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Home My WebLink About1979-11-06 Ordinance0 M i ORDINANCE NO. 79-2979 AN ORDINANCE AMENDING ORDINANCE NO. 2550 ARTICLE V SIDEWALKS DIVISION 3 ICE AND SNOW REMOVAL, TO DELETE THE REFERENCES TO THE DIRECTOR OF PUBLIC WORKS AND TO PROVIDE RULE MAKING AUTHORITY. SECTION I. PURPOSE. The purpose of this ordinance is to delete the references to the Public Works Director replacing with "the City", to provide for rule authority to create a rule for special snow removal services for the elderly and handicapped. i SECTION II. AMENDMENT. Section 31-121 is hereby 3 amended to read as follows: Removal by City. 3 (a) Snow or ice accumulations which have j remained on any sidewalk in the city for i a period, of twenty-four (24) hours, may 1 be removed by the City, without notice to the owner, tenant or person in charge of property abutting such sidewalk. i (b) The expense thereof, as to the actual amount, shall be certified to the City Council and assessed against the abutting property by resolution of such Council and the assessment certified by the City Clerk to the County Auditor for icollection. (c) The removal of the snow or ice I accumulations by the City shall not operate as a waiver of the right of the I! City to enforcing obedience of its ordinances for removal of ice and snow, by fine or by imprisonment, pursuant to the laws of the State. Section 31-122 is hereby amended to read as follows: Notice to owner not to extend time for e removal. 1 Any notice as to removal of snow or ice by the City to any owner, tenant or person in charge of property shall not extend the time period for removal or the removal by the City or of the assessment of costs thereof or commission of the I , v , offense as specified in this division. i MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 M a h .` —I ---------- I ------=.� Section 31-123. Director's Rule Making Authority. (a) The Director may make, amend, revoke and enforce reasonable and necessary rules and regulations, governing but not limited to: (1) special snow removal services for the elderly and handicapped; (2) a copy of any and all rules and regulations issued under the provision of this section shall be filed in the office of the City Clerk and shall be available for inspection during normal business hours. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,.approval and publication as required by law. Passed and annrnvpd thic 6th n.v �F m, _ 1090 ATTEST: RECEIVED 3 VZOW W BY TBE LEM DTr'PI1RIM MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES I S ': Ordinance No. 79-2979 Page 3 It was proved by deProsse and seconded by Erdahl, that the an upon ro ca t r Rance be adopted, ere were: AYES: NAYS: ABSENT: XBalmer XdeProsse x x Erdahl Neuhauser x xRoberts Perret x Vevera iabcxonscid¢rstiocnc :Vote[4bVxPMag 2ndcTens[1 WV&tfi=: *8t8[ ftrXPaKaIj Moved by deProsse, seconded by Erdahl, that the rule requiring ordinances to be consider- ed 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 consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Roberts, Vevera, Balmer. Nays: None. Absent: Perret. Date of Publication November 14 1979. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES I, I ORDINANCE N0. 79-2978 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF IOWA CITY. BE IT ENACTED: SECTION I. PURPOSE. The purpose of this ordinance is to j amend Chapter 17 of the Code of Ordinances of Iowa City by suspending enforcement of the requirements for storm windows and storm doors until November 1, 1980. ' SECTION II. AMENDMENT. Chapter 17 of the Code is "as hereby amended 17-4.0)(2)(9). Effective November 1, 1980: € During the portion of each year when the housing inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit to outdoor space shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against elements and `i cold is provided such as insulating glass and insulated metal exterior doors. EXCEPTION: Dwellings designated by official action of the City Council as having r special historical or architectural significance shall be exempted from P` the above door/window requirements. # SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. +' SECTION IV. SEVERABILITY. If any section, provi- Sion 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 effect after its final passage, approval and publication as required by law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES k I ' I - i i I I u j, j' I { I i -,I I I _ Passed and approved this 6th day of Nov. , 1979 MAYOR ATTEST: CITY CLERft FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 6IOIIIES i . `I i 11 fIj It was moved by Balmer , and seconded by Neuhauser 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 X(3Cj;{rg$ x�td f ISH 8 idd�a�J61S 1i N�B�xEo'Fxji3G�iJ�R X4'e"ra416iiycYo'E>ll�di�r�'t7l8di_ 7IDb8 � x1}'o`Fx j314: Moved by deProsse, seconded by Neuhauser, that the rule requiring ordinances to be considered and voted on for passageat 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, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Nays: None. Absent: