HomeMy WebLinkAbout1980-04-15 OrdinanceORDINANCE NO. 80-2994
AN ORDINANCE AMENDING SECTION 23-21(b)(1)b AND
SECTION 33-167(a) OF THE CODE OF ORDINANCES OF IOWA
CITY, IOWA, TO PROVIDE NOTICE BY FIRST CLASS MAIL
PRIOR TO IMPOUNDMENT OF VEHICLES FOR ACCUMULATED
VIOLATIONS AND PRIOR TO DISCONTINUANCE OF WATER
SERVICE FOR DELINQUENT WATER SERVICE ACCOUNTS.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY:
SECTION I. PURPOSE. The purpose of this ordinance
is to prov a or notice to be provided by first
class mail, rather than by certified mail, prior to
impoundment of vehicles for accumulated parking
violations and prior to discontinuance of water
service for delinquent water service accounts.
SECTION II. AMENDMENT.
A. Section 23-21(b)(1)b is hereby amended to read
as follows:
Notice shall constitute the following:
written notification by first class mail
stating the license number of the vehicle at
issue; the owner's name; a brief description
of the parking tickets issued to such vehicle;
the date, time and place of the administrative
hearing; that the hearing shall be as to the
merits of whether to impound such motor
vehicle for unpaid parking violations; that
failure to appear at such hearing constitutes
a waiver to an opportunity for hearing; and
that the owner shall be responsible for all
charges and costs incurred in impounding such
vehicle.
B. Section 33-167(a) is hereby amended to read as
follows:
The department of finance may discontinue
service to any consumer or property owner who
has failed to pay for the water supplied after
a notice and hearing before the director of
finance or his or her designated
representative. The notice shall be posted on
the premises and shall be mailed by first
class mail to the effected consumer or
property owner. It shall state in writing the
reason for discontinuance of service and shall
give the consumer or property owner at least
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
�1GaX�,
79.3
I
seven (7) days notice of the time and place of
such hearing so that all parties shall have an
opportunity at such hearing to respond and
present evidence and arguments on all issues
involved.
SECTION III. REPEALER. All ordinances and parts
of ordinances n conflict with the provision of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
Prov s on or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication 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 Ordinance shall
be in of ect after its final passage, approval and
publication as required by law.
Passed and approved this 15th day of
n_ Lrii _, 1980.
MA
ATTEST:
C T L RK
It was moved by Neuhauser and seconded by Perret
that the Ordinance as read be adopted and upon roll cal them
AYES: NAYS: ABSENT:
—x_ BALMER
xx EROAHL
— LYNCH
z NEUHAUSER
_x PERRET
ROBERTS
`� VEVERA
i � �1{R�S^LXROU}.40111[Rad7�AA
� 1 �1lX�Qd7Cpa9.ef[QR:
fAxoEAa�de��tfarx
VIPRRXEQI]CRRiT,aQRX
MICROFILMED DY
JORM MIC R�/L AB
CEDAR RAPIDS • DES MUIRES
i
- I
011!'* legal i"Ilrflnn I
793 ;
Page 3
Ordinance #80-2994
Moved by Neuhauser, seconded by Perret,
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 and second consider-
ation and vote be waived, and the ordinance
be voted upon for final passage at this
time.
Ayes: Balmer, Erdahl, Lynch, Neuhauser,
Perret, Roberts, Vevera.
Nays: None.
Date published_ April 23 1980
MICROFILMED OY
JORM MICR;LAB
CEDAR RAPIDS • DES MOINES
-]
793
f+
r. City of Iowa ChA f,
MEMORANDUM
Date: April 10, 1980
To: Neal Berlin and City Council
From: Rosemary Vitosh, Director of Finance
Roger Scholten, Assistant City Attorney Q
Re: Discontinuance of Certified Letters
The proposed ordinance amendment would permit the Finance Department to
send notices by first class mail to owners of vehicles that are subject to
impoundment for accumulated parking violations and to consumers or
property owners whose water service is to be discontinued for failure to
pay their delinquent water service account. The two applicable ordinance
sections presently require that such notice be sent by certified mail.
The amendment would also require in regards to a discontinuance of water
service that the notice be posted on the affected property prior to shut-
off - a procedure which the department is currently following.
Our recommendation for adoption of this amendment is based on the reduced
number of treasury employees due to budget cuts, the cost of postage of
certified mail, the high percent of unclaimed and returned notices, and
the number of complaints by members of the public regarding the
inconvenience of certified mail.
The personnel time necessary for preparing certified mail is estimated at
a minimum of five minutes per notice as a result of the special handling
required. Sending such notices by first class mail would reduce the
necessary personnel time by an estimated 100 hours per month. The cost of
sending a certified letter is $1.40, and the department sends
approximately 600 certified letters a month. The change would therefore
save an estimated $750 per month in postage costs.
The number of notices returned unclaimed in recent months has ranged from
25% to 55%. This shows that a substantial percentage of
violators/customers do not receive the mailed notice under the present
procedure. Comments from the public reflect that many people find it a
hardship or must take off work to pick up a certified letter at the post
office. In addition, many persons do not claim their letter until after
the date of the administrative hearing.
From the legal standpoint, the amended notice procedures would provide
sufficient safeguards to comply with due process. In regards to traffic
impoundment, notice afforded vehicles owners by the placement of the
tickets on the vehicle in addition to the mailed notice satisfies
established standards. Baker v. City of Iowa Com, 260 N.W.2d 427 (1977).
Similarly, the posting of the notice on the property prior to
discontinuance of water service would provide adequate notice for the
affected consumer.
bj4/1
MICROFILMED DY
JORM MICR(�L AB
CEDAR RAPIDS DES MOINES