applicant has requested rezoning of said property from Medium Density Single
Family Residential (RS-8) to Overlay Planned Development Housing Medium Density (OPDH-8)
and has requested approval of a Preliminary Plan and Preliminary OPDH Plan to allow a 182-unit
residential development known as Windsor Ridge Parts 16-20, Iowa City, Iowa; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the development of the property in accordance with the neighborhood design
policies of the Northeast District Plan, with provisions for financial contributions toward the
improvement of Lower West Branch Road, and with provisions for the payment of fees in lieu of
parkland dedication, the proposed rezoning is in conformance with the Northeast District Plan
and Comprehensive Plan, and the proposed Preliminary Plat and Preliminary OPDH Plan is in
technical compliance with all applicable provisions of the City Code, and
WHEREAS, Iowa Code Section 414.5(2001) provides that a municipality may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in
order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to
ensure that the development of the property is in accordance with the neighborhood design
policies of the Northeast District Plan and to ensure that the development makes appropriate
proportional contributions to infrastructure to make sure adequate streets and open space are in
place to serve the property; and
WHEREAS, the Owner and Applicant have agreed to develop and use the property in accordance
with the terms and conditions of a Conditional Zoning Agreement to ensure that the above
referenced Comprehensive Plan policies are addressed and that appropriate, proportional
contributions are made to public infrastructure and open space.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree
as follows:
1. Arlington L.C. is the owner and legal title holder of the property legally described as
follows:
Lot "A" of Windsor Ridge-Part Fifteen, in accordance with the Plat recorded in Book
41 at Page 212 of the Records of the Johnson County Recorder's Office; Outlot "A" of
000872
Stone Bridge Estates, Part One, in accordance with the Plat recorded in Book 43 at Page
143 of the Records of the Johnson County Recorder's Office; Outlot "B" of Stone
Bridge Estates, Part Two, in accordance with the Plat recorded in Book 44 at Page 56 of
the Records of the Johnson County Recorder's Office.
Said Tract of Land contains 29.4 acres, more or less, and is subject to easements and
restrictions of record.
Said property is hereinafter referred to as the "Subject Property" or "Windsor Ridge Parts 16-20".
2. Owner acknowledges that the City wishes to ensure appropriate development that
conforms to the neighborhood design policies contained within the Northeast District Plan and to
ensure that the development makes appropriate proportional contributions to infrastructure and
open space to make sure adequate streets and open space are in place and/or available to serve the
property and its residents. Further, the parties acknowledge that Iowa Code Section 414.5 (2001)
provides that a municipality may impose reasonable conditions on granting an applicant's
rezoning request, over and above the existing regulations, in order to satisfy public needs directly
caused by the requested change, including provisions for adequate infrastructure and open space
necessary to support urban development. Therefore, Owner and Applicant agree to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the Subject Property, Applicant agrees that
development of the Subject Property will conform to all other requirements of the zoning chapter,
as well as the following conditions:
a. The parties agree that, prior to any final plats being approved for Parts 16-20 of the
Subject Property, the Applicant shall contribute funds to the City for the reconstruction of
Lower West Branch Road. The Applicant agrees that the total amount of funds to be
contributed to City for the reconstruction of Lower West Branch Road is $66,875, said
amount being based on a rate of $125 per linear foot of road for the south one-half of a
535' section of Lower West Branch Road. Further, the funds to be paid to City for the
reconstruction of Lower West Branch Road for the 21.42 acres of the Subject Property
north of the line that demarcates the midpoint between Lower West Branch Road and
Court Street (as shown on the Preliminary Plat and OPDH-8 Plan) may be paid on a per-
acre basis, at a rate of $3,122 per acre, as part of final platting for each Part, with funds to
be paid, without interest, calculated based on the total acreage north of the midpoint line
of the lot being final platted. Any such funds shall then be payable upon the issuance of
the first building permit for any portion of the development.
b. Applicant agrees to dedicate to City 33 feet of right-of-way along Lower West Branch
Road.
