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HomeMy WebLinkAbout1988-08-23 OrdinanceORDINANCE ND. 88-3391 ORDINANCE VACATING A PORTION OF WITERFRX DRIVE WEREAS, W.A. Gay and Conpagy, Inc., has requested that approximately the West ei# (8) feet of Waterfront Drive right-of-way be vacated and added to their lot; and WHEAS, the applicant requests the vacation to facilitate the reconstruction of their building that was substantially destroyed in a fire on May 10, 1988; and WIERFAS, Waterfront Drive has a right-of-way width of 66 feet adjacent to the applicant's lot and serves as a local street for Which urban design standards require a 50 -foot right-of-way; and 41 REAS, it is highly unlikely that substantial inprova Ant to Waterfront Drive will oxer far vhich this portion of the right-of-way nay be needed. NOW,INEREFORE, BE IT ORDAINED BY H CITY MICIL OF H CITY OF IOWA CITY, IOWA: SECTIQ4 I. VACATICN. That the City of Iae City hereby vacates that portion of Waterfront Drive legally described below: Commencing at a point on the east line of Goverment Lot 4, of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, Which is 759.00 feet SOO'21'2D"E of the Northeast Comer of said Goverment lot 4; bum SB9'35109'W, 89.56 feet to a point an the Westerly right-of-wiy line of Waterfront Drive, formerly khan as Sand Road and originally established as Burlington Road, which point is the Point of Beginning; thence ND4'26'40'W, along said right-of-way lire 81.93 feet; thence Northwesterly 159.42 feet along said Westerly right-of-vay line, on a 494.67 foot radius ane, concave Southwesterly, vftse 158.74 foot chord bears N13'40138"W, to a point which is 33.00 feet normally distant Soutimsterly of the carter lire of said Waterfront Drive; thence NB9'56'23"E, 8.67 feet, to a point which is 25.00 feet, radially distant Southwesterly of said center line; thence Southeasterly 158.64 feet, along a 502.67 foot radius avve, concave Southeasterly, whose 157.98 foot chard bears S13'29'0T'E; them 504'26140"E, 336.41 feet, along a line parallel with and 25.00 feet nomally distant South- westerly of said Waterfront Drive center line, and its Southeasterly projection thereof, to its intersection with the Westerly right-of-way line of Waterfront Drive; thence Northwesterly 70.58 feet, along said Westerly right-of-wV lire, an a 309.97 foot radius am, concave Northeasterly whose 70.42 foot chord bears N10'58'02"W; thence N04026140"W, along said westerly right-of-way Ordinance No. 88-3391 Page 2 line 184.51 feet, to the Point of Beginning. Said tract of land contains 3,778 square feet, more or less, and is subject to easmnts and restrictions of record. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTICN III. SEVERABILITY: If any section, previ- sion 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 whale or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DOTE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of August, 1988. YOR 9 Approved as to Form 8 a Legal cepa t It was moved by Ambrisco and seconded by Dickson that the Ordinance as rea e a op e , and upon roll ca ere were: AYES: NAYS: ABSENT: x Ambrisco X Courtney x Dickson X Horowitz X Larson x McDonald X Strait First Consideration ------- Vote for passage: Second Consideration 8/9/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Date published 8/31/88 Moved by Ambrisco, seconded by.Strait, that the rule requiring ordinances to be.considerd and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second.consideration at this time. Ayes: Courtney, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. ia83 a +"&el --.- OR)IWI CE VACATING A PORTION OF MAIDEN UVC. NHEIM, vacation of the right-of-way described below will facilitate develophert of a tract of lad south of Harrison Street and est of Mhiden Lire and will permit the redevelopnent of the former Regina Elehentary School property on Gilbert Street; and 1iflNF.A4, this segnent of Maiden Lane has never been improved and provides no vehicular or pedes- trian access to adjacent properties; and "m' the future connection of portions of Maiden Lare on either side of Ralston Creek is not anticipated. IMTHEIM, BE IT MINED BY 11E CM MKIL OF THE CITY OF IOY1 CITY, ION A: SECTION I. VACATION. That the City of Iowa City hereby vacates that portion of Maiden Lane legally described below: The North 19 feet of the Maiden Lae right-ofvgy lying South of the South right-of-way lire of Harrison Street Extended. Also described as, Beginning at the Northeast Corner of Block 20, County Seat Addition to Iona City, thence SOD -43'00"E, 19.00 feet along the Nest.right-of- way lire of Maiden Lane, thence 589'37154"E to the East right-of-way lire