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The City of Alburnett, City Code Book can be accessed by selecting an Ordinance and by clicking on the title.
CITY CHARTER
SECTION 1. PURPOSE. The purpose of this chapter is to provide for a charter embodying the form of government.
SECTION 2. CHARTER. This chapter may be cited as the Charter of the City of Alburnett, Iowa.
SECTION 3. FORM OF GOVERNMENT. The form of government of the City of Alburnett, Iowa, is the Mayor-Council form of government.
SECTION 4. POWERS AND DUTIES. The Council and Mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules, and regulations of the City of Alburnett, Iowa.
SECTION 5. NUMBER AND TERM OF OFFICIALS. The Council consists of five council members elected at large and elected for terms of four years. The Mayor is elected for a term of four years.
SECTION 6. STAGGERED TERMS. At the first election under the chapter, as amended , all five council members and the Mayor are to be elected. The two council members receiving the greatest number of votes cast and the Mayor are to serve for terms of four years and the other council members are to serve for terms of two years. Commencing at the next regular city election thereafter, and at all subsequent regular city elections, all council members and the Mayor shall be elected for terms of four years.
SECTION 7. ATTENDANCE FOR COUNCIL MEETINGS. The Mayor and Council members are required to attend 2/3 of all city council meetings or not miss more than 3 consecutive meetings. To be considered in attendance the Mayor or Council member must be in attendance for1/2 of the meeting time. Failure to meet this requirement is grounds for removal from office.
SECTION 8. COPIES OF FILE. The City Clerk shall keep and official copy of this Charter on file with the official records of the City Clerk, shall immediately file a copy with the Secretary of State of Iowa, and shall keep copies of the Charter available at the City Clerk’s office for public inspection.
SECTION 9. MUNICIPAL ELECTIONS. Pursuant to the provisions of Chapter 376.3 of the 2000 Code of Iowa, the City does hereby adopt, elect, and choose the provisions of Chapter 45 of the 2000 Code of Iowa, as the Same relates to nominations of candidates for the elective city offices.
SECTION 10. CITY MOTTO. The official City Motto of Alburnett shall be “Alburnett, the comfort of country and community.”
SECTION 11. CITY LOGO. The official City Logo of Alburnett shall be
OFFICIAL SALARIES
SECTION 1. COUNCILMEMBERS. Councilmember’s shall receive $20.00 per Diem per meeting, and shall be eligible to be reimbursed for added expenses incurred as a city official.
SECTION 2. MAYOR. The Mayor shall receive in lieu of salary statutory fees, an annual salary of two thousand five hundred Dollars ($2500.00) to be paid in monthly installments.
SECTION 3. CLERK. The Clerk shall receive an hourly rate or an annual salary established by Resolution of the City Council to be paid in equal monthly installments.
SECTION 4. TREASURER. The Treasurer shall receive an hourly rate or an annual salary established by Resolution of the City Council to be paid in equal monthly installments.
SECTION 5. OTHER CITY EMPLOYEES. Any other city employees shall receive either an annual salary or hourly rate established by Resolution of the City Council.
SECTION 6. PERSONNEL POLICY. The City Council by separate resolution shall adopt a personnel policy governing all benefits other than wages and establishing expectations, and requirements for other city employees. The Mayor shall be designated as the personnel administrator for the City of Alburnett.
BUDGETING, EXPENDITURES, NOTICES, PENALTIES, AND GENERAL PROVISIONS
SECTION 1. COUNCIL TRANSFERS. When the City Clerk or City Budget Officer determines that one or more appropriation accounts need added authorizations to meet required expenditures therein, he shall inform the Council on the Council upon its own investigation so determines, and another account within the same program has an appropriation in excess of foreseeable contingency account has an unexpended appropriation which along or with the other accounts can provide the needed appropriations, the Council shall set forth by resolution the reductions and increases in the and the reason for such transfers. Upon the of the resolution and approval by the Mayor, as provided by law for resolution, the City Clerk or Budget Officer shall cause the transfers to be set out in full in the minutes and be included in published proceedings of the Council, thereupon the Clerk, and were applicable, the City Treasurer, shall cause the appropriation to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation to a program be increased except for transfers from the contingency account nor shall the total appropriation for all proposed be increased except by a budget amendment made after and hearing as required by law for such amendments.
