CHAPTER 1

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

CHAPTER 2

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.

CHAPTER 3

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.

Ordinance No. 04/2009
 
AN ORDINANCE RELATING TO MUNICIPAL INFRACTIONS AND PROVIDING THE PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALBURNETT, IOWA:
 
Section 1. Chapter 3, Section 22 of the Code of Ordinances is amended by deleting subparagraph “(b)” and inserting in lieu thereof the following:

(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 - $750.00
- 2nd and subsequent Offenses - $1,000.00
 
Section 2. This Ordinance shall be in full force and effect from and after its passage and publication as by law provided.
 
Passed by the City Council of the City of Alburnett, Iowa this _9th__ day of ___June___, 2009, and approved this ___9th___ day of ___June______, 2009 by the Mayor of the City of Alburnett, Iowa.
 
David Boesenberg, Mayor
 
ATTEST:

Amber M. Franklin, City Clerk

CHAPTER 4

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.

CHAPTER 5

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, ust be present at a City Council meeting to present an application for a beer or liquor license and renewal thereof.

CHAPTER 6

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 7

HAZARDOUS 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.

CHAPTER 8

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.

CHAPTER 9

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 liquor given or dispensed to a person under said age by a parent or guardian for beverage or medicinal purposes or as administered to him by a physician or dentist for medical purposes.

20. FRAUDS UPON HOTEL KEEPERS. To obtain food, lodging or other accommodation at any hotel, inn or boarding or eating house with the intent to defraud the owner or keeper.

21. CRUELTY TO ANIMALS. To be cruel to any animal by depriving it of necessary sustenance or protection, or by abandoning, beating, tormenting, maiming, disfiguring or overworking it, or by committing any other action or omission by which unjustifiable pain, distress, suffering, or death is caused, or knowingly permitted to any animal or animals, or by procurement of any of the above acts or omissions whether the acts or omissions are committed maliciously, willfully or negligently.

22. ANIMALS RUNNING AT LARGE. To allow cattle, horses, swine, sheep or other similar animals or domestic fowl to run at large within the City.

23. BOTHERSOME ANIMALS. To keep within the City such bothersome animals as barking dogs, bees, cattle, horses, swine and sheep which tend to disrupt peace and good order of the community.

24. VICIOUS ANIMALS. To keep or harbor any vicious animal of any kind within the City.

25. BULLFIGHTS AND OTHER CONTESTS. To keep or sue, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, dog, cock or other creature, or to engage in, aid, abet, encourage or assist in any bull, dog, or cock fight, or fight between any other creatures.

26. REMOVAL OF SAFEGUARDS OR DANGER SIGNALS. Willfully to remove, throw down, destroy, extinguish or carry away any light, obstruction, guard or other similar article or thing erected or placed on any highway, street, alley, avenue or bridge for the purpose of guarding or enclosing unsafe or dangerous places without the consent of the person in control of that safeguard or danger signal.

27. OBSTRUCTING, DEFACING OR INJURING STREETS. Willfully to obstruct the free passage of or injure or deface public streets, highways or alleys by digging or breaking or by placing objects in such streets highways and alleys without permission from the Mayor of said City.

28. OBSTRUCTING SIDEWALKS. Willfully to obstruct the free passage of or injure or deface sidewalks by digging or breaking or placing objects on such sidewalk without permission from the Mayor of said City.

29. REMOVAL OF HYDRANT CAPS, SEWER CAPS OR MANHOLE COVERS. To remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.

30. UNCOVERED HAZARDS. To create or allow to exist without adequate safeguards, any uncovered hazard such as open cellar doors, open cesspools, open wells, holes in sidewalks or open excavations of any kind.

31. GIVING FALSE FIRE ALARM. To give or cause to be given any false alarm of a fire without cause.

32. RESISTING ARREST OR EXECUTION OF PROCESS. Willfully and knowingly to resist or aid in resisting any policeman, officer, City official or person in the discharge of his duty in making a lawful arrest or in serving or attempting to serve a legal writ, rule, order or process.

33. INTERFERENCE WITH CITY OFFICERS. To interfere with or hinder any policeman, fireman, officer or City hall official in the discharge of his duty.

34. ASSISTING AN OFFICER. When lawfully required, willfully to neglect or refuse to assist any sheriff, deputy sheriff, coroner, constable, marshal or other officer in the execution of his office in any criminal case, or in any case of escape or rescue.

35. IMPERSONATING OFFICERS. Falsely and without lawful authority to claim or represent to be a policeman, officer or City official, or to exercise or attempt to exercise without lawful authority any of the duties, functions or powers of a policeman, officer or City official.

36. BARB WIRE. To use barb-wire to enclose land within the City limits without the consent of the City Council.

37. GLASS, TACKS, NAILS, ETC. ON STREETS AND SIDEWALKS. To throw or deposit on any street, highway, alley, sidewalk or public or private property any glass bottle, glass, tacks, nails, wire, cans, trash, garbage, rubbish, litter, offal or any other debris, or any other substance likely to injure any person, animal or vehicle, or likely to engender offensive odors and sights.

38. ANTENNA AND RADIO WIRES. To allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property.

39. SALE OF TAINTED FOOD. To sell or offer for sale, any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods or other articles of food; or to sell or offer for sale the flesh of any animal that was diseased.

40. SPITTING IN FOOD ESTABLISHMENTS. To expectorate within any food establishment except into cuspidors.

41. DISCHARGING FIREARMS. To discharge rifles, shotguns, revolvers, pistols, guns, bb guns, slingshots or firearms of any kind within the City limits, except by authorization of the City Council.

42. FIREWORKS. To explode or use any fireworks within the City, except blank cartridges for a show, theater or sporting event, or by railroads or trucks for signal purposes, or by a recognized military organization, without having obtained a permit from the City Council for a competent operator to control such use.

43. STENCH BOMBS. To throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about any theater, restaurant, car, structure, place of business or amusement or any place of public assemblage, or to attempt to do any of these acts, or to prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, prison officials or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists, and other similar persons licensed under the laws of this state; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.

44. CARRYING CONCEALED WEAPONS. To carry a dirk, dagger, sword, pistol, revolver, stiletto, metallic knuckles, pocket billy, sandbag, skull cracker or other offensive or dangerous weapon, except hunting knives adapted and carried as such, concealed either on or about the person, except in one's own dwelling, place of business or on other land possessed by him or when permitted by the sheriff of the county or state commissioner of public safety.

45. THROWING AND SHOOTING. To throw stones or missiles of any kind or to shoot arrows, rubber guns, sling shots, air rifles or other dangerous instruments or toys on or into any street, highway, alley sidewalk or public place.

46. REFRIGERATORS AND ICE BOXES. To place, or to allow to be placed, any discarded, abandoned, unattended or used refrigerator, ice box, or similar container equipped with an air-tight door or lid, snap locks or other locking device which cannot be released from the inside, in a location accessible to children, either outside any building, dwelling or other structure under his or their control, without first having removed the door, lid or locking device. This provision applies equally to the owner of any such refrigerator, ice box or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.

47. DEFACING PUBLIC GROUNDS. To damage or destroy any tree, shrub or lawn in a public park or on a public street by willfully defacing, cutting, breaking or injuring, except by authority of the Mayor of said City.

48. INJURING NEW PAVEMENT. Willfully to injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use.

49. DRAGGING ON STREETS. Willfully to injure any street by driving, propelling or dragging any vehicle having cleats, lugs, or other non-slipping devices attached to its wheels on such street, or by dragging any heavy object on or across any street in a manner injurious to such street.

50. DESTROYING PARK EQUIPMENT. To destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.

51. DEFACING LIBRARY PROPERTY. Willfully, maliciously or wantonly to injure in whole, or in part, any newspaper, periodical, book, map pamphlet, chart, picture or other property belonging to any public library or reading room by willfully tearing, defacing, mutilating or destroying.

52. DEFACING NOTICES. To damage or destroy any public notice, advertisement or proclamation set up by authority of law, or by order of any court, by intentionally defacing, obliterating or tearing down such notice, advertisement or proclamation in whole or in part, during the time for which the same is to remain set up.

53. INJURY TO FIRE APPARATUS. Willfully to destroy or injure fire hose or other fire apparatus.

54. DESTROYING STREET LIGHTING, TELEPHONE OR CABLE TELEVISION EQUIPMENT. Maliciously to damage or destroy street lamps, insulators or other street lighting apparatus or telephone or cable television systems by breaking, defacing, burning, mutilating or cutting, or by throwing or shooting any missile at such apparatus or system.

55. TAMPERING WITH GAS, WATER AND LIGHT METERS OR CONDUITS. To tamper with any gas, water or light meter or willfully to injure or destroy any gas or water pipe or main.

56. TAPPING ON GAS, WATER, TELEPHONE, CABLE TELEVISION OR ELECTRIC SYSTEMS. Willfully to tap on to any gas line, water main or telephone, cable television or electric system without permission from the person in charge of such line, main or system.

57. INJURING PROPERTY. Willfully to injure or destroy any railing, fence, tree, shrubbery, building or other property on any private property without the consent of the owner.

58. TRAINS BLOCKING STREETS. For any railway company, or employee of such railway company, conducting or in charge of any train, part of train or engine, to leave the same standing across any street or highway within the corporate limits of the City of Alburnett, Iowa, in such a manner as to obstruct or impede travel on said streets or highways to exceed five minutes at any one time.

59. THROWING AND SHOOTING. It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground or public building, without written consent of the City Council.
(Code of Iowa, Section 364.12 [2]).

CHAPTER 10

JUNK AND JUNK VEHICLES

SECTION 1. DEFINITIONS. For use in this chapter, the following terms are defined:

1. “Driveway” means an established hard surface or crushed rock base portion of a residential lot leading from the street to an existing garage or to the side of the house if there is no garage and does not include any area of a grassed yard.

2. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.

3. The term “junk” or “junk vehicle” means any vehicle within the corporate limits of the City which has any one or more of the following characteristics:

A. Any vehicle with a broken or cracked windshield, or window or headlight, or any other cracked or broken glass, unless in storage with the county treasurer and stored indoors or covered with a tarp.

B. Any vehicle with a broken or loose: fender or door or bumper or hood, or door handle or window handle or running board, steering wheel, truck top or trunk handle or radio aerial or tail pipe, unless in storage with the county treasurer and stored indoors or covered with a tarp.

C. Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.

D. Any inoperable vehicle which contains gasoline or any other flammable fuel. Inoperable means a vehicle that cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.

E. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts, which render said motor vehicle totally inoperable, unless in storage with the county treasurer and stored indoors or covered with a tarp.

F. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

G. Is not licensed, unless in storage with the county treasurer and stored indoors or covered with a tarp.

4. “Vehicle” means every 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 includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

SECTION 2. JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

SECTION 3. JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 4, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.

(Code of Iowa, Sec. 364.12[3a])

SECTION 4. EXCEPTIONS. The provisions of this chapter do not apply to:

1. Structure. Any junk or a junk vehicle stored within a garage or other enclosed structure.

2. Business Enterprise. A business enterprise lawfully involved in the repair, maintenance, sales or salvage of vehicles provided they comply with the requirements for location, screening and storage as prescribed by the zoning regulations.

3. Vehicle Repair. A vehicle under active repair parked upon the driveway of a residentially zoned property not having a garage, provided the owner has notified the Police Department in writing of the owner’s intent to actively repair the vehicle and the repairs are completed within thirty (30) days of the notification.

SECTION 5. NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property in violation of Section 3, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 8 of this Code of Ordinances.

(Code of Iowa, Sec. 364.12[3a])

SECTION 6. PARKING UNLICENSED VEHICLES. Unless excepted under the provisions of Section 4, no owner of real estate, person in possession of real estate or owner of a vehicle shall allow an unlicensed vehicle to be parked or stored in the required front, back or side yard in any zoning district. All such vehicles must be parked upon an established driveway or parking space on such property. No more than one such vehicle shall be parked upon any property at any one time.

CHAPTER 11

WEEDS

SECTION 1. PURPOSE. The purpose of this chapter is to designate responsibility for the removal of weeds and cutting of grasses within the City, to define the same as nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of the City.

SECTION 2. DEFINITIONS. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein.

1. “Chemical control” means the application of a herbicide (weed killer) in strict accordance with the directions on the product and the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto that may be adopted.

2. “Conservation area” means an area that is planted with ground cover plants of a size and texture compatible with the environment and maintained accordingly.

3. “Developed lot or area” means an improved or commercial lot.

4. “Ground cover” means plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion.

5. “Natural area” means an area allowed to retain native plant material in a natural state and municipal water ways, water detention and retention basins wherein plant materials help to maintain soil conservation and/or prevent erosion.

6. “Noxious weeds” means primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the State Secretary of Agriculture.

7. “Parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and curb line; on unpaved streets, the parking is that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic.

8. “Right-of-way” means the entire width of a platted street or alley in use or undeveloped.

9. “Soil erosion control” means a method of planting and cultivation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or manmade causes.

10. “Undeveloped lot or area” means an unimproved lot or area.

11. “Unmowed or untended area” means an area allowed to grow without care and supervision, where weeds and grasses are more than the allowed height.

12. “Weed Official” means the person designated by the Mayor to enforce this chapter.

13. “Weeds” means any plants growing uncultivated and out of context with the surrounding plant life when such plant has a seed head formed or forming and with a height of eight (8) inches or more, except as otherwise provided in this chapter.

SECTION 3. AUTHORITY FOR ENFORCEMENT. The Mayor or person designated by the Mayor is responsible for the enforcement of this chapter and shall have all the necessary authority to carry out the enforcement of this chapter. Said designee shall be known as the Weed Official.

SECTION 4. INTERFERENCE WITH WEED OFFICIAL. No persons shall interfere with the Weed Official or any appointed assistant while engaged in the enforcement of this chapter.

SECTION 5. NUISANCES. Except as provided elsewhere in this chapter, the following provisions shall apply:

1. Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Weed Official, all noxious weeds thereon and shall keep said lands free of such growth.

2. Each owner and each person in possession or control of any property shall be responsible to keep said lot, along with parking adjacent thereto, alleys, public ways or areas up to the centerline of said ways free of any noxious weeds and to keep grasses and weeds on said lot mowed so that grass and weeds are less than 8 inches in height. However, grass and weeds located on undeveloped and un-platted property located more than 100 feet from developed or platted property shall be mowed so that grass and weeds are less than 18 inches in height.

3. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrian or vehicular traffic upon any public place or way.

4. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than 18 inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of creek bank free of any weeds or grasses more than 18 inches in height.

5. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within 150 feet of a building, structure, recreation area (not including the width of any intervening street) or within 125 feet of a street right-of-way.

SECTION 6. NATURAL AREAS.

1. Designation. The Weed Official, upon application of the owner or person in possession or control of any lot, may designate such lot or portion thereof or any adjacent undeveloped public way as a natural or conservation area. Pior to designating such area, the Weed Official shall consider the following factors: grade or incline of said tract, the difficulty to control or maintain said tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the City Manager.

2. Natural or Conservation Areas. Natural or conservation areas need not be mowed and shall be left in their natural state, except that noxious weeds shall be removed or controlled.

3. Public Ways. Sidewalks or other public ways that lie adjacent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic.

SECTION 7. ENFORCEMENT. It shall be the duty of the Weed Official to inspect all areas of complaint and in the case of a legitimate complaint to notify the last known owner or person in possession (or control) of the area of violation of this chapter. Said notice shall be by certified mail and allow five (5) days after mailing said notice as a period of time to eliminate said violations. Return receipt with signature is not required for said notice. The Weed Official shall charge an administrative fee in the amount of twenty-five dollars ($25.00) for each legitimate complaint. Upon failure of the owner or person in possession or control to act within the prescribed five-day time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event such action is taken, the Weed Official may obtain competitive quotes to have the required action performed. If no quotes are obtained, the City may have the City personnel perform the required action at rates which shall be established by resolution of the Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In addition to the foregoing remedy and other remedies by law, the Weed Official may file misdemeanor charges against such individuals.

SECTION 8. EMERGENCY CONTROL MEASURES. Notwithstanding any other provisions of this chapter, whenever in the judgment of the Weed Official or the Fire Chief an emergency exists creating a health, safety or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as 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 Council.

SECTION 9. CONTROL OF WEEDS OR OTHER VEGETATION. The Clerk shall annually on or before June 1 each year and August 1 of each year publish a Notice to Property Owners generally setting forth the duty to control weeds and other vegetation which might be a nuisance in violation of this Code of Ordinances. The Weed Official or the City Manager may cause a Notice to Abate Nuisance to be served upon any property owner who fails to comply with the published notice or any person who at any other time has weeds or other vegetation in violation of this Code of Ordinances and shall submit the cost to the Council for assessment as provided in Section 364.12 of the Code of Iowa. In the event of an emergency as set forth in Section 364.12, the notice requirement may be dispensed with. In abating a nuisance under this Code of Ordinances, the City Manager or Weed Official is hereby authorized and directed to employ such persons and rent any and all equipment necessary for the abatement of the nuisance and the costs thereof shall be assessed.

SECTION 10. HABITUAL VIOLATORS. If the owner or person in control of any land has previously received a notice to abate nuisance relating to weeds within the preceding 24 months, then, the notice to abate nuisance may include notice that such owner or person in control of said property will be considered to be an habitual violator of this chapter and that if the nuisance is not abated within the allowed time, the City will consider the property to be subject to having a contract let by the City for mowing property as needed up to a weekly basis for the next following 24-month period of time and that the full cost of said contract together with an administrative fee of two hundred fifty dollars ($250.00) will be assessed against the property.

CHAPTER 12

GARBAGE AND REFUGE COLLECTION

SECTION 1. DEFINITIONS. For use within this ordinance, the following terms are defined:

"Person" includes any individual, firm, corporation, trust, and other organized group, or any government.

"Refuse" includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community, except dead animals not killed for food.

"Garbage" includes all animal, fruit, vegetable and other refuse resulting from the preparation of food and drink.

"Rubbish" includes all other refuse not falling within the term "Garage" except those objects too large to be placed in cans.

"Cans" means a container for the storage of garbage or rubbish which is (1) provided with a handle and tight- fitting cover, (2) water tight, (3) substantially made of galvanized iron or other non-rusting material, and (4) of a size that may be conveniently handled by the collector.

"Yard Waste" means debris such as grass clippings, leaves, garden waste, brush, and trees. Yard waste does not include tree stumps.

SECTION 2. DUTY TO PROVIDE CANS. Each person shall provide cans for the storage of garbage and cans, or other container, for rubbish accumulating on premises owned or occupied by him. Such cans shall be kept covered and reasonably clean at all times. They shall be placed in a position readily accessible to the collector outside of dwellings but not in alleys or streets.

SECTION 3. ACCUMULATION AND DEPOSIT OF REFUSE PROHIBITED.

No person shall permit garbage to accumulate upon premises owned or occupied by him unless in cans. Nor shall he deposit refuse upon any other premises in the City of Alburnett.

SECTION 4. STORAGE. All garbage must be drained and that accumulating from dwellings must be wrapped in paper and placed in a can used only for garbage. All rubbish shall be placed in a separate can or other container.

SECTION 5. COLLECTION. All garbage must be taken from dwellings at least once each week and from business establishments as frequently as the Council may require.

SECTION 6. OPTIONAL MEANS OF COLLECTION. It is optional whether the City of Alburnett:

1. Collects garbage and rubbish with its own equipment and employees, or
2. Makes a contract with a person to collect garbage and rubbish, or
3. Issues a permit to a person to collect garbage and rubbish.

The Council, by resolution, elects the method or methods to be used in the collection of garbage and rubbish.

If the City of Alburnett, by its Council, elects to own the equipment or to contract for the collection of garbage and rubbish, it defrays this cost as provided by state law.

If the City of Alburnett, by its Council, elects to permit the collection of garbage and rubbish other than by contract, the Council may issue permits to applicants upon request. Each permit shall expire in one year from the date of issuance.

The Council may establish regulations necessary to protect the public health, which each permit holder must obey. Upon the holder's failure to comply with the rules established or the provisions of this ordinance, the Council may revoke the permit.

SECTION 7. NECESSITY OF PERMIT. No person shall collect garbage or rubbish, except his own, unless authorized by contract or permit. Cost of an annual permit shall be Ten Dollars ($10.00).

SECTION 8. REFUSE OTHER THAN GARBAGE AND RUBBISH. Each person shall dispose of all refuse, other than garbage and rubbish, accumulating on any premises he owns, or occupies, before it becomes a nuisance. If it does become a nuisance, the local board of health will deal with it as provided in the Iowa Code.

SECTION 9. SEPARATION OF YARD WASTES REQUIRED. All yard wastes shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be composted on the premises or placed in specified container(s) for collection and or final disposal at a permitted sanitary landfill or other approved disposal facility.

CHAPTER 13

SOLID WASTE CONTROL

SECTION 1. PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control is to provide for the sanitary storage, collection and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may results from the uncontrolled disposal of solid waste.

SECTION 2. DEFINITIONS. For use in these chapters the following terms are defined:

1. ”Collector” means any person authorized to gather solid waste from public and private places.

2. “Director” means the director of the State Department of Natural Resources or any designee.

(Code of Iowa, Sec. 455B.101[2b])

3. “Discard” means to place, cause to be placed, throw, deposit or drop.

(Code of Iowa, Sec. 455B.361[2])

4. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

5. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.

(IAC, 567-100.2)

6. “Landscape waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

(IAC, 567-20.2[455B])

7. ”Litter” means any garbage, rubbish, trash, refuse, wage materials or debris.

(Code of Iowa, Sec. 455B.361[1])

8. “Owner” means, in addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

9. “Refuse” means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.

(IAC, 567-100.2)

10. “Residential premises” means a single-family dwelling and any multiple-family dwelling.

11. “Residential waste” means any refuse generated on the premises as a result of residential activities. The Term includes landscape waste grown on the premise or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics.

(IAC, 567-20.2[455B])

12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, grass, bedding, crockery or litter of any kind.

(IAC, 567-100.2)

13. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

(IAC, 567-100.2)

14. “Sanitary disposal project” means all facilities an appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid wage without creating a significant hazard to the public health or safety, and which are approved by t he Director.

(Code of Iowa, Sec 455B.301)

15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to a such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa.

(Code of Iowa, Sec. 455B.301)

SECTION 3. SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 9 or by initiating proper action in district court.

(Code of Iowa, Ch. 657)

SECTION 4. HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacate, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.

This next section is the new part of the ordinance.

Ordinance No. A13-01/2007

Outdoor and Open Burning Ordinance for the City of Alburnett, Iowa.

SECTION 5. AMENDMENT.

1.00 Amendment.

Chapter 13, sections 5, 6, 7 and 8 of the Alburnett City Code are hereby repealed, and a new section 5 of Chapter 13 is hereby added as follows:

A: PURPOSE

1.00 Purpose.

This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Alburnett due to the air pollution and fire hazards of open burning and outdoor burning.

B: APPLICABILITY

1.00 Applicability.

This ordinance applies to all outdoor burning and open burning within the City of Alburnett.

a. This ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

b. This ordinance does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

c. This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

C: SEVERABILITY

1.00 Severability.

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

D: DEFINITIONS

1.00 Definitions.

a. “Campfire” means a small outdoor fire not to exceed three feet (3 FT) in diameter by three feet (3 FT) in height intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

b. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

c. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.

d. “Fire Chief” means the Chief of the City of Alburnett Fire Department or other person designated by the Fire Chief.

e. “Municipality” means a county, township, city, or village.

f. “Outdoor burning” means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.

g. “Open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel or other device intended to burn refuse.

h. “Outdoor wood-fired boiler” means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.

i. “Patio wood-burning unit” means a chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

j. “Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

E: GENERAL PROHIBITION ON OPEN BURNING, OUTDOOR BURNING, AND REFUSE BURNING

1.00 General prohibition on outdoor burning and open burning.

Open burning and outdoor burning are prohibited in the City of Alburnett unless the burning is specifically permitted by this ordinance.

F: OPEN BURNING OF REFUSE

1.00 Open burning of refuse.

a. Open burning of refuse from a commercial or industrial establishment is prohibited.

b. Open burning of refuse from a single or multi family dwelling is prohibited including but not limited to the following:

1. Construction and demolition waste.

2. Hazardous substances including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents.

3. Furniture and appliances.

4. Tires.

5. Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

6. Newspaper.

7. Corrugated cardboard, container board, office paper.

8. Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

G: OPEN BURNING OF TREES, LOGS, BRUSH, STUMPS, LEAVES, AND GRASS CLIPPINGS

1.00 Burning trees, logs, brush, stumps, leaves, and grass clippings.

a. Open burning of leaves and grass clippings is prohibited.

b. Open burning of trees, logs, brush, and stumps is allowed only in accordance with all of the following provisions

1. Except for campfires and patio wood burners, a permit issued in accordance with Section “K” of this ordinance must be obtained prior to open burning under this Section.

2. Open burning of trees, logs, brush, and stumps must be conducted at least 660 feet (1/8 mile) from an incorporated city or village limit.

3. Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when a burning ban has been issued by state or local authorities applicable to the area.

4. All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.

5. Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed.

6. Open burning under this section shall only be conducted at a location at least 25 feet from the nearest building which is not on the same property for small campfires and 50 feet from the nearest building which is not on the same property for all other fires.

7. Except for campfires and patio wood burners, open burning shall only be conducted between the hours of 7:00 AM and 9:00 PM.

8. Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.

9. No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream, or water body.

10. Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.

H: AGRICULTURAL BURNING

1.00 Agricultural burning.

Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this ordinance including but not limited to obtaining a permit issued in accordance with section “K”.

I: PATIO WOOD-BURNING UNITS

1.00 Patio wood-burning units.

A patio wood-burning unit may be installed and used in the City of Alburnett only in accordance with all of the following provisions:

a. The patio wood-burning unit shall not be used to burn refuse.

b. The patio wood-burning unit shall burn only clean wood.

c. The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood burning unit.

d. The patio wood-burning unit shall not cause a nuisance to neighbors.

J: FIRE SUPPRESSION TRAINING

1.00 Fire suppression training.

Notwithstanding sections 7 and 8 of this ordinance, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions.

a. The burn must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.

b. Any standing structure that will be used in a fire suppression training requires the proper permits to be obtained through the State of Iowa and County of Linn, Iowa.

c. All asbestos must be removed prior to conducting the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building, all asbestos must be removed by a licensed abatement contractor.

d. At least seven days before a planned practice burn, residents within 2,000 feet of the site of the proposed burn shall be notified.

e. All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).

K: BURNING PERMITS

1.00 Burning Permits.

a. No person shall start or maintain any outdoor burning or open burning covered under this section without a burning permit issued by the County of Linn, Iowa Department of Public Health.

b. Any violation of the conditions of the burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance or the burning permit shall void the permit.

L: LIABILITY

1.00 Liability.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

M: RIGHT OF ENTRY AND INSPECTION

1.00 Right of entry and inspection.

The Fire Chief, Linn County Sheriff’s Department or any authorized officer, agent, employee or representative of the City of Alburnett who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.

N: ENFORCEMENT AND PENALTIES

1.00 Enforcement and penalties.

a. The Fire Chief, Linn County Sheriff’s Department or any officer, agent, employee or representative of the City of Alburnett who presents credentials are authorized to enforce the provisions of this ordinance.

b. Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Iowa Statute which shall be punishable by civil fine determined in accordance with the following schedule:

First violation within 24 month period……..$50.00
Second violation within 24 month period….$100.00

Third and subsequent violations will be filed with the appropriate district court in and for the state of Iowa and charged as a simple misdemeanor and, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed thirty days.

c. The violator shall pay costs which may include all expenses, direct and indirect, which the City of Alburnett has incurred in connection with the municipal infraction. In no case, however, shall costs of less than $10.00 nor more than $500.00 be ordered. In addition, the City of Alburnett shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.

Old Section:

SECTION 5. APPROVED BURNERS AND INCINERATORS/BURNING HOURS

(1) A rubbish burner must be a metal container, with a cover, or wire mesh for cover, with vent holes not to exceed one (1) inch in size.

(2) Wire baskets will not be permitted.

(3) An approved incinerator must be made of metal or other noncombustible material, with smokestack and spark arrester.

SECTION 6. BURNING HOURS.

(1) Burning is allowed only between the hours of 7:00 o’clock A.M. and 9:00 o’clock P.M.

SECTION 7. LOCATION OF BURNERS OR INCINERATORS.

(1) No burner or incinerator shall be placed within 15 feet of any building, unless specifically approved by the Fire Chief.

SECTION 8. OTHER FIRE REGULATIONS.

(1) No person shall burn material such as vegetable, animal, or fruit matter even in an approved container. Material of this nature may be burned in an electric or natural gas-fired incinerator of an approved type.

(2) No person shall burn combustible material of any type in an open fire or bonfire unless it is 25 feet away from any structure and unless such person is of mature age, or judgment, and remains in constant attendance while such fire is burning. The fire must be of limited size as to allow the person in charge to have complete control over it, and remain in constant attendance until such fire is extinguished. Attendant must have a garden hose immediately available, at the site of the fire, and already connected to a water source.

(3) No person shall burn leaves, weed, grass, rubbish, brush, or other debris in any place or in such quantities as to endanger surrounding property. No person shall ignite the materials as mentioned herein when wind is of a velocity to carry burning embers beyond the control of such person or persons in attendance.

(4) No person shall burn trees of any size. Trees shall be disposed of at designated areas named by City Officials.

(5) No person shall kindle any fire in or upon any paved street or public way except in an approved burner or incinerator maintained for that purpose.

