Loading...
HomeMy WebLinkAbout1985-06-18 Oridnance. ,. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24, ARTICLE VI (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES FOR THE ABATEMENT OF INOPERABLE/OBSOLETE VEHICLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. 1) Subsection 24-101(13) of Me o e of Ordinances of the City of Iowa City, Iowa is hereby repealed and substi- tuted in its place is the following new Subsection 24-101(13): Sec. 24-101. Enuwated. The following are nuisances: (13). The storage, parking, leaving, or permitting the storage, parking, or leaving of an inoperable/obsolete vehicle upon private property within the city for a period in excess of 48 hours, unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junk yard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. For the purpose of this article, an "inoper- able/obsolete vehicle" shall be defined as any device in, upon or by which a person or property is or may be transported or drawn upon 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, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: (a) Broken glass. Any vehicle or or par 57—a vehicle with a broken windshield, or any other broken glass. ■ 1 I Ordinance No. Page 2 (b) Broken or loose parts. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top, or tailpipe. (c) Miss in en ine or wheels. Any ve c e i ci nsac ng an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. (d) Habitats for animals or insects. n -y ve is a or par of a vehicle which has become the habitat for rats, mice or snakes, or any other vermin or insects. (e) Defective or obsolete condi- on. Any ve c e or par o a vehicle which because of its defective or obsolete condi- tion, constitutes a threat to the public health and safety. 2) Section 24-102 of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following new Section 24-102: Sec. 24-102. Notice to abate i.WM able/obsolete vehicles. (a) The City Manager may authorize any employee of the City to investigate, locate and identify inoper- able/obsolete vehicles on private property. Such authorized employee shall have full authority to serve the abatement notice as prescribed below. (b) whenever any inoperable/obsolete vehicle is found to exist, the City shall serve upon the owner of the property upon which such vehicle is stored, parked, or left, a notice requiring abatement or removal of such vehicle within ten days or such other time after service of notice as the City may determine to be reasona- bly sufficient to enable such abatement or removal to be made. (c) Any notice required by this section shall be served by attaching notice securely to the inoperable/obsolete vehicle, and: I Ordinance No. Page 3 (1) By sending the notice by certi- fied mail, return receipt requested, to the owner of said property as shown by the records of the County Assessor; or (2) By personal service of said notice to the owner of said property as shown by the records of the County Assessor. (d) Any notice required by this section shall include the following informa- tion: (1) The inoperable/obsolete vehicle j constitutes a nuisance under the provisions of this Article. (2) A description of each inoper- able/obsolete vehicle observed, ! i the name and address of the last known registered owner of said vehicle, and the location and - condition(s) observed, j (3) The notice shall contain the j order for abatement within the y time specified in the notice. ! (4) The notice shall advise that, upon failure to comply with the notice to abate, the City shall undertake such abatement and that the cost of removal, notifica- tion, preservation, storage and sale of said inoperable/obsolete vehicle may be collected from the I sale or redemption of said inoperable/obsolete vehicle and that if the proceeds of such sale are not sufficient for payment of such cost, the balance may be assessed against the property for 1 collection in the same manner as a property tax. (5) The notice shall also advise as to the opportunity for an adminis- trative hearing pursuant to Section 24-103 and that failure to request such a hearing within j ten (10) days of service or mailing of said notice shall constitute a waiver of right to a hearing and that said notice shall became a final determina- tion and order. i I Ordinance No. Page 4 3) Chapter 24, Article VI of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-103: Sec. 24-103. Hearing on notice to abate inoperable/obsolete vehicle. (a) Hearing appeal rights and judicial review shall be in accordance with the procedures set forth in Section 2-184 et seq. of the Code of Ordi- nances of the City of Iowa City, Iowa; the administrative hearing, if any, shall be held before a commit- tee, to be appointed by the City Manager. 4) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-104: Sec. 24-104. Removal of inoper- able/obsolete vehicles; interference prohibited. (a) If the violation described in the notice to abate inoperable/obsolete vehicle is not remedied within the period of compliance stated in said notice, or, in the event that a petition for administrative hearing is timely filed, a hearing is had, and the existence of a nuisance is affirmed by the committee, the City police department is authorized to remove and impound, or have removed and impounded by a commercial towing service the inoperable/obsolete vehicle; provided, however, that in the event of an administrative hearing the City shall not remove or have removed such vehicle until the hearing committee has rendered a decision affirming removal and the petitioner is notified of such hearing determination by personal service or by certified mail, return receipt requested. (b) No person shall interfere with, hinder or refuse to allow the City or its agent to enter upon private property for the removal of inoper- able/obsolete vehicles under the provisions of this Article. (c) If the inoperable/obsolete vehicle has not been reclaimed within a period of ten days after impoundment, iI I I t ' i i Ordinance No. Page 5 ---"— it shall be deemed an abandoned vehicle and may be sold by the City pursuant to State law. (d) If the inoperable/obsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient for payment of the cost of removal, notification, preservation, storage, and sale of said inoperable/obsolete vehicle, such cost or the balance of - such cost may be assessed against the property for collection in the same manner as a property tax. (e) In a situation of clear and compel- ling emergency, the City is author- ized to remove and tow away or have removed and towed away by a commer- cial towing service, any vehicle declared a nuisance under Section 24-101 without prior notice and opportunity of hearing. The costs of such action may be assessed against the property for collection in the same manner as a property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the City Council. 5) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-105: Sec. 24-105. Penalty. (a) Whenever any person having been served with a notice for the reason and in the manner prescribed by this Article shall refuse, fail, or neglect to obey or remove the nuisance referred to in said notice within the time therein stated, besides the sanctions provided in Section 24-104, said person shall be guilty of a simple misdemeanor, and upon conviction shall be subject to the penalty of a fine not to exceed $100 or by imprisonment not to exceed 30 days. Each 24 hour period during which such person shall not have complied with the provisions of this Article shall be construed as a separate violation. //3-S Ordinance ,y;,. Page 6 6) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-107: Sec, 24-107. General Abatement Pro- cedures. (a) Notices to correct or abate nuisances and the procedures for abatement thereof shall be in accordance with the Code of Iowa. SECTION 2. REPEALER: All ordinances and pars es o or nancin conflict with the provision of this ordinance are hereby repealed. SECTION 3. SEVERABILITY: If any section, Prov son or par a e Ordinance shall be adjudged to be invalid or unconstitu- tional, 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 4. EFFECTIVE DATE: This Ordi- nance s a be n effect after its final passage, approval and publication as required by law. Passed and approved this Y ATTEST• MY CLERK Recelved 8 Approved By The Legal Depaemnt 4 7 85 1 In I�. i i t i e i I 1 In City of Iowa City MEMORANDUM DATE: May 10, 1985 1`0: Planning and Zoning Commission F"O Karin Franklin, Senior Planner RE: Amendment of Section 36-31. Flood Hazard Overlay Zones In the fall of 1984, the Commission and the Council adopted Preliminary maps of the revised boundaries of the Flood Hazard Overlay Zones. The boundaries were changed by the Federal Emergency Management Agency to reflect expected changes in potential flood levels as a result of the con- struction of the Horth and South Branch detention basins and the channel improvements on Lower Ralston Creek. The maps are now in final form. The ordinance requires amend- ment since a map date is referred to in the ordinance. A revised ordinance will be presented to. the Commission at the Thursday night meeting. I I If 47 j.. i ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION OF REVISED FLOOD MAPS AND A FLOOD INSURANCE STUDY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance 1s to permit the use of revised flood maps and flood insurance study dated June 5, 1985 for the implementation of the Flood Hazard Overlay Zones. SECTION II. AMENDMENTS. Chapter 