SECTION 2. ADMINISTRATIVE TRANSFERS. The City Clerk or Budget Officer shall have the power to make transfers between activities, or between subprograms without prior Council approval to met expenditures which exceed estimates or are unforeseen but necessary to carry out Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 3% (Three Per Cent) or $100.00 (One Hundred) at any time of the activity's annual appropriation is increased or decreased. However, when a given transfer, considering all previous transfers to or from an activity, causes the total change in the appropriation for any activity to exceed by 10% (Ten Per Cent) greater or 10% (Ten Per Cent) less than the original appropriation, it shall be presented to the Council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the Council. All administrative transfers shall be reported in writing at next regular meeting of the Council after being made and the fact set out in the minutes for the information of the Mayor and Council
SECTION 3. BUDGET OFFICER. The City Clerk or another person designated by the City Council shall be the City Budget Officer and is responsible for preparing the budget in cooperation with the Council and Mayor. This person shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to Council control and the limitations set out in this ordinance.
SECTION 4. EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases not exceeding $75.00 (Seventy-five Dollars) may be by those officials authorized by the Clerk but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within twenty-four (24) hours, weekends and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be exempt from the above requirements.
SECTION 5. AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the Clerk or, City Budget Officer after determining whether the purchase, if a major item, has been authorized by the budget or other Council action. The Clerk or City Budget Officer shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriations is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment or transfer or appropriation is made in accordance with power delegated by Council within the limits set by law and the Council. The Clerk or Budget Officer shall draw a warrant\check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the materials have been delivered of the quality and in the quantities indicated or the services have been preformed satisfactorily to the extent invoiced.
SECTION 6. ACCOUNTING. The Clerk or City Budget Officer shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given and warrants written, which receipts and warrants shall be pre-numbered, in accordance with modern, accepted methods, and the requirements of the state. He shall keep a general ledger controlling all cash transactions, budgetary accounts and recording un - appropriate surpluses. Warrant/checks shall be signed by the City Clerk.
SECTION 7. BUDGET ACCOUNTS. The Clerk or City budget officer shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by Council. Each individual account shall be maintained within its proper fund as required by Council order or state law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation for the function and purpose for which and purpose for which the expense was incurred.
SECTION 8. CONTINGENCY ACCOUNTS. Whenever the Council shall have budgeted for a contingency account the Clerk or City Budget Officer shall set it up in the accounting records but he not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.
SECTION 9. STUDIES. That whenever the City Council finds that in order to properly exercise its functions, it should undertake an in depth study of any matter in order to determine the best manner of dealing with that matter through the preparation of City ordinances. The City Council may form itself into a study committee of the whole or a study committee of the part.
SECTION 10. STUDY COMMITTEE. A study committee formed under this ordinance shall have the power to conduct investigations under such restrictions as the City Council may have said in the establishing resolution and shall have authority to call witnesses, administer oaths, issue subpoenas and cite for contempt. At the completion of the study committee's business it shall issue a report of its findings to the City Council and may include therein any proposed ordinances.
SECTION 11. COST OF SPECIAL MEETINGS. Whenever any person requests the calling of or scheduling of a special meeting of the City Council or the same becomes necessary to handle any requests of said person for municipal services, assistance or approval the said person shall required to advance the administrative costs of said meeting the amount of $150.00 (one hundred fifty dollars) in advance or the meeting shall not be called.
SECTION 12. LISTING AND LENGTH OF NOTICE. The three public places where public notice of ordinances and other matters permitted to be posted are to be displayed are:
FARMERS STATE BANK
ALBURNETT POST OFFICE
LEFTY'S CONVENIENCE
The City Clerk is hereby directed to promptly post such ordinance and notices, and to leave them so posted for not less ten days after the first date of posting, and he shall note first date of such posting on the copies of said ordinance and, in the official ordinance book immediately following the ordinance.