of Maiden Lae, thence North along the East right-of-way lire of Maiden Lane 19.00 feet to the South right -orf sW lire of Harrison Street Extended, thence N89'37154"H along the South right-of-way line of Harrison Street Bdeded to the Point of Beginning. SECTION II. REPFN_ER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are her* repealed. SECTION III. SEYERABILiTY: If any section, provi- sion 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 IV. EFFECTIVE 64TE: This Ordinance shall be in effect after its final passage, approval and publication as required by lar. N Ordinance No. Page 2 Passed and approved this M1YOR ATTEST: cm c�Eiac Apprwed as to Form RA: 7 -7 -til Lepi t 1 ORDIN NEE NO. 88-3392 AN ORDINANCE APf1DING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, BY REPEALING ARTICLE VI THEREOF ENTITLED "NUISANCES," AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE WE, CCENTAINING NEW DEFINITIONS, STANDARDS AND PROCURES FOR THE ABATiBIE NT OF NUISANCES. BE IT ORDAINED BY 1HE CITY CG;N:IL OF THE CITY OF IM CITY, IOWA: SECTION . That Chapter 24, the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Article VI thereof entitled "Nuisances," and enacting a new article to be codified the sane to read as follows: ARTICLE VI. NUISANCES Sections: 24-101. Nuisances Declared 24-102. Definitions 24-103. Nuisances Prohibited - Authority to Abate 24-104. Notice to Abate - Service 24-105. Abatement by Administrative Proceedings 24-105. Abatement by Municipal Infrac- tion Proceedings 24-101. Abateent Readies; Penalties 24-108. Emergency Abatwent Procedure Sec. 24-101. Nuisarrrs Declared. Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance. Nuisances shall include, but not be ltdted to Unse activities and items hereafter set forth in this section. (a) Causing or suffering any refuse, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place to the prejudice of others. Causing or suffering any refuse, garbage, noxious substances, or hazardous wastes, junk, salvage material or other offensive or dis- agreeable substances to be thrown, left, or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, lot, vacant or occupied, or upon wry pard or pool of rater; except for: (1) Refuse deposited and stored in accordance with provisions of Chapter 15 of the Cade of Ordinances of the City of Iowa City, entitled "Garbage, Trash and Refuse"; (2) Compost piles established and maintained with written permission fmn the Johnson County Public Health Department, ia97 Ordinance No. 88-3392 Page 2 (3) Junk or salvage materials properly stored in a junk or salvage yard permitted oder Chapter 36, Zoning, of the Code of Ordinances of Iowa City. (b) Diseased or danaged trees or shrubs. Any dead, diseased or danaged trees or shrubs, which may harbor serious insect or disease pests or disease injurious to other trees or shrubs, or any healthy tree which is in such a state of deterioration that any part of such tree may fall and daw property or cause injury to persons. (c) Weeds. Any condition relating to weeds which is described as a nuisance in Chapter 34, Article III of the Code of Ordinances of Iowa City. (d) Ditch, drain, or stormater detention basin. MY ditch, drain or watercourse, which is now or hereafter mm ky be constructed so as to prevent the surface and overflow vete from the adjacent lands entering or draining into and through the sane. Any stony ater detention basin not maintained in an appropriate manner so as to allow its proper function. (e) Stagnant water. Stagnant water staling on arty property. My property, container, or naterial kept in surh a condition that voter can accumlate and stagnate. (f) Vermin harborage. Conditions which are conducive to the harborage or breeding of vermin. (g) Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches, or flies. (h) Sanitary sewer facilities. Facilities for the storage or processing of savage, such as privies, vaults, sewers, private drains, septic tanks, cesspools, and drain fields, which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cisterns, and cesspools which are abandoned or no lager in use unless they are ehptied and filled with clean fill. pry vault, cesspool, or septic tank vhich does not comply with the Johnson Canty Department of Health regulations. (i) Unsecured/unoccupied buildings, Unoccupied buildings or unoccupied portions of buildings, which are unsecured. (j) Dangerous buildings or structures. (k) Abandued buildings. (1) Hazards. Any hazardous thing or condition on the property which may contribute to injury of any person present on the property. Hazards iM Ordinance No. 88-3392 Page 3 shall include but rat be limited to cpai holes, open