HomeMy WebLinkAbout1988-01-12 OrdinanceORDINANCE NO
ATI ORDIWCE anending Chapter 31, Article V,
Division 3, "ICE All) SNOW nOVAL" of the e of
Ordinances of the City of Iowa City, Iowa, by ing
thereto a new section to be codified as tion
31-124, Providing Regulations for the Re al of
Snow and Ice from Private Property.
8E IT OMAItED BY THE CITY COLMIL OF TH CITY OF
I CITY, IOWA:
CTIOII I. That Chapter 31, Artic a V, Division
3, E PMO SNOW RB43VAL" of the Cod of Ordinances
Of th City of Iowa City, Ias, be, arid' the sane is
hers. nded by addi g the eto a following new
section s Section 31-124, entjtic�l "mal by
Individual ", as follows: /
Section 1-124. l� oval by individuals.
(a) It s 11 be unlawful fQr any property owner
tobye n in possessi n to remove or allay
eal from is 'or her property,
snow and ice acc lations and to place
such acc lations the private property
of another.
(b) It shall be u la wF 1 for any property aner
or person in n scion to remove or allow
to be re oved, nod and/or ice accurula-
tioons in such A',vay as to deposit such
accurulations on public property or public
right-of-tay causing a traffic obstruction,
sight obstruction, pedestrian obstruction
or any other such hazard or obstruction.
(c) It shall be unlawful for, any property aner
or person in possession to remove or allow
to be reraded fron his/her property, snow
and/or ice accumulations and to push,
transport/ or carry such \accurulations
into, upon, or across a street or alley
right-of-Iway for the purpose of, depositing
sane on/the other side of said street or
alley right-of-way without the 'prior ap-
provall'of the superintendent of streets.
This ovision shall not apply `to the
hauli of snow and/or ice for deposit on
privy property rwith the consent o the
Owne ereof.
(d) This etion shall not be construed to
TO to or to limit the normal snow pl
ing perations perfonmad by the City o
I City. The snor plowing operations
perfoinai by the City are exempt from the
application of this Section.
SECTION IL SEVERABILITY: If any of the provi-
sions o u finance are for any reason declared
illegal or void, then the lawful provisions of this
Ordinance, which are severable fron said unlawful
Provisions, shall be and renain in full force and
effect
the
void as if the Ordinance contained no
Provisions.
A
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SECTION III. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION IV. EFFECTIVE DATE; This Ordinance
s in a ec a er s a ma passe, approval
an blication as required by law. /
Pa ai and approved this
ATTEST:
F�sfrcRmonF
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I
ORDINANC NO, 88-3359
AN ORDINANCE At• SING CHAPTER 33, ENTITLED "UTILI-
TIES" OF THE CODE OF ORDINANCES OF THE CITY OF IDA
CITY, IOW, BY *ENDING SECTIONS 33-46 Atm 33-166,
AND BY REPEALING SECTION 33-167 THEREIN TO PROVIDE A
UNIFM PROCECUR€ FOR BILLING AND COLLECTION OF
!EWER AND ATER SERVICE ACCOUNTS.
BE IT ORDAINED BY THE CITY COINCIL OF THE CITY OF
IObP1 CITY, I0m, THAT:
SECTION I. That Chapter 33, "Utilities," of the
ordinances of the City of Iowa City, Iowa,
be, and the Sarre is hereby ambled by repealing
Section 33-46, and enacting in lieu thereof a new
section to be codified the same to read as follows:
Sec. 33-46 Billing Proaxkm - delinquent ac-
cowts - collection prnceArres-
(a) Billing Frequency - Delinquent Accounts.
All users shall be billed either monthly or
bi-monthly. Billings for arty particular period
shall be moiled to users within thirty (30)
days after the end of that period. Payments
are due as of the date the billings are roiled,
which date shall be the billing date. If full
payment of the amunt billed is not received
within fifteen (15) days after the billing
date, the user's account shall be considered
delinquent.
As to locations at which city scwe• and
water service is being provided, the
user's/consurer's account shall be billed and
collected as a single combined account. In the
event of a delinquency in payment as to either
saver service or water service, subsequent
paymmnts shall be credited first to the delin-
quent bill or bills, and them to the current
billing.