SECTION 13. REMOVING NOTICE, UNLAWFUL. Removal of a public notice by persons other than the City Clerk shall be a misdemeanor. Such removal before the ten days have expired, however, shall not affect the validity of the ordinance.
SECTION 14. JURISDICTION. Unless otherwise provided in this code, this code applies to acts performed within the corporate limits of the City. Provisions of this code also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the City to regulate such particular acts outside the corporate limits.
SECTION 15. PENALTIES. (a) Standard Penalty. Unless another penalty is expressly provided by this code for any particular provision, section or chapter, any person violating any provision of this code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference shall, upon conviction, be subject to a fine of not more than $100.00, or to imprisonment for not more than 30 days, and may be adjudged to pay the costs of prosecution. Whenever the fine and costs imposed for a violation are not paid, the person convicted may be committed to jail until the fine and costs are paid, not exceeding 30 days.
(b) Each Day a Violation. Each act of violation and every day upon which a violation occurs or continues constitutes a separate offence.
(c) Applicability. The penalty provided by this section applies to the amendment of any section of this code or any code adopted herein by reference whether or not such penalty is re-enacted in amendatory ordinance.
(d) Reference to Sections. Reference to any section of this code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
(e) Failure of Officers to Perform Duties. The failure of any officer or employee of the City to perform any official duty imposed by this code shall not subject such officer or employee the penalty imposed for violation of this code, unless a penalty is specifically provided.
SECTION 16. RESPONSIBILITY FOR ACTS. Every person concerned in the commission of an act prohibited by this code, whether he directly commits the act, or prosecutes, counsels, aids or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.
SECTION 17. CIVIL ENFORCEMENTS. In addition to the penalties set forth in Section 15 or in lieu thereof the City may for violation of any provision of this code or any rule or regulation adopted or issued pursuant thereto or any provision of any code adopted herein by reference, institute civil suit either at law or equity, for damages or injunction, or both, or for such other and further relief as the City deems necessary in the premises.
SECTION 18. SEPARABILITY OF PROVISIONS. It is the intention of this Council that each section, paragraph, sentence, clause, and provision of this code is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this code, nor any part thereof other than that affected by such decision.
SECTION 19. GENERAL STANDARDS FOR ACTION. Whenever the Municipal Code grants any discretionary power to the City Council or any commission, board or officer or employee of the City and does not specify standards to govern the exercise of the power, the power shall be exercised in light of the following standard: The discretionary power to grant, deny or revoke any matter shall be considered in light of the facts and circumstances then excising and as may be reasonably foreseeable and due consideration shall be given to the impact upon the public health , safety, and welfare and the decisions shall be that of a reasonably prudent person under similar circumstances in the exercise of the police power.
SECTION 20. DEFINITIONS. (a) "Code" means the Code of Ordinances of the City of Alburnett as may be amended from time to time.
(b) "Second (2nd) Offense" is a recurring violation of the same section of the Code of Ordinances. (c) A "municipal infraction" is a civil offense or violation of the Code of Ordinances as provided for in Section 364.22, 2000 Code of Iowa.
SECTION 21. CIVIL CITATION. (a) Any City employee or other official authorized by the City to enforce this Code may issue a civil citation to a person who is alleged to have committed a municipal infraction.
(b) The civil citation may be served by personal service or by certified mail, return receipt requested, to the alleged violator.
(c) One copy of the civil citation shall be retained by the issuing officer for the records of the City and one copy shall be filed with the Clerk of the District Court.
(d) The civil citation shall serve as notification that a civil offence has been committed and shall contain the following: 1. The name and address of the alleged violator.