(6) No person shall kindle or maintain any bonfire or furnish materials for such fire or authorize any such fire to be kindled or maintained or burn any rubbish within the city limits

(7) No person shall deposit ashes, smoldering coals, embers, greasy or oily substances or other matters liable to create spontaneous ignition within fifteen (15) feet of any wooden or plastered wall, partition, fence, floor, sidewalk, lumber, hay, shavings, rubbish, or other combustible materials.

SECTION 9. LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that noting in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicles shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the littler.

(Code of Iowa, Sec. 455B.363)

SECTION 10. OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the director, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director.

(Code of Iowa, Sec. 455B.307 and IAC, 567-100.2)

SECTION 11. TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director. As used in this section, “toxic and hazardous waste” means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

(IAC, 567-100.2)

(IAC, 567-102.14[2] and 400.27.14[2])

SECTION 12. WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

1. Container Specifications. Waste storage containers shall comply with the following specifications:

A. Residential. Residential waste containers, whether they be reusable, portable containers or heavy-duty disposable garbage bags, shall be of not more than thirty-five (35) gallons in nominal capacity, and shall be leak-proof and waterproof. The total weight of any container and contents shall not exceed sixty-five (65) pounds. Disposable containers shall be kept securely fastened and shall be of sufficient strength to maintain integrity when lifted, and reusable containers shall be in conformity with the following:

(1) Be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container;

(2) Have handles, bails or other suitable lifting devices or features;

(3) Be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying;

(4) Be of lightweight and sturdy construction.

Galvanized metal containers, rubber of fiberglass containers and plastic containers which do not become brittle in cold weather may be used.

B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.

2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The Storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from leaving the premises except at collection.

3. Location of Containers for Collection. Containers for the storage of solid waste and recycling items awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers for solid waste and recycling items shall not be placed at the curb or alley line prior to that day on the day prior to regularly scheduled trash collection and not later than six o’clock (6:00) a.m. on the scheduled collection day and shall be promptly removed from the curb line following collection.

4. Nonconforming Containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.

SECTION 13. PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.

2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.

3. Incinerators. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.

4. Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person is an authorized solid waste collector.

SECTION 14. COLLECTION. All garbage must be taken from dwellings at least once each week and from business establishments as frequently as the Council may requires.

SECTION 15. OPTIONAL MEANS OF COLLECTION. It is optional whether the City of Alburnett:

1. Collects garbage and rubbish with its own equipment and employees, or

2. Makes a contract with a person to collect garbage and rubbish, or

3. Issues a permit to a person to collect garbage and rubbish

The Council, by resolution, elects the method or methods to be used in the collection or garbage and rubbish.

If the City of Alburnett, by its Council, elects to own the equipment or to contract for the collection of garbage and rubbish, it defrays this cost as provided by State Law.

If the City of Alburnett, by its Council, elects to permit the collection of garbage and rubbish other than by contract, the Council may issue permits to applicants upon request. Each permit shall expire in one year from issuance. The Council may establish regulations necessary to protect the public health, which each permit holder must obey. Upon the holder’s failure to comply with the rules established or the provisions of this ordinance, the Council may revoke the permit.

SECTION 16. SEPARATION OF YARD WASTES REQUIRED. All yard waste shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be disposed of properly.

SECTION 17. PENALTIES. Anyone violating any of the provisions of this Ordinance shall, be subject to the City of Alburnett’s City Code, Municipal Infractions fines under Chapter 3, Subsection 22.

CHAPTER 14

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

SECTION 1. DEFINITIONS. Terms used in this chapter have the following meanings:

1. “Peddler” means any person who goes from house to house, from place to place, or from street to street, conveying or transporting goods, foods which are not potentially hazardous foods, wares or merchandise or exposing the same for sale, or making sales and delivering articles to purchasers.

2. “Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity value of 0.85 or less.

3. “Pushcart” means a non-motorized vehicle limited to serving foods which are not potentially hazardous foods or commissary-wrapped food maintained at proper temperatures. A motorized vehicle is not considered a pushcart.

4. “Solicitor” means any person who goes from house to house, from place to place, or from street to street, soliciting or taking orders for sale or goods, foods which are not potentially hazardous foods, wares or merchandise, including but not limited to magazines, books, photographs, periodicals, or personal property, for future delivery or for a service to be performed in the future.

5. “Transient merchant” means any person who engages in a temporary business of selling and delivering goods, foods which are not potentially hazardous foods, wares or merchandise within the City, who in furtherance of such purpose leases, uses or occupies any vehicle, trailer, tent, railroad car, or other place in the City for the exhibition and retail sale of such goods, wares or merchandise.

“Transient merchant” does not include the temporary sale of goods, foods which are not potentially hazardous foods, wares, or merchandise, by a permanent merchant or private property adjacent to the merchant’s permanent place of business.

6. “Vendor” includes peddlers, solicitors and transient merchants.

SECTION 2. LICENSE REQUIRED.

1. No person shall engage in the business of peddler, solicitor, transient merchant, pushcart operator or vendor in the City without first obtaining a license as provided in this chapter, with the exception of those individuals and organizations identified in subsection 7 of this section. Only one natural person may engage in such activity under one license.

2. Each peddler, solicitor, transient merchant, pushcart operator and vendor shall obtain the necessary licenses and/or permits as may be required by the County, State, or Federal governing bodies. Each applicant shall comply with all applicable County, State, or Federal laws, rules and regulations.

3. Each pushcart shall be separately licensed and may operate only at the location specified in the license as approved by the Council or a duly authorized representative of the City.

4. A license shall not be transferable from person to person or from an approved location to another location without approval of the Council or a duly authorized representative of the City.

5. Each transient merchant shall prominently display the merchant’s license at all times while engaging in a temporary business of selling and delivering goods, foods which are not potentially hazardous foods, wares, or merchandise within the City.

6. The license issued pursuant to this chapter is to be carried at all times by the licensee or a representative of the licensee, when the licensee or representative is engaged in the particular activity for which the license was issued and shall, upon the request of customers or City employees, exhibit the license as evidence of compliance with all requirements of this chapter.

7. This chapter does not apply to the selling of personal property at wholesale to dealers in such articles; to newspaper vendors; to merchants or their employees, in delivering goods in the regular course of business; to drug retail persons calling on physicians, pharmacists, veterinarians and hospitals; to vendors of milk and other products distributed or sold to regular customers on established routes; or to nonprofit organizations defined and authorized by Chapter 504A of the Code of Iowa, or authorized and organized under statutes or regulations of the United States government, or approved by the Internal Revenue Service, churches, public and private schools and colleges that are located in Linn County, Iowa; nonprofit clubs and lodges when not ordinarily conducted as a business, that do not meet the requirements of Chapter 504A of the Code of Iowa and are located in Linn County, Iowa. This chapter does not prohibit any auction sales required by statute or by order of any Court, or prohibit any auction sales conducted pursuant to law. This section does not exempt any of the above cited individuals, groups, and/or organizations from meeting the requirements of Section 6(1).

SECTION 3. APPLICATION FOR LICENSE; ISSUANCE.

1. An applicant for a license under this chapter shall provide to the Clerk reliable individual identification as determined by the Clerk, and shall file with the Clerk a sworn application in writing, which shall give all of the following information:

A. The name and physical description of the applicant.

B. The permanent home address and also the local address of the applicant.

C. A brief description of the nature of the business and the goods to be sold.

D. The proposed location, address, route, and/or area in which the business is to be operated.

E. The name and address of the applicant’s employer, if the applicant has an employer.

F. The length of time for which the right to do business is desired.

G. If the applicant’s employer is a corporation, the state of its incorporation; evidence it is authorized to do business in Iowa; evidence that the corporation has designated a resident agent in the City upon whom legal service may be made; and evidence that the corporation will be responsible for the acts of its employees in the City.

H. A statement as to whether or not the applicant had been convicted of any felony, aggravated or serious misdemeanor, or a violation of any municipal ordinances other than a traffic ordinance. The applicant shall provide information on each such offense or pending charges of each such offense, including the nature of the offense, date of the offense, and penalty imposed for the offense.

I. The names and locations of the last three municipalities where the applicant carried on business immediately preceding this application, and the addresses from which such business was conducted in these municipalities.

J. A description of any motor vehicles to be used in conjunction with the applicant’s operation and their respective license plate numbers.

K. A statement that the applicant agrees to leave private property promptly when requested to do so by the owner, tenant, occupant, or person in control of the property.

L. A statement that the applicant will not enter upon private property where a sign is posted indicating no solicitation allowed, no solicitors, do not disturb, or words of similar import of any of the phrases.

M. Other pertinent information requested by the Clerk; including but not limited to employer identification and sales tax permit information.

2. In determining whether a license under this chapter should be granted or denied, standards including but not limited to the following shall be taken into consideration:

A. Whether the proposed activity is likely to cause undue congestion of a public area.

B. The number and nature of past and present complaints against the applicant for activities including but not limited to misrepresentation, fraud, selling defective merchandise, entering property posted pursuant to Section 3(1)(L) or failure to promptly leave property when so requested.

C. Whether the applicant has been convicted of a violation of a similar ordinance within the last five years.

D. Whether the applicant has been convicted within the last five years of any felony, aggravated or serious misdemeanor, violation of any municipal ordinance other than a traffic offense, that would relate to the public health, welfare, safety and/or morals in the applicant’s conduct of business under the license.

E. Whether the proposed activity is likely to cause excessive or unusual noise in violation of this Code of Ordinances.

3. The Clerk, upon satisfaction that the application for license as provided for in this chapter, is true, correct, and complete and upon payment of the license fee and compliance with the requirements of this chapter shall issue the license. If the Clerk refuses to issue a license, the Clerk shall endorse the reasons upon the application. The applicant then shall have the right to a hearing before the Council at its next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present, if there is a quorum, and the Clerk shall carry out the Council’s decision.

4. The Linn County Sheriff’s Department shall conduct a background investigation of all applicants including a check of the applicants background by the Department of Criminal Investigation.

SECTION 4. LICENSE SUSPENSION.

A license under this chapter may be temporarily suspended by the Clerk or Police Chief when upon investigation the Clerk or Police Chief finds any of the following:

1. The licensee has made fraudulent, false, or incorrect statements in the application or in the conduct of the licensee’s business.

2. The licensee has violated this chapter or has otherwise conducted the licensed business or activity in an unlawful manner, or contrary to the provisions of this Code of Ordinances applicable thereto.

3. The licensee has conducted business in a manner endangering the public welfare, health, safety, or morals.

4. The license may be temporarily suspended by serving notice on the licensee by personal service or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the reasons for suspension and shall state that the licensee has the right to appeal the suspension to the Council by filing an appeal with the Clerk within five (5) days of the receipt of the notice. The appeal shall be conducted pursuant to the procedure of Section 5(2) of this chapter but conducted as an appeal of a suspension, not a revocation. The licensee shall not conduct activity permitted by the license while the license is temporarily suspended.

SECTION 5. LICENSE REVOCATION.

1. The Clerk, after giving reasonable notice and a hearing, may revoke any license for the following reasons:

A. The licensee has made fraudulent statements in the application or in the conduct of the licensee’s business.

B. The licensee has violated this chapter or has otherwise conducted the business or activity in an unlawful manner or contrary to any applicable provisions of this Code of Ordinances.

C. The licensee has conducted the business or activity in a manner endangering the public welfare, health, safety, order or morals.

The notice shall be in writing and shall be served personally or as required for personal service by Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.

2. Appeal. If the Clerk revokes a license, the Clerk shall immediately notify the Council in writing, giving the reasons for the revocation. The licensee then shall have a right to a hearing before the Council at it next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present, if there is a quorum.

3. Effect of Revocation. Revocation of a license shall bar such person from being eligible for a license for a period of one year from the date of revocation.

SECTION 6. RESTRICTIONS.

1. No person or other organization shall sell, display, or otherwise offer for sale any merchandise or other materials on any sidewalk, street, public right-of-way, or other public property, without first obtaining written approval by the Clerk or by a duly authorized representative of the Clerk. Application for such license shall be made in writing to the Clerk. The Clerk may refer such application to appropriate City departments for review and report. Said application along with the appropriate department reports shall then be forwarded to the Clerk for action to approve or disapprove.

2. Persons having valid contracts with the City authorizing activities described in subsection 1 above are excepted from the terms of said subsection for the activities specifically authorized in the contract.

3. The Council reserves the right to require the relocation of any licensed pushcart or transient merchant to a new location in the event public safety or congestion so requires, based on the discretion of the Council.

4. Transient merchants who are engaging in business on private property may only do so in the following zoning districts as defined in the Zoning Ordinance: B-1 or I-1.

5. No transient merchant shall be permitted to operate from one location for more than seven (7) consecutive days; and no other transient merchant shall be permitted to operate another business at that location within the immediate 30 days following the previous transient merchant.

6. The Council may by resolution, following a request by a pushcart operator, vendor, or permanent merchant, grant exception to time constraints of Section 19(3) and Section 6(5), and the license requirements of Section 6, based upon just cause.

7. All pushcart operators, transient merchants and vendors shall comply with all requirements of the Zoning Ordinance. However, transient merchants shall not be required to provide off-street parking facilities except when off-street parking facilities are provided in the design and maintenance of said facilities.

8. No vendor vending from a motor vehicle shall conduct the vendor’s business in such a way as could restrict or interfere with that ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life, or property, or an obstruction to adequate access to fire, police, sanitation or emergency vehicles. Furthermore, no vehicle shall remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose.

9. No licensee under this chapter shall refuse to exhibit that license when requested by a customer, potential customer, or City employee. No licensee under this chapter shall refuse to leave private property when requested to do so by the owner, tenant, occupant or person in control of the property. No licensee under this chapter shall enter upon private property and contact the owner, tenant, occupant or person in control of the property, when the private property has posted thereon a sign indicating no solicitation allowed, no solicitors, do not disturb, or words of similar import of any of these phrases.

SECTION 7. FDA STANDARD FOR PUSHCART OPERATORS AND VENDORS. Each pushcart operator and vendor shall meet the Food and Drug Administration Food Service Sanitation standards and the Iowa Department of Agriculture Food Service Sanitation Code, and applicable rules and/or regulation, for food storage, preparation, and dispensing.

SECTION 8. HAND-WASHING FACILITIES. Each pushcart operator and vendor shall provide hand-washing facilities for the employee of the license, when required by the Food and Drug Administration regulations.

SECTION 9. WASTE RETENTION AND REFUSE DISPOSAL. Each pushcart operator and vendor shall provide a waste retention tank when required by Food and Drug Administration regulations. All waste liquids, garbage, litter and refuse shall be kept covered with tight-fitting lids and appropriately disposed of at the permanent location. No waste liquids, garbage, litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, drains, trash receptacles, or any other place except at the permanent location of a pushcart. When leaving the sales area, the licensee or licensee’s employees shall pick up all litter resulting from the licensee’s business, and shall deposit such litter in an approved container in compliance with the Food and Drug Administration Food Service Sanitation Code and regulations, located on the licensee’s cart. Failure to do so shall be grounds for license revocation.

SECTION 10. LIST OF APPROVED FOOD AND BEVERAGE ITEMS. The Food and Drug Administration has published laws and regulations regarding approved food and beverage items which may be sold by pushcart operators and vendors. No items of any kind, other than those food and beverage items allowed in the Food and Drug Administration regulations shall be sold or dispensed by pushcart operators and vendors.

SECTION 11. FEES. Fees for all licenses issued under this chapter are as follows: $10.00 per day, $25.00 per week, $50.00 per month, or $150.00 per year and the applicant shall also pay to the Alburnett City Clerk all of the costs associated with any background investigation conducted pursuant to this chapter. Fees will not be prorated or refunded unless the license is suspended or revoked by the Council.

SECTION 12. REBATES. A licensee shall be entitled to a rebate of part of the fee paid for an annual license upon surrender of the license to the City prior to expiration. The rebate shall be pro rated based upon unexpired quarters. In all cases, at least fifteen dollars ($15.00) of the original fee shall be retained by the City to cover administrative costs. Any license issued for a period of less than one year shall not be eligible for a rebate.

SECTION 13. BOND. An applicant for a license under this chapter shall file with the Clerk a surety bond in the amount of one thousand dollars ($1,000.00) conditioned that the applicant shall comply fully with all ordinances of the City and laws regulating the licensee’s operation, and guaranteeing to any resident of the City that all money paid will be accounted for and applied according to the representation of the licensee. The bond shall continue in force
as to any surety for not less than one year from the date of execution of such agreement. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given.

SECTION 14. INSURANCE. All licensees under this chapter shall provide proof of general liability insurance including products liability in the amount of $300,000 per occurrence and $100,000 for property damage. A certificate of insurance shall be delivered to the Clerk prior to the issuance of a license. The City and its employees shall be named as additional insured against any liabilities that may arise in connection with the operations of the licensees.

SECTION 15. LIGHTS AND NOISEMAKERS. No pushcart operator or vendor, nor anyone on behalf of the pushcart operator or vendor, shall shout, make an outcry, blow a horn, or use any other sound devices including but not limited to any loud speaking radio or amplifying system which exceed the noise levels set forth in Chapter 53 of this Code of Ordinances.

SECTION 16. HOURS OF OPERATION. No pushcart operator or vendor shall operate before eight o’clock (8:00) a.m. or after nine o’clock (9:00) p.m., on any day, unless specifically approved by the Council.

SECTION 17. SALES ON RIGHT-OF-WAY. The sale of any goods within any public right-of-way by a person licensed under this chapter is prohibited unless the person has the prior approval of the Clerk and has executed a hold harmless agreement with the City. This provision shall not apply to the sale of newspapers.

SECTION 18. TRUCK SALES PROHIBITED. A person licensed under this chapter shall not operate a truck or semi-truck upon any street except those designated as truck routes. However, this section does not apply to licensed persons selling milk or dairy products, who may operate trucks upon any City street.

SECTION 19. POTENTIALLY HAZARDOUS FOODS.

1. Peddlers are prohibited from selling all potentially hazardous foods. If a vehicle or pushcart is used by a peddler for the sale of any food items, all requirements of this chapter relating to pushcarts, vehicles, and foodstuffs shall be applicable. This provision does not prohibit the distribution of printed materials door to door.

2. All potentially hazardous foods are prohibited from being sold from a pushcart by a solicitor or by a transient merchant.

3. Temporary sale of goods, foods which are not potentially hazardous foods, wares or merchandise by a permanent merchant on private property adjacent to the merchant’s permanent place of business shall not exceed seven (7) days in duration or take place more than once every thirty (30) days.

CHAPTER 15

MOTOR VEHICLES CODE

SECTION 1. SHORT TITLE. This ordinance may be known and cited as the "traffic code".

SECTION 2. WORDS AND PHRASES. Where words and phrases used in this ordinance are defined by the laws of Iowa, such definitions shall apply to this ordinance.

SECTION 3. AUTHORITY OF POLICE AND FIRE DEPARTMENT, AND CITY OFFICIALS. Provisions of this ordinance and Iowa law relating to motor vehicles and law of the road shall be enforced by the City Marshal or Chief of Police or other members of the Police Department or officers of Linn County Sheriff Department.

The officers are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws. In the event of a fire or other emergency, officers of the Police Department may direct traffic, as conditions require notwithstanding the provisions of the traffic laws.

Officers of the Fire Department, when at the scene of a fire, may direct, or assist the Officers in directing traffic thereat or in the immediate vicinity.

Sections 19, 26, and 27 may also be enforced by the Mayor as a municipal infraction violation pursuant to Chapter 3 of the Municipal Ordinance.

SECTION 4. REQUIRED OBEDIENCE TO PROVISIONS OF THIS ORDINANCE AND STATE LAWS. Failure of any person to abide by the provisions of this ordinance and the Iowa statutory law relating to motor vehicles and the statutory law of the road, is a violation of this ordinance.

SECTION 5. AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The City Marshal or City Council shall place and maintain traffic-control devices when and as required under the ordinances of this City to make effective its provision, and may place and maintain such additional traffic-control devices as traffic conditions may require to regulate traffic under the traffic ordinances of this City or under state law, or to guide or warn traffic.

SECTION 6. CITY MARSHAL OR CITY COUNCIL TO DESIGNATE CROSSWALKS, ESTABLISH AND MARK TRAFFIC LANES. The City Marshal or City Council are hereby authorized to (1) designate and maintain by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where due to traffic conditions there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require, and (2) to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic ordinances of this City. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within boundaries of any such lane, except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

SECTION 7. PLAY STREETS. The City Marshal or City Council shall have authority to declare any street, or part thereof, a play street and to place appropriate sighs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof, except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

SECTION 8. TURNING MARKERS, BUTTONS AND SIGNS. The City Marshal or City Council may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the state law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such marker, buttons, or signs.

SECTION 9. AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The City Marshal or City Council is hereby authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of such turns may be prohibited between certain hours of any day in which event the same shall be plainly indicated on sighs.

SECTION 10. OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected, indication that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

SECTION 11. "U" TURNS. It shall be unlawful for a driver to make a "U" turn, except at an intersection; provided, however, that "U" turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.

SECTION 12. THROUGH HIGHWAYS. Streets or portions of streets described below are hereby declared to be through highways:

(a) Main Avenue, extending from the intersection of said Main Avenue and the south boundary line of the corporate limits of the City to the intersection of said Main Avenue and the north boundary line of the corporate limits of the City as said boundary lines presently exist, or may hereafter be extended.

(b) Roosevelt Street, from the west edge of the intersection of said Roosevelt Street and Main Avenue, westerly to the intersection of said Roosevelt Street and the west boundary lines of the corporate limits of the City as said boundary lines presently exists, or may hereafter be extended.

(c) North Street, from the east edge of the intersection of said North Street and Main Avenue, easterly to the intersection of said North Street and the east boundary line of the corporate limits of the City as said boundary line presently exists, or may hereafter be extended.

SECTION 13. AUTHORITY TO ERECT STOP SIGN. Whenever any ordinance of this City designates and describes a through highway, it shall be the duty of the City Marshal or City Council to place and maintain a stop sign on each and every intersecting such through highway, except as hereinafter modified in the case of intersecting through highways.

SECTION 14. STOPS, INTERSECTING THROUGH HIGHWAYS, AND OTHER INTERSECTIONS.

(a) At the intersection of Main Avenue and Roosevelt Street, a stop sign shall be erected on Roosevelt Street, at the west edge of Main Avenue, to halt traffic entering Main Avenue from Roosevelt Street.

(b) At the intersection of Main Avenue and North Street, a stop sign shall be erected on North Street at the east edge of Main Avenue to halt traffic entering Main Avenue from North Street.

(c) At intersections upon streets other than through highways, where, because of heavy cross traffic or other traffic conditions, particular hazards exists, stop signs shall be erected when and as directed by resolution of the City Council.

SECTION 15. STOP AT THROUGH HIGHWAYS. When stop signs have been erected as provided by laws of the State of Iowa, as near as practical at the property line of the street designated as an arterial highway or through street and at the entrance to which the stop must be make, or at the nearest line of the crosswalk there at, or, if none, at the nearest line of the roadway, then every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering such intersection, except when directed to proceed by a police officer or traffic-control signal.

SECTION 16. STOP INTERSECTIONS. Such intersections in the City of Alburnett, Iowa, as are now or may hereafter be designated by the City Council by resolution are established as and are hereby declared to be stop intersections, and when a stop sign has been erected as provided by the laws of the State of Iowa, as near as practical at the property line of the street at the entrance to which the stop must be made, or at the nearest line of the crosswalk there at, or, if none, at the nearest line of the roadway, then every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering such intersection, except when directed to proceed by a police officer or traffic-control signal.

SECTION 17. VEHICLES NOT TO BE DRIVEN ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway. The operation of all motorized vehicles, including but not limited to, motor scooters and motorized bicycles, are prohibited on public sidewalks. However, motorized wheel chairs, three or four wheel, may operate on a public sidewalk for the purpose of transporting the disabled.

SECTION 18. CLINGING TO VEHICLES. No person shall drive a motor vehicle in the streets of this City unless all passengers of said vehicle are inside said vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

SECTION 19. PARKING FOR CERTAIN PURPOSES PROHIBITED. No persons shall park a vehicle upon the roadway for the principal purpose of (1) displaying such vehicle for sale, (2) for washing, greasing or repairing such vehicle, except such repairs as are necessitated by an emergency, (3) displaying advertising, (4) selling merchandise from such vehicle, except in a duly established market place and when so authorized or licensed under the ordinances of this City, (5) storage, or as junkage or dead storage for more than 48 hours.

SECTION 20. DRIVING THROUGH FUNERAL OR OTHER PROCESSIONS. No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

SECTION 21. DRIVERS IN A PROCESSION. Each driver in a funeral or other procession, shall drive as near to the right-hand edge of the roadway as practical, and shall follow the vehicle ahead as close as is practical and safe.

SECTION 22. FUNERAL PROCESSIONS TO BE IDENTIFIED. A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant.

SECTION 23. PENALTY. Anyone violation any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment no exceeding thirty days, or a fine not exceeding One Hundred Dollars ($100.00).

SECTION 24. ARREST AND NOTICE TO APPEAR. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this ordinance, such officer may:

1. Immediately arrest such person, or
2. Without arresting the person, prepare in triplicate a written summons to appear in court containing the name and address of such person, the operator or chauffeur license number, if any, the registration number of his vehicle, the offense charged, the time when and place where such person shall appear and if the offense charged be speeding, such summons shall also specify the speed at which such person is alleged to have driven and the speed limit applicable within the district or location.

SECTION 25. SUMMONS PLACED ON ILLEGALLY PARKED VEHICLE.

Whenever any motor vehicle with out driver is found parked or stopped in violation of any of the restrictions imposed by any ordinance of this City, the officer finding such vehicle shall attach a written summons as herein before provided to such vehicle in a conspicuous place, and the driver of such vehicle shall be held to appear at the time and place designated in the summons.

SECTION 26. PARKING. Unless otherwise provided by the City Council with respect to a particular and specific street, parking is prohibited on the west side of all north-south streets, and on the south side of all east-west streets, except in designated parking areas. Parking is prohibited on the un-traveled portion of the right-of-way, however, the City Council may grant permission to park on a specific portion of the right-of-way on a case-by-case basis.

SECTION 27. REMOVING VEHICLES FROM STREETS. No person shall park any vehicle or motor vehicle upon any street or alley in the City under the following circumstances:

1. Where any such parked vehicle is left unattended and constitutes an obstruction to the normal movement of traffic or a hazard to pedestrian or vehicle traffic.

2. Where any such parked vehicle interferes with construction, repair, cleaning or maintenance of streets or alleys and is parked contrary to no-parking signage including temporary signage.

3. Snow Emergency

A. Proclamation of Snow Emergency. When weather forecasts or occurrences indicate the need, the Mayor may proclaim a snow emergency and shall request local news media to publicize the proclamation and applicable parking restrictions. The Proclamation Of Snow Emergency shall state the date and time that the Snow Emergency shall take effect and parking shall be restricted on all streets, alleys, and parking areas.

B. Parking Prohibited during Snow Emergency. No person shall park, abandon or leave unattended any vehicles on any public street, alley, or city-owned off-street parking area during any snow emergency unless the snow has been removed or plowed from said street, alley, or parking area and the snow has ceased to fall. A snow Emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm and the forty-eight (48) hour period after cessation of such storm, except as about provided upon streets which have been fully opened. Such Snow Emergency may be extended or shortened when conditions warrant.

C. Enforcement of Snow Emergency. Any vehicle parked on any public street, alley, or city-owned off-street parking that impedes the removal of snow during a snow emergency will be towed and stored at the owner’s expense.

4. Where any such parked vehicle is parked on a street for more than 48 hours continuously.

5. Where any such vehicle is so disabled that it cannot be operated and there is no person in charge thereof or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.

6. Where any such vehicle is parked on the west side of a north-south street or on the south side of a east-west street, excepts in designated parking area, or is parked on the untravelled portion of the public right-of-way contrary to City ordinances.

Any vehicle parked or otherwise left unattended in violation of any of the provisions of this Section is declared to be a nuisance per se and shall be subject to removal by the City by means of towing or otherwise. The costs of removal and resulting storage of any such vehicle shall be paid by the owner or operator thereof.

SECTION 28. PARKING ON RESIDENTIALLY-ZONED PROPERTY. No vehicles and no junk vehicles shall be parked in the front yard, side yard, or back yard of any residentially-zoned property except that any vehicle may be parked in the back yard if covered with a vehicle cover specifically designed and manufactured for that purpose. Vehicles which are not junk vehicles, may be parked on a driveway or on a concrete, blacktopped, or rocked parking pad immediately adjacent to a driveway are not in violation of this Section. The term “vehicles” as used in this Section means any vehicle self-propelled and subject to registration under the provisions of Section 321.18 of the Iowa Code but does not include a self-propelled camper-type vehicle parked in a side yard unless the said vehicle is also a junk vehicle. The term “junk vehicle” as used in this Section means any vehicle located upon residentially-zoned property, whether licensed or unlicensed, which has nay of the following characteristics:

(1) has become a habitat for rats, mice, skunks, snakes, or other vermin or insects:
(2) lacks an engine or one or more wheels or other structural parts which render it inoperable;
(3) is in defective or obsolete condition in any way which constitutes a threat to the public health, safety or welfare.

The term “driveway” as used in this Section means an established hard surface or crush rock base portion of a residential lot leading from a street to an existing garage or to the front or side of a house if there is no garage but does not include any area of grassed yard or bare dirt. The term “front yard” as used in this Section mans that portion of a residentially-zoned property lying between a residence and the street right-of-way. In corner lots, the front yard shall be that portion of the property lying between the main ingress egress from the residence and a street right-of-way. The term “side yard” as used in this Section means that portion of a residentially-zoned property, which lies between a residence and an adjoining property. The term “back yard” as used in this Section is any portion of yard which is not a front yard or side yard.