In the event that a user fails to pay the
full amount of the user's bill for saage
treatment systen service within thirty (30)
days after the billing date, service may be
discontinued, following die notice, or such
charges may be certified by the city council
and assessed against the property connected
with the wage disposal system and forwardd
to the county auditor for collection in the
same manner as a property tax.
(b) Notice of Service Discontinuance - Hearing,
The department of finance may discontinue
sewer service to any user who has failed to pay
for the sewer service supplied, after giving
the user notice and an opportunity for a hear -
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a-dindnce Pb. 88-3559
Page 2
ing before the director of finance or his/her
designated representative. The notice shall be
mailed by first class mail to the affected user
rot less than 24 days in advance of discontinu-
ance, shall be posted at the service location
or locations not less than five days in advance
of discontinuance, shall state in writing the
reason for discontinuance of service, shall
identify the account or accounts and service
location or locations for which payment is
delinquent, shall state the anent or arounts
of such delinquencies and service charges,
shall identify the service location or loca-
tions at which service will be discontinued,
and shall state the date or dates on which such
service will be discontinued.
(c) Discontinuance of Sever Service - Location with
Joint Sews- and Water Accounts.
When a user's account for sever service at a
location served by city water and sewer service
is delinWt as provided in (a) above, sewer
service may be discontinued by the city's
cessation of water service at that location.
Cessation of water service may, at the city's
option, be accomplished by shutting off the
service water valve at the stop box, if avail-
able, or renoval of the user's meter. The City
shall have unrestricted access to such valves
and meters for the purposes specified herein,
regardless whether those devices are located in
city street right-of-way, city easenent, or on
the property of the user.
(d) Discontinuance of Sewer Service - Locations
with Sava Service only.
Vhen a user's account for sewer service at a
location served by city sews• service, but not
by city water service, is delinquent as p-o-
vidai in (a) above, sem service may, at the
city's option, be discontinued either by
disconnection of the user's sewer service line
from the city's sewer main, or by plugging said
service line. The City shall have unrestricted
access to all sewer service connections for the
Purposes specified herein, regardless whether
those connections are located in city street
right-of-way, city easenent, or on the property
of the user.
(e) Discontinuance of Sewer Service - Users with
Multiple Accounts at Multiple Sites.
tbtwithstanding (c) and (d) above, when an
individual use- is billed wrier two or more
accounts for sewer use at two or more separate
sewer service locations, a delinquency in
Payment for service provided at any one or more
Ordinance No. 38-33S9
Page 3
of the said locations shall be cause for the
city to discontinue service at all service
locations serving that user, regardless whether
the accounts for use at such other locations
are delinquent.
(f) Restoration of Service - Fees and Charges.
Upon payment of all delinquent sever service
fees, and water service fees where applicable,
and service charges as hereafter provided, the
city shall cause the user's sewer service to be
restored. A user whose sewer service is to be
restored by restoration of water service shall
pay the carding fee for shut-off authorized by
Section 33-169(c) and set forth at Section
32.1-73 of the Code of Ordinances.
A user whose sewer service is to be restored
by reconnection of the user's sewer service
line, or removal of the plug therefrom, shall
pay as a service charge the city's actual cost
of disconnection or plugging, and the estimated
cost of reconnection or unplugging of the
service line or lines involved. The user will
be credited or billed for the difference be-
tween the estimated and actual cost of recon-
nection or unplugging.
It shall be prohibited for any person to
restore or attempt to restore, without city
authorization, sewer service at a location
where sower service has been discontinued by
the city.
(g) In addition to the above, the city shall have a
lien upon the property of any user or property
owner who has failed to pay for seder service
supplied. After notice and public hearing, the
city shall adopt by resolution and the city
cleric shall certify the amount of the lien and
file the same with the county auditor. Such
lien shall attach to the property which was
served wpm certification by the city council.
Liens perfected in this nenner shall be as-
sessed against the property to the extent of
the balance the to the city for sewer service
supplied and losses incurred in perfecting such
lien. Such lien shall be enforced until pay-
ment of the claim. When the lien is satisfied
by payment of the claim, the city shall ac-
knowledge satisfaction thereof and file a
release with the county auditor. Provided
further, however, that any rental property
owner or manager shall furnish to the city in
writing the name and forwarding address and
telephone number (if known) of former tenants
who have vacated the premises where seder bills
Ordinance No. 33-3559
Page 4
are past cue and unpaid. Providing this infor-
mation shall cause the city to forbear filing
the lien provided for in this section.