2. The name or description of the alleged infraction, attested to by the City official issuing the civil citation.
3. The location and time of the alleged infraction.
4. The amount of civil penalty for the violation charged and the court costs, or the alternative relief sought, or both.
5. The manner, location and time in which the penalty may be paid.
6. The time and place of court appearance.
7. A statement of the penalty for failure to appear in court.
SECTION 22. MUNICIPAL INFRACTIONS. In addition to the penalties set forth in the Code or in lieu thereof, each violation of any provision of this Code, any Code adopted herein by reference, or any rule or regulation adopted or issued pursuant thereto, or the failure to abate a nuisance, is a municipal infraction and is subject to the provisions, penalties and alternative relief as follows:
(a) Any violation which is a felony, aggravated misdemeanor or serious misdemeanor under state law shall not be treated as a municipal infraction.
(b) Unless another civil penalty is provided elsewhere in this Code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties:
- 1st Offense - $ 100.00 - 2nd Offense - $250.00 - 3rd and Subsequent Offenses - $500.00
(c) Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
(d) Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief from the court in the same action, including, but not limited to, an order for abatement or injunctive relief.
VOLUNTEER FIRE DEPARTMENT
SECTION 1. ESTABLISHMENT AND PURPOSE. A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety and to answer all emergency calls for which there is no other established agency.
SECTION 2. FIRE CHIEF. The office of Fire Chief is hereby created. The Fire Chief shall be elected for terms of two (2) years by a simple majority vote of the members of the volunteer fire department with approval of the council, to succeed a prior fire chief or to fill a vacancy. The council shall be furnished with the department's attendance records for drills, meetings and calls, and shall give due consideration to such records in approving the appointment of the Fire Chief. The volunteer fire department, by two-thirds (2/3) majority vote, with approval of the council, may remove the Fire Chief by written order, setting out the reasons for removal, which shall filed with the City Clerk.
SECTION 3. FIRE CHIEF'S DUTIES. The Fire Chief shall command all operations of the department, and be responsible for the care, maintenance and use of all vehicles and equipment of the department. In the absence of the Fire Chief, the next ranking officer or senior firefighter on duty shall exercise all duties and responsibilities of the Fire Chief. Subject to council approval, the Fire Chief shall establish and maintain departmental rules to carry out the requirements of this ordinance. The Fire Chief shall provide every firefighter with a copy of these rules. With the approval of the council, the Fire Chief shall appoint volunteer firefighters, fill vacancies among them and may discharge them. The chief shall keep a record of names, ages and residences of the department members and be responsible for their training and supervision. He shall maintain attendance records for drill meetings and calls. The Fire Chief shall investigate the cause, origin and circumstances of each fire by which property has been destroyed or damaged, or which results in bodily injury to any person. Whenever he finds that bodily injury or property damage of Fifty ($50.00) Dollars or more was caused by such fire, or if he suspects arson, he shall report his findings to the State Fire Marshal writing within one week after the fire. If he believes that a fire was started by design or if a death occurs as the result of fire, he shall notify the State Fire Marshal immediately. The Fire Chief has authority to enter and inspect any building or premises in the performance of his duties and shall make written orders to correct any conditions that are likely cause fire or endanger other buildings, property or persons.
SECTION 4. VOLUNTEER FIREFIGHTERS. The Fire Department be staffed by up to thirty (30) volunteer firefighters who are eighteen years of age or older and who live or work in the City of Alburnett or Otter Creek Township. Any volunteer firefighter authorized to drive Fire Department equipment must have a valid Iowa driver’s license. Persons under age of eighteen years who are allowed to assist the Department in an associate capacity shall be restricted by the Fire Chief from performing any duty in violation of health or safety regulations concerning minors.
SECTION 5. FIREFIGHTERS DUTIES. When called by the Fire Chief, all firefighters shall perform duties and comply with rules established by the Fire Chief as provided for in this chapter.
