HomeMy WebLinkAbout2001-03-05 Ordinance Prepared by: Customer Service Mgr., 410 E. Washington Street, Iowa City, IA 52240; 319-3~-5065'5~
ORDINANCE NO. //'
/'
AN ORDINANCE DING TITLE 14, "UNIFIED DEVELOPMENT CODE", 3,
"CITY UTILITIES" 14-3A-6, ENTITLED "BILLING AND ON
PROCEDURES; DELINI NT ACCOUNTS" OF THE CITY CODE THE
FOR UNPAID
WATER ~ REFUSE AND RECYCLING SERVICES.
WHEREAS, the City has a fiscal to effectively manage of unpaid water,
wastewater and/or refuse and recycling and
WHEREAS, the City processes billin water, sewer and/or refus nd recycling services within 30
days after the end of the billing period; and
WHEREAS, if payment in full is not within 22 days billing date the utility account is
deemed delinquent; and
WHEREAS, City utility services are discontin to location for unpaid, delinquent active
utility accounts; and
WHEREAS, City utility services are location for unpaid delinquent closed
or inactive utility accounts; and
WHEREAS, the State Code provides that unpaid and/or solid waste collection charges
are a lien upon the property or premises served u County Treasurer that the rates or
charges are due after written notice of intent to the lien iven to the account holder.
NOW, THEREFORE, BE IT ORDAINED THE CITY NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDMENT. Title Chapter 3, Section entitled "Billing and Collection
Procedures: Delinquent Accounts" is he~ amended by:
a. Repealing the subsection B(1 "Imposition of a Lien npaid Services" and substituting
the following in lieu thereof:
B(1 ): Except as provid~ ~h "2" below, rates and c rges for City utilities not paid
as provided by City ordinance ~ lien upon the property or premises se d, upon certification by the
City Finance Director or desi eE to the County Treasurer that the rates and harges are due. 8aid lien
shall be collected in the sa mE in, !r as a property tax, as provided by State I w. At least ten (10) days
prior to such certification, e City Finance Director, or designee, shall give written otice of intent to certify
lien by ordinary mail to t account holder of the delinquent account and, if the acc nt holder is a tenant,
to the property owner record.
SECTION II. R EALER. All ordinances and parts of ordinances in conflict with t e provisions of this
Ord~En~fl2)r~ ~ tyoojhode;j~. If any section, provision or part of the Ordinance shall adjudged to be
IV. EFFECTIVE DATE.' This Ordinance shall be in effect after its final passage, pproval and law.
~ day of , .
\
CITY CLERK
Approved by
City Attorney s Office
~ntreas~ord~lien99orddoc
City of Iowa City
MEMORANDUM
Date: February 28, 2001
To: City Council and City Manager
From: Dianna Furman, Customer Service Manager
Re: Lien Collection of Delinquent Utility Accounts Changes
On your agenda for March 5, 2001 is an ordinance amending City Ordinance 14-3A-6B-
(1), City Utilities General Provisions, by removing the requirement of a resolution and
public hearing to certify to the County Treasurer those unpaid delinquent City utility
charges.
The Treasury Division has reviewed the collection processes for unpaid delinquent utility
accounts. The State Code Chapter 384.84.(3)(a) provides that unpaid utility charges are
liens upon the property served upon certification to the County Treasury that the charges
are due, after written notice is given to the account holder of the delinquent account.
Currently City Code requires a public hearing and Council action to cedify the liens.
Pursuant to the current State Code, we propose to simplify this lien collection procedure
by removing the requirement of a resolution and public hearing before City Council and
complete standard collection procedures on a timely quarterly basis. The Treasury
Division would establish quarterly lien collection procedures, advising the account holder
and/or the property ownedlandlord of our intent to certify to the County Treasurer on a
specific date if the unpaid delinquent balance remains unpaid.
We propose that the following collection procedures for unpaid delinquent utility
accounts be implemented:
1) Reference the lien collection procedures in the collection letters created on
the 22nd day and 50th day after the bill date. The 22nd day letter would
reference that lien collections are completed on unpaid delinquency
balances. The 50th day collection letter would specify the date the payment
must be received to avoid certification to the County Treasurer for collection
in the same manner as property taxes.
2) On a quarterly schedule, those unpaid delinquent accounts will be certified to
the County Treasurer that the rates and charges for the unpaid delinquent
utility accounts are due.
Benefits of proposed lien collection changes:
1) Improve the City's fiscal responsibility by providing for more timely
collections.
Lien Collection of Delinquent Utility Accounts Changes
March 1, 2001
Page 2
2) Decrease our utility collection lost revenue due to a sale of properties prior to
lien certifications (if a property is sold, the new owner is not liable for prior
unpaid utility bills if the lien has not been certified).
3) Improve customer relations with property owners with timely collections and
notifications of lien processes (comments from owners under the current lien
processes include an issue with the time period between delinquency and
collection--sometimes over a 1 year period)
4) Minimize the administrative staff time required to complete the account
reviews and eliminate detailed and itemized lien reports that were provided to
City Council.
5) Remove the resolution, public hearing and the City Council's time
involvement in the routine collection of delinquent accounts for City utility
services.
cc: Kevin O'Malley, Finance Director
Chuck Schmadeke, Director, Public Works
fintreasVnemos\liencollect.doc
Prepared by: Susan Dulek, Assistant City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO. 01-3960
AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE,"
CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE K ENTITLED
"CONDOMINIUM CONVERSION CODE" TO ESTABLISH PROCEDURES FOR CONVERSION OF
EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES
(CONDOMINIUMS).