SECTION 29. NON-VEHICLE PARKING ON RESIDENTIALLY-ZONED PROPERTY. Self-propelled camper-type recreational vehicles, camper-type recreational trailer, boats and boats on trailers, and utility trailers may be parked on a residential driveway, an all-weather surfaced portion connected to a driveway, and a side yard or back yard as defined above in Section 28. At no time shall such non-vehicles be parked or stored on a residential front yard. In addition, such non-vehicles are subject to the same street parking restriction in Section 17, 25, 26, and 27 above.

SECTION 30. OPERATION OF GOLF CARTS. A permit must be obtained for the operation of a golf cart on City streets. Application must be approved by the Mayor and sent to the Council for final approval. The golf cart shall be equipped with a slow moving vehicle sign and a bicycle safety flag and shall be operated only from sunrise to sunset. Golf carts operated on City streets shall be equipped with adequate brakes and shall meet any other safety requirements imposed by the City Council.

SECTION 31. JAKE BRAKING. It is unlawful for any person in any part of the city to make, or cause to be made, a loud or disturbing noises with any mechanical devices operated by compressed air and used for the purpose of assisting braking on any vehicle, commonly referred to as jake braking.

CHAPTER 16

ATV AND SNOWMOBILE REGULATIONS

SECTION 1. DEFINITIONS. For use within this Chapter the following terms are defined:

A. "Snowmobile" means a motorized vehicle weighing less than one thousand pounds which uses sled-type runners or skis, endless belt-type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.

(Code of Iowa, Sec. 321G.1[18])

B. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle which not less than three (3) low pressure tires, but not more that six (6) low pressure tires, or a two-wheeled, off-road motorcycle, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and in total dry weight to less than seven hundred fifty (750) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. Tow-wheeled, off-road motorcycles shall be considered all-terrain vehicles only for the purpose of titling and registrations. An operator of a two wheeled, off-road motorcycle is exempt from the safety instruction and certification program requirements of Section 321G.23 and 321G.24 of the Code of Iowa .

(Code of Iowa, Sec. 321G.1[1])

SECTION 2. GENERAL REGULATIONS. No person shall operate an ATV or snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.

(Code of Iowa, Ch. 321G.)

SECTION 3. PLACES OF OPERATION. The operators of ATV’s and snowmobiles shall comply with the following restrictions as to where ATV’s and snowmobiles may be operated within the City:

1. Streets. ATV’s and snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council.

(Code of Iowa, Sec. 321G.9[4a])

2. Exceptions. ATV’s and snowmobiles may be operated on prohibited streets only under the following circumstances:

A. Emergencies. ATV’s and snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.

(Code of Iowa, Sec. 321G.9[4c])

B. Direct Crossing. ATV’s and snowmobiles may make a direct crossing of a prohibited street provided:

(1) The crossing is made at an angle of approximately ninety degrees (90*) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;

(2) The ATV or snowmobile is brought to a complete stop before crossing the street;

(3) The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and

(4) In crossing a divided street, the crossing is made only at an intersection of such street with another street.

(Code of Iowa, Sec. 321G.9[2])

3. Railroad Right-of-Way. ATV’s and snowmobiles shall not be operated on an operating railroad right-of-way. An ATV or snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, us the improved portion of the established crossing after yielding to all oncoming traffic.

(Code of Iowa, Section 321G.13[8])

4. Trails. ATV’s shall not be operated on snowmobile trails and snowmobiles shall not be operated on all-terrain vehicles trails except where so designated.

(Code of Iowa, Sec. 321G.9[4f and g])

5. Parks and Other City Land. ATV’s and snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. A snowmobile shall not be operated on any City land without a snow cover of at least one inch.

6. Sidewalk or Parking. ATV’s and snowmobiles shall not be operated upon the public sidewalk or that portion or the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except or purposes of crossing the same to a public street upon which operation is authorized by this chapter.

SECTION 4. HOURS OF OPERATION. No snowmobile shall b operated in the City between the hours of twelve o’clock (12:00) midnight and eight o’clock (8:00) a.m. except for emergency situations or for loading and unlading from a transport trailer.

SECTION 5. NEGLIGENCE. The owner and operator of an ATV or snowmobile is liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile.

(Code of Iowa, Sec. 321G.18)

SECTION 6. ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to two hundred dollars ($200.00) or more. Either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report within forty-eight (48) hours, in accordance with State Law.

(Code of Iowa, Sec. 321G.10)

SECTION 7. THAW BAN. Snowmobiles shall not be operated during a publicized thaw ban in area posted to prohibit such operation.

SECTION 8. DEAD MAN THROTTLE. No snowmobile shall be operated within the City unless equipped with a “dead man throttle” which, when pressure is removed from the accelerator or throttle, causes the engine to be disengaged from the drive mechanism.

CHAPTER 17

EXOTIC and DANGEROUS ANIMALS

SECTION 1. EXOTIC ANIMAL DEFINED.

Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous or constrictive snake, badgers, wolverines, weasels, mink, bats, scorpions, Gila monsters member of the feline species other than domestic cat (felis domestics, member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.

SECTION 2. DANGEROUS ANIMALS DEFINED.

Pit bulls, including the following:

1. The Bull Terrier breed of dog,
2. The Staffordshire Bull Terrier breed,
3. The American Staffordshire Terrier breed,
4. The American Pit Bull Terrier breed,
5. Dogs of mixed breed or other breeds which are know as pit bulls, pit bulldogs or pit bull terriers,
6. Any dog which has the appearance and characteristics of being predominately of the breeds of Bull Terrier, Staffordshire Bull terrier, American Pit Bull Terrier, American Staffordshire Terrier, and other breed commonly know as pit bulls, pit bull dogs or pit bull terriers or a combination of any of these breeds.

Any dog or other animal which has a know propensity, tendency or disposition to attack human beings or domestic animals without provocation, as evidences by its habitual or repeated chasing, snapping or barking at human beings or domestic animals so as to potentially cause injury to or to otherwise endanger their safety; or other animal that manifests a disposition to snap or bite.

SECTION 3. EXOTIC AND DANGEROUS ANIMALS ALLOWED BY PERMIT.

It shall be unlawful for anyone to own, harbor, or permit at large any exotic animal without the written permission of the Animal Control Board. Such permission shall be given only if it is demonstrated to the satisfaction of the Board that the animal will not constitute a threat to a public health or safety.

SECTION 4. ANIMAL CONTROL BOARD - - ESTABLISHED.

(a) There is hereby established an Alburnett Animal Control Board.

(b) The Animal Control Board shall consist of three members appointed by the Mayor subject to confirmation by the City Council. One of the members of the Animal Control Board shall be appointed Chairperson by the Mayor. In addition, the Mayor may appoint one (1) alternate member who shall be empowered to sit on the Board in the absence of any member of the Board. In the absence of the alternate, the City Council may designate a temporary alternate. The Animal Control Board is empowered to establish rules and procedures to carry out the provisions of this chapter.

(c) The term of each member shall be three (3) years, or until a successor takes office.

CHAPTER 18

DOG AND CAT CONTROL

SECTION 1. DEFINITION OF TERMS. As used in this ordinance, unless the context indicates otherwise:

(a) "Dog" shall be intended to include both male and female animals of the canine species.

(b) "Owner" shall be intended to mean any person or persons, firm, association, or corporation, owning keeping or harboring a dog.

(c) "Kennel Dogs" shall be intended to mean those dogs kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint.

(d) "Veterinary Hospital " shall mean a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.

(e) "At Large" shall mean off the premises of the owner or upon the public streets, alleys, public grounds, school grounds, or parks within the City of Alburnett, Iowa. A dog shall not be deemed at large if:

1. It is attached to a leash or chain of sufficient strength to restrain the dog or companion cat and not more than six feet (6') in length, when said leash or chain is held by a person competent to restrain and control the dog, or
2. When properly restrained within a motor vehicle or housed in a veterinary hospital, or
3. Accompanied by and at "heel" beside the owner or a competent, responsible person.

(a) "Companion Cat" means a domesticated cat raised to live in or about the habitation of humans and is dependent on people for food and shelter.

(b) “Vicious Animal” means any animal, except a dangerous animal per se, as listed in Chapter 11 Section 2 of the City Code of Alburnett, that has bitten or clawed a person or persons while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal a) has bitten or clawed a person or persons on two separate occasions within a twelve-month period; or b) did bite or claw once causing injuries above the shoulders of a person; or c) could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or d) has attacked any domestic animal or fowl on three separate occasions within a twelve-month period.

SECTION 2. RABIES VACCINATION. Every owner of a dog or companion cat shall obtain a rabies vaccination for such animal. It shall be a violation of this chapter for any person to own or have a dog or companion cat in the person's possession, four months of age or over, which has not been vaccinated against rabies. Dogs kept in state or federally licensed kennels and not allowed to run at large shall not be subject to these vaccination requirements.

SECTION 3. TAG AND COLLAR. Every owner shall be required to provide each dog and/or companion cat with a collar to which the rabies tag and identification tag must be securely fixed. Such rabies tag and identification tag and collar shall be constantly worn by every licensed dog and it shall be the responsibility of the owner of such dog to assure the constant wearing of such collar and tag. In the event the animals tags are lost or destroyed the owner is required to replace them.

SECTION 4. RUNNING AT LARGE PROHIBITED. No owner or keeper of any dog or companion cat shall permit such dog or companion cat to run at large as defined in Section 1 of this ordinance, whether the dog or companion cat is wearing a collar and it tags required in Section 3 of this Ordinance.

SECTION 5. EXERCISE AREAS. The Mayor, with the approval of the City Council, may designate areas, if such are available, where owners may take their dogs for exercise and obedience training, provided such dogs attending such areas are under the control of competent persons while in such designated areas.

SECTION 6. CONTRACT WITH INCORPORATED SOCIETY. As provided by law, the City of Alburnett may enter into a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to animals, for the use of its facilities for the restraining and impounding of dogs. Any such lease or contract shall provide for the maintenance of suitable impounding quarters; for the humane care of animals impounded therein; for the destruction or disposition of dogs impounded as provided in this ordinance or other ordinances applicable thereto and it shall be the duty of the City Council to generally supervise the operation of the pound operated and maintained by said lessee in order to carry out the purposes of this ordinance, to the extent provided in said lease or contract.

SECTION 7. IMPOUNDING.

(a). It shall be the duty of every police officer or poundmaster or person authorized by the City Council to apprehend any dog or companion cat; the ownership of which is unknown, found running at large contrary to the provisions of Section 3 of this ordinance and to impound such dog or companion cat in the City pound or other suitable place designated by the City Council. The poundmaster or person authorized to impound dogs or companion cat, upon receiving any dog or companion cat, shall make a complete registration for such dog or companion cat, entering the breed, color and sex of such dog or companion cat.

(b). When dogs or companion cats are found running at large, and the ownership is known to the City Marshal or other police officer authorized to enforce this ordinance, such dogs or companion cats need not be impounded, but the enforcing officer may, at his discretion, cite the owners of such dogs or companion cats to appear in Court to answer to charges of violation of this ordinance, or such police officer may impound such dogs or companion cats, and further, he may cite the owners of such dogs or companion cats to appear in Court to answer to charges of violation of this ordinance.

SECTION 8. NOTICE TO OWNER AND REDEMPTION. Not later than three (3) days after the impounding of any dog or companion cat, the owner, if known, shall be notified of such impoundment. The registry of impounded dogs shall be available for inspection during reasonable hours by the owners of dogs or companion cats. The owner of any dog or companion cat impounded may reclaim such dog or companion cat upon the payment of all costs and charges incurred by the City of Alburnett to the agency authorized by the City Council to impound dogs or companion cats, including the maintenance of said dog or companion cat. The charges shall be paid to the poundmaster or the agency authorized by the City Council to impound dogs or companion cats per the schedule of charges established by that agency.

SECTION 9. DISPOSITION OF UNCLAIMED OR INFECTED DOGS OR COMPANION CATS. It shall be the duty of the poundmaster or agency authorized by the City Council to impound dogs or companion cats, to keep all dogs so impounded for a period of three (3) days after the owner has been notified as provided in Section 8 of this ordinance. If after three (3) days following notice to the owner of the impounding of the owner's dog or companion cats, or if the owner is unknown, then three (3) days after impoundment of such dog or companion cats, the owner thereof has failed to claim and redeem any such impounded dog or companion cats as provided in this ordinance, said dog may be humanely destroyed. Any dog or companion cats which appears to be suffering from rabies when impounded shall be confined in the pound or veterinary hospital for a period of not less than fourteen (14) days and said dog or companion cats, or its carcass if it dies, shall be subject to such reasonable medical or pathological tests as the Mayor shall recommend, which tests, if any, shall be conducted at the expense of the owner. If a dog or companion cats is determined to be infected with rabies, it shall be destroyed or disposed of as directed by the Mayor.

SECTION 10. CONFINEMENT OF VICIOUS DOGS. No dog of known fierce, dangerous or vicious characteristics shall be permitted off the premises of the owner except while such dog is confined in a boarding kennel, veterinary hospital, or while being transported to such boarding kennel or veterinary hospital. If any such dog is not confined as required by this Section, it shall be impounded and shall not be released without the approval of the City Council of the City of Alburnett after the payment of fees provided in Section 7; provided, however, that if any dangerous, fierce or vicious dog found at large cannot be safely taken up and impounded such dog may be slain by any police officer.

SECTION 11. FEMALE DOGS.

(a). No female dog, while in heat, shall be off the premises of its owner except while such dog is confined in an established boarding kennel or veterinary hospital or while being transported to such kennel or veterinary hospital.

(b). No unspayed female dog which has been impounded by reason of its being a stray dog shall be allowed to be adopted from the animal shelter unless the prospective owner shall agree to have such female spayed, or the humane society agree to do so.

SECTION 12. RELEASING OR MOLESTING DOGS OR COMPANION CATS.

(a). Any person except the owner of a dog or companion cats or his authorized agent who willfully opens any door or gate on any private premises for the purpose of enticing or enabling any dog or companion cats to leave such private premises and be at large as defined in this ordinance, shall be guilty of a misdemeanor and punishable as provided in this ordinance.

(b). Any person who willfully molests, teases, provokes or mistreats a dog or companion cats while confined on its owner's premises shall be guilty of a misdemeanor and punishable as provided in this ordinance.

SECTION 13. CONTROL OF DISEASE OUTBREAK. Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia or rabies, the Mayor, if he deems it necessary, shall issue a proclamation ordering every owner of an animal, dog, or companion cat to confine the same securely on the owner's premises at all times, for such period of time as deemed necessary.

SECTION 14. REPORTING OF ANIMAL BITES.

(a). It shall be the duty of every physician or other practitioner to make written report to the Mayor of the name and address of persons treated for bites inflicted by animals in the City of Alburnett, together with such other information will assist in the prevention of rabies.
(b). It shall be the duty of every veterinarian to report to the Mayor any diagnosis of rabies in an animal, dog, or companion cat made by him or under his supervision, when the owner of said animal, dog, or companion cat resides in the City of Alburnett or keeps said animal, dog, or companion cat within the City of Alburnett.
(c). It shall be the duty of the owner of any animal, dog, or companion cat or any person having knowledge of such biting or causing a skin abrasion upon any person in the City of Alburnett to promptly report such fact to the Mayor of the City of Alburnett.

SECTION 15. ANIMALS SUSPECTED OF BEING INFECTED WITH COMMUNICABLE DISEASES. It shall be the duty of the Mayor, or the person authorized to impound dogs in the City of Alburnett, to cause to be placed in isolation and under quarantine for observation for a minimum period of fourteen (14) days any animal suspected of being infected with rabies or other diseases communicable to humans, or any animal that has bitten or caused a skin abrasion upon any person in the City of Alburnett or in a veterinary hospital, except that if such animal is properly licensed and has been vaccinated against rabies not less than thirty (30) days and not more than twelve (12) months from the date of apprehension of said animal, it may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period. When isolation and quarantine are authorized on the owner's premises it will be at the discretion of and under the direct supervision of the City Marshal. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in the pound or humane shelter authorized by the City of Alburnett, a charge to the owner may be made during such isolation and quarantine period.

SECTION 16. REPORTING OF RABID ANIMALS. Every owner or person having possession, custody or control of a animal which is known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the Mayor of Alburnett, and shall have such animal placed in isolation and quarantine as directed by the Mayor, for such period as said officer may designate and at the expense of the owner.

SECTION 17. INTERFERENCE WITH AUTHORIZED AGENT. Any person who willfully interferes with, molests or injures an agent of the City authorized to enforce the provisions of this ordinance or who seeks to release any animal properly in the custody of such authorized agent, shall be guilty of a misdemeanor and punishable as provided in this ordinance.

SECTION 18. RESPONSIBILITY OF OWNER. Notice contained in this ordinance shall not relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by the laws of the State of Iowa.

CHAPTER 19

TRUCK ROUTES

SECTION 1. When signs are erected, and giving notice thereof no person shall operate any commercial vehicle exceeding ten tons gross weight at any time upon any of the streets or parts of streets within the corporate limits of the City of Alburnett, Iowa, excepting there from only Main Avenue, and further excepting that such vehicles may be operated thereon for the purpose of delivering or picking up materials and merchandise and then only by entering such streets at the intersection nearest the destination of the vehicle and proceeding thereafter and further excepting the housing or storage of said commercial vehicles when operation empty.

CHAPTER 20

STREET GRADES

SECTION 1. That the grade of Main Avenue at the north City Limits on the center line be established at 908.00.

SECTION 2. That the grade at 82 feet south of the north City Limits on the center line be established at 909.50.

SECTION 3. That the grade at 482 feet south of the north City Limits on the center line be established at 899.60.

SECTION 4. That the grade at 682 feet south of the north City Limits on the center line be established at 898.50.

SECTION 5. That the grade at 882 feet south of the north City Limits on the center line be established 901.50.

SECTION 6. That the grade at 1082 feet south of the north City Limits on the center line be established at 897.60.

SECTION 7. That the grade at 1282 feet south of the north City Limits on the center line be established at 897.60.

SECTION 8. That the grade at 1432 feet south of the north City Limits on the center line be established at 893.50.

SECTION 9. That the grade at 1782 feet south of the north City Limits on the center line be established at 895.00.

SECTION 10. That the grade at 2082 feet south of the north City Limits on the center line be established at 894.00.

SECTION 11. That the grade at 2532 feet south of the north City Limits on the center line be established at 893.50.

SECTION 12. That the grade at 2654.5 feet south of the north City Limits on the center line be established at 891.05, this being the grade on the center of Main Avenue at the south City Limits on the west side of the center line.

SECTION 13. That 100 feet vertical curves be established at each in grade line.

CHAPTER 21

STREET NAMES

SECTION 1. NAMES OF EXISTING STREETS. The streets hereinafter designated shall be named as follows:

(a). The public road running north and south through the City and located on the west side of Section 25, and the east side of Section 26, now known as North Alburnett Road shall be named Main Avenue.

(b). The public road running east and west from Main Avenue to the west edge of the City along the south side of the school property and along the south side of Auditor's Plat No. 153, now known as Roosevelt Street shall be named Roosevelt Street.

(c). The public road running east and west from Main Avenue to the west edge of the City through Burnett's 2nd Addition and Auditor's Plat No. 282, shall be name Moothart Street.

(d). The public road running east and west from Main Avenue to the west edge of the City through Moothart's First Addition, shall be named Howard Street.

(e). The public road running southeasterly, then northeasterly from Main Avenue between the Cirow Addition and the Burnett Addition, shall be named North Street.

(f). The public road running southeasterly and then northeasterly from Main Avenue to the northeast corner of Lot 25, Burnett's Addition shall be named Strong Drive.

(g). The public road running east and west from Main Avenue to 1st Avenue which public road is located in the SE1/4 SE1/4 NE1/4, Section 26, shall be named 3rd Street South.

(h). The public road running north and south from 2nd Street South, south to 3rd Street South, shall be named 1st Avenue.

(i). The public road running east and west through Weislogel's Addition from the east edge of the Illinois Central Railway right of way, east through Hickman's First Addition, shall be named 2nd Street South.

(j). The public road running east and west from the east edge of Lot 4, Weislogel's Second Addition, east through Hickman's First Addition shall be named 1st Street South.

(k). The public road running north and south from the south edge of Roosevelt Street to the north edge of 1st Street South through Weislogel's Second Addition, shall be named 2nd Avenue.

(l). The public road running north and south from the north edge of Roosevelt Street through Auditor's Plat No. 153, Auditor's Plat No. 282 and Moothart's First Addition, shall be named 3rd Avenue.

(m). The public road running southwesterly from the intersection of 1st Street and 2nd Avenue through the Naylor Addition, shall be named Naylor Drive.

(n). The public road running west from Main Avenue to 3rd Avenue through Graham's First Addition, shall be named Laurie Drive.

(o). The public road running west from Main Avenue to 3rd Avenue through Graham's Second Addition, shall be named Donald Drive.

(p). The public road running easterly from the railroad crossing and North Street to the Northeast corner of NW1/4 NW1/4, Section 25, shall be named Burnett Station Road.

SECTION 2. STREETS ESTABLISHED IN THE FUTURE. All north and south streets established after the date of this ordinance shall be designated avenues and all east and west streets shall be designated streets.

CHAPTER 22

SUBDIVISION REGULATIONS

SECTION 1. TITLE. This chapter shall be known, referred to and cited as the "Land Subdivision Ordinance of the City of Alburnett, Iowa."

SECTION 2. PURPOSE. This chapter is to provide for the harmonious development of the City; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the City Plan of Alburnett for adequate open space for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity.

SECTION 3. ESTABLISHING JURISDICTION TO REVIEW.

1. Pursuant to the authority of Section 354.9 of the Code of Iowa, the City does hereby extend its authority to review subdivisions outside the City's boundaries for a distance of two (2) miles from the City's boundaries.

2. All subdivisions of land within two (2) miles of the boundaries of the City shall be subject to the provisions of this chapter.

SECTION 4. DEFINITIONS. For the purpose of this chapter, certain words used herein are defined as follows.

1. "Alley" means minor ways that are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

2. "Arterial streets and highways" means those which are used primarily for fast or heavy traffic.

3. "Collector streets" means streets that carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

4. "Commission" means the Planning and Zoning Commission of the city.

5. “Major subdivision” means any subdivision which in the opinion of the Council does not for any reason meet the definition of a minor plat.

6. "Marginal access streets" means minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through-traffic.

7. "Minor streets" means those streets that are used primarily for access to the abutting properties.

8. “Minor subdivision” means any subdivision, which contains not more than four (4) lots fronting on an existing street and does not require construction of any public improvements and which does not adversely affect the remainder of the parcel.

9. Streets" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

10. "Subdivision" means the division of a parcel of land into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. "Subdivision" includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided.

SECTION 5. PLATS.

1. Plat Required. It is unlawful for the owner, agent, or persons having control of any land within the corporate limits of the City, or within two miles thereof of its corporate limits, to subdivide or lay out such land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the State of Iowa and the provisions of this chapter. The owner of any tract or parcel of land, which has been subdivided or shall hereafter be subdivided, surveyed or platted into two (2) or more parts, for any purpose, shall cause a plat of such area to be made in the form, and containing the information, as hereinafter set forth, before sale or conveyance of any lot, before commencing construction on any lot therein and/or before recording the plat. No tract or parcel of land shall be divided into three (3) or more parts, whether the result of a single division or series of divisions, unless such plats follow the subdivision procedures and requirements as prescribed by this chapter. For purposes of this section, a tract or parcel shall be considered to have been subdivided if there has been any previous division of the original forth (40) acres aliquot part, as defined by Iowa Code Section 354.2, in which the tract or parcel is located in whole or in part. A plat of a tract or parcel containing more than one (1) lot, which is reconfigured into a tract or parcel containing the same number, or fewer lots shall follow the subdivision procedures and requirements as prescribed by this chapter. However, if the tract or parcel was not subject to the approval of the Council when previously divided, or if the tract or parcel is reconfigured into a tract or parcel containing either one (1) or two (2) lots, the plat shall follow the simple division procedures and requirements as prescribed by this chapter.

A. Present a plat prepared by a Registered Land Surveyor under the laws of the State of Iowa.

B. The City shall receive a copy of the recorded plat.

C. The plat shall bear the endorsement of;

(1) Owners and proprietors, and spouses, if any.
(2) A statement from mortgage or lien holder, if any, that the plat is prepared with their free consent.
(3) Alburnett Planning and Zoning Commission
(4) County Auditor.
(5) County Assessor.
(6) County Treasurer.
(7) County Recorder.
(8) Certification of Examination of Abstract and Attorney’s Opinion.
(9) Resolution by the City approving said plat.

1. Provided, however, the owner of existing lots of record, where all improvements, such as streets and utilities have been installed by the developer and accepted by the City, may convey a portion of said existing lot of record by a metes and bounds description if such description is found to be acceptable by the County Recorder and the County Auditor. Such conveyance must leave the remaining property with sufficient property to meet existing setback requirements for any existing buildings on said property or uses of said property.

2. Minor/Major Subdivisions. The owner and subdivider of any major subdivision shall comply with the requirements for the preliminary and the requirements of the final plat. The owner and subdivider of a minor subdivision may elect to omit the submission of the preliminary plat.

3. Plans and Data. Previous to the filing of an application for conditional approval of the preliminary plat (general subdivision plan), the subdivider shall submit to the Commission plans and data as specified in Section 19.08 of this chapter. This step does not require formal application, fee, or filing of plat with the Commission. Within thirty (30) days the Commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of these regulations. When the Commission finds the plans and data do not meet the objectives of these regulations it shall give its reasons therefore.

4. Procedure for Conditional Approval of Preliminary Plat. The procedures for conditional approval of a preliminary plat are as follows:

A. Preparation of Materials. On reaching conclusions informally as recommended in subsection two (2) regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in Section 19.08 of this chapter.

B. Copies and Written Application. Five (5) copies of the preliminary plat and supplementary material specified shall be submitted to the Commission with written application for conditional approval at least seven (7) days prior to the meeting at which it is to be considered.

C. Commission Conditional Approval. Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Commission shall, within thirty (30) days, act thereon as submitted, or modified, and if approved, the Commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefore.

D. Location of Copies of Decision. The action of the Commission shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Commission.

4. Limitations. Conditional approval of a preliminary plat shall not constitute approval of the final plat (subdivision plat). Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Commission and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any. The approval of a preliminary plat by the Council shall be valid for a period of two (2) years from the date of such approval, after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity by the Council.

5. Procedure for Approval of Final Plat. The procedures for approval of a final plat are as follows:

A. Conforming of Final Plat. The final plat shall conform substantially to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

B. Application. Application for approval of the final plat shall be submitted in writing to the Commission at least seven (7) days prior to the meeting at which it is to be considered.

C. Limitations. Five copies of the final plat and other exhibits required for approval shall be prepared as specified in Section 19.08, and shall be submitted to the Commission within twelve (12) months after approval of the preliminary plat; otherwise, such conditional approval shall become null and void unless an extension of time is applied for and granted by the Commission.

D. Final Approval. Within thirty (30) days after application for approval of the final plat, the Commission shall approve or disapprove it. If the Commission approves, it shall attach a resolution recommending approval to the plat together with the certified signature of its Chairperson and Secretary. If it disapproves, it shall state its reasons in its own records and provide the applicant with a copy. After approval of the final plat by the Commission, and the fulfillment of the requirements of these regulations, one copy shall be submitted to the Clerk for approval by the Council.

E. Action of the Council. Upon receipt of the certification by the Clerk, the Council shall, within a reasonable time, either approve or disapprove the final plat.

(1) In the event that the plat is disapproved by the Council, such disapproval shall be expressed in writing and shall point out wherein said proposed plat is objectionable.
(2) In the event that the plat is found to be acceptable and in accordance with this chapter, the Council shall accept the same.
(3) The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat. The subdivider or owner shall cause such plat to be recorded in the office of the County Recorder of the County where the land to be subdivided is located, and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect. However, said resolution shall not be delivered to the subdivider for recording until such time as the subdivider signs acceptance of the terms of the resolution and provides the required security to the City.
(4) Approval of the final plat by the City shall be ineffective if the plat and attachments are not recorded by the owner in the Office of the County Recorder within one year of the date of approval.

SECTION 6. DESIGN STANDARDS.

1. Streets. Design standards for streets are as follows:

A. Conformity. The arrangement, character, extent, width, grade, and location of all streets shall conform to the general community master plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relations to the proposed uses of the land to be served by such streets.

B. Alternatives. Where such is not shown in the general community master plan, the arrangement of streets in a subdivision shall either:

(1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(2) Conform to a plan for the neighborhood approved or adopted by the Commission to meet a particular situation where topographical or other conditions make continuance of conformance to existing streets impracticable.

C. Minor Streets. Minor streets shall be laid out to be used primarily for access to the abutting properties.

D. Subdivision Abutments. Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

E. Right-of-way. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

F. Controlling Access Strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Commission.

G. Street Jogs. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided where possible.

H. Tangents. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial collector streets.

I. Deflecting Streets. When connection street lines deflect from each other at any point by more than ten (10%) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than one hundred feet (100) for minor and collector streets, and of such greater radii as the Commission shall determine for special cases.

J. Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street at less than sixty (60) degrees.

K. Street Widths. Street right-of-way widths shall be as shown in the general community master plan and where not shown therein shall be not less than sixty-six (66) feet.