SECTION 6. FIREFIGHTER COMPENSATION. All volunteer firefighters shall receive no payment or compensation for services except for reimbursement of approved expenses. One Dollar ($1.00) per attendance at volunteer Fire Department meetings or attendance at calls and emergencies in the in the fire district shall be paid in an annual lump sum to the Volunteer Fire Department following certification of attendance at meetings and calls by the Fire Chief to the City Council. The attendance payment attendance payment above shall not be paid separately if the Department is allocated a Discretionary Fund, but allowance shall made in Discretionary Fund appropriation for a sum approximate the annual attendance payment.
SECTION 7. WORKMEN'S COMPENSATION AND HOSPITALIZATION INSURANCE. The council shall contract to insure the City against liability for workmen's compensation and against statutory liability for the cost of hospitalization, nursing and medical attention for fire department members injured in performance of their duties as firefighters. All members of the Alburnett Fire Department shall be covered by the contract.
SECTION 8. LIABILITY INSURANCE. The Council shall contract to insure against liability of the City or members of the Department for injuries, death or property damage arising out of and resulting from the performance of departmental duties.
SECTION 9. FIRES OUTSIDE OF THE CITY OF ALBURNETT. The department may answer calls to fire and other emergencies outside the limits of the City of Alburnett if the Fire Chief determines that an emergency exists and that such action will not endanger persons or property within the limits of the City of Alburnett.
SECTION 10. DISCRETIONARY FUND. In lieu of annual appropriations for specific budget line items, the City Council may make one appropriation for the fiscal year to a Discretionary Fund to be administered by the Fire Chief. Such Discretionary Fund shall be for such expenses as meeting and call allowances, shots, firefighter equipment, and miscellaneous supplies. The Fire Chief shall make a semiannual report to the City Council of the Fund's disbursements and shall make receipts for all expenditures from the fund available to the Council.
BEER AND LIQUOR LICENSING AND REGULATION
SECTION 1. STATE CODE. Beer and liquor licensing and regulation shall be similar to and controlled by Chapter 123 of the Code of Iowa (2000).
SECTION 2. LICENSE APPLICATIONS AND RENEWAL. The business owner, or a representative of the owner, must be present at a City Council meeting to present an application for a beer or liquor license and renewal thereof.
CIGARETTE LICENSES
SECTION 1. DEFINITIONS. Terms used in this Chapter mean as follows:
Cigarette: Any roll for smoking made wholly or in part of flavored, flavored, adulterated or mixed with any other ingredient. It shall also mean cigarette papers, wrappers and tubes. It shall not include cigars.
Retailers: A person, who sells, distributes or offers for sale or consumption, or possesses for the purpose of sale or consumption, cigarettes, irrespective of the quantity or amount of the number of sales.
Place of business: Any building or structure in which cigarettes are sold, or are kept for the purpose of sale, bay a retailer.
SECTION 2. PERMIT REQUIRED. No retailer shall distribute, sell or solicit the sale of any cigarettes within the City without a permit for each place of business.
SECTION 3. ISSUANCE. The City Council shall issue or renew a permit if it will not be detrimental to public health, safety and morals, when a retailer who is not a minor has filed with the City Clerk:
1) A completed application on forms provided by the State Tax Commission and accompanied by the fee provided in this Section.
2) The City Council shall certify its action in issuing a permit to the State Tax Commission.
SECTION 4. EXPIRATION. Permit shall expire on June 30 of each year.
SECTION 5. FEES. The fee for permits issued or renewed shall be $65.00 (seventy-five dollars) except that in the initial year of issuance the fee shall be prorated by the number of months for which said permit shall be valid until the permit must be renewed on the next following June 30. Upon issuance of the permit by the City Council, the Clerk shall forward the fee to the City Treasurer. A retailer may surrender an un-revoked permit and shall be entitled to a prorated refund based upon the number of unused month being divided into the permit fee.
SECTION 6. REVOCATION. The City Council, after notice and hearing shall revoke a permit if it finds the retailer has substantially violated the provisions of this Chapter or the cod of Iowa or if grounds exist that would be sufficient for refusal to issue a license. The City Clerk shall five (5) days written notice to the retailer by mailing a copy by certified mail to the place of business as it appears on his application for a permit. The Notice shall state the reason for contemplated revocation and the time and place at which he may appear and be heard. The hearing shall be held at the regular meeting place of the City Council.