Perret Date of PublicationNovember 14, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40DIES RECEIVED & AFPRO:TD Ily ,TOE LEGAL TiEPU' k :1T I j I , `I i 11 J i I L _ It was moved by Balmer , and seconded by Neuhauser 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 X(3Cj;{rg$ x�td f ISH 8 idd�a�J61S 1i N�B�xEo'Fxji3G�iJ�R X4'e"ra416iiycYo'E>ll�di�r�'t7l8di_ 7IDb8 � x1}'o`Fx j314: Moved by deProsse, seconded by Neuhauser, that the rule requiring ordinances to be considered and voted on for passageat 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, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Nays: None. Absent: Perret Date of PublicationNovember 14, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40DIES RECEIVED & AFPRO:TD Ily ,TOE LEGAL TiEPU' k :1T I I ..... ..... City of Iowa City MEMORANDUM Date: November 2, 1979 To: City Manager and City Council From: Michael Kucharzak, Director of Housing & Inspection Serv. Re: Sidewalk Snow Removal Program Effective July 1, 1979, the City Council transferred the responsibility for sidewalk maintenance, including snow removal, from the Department of Public Works to the Department of Housing & Inspection Services. The summer and fall months were spent undertaking the Community Development Block Grant sidewalk survey and in performing construction supervision for the curb ramp and sidewalk replacement program utilizing federal monies. The staff also surveyed the downtown area to determine the extent of sidewalk replacement necessary to meet the minimum sidewalk safety standards. This memo is designed to serve as an outline for the sidewalk snow removal activities that will be initiated this winter. ENFORCEMENT OF THE ORDINANCE The Department of Housing & Inspection Services will enlist the support of all inspectors, including building inspectors, electrical and plumbing inspectors, and housing inspectors to assist in the enforcement of the snow removal section of the sidewalk ordinance. The methodology is such that following a snow storm, each inspector will be assigned a neighborhood to be canvassed. Where snow remains on a public walkway in excess of the 24 hours prescribed by code, the inspector will hang a notice on the doorknob of the residence requesting that the snow be removed or that the City will remove the snow and charge the expense back to the property owner. To date, we have divided the City into 22 neighborhood areas, each having a school, hospital, or other major institution at its center, which by its public use, attracts a high level of pedestrian traffic. Once initiated, sidewalk snow removal inspections, will start at the school or other public facility and radiate out in an organized fashion from that facility to the outer boundaries of the district assigned. It is anticipated that each area can be canvasr,od in an eight hour work day. Followup inspections to determine if, the snow has been removed upon receipt of notice will be made by Jerry Denison, Building Inspector assigned to the sidewalk program. INFORMING THE PUBLIC In order to implement the sidewalk ordinance enforcement program at the levels contained in this memorandum, the staff has not only mapped out the City but taken the necessary steps to develop and print the removal notice reminders to be hung on doorknobs. In addition, we have planned an in- aI MICROFILMED BY JORM MICROLAB fCEDAR RAPIDS -DES Ido RIES l 3 owners, and further assuming a minimum of six storms this winter, we could charge $5 per snow storm and realize and additional $1,140 in operating revenue to offset City expenses. STAFF With the above projections and estimates it is conceivable that once the equipment, especially the snow blowers and truck ramps are provided, we could offer the service to elderly and handicapped home owners with existing parks and recreation personnel. Long range weather forecasts portray a different picture. Most sources indicate a winter as severe as 1978 and possibly worse. Dennis Showalter indicates that if we indeed have a winter as severe as the last one, that his present snow removal responsibilities would tie up all his personnel without providing staff for the elderly and handicapped program or even to help with the recalcitrant snow removal obligations. For this reason we are suggesting hiring two full time temporary employees who will be assigned to the Parks & Recreation Department as Maintenance Worker I. When these employees are not performing sidewalk snow removal activities, they will perform building maintenance duties and charge their time to appropriate maintenance accounts. The staff has prepared a preliminary budget which would indicate that hiring two Maintenance Worker I's for a period of six months would require an additional $10,737 to be paid from charges for the snow removal service and from building maintenance accounts. In addition another $6,000 is necessary to provide two snow blowers, ramps to load the snow blowers on to City pick up trucks, rental of the City trucks from the City pool, printing costs, safety equipment, general office supplies, gasoline and