L. Half-streets Prohibited. Half-streets are prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

M. Dead-end Streets. Dead-end streets, designed to be so permanently, shall not be longer than five hundred (500) feet and shall be provided at the close with a turnaround having an outside roadway diameter of at least eighty (80) feet and a street property line diameter of at least one hundred twenty (120) feet.

Where phased construction of a subdivision creates a temporary dead end street, a temporary gravel surface for turn around shall be constructed at the subdivider’s expense. A dedicated easement shall be provided which would be vacated when further development eliminates the need for the turnaround.

N. Street Names. No street names shall be used which duplicate or may be confused with the names of existing Streets. Street names shall be subject to the approval of the Commission.

O. Street Grades. Street grades shall not exceed the following, with due allowance for reasonable vertical curves, maximum six (6%) percent on arterial and collector, eight (8%) percent on minor. No street grade shall be less than 0.4 percent. When existing site topography is impractical with regard to maximum street grade, a variance maybe requested.

2. Alleys. Design standards for alleys are as follows:

A. Alleys Provided. Alleys shall be provided in commercial and industrial districts except that the Commission may waive this requirement where other definite and assured provisions are made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

B. Alley Width. The width of an alley shall be twenty (20) feet.

C. Alley Intersections. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, comers shall be cut off sufficiently to permit safe vehicular movement.

D. Dead-end Alleys. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as determined by the Commission.

3. Easements. Design standards for easements are as follows:

A. Utility Easements. Easements across lots shall be provided for utilities where necessary and shall have a minimum width of twenty (20) feet, which may be centered on rear or side lot lines. Side yard easements for water, sewer and storm sewer shall be avoided.

B. Storm Water Easements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm sewer easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.

4. Blocks. Design standards for blocks are as follows:

A. Length, Width and Shape. The length, width and shape of Blocks shall be determined with due regard to:

(1) Provisions of adequate building sites suitable to the special needs of the type of use contemplated.
(2) Zoning requirements as to lot sizes and dimensions;
(3) Needs for convenient access, circulation, control and safety of street traffic;
(4) Limitations and opportunities of topography.
B. Block Length Limitations. Block lengths shall not exceed one thousand three hundred (1300) feet or be less than three hundred thirty (330) feet.

C. In blocks over seven hundred (700) feet in length, the Commission may require a public right of way or an easement at least ten (10) feet in width, or at or near the center of the block, for use by pedestrians.

5. Lots. Design standards for lots are as follows:

A. Lot Size and Shape. The lot size, width, depth, shape, and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

B. Minimal Standards on Lot Sizes. Lot dimensions shall conform to the requirements of Chapter 21 of the Code of Ordinances, and:

(1) Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities by the type of use and development contemplated.

C. Corner Lots. Comer lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

D. Lot Access. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

E. Double or Reverse Frontage. Double frontage and reverse frontage lots should be avoided.

F. Side Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.

6. Public Sites and Open Spaces. In subdividing property, consideration shall be given to suitable sites for schools, parks or playgrounds and shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency. An area in the subdivision equal to 500 square feet per lot (0.011 acres per lot) shall be set aside and dedicated to park development for public use.

SECTION 7. REQUIRED IMPROVEMENTS.

1. Monuments. Monuments shall be placed in accordance with Iowa Code Section 355 at all lot corners, angle points, points of curve in streets.

2. Utility and Street Improvements. Utility and street improvements shall be as follows:

A. Public Water. Water mains shall be installed by the subdivider at the subdivider's expense in accordance with regulations and stubbed into each lot line with a shut-off valve at the end of the stub. Shut off valves shall be installed at suitable spacing on all mains. Where possible, mains shall be installed in the street right-of-way behind back of curb. Fire hydrants with shut-off valves shall be installed on mains at a spacing not to exceed six hundred (600) feet.

Construction must be under the supervision of the City Superintendent or City Engineer and approved by the City Superintendent or the City Engineer to the Council in writing.

Plans for water mains shall be prepared by a licensed engineer and shall be approved by the Council. Plans of improvements as constructed must be filed with the City Coordinator before final approval is given.

B. Sanitary Sewer. Sanitary sewer mains shall be installed at the subdivider's expense in accordance with City and State regulations and shall be stubbed into each lot line at the time of installation of the sewer lines. Where possible, sewer mains shall be installed in the street right-of-way behind back of curb with manholes in the street surface. Plans and specifications for sanitary sewer shall be prepared by a licensed engineer and shall be approved by the Council. All improvements shall be under the supervision of a qualified inspector.

C. Streets. Arterial streets shall be of width as approved by the Council. Collector streets shall be a minimum width of seventy (70) feet with a minimum forty-one (41) foot roadway. Minor streets shall be a minimum width of sixty-six (66) feet right-of-way, with a minimum twenty-eight (28) foot roadway.

D. Curb and Gutter. Curb and gutter (two and one half feet wide) shall be installed at the subdivider's expense according to plans and specifications prepared by a licensed engineer and approved by the Council.

E. Surfacing.

(1) All streets will be constructed to grade and have controlled drainage through the use of concrete curb and gutter.
(2) All streets shall be hard-surfaced with Asphaltic Cement Concrete Pavement (ACC) or Portland Cement Concrete Pavement (PCC). The Council reserves the right to determine the pavement surface at the Council's discretion. Any street improvement may be waived by a vote of three-fourths (3/4) of all members of the Council.
(3) Pavement design shall be certified by a Civil Engineer licensed in the State of Iowa and designed to the minimum standards as listed:

MINOR STREETS (28 feet wide)

ACC Pavement

Surface

Subbase shall be a minimum of nine (9) inches of macadam base with three (3) inches Class A crushed stone. Subbase type shall be or adequate design to support traffic on a four (4) inches asphaltic concrete surface.

PCC Pavement

Surface

Subgrade of adequate strength to support traffic on a seven (7) inch Portland cement concrete surface with a minimum of six (6) inches of crushed stone base.

MAJOR STREETS (41 feet width)

ACC Pavement

Surface

Subbase shall be a minimum of nine (9) inches of macadam base with three (3) inches Class A crushed stone. Subbase type shall be or adequate design to support traffic on a six (6) inches asphaltic concrete surface.

PCC Pavement

Surface

Subbase of adequate strength to support traffic on a (8) eight Portland cement concrete surface with a minimum of eight (8) inches of crushed stone base. Additional thickness may be required if deemed as an arterial way.

F. Alleys. Alleys shall be constructed to grade and surfaced full width with three (3) inches of crushed rock at the subdivider's expense.

G. Storm Sewer. Storm sewer system and other drainage improvements shall be installed at the subdivider's expense in accordance with plans and specifications prepared by a licensed engineer and approved by the Council, Storm drainage systems shall take into consideration two separate design storms (1) minor storm of five (5) year recurrence interval to size storm sewer pipes, inlets, street gutters and small swales; (2) major storm of one hundred (100) year recurrence interval to analyze flows in excess of the minor system facilities and which are designed to protect against loss of life or serious substantial property damage.

H. Storm Water Detention. Storm water detention basins may be required on a case-by-case basis, depending on the area being developed and the total drainage basin involved.

I. Sidewalks. Permanent sidewalks shall be installed in new subdivisions. Sidewalks shall be a minimum of four (4) feet in width and four (4) inches thick. Where widths in excess of four (4) feet are required the City will pay the added cost.

J. Street Trees. Street trees may be planted in park lines according to City specifications.

K. Standards in Flood Hazard Areas. In a Floodway or Floodway Fringe Overlay District new or replacement water to supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems shall be located so as to avoid impairment of them or contamination from beyond applicable environmental control limits during flooding.

L. Alternative Systems for Water and Sewer. Where connection to City sewer and/or water systems cannot reasonably be made, the City may approve alternate facilities for distribution of water or the collection and disposal of sanitary wastes. Such alternate systems shall be designed and constructed and operated to fully protect the public health, safety and welfare, and shall meet all requirements of the State, County or other applicable regulations.

3. Improvement Inspection. The City Superintendent or the City Engineer shall observe construction of all improvements set out in this section. The subdivider shall be responsible for all cost related to the inspection of such public improvements.

SECTION 8. PLANS AND DATA. Pre-application plans and data shall be as follows:

1. General. The application shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in subsection 2 of this section. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, and other public areas, proposed covenants, utilities and improvements.

2. Plans. A plan or topographic survey may be presented and show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be freehand pencil sketch made directly on a print of the topographic survey. In any event the sketch plan shall include either the existing topographic data listed in subsection 3, or such of these data as the Commission determines necessary for its consideration of the proposed sketch plan.

3. Plans and Data for Conditional Approval. The items set out in this subsection are required for a preliminary plat to be considered.

A. Topographic Data. Topographic data required as a basis for the preliminary plat shall include existing conditions as follows except when otherwise specified by the Commission:

(1) Boundary lines: bearings and distances.
(2) Easements: location, width and purpose.
(3) Streets on and adjacent to the tract: name and right-of- way width and location; type, width and elevation of surfacing; and legally established centerline elevations; walks, curbs, gutters, culverts, etc.
(4) Utilities on and adjacent to tract location: size and invert elevation of sanitary storm and combined sewer; location and size of water mains; location of gas lines; fire hydrants, electric and telephone poles, and street light; if water mains and sewers are not on or adjacent to the tract, indicate the directions and distance to, and size of nearest ones, showing invert elevation of sewers.
(5) Ground elevations on the tract, based on a datum plane approved by the Council: for land that slopes less than approximately two (2%) percent show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred (100) feet apart in all directions; for land that slopes more than approximately two (2%) percent, either show contours with an interval of not more than five (5) feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet if necessary because of irregular land or need for more detained data for preparing plans and construction drawings;
(6) Other conditions on the tract: watercourses, marshes, rock outcrop, wooded areas, isolated preserveable trees one foot or more in diameter, houses, barns, shacks, and other significant features.

B. Preliminary Plat. The preliminary plat shall be prepared by a licensed engineer and land surveyor, as applicable, at a scale of two hundred feet to one inch (200' = 1”) or larger, preferred scale of one hundred feet to one inch (100' = 1"). It shall show all existing conditions required in subsection A above, and shall show proposals including the following:

(1) Streets: names, right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any.
(2) Other right-of-way or easements; location, width and purpose.
(3) Location of utilities, if not shown on other exhibits.
(4) Lot lines, lot numbers and block numbers.
(5) Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses.
(6) Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.
(7) Minimum building setback lines.
(8) Site data, including number of residential lots, typical lot size, and acres in parks, etc.
(9) Title, scale, north arrow, and date.

C. Other Preliminary Plans. When required by the Commission, the preliminary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalk; and preliminary plan of proposed sanitary and storm water sewers with grades and sizes indicated. All elevations shall be based on a datum approved by the Council.

D. Draft of Protective Covenants. The subdivider shall file all proposals to regulate land use in the subdivision and otherwise protect the proposed development.

4. Plans and Data for Final Plat Approval. The items set out in this section are required for final plat approval.

A. Final Plat. The final plat shall be prepared by a licensed engineer on sheets suitable for reproduction twenty-four (24) inches wide by thirty-six (36) inches long and shall be at a scale of one hundred feet to one inch (100' = 1") or larger (preferred scale of fifty feet to one inch (50' = 1"). Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in continuous sections satisfactory to the Commission. The final plat shall show or be accompanied by the following:

(1) Boundary location, lot lines, lot corners, tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of lots and other sites; with accurate dimensions, bearings or deflections angles, and radii, arcs, and central angles of all curves as required by Iowa Code Sections 354 and 355.
(2) Name and right-of-way width of each street or other right-of-way.
(3) Location, dimensions and purposes of any easements.
(4) Number to identify each lot or site.
(5) Purpose for which sites, other than residential lots, are dedicated or reserved.
(6) Minimum building setback line on all lots and other sites;
(7) Location and description of monuments.
(8) Names of record owners of adjoining unplatted lands.
(9) Certification by licensed surveyor certifying to accuracy of survey and plat.
(10) Certification of title showing that applicant is the landowner.
(11) A certificate by the owner and spouse, if any, that the subdivision is with their free consent and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgments of deeds.
(12) A statement from mortgage or lien holder, if any, that the plat is prepared with their free consent.
(13) Statement by owner dedicating streets, right-of-way and any sites for public uses.
(14) Title, scale, north arrow, and date.
(15) An opinion from an attorney at law showing that the fee title is in the proprietor and that the land platted is free from encumbrance, or is free from encumbrance other than that secured by a bond as provided in Section 354.11 of the Code of Iowa.
(16) A certificate of the County Treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 of the Code of Iowa.
(17) A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.
(18) A cost estimate from the design engineer or construction contracts for all required improvements.

B. Cross-sections and Profiles. Cross-sections and profiles of streets showing grades approved by the Council are required. The profiles shall be drawn to City standard scales and elevations and shall be based on a datum plane approved by the Council.

C. Certificate by Engineer and Clerk. There shall be a certificate certifying that the subdivider has complied with the following: (1) A certificate by a professional engineer that all improvements have been designed and installed in accord with the requirements of these regulations and with the action of the Commission giving conditional approval of the preliminary plat; and
(2) A certificate by the Clerk certifying that a bond, certified check or irrevocable letter of credit equal to one hundred percent (100%) of the Engineer's estimate of cost or one hundred ten percent (110%) of the total construction contracts has been posted which is available to the City to assure the completion of all required improvements.

D. Protective Covenants in Form for Recording. The protective covenants set out in this section, in form for recording, are required.

E. Other Data. Such other certificates, affidavits, endorsements, or deductions as may be required by the Commission in the enforcement of these regulations.

F. Engineer's Assurance, in Floodway Fringe Overlay District. If the subdivision is located in a Floodway Fringe Overlay District, an assurance by the engineer that:

(1) The subdivision design is consistent with the need to minimize flood damage.
(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards;
(4) If the proposal for development is of five (5) acres or fifty (50) lots, whichever is less, include the regulatory flood elevation.

G. Maintenance Bond. Prior to final approval by the City, the subdivider shall file a maintenance bond equal to ten percent (10%) of the Engineer's estimate of cost for the project that guarantees all required improvements for a period of two (2) years after final acceptance of the subdivision by the city.

H. As-built Drawings. As-built drawings showing the location of all public utilities and service lines are required prior to final acceptance of the subdivision.

SECTION 9. BUILDING PERMITS. The City shall not issue any building or repair permits for any structure on any tract of land required to be platted under the provisions hereof and of Chapter 354 of the Iowa Code, until this chapter has been complied with.

SECTION 10. FILING FEES. The filing fee for a preliminary plat shall be $50.00. The filing fee for final plat shall be $50.00 plus a per lot of $10.00 and shall be paid when the final plat is filed for approval.

SECTION 11. VIOLATIONS AND PENALTIES. Whoever, being the owner or agent of the owner of any land located within or adjacent to the City, knowingly or with intent to defraud, transfers or sells by reference to or exhibition of, or by other use of a plat of subdivision of such land before the final plat has been approved by the Commission, shall forfeit and pay the penalty of not more than one hundred dollars ($100.00) for each lot so transferred or sold or agreed or negotiated to be sold, and a description by metes and bounds shall not exempt the transaction from such penalties. Each day that a violation is permitted to exist constitutes a separate offense.

ORDINANCE # 04-22

AMENDMENT OF CHAPTER 22

SUBDIVISION REGULATIONS

SECTION 1. AMENDMENT. Chapter 19, Subdivision Regulations, of the Municipal Code of the City of Alburnett is hereby amended to include the additional paragraph as follows:

Section 7, Subsection G.

Storm sewer or drain tile shall be installed to serve each lot in the subdivision to provide for connection of sump pumps or footing drains. Piping shall be sized for a minimum of 5 gallons per minute (gpm) per house for up to 50 houses. For over 50 houses piping shall be sized for 250 gpm plus 2.5 gpm per house for each additional house over 50.

SECTION 2. REPEALER. All ordinances, parts of ordinances, and resolutions in conflict with the provisions of this Ordinance Amendment are hereby repealed.

SECTION 3. SEVERABILITY. If any section, provision, or part of this Ordinance Amendment shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Municipal Code as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE. This Ordinance Amendment shall be in full force and effective from and after its final approval, passage, and publication as provided by law.

PASSED and approved this 8th day of November 2004.

CHAPTER 23

SIDEWALK REGULATIONS

SECTION 1. PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

SECTION 2. DEFINITIONS. For user in this chapter the following terms are defined:

1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.

2. “Established grade” mans that grade established by the City for the particular area in which a sidewalk is to be constructed.

3. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

4. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

5. “Portland cement” means any type of cement except bituminous cement.

6. “Sidewalk” means permanent public walks in business, residential or suburban areas.

7. “Sidewalk improvement” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.

8. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

SECTION 3. REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owner to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within a reasonable time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2b 7 e])

SECTION 4. RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.

(Code of Iowa, Section 364.12[2c])

SECTION 5. CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, required the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

SECTION 6. SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of permanent sidewalks upon any street or court in the City an may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.

(Code of Iowa, Sec. 384.38)

SECTION 7. PERMIT REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit for the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work.

SECTION 8. SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provision of this chapter shall be or the following construction and meet the following standards:

1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.

2. Construction. Sidewalks shall be of one-course construction.

3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.

4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

5. Length, Width and Depth. Length, width and depth requirements are as follows:

A. Residential sidewalks shall be at least four (4) feet wide and four 94) inches thick, and each section shall be no more that six (6) feet in length.

B. Business District sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and to more than six (6) feet in length.

C. Driveway areas shall be not less than six (6) inches in thickness.

6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to special circumstances.

7. Grade. Curb tops shall be on level with the centerline of the street which shall be the established grade.

8. Elevations. The street edge of the sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (1/2) inch above the curb for each foot between the curb and the sidewalk.

9. Slope. All sidewalks shall slope one-quarter (1/4) inch per foot toward the curb.

10. Finish. All sidewalks shall be finished with a “broom” finish.

11. Ramps for persons with Disabilities. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least thirty (30) inches wide, shall be sloped at not greater that one (1) inch of rise per twelve (12) inches lineal distance, except that a slope no grater than one inch or rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for persons with disabilities using the sidewalk.

(Code of Iowa, Sec. 216C.9)

SECTION 9. BARRICADES AND WARNING LIGHTS. Whenever any material of any kinds is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in that street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

SECTION 10. FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

SECTION 11. INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

SECTION 12. ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of council.

SECTION 13. OPENING AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclosed any portion of a sidewalk with a railing without permission by resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

SECTION 14. FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

SECTION 15. DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.

(Code of Iowa, Section 716.1)

SECTION 16. DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, vans trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 364.12[2])

SECTION 17. MERCHANDISE DISPLAY. It is unlawful or a person to place upon or above any sidewalk, any good, or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.

SECTION 18. SALES STANDS. It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from t he Council.

CHAPTER 24

PLANNING AND ZONING COMMISSION

SECTION 1. PLANNING AND ZONING COMMISSION CREATED. There is hereby created a City Planning and Zoning commission, composed of five (5) residents of the City of Alburnett, who shall be qualified by knowledge and experience to act in matters pertaining to the development of City Planning and Zoning. Such members shall be appointed by City Council.

SECTION 2. TERM OF OFFICE. The term of office of said members shall be five years, except that the members first named shall hold office for such terms, not exceeding five years, that the terms of not more that one-third (1/3) of the members will expire in any one years. Any vacancy occurring on the commission, caused by resignation or otherwise, shall be filled by the Council for the unexpressed term. All members of such commission shall serve with out compensation except their actual expenses which shall be subject to the approval of the Council.

SECTION 3. POWERS. Said commission shall have and possess the following powers, and such other powers as may be incidental to the successful carrying out of the powers vested in it herein or such as may be expressly conferred upon it by law:

1. To make such surveys, studies, maps, plans, or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such commission bears relation to a comprehensive plan, and shall submit such plan tot he Council with its studies and recommendation and it may publish the same.

2. To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other structures; the density of size of yards, courts and other open spaces; the density of population; and the location of and use of building structure, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public meetings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council.

3. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it.

SECTION 4. DISCRETIONARY FUND. In lieu of annual appropriations for specific budget line items, the City Council may make an appropriation for the fiscal year to a Discretionary Fund to be administered by the Commission Chairperson. Such Discretionary Fund shall be for such expenses as incurred by the Commission necessary to carry out its mission. The Commission Chairperson shall make a semiannual report to the Council of the Fund’s disbursements and shall make receipts for all expenditures from the fun available to the Council.

CHAPTER 25

MUNICIPAL ZONING

SECTION 1. SHORT TITLE. This chapter shall be known and may be cited as “The City of Alburnett, Iowa, Zoning Ordinance.”

SECTION 2. PURPOSE. The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land and to promote the health, morals, safety, and general welfare in the City of Alburnett, Iowa.

SECTION 3. DEFINITIONS. For the purpose of this ordinance certain terms or words used herein shall be interpreted or defined as follows:

1. Words used in the present tense include the future tense.

2. The singular includes the plural.

3. The word “person” includes a corporation as well as an individual.

4. The word “lot” includes the word “plot” or “parcel”.

5. The term “shall” is always mandatory.

6. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied”.

7. “Structure” means a combination of materials other than a building to form a construction that is safe and stable and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences, signs and chicken coops.

8. A “dwelling” is a building used as the living quarters for one or more families, not including auto courts, rooming homes, or tourist homes.

9. “Building, height of”. The perpendicular distance measured in a straight line from the curb level to the highest point of the roof beams in the case of flat roofs, and to the average of the height of the roof in the case of pitched roofs; the measurements in all cases to be taken through the center of the front the house. Where a dwelling is situated on ground above the curb level such height shall be measured from the level of the adjoining ground, provided the distance from the building to the street line is not less than the height of the adjoining ground above the curb level. Where a dwelling is on a corner lot and there is more than one grade or level, the measurements shall be taken from the mean elevation.

10. “Dwelling, private”. A detached building designed for or occupied exclusively by one family.

11. “Dwelling, two family”. A detached or semi-detached building designed for or occupied exclusively by two families.

12. “Dwelling, multiple”. A building or portion thereof used or designed as a residence for three or more families or households living independently of each other.

13. “Frontage”. All the property abutting upon one side of a street between two intersecting streets, measured along the street line.

14. “Garage”. A building or portion thereof used for housing or care of self-propelled vehicles.

15. “Garage, private.” A garage with the capacity for not more than three (3) self-propelled vehicles for storage only. Provided, however, a private garage may not exceed 900 square feet in area in a residential classification and shall be of wood frame construction in any residential classification.

16. “Garage, public”. A garage other than a private garage used for housing or care of more than four (4) self-propelled vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

17. “Non-conforming use”. A building or land occupied by a use that does not conform with the regulations of the use district in which it is situated.

18. “Setback”. The minimum horizontal distance between the street line and the front line of the building or any projection thereof excluding steps and unenclosed porches.

19. “Story”. That part of any building comprised between any floor and the floor or roof next above. In case any floor or the combined area of floors at any one level extends over less than 20 per cent of the horizontal area included within the outside walls at that level, the same shall not be considered as a floor for the purpose of determining story heights.

20. “Yard”. An open space on the same lot with a building unoccupied and unobstructed from the ground upward except as otherwise provided herein.

21. “Front Yard”. A yard between the building and the front line of the lot, excluding all street and public right-of-way.

22. “Rear Yard”. A yard, unoccupied except by an accessory building as hereinafter permitted, extending across the full width of the lot between the rear line of the building and the rear line of the lot.

23. “Side Yard”. A yard between the building and the sideline of the lot and extending from the street line to the rear yard.

24. “Public Right-of-Way”. The area of a platted street which is no less than sixty (60) feet in width, extending thirty (30) feet in either direction from the center line of the street.

SECTION 4. ESTABLISHMENT OF DISTRICTS. The City of Alburnett, Iowa, is hereby divided into the following types of districts:

1. R-1 Residential District: One family residential district.

2. R-2 Residential District: Two family residential district.

3. R-3 Residential District: Mobile Home Park (see Chapter 26)

4. M-1 Residential District: Multiple family residential district

5. B-1 Business District: Retail business district.

6. I-1 Industrial District: Any type of manufacturing or other similar plant area in the City.

7. A-1 Agricultural District: Agricultural and other permitted uses.

Such districts are bounded and defined as shown on a map entitled “Zoning Map of City of Alburnett, Iowa,” adopted on November 11, 1968, and certified by the City Clerk, which map is hereby made a part of and incorporated into this ordinance with all explanatory matter therein.

SECTION 5. APPLICATION OF REGULATIONS. Except as hereinafter provided:

1. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.

2. No building shall hereafter be erected or altered:

A. To exceed the height;

B. To accommodate or house a greater number of families;

C. To occupy a greater percentage of lot area; or

D. To have narrower or smaller rear yards, side yards, front yards, inner or outer courts than are specified herein for the district in which such building is located.

3. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space similarly required for another building.

SECTION 6. ADMINISTRATION AND ENFORCEMENT. This ordinance shall be enforced by the Mayor or Building Inspector or such other person or agency designated by the City Council for that purpose. No building permit or certificate of occupancy shall be issued by him except where the provisions of this ordinance have been complied with.

SECTION 7. PERMITS AND CERTIFICATES OF OCCUPANCY. No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy and a building permit shall have been issued by the building inspector in accordance with the provisions of this ordinance and the building code.

SECTION 8. BOARD OF ADJUSTMENT CREATED. A Board of Adjustment is hereby created. The Board of Adjustment shall consist of five members, each to be appointed for a term of five years, excepting that when the Board shall first be created one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. The Board shall elect a chairman from its membership, and appoint a secretary. A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Matters of procedure, powers, and judicial review relating to this Board are regulated by statute.

SECTION 9. POWERS OF BOARD OF ADJUSTMENT. The Board of Adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance chapter.

2. To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance.

3. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

SECTION 10. REVIEW OF VARIANCES BY CITY COUNCIL. Variances granted by the Board of Adjustment shall be reported by the chairperson of the Board to the next regular meeting of the City Council. The effective date of a variance granted by the Board of Adjustment shall be immediately following such meeting of the City Council. The City Council may remand a decision to

grant a variance to the Board of Adjustment for further study. The effective date of the variance is delayed for thirty days from the date of the remand. Appeal of a final decision of the Board of Adjustment shall be by petition to a court of appropriate jurisdiction.

SECTION 11. GENERAL PROCEDURES FOR BOARD OF ADJUSTMENT.

Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Decisions by the Board shall require an affirmative vote of at least three members of the Board. The Board shall keep minutes of its proceedings, showing the vote of each member, or if absent or failing to vote, indicating such fact, and shall keep records of

its examinations and other official actions. All such materials shall be public record.

SECTION 12. NONCONFORMING BUILDINGS AND USES. The lawful use of any building or land existing at the time of the enactment of this ordinance may be continued although such use does not conform with the provisions of this ordinance. However, a nonconforming use which is permitted to continue under this Section may not be substantially altered in a manner which would result in an increased negative impact on surrounding land users in that zoning district.

SECTION 13. ABANDONMENT. Whenever a nonconforming use has been discontinued for a period of two years, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this ordinance.

R-1 RESIDENTIAL DISTRICTS

SECTION 14. R-1 RESIDENTIAL DISTRICTS. The following uses of land are permitted in all R- 1 Residential Districts:

1. One family dwelling units.

2. Churches and places of worship and parochial schools.

3. Public Schools, public libraries, parks, playgrounds.

4. Greenhouses and customary agricultural operations, but no livestock or fowl are to be raised in the district.

5. Small home occupations, provided that there shall be no signs or other evidence of such use other than a small announcement or professional sign not over two square feet in size, and the operation does not violate any of the provisions of City Ordinance Chapter 8, Public Offenses.

6. Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity conducted as a business.

SECTION 15. DENSITY OF POPULATION. Lot area in R-1 residential districts shall not be less than 8,000 square feet and lot width not less than 80 feet. There shall be no more than one dwelling placed on each lot of the above size.

SECTION 16. PERCENTAGE OF LOT COVERED BY BUILDINGS, DWELLINGS AND OTHER STRUCTURES. All dwellings or other structures, including accessory buildings located in R-1 residential districts, shall not cover more than 40 percent of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

SECTION 17. HEIGHT OF BUILDINGS. No dwelling or other structure shall be erected to a height in excess of 35 feet.

SECTION 18. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have front, side, and rear yards not less than the following depth and width:

1. Front yard depth of 25 feet.

2. Each side yard width of 7 feet, total side yards of 14 feet except that a detached garage may be located within 4 feet of a side lot line.

3. Rear yard depth of 25 feet.

4. Buildings on corner lots must be set back 25 feet on the side street as well as the front street.

R-2 RESIDENTIAL DISTRICTS

SECTION 19. R-2 RESIDENTIAL DISTRICTS. The following uses of land are permitted in all R-2 Residential Districts:

1. All uses permitted in R-1 residential districts subject to all the restrictions specified in R-1 districts.

2. Rooming and boarding houses, bed and breakfast tourist homes.

3. Hospitals and sanitariums.

4. Cemetery and the necessary incidental structures with the approval of the Board of Adjustment and subject to such conditions as are deemed appropriate by such board.

5. Customary agricultural operations including a garden, nursery, greenhouse, and usual farm buildings, subject to the following restrictions:

A. No building in which farm animals are kept shall be closer than 200 feet to any adjoining lot line.

B. No storage or manure or odor or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.

C. No greenhouse heating plant shall be operated within 75 feet of any adjoining lot line.

D. No products shall be publicly displayed or offered for sale from the roadside.

6. Public utility structures necessary for the service of the area.

7. One sign advertising the sale or rent of buildings upon which it is located. Such sign shall not exceed six (6) square feet in area and shall be distant from the street line not less than one-half the front yard depth.

8. Two family dwellings.

9. Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business, unless otherwise provided for.