(h) The director of finance is authorized to charge
a fee for delinquent sewer service accounts.
The amount of such fee shall be as set forth in
the Schedule of Fees, Section 32.1-73. Sewer
service to a property which has been discontin-
ued pursuant to this section may be resumed
provided that the customer or property owner
Pays the delinquent amount plus all additional
fees and charges. Sewer service to rental
properties shall be resumed notwithstanding
failure of the persons formerly living there or
occupying the premises to have paid all sewer
bills provided that all such persons have
vacated the premises as verified in writing by
the rental property wer or manager.
(i) Regulations Regarding Billing and Maintenance
of Seder Service Account Records.
The director of finance is authorized to
adopt and promulgate rules and regulations not
inconsistent with this Chapter regarding bill-
ing procedures for sewer service accounts,
regarding the maintenance of records on such
accounts, and regarding collection procedures
for such accounts.
SECTION 2. That Chapter 33, "Utilities," of the
Code of Ordinances of the City of Iowa City, Iowa,
be, and the sane is hereby amended by repealing
Section 33-166, and enacting in lieu thereof a new
section to be codified the same to read as follows:
Sec. 33-166 Billing Rmcedrres - del b gmaht
accamrrts - collection proceim.
(a) Classification of Service - Billing Frequency -
Delinquent Accounts.
Water service shall be classified by con-
suner type: Residential, commercial/retail,
industrial, governmental/institutional, other
(consumers outside corporate limits). The
director of finance shall determine the classi-
fication of each consumer based on such crite-
ria as rate of consumption, water use, size of
meter, etc. Meters on residential service
shall be mad bimonthly (once every two (2)
months). Charges and billings for services
shall be billed bimonthly (once every two (2)
months) based upon actual readings. The fre-
quency of meter readings and billings for other
consumers shall be determined by the director
of finance.
Billings for any particular period shall be
mailed to consumers within thirty (30) days
after the end of that period. Payments are due
Ordinance No. 88-3359
Page 5
as of the date the billings are mailed, which
date shall be the billing date. If full pay-
ment of the amount billed is rat received
within 15 days after the billing date, the
consumer's account shall be considered delin-
quent.
As to locations at which city sewer and
water service is being provided, the
user's/corsumer's account shall be billed and
collected as a single combined account. In the
event of a delinquency in payment as to either
sewer service or water service, subsequent
Payments shall be credited first to the delin-
quent bill or bills, and then to the current
bi fling.
In the event that a consumer fails to pay
the full amount of the consumer's bill for
water service within thirty (30) days after the
billing date, service may be discontinued,
following due notice, or such charges ray be
certified by the city council and assessed
against the Property connected with the water
system and forwarded to the county auditor for
collection in the same manner as a property
tax.
(b) Notice of Service Discontinuance - Hearing.
The department of finance may discontinue
water service to any consumer who has failed to
pay for the water supplied, after giving the
consumer notice and an opportunity for a hear-
ing before the director of finance or his/her
designated representative. The notice shall be
mailed by first class mail to the affected
consumer not less than 24 days in advance of
discontinuance, shall be posted at the service
location or locations not less than five days
in advance of discontinuance, shall state in
writing the reason for discontinuance of serv-
ice, shall identify the account or accounts and
service location or locations for which payment
is celinquent, and shall state the amount or
amounts of such delinquencies and service
charges, shall identify the service location or
locations at which service will be discontin-
ued, and shall state the date or dates on which
such service will be discontinued.
(c) Disccntiruance of Water Service.
When a consuar's account for water service
at a particular location is delinquent as
provided in (a) above, water service at that
location may be discontinued by shutting off
the service water valve at the stop box, if
Ordinance No. 88-3359
Page 6
available, or rerroval of the consurer's meter.
The City shall have unrestricted access to such
valves and meters for the purposes specified
herein, regardless whether those devices are
located in city street right-of-way, city
easerent, or on the property of the consurner.
(d) Discontinuance of Water Service - Consumrs
with Vultiple Accounts at Vultiple Sites.