SECTION 7. TRANSFER. A permit shall not be transferable to another place of business or a retailer. However, if a retailer who holds a valid permit changes his place of business, the City Council, if it decides to issue a new permit to him, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a
SECTION 8. LICENSE APPLICATIONS AND RENEWALS. The business owner, or a representative of the owner, must be present at a City Council meeting to present an application for a Cigarette License.
CHAPTER 7HAZARDOUS SUBSTANCES SECTION 1. PURPOSE. In order to reduce the danger of public health, safety and welfare from the spills of hazardous substances these regulations are promulgated to establish responsibility for the removal and cleanup of spills within the city limits. SECTION 2. DEFINITIONS. For the purpose of this Chapter these words have the following meanings: (a) “Hazardous waste” means those wastes which are included by the definition in Section 455B.441, subsection 3, paragraphs a and b, Code of Iowa (2001). (b) “Hazardous substance” means any substance as defined in Section 455B.381, subsection 5, Code of Iowa (2001). (c) “Hazardous conditions” means the same as set out in Section 455B.381, subsection 4, Code of Iowa (2001) (d) “Responsible person” means the party, whether the owner, agent, lesser, or tenant, in charge of the hazardous substance or hazardous wastes being stored, processed, or handled, or the owner or bailer transporting hazardous wastes or substances whether on public way or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. (e) “Cleanup” means the removal of the hazardous wastes or substances to a place where the waste will not cause any danger to persons or the environment, in accordance with state rules therefore or the treatment of the material as defined herein to eliminate the hazardous condition, including the restoration of the area to a general good appearance without noticeable odor as for as practicable. (f) “Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance non-hazardous, safer for transport, amendable for recovery, including any activity or processing designed to change the physical form or chemical composition of a hazardous substance to render it non-hazardous. SECTION 3. CLEANUP REQUIRED. Wherever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or substance, so that the hazardous waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any water, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the in the preceding section, as rapidly as feasible to an acceptable safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting on a deadline for accomplishing the cleanup or that the City will proceed to procure cleanup services and setting forth a reasonable estimate of the costs of cleanup and bill the responsible person for all costs associated with the cleanup, including but not limited to equipment rendered unserviceable; personnel costs, including overtime; disposal costs, and any other costs associated therewith. If the bill for those services is not paid within thirty (30) days, the City of Alburnett may proceed after service of notice, either by certified mail or on publication in the local newspaper and hearing before the City Council, to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any state of federal funds available for said cleanup. SECTION 4. NOTIFICATIONS. The first City Officer or employee, who arrives at the scene of an incident involving hazardous substances, if not a Peace Officer, shall notify the Linn County Sheriff which shall notify the proper State Office in the manner established by the state. SECTION 5. LOCAL AUTHORITY. If the circumstances reasonably so require, the Mayor or his representative, or the Alburnett Fire Chief, may: (a) Evacuate persons, even from their homes, to areas away from the site of a hazardous condition, and (b) Establish perimeters or other boundaries at or near the site of a hazardous condition beyond which no person shall cross. No person shall disobey an order issued under this section. SECTION 6. CITY LIABILITY. The City of Alburnett, Iowa, shall not be liable for any losses occurring due to any hazardous condition created which may be claimed by any person, firm, or corporation. SECTION 7. PENALTY. That any person, firm, or corporation violating any provision, section, or paragraph of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than $100.00 or be imprisoned for not more than 30 days. That each day a violation occurs shall constitute a separate offense.