SECTION 20. DENSITY OF POPULATION. Lot area shall not be less than 5,000 square feet and lot width not less than 50 feet. There shall be no more than one dwelling placed on each lot of the above size.

SECTION 21. PERCENTAGE OF LOT COVERED BY BUILDINGS, DWELLINGS, AND OTHER STRUCTURES. All dwellings or other structures, including accessory buildings located in R-2 residential districts, shall not cover more than 40 percent of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

SECTION 22. HEIGHT OF BUILDINGS. No dwelling or other structure shall be erected to a height in excess of 45 feet or exceed 3 stories, unless hereinafter provided.

SECTION 23. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have front, side, and rear yards not less than the following depth and width:

1. Front yard of 25 feet.

2. Each side yard width of 5 feet.

3. Rear yard depth of 25 feet.

4. Buildings on corner lots must be back 25 feet on the side street as well as the front street.

SECTION 24. REQUIRED COURT DIMENSIONS.

1. The width of any outer court shall not be less than two-thirds the height of any opposing wall forming said court, and the depth shall not be greater than one and one-half times the width.

2. The least dimension of an inner court shall be not less than the full height of the walls forming such court, but in no case less than 50 feet.

SECTION 25. DISTANCE BETWEEN BUILDINGS ON SAME PLOT. No principal buildings shall be closer to any other principal building than the average of the heights of said buildings.

SECTION 26. AUTOMOBILE STORAGE OR PARKING. There shall be provided automobile storage or parking spaces equal to not less than one and one-half automobile parking spaces for each family unit in such structure provided, however, that no front yard shall be used for the open air parking or storage of any motor vehicle.

R-13 MOBILE HOME RESIDENTIAL DISTRICTS

SECTION 1. Refer to Chapter 26 of this Code of Ordinance.

M-1 MULTIPLE FAMILY RESIDENTIAL DISTRICTS

SECTION 27. M-1 MULTIPLE FAMILY DISTRICTS. The following uses of land are permitted in all M-1 residential districts:

1. Any use permitted in the R-1 or R-2 residential districts.

2. Fraternity and sorority houses.

3. Multiple family dwellings.

4. Accessory buildings customarily incidental to any of the above uses not involving the conduct of a business, including private storage garages.

SECTION 28. DENSITY OF POPULATION. Lot area in M-1 residential districts shall not be less than 10,000 square feet and lot width not less than 100 feet. There shall be no more than one dwelling placed on each lot of the above size.

SECTION 29. PERCENTAGE OF LOT COVERED BY BUILDINGS, DWELLINGS, AND OTHER STRUCTURES. All dwellings and other structures, including accessory buildings located in M-1 residential districts, shall not cover more than 40 percent of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

SECTION 30. HEIGHT OF BUILDINGS. No building shall exceed 2 1/2 stories or 35 feet in height.

SECTION 31. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have front, side, and rear yards not less than the following depth and width:

1. Front yard depth of 25 feet.

2. Side yards in M-1 districts shall be as follows:

A. Each two family dwelling shall have a minimum single side yard width of 7 feet and a minimum total side yard width of 14 feet.

B. Each multiple family dwelling shall have a minimum single side yard width of 10 feet and a minimum total side yard width of 25 feet.

C. Buildings on corner lots must be set back 25 feet on the side street as well as the front street.

3. Rear yard depth of not less than 10 percent of the depth of the lot.

SECTION 32. AUTOMOBILE STORAGE OR PARKING. Off street parking must be provided equivalent to 1 1/2 automobile parking spaces, but not less than 40 square feet, for each family unit. The computation as to parking spaces shall be raised to the next highest number, if the original computation ends in a fraction. Parking spaces may not be located within the area of the required front yard. The same parking uses permitted in R-1 or R-2 residential districts shall be the same for M-1 residential districts.

B-1 BUSINESS DISTRICTS

SECTION 33. B-1 BUSINESS DISTRICTS. The following regulations and uses permitted shall apply to all general business districts:

1. All uses permitted in any residential district subject to all the provisions specified for such residential districts.

2. Stores and shops for the conducting of any lawful retail business.

3. Taverns.

4. Personal service shops.

5. Banks, theaters, offices, restaurants.

6. Garages and filling stations upon the approval of the Board of Adjustment and subject to such conditions and safeguards as deemed appropriate by such Board and upon the securing of a permit therefore, subject to the following provisions:

A. Pumps, lubricating or other devices are located at least 20 feet from any street line or highway right-of-way.

B. All fuel, oil, or similar substances are stored at least 35 feet distant from any street or lot line.

7. Wholesale businesses engaged in storing products in bulk and warehouses for such materials as: building material; contractor’s equipment; farm equipment and implements; clothing; drugs; feed; hardware or similar products.

8. The wholesale or bulk storage of petroleum and other explosive or combustible mixtures is permitted subject to conformance to all rules and regulations promulgated by the Fire Chief and fire or safety ordinances pertinent to the storage of such products.

9. Other uses permitted:

A. Advertising signs and billboards
B. Amusement places
C. Apartment houses
D. Auction rooms
E. Bakeries
F. Electric repair shops
G. Freight stations
H. Hotels
I. Laundries
J. Blacksmith and locksmith shops
K. Telegraph and telephone service stations
L. Painting and decorating shops
M. Photographic galleries
N. Plumbing shops
O. Police and Fire department stations
P. Post offices
Q. Printing shop
R. Railroad passenger station
S. Recreation buildings and structures
T. Roofing and plastering shops or both
U. Sales and/or show rooms
V. Shoe repair shops
W. Undertaking establishments
X. Other uses which in the opinion of the Board of Adjustment are of the same general character as those listed above as permitted uses and which will not be detrimental to the district in which they are located.

SECTION 34. DENSITY OF POPULATION. Lot area in B-1 business districts shall not be less than 24 feet in width and 50 feet in depth.

SECTION 35. PERCENTAGE OF LOT COVERED BY BUILDINGS AND OTHER STRUCTURES. No building with its accessory building, to be used for said commercial purposes, shall occupy in excess of 90 percent of the area of the lot.

SECTION 36. HEIGHT OF BUILDINGS. No building shall be erected to a height in excess of 50 feet.

SECTION 37. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have front, side and rear yards not less than the following depth and width:

A. Commercial establishments shall have a rear yard of not less than 10 percent of the depth of the lot and a side yard (if provided) of not less than 3 feet in width.

B. Residential buildings shall have a lot area and lot width, front, side, and rear yards equal to that required in the least restricted district for the same type of dwelling. (R-2 for single family dwellings. M-1 for multi-family dwellings.)

I-1 INDUSTRIAL DISTRICTS

SECTION 38. I-1 INDUSTRIAL DISTRICTS. The following uses and regulations are permitted in all I-1 industrial districts:

1. All uses not otherwise prohibited by law, except any residential use or uses otherwise prohibited by ordinance.

2. Junk yards or automobile wrecking yards, scrap iron, scrap paper or rag storage. Sorting or baling must be enclosed within a fence, or by other means of concealment as approved by the Board of Adjustment.

SECTION 39. USES PROHIBITED. All uses of land, buildings, and structures or industrial processes are prohibited that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or similar substances or conditions. And, in general, those uses which have been declared a nuisance in any court of record, or which may be unreasonable, obnoxious, unhealthful, or offensive by reason of the emission of odor, dust, smoke, or noise.

SECTION 40. REVIEW BY BOARD OF ADJUSTMENT. The above prohibitions are subject to review by the Board of Adjustment and such uses may be permitted, if approved by the Board and subject to the securing of a permit therefore and to such conditions, restrictions, and safeguards as may be deemed necessary for the purpose of protecting the health, safety, morals, or general welfare of the community.

SECTION 41. HEIGHT OF BUILDINGS. No building in this district shall exceed three stories or 45 feet in height.

SECTION 42. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have a front yard not less than 25 feet in depth.

A-1 AGRICULTURAL DISTRICTS

SECTION 43. A-1 AGRICULTURAL DISTRICTS. The following uses of land are permitted in all A-1 agricultural districts:

1. Agricultural uses for general farming, including general agricultural activities, truck farms, nurseries, green houses, orchards, boarding and riding stables, and kennels, provided:

A. Any sales of products not raised or produced on the premises shall be clearly subordinate to sales of products raised or produced on the premises.

B. No poultry or livestock shall be housed, kept, or confined within 100 feet of any residence or residential zoning district.

C. Only animals raised on the premises may be rendered, slaughtered, or dressed.

2. Residential uses as follows:

A. Single family detached dwellings.

B. Home occupations.

3. Public, quasi-public, and governmental buildings and facilities as follows:

A. Golf courses and country clubs when located on at least 10 acres, but not including commercial driving ranges, pitch and putt, or miniature golf courses.

B. Public parks and playgrounds, public and private game and forest preserves, and similar conservation facilities.

4. Churches, synagogues, chapels, and similar places of religious worship and instruction, when located in a permanent structure on a site of at least one acre.

5. Public elementary, junior high, and senior high schools and private non-boarding schools having a curriculum similar to that in the permitted public schools.

SECTION 44. DENSITY OF POPULATION. Lot area in A-1 agricultural districts shall not be less than one acre and minimum lot width shall be 150 feet.

SECTION 45. HEIGHT OF BUILDINGS. No building in this district shall exceed 35 feet in height.

SECTION 46. YARDS, COURTS, AND OTHER OPEN SPACES. Each lot shall have a front and side yard not less than the following depth and width:

1. Front yard depth of 50 feet.

2. Side yard width of 10 feet.

3. Buildings on corner lots must be set back 50 feet on the side street as well as the front street.

SECTION 47. AMENDMENTS TO THIS CHAPTER. The boundaries of districts as now established and the regulations thereof may be amended, supplemented, changed, or repealed by the City Council from time to time either upon its own motion or upon recommendation of the Planning and Zoning Commission. Provided:

1. No such amendment, supplement or change shall be adopted until after a notice thereof is duly posted or published by the law of this State.

2. When a proposed amendment, supplement, or change does not originate with the Planning and Zoning Commission, the same shall be submitted to said Commission thirty (30) days in advance of the date on which action is taken, for its recommendation thereon.

3. This requirement shall not act as a stay upon the proposed action by the City Council where said Commission fails to submit its recommendation to the Council within thirty days after receiving written notice requesting the same.

FENCES AND HEDGE REGULATIONS FOR ALL ZONING DISTRICTS

SECTION 48. FENCE AND HEDGES REGULATIONS.

1. Fences and hedges when located within a front, side or rear yard, or within five (5) feet of a lot line shall be subject to the following location and height restrictions:

A. No portion of a fence shall exceed seven (7) feet in height.

B. Fence and hedges shall be located so no part thereof is within three (3) feet of an alley or three (3) feet of a street right of way.

C. In residential districts, fences within the front yard shall not exceed four (4) feet in height.

D. Before issuing a non-fee permit for a fence proposed to be located on a lot-line that is shared by two Different property owners, the City of Alburnett will require the following conditions to be met:

(1) The owners of the properties that share the lot-line on which the proposed fence will be located must sign a written agreement that outlines the material the fence will be constructed from, the location of the fence, the height of the fence, and the agreement of both property owners to all of the above conditions.

(2) The agreement must then be filed with the County Recorder.

(3) A copy of the agreement and proof of its filing with the County Recorder must be presented to the City Official responsible for the issuing of fence permits before the permit will be issued.

(4) If agreement cannot be reached between the property owners on a shared lot-line fence, any fence constructed on either property must be a minimum of three (3) feet from said shared lot-line.

2. Fenced enclosures shall be provided for outdoor swimming pools with a depth of eighteen (18) inches or more, and shall be subject to the following requirements:

A. Fences must be a t least four (4) feet in height from ground level but not to exceed seven (7) feet from the top rim of the pool, and have no spaces that would allow a four (4) inch diameter sphere to pass through.

B. Fences must have a self-closing and self-latching device on the gate.

C. Fences must be located so not part thereof is within three (3) feet of an alley or three (3) feet of a street right-of-way.

3. Barbed wire and electric fences shall be subject to the following requirements:

A. Barbed wire and electric fences shall not be allowed in residential or commercial zones.

B. Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) of a street right-of-way where a public sidewalk does not exist.

C. Electric fences shall not be permitted in any district except for the enclosure of livestock operations in Agricultural zones. (A-1).

D. No electric fence shall carry a charge greater that twenty-five (25) milliamperes nor a pulsating current longer that one-tenth (1/10) per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.

4. Visibility at Intersection:

On a corner lot in any agricultural or residential district, no fence, wall, hedge or other planting, signs or structure that will obstruct vision between a height of tow and one-half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting street shall be erected, placed or maintained within the triangular area formed, the right-of-way lines as such corner and a straight line joining said right-of-way lines at points which are twenty-five (25) feet distant from the intersection of the right-of-way lines, and measured along the right-of-way lines.

5. Temporary Fencing

No permit will be required for temporary fencing.

CHAPTER 26

BUILDING CODE

26.01 TITLE. This chapter shall be known and may be referred to as the City of Alburnett Building Codes.

26.02 ADOPTION OF CODES. Except as hereafter modified, those certain Building Codes known as the International Building Code, 2006 Edition, and the International Residential Code for One- and Two- Family Dwellings, 2006 Edition, including Appendix G titled Swimming Pools, Spas and Hot Tubs, as published by the International Code Council, Inc. which codes are hereby specifically incorporated by reference, shall be known as the Building Code. The provisions of said Building Code shall be controlling in the design, construction, quality of materials, erection, installation, addition, alteration, repair, location, relocation, replacement, removal, demolition, use and maintenance of buildings and other structures and in all matters covered by said Building Code within the incorporated limits of the City of Alburnett

26.03 AMENDMENTS TO THE BUILDING CODES. Certain sections, and portions of sections, of the International Building Code, 2006 Edition, (hereinafter IBC), and the International Residential Code for One- and Two-Family Dwellings, 2006 Edition (hereinafter IRC), are hereby modified as set forth in the following sections of this chapter.

26.04 ADMINISTRATION. Chapter 1 of the IRC entitled Administration is deleted in its entirety and replaced with the IBC Chapter 1 entitled Administration as may be modified.

1. Insert the following into IBC Section 101.1 entitled Title: Alburnett, Iowa.

26.05 APPOINTMENT. Amend IBC Section 103.2 entitled Appointment to read as follows:

The Building Official shall be appointed by the City Council and shall serve at the pleasure of the Council. The Building Official shall receive compensation as determined by the City Council as adopted by resolution.

26.06 DEPUTIES. Amend IBC Section 103.3 entitled Deputies to read as follows:

The Building Official may employ such number of deputy building officials, the related technical officers, inspectors, plan examiners and other employees as shall be authorized from time to time. The services of these deputies and their compensation shall be authorized by the City Council.

26.07 WORK EXEMPT FROM PERMIT. Modify IBC Section 105.2, Work Exempt from Permit, Building, by deleting item 1 One-story detached, deleting item 2 Fences and adding the following:

1. One-story Detached Accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and not placed within an easement or 100 year flood hazard area. This does not exempt applicant from providing a site plan for zoning approvals as provided for in Chapter 165 of this Code of Ordinances.

2. Fences installed less than 3 feet high and not within an easement or 100 year flood plain.

26.08 APPLICATION. Add the following items to IBC Section 105.3 entitled Application:

8. Type of waste water system serving the property.

9. Type of potable water system serving the property.

10. Zoning District of the property which work is being requested for.

26.09 ACTION ON APPLICATION. Add the following new paragraphs to IBC Section 105.3.1 Action on Application:

When an application involves new construction or changes of use, the Building Official or deputies shall submit the application to the Zoning Administrator for examination. The Zoning Administrator will provide in writing the Administrator’s findings relative to compliance with Chapter 165 of this Code of Ordinances. The Building Official or deputy shall not issue a building permit unless the written approval from the Zoning Administrator has been received.

It is the Building Official’s or deputy’s responsibility to identify and verify that all approvals are received from other City officials, engineers or other approving jurisdictions. The Building Official or deputy is required to have written documentation of such other approvals on file with the building permit.

26.10 EXPIRATION. Modify IBC Section 105.5, Expiration, by adding new Section 105.5.1 as follows:

105.1 Expiration. Every building permit issued under the provisions of the Code shall expire twelve (12) months from the date of issuance, unless the application is accompanied by a construction schedule of specific longer duration, in which instance the permit may be issued for the term of the construction schedule. If the work has not been completed and approved prior to the expiration date of the permit, the owner or the owner’s agent shall pay a renewal fee. The extension shall be requested in writing and justifiable cause demonstrated. No further work shall be done until such fee is paid and the permit renewed. Extension of any permit will be granted, but not to exceed a maximum period of twelve (12) months beginning at the original permit expiration date, provided no changes have been made in plans or location. The permit renewal fee shall be provided in the schedule of fees set by resolution of City Council. TABLE 3A Building Permit and Inspection Fee Schedule.

26.11 SITE PLAN. Add the following new paragraph to IBC Section 106.2 Site Plan:

The following additional information shall be required on the site plan: any driveways existing or proposed and all easements.

26.12 APPROVAL. Amend IBC Section 106.3.1, Approval of Construction Documents, by deleting the first sentence and replacing with the following sentence:

When the Building Official issues a permit, the construction documents shall be approved, in writing and by stamp indicating they have been reviewed for code compliance.

26.13 SCHEDULE OF PERMIT FEES. Delete IBC Section 108.2, Schedule of Permit Fees, and replace with the following sections:

108.2 Schedule of Fees. On buildings, structures or alternations requiring a permit, a fee for each permit shall be paid as set forth in Table 3A Building Permit and Inspection Fee Schedule as adopted by resolution.

108.2.1 Site Plan Review Fees. When plans or other submittal documents are required by Section 106, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be in addition to the permit fee and in accordance with the fee schedule as established by resolution of the City Council.

108.2.2 Investigation Fees for Work Without a Permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, an investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law in Section 1.14 and /or Chapter 3 of this Code.

26.13 VALUATION. Modify IBC and IRC Section 108.3 adding a new section 108.3.1 as follows:

108.3.1 Valuation. Valuation for the purpose of establishing permit fees for new Construction, additions or alterations to existing buildings shall be determined by the Building Official from the Table 3BValuation Schedule as adopted by resolution.

Table 3B Valuation Schedule shall be used in determining the value of the work being performed. The valuation shall be used in computing the permit fee. Fees shall be the total value of all work for which the permit is issued including but not limited to; finish work, painting, roofing, and any other permanent work or equipment. The total valuation determined by the Building Official shall be used in conjunction with Table 3A Building and Inspection Fee Schedule to determine total permit fees payable to the City of Alburnett.

26.15 RE-INSPECTION FEES. Amend IBC and IRC by adding a new Section 108.6 as follows:

108.6 Re-inspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete, when corrections called for are not made, for failure to provide access on the date for which inspection is requested, when the approved plans are not readily available to the inspector, inspection card is not posted or otherwise available on the work site, for deviations from the plans which would require the approval of the Building Official or the building permit and the property and building address is not properly posted. The re-inspection fee shall be in accordance with the schedule of fees Table 3A Building and Inspection Fee Schedule as established by resolution by the City Council.

This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

26.16 USE AND OCCUPANCY. Delete IBC Section 110.1, Use and Occupancy, and replace as follows:

110.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. When a change in occupancy classification occurs, the Building Official shall notify the Zoning Administrator to review the change for compliance to the Alburnett Code. The Zoning Administrator shall complete the review in a timely manner and provide written documentation of the findings. The certificate of occupancy shall not be released until the Zoning Administrator’s approval has been received. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction.

26.17 CERTIFICATE ISSUED. Modify IBC Section 110.2, Certificate Issued, by adding item 13 as follows:

13. Zoning District of property.

26.18 BOARD OF APPEALS. Modify IBC Section 112, Board of Appeals, and add the following:

112 Board of Appeals.

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Building, Plumbing, Electrical, Mechanical and other related codes. There shall be a Alburnett Building Board of Appeals consisting of five (5) members, none of who are employees of the City. Three members should be experienced in the construction field with at least 10 years of experience and one shall have electrical experience, provided such qualified candidates are available and two (2) members shall be private citizens, all of whom may be residents of Robins. The Building Official or designated representative shall be an ex-officio member without a vote and shall act as secretary of the Board. Each appointment or new appointment shall be for a term of three (3) years, with the terms of not more than two (2) members to expire December 31 of any one year.

The Board shall hold regular meetings on the fourth Tuesday of each month, unless there is no appeal to consider or business to conduct.

The Alburnett Building Board of Appeals shall be appointed by the Mayor subject to approval by the City Council and shall serve without compensation, except mileage. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official for appropriate distribution and filing. The Alburnett Building Board of Appeals shall make recommendations from time to time to the City Council for appropriate legislation with respect to the Building, Mechanical, Electrical and Plumbing and other related Codes. Fees for appeals to the Alburnett Building Board of Appeals shall be provided for in the schedule of fees set by resolution by the City Council.

112.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of the codes they administer or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the codes do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of the codes that they are assigned to oversee.

26.19 CLIMATE AND GEOGRAPHICAL DESIGN CRITERIA. Insert climatic and geographic design criteria in IRC R301.2 (1) as follows:



26.20 GROUND SNOW LOADS. Delete IBC Section 1608.2, Ground Snow Loads, and replace with the following:

1608.2 Ground Snow Loads. The ground snow load to be used in determining the design snow loads for roofs shall be 30 pounds per square foot.

26.21 EMERGENCY ESCAPE AND RESCUE OPENINGS. Modify IRC Section R310.1 Emergency Escape and Rescue Openings by adding an exception for existing basements, as follows:

1. Exception for existing basements. For emergency escape and rescue windows required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves.

26.22 PROFILE.

1. Modify IRC Section R311.5.3.3, Profile, by adding the following exception:

R311.5.3.3 Exceptions 3. The opening between adjacent treads is not limited on exterior stairs.

2. Modify IBC Section 1009.3.2, Profile, by adding the following exception:

IBC 1009.3.2 Exception 3. Solid risers are not required and the opening between adjacent treads is not limited on exterior stairs for Occupancy Groups R-3 and U.

26.23 FOOTING DEPTH. Modify IRC Section R403.1.4.1, Footing Depth, by adding the following exception:

R403.1.4 Exception 3. Slab-on-Grade Foundation. One story detached accessory buildings of wood or steel frame construction, 1,250 square feet in area or less, may have a concrete slab-on-grade foundation. The slab- on-grade shall be a minimum of four inches thick reinforced concrete and shall be thickened at its entire perimeter to a minimum cross section dimension of 10 inches wide by 10 inches high. The thickened portion shall have continuous reinforcing with a minimum of one No. 4 reinforcing bar at the top and bottom. Reinforcement of the slab shall be 6 inches by 6 inches welded wire mesh or a minimum of No. 4 reinforcing bars 24 inches on center both ways and such reinforcing shall extend into the thickened portion. The slab shall be cast monolithically with the thickened portion. Foundations supporting wood shall extend not less than six (6) inches above finish grade. The vertical distance from the top of the slab-on-grade foundation to the lowest point at the base shall not exceed 24 inches.

26.24 FOUNDATION DRAINAGE.

1. Delete IRC Section R405.1, Concrete or Masonry Foundation Drainage, including the exception, and add the following:

R405.1 Foundation Drainage for Masonry or Concrete Foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Perforated drainage pipe not less than 4 inches diameter or equivalent cross section area, or other approved systems or materials, shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Perforated drainage pipe shall be placed on a minimum of 2 inches of ¾ inch minimum washed crushed rock and shall be covered with not less than 6 inches of the same material.

2. R405.2.3 Drainage discharge. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainage system that complies with the following:

A. New Building Construction. All new construction of a principal use on a lot shall provide for connection of sump water discharge to a dedicated City drain tile or storm sewer whenever such drain tile or storm sewer is located immediately adjacent to such lot or located within twenty-five (25) feet thereof in the public right-of-way or a drainage easement.

B. Sump pit located inside building. Exception: Sump pit may be omitted if drainage tile can be designed with natural fall and drain on same property if approved by the Building Official.

C. For each sump pit installed a pump discharge pipe shall be provided running continuous from a point directly outside the sump pit to the City storm sewer or other approved discharge location.

D. Pump discharge pipe shall be installed as per the requirements of the

City of Alburnett Plumbing Code with connections to City’s approved Storm Sewer or 6” subdrain tile as per City of Alburnett Design Standards And Specifications.

E. Installation of sump pump if one is found by the Building Official to be necessary. It shall be equipped to automatically provide for discharge of sump pit water outside the basement wall and to an approved drainage system or to an above grade drainage location approved by the Building Official or City Engineer.

FPN: A sump pump will be considered to be necessary if water inside the sump pit will not recede to a level four inches or more below the lowest basement floor surface by gravity or absorption into the earth within a reasonable period of time.

F. The outlet line from the sump pump shall discharge a minimum of two (2) feet from the outside foundation wall and/or be approved by Building Official.

G. Existing Development. Upon determination that a excessive sump pump discharge above ground occurs, the Building Official or City Engineer may require the property owner to connect a sump water discharge hose or other device to a dedicated City drain tile or storm sewer system, or surface drainage way or slope, provided such drain tile or storm sewer is located immediately adjacent to or located within twenty-five feet (25) thereof, in the public right-of-way or a drainage easement, of the property causing the nuisance.

H. Where ground water conditions warrant, the Building Official may require additional drainage pipe or systems as is deemed necessary.

3.Modify IBC Section 405 to add new section 405.3.3 as follows:

Swimming pools shall be designed and constructed so as to provide for appropriate drainage of water resulting from overfilling, draining, and maintenance operations. The site plan for a proposed swimming pool shall indicate where pool drainage is to be directed in such a manner that:

(A) Swimming pool drainage water shall be directed away from any structure foundation.

(B) Ponding of surface water shall be avoided.

(C) Swimming pool drainage water shall be de-chlorinated before being directed to available drainage tile or storm sewer systems. If the swimming pool water is not de-chlorinated it must be directed to the sanitary sewer at a controlled flow rate approved by the City. Discharge of chlorinated water to the storm water system would be a violation of the EPA Storm Water Discharge Regulations and would result in a municipal infraction for an illicit discharge.

(D) Surface water shall not be discharged to any adjacent property except upon drainage easements or established waterways said easements or waterways should not be altered so that upstream water flow is adversely affected.

(E) Water flow shall be controlled to avoid excessive volume or velocity, which could cause soil erosion or create other possible hazards.

Final graded lots shall comply with the site grading plan and any terms of the memorandum of agreement for the approved subdivision.

26.25 EPARATION ITEM. Modify IBC Section 406.1.4 Separation Item 1 Private Garage by replacing “1/2-inch “ to “5/8-inchCHIMNEY ENCLOSURES. Amend the IBC by adding a new Section 421 and the IRC by adding a new Section R325 as follows:

421/R325 CHIMNEY ENCLOSURES. All enclosed chimneys serving solid fuel burning fireplaces and appliances shall be separated from the structure to which they are attached by installation of materials approved for one-hour fire resistive construction on the chimney side of the enclosure. The separation shall extend from the base of the appliance to the outer roofline.

26.27 WEATHER RESISTANT. Modify IRC Section R703.2, Weather-Resistant Sheathing Paper, by deleting the exception in its entirety.

26.28 IRC TABLE R703.4. Modify IRC Table R703.4 by changing all responses in the column titled SHEATHING PAPER REQUIRED to YES.

26.29 WEATHER PROTECTION. Delete IBC Section 1405.2, Weather Protection, and add the following:

1405.2 Weather Protection. Exterior walls shall provide weather protection for the building. The materials of the minimum nominal thickness specified in Table 1405.2 shall be acceptable as approved weather coverings when installed over an approved water-resistive barrier installed in accordance with section 1404.2.

26.30 ENERGY CERTIFICATE. Amend the IRC, Section N1101.8 to delete in its entirety.

26.31 WINDOW SILLS. Amend the IBC to delete in its entirety Section 1405.12.2 and IRC Section 613.2.

26.32 ENERGY EFFICIENCY. Modify IRC Table N1102.1 by inserting the following values for the City of Alburnett.

TABLE N1102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE)
	MAXIMUM GLAZING U-FACTOR	MINIMUM INSULATION R-VALUE
		Ceilings	Walls	Floors	Basement Walls	Slab Perimeter R-Value and Depth	Crawl Space Walls
	.35	R-38	R-19 or R13 + 5g	R-19	R-10	R-10, 24 inches	R-10

26.33 SPRINKLER SYSTEMS. Delete IBC Section 903.2.7, Group R (Automatic Sprinkler Systems), and add the following:

903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout buildings having a Group R fire area where one of the following conditions exists:

1. A Group R fire area is located more than two stories above grade plane.

2. The building has more than four dwelling units, guestrooms, or combination thereof, of a Group R-1 or R-2 occupancy.

3. The building includes a Group R-4 fire area. For the purposes of this section, any portion of a building separated by one or more firewalls shall not be considered a separate building.

26.34 FIRE ALARMS. Amend IBC Section 907.2.9 by deleting and replacing with the following:

907.2.9 Group R-2. A fire alarm system shall be installed in Group R-2 occupancies where:

1. Any dwelling unit is located three or more stories above the lowest level of exit discharge;

2. Any dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;

3. The building contains 12 or more dwelling units; or

4. Any dwelling unit or portion thereof, is more than one story above any other dwelling unit in the same building.

Exceptions:

1. A fire alarm system is not required in buildings not over two stories in height where all dwelling units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one hour fire partitions and each dwelling unit has an exit directly to a public way, exit or court yard.

2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved, supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or Section 903.3.1.2 and which have a local alarm that meets the notification requirements of Section 907.9.2

For purposes of this section, firewalls shall not define separate buildings.