C. Applicant agrees to dedicate to the City, as Neighborhood Open Space, the .93 acre
Outlot "A" demarcated on the Preliminary OPDH plan for Windsor Ridge Parts 16-20.
Applicant further agrees to pay fees in lieu of dedicating .99 acres of open space, said
fees to be equal to the fair market value of the .99 acres of land that would otherwise be
actually dedicated pursuant to the previously determined Neighborhood Open Space
obligation for the subject property under currently adopted City formulas. The fair market
value to be paid shall be based on the value of the undeveloped land, and shall be
determined by a qualified real estate appraiser who is acceptable to both the City and the
Applicant, with the City and the Applicant equally sharing appraisal costs.
000873
2
d. Applicant agrees to construct dwelling units within the development in accordance with
the submitted architectural designs represented by letters A-G on the Preliminary OPDH
Plan for Windsor Ridge Parts 16-20 approved contemporaneously with this rezoning, said
Preliminary OPDH Plan being incorporated herein by this reference.
4. The Applicant acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5(2001), and that said conditions
satisfy public needs which are directly caused by the requested zoning change.
5. The Applicant acknowledges that in the event the Subject Property is transferred, sold,
redeveloped or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the Subject Property, and shall remain in full
force and effect as a covenant with title to the land, unless or until released of record by the City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the parties. Provided the requirements of this
Conditional Zoning Agreement are satisfied with respect to each Part that is final platted, the City
shall execute a release of this Conditional Zoning Agreement for each such final platted Part once
the requirements of this Agreement area satisfied.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners or Applicant from complying with all applicable local, state and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and publication
of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the
Applicant' s expense.
Datedthis /~ day of August, 2002.
Gary Watts(Member Ernest W. Lehman, Mayor
Attest: 77¢ ~x~ ,~9 ~ ~--~4~-/.~~'~
Martan K. K~, City Clerk
SEfiL
000874
STATE OF IOWA, COUNTY OF JOHNSON, ss
On this 194 day of August, 2002 ~ before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Gary Watts, to me personally known, who, being by me
duly sworn, did say that he is a Manager of said limited liability company; that no seal has been
procured by the said company; and that said instrument was signed on behalf of the company by
authority of its managers and the said Gary Watts acka~owledged the execution of said instrument
to be the voluntary act and deed of said limited liability company, by it and by him voluntarily
executed.
STATE OF IOWA, COUNTY OF JOHNSON, ss
Onthis /~ dayof ..~,-]ep~L~c' , 2002, before me, the undersigned, a
Notary Pubhc tn and for the state of Iowa, personally appeared Ernest W. ~h~mn and Marian K.
Karo to me personally known and, who, ~ing by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing
instrument is the coworate seal of the co~oration, and that the instrument was signed and sealed
on behalf of the co~oration, by authority of its City Council, as contained in (Ordinance)
~) No. O~- ~ 3~ passed by the City Council on the /0 day of ~e c ,
2~2; and that Ernest W. ~n and Marian K. Ka~ ac~owledged the execution of the
instrument to ~ their voluntary act and deed and the volunta~ act and deed of the corporation,
by it voluntarily execute.
I~.1 SOND~E FORT ~
l~/ .. 5 ~ 7- o3 . / Notary Public in ~nd for Iowa
PHELAN TUCKER MULLEN
WALKER TUCKER GELMAN LLP
.............
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City of Iowa City
MEMORANDUM
Date: August 26, 2002
To: City Council
From: Jeff Davidson, Assistant Director of Planning and Community Development ~
Re: Proposed ordinance to ban trucks on First Avenue
When the First Avenue and Scott Boulevard extension projects were approved, you
indicated that when these projects were completed you would consider an embargo of
large trucks on the residential portion of First Avenue. Since the opening of the First
Avenue and Scott Boulevard extensions is scheduled for November, I have prepared an
ordinance for your consideration that will effect such a large truck ban on First Avenue.