NUISANCE ABATEMENT PROCEDURE SECTION 1. DEFINITION OF NUISANCE. Whatever is injurious to health, indecent or unreasonable offensive to the senses, or an obstruction to the free use of property so, as essentially to interfere unreasonable with the conformable enjoyment of life or property is a nuisance. (Code of Iowa, Sec. 657.1) SECTION 2. NUISANCES ENUMERATED. The following subsections include, but do not limit, the conditions which are deemed to be nuisances in the City: (Code of Iowa, Sec. 657.2) 1. Offensive Smells. Erecting, continuing or using any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. 2. Filth or Noisome Substance. Causing or suffering any offal, filth or noisome substance to be collected or to remain in nay place to the prejudice or others.
3. Impeding Passage of Navigable River. Obstruction or impeding without legal authority the passage of any navigable river, harbor or collection of water.
4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course of state, to the injury or prejudice of others
5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places or burying grounds.
6. Storing Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction.
7. Air Pollution. Emissions of dense smoke, noxious fumes or fly ash.
8. Weeds, Brush. Dense growth of all weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard. (See also Chapter 11)
9. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa in violation of law, or houses where drunkenness, quarreling, fighting or breaches or the peace are carried on or permitted to the disturbance of others.
SECTION 3. OTHER CONDITIONS. The following chapters of this Code of Ordinances contain regulations prohibiting or restriction other conditions, which are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 10) 2. Dangerous Buildings (See Chapter 30) 3. Weeds (See Chapter 11) 4. Storage and Disposal of Solid Waste (See Chapter13) 5. Property Maintenance (See Chapter 29)
SECTION 4. NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State Law.
(Code of Iowa, Sec. 657.3) SECTION 5. NUISANCE ABATEMENT. Whenever the Mayor, or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice. (Code of Iowa, Sec. 364.12[h])
SECTION 6. NOTICE TO ABATE: CONTENTS. The notice to abate shall contain: (Code of Iowa, Sec. 364.12 [3h])
1. Description of Nuisance. A description of what constitutes the nuisance.
2. Location of Nuisance. The location of the nuisance.
3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
4. Reasonable Time. A reasonable time within which to complete the abatement.
5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
SECTION 7. METHOD OF SERVICE. The notice may be in the form of an ordinance, by personal service, or sent by certified mail to the property owner.
(Code of Iowa, Sec. 364.12[3h]) SECTION 8. REQUEST FOR HEARING. Any person ordered to abate a nuisance may have a hearing with the Mayor as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Mayor within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. At the conclusion of the hearing, the Mayor shall render a written decision as to whether a nuisance exists. If the Mayor finds that a nuisance exists, he or she must order it abated within an additional time, which is reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances. SECTION 9. ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice. The City shall assess he costs as provided in this Chapter, Section 11 after notice to the property owner under the applicable provisions of this Chapter, Section 5, 6, and 7 and hearing s provided in this Chapter, Section 8. (Code of Iowa, Sec. 364.12[3h]) SECTION 10. ABATEMENT BY CITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expense on behalf of the City. The person issuing the order to abate a nuisance may enter into any building or place for the purpose of entering into property to remove or abate any nuisance. (Code of Iowa, Sec. 364.12[3h]) SECTION 11. COLLECTION OF COSTS. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one (1) month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes. (Code of Iowa, Sec. 364.12 [3h]) SECTION 12. INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law. (Code of Iowa, Sec. 364.13) SECTION 13. FAILURE TO ABATE. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinance. EDITOR’S NOTE A suggested form of notice for the abatement of nuisance is included in the appendix of this Code of Ordinance. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with the abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.
PUBLIC OFFENSES
SECTION 1. VIOLATIONS OF ORDINANCE. Committing any of these acts by any person, persons, firm, corporation or partnership, or association of any kind, will constitute a violation of this ordinance:
1. DISTURBANCE OF PEACE. To make or excite any disturbance in a tavern, store or grocery, or at any election or public meeting, or other place where citizens are peaceably and lawfully assembled.
2. FIGHTING. For two or more persons voluntarily or by agreement to engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place, to the disturbance of others.