26.35 HANDRAILS. Modify IBC Section 1009.10, Handrails, by deleting Exceptions 4 and 5, and adding the following exception:

4. Stairs consisting of three risers or less and serving individual dwelling Units in Group R-2 or R-3 occupancies do not require handrails.

26.36 PRIVATE SEWERS AND WATER SERVICE SYSTEMS. No building permit shall be issued until the applicant has provided the Building Official a copy of the approved permit from the authorized issuing jurisdiction for a private waste water system or private water system when such requirements are applicable. This would be considered applicable when the City of Alburnett’s public sanitary sewer or water service systems do not service the property. This shall also apply to developments providing private or public community wastewater management and/or water systems working independent of the City’s public sanitary and water services.

26.37 EROSION CONTROL MEASURES. The applicant of a building permit shall comply with Chapters 158, and 159 of this Code of Ordinances relating to providing and maintaining erosion control measures, including but not limited to erosion control measures, that protect the City streets from silt, soil or debris collecting on the streets, entering storm sewers, public right-of-way open ditches, or any other public or private property. Additional erosion control measures shall be provided and maintained to protect any and all abutting or adjacent properties from debris, soil and silt collecting on said property.

Damages incurred by any party, due to the failure of the applicant to provide or maintain erosion control measures shall be the applicant’s responsibility to restore the affected area to its original state. The Building Official or designee may provide a verbal and/or written notice of such violation to the applicant or authorized representative conducting work under the applicant’s building permit. Failure to comply with the notice shall be cause for issuance of a Stop Work Order and other violations and penalties as allowed for in this code. The City of Alburnett shall assess additional charges to the applicant on a time and material basis for any work performed by the City to cleanup, correct and or restores the public property. A Certificate of Occupancy shall not be released until all fees and penalties have been satisfied.

26.38 OFFICIAL COPIES. Official copies of the Building Codes as hereby adoption and the effective date thereof, are now on file in the office of the City Clerk. Copies of the Building Codes are available at the office of the Clerk, for public inspection and for sale at cost to the public.

26.39 VIOLATIONS AND PENALTIES. The Alburnett Building Code is hereby amended by repealing Section 113.4 of International Building Code, 2003 Edition, and replacing said Section with the following new Section:

113.04 Violations and Penalties. Any person, firm or corporation violating any of the provisions of the Code shall be deemed guilty of a misdemeanor. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof which any violation of any provisions of this Code is committed, continued, or permitted. Upon conviction of any such violations such person shall be punished in a manner provided in Section 1.14 and/or Chapter 3 of the Code of Ordinances.

CHAPTER 27

MOBILE HOME REGULATIONS

SECTION 1. SHORT TITLE. This ordinance may be called “The Mobile Home Ordinance.”

SECTION 2. PURPOSE OF ORDINANCE. This ordinance is intended to guide and regulate the design, use, and intensity of use of mobile homes, and mobile home parks for the safety, convenience and general welfare of mobile home park residents and the residents of contiguous and nearby areas.

SECTION 3. LIMITATION ON USES. The area proposed for a mobile home park shall have at least five acres of gross development area or provide for a minimum of 25 and/or a maximum of 75 mobile home lots. However, such area may be developed in two or more stages, provided that said stages conform in all respects with the overall mobile home park development plan. Occupancy shall not be permitted until all facilities and improvements are installed and operational for not less than twenty-five (25) mobile home lots per stage. However, at no time shall the total number of mobile homes located within the limits of the City of Alburnett exceed 75 units.

The maximum density allowed for the Gross Development Area shall be six (6) mobile home units per gross acre.

SECTION 4. MOBILE HOME PARK DEVELOPMENT PLAN

(a) No mobile home shall be located or altered, or land or water used, nor shall any zoning special permit be issued therefore, unless and until the necessary Mobile Home Park Final Development Plan is officially approved by the City Council. A preliminary development plan sketch (12 copies) shall be submitted to the City Council with the petition for Zoning Special permit. Before issuance of any permit, it shall be the Mayor’s responsibility to ascertain compliance with Section 3 of this ordinance and upon compliance the Mayor shall be the issuing officer.
(b) All mobile homes shall be located and maintained in full conformity with the approved Mobile Home Park Development Plan. The proposed Mobile Home Park Development Plan shall show the dimension, location and area of all use(s), including streets, walkways, parks, school sites and other open spaces. The mobile home final park plan shall be prepared by a landscape architect, architect, engineer or land surveyor, and have the seal of an engineer or land surveyor duly registered to practice in the State of Iowa for that part of the plan so requiring an engineer’s certification.
(c) In recommending upon and approving mobile home parks, the City Council shall consider the location, size, height, spacing, and extent of use of any mobile home and its appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards and open spaces and the relationship to adjacent property. The City Council shall not adopt such mobile home park development plan unless it finds that such plan conforms to all applicable provisions of this Ordinance.

SECTION 5. REQUIRED RESTRICTED COVENANTS AND DEVELOPMENT PLAN PENALTIES

(a) If said mobile home park plan contains no dedication to the City for streets or utilities, or should it be contemplated that the facilities of the City shall not be used for maintenance of streets, sidewalks, water and sewer lines, garbage collection or other related functions; then such owner shall be required to record with such mobile home park plan a covenant that he will maintain said streets, sidewalks, water and sewer lines in compliance with the minimum standards as established by the City of Alburnett, Iowa; and that should he fail to maintain said standards in any of these respects, the City of Alburnett, Iowa, may, after ten (10) days notice to such permit holder, effect all the necessary repairs or improvements as required to maintain said minimum standards and the cost of all these and necessary repairs or improvements shall become a lien against said real estate and enforced and recorded as mechanic’s liens are enforced and recorded against such real estate, and said covenant shall contain the following provision:
“That (name of owner) being the owner or owners of the real estate contained in the above attached mobile home park development plan hereby consents that if they or their assignors, heirs or those holding or owning said land through said owners, fail to maintain the streets, sidewalks, water and sewer mains according to and in compliance with the minimum standards for the maintenance of streets, sidewalks, water and sewer mains as established by the City of Alburnett, Iowa, that after ten (10) days notice in writing to the owner of said land as shown upon the records in the Recorder’s Office of Linn County and at the address therein shown, then said owner, assignees, heirs, and those holding or owning through said owners, hereby authorize the City of Alburnett, Iowa, to make all necessary repairs and perform all necessary maintenance and further authorize the City of Alburnett, Iowa, to file a mechanic’s lien against said real estate and enforce said lien pursuant to laws then applicable.”
(b) Abandonment and Expiration: Upon the abandonment of a mobile home park, or if, upon the expiration of three (3) years from the Special Permit being granted, the mobile home park has not been substantially completed, the land involved in said plan shall revert to its former zoning district classification and the Special Permit shall be null and void. The City Council, upon application and public notice as required by law, may grant one extension of up to two (2) years upon an application being filed with said council. The City Council’s decision shall be final on the question of substantial completion. In the event of reversion to former zoning as provided herein, the land and structures thereon shall be subject to all regulations and limitations of the zoning district then applicable.

SECTION 6. AREA. Every lot upon which a mobile home unit is located shall front onto an approved public or private street or right-of-way as defined in this Ordinance and shall conform to the following minimum lot area and width requirements.

(a) Residential Use.
The lot area shall be a minimum of four thousand (4,000) square feet with a minimum average width of forty (40) feet and with a minimum frontage on an approved roadway of not less than 15 feet.
(b) Non-Residential Use.
(1) The lot area shall be a minimum of four thousand (4,000) square feet for basic requirements for such uses as direct servicing, management and maintenance of the park. Any structures on non-residential lots shall be of permanent type construction meeting all local applicable building codes.
(2) For uses requiring larger lot areas under this section, such uses may be granted by special permit from the City Council and lot sizes increased proportionately to maintain minimum yard requirements as set forth in Section 6.

SECTION 7. YARDS. All yards shall be subject to the following provisions:

(a) Front yard. Every lot shall have a front yard not less than fifteen (15) feet in depth measured from the outside of curbing to the closest point on the lower face of the mobile home.
(b) Side yard. Every lot used for the location of a mobile home unit shall have two side yards, one on each side of the mobile home, having a combined width of not less than 25 feet provided that in no case shall either side yard be less than five (5) feet in width, said side yard to be measured between the sides of the mobile home or any closed-in appurtenance thereto and the adjacent lot line, and further provided that in no case shall the separation between adjacent mobile homes be less than 25 feet as measured in the same manner.
(c) Rear yard. Every lot shall have a rear yard of not less than fifteen (15) feet in depth.

SECTION 8. PARK PERIMETER GENERAL AREA REQUIREMENTS.

No less than twenty-five (25) feet of yard width shall be provided immediately adjacent to all portions of the perimeter of the mobile home park contiguous to an adjoining use district, except that the yard requirement herein shall be reduced by one-half (1/2) the width of any alley adjacent thereto and, provided further that a greater yard may be required where the City Council deems it necessary.
Where the boundary of a mobile home park directly abuts another use district, a fence, wall or hedge shall be provided so that an area a minimum of ten feet in width be reserved along the perimeter of subject property, and within said area: (a) on the lot line there shall be erected a fence six feet in height of a material which will provide a significant visual and sound barrier and (b) between said fence and inside the reserved area screen plantings shall also be provided and maintained with a minimum height of eight feet at maturity for that portion of the screen plantings abutting said fence or as otherwise required by the City Council.

SECTION 9. SOIL AND GROUND COVER REQUIREMENTS. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

SECTION 10. SITE DRAINAGE REQUIREMENTS. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

SECTION 11. LOT MARKERS. The limits of each mobile home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
Location of lot limits on the ground shall be approximately the same as shown on the accepted plans. The degree of accuracy obtainable by working with a scale on the plan and then a tape on the ground is acceptable. Precise engineering of lot limits is not required either on the plans or on the ground. This is in no way to be construed as permitting lots of a lesser size than the required minimum or in permitting lesser yard or separation dimensions than set for elsewhere in this Ordinance.

SECTION 12. LOT COVERAGE. The combined area occupied by a mobile home and appurtenances shall not exceed thirty percent (30%) of the area of the lot.

SECTION 13. PARK AREAS FOR NON-RESIDENTIAL USES

(a) No part of any park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
(b) Nothing contained in this section shall be deemed as prohibiting the sale by a resident owner of a mobile home located on a mobile home stand and connected to the pertinent utilities. Any sales of mobile homes in place on the mobile home stand shall not in any way relieve any parties involved from complying with all the applicable regulations of this Ordinance. No sales shall be made except mobile homes located on a mobile home stand and connected to the pertinent utilities within the limits of the mobile home park.

SECTION 14. REQUIRED SEPARATION BETWEEN MOBILE HOMES
(a) Mobile homes shall be separated from each other and from other buildings and structures by at least twenty-five (25) feet.
(b) Mobile homes shall be separated from each other on opposing sides of streets a minimum of forty-five (45) feet provided that in no case shall the required front yard be less than set forth in Section 6 (a).

SECTION 15. REQUIRED RECREATION AREAS

(a) In all parks, there shall be one or more recreation areas which shall be easily accessible to all park residents
(b) The size of such recreation areas shall be based upon a minimum of two hundred and fifty (250) square feet for each lot. No outdoor recreation area shall contain less than two thousand, five hundred (2,500) square feet.
(c) Recreation areas shall be so located as to be free of traffic hazards and should be easily accessible.

SECTION 16. GENERAL ACCESS REQUIREMENTS. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public or private streets or roads to each mobile home lot. Alignment and gradient shall be properly adapted to topography.

SECTION 17. ACCESS TO MOBILE HOME PARKS. Access shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of thirty-six (36) feet where parking is permitted on both sides, or a minimum road pavement width of thirty (30) feet where parking is limited to one side. Where the primary entrance road is more than one hundred (100) feet long and does not provide access to abutting mobile home lots within such distance, the minimum road pavement width will be twenty-four (24) feet providing parking is prohibited at both sides.

SECTION 18. INTERIOR STREETS. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

(a) All streets, where on-street parking is not allowed, shall have a minimum road pavement width of twenty-four (24) feet.
(b) Dead end streets shall not be allowed within the confines of a mobile home park.
(c) All streets of a mobile home park providing ingress and egress from an abutting public street or road shall have the location and design of intersection with said public street or road approved by the City Council and by any other governmental agency exercising control over such streets or roads.

SECTION 19. REQUIRED ILLUMINATION OF MOBILE HOME PARK STREET SYSTEMS

All parks shall be furnished with lighting units so spaced and equipped with approved fixtures placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night.

(a) All parts of the park street systems: 0.6 foot candle, with a minimum of 0.25 foot candle.
(b) Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individually illuminated with a minimum of 0.4 foot candle.

SECTION 20. STREET CONSTRUCTION AND DESIGN STANDARDS

(a) Pavement: All streets shall be constructed with either Hot Mix Asphaltic Concrete or Portland Cement Concrete with an approved curb to provide for drainage. Street surfaces shall be maintained free of cracks, holes and other hazards. All streets shall be constructed to specifications approved by the City Council.
(b) Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than eight (8) percent. Short runs with a maximum grade of one (1) percent may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves. All street grades shall have prior approval of the City before commencing construction.
(c) Intersections: Within one hundred (100) feet of an intersection, streets shall be at approximately right angles. A distance of at least one hundred fifty (150) feet shall be maintained between center line of off-set intersecting streets. Intersections of more than two streets at one point shall be avoided.

SECTION 21. REQUIRED PARKING AREAS

(a) Parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two (2) car spaces for each mobile home lot.
(b) Required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of 200 feet from the mobile home that it is intended to serve. All off-street parking areas shall be constructed with a hard, smooth, dust-free surfacing.
(c) Sufficient off-street parking and storage area shall be provided to meet anticipated requirements of park occupants for storing of boats, boat trailers, camper trailers, pickup campers, truck tractors, trucks over 3/4 ton pickup size, and items of a similar nature. Said parking and storage area shall be in addition to parking required according to Section 24(a) and parking and storage of vehicles and items listed in this paragraph shall not be permitted in parking areas required under Section 24(a).

SECTION 22. WALKS

(a) General Requirements: All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient should be avoided. All sidewalks shall be constructed to City specifications for mobile home parks.
(b) Common Walk System: A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet and may be constructed adjacent to the street curbing.
(c) Individual Walks: All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connected to a paved street. Such individual walks shall have a minimum width of two feet.

SECTION 23. MOBILE HOME STANDS. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the super-structure against uplift, sliding, rotation and overturning.

(a) The mobile home stand shall be constructed in such a manner that it will not heave, shift, or settle unevenly under the weight of the mobile home due to inadequate drainage, vibration or other forces acting on the superstructure. The mobile home stand shall be constructed with 6” deep x 30” wide poured concrete ribbons with 6x6 #10 wire mesh reinforcing and of sufficient length to support all wheels and undercarriage supports of any mobile home that may be placed on the mobile home stand.
(b) The mobile home stand shall be provided with anchors, arrowhead anchors, or other devices securing the stability of the mobile home.
(c) Tie-downs or anchors shall be placed at least at each corner of the mobile home stand. Each corner of the mobile home stand and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds.
(d) Skirting requirements.
(1) Skirting of a permanent type material and construction shall be installed to enclose the open space between the bottom of a mobile home floor and the grade level of the mobile home stand and shall be so constructed to provide substantial resistance to heavy winds, thereby alleviating to the maximum extent possible, lifting action created on the underside of the mobile home by heavy winds.
(2) Sufficient screened, ventilating area shall be installed in the skirting to supply the combustion requirements of heating units and other ventilating requirements of the mobile home. Provision shall be made for easy removal of a section large enough to permit access for inspection of the enclosed area under the mobile home and for repairs on sewer and water riser connections.
(3) Skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and to preserve the appearance of the mobile home park.

SECTION 24. WATER SUPPLY. General Requirements: All mobile home stands and mobile home park facilities shall be connected to the public water supply in the sanitary sewer district where it is located and its supply used exclusively.

SECTION 25. SOURCE OF WATER SUPPLY. The water supply shall be capable of supplying a minimum of 150 gallons per day per mobile home.

SECTION 26. WATER DISTRIBUTION SYSTEM

(a) The water supply system of the mobile home park shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water.
(b) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the health authority and the Water Works of the sanitary sewer district.
(c) The water system shall be designed, constructed, and maintained according to specifications of the sanitary sewer district Water Works and the City’s Building Department.

SECTION 27. INDIVIDUAL WATER RISER PIPES AND CONNECTIONS

(a) Individual water riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position.
(b) Water riser pipes shall extend at least to ground level. The pipe shall be at least three quarters (3/4) inch. The water outlet shall be capped when a mobile home does not occupy the lot.
(c) Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
(d) A shut-off valve below the frost line shall be provided near the water riser pipe on each mobile home lot.
(e) Underground stop and water valves shall be installed as required by City regulations.

SECTION 28. SEWAGE DISPOSAL. General Requirements: An adequate and safe sewerage system shall be provided in all mobile home parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.

SECTION 29. SEWER LINES. All sewer mains and laterals shall be constructed and approved according to specifications of the sanitary sewer district where it is located and connected to the public sewer system.

SECTION 30. INDIVIDUAL SEWER CONNECTIONS

(a) Each mobile home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet has approximately a vertical position.
(b) The sewer connection (See definition) shall have a minimum inside diameter of three inches, and the slope thereof shall be not less than one-fourth inch per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be air and watertight
(c) All materials used for sewers and sewer connections shall be semi-rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. That material known as “orangeburg” is prohibited.
(d) Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least to ground level.

SECTION 31. ELECTRICAL DISTRIBUTION SYSTEM. Every park shall contain an electrical wiring system consisting of necessary wiring, fixtures, and equipment which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

SECTION 32. MAIN ELECTRICAL POWER DISTRIBUTION LINES. Main electrical power lines should be constructed under-ground according to local electric utility specifications.

SECTION 33. INDIVIDUAL ELECTRICAL CONNECTIONS

(a) Each mobile home stand shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per mobile home stand outlet shall be according to City specifications.
(b) Outlet receptacles at each mobile home stand shall be located not more than twenty-five (25) feet from the over current protective devices in the mobile home and a three pole, four-wire grounding type shall be used. Receptacles shall be of weather proof construction and configurations shall be in accordance with American Standard Outlet Receptacle 6-73.1 or similar equipment meeting the approval of the City’s electrical code.
(c) The mobile home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug. However, where the calculated load of the mobile home is more than 50 amperes, electrical service shall be provided by means of permanently installed conductors.

SECTION 34. REQUIRED GROUNDING. All exposed non-current-carrying metal parts of mobile homes and all equipment having electrical connections shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as a ground for mobile homes or other electrical equipment.

SECTION 35. SERVICE BUILDING AND OTHER COMMUNITY SERVICE FACILITIES. Service building, recreation buildings and other community service facilities allowed within the park are as follows:

(a) Management offices, repair shops and storage areas;
(b) Sanitary facilities;
(c) Laundry facilities;
(d) Indoor recreation areas;
(e) Commercial uses supplying essential goods or services for the exclusive use of park occupants

SECTION 36. REQUIRED COMMUNITY SANITARY FACILITIES. Every park shall be provided with the following emergency sanitary facilities: For each 75 mobile home lots, or fractional part thereof, there shall be one flush toilet and one lavatory for each sex. The building containing such emergency sanitary facilities shall be accessible to all mobile homes. Where waiver of such facilities is permitted by the state code governing new mobile home parks, the provisions of this section may be waived.

SECTION 37. STRUCTURAL REQUIREMENTS FOR BUILDINGS. All buildings other than mobile homes and their appurtenances shall be constructed in compliance with applicable state and local codes and regulations.

SECTION 38. BARBECUE GRILLS, FIREPLACES, STOVES AND INCINERATORS. Cooking shelters, barbecue grills, fireplaces, wood burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

SECTION 39. REFUSE HANDLING, GENERAL DEFINITION

(a) The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(b) All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, which shall be located not more than 300 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.
(c) Refuse collection stands consisting of a holder or rack elevated at least twelve inches above ground level, or an impervious slab at ground level shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
(d) Containers suitable for collection of recyclables shall be provided in sufficient number to handle appropriate materials for recycling.
(e) All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
(f) Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the refuse by transporting to a disposal site approved by the health authority.

SECTION 40. INSECT AND RODENT CONTROL

(a) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the health authority.
(b) Parks shall remain free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(c) Storage areas shall be so maintained as to prevent rodent harborage: Lumber, pipe and other building material shall be stored at least one foot above the ground.
(d) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

SECTION 41. FUEL SUPPLY AND STORAGE. Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

SECTION 42. LIQUEFIED PETROLEUM GAS SYSTEMS. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

SECTION 43. FUEL OIL SUPPLY SYSTEMS. No fuel oil systems shall be installed in the confines of a mobile home park.

SECTION 44. FIRE PROTECTION GENERAL REQUIREMENTS

(a) The mobile home park area shall be subject to the rules and regulations of the Alburnett Fire Department.
(b) Mobile home parks shall be kept free of litter, rubbish and other flammable materials.
(c) Portable fire extinguishers of a type approved by the Alburnett Fire Department shall be kept in service buildings and at all locations designated by such fire prevention authority and shall be maintained in good operating condition.
(d) Fires shall be made only in stoves, grills and other equipment intended for such purposes.
(e) Fire hydrants shall be installed in the park’s water system and located at such locations as determined by the Alburnett Fire Department and the Water Works of the sanitary sewer district.

SECTION 45. RESPONSIBILITIES OF PARK MANAGEMENT

The management shall comply with the following:

(a) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this Ordinance and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(b) The park management shall notify park occupants of all applicable provisions of this Ordinance and inform them of their duties and responsibilities under this ordinance and regulations issued hereunder.
(c) The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability, installing all utility connections and required skirting.
(d) The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.
(e) The park management shall notify the health authority immediately of any suspected communicable of contagious disease within the park.
(f) The park management is responsible to provide adequate emergency shelter(s) with adequate space for all mobile home residents in case a tornado strikes. Such facilities shall be located so that access is no more than 600 feet from any mobile home in the park.

SECTION 46. RESPONSIBILITIES OF PARK OCCUPANTS

The park occupants shall comply with the following:

(a) The park occupant shall comply with all applicable requirements of this Ordinance and regulations issued hereunder, and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
(b) The park occupant shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with these regulations and the instruction of the park management.
(c) The park occupant shall install “skirting” as provided for in Section 23 (d) within 30 days after initial occupancy unless prohibited by frozen ground, in which event such skirting shall be installed immediately after ground becomes unfrozen.
(d) All City ordinances with respect to keeping of animals and pets shall apply.

SECTION 47. RESTRICTION ON OCCUPANCY. A mobile home shall not be occupied for dwelling purposes unless it is properly placed on mobile home stand and connected to water, sewerage and electrical utilities.

SECTION 48. LOCATION OF MOBILE HOMES. It shall be unlawful for any person to park any mobile home on the streets, alleys or highways, in a public place, within the City of Alburnett, Iowa, except as provided by state law and by this Ordinance.

SECTION 49. EMERGENCY PARKING. Emergency or temporary parking is permitted on the streets, alleys, or highways or any other public or private place for a 12-hour period, subject to any other prohibitions or regulations imposed by traffic and parking laws of the City of Alburnett, Iowa.

SECTION 50. SPECIAL PERMITS FOR TEMPORARY USE. The City Council, after reviewing the application of a mobile home owner, may issue special permits, allowing the location of mobile homes outside of mobile home parks as a place of business.

(a) Special permit for business use. Mobile homes shall not be used for business purposes unless the City Council, after reviewing the application of the mobile home owner, shall issue a special permit for the business use of the mobile home. Such special permit shall be issued for a term not to exceed six (6) months. Only an independent mobile home may be used for business purposes.
(b) Application for a special permit shall be accompanied by an inspection fee of $20.00. The application shall be furnished upon request by the City Clerk.

SECTION 51. PENALTIES. Any person who violates any provision of this Ordinance shall upon conviction be punished by a fine of not more than $100.00 or imprisonment for no more than 30 days and may be adjudged to pay the costs of prosecution; and each day’s failure of compliance with any such provision shall constitute a separate violation.

SECTION 52. REQUIRED EXHIBITS. The Planning and Zoning Commission shall specify the exhibits to accompany an application in order to determine whether or not all of the provisions of this Ordinance are being complied with and shall have authority to specify the form and manner in which such exhibits shall be submitted.

SECTION 53. DEFINITIONS

1. Accessory Use: A use incidental to the primary use of the Mobile Home Park such as direct service facility building, park management building, maintenance building, community buildings, or other uses of a similar nature.
2. Appurtenances: An attached or detached addition to a mobile home, situated on the mobile home lot for the use of its occupants, such as a carport, awnings, storage shed, or items of a similar nature.
3. Building Codes: Those applicable codes enforced by the Building Department of the City of Alburnett and known as the Alburnett Building Codes.
4. Code of Iowa: The Code of Iowa as it pertains to the provisions of Chapters 103A.10, 364.3, 414.28 and 435 Code of Iowa, 1997, as amended, the rules and regulations governing the regulation of mobile home parks.
5. Common Area: Any area or space designed for joint use of tenants occupying mobile home parks.
6. Community Building: A building housing toilet and bathing facilities for men and women, a slop-water sink and such other facilities as may be required by this Ordinance or the Code of Iowa.
7. Density: The number of mobile homes or mobile home stands per gross acre.
8. Dependent Mobile Home: A mobile home which does not have a water closet, bathtub or shower.
9. Dependent Mobile Home Space: A mobile home space which does not have individual water and sewer connections available.
10. Driveway: A minor private way used by vehicles and pedestrians on a mobile home lot.
11. Easement: A vested or acquired right to use land, other than as a tenant, for a specific purpose: Such right being held by someone other than the owner who holds title to the land.
12. Electric Park Receptacle: The waterproof, attachment receptacle device located adjacent to the water and sewer outlets to receive the flexible cable from the mobile home; or where required, the permanently installed conductors.
13. Electric Service Drop: That part of the electric distribution system from the main electrical distribution system, overhead or underground to the service equipment serving one or more mobile home spaces.
14. Existing Installations: Those installations, which were constructed before January 1, 1995, as according to Chapter 435 of the Code of Iowa.
15. Health Authority: The legally designated health authority or its authorized representative of Cedar Rapids, Iowa.
16. Independent Mobile Home: A mobile home which has a water closet, bathtub or shower and kitchen sink, all in operable condition.
17. Independent Mobile Home Space: A mobile home space which has individual water, sewer, and electrical connections available.
18. License: A written license issued by the Mayor allowing a person to operate and maintain a mobile home park under the provisions of the Code of Iowa, this Ordinance, and regulations issued by the City of Alburnett, Iowa.
19. Lot Area: The total area reserved for exclusive use of the occupants of a mobile home.
20. Lot Line: A line bounding the lot as shown on the approved plat plan.
21. Mobile Home: A transportable, single family dwelling unit suitable for year-round occupancy having no foundation other than wheels, jacks, piers, or skirtings and containing water supply, waste disposal, heating and electrical conveniences.
22. Mobile Home Lot: A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
23. Mobile Home Park: A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use.
24. Mobile Home Park Development Plan:
(a) Preliminary.
A preliminary sketch showing the dimension, location, and area of all use(s) streets, walkways, parks, school sites, open spaces, sanitary and storm sewer, and other utilities.
(b) Final.
Prepared by a landscape architect, architect, engineer or land surveyor, showing the dimension, location, and area of all use(s) streets, walkways, parks, school sites, open spaces, sanitary and storm sewer, and other utilities.
25. Mobile Home Stand: That part of an individual mobile home lot which has been reserved for the placement of the mobile home and any appurtenances thereto.
26. New Installations: Those which are proposed for construction after the effective date of these rules and regulations.
27. Patio: A surfaced outdoor living space designed to supplement the mobile home living area.
28. Permit: A written permit issued by the Mayor permitting the construction, alteration and extension of a mobile home park under the provisions of this Ordinance and regulations issued hereunder.
29. Person: Any individual, firm, trust, partnership, public or private association or corporation.
30. Plat: A map, plan or chart of a city, City, section or subdivision, indicating the location and boundaries or individual properties.
31. Private Street: A private way which affords principal means of access to abutting individual mobile home lots or accessory buildings.
32. Property Line: A recorded boundary of a plat.
33. Public Street: A public way which affords principal means of access to abutting properties.
34. Public System (Water or Sewerage): A system which is owned and operated by a local governmental authority or by an established public utility company which is adequately controlled by governmental authority. Such systems are usually existing systems serving the municipality or a water or sewer district established and directly controlled under the laws of the state.
35. Right-of-Way: The area, either public or private, over which the right of passage exists.
36. Roadway: That portion of the mobile home park street system that is surfaced for the actual travel or parking of vehicles, and including curbs.
37. Sewer Connection: The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home park.
38. Sewer Riser Pipe: That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.
39. Shall: Indicates that which is required.
40. Should: Indicates that which is recommended but not required.
41. Single Ownership: An individual, partnership, corporation or other entity owning the whole park.
42. Skirting: The materials and construction around the perimeter of a mobile home floor between the bottom of the mobile home floor and the grade level of the mobile home stand.
43. Tenant Storage: An enclosed space designed to provide auxiliary general storage space for an individual mobile home.
44. Transient Use: The occupancy of a mobile home lot by a mobile home for a period of fourteen (14) days or less.
45. Water Connection: The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
46. Water Riser Pipe: That portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.
47. Yards: The area on the same lot with a mobile home between the lot line and the front, rear, or side or the mobile home. This includes areas which must remain clear of all structures such as enclosed patios, decks, expandable rooms, garages or other additions. For purposes of this Ordinance the “Front” of a mobile home shall be considered as that part of the mobile home facing toward the approved street or right-of-way as required by this Ordinance.