oil, repairs and maintenance and other related charges such as administrative costs for filing charges and assessments against property for snow removal services provided by the City. CDBG CONTRIBUTIONS Department of Planning and Program Development will, with Council approval, explore the possibility of charging non-recoverable costs to the Community Development Block Grant Program since the direct benefit of the special service will to go to elderly and handicapped property owner;, on apparent eligible activity for the federal money. It is most difficult to anticipate the response to the elderly and handicapped snow removal services proposed by the staff, however, it is expected that more people will request this service than do refuse handling services simply because the task of removing snow from public walk ways is far more arduous and dangerous to the health of elderly citizens than is carrying refuse to the curb line. Should the staff's estimate of response be correct, it is conceivable that all staff salaries and basic operating costs could be recouped without using ,general fund money. The chances of this happening are enhanced if the snow blowers, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2 service training session to instruct all inspectors in the proper enforcement of the code. The staff also plans to run an ad in the Press - Citizen and Daily requirements. Iowan to inform the citizens about the Code require IMPACT ON ELDERLY AND HANDICAPPED We feel confident that we can enforce the ordinance as it is written so as to demonstrate significant improvement in the enforcement of the sidewalk snow removal ordinance. However, strict enforcement of the code will result in hardship to property owners who, because of age or other infirmities, are unable to perform the task of removing the snow. This burden will be especially difficult for elderly and disabled citizens who reside in their own home and do not have able bodied family members, tenants or the financial wherewithal] to hire out this service. Conscious of this need in attempting to respond to the importance of maintaining the sidewalks in a passable condition for use by all citizens, al assistance the staff is requesting authorization to establish a program of financi to owner occupants who because of physical infirmities or age, require the City to perform the sidewalk snow removal services at a discount rate. This approach is similar to the service provided by the City in refuse container handling. PLAN FOR SPECIAL SNOW REMOVAL SERVICES 'FEES FOR RECALCITRANT During the winter of 1978, the City removed snow on over 100 properties. The average cost charged by the City to the property owner was $15 per l! structure. Since the actual cost of enforcement include the inspection, reinspection, removal and related paper work, the actual costs exceed the $15 average charged last winter. The staff suggests that for 1979 a $25 minimum charge per snow removal be assessed against recalcitrant property owners who fail to remove the snow from their sidewalks and thus obligate 100 feet or fraction the City to perform the service. This $25 charge shall be for the first charged at the rate of .20rper linear foot overe100sfeeof t,100 feet shall be Since the City only responded to complaint calls last winter, it c. -In br, assumed that with a stepped up enforcement program this winter thrlt wr. would have to remove snow from at least 100 properties this season. At the $25 charge, this would generate $2,500 in revenue to cover expenses. FEES FOR ELDERLY AND HANDICAPPED s j Elderly and handicapped individuals often are forced to exist on limited f incomes that may find $15 per snow storm a charge they cannot afford, Presently 38 elderly and/or handicapped individuals are receiving special refuse service from the Department of Public Works. Assuming that I each citizen now receiving the special refuse service will also apply for the snow removal services proposed for elderly and handicapped home MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS -DES MOVIES • i I ij i i i i. i i i i f•! i i i i L a ramps, printing and other equipment related charges could be found eligible for federal money. The staff encourages the Council to consider this program to help alleviate the hardships of single family home owners who because of age or infirmities find it very difficult to cope with Iowa's winter. These same citizens are often inconvenienced by other property owners who neglect to remove snow from their sidewalks thus making access to such community services as congregate meals, public transportation, the Senior Center and other public services difficult if not impossible to reach for a considerable portion of the calendar year. The staff would appreciate Council approval of an experimental program for this winter season and after an evaluation of our success a decision could be made as to whether or not to continue this service in the future. rte— - --- - – — ,-•..-�-� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES MICROFILMED BY JORM MICROLAB ;.CPAR kAPIpS•Jf , 't01 NCS