Notwithstanding (c) above, when an individ-
ual consurner is billed under two or more ac-
counts for water consurption at two or nore
separate water service locations, a delinquency
in payrrent for service provided at any one on
mre of the said location shall be cause for
the city to discontinue service at all service
location saving that consurer, regardless
whether the accounts for consurption at such
other locations are delinquent.
(e) Restoration of Service - Fees and Charges.
Upon paprent of all delinquent water service
fees, and sewer service fees where applicable,
and service charges as hereafter provided, the
city shall cause the consurer's water service
to be restored. A consurer whose water service
is to be restaed shall pay the carding fee for
shut-off authorized by Section 33-169(c) and
set forth at Section 32.1-73 of the Code of
Ordinances.
It shall be prohibited for any person to
restore or atterrpt to restore, without city
authorization, water service at a location
where water service has been discontinued by
the city.
(f) In addition to the above, the city shall have a
lien upon the property of arty user or property
owner who has failed to pay for water supplied.
After notice and public hearing, the city shall
adopt by resolution and the city cleric shall
certify the amount of the lien and file the
sane with the county auditor. Such lien shall
attach to the property which was served upon
certification by the city council. Liens
perfected in this rmnner shall be assessed
against the property to the extent of the
balance due to the city for water supplied and
losses incurred in perfecting such lien. Such
lien shall be enforced until paynent of the
claim When the lien is satisfied by paynent
of the claim, the city shall acknowledge satis-
faction thereof and file a release with the
county auditorin the county where the property
is situated. Provided further, however, that
any rental property ower or manager shall
furnish to the city in writing the nam and
Ordinance No. 88-3359
Page 7
forwarding address and telephone nunber (if
known) of former tenants who have vacated the
premises where water bills are past clue and
unpaid. Providing this information shall cause
the city to forbear filing the lien provided
for in this section.
(g) The director of finance is authorized to charge
a fee for delinquent water service accounts.
The amount of such fee shall be as set forth in
the Schedule of Fees, Section 32.1-73. Water
service to a Property which has been discontin-
ued pursuant to this section may be resumed
Provided that the customer or property owner
pays the delinquent amount plus all additional
fees and charges. Water service to rental
properties shall be recurred notwithstanding
failure of the persons formerly living there or
occupying the premises to have paid all water
bills provided that all such persons have
vacated the premises as verified in writing by
therental property owner or manager.
(h) Regulations Regarding Billing and Maintenance
of Water Service Account Records,
The director of finance is authorized to
adopt and prmulgate rules and regulations riot
inconsistent with this Chapter regarding bill-
ing procedures for water service accounts,
regarding the maintenance of records on such
accounts, and regarding collection procedures
for such accounts.
SECTION 3. That Chapter 33, "Utilities," of the
ndinances of the City of Iowa City, Iowa,
be, and the sane is hereby amended by repealing
Section 33-167.
SECTION 4. SEVERABILITY CLAUSE. If any of the
provisions o hs vane are for any reason
declared illegal or void, then the lawful provisions
of this Ordinance, which are severable from said
unlawful provisions, shall be and retain in full
force and effect, the same as if the Ordinance
contained no illegal or void provision.
SECTION 5. REPEUR. All ordinances and parts of
o hnarces in conflict with the provisions of this
Ordinance are hereby repealed. These are: (1) Did.
No. 76-2902, SII, 6/22/76; (2) Ord, No. 81-3021,
Art. V, S81 and 2 (part), 5/5/81; (3) Ord. No.
87-3341, Section 5, 9/8/87.
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Ordinance No. 88-3359
Page 8
SECTION 6. EFFECTIVE DATE. This Ordinance shall be
in full force and effect from and after its final
passage and publication as �y law provided.
Passed and approved this .12t1i day of
Ja rary, 1988.
ATTEST:
°vZ6.
LT
hrrnt
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It was moved by Dickson and seconded by Ambrisco
that the Ordinance as rea e adopted and upon roll ca ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X MOR LARSON
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
VUBER HOROWI TZ
First consideration 12/1/87
Vote for passage: eyes: Strait, Zuber, Dickson, McDonald.
Nays: None. Absent: Ambrisco, Baker, Courtney.
Second consideration 12/23/87
Vote for passage : ryes: a er, Courtney, Dickson, McDonald,
Strait, Zuber, Ambrisco. Nays: None. Absent: None.
Date published 1/20/88
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