3. ASSAULT AND BATTERY. To apply, or to threaten or attempt to apply, an unlawful and un-permitted physical force to the person of another, in a rude and insolent manner, or with the intent to do physical harm, with the apparent ability to execute any attempt or threat.
4. UNLAWFUL ASSEMBLY OR RIOT. For three or more persons in a violent or tumultuous manner to assemble together to do an unlawful act or, when together, to commit or attempt to commit an act, whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the disturbance of others.
5. DISTURBING CONGREGATIONS OR OTHER ASSEMBLIES. Willfully to disturb any assembly of persons met for religious worship by profane discourse or rude and indecent behavior, or to make noise, either within the place of worship or so near as to disturb or interrupt any school, school meeting, literary society or other lawful assembly of persons.
6. NOISE. To disturb the peace by excessive, loud or unusual noise, by blowing horns or ringing bells, or by the use of sirens, radios or any type of speaking devices or noise makers.
7. MUFFLERS. To operate or drive a motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, or to use a muffler cutout, by-pass or similar device. 8. INDECENT EXPOSURE. Designedly to expose oneself or the person of another, in a grossly open and indecent or obscene manner, to public view in a state of nudity or lewdness, or in indecent or lewd dress.
9. KEEPING A HOUSE OF ILL FAME. For the owner, agent of the owner, lesser, lessee or one in charge of property, knowingly to permit or allow a hotel, house, apartment, building, room, tent, or other place to be used for prostitution and lewdness.
10. INMATES OF HOUSE OF ILL FAME. To use, occupy or inhabit a house of ill fame, bawdy house, or disorderly house for the purpose of prostitution or lewdness.
11. FREQUENTING HOUSE OF ILL FAME. To frequent a house of ill fame, bawdy house or disorderly house, or to be found therein without lawful reason.
12. SOLICITING. To ask, request or solicit another to have carnal knowledge with any male or female for a consideration or otherwise, or to transport others to or from a bawdy house, disorderly house or house of ill fame, knowing the character or reputation of such places.
13. GAMING, BETTING, STAKING AND BOOKING. To play at any game for any sum of money or other property of any value, or to make any bet or wager for money or other property of value, or to record or register bets or wagers or sell pools on the result of any trial or contest of skill, speed or power of endurance of a man or beast, or on the result of any political nomination or election, or to receive as custodian or depository, for hire or reward, money, property, or thing of value staked, wagered or bet on the above results, except as allowed by State Law.
14. KEEPING GAMBLING HOUSE. To keep a house, shop or place resorted to for the purpose of gambling, or knowingly to permit or suffer any person in any house, shop or other place under the perimeter’s control or care, to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other things of value, except as allowed by State Law.
15. POSSESSION OF GAMBLING DEVICE. Intentionally to have, keep or hold in possession or control, except under proceedings to destroy the same, any roulette wheel, klondyke table, poker table, punch board, faro or keno layouts or any other machines or equipment used for gambling, or any slot machine or device with an element of chance attending such operation, except as allowed by State Law.
16. LOTTERIES AND LOTTERY TICKETS. To make or aid in making or establishing, or to advertise or make public any scheme for any lottery; or to advertise, offer for sale, sell, negotiate, dispose of, purchase or receive any ticket or part of a ticket or number thereof in any lottery; or to have in one's possession any ticket, part of any ticket or paper purporting to be the number of any ticket of any lottery with intent to sell or dispose of the same on his own account or as the agent of another, except as allowed by State Law.
17. ILLEGAL KEEPING OF INTOXICANTS. To operate or conduct or allow to be operated, a place where intoxicating liquor is illegally kept, sold, or given away.
18. ILLEGAL LIQUOR CONSUMPTION OR INTOXICATION. To use or consume any alcoholic liquor or to be intoxicated on a public street or highway or in any public place.
19. GIVING OF SELLING INTOXICANTS TO MINORS. To sell, give or otherwise supply alcoholic liquor to any person under the legal age as established by State Law, or knowingly to permit any person under that age to consume alcoholic liquors except in the case of alcoholic liq |
