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Home My WebLink About1978-07-11 Ordinancei MILROr ILMLD BY JORM MICROLAB GEOAR RAPIDS AND DLS ;4014j, •Uelll ORDINANCE NO. 78-2909 AN ORDINANCE TO AMEND ORDINANCE NO. 78-2891 14HICH ADOPM THE MOUSING OCCUPANCY AND MAINTENANCE CODE 13Y ESTABLISHING SEARCH WARRANT PROVISIONS. BE IT ENACTED by the City Council of the City of Iowa City, Iava. SECTION 1. PURPOSE. The purpose of this ordinance is to amend the Housing Occupancy and Maintenance Code by changing Section 9.30.3C, Section 9.30.31), Section 9.30.3D and Section 9.30.3P of said ordinance to change all references of Order to Allay Inspection to Search Warrant. SECTION II. AMM%IEKTS. The Housing O,cupancy and Maintenance Code is amended as follows: 1. Section 9.30.30 is hereby amended to read as follows: Right of Entry. Wherever necessary to make -an inspection to enforce any of the provisions of the Housing Code, or whenever the Housing Inspector or his/her authorized representative has reasonable cause to be- lieve that there exists in any dwelling, dwelling units, roaming units, structures, or premises any condition which makes such unit or premises in violation of any pro- vision of the Housing Code, or in response to a complaint that an alleged violation of the provision of the Housing Code or of applicable rules or regulations pursuant thereto may exist, the Housing Inspector or his/her authorized representative may enter such unit or premises at all reason- able times to inspect the same or to perform any duty imposed upon the housing Inspector by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the Owner or other person having charge or control of the building or premises and re- quest entry. The Housing Inspector or authorized representative shall at such time: 141CRUILME0 BY JORM MICR+LAB MAR PAPM • Df'401US /zsY MILROFILM-10 9Y JORM MICROLAB ordinance No. 78-2909 Page 2. CEDAR RAPIDS AND DLS MUINLj, .UV"t 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control of the premises may refuse, with- out penalty, entry Without a Search Warrant. 4. Explain that if entry is refused, the Housing Inspector may apply to a Magistrate for a Search Warrant. 2. Section 9.30.3D is hereby amended to read as follows: Search Warrant. The Housing Inspector is hereby authorized to conduct consensual in- spections of any dwelling within Iowa City, Iowa, on a reasonable and regular inspectional basis or upon request or complaint, in order to per- form the duty of safeguarding the health and safety of the occupants or the public. If con- sent to inspect the building is withheld by any person or persons having the lawful right to exclude, the Housing Inspector shall apply to i a Magistrate of the Iowa District Court in and for Johnson County for a Search Warrant of the building. 3. Section 9.30.31) is hereby amended to read as follows: Penalty. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, roaring unit, structure, pr premises shall fail or neglect, after presentation of a Search Warrant, to properly permit entry therein by the ]sousing Inspector or his/her authorized representative for the purpose of inspection and examination pursuant to the housing Code. Any person violating this subdivision shall be fined not Imre than $100 or imprisoned in County Jail for not more than thirty (30) days. 4. Section 9.30.3r is hereby amended to read as follows: MICROFILMED BY I �1 JORM MICR+LA9 1 CFDBP RAPM • OES MOIRES i 14iLROFIL;,1LD BY JORM MICROLAB ordinance No. 76-2909 Page 3. CEDAR RAPIDS AND uLS AUI:IL'�, Iur„I Evidence. Evidence obtained by use of a Search Warrant may be used to effectuate the purposes and Provisions of the Housing Code in any ensuing action brought by the City for a violation of the Housing Code. SECTION III, REPEALER. All other ordinances and parts of ordinances in conflict with the provisions of the ordinance are hereby re- pealed. SECTION IV. SAVINGS CLAUSE. If any section, provision or part of the ordinance shall be adjudged 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 in- valid or unconstitutional. V, EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of July 1978. G24i16;;• ,/e'�rtTi_' ROBEE;!r A. VEVNIA, M1AYO11 ATTEST: 2L4 ABBIE SIU121 S, CITY t Ir;... r4: I IdICROPILI4FD BY JORM MICR�LAB CEDAR RAPIDS • DE.S MOINES MILRUFILMED BY JORM MICROLAB Ord. No. 78-2909 • CEDAR RAPIDS AND ULS lluli1LJ, iu n It was moved by Perret , and seconded by Roberts that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL _ x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration Moved by Perret, seconded by Roberts, that Vote for passage: the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at Second consideration which it is to be finally passed be sus - Vote for passage: pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser. MICROrILMED BY JORM MICR+LAB CEDAR RAPIDS - nrS MOINES RFCFIVFZ BY TRI UGZ "PAF.IICNT i I i j i .M i MILRUFILMED BY JORM MICROLAB Ord. No. 78-2909 • CEDAR RAPIDS AND ULS lluli1LJ, iu n It was moved by Perret , and seconded by Roberts that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL _ x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration Moved by Perret, seconded by Roberts, that Vote for passage: the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at Second consideration which it is to be finally passed be sus - Vote for passage: pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser. MICROrILMED BY JORM MICR+LAB CEDAR RAPIDS - nrS MOINES RFCFIVFZ BY TRI UGZ "PAF.IICNT i I i h1ICROFILMED BY JORM MiCROLAB 011DINANCI'S W. CEDAR RAPiDS AND ULS AUIhiLu, :urn. AN ORDINANCE, FSfABLISHING A DO%WM%VN CC)hti\1ISSION IDR 11ir CITY OF IOWA CITY, IMA BE IT ORDAINED BY 11lE COM"' OF Tiff: CITY/ F 10WA CITY, INA. !! I. &S'fABLISIMEM. 'Chore is hereby e�Lablished a town Comnission for the CIsion Iow City, Iowa. ll II. h'L11sBIP. TheDowntown R%mbersshalLabe j consist: o nine members • Five appointed the City Council. ¢f the City of i Iowa. Ci Ly. hese members shad be owners or tenants of p perty locatodin the central a City business district of 1wri C ty•The the I(I0 City Parks fw liecreat n Carmi.s., n' Rousing Conmissi , the I nwa City Planning & i Zoning Commission, 'nd e Iowa City Design i Review Commission s 1 rsclol'dthegDrnmt(vvn member to serve as CoMission, with ful spiv legesuO7e�torship• L'ach such appointee approval of the C4. Counc ] of the City of i Irnva City. All mcfners of �e Commission shall be qualified c1. {ors of the ity Co Iowa City and shall serve s members of a Commission without coupon: tion. The term 01, office o each member II1. fly. into by the of the Downt wn Comnission appo•Pro- City Counci shall be four (4) years. vid(d that )f the five members first a oi.nted to the: Ik tavn Cemission, two shall be ap- pointed a term of two (2) Years, and t ee shall l appointed to a term of four (4) ye rs. The Le m of office of each member of the Ib - � town t, ission designated by the Parks & Re- crew ion Commission, the Planning & Zoning C( ission, the (lousing Commission, and the De 11m Review Committee shall be one l(1) the 1. teams shall commence on January ear of appointment. K •�.- tdICROf ILMCO BY ' "j JORM MICROLAB , f.F0I1R IigP105 DCS MOINES t�ICROFILMEO BY JORM tMICROLAB CEDAR RAPIDS AND OLS hlUi;iL�, "J"" Ordinance No. Pale 3, IL yti reeved by seem od by thy: Orc'nance be adopted urd fl call the were: / AY�. NAYS: ABSNr. Balmer that roll 4A-A� 7////78' 1st consideration 6/13/78 /Erdahl, for passage: yes: Vev\Balmer,deProsse, Erdahl, hauser, Perret, Roberone. Absent: None 2eration 6/27/78 for passage: Ayes: PerBalmer, deProsse, Neuhauser. NaysAbsent: None. Dlication T~ •C"f MICROFILMED BY JORM MICR+LAB CCDM RAPMS - DES MDIIIES RECEIM 6; APPROVED BY THE LXGAL DEPARTONT n` t�ICROFILMEO BY JORM tMICROLAB CEDAR RAPIDS AND OLS hlUi;iL�, "J"" Ordinance No. Pale 3, IL yti reeved by seem od by thy: Orc'nance be adopted urd fl call the were: / AY�. NAYS: ABSNr. Balmer that roll 4A-A� 7////78' 1st consideration 6/13/78 /Erdahl, for passage: yes: Vev\Balmer,deProsse, Erdahl, hauser, Perret, Roberone. Absent: None 2eration 6/27/78 for passage: Ayes: PerBalmer, deProsse, Neuhauser. NaysAbsent: None. Dlication T~ •C"f MICROFILMED BY JORM MICR+LAB CCDM RAPMS - DES MDIIIES RECEIM 6; APPROVED BY THE LXGAL DEPARTONT M1UROFILMED BY JORM MICROLAB CEDAR RAPIDS AND uLS hiGil+L ,u,l., Allee 11 UG ORDINANCE NO. 78-2910 AN ORDINANCE VACATING STREETS AND ALLEYS WITHIN THE URBAN RENEWAL PROJECT AREA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY; IOWA. Section 1. That the streets and alleys in Iowa City be and the same are hereby vacated. 1. College Street from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. 2. The Block 84 alley from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. 