CHAPTER 28

BUILDING NUMBERING

SECTION 1. DEFINITIONS. For the use in this article, the following terms shall be defined:

1. “Principal Building”: shall mean the main building on any lot or subdivisions thereof.

2. “Owner”: shall men the owner of the principal building.

SECTION 2. OWNER REQUIREMENTS. Every owner shall comply with the following numbering requirements:

1. Obtain Building Number. He shall obtain the assigned number to his principal building from the clerk.

(Code of Iowa, 1999, Section 364.12 (3d))

2. Display Building Number. He shall place or cause to be installed and maintain on the principal building the assigned number in a conspicuous place to the street in figures not less than two and one-half (2 ½) inches in height and of a contrasting color with their background.

(Code of Iowa, 1999, Section 364.12 (3d))

3. Failure to Comply. If an owner refuses to number a building as herein provided, or fails to do so for a period of thirty (30) days after being notified in writing by the City to do so, the City may proceed to place the assigned number on the principal building and assess the costs against the property for collection in the same manner as property tax.

(Code of Iowa, 1999, Section 364.12 (3h))

SECTION 3. BUILDING NUMBERING MAP. The clerk shall be responsible for preparing and maintaining a building numbering map.

CHAPTER 29

MAILBOX

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALBURNETT, IOWA: The Code of Ordinances is hereby amended by adding the following chapter:

SECTION 1. TYPE OF MAILBOXES. All mailboxes placed upon the City streets and right-of-ways shall be of a number 1 sized box as approved by the U. S. Department of Postal Service regulations.

SECTION 2. LOCATION OF MAILBOXES. Boxes shall not be set closer than twenty-five (25) feet to an intersection; said intersection shall be determined by measuring twenty-five (25) feet from the middle of the intersecting street down the street the mailboxes are to be placed upon. Mailboxes shall not be placed closer than ten (10) feet from any alley. Mailboxes meeting the above specifications may be placed in the street right-of-way provided that the support thereof shall be at least two feet behind the curb or edge of the traveled way and no portion of the box or support shall extend beyond the inner edge of the curb. Said boxes shall not obstruct a paved sidewalk for pedestrians and where the roadway has a shoulder to be maintained, said boxes and support shall be placed so as not to interfere with the road maintenance or snow removal.

SECTION 3. MAINTENANCE OF APPROACHES. All approaches to the mailboxes shall be maintained by the individual owners of the boxes at said approach and the City shall not be responsible for surfacing, grading or maintaining said approaches.

SECTION 4. NONCONFORMING EXISTING MAILBOXES. All existing mailboxes in the City at the time of the effective date of the ordinance codified will be allowed a period of six (6) months to meet requirements. A mailbox installed after said effective date must meet the requirements and specifications of this chapter.

CHAPTER 30

PROPERTY MAINTENANCE

SECTION 1. PURPOSE. The purpose of this chapter is to designate the responsibilities of persons for maintenance of structures, equipment and exterior property within the City, to define nuisances as a result of the failure to perform such maintenance and to provide for the abatement of such nuisances in order to provide for the safety and preserve the health and welfare of the citizens of the city.

SECTION 2. DEFINITIONS. For the purpose of this chapter, the following terms are defined:

1. "Blighted area" is defined as set forth in Section 403.17 of the Code of Iowa.

2. "Vermin" means any of various insects; bugs or small animals regarded as objectionable because they are destructive, disease carrying, etc.

SECTION 3. AUTHORITY FOR ENFORCEMENT. The Mayor shall be responsible for the enforcement of this chapter and shall have all the necessary authority to carry out such enforcement. Any person designated by the Mayor to enforce this chapter shall be known as the Property Maintenance Official.

SECTION 4. INTERFERENCE WITH THE PROPERTY MAINTENANCE OFFICIAL. No person shall interfere with the Property Maintenance Official while engaged in the enforcement of this chapter.

SECTION 5. NUISANCES. A failure to satisfy any of the following provisions shall constitute a nuisance:

1. General. All structures, equipment and exterior property, whether occupied or vacant, shall be maintained in good repair, structurally sound and sanitary condition as provided herein so as not to cause or contribute to the creation of a blighted area or adversely affect the public health or safety.

2. Rodent and Vermin Harborage. All structures, equipment exterior property shall be kept free from rodent and vermin harborage and infestation. Where rodents and vermin are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent and vermin harborage and prevent re-infestation.

3. Accessory Structures. All accessory structures, including detached garages, fences, and walls shall be maintained structurally sound and in good repair.

4. Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight.

5. Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and vermin.

6. Exterior Walls. All exterior walls shall be maintained plumb; free from cracks, holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

7. Roofs and Drainage. All roofs and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair, with proper anchorage and free from obstructions.

8. Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

9. Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

10. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

11. Basement Hatchways. Every basement hatchway shall be maintained to prevent entrance of rodents, vermin, and rain and surface drainage water.

SECTION 6. NOTICE TO ABATE. Upon discovery of any violation of Section 5, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 9 of this Code of Ordinances.

SECTION 7. EMERGENCY ABATEMENT MEASURES. Notwithstanding any other provisions of this chapter, whenever in the judgment of the Property Maintenance Official any nuisance is an immediate and imminent threat to life and property, -the Property Maintenance Official may, with or without prior notice as required within, order the nuisance abated and costs 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 as provided by the Code of Iowa and this Code of Ordinances.

CHAPTER 31

DANGEROUS BUILDINGS

SECTION 1. TITLE. These regulations shall be known as the “Uniform Code for the Abatement of Dangerous Buildings,” may be cited as such and will be referred to herein as “this Code.”

SECTION 2. PURPOSE AND SCOPE. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, Housing Code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in the City.

SECTION 3. ALTERATIONS, ADDITIONS AND REPAIRS. All buildings and structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the Building Code.

SECTION 4. ENFORCEMENT, GENERAL.

1. Administration. The Building Official is hereby authorized to enforce the provisions of this Code.

2. Inspections. The Housing Official, the Fire Inspector, and the Building Official and their authorized representatives, are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.

3. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official or any authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied, such official shall first present proper credentials and request entry; and if such building or premises be unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or authorized representative shall have recourse to every remedy provided by law to secure entry. When the Building Official or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this code. “Authorized representative” includes the officers named in subsection 2 of this Section and their authorized inspection personnel.

SECTION 5. ABATEMENT OF DANGEROUS BUILDINGS. All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 10 of this chapter.

SECTION 6. VIOLATIONS. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

SECTION 7. INSPECTION OF WORK. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this code and of the Building Code.

SECTION 8. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, appeals may be taken to the Building Board of Appeals. The rules and regulations for conducting business and rendering decisions and findings established for the Building Board of Appeals shall apply to all appeals made under this code.

SECTION 9. DEFINITIONS.

1. General. For the purpose of this code, terms, phrases, words and their derivatives shall be construed as specified either in this chapter or as specified in the Building Code or the Housing Code. When terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used.

A. “Building Code” means the Alburnett Building Code as set forth in Chapter 26 of this Code of Ordinances.

B. “Dangerous building” means any building or structure deemed to be dangerous under the provisions of this Section.

2. “Dangerous building” means any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as not to provide safe and adequate means of exit in case of fire or panic.

C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

F. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

H. Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.

I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

J. Whenever the exterior wall or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

K. Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or covering.

L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to (1) become an attractive nuisance to children; (2) become a harbor for vagrants, criminals or immoral persons; or (3) as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the City, as specified in the Building Code or the Housing Code, or of any law or ordinance of the State or City relating to the condition, location or structure of buildings.

N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Building Official or Housing Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Inspector to be a fire hazard.

Q. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

R. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

SECTION 10. NOTICES AND ORDERS RE BUILDINGS.

1. Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, said official shall commence proceedings to cause the repair, vacation or demolition of the building.

2. Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

A. The street address and legal description sufficient for identification of the premises upon which the building is located.

B. A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 9.

C. A statement of the action required to be taken as determined by the Building Official.

(1) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

(2) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable.

(3) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefore within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable.

D. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (1) will order the building vacated and posted to prevent further occupancy until the work is completed, and (2) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

E. Statements advising (1) that any person having any record title of legal interest in the building may appeal from the notice and order or any action of the Building Official to the Board of Appeals, provided the appeal is made in writing as provided in this code and filed with the Building Official within 30 days from the date of service of such notice and order; and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

3. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records, the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; the holder of any other estate or legal interest of record in or to the building or the land on which it is located. Failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on said person by the provisions of this Section.

4. Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the County or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

5. Proof of Service. Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.

SECTION 11. RECORDATION OF NOTICE AND ORDER. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the County Recorder a certificate describing the property and certifying (1) that the building is a dangerous building and (2) that the owner has been notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

SECTION 12. REPAIR, VACATION AND DEMOLITION. The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:

1. Any building declared a dangerous building under this order either shall be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner.

2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

SECTION 13. NOTICE TO VACATE.

1. Posting. Every notice to vacate shall, in addition to being served as provided in subsection Section 10(3), be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER – UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
Building Official
City of Alburnett

2. Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by the Building Official under subsection Section 10(2), reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.

SECTION 14. APPEALS.

1. Form of Appeal. Any person entitled to service under subsection Section 10(3) may appeal from any notice and order or any action of the Building Official under this code by filing at the office of the Building Official a written appeal containing:

A. A heading in the words: “Before the Board of Appeals of the _______ of ___________________.”

B. A caption reading: “Appeal of ____________________,” giving the names of all appellants participating in the appeal.

C. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

D. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

E. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

F. The signatures of all parties named as appellants and their official mailing addresses.

G. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

The appeal shall be filed within 30 days from the date of the service of such order or action of the Building Official, provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 13, such appeal shall be filed within 10 days from the date of service of the notice and order of the Building Official.

2. Process of Appeal. Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the Board of Appeals.

3. Scheduling and Notice of Appeal for Hearing. As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall not be less than 10 days or more than 60 days from the date of appeal as filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

4. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.

5. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

6. Staying of Order under Appeal. Except for vacation orders made pursuant to Section 12, enforcement of any notice and order of the Building Official issued under this code shall be stayed during the pendency of an appeal there from which is properly and timely filed.

SECTION 15. HEARING APPEALS.

1. Board of Appeals Action. The Building Board of Appeals by a majority vote, may sustain, modify or withdraw the notice or order. In granting an extension or variance of any notice or order, the Board shall observe the following condition: The Board may grant an extension of time for the compliance of any notice or order for not more than 18 months subject to appropriate conditions and provided that the Board makes specific findings of fact based on evidence relating to the following:

A. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order.

B. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.

2. Form of Notice of Hearing. The notice to appellant shall be substantially in the following form but may include other information:

“You are hereby notified that a hearing will be held before the Board of Appeals at _________________________________ on the ______ day of _____________ at the hour of _________, upon the notice and order served upon you. You may present any relevant evidence and witnesses.”

3. Conduct of Hearing; Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

4. Method and Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.

5. Effective Date of Decision. The effective date of the decision shall be as dated therein.

SECTION 16. COMPLIANCE WITH ORDERS.

1. General. After any order of the Building Official or the Board of Appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order.

2. Failure to Obey Order. If, after any order of the Building Official or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (1) cause such person to be prosecuted under subsection 1 of this Section or (2) institute any appropriate action to abate such buildings as a public nuisance.

3. Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:

A. The Building Official may cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING – DO NOT OCCUPY
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
Building Official
City of Alburnett

B. No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.

C. The Building Official shall notify the City Council of the failure to commence work, and the City Council shall direct the Building Official on action to be taken. In addition to any other remedy herein provided, the Council may direct the Building Official to institute legal proceedings to cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or if the notice and order require demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris there from removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.

SECTION 17. EXTENSION OF TIME TO PERFORM WORK. Upon receipt of an application from the person required to conform to the order and an agreement by such person that said person will comply with the order if allowed additional time, the Building Official may, in such official’s discretion, grant an extension of time, not to exceed an additional 120 days, to complete said repair, rehabilitation or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.

SECTION 18. INTERFERENCE WITH REPAIR OR DEMOLITION WORK. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.

SECTION 19. PERFORMANCE OF WORK.

1. Procedure. Any work of repair or demolition is to be done pursuant to subsection Section 16(3)(C); the Building Official shall issue an order therefore to the Director of Public Services and the work shall be accomplished by personnel of the City or by private contract under the direction of said Director. Plans and specifications therefore may be prepared by said Director, or the Director may employ such architectural and engineering assistance on a contract basis as the Director may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.

2. Costs. The cost of such work shall be paid by such City account as is appropriate by the Code of Iowa and may be made a special assessment against the property involved.

SECTION 20. REPAIR OR DEMOLITION; RECOVERY OF COST.

1. Account of Expense, Filing of Report; Contents. The Director of Public Services shall keep an itemized account of the expenses incurred by the City in the repair or demolition of any building done pursuant to the provisions of subsection Section 16(3)(C). Upon completion of the work of repair or demolition, said Director shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addressees of the persons entitled to notice pursuant to subsection Section 10(3).

2. Report Transmitted to Council; Setting for Hearing. Upon receipt of said report, the Clerk shall present it to the Council for consideration. The Council shall fix a time, date and place of hearing said report and any protests or objections thereto. The Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner of the property as such owner’s name and address appear on the last equalized assessment roll of the County, if such so appear, or as known to the Clerk. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour and place where the Council will hear and pass upon the Director’s report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.

3. Protests and Objections, How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Clerk at any time prior to the time set for the hearing on the report of the Director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The Clerk shall endorse on every such protest or objection the date it was received. The Clerk shall present such protests or objections to the Council at the time set for the hearing, and no other protests or objections shall be considered.

4. Hearing of Protests. Upon the day and hour fixed for the hearing the Council shall hear and pass upon the report of the Director together with any such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Council on the report and the charge, and on all protests or objections shall be final and conclusive.

5. Special Assessment. If the Council orders that the charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

6. Contest. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced upon 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from the final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment.

7. Authority for Installment Payment of Assessments with Interest. The Council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed ten equal annual installments. The Council’s determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.

8. Lien of Assessment.

A. Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for State, County and property taxes with which it shall be upon apatity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

B. Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the lawful rate for special assessments.

9. Report to Assessor and Tax Collector; Addition of Assessment to Tax Bill. After confirmation of the report, certified copies of the assessment shall be given to the Assessor and the Tax Collector acting for the City, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

10. Filing Copy of Report with County Auditor. If the County Assessor and the County Tax Collector assess property and collect taxes for the City, a certified copy of the assessment shall be filed with the County Auditor as by law provided. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor’s map books for the current year.

11. Collection of Assessment; Penalties for Foreclosure. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes.

12. Repayment of Repair. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer, who shall credit the same to the City.

SECTION 21. CONFLICT OF ORDINANCES. In any case where a provision of this chapter is found to be in conflict with the provision of any zoning, building, fire, safety or health ordinance or code of the City or State existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Chapter.

CHAPTER 32

FLOOD PLAIN MANAGEMENT ORDINANCE

SECTION 1. STATUTORY AUTHORITY, FINDINGS OF FACT AND PURPOSE.

A. The Legislature of the State of Iowa has in Chapter 364, Code of Iowa, as amended, delegated the power to cities to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.

B. Findings of Fact

1. The flood hazard areas of Alburnett are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.

2. These flood losses, hazards, and related adverse effects are caused by: (1) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (2) the cumulative effect of obstructions on the flood plain causing increases in flood heights and velocities.

C. Statement of Purpose

It is the purpose of this ordinance to protect and preserve the rights, privileges and property of Alburnett and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in Section 1 - B1 with provisions designed to:

1. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

2. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

3. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

4. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

SECTION 2. GENERAL PROVISIONS

A. Land to Which Ordinance Apply

The provisions of this Ordinance shall apply to all land within the jurisdiction of the City of Alburnett which are located within the boundaries of the Flood Plain (Overlay) District as established in Section 3.

B. Rules for Interpretation of Flood Plain (Overlay) District

The boundaries of the Flood Plain (Overlay) District areas shall be determined by scaling distances on the official Flood Insurance Rate Map. When interpretation is needed as to the exact location of a boundary the Mayor shall make the necessary interpretation. The City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Mayor in the enforcement or administration of this Ordinance.

C. Compliance

No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance.

D. Abrogation and Greater Restrictions

It is not intended by this Ordinance to real, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of inconsistency only.

E. Interpretation

In their interpretation and application, the provision of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

F. Warning and Disclaimer of Liability

The standards required by this Ordinance are considered reasonable for regulatory purposes. This Ordinance does not imply that areas outside the designated Flood Plain (Overlay) district areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Alburnett or any other officer or employee thereof for any flood damages that from reliance on this Ordinance or any administrative decision lawfully mad there under.

G. Severability

If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

SECTION 3. ESTABLISHMENT OF FLOOD PLAIN (OVERLAY) DISTRICT

The area within the jurisdiction of Alburnett having special flood hazards are hereby designated as a Flood Plain (Overlay) District and shall be subject to the standards of Flood Plain (Overlay) District (as well as those for the underlying zoning district.) The Flood Insurance Rate Map (FIRM) for Alburnett.

SECTION 4. STANDARD FOR FLOOD PLAIN (OVERLAY) DISTRICT

All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where 100-year flood data has not been provided in the Flood Insurance Rate Map, the Department of Natural Resources shall be contacted to compute such date

A. All development within the Flood Plain (Overlay) District shall:

1. Be consistent with the need to minimize flood damage.

2. Use construction methods and practices that will minimize flood damage.

3. Use construction materials and utility equipment that are resistant to flood damage.

4. Obtain all other necessary permits from federal, state and local governmental agencies including approval when required from the Iowa Department of Natural Resources.

B. Residential buildings - All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration by the City Council, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.

All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.

C. Non-residential buildings - All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood proofed to such a level. When flood proofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic Vertical Datum) to which any structures are flood proofed shall be maintained by the Administrator.

D. All new and substantially improved structures:

1. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b. The bottom of all openings shall be no higher than one foot above grade.

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

2. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

3. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

E. Factory-built homes:

1. All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.

2. All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. The following specific requirements (or their equivalent) shall be met:

a. Over-the-top ties shall be provided at each of the four corners of the factory-built home, with two (2) additional ties per side at intermediate locations and factory--built homes less than fifty (50) feet long requiring one (1) additional tie per side;

b. Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and factory-built homes less than fifty (50) feet long requiring four (4) additional ties per side;

c. All components of the anchoring system shall be capable of carrying a force of 4800 pounds.

d. Any additions to factory-built homes shall be similarly anchored.

F. Utility and Sanitary Systems:

1. On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

2. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100-year flood elevation.

3. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the 100-year flood elevation.

4. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.

G. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (1) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (2) be readily removable from the area within the time available after flood warning.

H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 ft. of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

I. Watercourse alterations or relocations must be designed to maintain the flood within the altered or relocated portion.

J. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of pubic utilities) shall meet the applicable performance standards of this Ordinance. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those, areas located within the area of significant flood hazard.

K Accessory Structures

1. Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied.

a. The structure shall not be used for human habitation.

b. The structure shall be designed to have low flood damage potential.

c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

d. The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.

e. The structure's service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least one foot above the 100-year flood level.

2. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

L. Recreational Vehicles

1. Recreational vehicles are exempt from the requirements of Section 4 E of this Ordinance regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

2. Recreational vehicles that are located on the site for more than 180 consecutive days and are not ready for highway use must satisfy requirements of Section 4 E of this Ordinance regarding anchoring and elevation of factory-built homes.

M. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

SECTION 5. ADMINISTRATION

A. Appointment, Duties and Responsibilities of the Administrator

1. The Mayor is hereby appointed to implement and administer the provisions of this Ordinance and will herein be referred to as the Administrator.

2. Duties of the Administrator shall include, but not necessarily be limited to the following:

a. Review all flood plain development permit applications to assure that the provisions of this Ordinance will be satisfied.

b. Review flood plain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required form the Department of Natural Resources for flood plain construction.

c. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures in the Flood Plain (Overlay) District.

d. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) to which all new or substantially improved structures have been flood proofed.

B. Flood Plain Development Permit.

1. Permit Required - A Flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any man-made changes to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory-built homes.

2. Application for Permit - Application shall be made on forms furnished by the Administrator and shall include the following:

a. Description of the work to be covered by the permit for which application is to be made.

b. Description of the land on which the proposed work is to be done (i.e. lot, block, track, street address or similar description) that will readily identify and locate the work to be done.

c. Indication of the use or occupancy for which the proposed work is intended.

d. Elevation of the 100-year flood.

e. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.

f. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

g. Such other information as the Administrator deems reasonably necessary (e.g. drawings or a site plan) for the purpose of this Ordinance.

3. Action on Permit Application - The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this Ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for variances except as directed by the City Council.

4. Construction and Use to be as Provided in Application and Plans - Flood Plain Development Permits based on the basis of approved plans and applications authorized only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance. The application shall be required

to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, flood proofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance, prior to the use or occupancy of only structure. C. Variance

1. The City Council may authorize upon request in specific cases such variances from the terms of this Ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards.

a. Variances shall only be granted upon: (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the application, and (3) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud ion or victimization of the public or conflict with existing local codes or ordinances.

b. Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year flood would result. Consideration of the effects of any development would be allowed for similarly situated lands.

c. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief

d. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Administrator that: (1) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $ 100 of insurance coverage and (2) such construction increases risks to life and property.

2. Factors Upon Which the Decision of the Council Shall be Based - In passing upon applications for Variances, the Board shall consider all relevant factors specified in other sections of this Ordinance and:

a. The danger to life and property due to increased flood heights or velocities caused by encroachments.

b. The danger that materials may be swept on to other land or downstream to the injury of others.

c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e. The importance of the services provided by the proposed facility to the City.

f. The requirements of the facility for a flood plain location.

g. The availability of alternative locations not subject to flooding for the proposed use.

h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

j. The safety of access to the property in times of flood for ordinary and emergency vehicles.

k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

1. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water system), facilities, streets and bridges.

m. Such other factors which are relevant to the purpose of this Ordinance.

3. Conditions Attached to Variances - Upon consideration of the factors listed above, the Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Ordinance. Such conditions may include, but not be necessarily limited to:

a. Modification of waste disposal and water supply facilities.

b. Limitation of periods of use and operation.

c. Imposition of operational controls, sureties, and deed restrictions.

d. Requirements for construction and channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this Ordinance.

e. Flood proofing measures.

SECTION 6. NONCONFORMING USES

A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance, but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions:

1. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this Ordinance.

2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this Ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

SECTION 7. PENALTIES FOR VIOLATION

Violations of the provisions of this ordinance or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00 (one-hundred dollars) or imprisoned for not more than thirty (30) days. Nothing herein contained prevent the City of Alburnett from taking such other lawful action as is necessary to prevent or remedy violation.

SECTION 8. AMENDMENTS

The regulations and standards set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

SECTION 9. DEFINITIONS

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.

BASE FLOOD - The flood having one (1) percent chance of being equaled or exceeded in any given year. (See 100-year flood).

BASEMENT - Any enclosed area of a building which has its floor or lowest level below -ground level (subgrade) on all sides. Also see "lowest floor."

DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling, operations.

EXISTING CONSTRUCTION - Any structure for which the "start of construction" commenced before the effective date of the community's Flood Insurance Rate Map. May also be referred to as "existing structure".

EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the effective date of flood plain management regulations adopted by the community.

EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FACTORY-BUILT HOME - Any structure, designed for residential use:, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Ordinance factory-built homes include mobile homes, manufactured homes and modular homes and also includes "recreational vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

FACTORY-BUILT HOME PARK - A parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

FLOOD - A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

FLOOD ELEVATION - The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood.

FLOOD INSURANCE RATE MAP (FIRM) - The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

FLOOD PLAIN - Any land area susceptible to being inundated by water as a result of a flood.

FLOOD PLAIN MANAGEMENT - An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but .not limited to emergency preparedness plans, flood control works, flood proofing and flood plain management regulations.

FLOOD PROOFING - Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

FLOODWAY - The channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one (1) foot.

FLOODWAY FRINGE - Those portions of the flood plain, other than the floodway, which can be filled, levied, or otherwise obstructed without causing substantially higher flood levee. s or flow velocities.

HISTORIC STRUCTURE - Any structure that is:

a. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either 1) an approved state program as determined by the Secretary of the Interior or 2) directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR - The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 4 - D1 of this Ordinance and

b. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and

c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the 100-year flood level, and

d. The enclosed area is not a "basement" as defined in this section.

In cases where the lowest enclosed area satisfies criteria a, b, c, and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

NEW CONSTRUCTION - (new buildings, factory-built home parks) - Those structures or development for which the start of construction commenced on or after the effective date of this Ordinance.

NEW FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the effective date of flood plain management regulations adopted by the community.

ONE HUNDRED (100) YEAR FLOOD - A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every one hundred (100) years.

RECREATIONAL VEHICLE - A vehicle which is:

a. Built on a single chassis;

b. Four hundred (400) square feet or 'less when measured at the largest horizontal projection;

c. Designed to be self-propelled or permanently towable by a light duty truck; and

d. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

SPECIAL FLOOD HAZARD AREA - The land within a community subject to the "100-year flood". This land is identified as Zone A on the Community's Flood Insurance Rate Map.

START OF CONSTRUCTION - Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factor-built homes, storage tanks, and other similar uses.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which satisfies either of the following criteria:

1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the "start of construction" of the improvement , or (2) if the structure has been "substantially damaged" and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any alteration of an "historic structure", provided the alteration will not preclude the structure's designation as an "historic structure".

2. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after September 19, 1975 shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

VARIANCE - A grant of relief by a community from the terms of the flood plain management regulations.

VIOLATION - The failure of a structure or other development to be fully compliant with the community's flood plain management regulations.

CHAPTER 33

WATER SERVICE REGULATION

SECTION 1. DEFINITION OF TERMS.

(a) In this chapter the words “Water Works” of “City” shall mean the City of Alburnett acting through its qualified officers or employees.

(b) A water main shall be defined as any pipe laid by the City of Alburnett or agents thereof in streets, alleys or other grounds, which shall be a portion of the water distribution system of the City and which shall be intended to be tapped in the prescribed way for water service pipes to the consumer.

(c) A service pipe shall be defined as that water pipe line laid from a water main into the premises to be served with water. The service pope shall include the corporation cock, lead-in pipe, curb stop box, and shut off, and all valves and popes inside the building through which water passes before it reaches the water meter.

(d) A consumer shall be any property owner with property connected to water furnished by the City of Alburnett, Iowa.

SECTION 2. APPLICATION FOR WATER SERVICE CONNECTIONS.

(a) Taps or connections to the water main shall be made by only those persons authorized by the City Council upon receipt of a written application for service by the property owner included in the City Building Permit. A fee of Five hundred ($500.00) dollars must accompany each connection application. A fee of Fifty ($50.00) dollars for inspection by a City Official or Building Inspector must accompany each connection application.

(b) The City reserves the right to render services in connection with furnishing water, such as installing and maintaining water service connectors, repairing leaks, etc., at prices and terms to be determined from time to time by the City Council. When prices have been determined, ten (10%) percent for overhead expenses.

SECTION 3. SERVICE CONNECTIONS. The laying of all service connections and pipes, setting of water service fixtures in streets, public grounds and in premises to be served by the City water, shall be made by qualified plumbers, approved by the City Council.

SECTION 4. NO EXTENSION OF SERVICE PIPES WITHOUT PERMITS. After a service connection has been laid, no plumber or other person shall make any attachment or connection to it to serve other premise so as to connect the same with the water system, unless he shall procure a written permit from the City Clerk specifying the particular addition, repairs or alternations to be made and shall perform such work in conformity with such permit and ordinances of the City.

SECTION 5. SERVICE PIPES NOT TO BE LAID ACROSS PRIVATE PROPERTY. No consumer shall be permitted to conduct water pipes across lots or buildings adjoining premises, but all service pipe shall be laid on streets, alleys, or public ground to the premise to be served, and enter the building nearest the main.

SECTION 6. SEPARATE CONNECTIONS. There shall be separate service pipes laid from the main to each building. Such service pipe shall be laid in a straight line at right angles to the water main, and connections made within tow lines drawn parallel to the sides of the building to be served and not more than ten (10) feet outside of these sides. In all cases each building served must have an independent service shut off.

SECTION 7. SERVICE SHUT OFF.

(a) A curb stop box and shut off for controlling the supply of water to consumers shall be placed on every service. When connections are made in streets or avenues the stop box shall be places less that twelve (12) inches outside of the lot lines. The cover of said stop box shall be maintained at the same height as the sidewalk or the surrounding ground. Where area walls or curb lines prevent the location of stop box and shut off at the point indicated, they shall be placed immediately within the area wall or curb line. All stop boxes must be set on the line drawn at right angles to the main through the service corporation or connection in the main.

(b) Every service pipe must also have a stop and waste placed in the building within two (2) feet of the point where the pip enters the building. Said stop must have handle or wrench attached to turn the same, and be kept in working order al all times so that the water may be shut off by the occupant of the premises.

(c) The outside shut off and stop box shall be under the sole control of the City and no one except an employee or person specially authorized by the City shall open the cover of such box, or turn on or off the water. Provided, however, that approved plumbers may turn on or off the water for testing pluming or making repairs, but whenever so used the shut off must be left closed if found closed, and open if found opened, by the plumber who uses it.

(d) The stop box in every service must be kept flush with the surrounding ground or surface, and must be visible from the sidewalk. The curb box and shut off must be kept in good condition and ready for use at all times by the owner. Should the owner neglect to maintain such box and shut off in proper condition to be used, and if the stop box is found to be filled up, or the stop box or shut off found to be out of repair at any time, the City shall have the

right to clean or repair the same when needed without giving notice, and charge the cost thereof to the owner, and if payment is refused, the payment thereof may be enforced in the same manner as that provided in the case of delinquent water bills.