The proposed ordinance adds First Avenue between Scott Boulevard and D Street to the
ordinance approved in 1978 that restricts large truck traffic on Kirkwood Avenue and
Lower Muscatine Road. State law requires that an ordinance or resolution be passed
when a city seeks to prohibit operation of large trucks on streets within its jurisdiction. It is
the opinion of the City Attorney that the passage of an ordinance would be more binding
for prosecution purposes.
The ordinance specifically exempts certain vehicles from the prohibition. This includes
commercial vehicles that have no other means of access to their destination, school
buses, and City emergency and service vehicles. If you approve this ordinance, signage
will be erected indicating that no trucks over 16 tons gross weight are allowed on First
Avenue between Scott Boulevard and D Street. The signs will be identical to the signs
posted on Kirkwood Avenue and Lower Muscatine Road.
In researching this matter I reviewed the 1978 materials that were prepared for the
Kirkwood Avenue-Lower Muscatine Road large truck embargo. Approval of the ordinance
at that time was strongly opposed by City staff. Staff's position at the time was that large
trucks should be encouraged to use the arterial street system. However, the Kirkwood
Avenue-Lower Muscatine Road large truck prohibition has not been controversial since its
passage. Police Department representatives have indicated that they do not devote any
special resources to the enforcement of this ordinance. The Police Department informs
me that trucks that are stopped typically have a rationale for being on Kirkwood Avenue or
Lower Muscatine Road that qualifies under one of the exemption premises.
Let me know if you have any questions.
cC: Steve Atkins
Karin Franklin
Chuck Schmadeke
Rick Fosse
Marcia Klingaman
Eleanor Dilkes
Matt Johnson
Beth Pfohl
ppdadm/mem/id-lrgtrucks.doc
Page 1 of 1
Marian Karr
From: Stephen Locher [Iochers@worldnet.att. net]
Sent: Wednesday, September 04, 2002 9:00 PM
To: council@iowa-city.crc
Cc: Stephen Locher
Subject: Truck Embargo on First Avenue Extension
Dear Councilors:
I urge your continued support for a resolution establishing a truck embargo on the First Avenue Extension limiting truck
traffic to trucks less than or equal to 16 tons gross weight.
Large freight trucks have no place on a street with numerous curb cuts, winding contours, intersections at the bottom of
hills, and a large school at the Rochester/1 st Avenue intersection.
Thank you.
Stephen Locher
Loch~rs@att. net
839 Bluffwood Drive
Iowa City, Iowa 52245
319-354-6260(H)
319-353-6798(VV)
9/5/02
Marian Karr
From: Ketterer, Margaret [margaret-ketterer@uiowa.edu]
Sent: Monday, September 09, 2002 4:31 PM
To: 'cou ncil@iowa-city.org'
Subject: truck embargo on 1st Avenue
Dear Members of Iowa City City Council:
I would like to thank you for holding firm on your promise to keep the 1st
Avenue extension closed to traffic until the entire Scott Blvd./lst Avenue
project is complete. I hope it is clear to other drivers, as it has been to
me, that the street needed resurfacing and intersection improvements
(including the stoplights at 1st and Court Street!) before it made ANY sense
to open it to traffic.
I hope that you will now install the necessary truck embargo on 1st Avenue
that you also promised when the project began. As an example of the
importance of this embargo: my husband was driving north on 1st Ave.
yesterday (Sunday, 9/8) in back of a very large semi-truck, which proceeded
to break off a large branch from one of the trees lining the street. In
addition to the damage to the tree, this branch blocked traffic on both
sides of the street and caused at least one car to have to swerve violently
to avoid hitting the branch. The situation is that 1st Avenue is simply too
narrow and residential to permit traffic by these large vehicles. Please
see to it that such traffic is routed to Scott Blvd., which is built to
handle such things.
A police presence, in addition, would certainly help to enforce such an
embargo and might have prevented yesterday's mishap.
Thank you for your attention.
Margaret R. Ketterer
2526 Mayfield Road
Iowa City , IA 52245
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF CITY COD 'ITLES 6, 10,
AND 14 TO INCREASE THE MUNICIPAL INFRACTION CIVIL ~IALTIES FOR
VIOL-'~TING NUISANCES PROVISIONS, SNOW RE LIIREMENTS,
BUILD~'~G CODE, HOUSING CODE, ELECTRICAL CODE CODE,
PLUMBII~G CODE, ZONING CODE, FIRE CODE, AND USE OF RIGHT-
OF-WAY R'E,,QUIREMENTS.