foundations, open wells, dangerous trees or linbs, abandoned refrigerators, or trapping devices. (m) Fire hazards. Any thing or condition on the property which creates a fire hazard or which is in violation of the fire code. (n) Health hazards. Any thing or condition on the property which creates a health hazard or which is in violation of any health or sanitation law. (o) Noise. Any violation of the raise Q►apter 24.4 of the Code of Ordinances of the City of Iowa City. (p) Snow remval. Any violation of Division 3, Ice and Snow Ramal, Sections 31-120 - 31-124 of the Code of Ordinances of the City of Iowa City. (q) Juddard or salvage operations. All junkyard or salvage operations, as defined in Section 36-4 of the Code of Ordinances of Ica City, except as permitted by ordinance. (r) Obstruction of right-of-way or public place. The obstructing or ena rbering by foxes, buildings, structures, signs or otherwise of public streets, alleys, sidewalks, ad amus, except as permitted by ordirnnce. Aly use of a public street or sidewalk, or any use of property abutting a public street or sidewalk, which causes large crowds of people to gather so as to obstruct pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by ordinance. (s) Inoperabi%bsolete vehicle. The storage, parking, leaving, or permitting the storage, parking, or leaving of aninoperable/obsoletevehicle upon private property within the city for a period in excess of forty-eight (48) hours, unless excepted herein. This subsectim shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a judpard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Ica City. (t) Unlawful sale, use, or manufacture of intoxi- cating liquors. Any building or place in or upon which the unlawful manufacture or sale or keeping with intent to sell, use or give away of intoxicating liquors is carried on or continued or exists. (u) Vehicle parked on private property without authorization. the parking of motor vehicles upon private property without the consent of the property aver or responsible party. is 99 B Ordinance No. 88-3392 Page 4 (v) Md, dirt, gravel, and other debris. The depositing or allowirg the depositing of any nud, dirt, gravel, or other debris in violation of Chapter 31 of the Code of Ordinances of the City of Iowa City. (w) Building construction sites. Building con- struction sites maintained in violation of the Building Code. (x) Other nuisances. Any nuisance described as such by Chapter 657 of the Code of Iowa. Sec. 24-102. Definitions. (a) Abandoned building. Abandoned building shall mean any building or portion of building midi has stood with an incarylete exterior shell far longer than two years or any building or portion thereof which has stood unoccupied for longer than are year and which meets are or more of the following criteria: (1) Unsecured, or (2) Having housing code or building code violations. (b) Dangerous building or structure. Dangerous buildirg or structure shall mean any building or structure which endangers the health, safety, or welfare of persons or property, or which is in violation of the uniform Code for Abatement of Dangerous Buildings. (c) Enforcement officer. Enforcement officer shall mean the City Manager or mployees designated by the City Manager to enforce this article. (d) Hazardous waste. Hazardous waste shall mean those wastes included by definition in Section 455B.411(3)(a) Code of Iowa arid the rules of the Ias Department of Water, Air and Waste (e) Inoperable/obsolete vehicle. An "inoperabl% bsolete vehicle" shall mean any device in, rpm or by which a person or property is or may be transported or drawn rpm a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation motor vehicle, autrnubile, truck, trailer, motor- cycle, tractor, buggy, wagon or ary combination thereof, and which is not licensed for the current year as respired by law arid/or which exhibits any ore of the following character- istics: a. Broken glass. Any vehicle or part of a vehicle with a broken windshield, or any other broken glass. b. Broken or loose parts. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, viheel, steering wheel, trunk top, or tailpipe. /a 99 i Ordinance No. 88-3392 Page 5 c. Missing engine or wheels. Any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. d. Habitat for animals or insects. Any vehicle or part of a vehicle which has became a habitat for rats, price, or saps or any other vermin or insects. e. Defective or obsolete condition. Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety. f. Inoperable condition. Any vehicle that is not capable of moving in both forward and reverse gears. (e) Junk or salvage material. Junk or salvage material shall be any discarded or salvaged building material or fixture; any obsolete or inoperable machinery, or parts thereof; scrap iron or steel. (f) Noxious substances. Noxious substances shall mean substances, solid or fluid, which are offensive, detrimental to health, hurtful, or dangerous. Noxious substanm shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decq)ed animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, huren or animal excren nt, or manure. (g) Owner. Drner shall mean the person or persons who are the record owners of real property according to the records of the Johnson Canty deparbmt of property taxation. (h) Refuse. Refuse shall mean any putrescible and non-putrescible and mubustible and non- anbustible waste, including paper, garbage, material resulting from the handling, process- ing, storage, preparation, serving and mqurr tion of food, vegetable or animal matter, offal, nrbbish, plant waste such as tree trimmings or grass cuttings, ashes, incireator residue, street cleanings, construction dh1s, and solid industrial and maftt wastes. (1) Responsible party. A responsible party shall mean any person having possession or mtml of real or personal property, including without limitation any one or mare of the following: a. Agent, b. Assignee or collector of rents, c. Holder of a contract or deed, d. Mortgagee or vendee in possession, e. Receiver or executor or trustee, f. Lessee, /a99 Ordinance No, 88-3392 Page 6 g. other person, firm or corporation e:mcds- ing apparent control over a property. Sec. 24 -IM. Nuisances Prohibib d - Ai hr* to Abate. (a) The creation or mainterwnce of a nuisance is unlawful and prohibited and shall constitute a misdemeanor or a municipal infraction. (b) The city manager and enforcement officers designated by the city manager are authorized to abate nuisances in accordance with the procedures set forth in this article. Nuisances my be abated by either the admni- strative abatement process or the municipal infraction process, as hereafter provided. Sec. 24-101. Notice to Abate - Seivice. (a) The City Manager or any enforcement officer designated by the City Manager is hereby authorized to serve upon the owner or respon- sible party of the property upon which the nuisance is being maintained, or upon the person or persons causing or maintaining the nuisance, a written notice to abate as prescribed below. (b) when service of a notice to abate is required, the following methods of service shall be deemed adequate: (1) By personal service upon the owner and/or responsible party of the property upon which the nuisance exists. (2) If, after service cannotbe made, any two of to followirg methods of service shall be considered adequate: (1) selling the notice by certified mail, return receipt requested to the last known address; (2) publishing the notice once a week for two consecutive weeks in a newspaper of general circulation in the City of Iowa City, Iowa; or (3) by posting the notice in a conspicuous place on the property or building. (3) if an intended recipient of notice carrot be foul and if his/her address carrot be determined after reasonable effort, by posting a copy of the notice in a conspicuous place an the property and by publishing the notice for two consecutive weeks in a newspaper of general circula- tion in the City of Iowa City. Sec. 24-10s. Abatecrt by Administrative Proceedings. (a) Content of Notice. In the event the enforce- ment officer decides to abate a nuisance administratively, the notice to abate shall include the following information: r Ordinance No. 88-3392 Page 7 (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tie period. (4) The notice shall advise that, upon failure to conply with the order to abate, the City shall undertake such abatement and that the cost of abaterent nqy be assessed against the property for collection in the sane neuner as property taxes. (5) The notice shall also advise as to the opportunity for an administrative hearing and that failure to request such a haaig within the tine specified in the notice shall constitute a waiver of the right to a hearing and that said notice shall thereafter beam a final deterndnation and order to abate. (b) heldni fore a the hearing. C ty ManageThe r or his/ herr designee, and shall be in accordance with the Procedures of Section 2-184 through Section 2- 187, except as herein otherwise provided. The City Manager's or his/her designee's detcrdrha- tion and order shall be appealable to Johnson County District Court by writ of certiorari. The order shall not be carried out until the time for filing the writ of certiorari has expired. Sec. 24-106. Abatamt by Municipal Infraction