SECTION 8. SERVICE PIPE. No water service pipe or tap for any buildings shall be less than three quarter (3/4) inch in inside diameter. All pipe up to and including one an one-half (1 ½) inch inside diameter shall be “K” heavy type copper. All pipe over one an one-half (1 ½) inch must be “K” heavy type copper or cast iron.

SECTION 9. NO CONNECTION BETWEEN DIFFERENT SERVICES. When there are two or more services on preemies, the piping from each service must be kept separate, and no connection made from one to the other.

SECTION 10. DEPTH OF SERVICE PIPE. Service pipe must be laid at least five and one-half (5 ½) feet below the surface of the ground. When pipes are laid in streets or grounds subject to fixed grades where the surface of the ground is higher than the established grades, they shall be laid so that they will be at least five and one-half (5 ½) feet below the established grade.

SECTION 11. MAINTENANCE OF SERVICE PIPES. All service pipes and fixtures from the street water main to the premises, including the corporation cocks at the mains, (except corporation cocks put in during the initial water installation period), shall be installed and maintained at the expense of the owners, and any leaks or other defects in the same shall be promptly repaired by them, or if not promptly repaired, the water shall be turned off until such repairs have been made, and the expense incurred thereby shall be charged against such owner, and must be paid before water shall be turned on again. If such repair is not made within three days of written notification by the City, the property owner shall be charged the sum of five ($5.00) dollars per day for each day after said three day period of grace, during which the said water wastage shall continue.

SECTION 12. BREAKS IN SERVICE OR FIXTURES. The City shall not be held responsible by reason of the breaking of any service pipe or apparatus, water coil, or for failure in the supply of water.

SECTION 13. ABANDONED SERVICE PIPES. If a service pipe or connections, which is not being used, is found to be leaking, the City may without notice, repair or turn off the same, and charge the expense thereof to the owner of property last served by this connection.

SECTION 14. RIGHT TO SHUT OFF WATER.

(a) The City reserves the right at any time, when necessary, without notice, to shut the water off its mains for the purpose of making repairs or extensions or for other purposes, and no claims shall be made against the City by reason of the breakage of any service pipe or service cock, or from any other damage that may result from shutting off water for repairing, laying, or relaying mains, hydrants, or other connections. The City shall give notice of shutting off water if conditions are such that it is possible to do so.

(b) When water is shut off for making repairs in premises having water heating coils in heaters, consumers should turn off the water at the basement shut off and open a faucet in the hot water pipe and leave it open until water is turned on, in order to protect piping and fixtures from excessive pressure from hot water or steam.

SECTION 15. RESPONSIBILITY IN TURNING ON WATER. In turning on water, the City shall not be responsible for any damage that may occur by reason of improper fixtures, Open or improper connections, or from any other cause.

SECTION 16. DISCONTINUE USE OF WATER. Owners or consumers desiring to discontinue the use of water shall give notice thereof in writing to the City who shall then cause the water to be turned off and the meter removed. Water rents or charges for services shall be made until such notice is given. When water service is discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a appropriate charge shall be made for tuning on water and renewing service. If for any reason, a meter is removed from a house temporarily because of an owners absence or danger of the meter freezing, a similar charge shall be made to cover the cost of removing and replacing the meter.

SECTION 17. UNNECESSARY WASTE. The City reserves the right to prohibit the use of water for yard sprinklers, large consumers of water, etc., when in the judgment of the City, the public welfare requires such action.

SECTION 18. WATER METERS. All water furnished consumers shall be metered. All meters shall be furnished consumers shall be metered. All meters shall be furnished and set by the City, but owners must provide suitable location in their piping system for same. Meters shall be placed on service pipe not to exceed two (2) feet from the location in the wall or floor where such pipe enters the premises provided, however, that permission may be granted by the City to place the meter in from front of a window so that is can be read without entering the premises. The piping system shall be so constructed and the meters so placed that all the water supplied by the City to be used in or about the premises shall pass through the water meter, and the owner of the premises shall be responsible for compliance with this provisions of this ordinance and he shall be liable for the payment for water used in violation of this provision of the ordinance. The amount of such water used shall be determined by the City, but in every such case where City water is used in violation of this provision of the ordinance. The amount of such water used shall be determined by the City, but in every such case where City water is used in violation hereof, the water bill shall be increased not less that the sum provided herein to be the monthly minimum water bill. There shall be a stop and waste between the meter and the wall, and a suitable place provided for the meter and the wall, and a suitable readily accessible at all times to the meter reader and inspectors of the City. All valves and fittings necessary to comply with these requirements and to provide connection to the meter, except a coupling or flange at each end of the meter, shall be provided by the owner of the premises to be served. In as that two (2) or more meters are desired for measuring water to different tenants in the same building from one service connection, they shall be so placed that no one of them shall measure water which is passed through another one.

SECTION 19. OWNERS TO PROTECT METERS.

(a) The owners or occupants of premises where a meter is installed shall be held responsible for its care and protection from freezing or hot water and from other injury or interference from any person or persons. In case of any injury to the meter, or in case of its stoppage or imperfect working, he shall give immediate notice to the City. In all cases where meters are broken or damaged by negligence of owners or occupants of premises, or by freezing, hot water, or other injuries except ordinary wear and tear, the necessary repairs shall be paid for by such owner or occupant, and in case payment thereof is neglected or refused, the cost of such repairs shall be added to the consumer’s water bill and payment thereof enforced as provided for delinquent water bills. Damage meters may be required by the City without first giving notice thereof to the owners of premises where such meter is located.

(b) No one shall in any way interfere with the proper registration of water meters, an no one except as authorized by the City shall break a seal of a meter, provided, however, that the City may grant written permission to approved plumbers in case of emergency to break a water meter seal.

(c) Wherever a water meter is installed on a water service in premises that are to be remodeled, removed, or destroyed, or where the service is discontinued so that the water meter is not longer needed, the owner of such premises shall give notice in writing to the City to remove such meter, and free access to such meter shall be provided at least twenty-four (24) hours after such notice is given so that the meter may be removed. The owner of the premise shall be held responsible for the meter until such written notice is given. If the meter is covered or lost, he shall be required to pay the City a sum equal to the fair, reasonable market value thereof. The replacement cost thereof is presumed to be its fair, reasonable market value.

SECTION 20. WATER RATES. The Council shall by resolution adopt a billing system for and set monthly rates and rentals for water.

SECTION 21. METER READING. All water meters shall be read bi-monthly on or just prior to the first day of the odd numbered month following the 2 (two) months during which the water is used.

SECTION 22. OTHER SUPPLY THAN CITY WATER. On premise where water is supplied from two sources, the City water being one of them, the piping system for City water must be entirely separated from that of the other source.

SECTION 23. INSPECTION OF METERS, PIPES AND FIXTURES. The City shall be permitted at all reasonable hours to enter the premises or buildings of consumers for the purpose of reading meters and to examine the water pipes and fixtures, and the manner in which water is used. The City reserves the right to set or remove a meter whenever it is deemed advisable to do so. Refusal on the part of the owner, consumer or occupant of any premises served with City water to permit an employee of the City to enter such premises at any reasonable hour for reading the water meter or inspecting water pipes and fixtures shall be sufficient cause to forthwith discontinue the water serve at such premises.

SECTION 24. FIRE HYDRANTS NOT TO BE USED. No person, save and except members of the City fire Department of the City of Alburnett, or employees of the own acting in regular performance of their duties, shall open any hydrant belonging to the City at any time with out a permit in writing signed by the City. Such permit shall cost Twenty-five ($25.00) dollars for each occasion a hydrant is opened.

SECTION 25. METER CONNECTION CHARGE. A meter connection charge of on hundred dollars ($100.00) dollars shall be made by owner or occupant of property. Water service accounts shall be kept in the name of the owner, and only such owner shall be recognized as the consumer, except where the tenant makes the connection charge.

SECTION 26. WATERWORKS COMMITTEE. The waterworks system shall be under the control of the City Council. At the first meeting in January after the regular municipal election, the Mayor shall appoint a committee of three members of the Council as a waterworks committee, to have supervision over the entire waterworks system, subject to the control of the entire Council.

SECTION 27. PUBLIC WORKS EMPLOYEE. The Council shall employ some competent person at a salary to be fixed by the Council, as a public works employee or as a person acting in that capacity. He shall supervise all machinery and the operation thereof pipes and hydrants. He shall test, repair and replace meters, shut off and turn on the water for non-payment of accounts or for new installations and do such other work and perform such other duties in connection with the waterworks system as the Council or waterworks committee thereof shall require.

SECTION 28. WATERWORKS FUNDS. There shall be an account kept by the Treasurer known as the Waterworks Fund. All money received from the collection of water rents, from taxation for water works purposes, from the sale of any property or material connected with the management and operation of the waterworks system, shall be placed in the waterworks fund, and all salaries and distributions connected with the management and operation of the waterworks system, shall be paid out of this fund.

SECTION 29. WATERWORKS PROPERTY. It shall be unlawful to break, injure, mar or deface, interfere with or disturb any building, machinery, apparatus, fixtures, attachments, or appurtenances of the waterworks, or any hydrant, stop-cock box, meter, water supply or service pipe or any part thereof, or deposit anything in any stop-cock box, or commit any act tending to obstruct or impair the intended use of any of the above mentioned property, without permission of the council, or excepting cases herein or otherwise provided by ordinances.

SECTION 30. BOND REQUIRED. Before any permit to excavate in any street for making or repairing a water connection is granted, the applicant including all plumbers shall have on file with the Clerk a surety bond with sureties approved by the Mayor and Clerk in the amount of Five Hundred ($500.00) Dollars conditioned upon the faithful observance of all ordinances of the Municipality, and that the Municipality will be saved harmless from all suits and damages for negligence in maintaining barricades for the protection of persons lawfully using the streets.

SECTION 31. OUTSIDE METER. Every residential consumer shall have a connected outside meter which is visible and readable from the outside of the consumer’s premises.

SECTION 32. TERMINATION OF SERVICE. Every residential customer seeking a refund of their meter deposit upon termination of City service shall pay all outstanding water bills with a certified check or cash payment before the deposit fee will be refunded.

SECTION 33. LATE PAYMENT CHARGE AND DISCONNECTION. Bills for the rates and charges herein established by the City shall be sent to account holders by ordinary mail monthly. All bills are due and payable upon posting and are delinquent if not paid on or before the 20th day of the month in which it became due and payable. If a bill is paid after the 20th day of the month, then a charge of $10.00 for residential customers and ten percent (10%) of the amount of the bill for commercial customers shall be added thereto and collected therewith. If service has been shut off, it will not be reinstated until all outstanding bills have been paid along with a Twenty-five ($25.00) connection fee. Account holders whose bills are not paid by the last day of the month in which it became due and payable are subject to disconnection.

Notice of the City’s intent to disconnect shall be sent by ordinary mail informing the account holder of the nature of the delinquency and affording the account holder the opportunity for a hearing before the Mayor prior to disconnection of service.

SECTION 34. LIEN CREATED BY UNPAID BILL. All sewer charges levied pursuant to the ordinance constitute a lien upon the premises charged therewith and if the same are not paid within sixty (60) days after due date, the charges shall be certified to the Auditor of Linn County who shall place the same on the tax duplicated and the charges or penalties allowed by law shall be collectible as other municipal taxes.

SECTION 35. RENTAL PROPERTY. Residential rental property where a charge for water service is separately metered and paid directly to the City of Alburnett by the tenant is exempt from a lien for delinquent rates or charges associated with such water service if the landlord gives written notice to the City of Alburnett that the property is residential rental property and that the tenant is liable for the rates or charges. The City of Alburnett will require a connection charge of one hundred dollars ($100.00) to be paid to the City of Alburnett Water Utility. Upon receipt, the City of Alburnett shall acknowledge the notice and connection charge. A written notice shall contain the name of the tenant responsible for charges, address of the residential rental property that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall require a new written notice to be given to the City of Alburnett within ten business days of the change in tenant. A change in the ownership of residential rental property shall require written notice of such change to be given to the City of Alburnett within ten business days of the completion of the change of ownership. The lien exemption for rental property does not apply to charges for water service if the repair charges become delinquent.

(Code of Iowa, Sec. 384.84[3d])

CHAPTER 34

SEWER DISTRICT

SECTION 1. DISTRICT ESTABLISHED. That the entire City of Alburnett, Iowa, now within the corporate boundaries of said City, be and the same is included in and declared to constitute and embrace one sewer district.

CHAPTER 35A

SANITARY SEWERS

GENERAL PROVISIONS

SECTION 1. PURPOSE

The purpose of the chapters of this Code of Ordinances pertaining to Sanitary Sewers is to establish rules and regulations governing the treatment and disposal of sanitary sewage within the City in order to protect the public health, safety and welfare.

SECTION 2. DEFINITION OF TERMS

(a) "B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter or parts per million.

(b) "Building Drain" means that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

(IAC, 567-69.3[1])

(c) "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal.

(IAC, 567-69.3[1])

(d) "Combined Sewer" means a sewer receiving both surface run-off and sewage.

(e) "Customer" means any person responsible for the production of domestic, commercial or industrial waste that is directly or indirectly discharged into the public sewer system.

(f) " Domestic Sewage" means sewage having a suspended solids content not to three hundred (300) mg/l and which does not contain substances, materials or waste set out in Section 28C-4 of this Code of Ordinances.

(g) "Foundation Drain" means that piping designed to drain groundwater from basement foundations.

(h) "Garbage" means solid wasted from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(i) "Industrial Wastes" means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(j) "Inspector" means the person duly authorized by the Council to inspect an approve the installation of building sewers and their connections to the public sewer system; and to inspect such sewage as may be discharges there from.

(k) "Natural Outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

(l) " Parts Per Million" or "ppm" means a weight-to-weight ratio; the parts-per-million value multiplied by the factor 8.345 is equivalent to pounds per million gallons of water, and means the same as milligrams per liter (mg/l.)

(m) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(n) "Private Sewer System" means a system that provides for the treatment or disposal of domestic sewage from four or fewer dwelling units or the equivalent of less than sixteen (16) individuals on a continuing basis.

(o) "Properly Shredded Garbage" means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

(p) "Public Sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(q) "Sanitary Sewage" means sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions, and free from storm, surface water, and industrial waste.

(r) "Sanitary Sewer" means sewage that carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(s) "Semi-public Sewage Disposal System" means a system for the treatment or disposal of domestic sewage that is not a private sewage disposal system and that is not owned by a city, a sanitary sewer district, or a designated and approved management agency under Section 208 of the Federal Water Pollution Control Act.

(t) "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

(u) "Sewage Treatment Plant" means any arrangement of devices and structures used for treating sewage.

(v) "Sewage Works" or "Sewage System" means all facilities for collecting, pumping, treating, and disposing of sewage.

(w) "Sewer" means a pipe or conduit for carrying sewage.

(x) "Sewer Rental" means any and all charges, rates, fees, or rentals levied against and payable by customers, as consideration for the servicing of said customers by said sewer system.

(y) "Slug" means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

(z) "Standard Methods" means the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the examination of Water, Sewage and Industrial Wastes," published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.

(aa) "Storm Drain" or Strom Sewer" means a sewer that carries storm and surface waters and drainage but excluding sewage and industrial wastes, other than unpolluted cooling water.

(bb) "Superintendent" means the superintendent of sewage works and/or of water pollution control of the City or any authorized deputy, agent, or representative.

(cc) "Suspended Solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and that are removable by laboratory filtering.

(dd) "Unpolluted Water or Liquids" means any water or liquid containing none of the following: free or emulsified grease or oil; substances that may impart taste and odor or color characteristics; volatile, explosive, toxic or poisonous substances in suspension, colloidal state or solution; explosive, or otherwise obnoxious gases. Such water or liquids shall not contain more than twenty-five (25) mg/l of suspended solids, and not more than twenty-five (25) mg/l of B.O.D.

(ee) "Watercourse" means a channel in which a flow or water occurs, either continuously or intermittently.

SECTION 3. PROHIBITED ACTS

(a) Damage Sewer System. Maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is a part of the sewer system.

(b) Downspouts. Connect a roof downspout, exterior foundation drain, areaway drain, or other source of surface run-off or groundwater to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer.

(c) Manholes. Open or enter any manhole of the sewer system, except by authority of the superintendent.

(d) Objectionable Wastes. Place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

(e) Septic Tanks. Construct or maintain any privy, privy vault, septic tank. Cesspool, or other facility intended or used for the disposal of sewage except as provided in these chapters.

Code of Iowa, Sec. 364.12[3f]

(f) Untreated Discharge. Discharge to any natural outlet within the City, or in any area under its jurisdiction, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these chapters.

Code of Iowa, Sec. 364.12 [3f]

SECTION 4. SEWER CONNECTION REQUIRED

The owners of any houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting in any street, alley or right-or-way in which there is now located, or may in the future be located, a public sanitary sewer, are hereby required to install, at such owner’s expense, suitable toilet facilities therein and a building sewer connecting such facilities directly with the proper public sewer, and to maintain the same all in accordance with the provisions of these Sanitary Sewers chapters, such compliance to be completed within ninety (90) days after date of official notice from the City to do so provided that said public sewer is located within one hundred (100) feet (30.5 meters) of the property line of such owner and is of such design as to receive an convey by gravity such sewage as may be conveyed to it. Billing for sanitary sewer service will begin the date of official notice to connect to the public

(Code of Iowa, Sec. 364.12 [3f]

(IAC, 567-69.3[3])

SECTION 5. SERVICE OUTSIDE THE CITY

The owners of property outside the corporate limits of the City so situated that it may be served by the City sewer system may apply to the Council for permission to connect to the public sewer upon the terms and conditions stipulated by resolution if the Council.

Code of Iowa, Sec. 364.4 [2 and 3])

SECTION 6. RIGHT OF ENTRY

The superintendent and other duly authorized employees for the City bearing proper credentials and identification shall be permitted to enter all propertied for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of these Sanitary Sewers chapters. The superintendent or representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

SECTION 7. OWNER’S LIABILITY LIMITED

While performing the necessary work on private property, the superintendent of duly authorized employees of the City shall observe all safety rules applicable to the premises established by the owner or occupant and the owner or occupant shall be held harmless for injury or death to City employees and the City shall indemnify the owner or occupant against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the owner or occupant and growing out of any gauging and sampling operation, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.

SECTION 8. USE OF EASEMENTS

The superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

SECTION 9. SPECIAL PENALTIES

The following special penalty provisions shall apply to violations of these Sanitary Sewers chapters:

1. Notice of Violation. Any person found to be violating any provisions of these chapters, except subsections 1, 3, 4 of Chapter 28A shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2. Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in subsection 1 hereof shall be in violation of the Code of Ordinances. Each day in which any such violation shall continue shall be deemed a separate offense.

3. Liability Imposed. Any person violating any of the provisions of these chapters shall become liable to the City for any expense, loss, or damage occasioned the City by reason if such violation.

SECTION 10. MAIN EXTENSIONS COSTS

The total cost of construction and installation, including cost of pipes, valves and appurtenances, from the existing City mains to the premises upon which services are required, shall be borne by the applicant. No such extensions will be a approved that do not extend the full width of applicant’s premises abutting on the extension. The Council will determine the size of all mains to be installed. In the event that service to the area in which the applicant’s development or other facility requiring sewer service is located shall require the extension of existing City sewer mains, the Council will, upon the request of the applicant, consider the extension of said mains to the nearest property line of the applicant’s premises upon which said development or facility is situated as a public project without cost, or on a cost-sharing basis, to the applicant, provided, however, that no such application for extension as a public project shall be granted unless the application states and the Council shall find that there is a reasonable possibility that the area lying between the existing main and the proposed development will require substantial sanitary sewer service within the ten-year period following the extension of said main or that the benefit to the residents of the City from the proposed development, project or facility in terms of general revenue from taxation, employment opportunities, consumption or other tangible public benefit shall appear to the City to justify the cost of said extension.

CHAPTER 35B

SANITARY SEWERS

BUILDING SEWERS AND CONNECTIONS

SECTION 1. ADDITIONAL FEES AND CHARGES

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the City Clerk. Before a permit may be issued for excavating for plumbing in any public street, right of way or alley, the person applying for such permit shall have executed unto the City of Alburnett, and deposited with the City Clerk, a corporate surety in the sum of $1,000.00 conditioned that they will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority and any ordinances of the City of Alburnett pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City of Alburnett and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and the kind arising out of lack of skill or negligence on his part in connection with plumbing or excavating for plumbing as prescribed in this ordinance. Such bond shall remain in force and must be executed for a period of one (1) year except that on such expiration it shall remain in force as to all penalties, claims and demands that may have been accrued hereunder prior to such expiration.

SECTION 2. PERMIT CLASSES

There shall be two (2) classes of building sewer permits:

(1) for residential service, and

(2) for service to establishments producing industrial waste.

In either case, the owner or his agent shall make application on a special form furnished by said City Clerk. The permit applications shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the inspector. A permit and inspection fee for a residential or commercial building sewer permit and an industrial building sewer permit shall be paid to the City Clerk at the time the application is filed. In case of a new connection being added to a public sewer, a separate connection charge shall be paid to the City Clerk at the time of the permit application. A separate connection and inspection charge shall be paid for each connection to the public sewer. Permit and inspection and connection charges shall be established by the City Council. (See Chapter 25)

SECTION 3. PLUMBER REQUIRED

The installation of the building sewer and its connection to a public sewer shall be made only by a licensed plumber who has obtained a permit to perform such work in accordance with Chapter 25 of this Code of Ordinances.

SECTION 4. EXCAVATIONS

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City. Pipe laying and backfill shall be performed in accordance with ASTM Specification C-12 for rigid pipe or ASTM Specification D-2321 for flexible (plastic) pipe, except that no backfill shall be placed until the work has been inspected. The excavations shall be made in accordance with the provisions of Chapter 26 where applicable.

SECTION 5. CONNECTION REQUIREMENTS

Any connection with a public sanitary sewer must be made under the direct supervision of the Superintendent and in accordance with the following:

(3) Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test conducted by the owner and observed by the superintendent, to meet all requirements of this chapter.

(4) Separate Building Sewers. A separate and independent building sewer shall be provided for every occupied building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(5) Installation. The connection of the building sewer into the public sewer shall conform to the requirements of the Uniform Plumbing Code, applicable rules and regulations of the City, or the procedures set forth in ASTM Specification C-12 for rigid pipe or ASTM Specification D-2321 for flexible (plastic) pipe. All such connections shall be made gastight and watertight. The superintendent, before installation, must approve any deviation from the prescribed procedures and materials.

(6) Water Lines. When possible, building sewers should be laid at least ten (10) feet horizontally from a water service. The horizontal separation may be less, provided the water service line is located at one side and at least twelve (12) inches above the top of the building sewer.

(7) Size. Building sewers shall be sized for the peak expected sewage flow from the building with a minimum building size of four (4) inches.

(8) Alignment and Grade. All building sewers shall be laid to a straight line and at a uniform grade of not less than the following:

(A) Four (4) inch lines: one-fourth (1/4) inch per foot.

(B) Six (6) inch lines: one-eighth (1/8) inch per foot.

(C) Minimum velocity: 2.50 feet per second with the sewer half full.

(D) Deviations: any deviation in alignment or grade shall be made only with the written approval of the superintendent and shall be made only with properly curved pipe and fittings.

(9) Depth. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Building Inspector. Pipe laying and backfill shall be performed in accordance with ASTM specification C-1212 for rigid pipe or ASTM Specification D-2321 for flexible (plastic) pipe, except that no backfill shall be placed, until, the work has been inspected by the Superintendent or a representative.

(10) Sewage Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

(11) Pipe Specifications. Building sewer pipe shall be free from flaws, splits, or breaks. Materials shall be as specified in Division 4 of the State Building Code or the City plumbing code except that the building sewer pipe, from the property line to the public sewer, shall comply with the current edition of one of the following:

(A) Clay sewer pipe – ASTM C-700 (extra strength).

(B) Extra heavy cast iron soil pipe – ASTM A-74.

(C) Cast and ductile iron water pipe – ASTM A-377.

(D) Polyvinyl Chloride (PVC) SDR 23.5

PVC – ASTM – D 3034 Plastic (Slip Joint)

PVC Resin Type 1245b

Backfill according to PVC Manufacturer’s specifications

(10)Bearing Walls. No building sewer shall be laid parallel to, or within three (3) feet of any bearing wall, which might thereby be weakened.

(11)Jointing. Fittings, type of joint, and jointing material shall be commensurate with the type of pipe used, subject to the approval of the Building Inspector, and subject to the current edition of the following specific requirements.

(A) Clay sewer pipe – compression joints in accordance with ASTM C-425.

(B) Cast iron soil pipe – ASTM A-74.

(C) Polyvinyl Chloride

PVC – ASTM – D 3034 Plastic (Slip Joint).

(12)Unstable Soil. No sewer connection shall be laid so that it is exposed when crossing any watercourse. Where an old watercourse must of necessity be crossed or where there is any danger of undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe thoroughly encased in concrete shall extend at least (6) inches on all sides of the pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid material at either end. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that vitrified clay pipe may be accepted if laid on a suitable improved bed or cradle as approved by the Building Inspector.

(13)Preparation of Basement or Crawl Space. No connection for any residence, business or other structure with any sanitary sewer shall be made unless the basement floor is poured, or in the case of a building with a slab or crawl space, unless the ground floor is installed with the area adjacent to the foundation of such building cleared of debris and backfilled. The backfill shall be well compacted and graded so that the drainage is away from the foundation. Prior to the time the basement floor is poured, or the first floor is installed in buildings without basements, the sewer shall be plugged and the plug shall be sealed by the superintendent. Any accumulation of water in any excavation or basement during construction and prior to connection to the sanitary sewer shall be removed by means other than draining into the sanitary sewer.

SECTION 6. INTERCEPTORS REQUIRED

Grease, oil, sludge and sand interceptors shall be provided by filling stations, automobile wash racks, garages, and other facilities, when, in the opinion of the superintendent, they are necessary for the proper handling of such wastes that contain grease in excessive amounts or any flammable waste, sand or other harmful ingredients. Such interceptors shall not be required for private living quarters or dwelling units. When required, such interceptors shall be installed in accordance with the following:

(1) Design and Location. All interceptors shall be if a type and capacity as provided by the Iowa Public Health Bulletin and Division 4 of the State Building Code, to be approved by the superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection.

(2) Construction Standards. The interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers that shall be gastight and watertight.

(3) Maintenance. All interceptors of grease, oil, sludge and sand shall be maintained by the owner at the owner’s expense in continuously efficient operations at all times

SECTION 7. SEWER TAP

Connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If no properly located "Y" branch is available, the property owner shall at the owner’s expense install a "Y" saddle in the public sewer at the location specified by the superintendent. The public sewer shall be tapped with a tapping machine and a saddle appropriate to the type of public sewer shall be glued and attached with stainless steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a manhole unless special written permission is received from the superintendent and in accordance with the superintendent’s direction, if such connection is approved. In certain situations, a saddle type, connection, may be allowed, by, the superintendent. Connections of this type shall be made in a smooth, round hole, cut into the main sewer pipe. The fitting used in the connection shall be made in such a manner as to insure that no protrusion of the fitting into the main sewer pipe shall result. The connector shall fit perfectly the contour of the inside of the sanitary sewer and shall be specifically designed to fit the particular size main sewer pipe into which the connection is made. The hole shall be of such size to provide one-eighth (1/8) inch clearance between the outside of the fitting and the hole. The space thus provided shall be complete filled with joint material. The space between the shoulder of the fitting and the face of the main sewer pipe shall be one-eighth (1/8) inch thick and this space shall also be completely filled with joint material. The joint material used for the saddle type house service connection shall be completely waterproof and shall be capable of withstanding any condition of stress or strain likely to be encountered in normal sanitary sewer construction or maintenance. Concrete encasement will not be considered waterproof. The fitting shall be manufactured of either case aluminum alloy, cast-iron, polyvinyl chloride or vitrified clay pipe and shall be capable of receiving all normally used types of pipe for house service connections.

SECTION 8. INSPECTION REQUIRED

All connections with the sanitary sewer system before being covered shall be inspected and approved, in writing, by the superintendent. As soon as all pipe work from the public sewer to inside the building has been completed, and before any backfilling is done, the Building Inspector shall be notified and the superintendent shall inspect and test the work as to workmanship and material; no sewer pipe laid under ground shall be covered or trenches filled until after the sewer has been inspected and approved. If the superintendent refused to approve the work, the plumber or owner must proceed immediately to correct the work.

SECTION 9. PROPERTY OWNER’S RESPONSIBILITY

All costs and expenses incident to the installation, connection and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

SECTION 10. ABATEMENT OF VIOLATIONS

Construction or maintenance of building sewer lines whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner’s expense, within thirty (30) days after date of official notice from the Council of such violation. If not made within such time the Council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12[3])

CHAPTER 35C

SANITARY SEWERS

USE OF PUBLIC SEWERS

SECTION 1. STORM SEWERS

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof run-off, sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

SECTION 2. SURFACE WATERS EXCEPTION

Special permits discharging surface waters to a public sanitary sewer, may be issued by the Council upon recommendation of the superintendent where such discharge is deemed necessary or advisable for purposes of flushing, but any permit so issued shall be subject to revocation at any time when deemed to the best interests of the sewer system.

SECTION 3. PROHIBITED DISCHARGES

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a) Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, or gas.

(b) Toxic or Poisonous Materials. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, includin