WHEREAS, on April 25, 2000, the state legislature enacted S.F. 2426 entitled "An Act Relating to the
Designation, Valuation, and Taxation of Property in a Horizontal Property Regime and Including an
Effective Date." S.F. 2426 requires that if an existing structure is to be converted to a horizontal property
regime (condominium), the declarant must file the declaration with the city in which the regime is located
so the city's building department can inspect the structure; and
WHEREAS, S.F. 2426 further requires that the existing structure shall not be converted to a horizontal
property regime unless the city's building requirements in effect on the date of conversion are met; and
WHEREAS, consistent with H.F. 769, which amended Iowa Code §499B.11 in 1999, S.F. 2426 is
applicable only to condominiums used or intended to be used for human habitation; and
WHEREAS, the City Council believes that it is in the best interest of the City of Iowa City to establish a
procedure to fulfill the requirements of S.F. 2426.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby amended by adding new Article K, entitled "Condominium Conversion Code" as
follows:
(a) All declarations to convert an existing structure, which is used for human habitation or intended for
use for human habitation, to a horizontal property regime shall be filed with the City Clerk.
(b) Upon filing, the City Clerk will provide a copy of the declaration to the Building Official.
(c) Before any inspection is conducted, the declarant must:
(1) Submit "as-built" plans for review by the Building Official that indicate compliance with the City
Building Code requirements in effect on the date of the conversion; and
(2) Pay condominium conversion fee, which will be set by resolution.
(d) After "as-builts" are submitted and the fee paid, the Building Official shall conduct site and building
inspections to determine whether the structure complies with the City Building Code requirements in effect
on the date of the conversion.
(e) Within sixty (60) days of the declaration being filed with the City Clerk, the Building Official shall
issue a Certificate of Compliance if the structure meets the City Building Code requirements in effect on
the date of the conversion or provide written notification to the declarant stating why the structure does not
meet the City Building Code requirements in effect on the date of the conversion.
SECTION Ill. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY. If any section, provision 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 DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 51:h day of r~a~'ch ,2001.
Approved by
City Attorney's Office sue~ord&res'condcconvrd rev doc
Ordinance No. 01-3960
Page 2
It was moved by Vanderhoef and seconded by 0 ' Donnel 1 that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Fimt Consideration 2/20/01
Voteforpassage: AYES: O'Donnel], Pfab, Vanderhoef, Wilburn, Champion,
Kenher, Lehman. NAYS: None. ABSENT: None.
Second Consideration ..........................
Vote for passage:
Date published 3/14/01
Moved by Vanderhoef, seconded by O'Donnell, that the rule reuqiring 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 second consideration
and vote be waived and the ordinance be voted upon for final passage at this time.
AYES: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: Kanner.
ABSENT: None.
Prepared by: Doug Boothroy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121
ORDINANCE NO.
ORDINANCE AMENDING TITLE 6, CHAPTER 1 (NUISANCES) OF THE CODE OF
OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND
NUMBER OF VEHICLES PARKED, STORED
OUTSIDE ON PRIVATE PROPERTY.
:he regulation of the number and location of parked, stored, placed or kept in any
single-family ~lex residential area is necessary in order to preserve the as
predominantl' !ntial in character; and
WHEREAS, utdoor parking, storing, placing, and keeping of vehicles is not to be a primary
activity in residential regulating these activities will constitute no more than aintrusion on any
residential area; and
WHEREAS, it is in public interest to provide monitoring, regulation, of residential
properties to prevent parking, storing, placing or keeping of vel' outdoors from becoming
nuisances, and creatin
NOW, THEREFORE, BE )RDAINED BY THE OF IOWA CITY, IOWA:
SECTION I. 6-1-1, "Definitions," is add the new definition of
"Vehicle":
Vehicle: Any device in, upon which a person or property i may be transported or drawn upon a
highway or street, excepting ~, human power or usexclusively upon stationary rails or tracks,
and shall include, but not be limited truck, trailer, motorcycle, tractor, buggy,
wagon or any combination thereof not licensed year.
Section 6-1-2.Q, "Vehicles illegally private is hereby amended by repealing Subsection
Q and substituting in its place the foliowit Q:
Vehicles illegally parked, stored, placed, or ke
1. The parking, storing, placing or keeping upon private property without the consent of the
property owner or responsible
2. No more than six operable vehicles ~ stored, placed, or kept outdoors at any one time on
any single-family or duplex reside lot. The ay exceed six vehicles if the number of licensed
drivers who is addressed the same as the residence
exceeds four, in which shall be one vehicle allowed for each driver in excess of
four. This section shall to temporary guest where said guest(s) are lodging at the
subject residence.
SECTION II. All ordinances and parts in conflict with the provisions of this
SECTION III. SE If any section, provision )rdinance shall be adjudged to be
invalid or such adjudication shall not affect the validity Ordinance as a whole or any
· ' not adjudged invalid or unconstitutional.
SECTION EFFECTIVE DATE. This Ordinance shall be in :inal passage, approval and
publication provided by law.
Passed and approved this __ day.~f ,20___
ATTEST:
CITY CLERK
City Attorney's Office
Hisadm%ord~nuisancesdoc
Ordinance No.
Page __
It was moved by and seconded by / that the Ordinance
as read be adopted, and upon roll call there were:
\\
AYES: N'A,,yS: ABSENT:
"". Champion
Kanner
' ~ Pfa~
"~ Vand rhoef
Wi
First Consideration :]./]-6/0:].
Vote for passage: AYES: ~efz W~blurn, Champion, Lehman, O'Donnell.
NAYS: Kanne~'. ABSENT:
Second Consideration 2/6/01
Voteforpassage: AYES: O'Donnel]', ~der'hoef, Champion, Lehman. NAYS: Pfab, W'ilbu~-n,
Kanne~'.ABSENT: None.
Date published