Proceedings. (a) Content of notice. In the event the enforce- ment officer decides to abate a nuisance through the nnicipal infraction process, the notice to abate shall include the following infohnetion: (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tim period. (4) Explanation that failure to abate the nuisance within the time specified will result in the issuance of a civil citation charging the miner or resibleparty with nicipal infraction. (5) Explanation that each day that a nuisance is permitted to continue constitutes a separate offense. /a99 9 Ordinance No. 88-3392 Page 8 (6) Explanation that upon being found guilty of a municipal infraction, the court is authorized to order abatement, assess the costs of abatenent against the property arWor enter them as a judgrent against the defendant, and assess a civil penalty against the defendant. (b) Issuance of civil citation. In the event that the nuisance is not abated as ordered and within the tine specified in the notice to abate, the enfome ent officer may issue a civil citation to the property owner or responsible party, charging that person with a municipal infraction. The enforcement officer may, but shall rat be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within one year of a prior violation. Sec. 24-107. Abaterert Pmufles; Penalties. (a) Abatement may include but shall not be limited to repair, remval, cleaning, extermination, cutting, mowing, grading, seer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, remving dangerous portions of buildings or structures, and demolition of dangerous structures or ebadhmei buildings. (b) lie cost of abatement may be assessed against the property for collection in the sae manner as property taxes. Abaterent costs shall include the cost of remving or eliminating the nuisance, the cost of investigation, such as title seamhes, inspection, and testing; the cost of notification; filing costs; and other related administrative costs. Inoperable/obso- lete vehicles vhich have been impounded may be sold in accordance with state lay. If an inoperable/obsolete vehicle is rat sold or if the proceeds of such sale or rah#icn are not sufficient for pwent of the cost of abate- ment, storage, and sale of said inoperable/dwlete vehicle, such cost or the balance of such cost may be assessed against the property for collection in the sae manner as a property tax. (c) In a municipal infraction proceeding for the abaterent of a nuisance, the court may order any ane or more of the following: (1) Place a judgment against: the perm aWor property of the defendant for the costs of abaterent. (2) Levy a civil penalty (fine) against the defendant of c4 to one Modred dollars /4�99 Ordinance No. 88.3392 Page 9 ($100.00) for the first offense and up to j two hundred dollars ($200.00) for repeat offenses. (3) Order abatement of the nuisance in any macer as provided in this article. (4) Assess costs of abatement against the property for collection in tte sere mrrer E as property taxes. ' Sec. 24-108. Ewergary Abatement Procedure. When the enforcement officer determines that a nuisance exists on a property and the nuisance constitutes an imminent clear and Impelling danger to health, safety or welfare of pesos or prq", the enforcement officer is authorized to abate or have abated the nuisance without prior notice and opportunity of hearing. The costs of such action may be assessed against the property for collection in the sane manner as property tax. However, prior to such assessment, the city shall give a property f aver notice by certified mail and the opportunity for an adrtinistrative hearing in acmr&m with the procedures of Section 24-105. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Those are: SECFICN III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adirdication shall not affect the validity of the Ordinance as a i whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE BITE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of August, 1988. 0 OR ATTEST. )-4 n N', .�,,: C Approved as to Form e4w 8,1a Leg 1 Departmefit I It was moved by Ambrisce and seconded by Horowitz that the Ordinance.as rea e a op e , and upon roll ca ere were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration ------- Vote for passage: Second Consideration 8/9/88 Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. Date published 8/31/88 9 Moved by Courtney, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for: passage at two Council meetings prior to the meeting at which it is to be finally passed -be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time. Ayes: Dickson, Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Absent: None.