WHEREAS,kl~esolution 01-353 established a Neighborh Housing Relations Task Force
(hereinafter "Task'~orce") to fulfill the goal of improving j;~ ful habitation in Iowa City and
appointed eleven '-i~dividuals representing the 3t~fe,~ of tenants, landlords, and
neighborhoods to serve.~n the Task Force; /
WHEREAS, the Task'~r-, orce met fifteen (15) ti )etwe ~ovembe ' 7, 2001 and May 22,
2002;\-
WHEREAS, the Task Fo~,e held one public f to elicit comments from the public on its
proposals;
WHEREAS, the Task Force~,submitted "Proposed Initiatives/Report of Task Force"
(hereinafter "the Report") 2002;
WHEREAS, in addition to amend policy, the Report recommends code
amendments to increase the fines Jnicipal infractions for nuisances and other code
violations that impact on neighborhoods
WHEREAS, staff recommends th~ cipal infractions for violations of the zoning code,
building code, the housing code, the code, the plumbing code, mechanical code, fire
code, and public utilities' use of the also be increased, which is consistent with the
Task Force's recommendations; /
WHEREAS, in order to enhance of nuisances and related neighborhood
problems and violations of code, code, housing code, mechanical code,
plumbing code, electrical code requirements, and utilities' use of right-
of-way requirements, ~ould be increased; and
WHEREAS, it is in the est to adopt these ~endments.
NOW, THEREFORE, IT ORDAINED BY THE OF THE CITY OF CITY,
IOWA: /
SECTION I. AMEN[~VIENTS.
1. Title 6, entitled "P~blic Health and Safety," Chapter 1, ~d "Nuisances," is amended by
adding a new Se~ion 7 entitled "Violation" which rea :is
Violation of t)~is Chapter shall be a municipal infraction ;hable by a penalty of $250
for a persor/s first violation, $500 for the second offense, ;750 for the third offense.
2. Title 6, entitle~l' "Public Health and Safety," G,,hapter 2, entitled azardous $ubstance$," is
amended by,,~dding a new Section 4 entitled Violation" which reads as follows:
ViolatioP/of this Chapter shall be a municipal infraction punishable by a penalty of $250
for a p~rson's first violation, $500 for the second offense, and $750 for the third offense.
3. Title 6, e~itled "Public Health and Safety," Chapter 3, entitled "Weed Control," is amended
by addin/~ a new Section 5 entitled "Violation" which reads as follows:
Violation of this Chapter shall be a municipal infraction punishable by a penalty of $250
for a person's first violation, $500 for the second offense, and $750 for the third offense.
4. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," is amended
by adding a new Section 7 entitled "Violation" which reads as follows:
Violation of this Chapter shall be a municipal infraction punishable by a penalty of $250
Ordinance No.
Page 2
for a person's first violation, $500 for the second offense, and $750 for the third offense.
5. Title 6, entitled "Public Health and Safety," Chapter 9, entitled "Graffiti," is amended by
adding a new Section 4 entitled "Violation" which reads as follows:
Violation of this Chapter shall be a municipal infraction punishable by a penalty of $250
for a person's first violation, $500 for the second offense, and $750 for the third offense.
6. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6
is repealed in its entirety and a new Section 6 is added which reads as follows:
Removal of accumulations of snow and/or ice on City Plaza resulting from building
runoff shall be the r~ponsibility of the adjoining property owner. Violation of this
Section shall be a muh~cipal infraction punishable by a penalty of $250 for a person's first
violation, $500 for the ~cond offense, and,,$750 for the third offense.