36 of eIowa City un c pal Code entitled Zoning Ordinance is hereby amended as follows: A. Section 36-31(c) is hereby repealed and the following is adopted in lieu thereof: Section 36-31(c) Adoption of flood maps and flood insurance s� The city has adopted the revised Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated June 5, 1985, provided by the Federal Emer- gency Management Agency as the official documents. No ordinance related to these documents shall be adopted or enforced based upon modified data reflecting natural or man-made physical changes without prior approval of change in the documents by the Federal Emergency Management Agency. B. Section 36-32(d) is hereby repealed the following is adopted in lieu thereof: Section 36-32(d) Base flood elevation/flood protection a eva on. The water surface elevation of the 100 year flood, which is shown on the revised Flood Insurance Rate Map (FIRM), assuming only that encroach- ment on the floodplain that existed when the revised Flood Insurance Rate Map dated June 5, 1985 was adopted. Additional and complete encroachment to the flood way encroachment lines will cause the water level to sur- charge one (1) foot or less above the ■ T Ordinance No. Page 2 flood protection elevation as shown in Table I of the revised Flood Insurance Study. SECTION III. REPEALER: All ordinances an pars of ordinances in conflict with i the provision of this ordinance are hereby repealed. SECTIONIV. SEVERABILITY: If any sec ion, proves on or part of the Ordi- nance 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 V. EFFECTIVE DATE: This Ordi- nance Shall e in effect—after its final passage, approval and publication as required by law. Passed and approved this ! i MAYOR ATTEST CITY CLERK i i I '"wed R dPPmwd BY The Le5al De arhrmW �/S6 I ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE NOTICE REQUIREMENTS FOR BOARD OF ADJUSTMENT HEARINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 36-91(e)(2) o e owa City Code of Ordinances be deleted and the following inserted in lieu thereof: Public notice. The notice of the time and place of hearings shall be published in a paper of general circulation not more than 20 nor less than 7 days prior to the hearing. ' It shall contain the street address or location of the property and a brief description of the nature of the appeal. SECTION II. CERTIFICATION. The City Clerk s hereby authorized and directed to certify a copy of this ordinance to the County. Recorder of Johnson County, Iowa, upon final passage and publication of the ordinance as provided by law. SECTION III. REPEALER. All ordinances an pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordi- nance 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 V. EFFECTIVE DATE. This Ordi- nance shali De in e ect after its final passage, approval and publication as required by law. Passed and approved this 14AYOR ATTEST: CLERKCITY It"elved 3 Approved By The legal D arimenf i 0 ORDINANCE NO. 85-3243 AN ORDINANCE REVISING CITY CODE OF ORDINANCES CHAPTER 2, DIVISION 4, TO PROVIDE FOR A FULL-TIME CITY ATTORNEY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. PURPOSE. In order to imple- ment Council's deMsion to make the City Attorney's position full-time, the City Code of Ordinances must be revised. SECTION II. AMENDMENTS. Sections 2-63(a) and Z-66 of e t y Code of Ordinances are hereby repealed and the following are adopted in lieu thereof: Sec. 2-63. APPOINTMENT, RESIDENCE, REMOVAL; DUTIES. The city council shall appoint a city attorney. The city attorney shall be appointed or removed by a majority vote of the city council and shall practice law only for the city and have no outside practice unless authorized by the Council. Sec. 2-66. FACILITIES AND STAFF. The city manager shall provide the city attorney and assistant city attorneys with such facilities and staff as are necessary within the budget approved by the Council. SECTION III. REPEALER: All ordinances an pars o ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sec on, prov s on or part of the Ordi- nance 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 V. EFFECTIVE DATE: This Ordi- nance s a a to effect after its final passage, approval and publication as required by law. Passed and approved this 18th day of June, 1985. /' 1_'\ ATTEST: i t :e •r+i rkpprowd Dv Th: Departrnent i Miff i 1 L f - It was moved by Erdahl and seconded by Strait that the Ordinance as rea a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 5/21/85 Vote for passage: yes: BaKer, Dickson, McDonald, Ambrisco. Nays: None Absent: Erdahl, Strait, Zuber. Second consideration 6/4/85 Vote for passage Ayes: D -c on, rdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: None Date published 6/26/85 i i j. i. I r j, i i