3. The Block 83 alley from the easterly right-of-way line of Capitol Street to the westerly right-of-way line of Clinton Street, August 1, 1978. -i 4. The Block 64 alley from the easterly right-of-way line of Dubuque Street to the i westerly right-of-way line of Linn Street, August 1, 1978. i Section 2. If any section, provision or part of t is r inance 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 3. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of July 1978. 0E�, MR�6� ATTEST:04L.*eIE ST US, CI� ERK I41CROFIL141D BY rf JORM MICR+LAB CrOAR RAPIDS • ')CS MINIS tjjLRUFIL11ED BY JORM MICROLAB • CEDAR RAPIDS AND ULS ;1Uif1Lj, :UIJI. Ord. N—'78-2910 Page 2 It was moved by deProsse and seconded by Perret that t e Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _ x Neuhauser x Perret x Roberts x Vevera lst consideration 6/27/78 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: None. Absent: None. 2nd consideration Vote for passagx: Moved by Balmer, seconded by Roberts, that the rule requiring ordinances to be con - 3rd consideration sidered and voted on for passage at two Vote for passage: Council meetings 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: Roberts, Vevera Balmer, deProsse, Erdahl, Perret. Nays: none Absent: Neuhauser. RECEIVED h APPROVED BY TRE LEGAL DEPARTlEERT a I 141CROFILMED BY DORM MICR+LAB ! CRDAR RAPIDS • nES MOINES i i tjjLRUFIL11ED BY JORM MICROLAB • CEDAR RAPIDS AND ULS ;1Uif1Lj, :UIJI. Ord. N—'78-2910 Page 2 It was moved by deProsse and seconded by Perret that t e Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _ x Neuhauser x Perret x Roberts x Vevera lst consideration 6/27/78 Vote for passage: Ayes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: None. Absent: None. 2nd consideration Vote for passagx: Moved by Balmer, seconded by Roberts, that the rule requiring ordinances to be con - 3rd consideration sidered and voted on for passage at two Vote for passage: Council meetings 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: Roberts, Vevera Balmer, deProsse, Erdahl, Perret. Nays: none Absent: Neuhauser. RECEIVED h APPROVED BY TRE LEGAL DEPARTlEERT a I 141CROFILMED BY DORM MICR+LAB ! CRDAR RAPIDS • nES MOINES MICROFILMLD BY JORM MICROLAB CEDAk RAPIIIS AND uLS HUik U+.II VI1<y OT IOWA %•r`Y MEMORANDUM DATE: July 6, 1918 TO: City Council FROM: Rosemary Vitosh, Director of Finance Pj RE: Water Meter Ordinance Amendment We presently have six sewer accounts on a flat rate charge. Only one is a residence. The others are the following businesses: The residence is charged $1.00 per month. The monthly rates were guesses because the actual quantity of water used is unknown, however, I would venture to guess that all are quite low. Staff has discussed this situation for some time and has decided that the only method equitable to all water and sewer users would be to meter water usage for all sewer users. Current water rates include the cost of meter purchase, installation and maintenance. erefore, it sir that oh private water supplies alsopayfor theinstallationandrental ofmeters In addition to those listed above, an account also needs to be set up for the Law Offices of Sladek & Lynch on Highway 1 West. We have held of setting up this account pending a decision on whether or not to require water meters. With the potential of more commercial development on the southwest side of Iowa City, it is imperative that procedures be set. MICWWIED BY ' I DORM MICR6LAB MAP RAPIDS • DlS 1.101KS Address Monthly Rate Name Frake & Strothman 423 Highland Avenue $ 1.28 1,p8100.00 Cline Truck Equipment 501 Highland Avenue 4 Kodros Trailer Court South Gilbert/Rt. 96 Univ. of Ia. Campus Mail 129 West Court 1.50 Dale's Auto & Trk. Serv. Hwy. 1, West The residence is charged $1.00 per month. The monthly rates were guesses because the actual quantity of water used is unknown, however, I would venture to guess that all are quite low. Staff has discussed this situation for some time and has decided that the only method equitable to all water and sewer users would be to meter water usage for all sewer users. Current water rates include the cost of meter purchase, installation and maintenance. erefore, it sir that oh private water supplies alsopayfor theinstallationandrental ofmeters In addition to those listed above, an account also needs to be set up for the Law Offices of Sladek & Lynch on Highway 1 West. We have held of setting up this account pending a decision on whether or not to require water meters. With the potential of more commercial development on the southwest side of Iowa City, it is imperative that procedures be set. MICWWIED BY ' I DORM MICR6LAB MAP RAPIDS • DlS 1.101KS