7. Title 14, entitled "Unifi,,e~ ~D~_elopment Code, Chapter 1, entitled "Streets, Sidewalks and
Public Right of Way," Articl~ A, entitled "Streets, Sidewalks and Public Right of Way
Generally," Section 8, entitled "~ow and Ice Removal" is amended by adding~a' Subsection E
which reads as follows:
Violation of this Section shall b~ a municipal infraction punishable by of $250 for
a person's first wolat~on, $500 for the second offense, and offense.
8. Title 14, entitled "Unified Development Code," Chapter 5, ~g and Housing,"
Article A, entitled "Building Code," 4 is hereby repealE its entirety and a new
Section 4 is added which rea
Violation of this Article shall be infraction pL a penalty of $250 for
a person's first violation, $500 for $750 for the third offense.
9. Title 14, entitled "Unified Development C~ e," entitled "Building and Housing,"
Article B, entitled "Plumbing Code," is a new Section 6, which reads as
follows:
Violation of this Article shall be a municipal punishable by a penalty of $250 for
a person's first violation, $500 for offense, and $750 for the third offense.
10. Title 14, entitled "Unified Development hapter 5, entitled "Building and Housing,"
Article C, entitled "Electrical Code Section 28 which reads as follows:
Violation of this Article shall be a ~ punishable by a penalty of $250 for
a person's first violation, $500 ~ ~se, and $750 for the third offense.
11.Title 14, entitled "Unified Code," Chi ;r 5, entitled "Building and Housing,"
Article D, entitled "Mechanical "Section 4 is entirety and a new Section 4
is added which reads as foil
Violation be a municipal infraction a penalty of $250 for
a person's first viola $500 for the second offense nd $750 for the third offense.
12. Title 14, entitled "Un Development Code," Chapter "Building and Housing,"
Article E, I Code," by adding a which reads as follows:
Violation of tt- shall be a municipal infraction able by a penalty of $250 for
a person's t the second offense offense.
13. Title 7, Protection," Chapter "Fire Code," Section 4 is
repealed in and a new Section 4 is added which
of this Article shall be a municipal infraction r by a penalty of $250 for
a violation, $500 for the second offense, and offense.
14. Title "Unified Development Code," Chapter 2, lic Utilities and Use of
City Right of Way," Article A, entitled "General Provisions," Section ._.ntitled "Penalties" is
repealed in its entirety and a new Section 13 is added which reads as fol'lows:
Any violation of this Chapter shall be considered a simple misdemeanor, a municipal
infraction, or an environmental infraction. Municipal infractions shall be punishable by a
penalty of $250 for a person's first violation, $500 for the second offense, and $750 for
the third offense.
Ordinance No.
Page 3
SECTION Il. REPEALER. All ordinances and pads of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or pad of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not validity of the
Ordinance as a section, provision or pad thereof not invalid or unconsti-
tutional.
SECTION IV. DATE. This Ordinance shall be after its final passage,
approval and publication, as by law.
Passed and approved this __ of 2002.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
sue/°rd&res/NTF°rdfines'd°¢/////~'
City of Iowa City
E ORANDU
Date: September 10, 20,~,,~-%
To: City Council '~
From: Douglas Boothroy',"l~TEctor H n Services
Re: Increase in Municipal Infracti,
The Neighborhood Relations Task Force report recommends amendments to increase
fines for municipal infractions for nuisance and other Code violations that impact on
neighborhoods. All of the Code sections recommended for increased fines are considered
by staff to impact on neighborhoods and are consistent with the Task Force's
recommendations (e.g. building, plumbing, electrical, mechanical, and fire code violations
relate to dangerous buildings/nuisances). The municipal infraction fines are being
increased to $250 for first violation, $500 for second offense, and $750 for third offense for
the following Code sections:
1. Nuisance
2. Hazardous substance (storage and cleanup)
3. Weed control
4. Noise control
5. Graffiti
6. City Plaza (snow and ice removal)
7. Streets, sidewalks and public right-of-way (snow and ice removal)
8. Suilding Code
9. Plumbing Code
10. Electrical Code
11. Mechanical Code
12. Housing Code
13. Fire Code
14. Public utilities and use of the public right-of-way (excavation and cleanup)
hisadm/mern/mcplfines.doc