Below are some of the most common ordinances in the City of Walker. For a full listing contact city hall at 319-448-4359.
COMMUNITY ROOM AND PARK REGULATIONS
47.07 Camping Refused
47.02 Use of Drives Required
47.08 North Pavilion Reservations
47.09 South Pavilion Reservations
47.10 Park Hours
47.05 Keg Beer
47.11 Community Room
47.06 Camping Areas
47.12 Ballpark Regulations
47.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment of park facilities by the general public by establishing rules and regulations governing the use of park facilities.
(Code of Iowa, Sec. 392.1)
47.02 USE OF DRIVES REQUIRED. No person shall drive any car, bicycle or other vehicle, or ride or drive any horse, in any portion of a park except upon the established drives or roadways therein or such other places as may be officially designated by the City.
47.03 FIRES. No fires shall be built, except in a place provided therefor, and such fire shall be extinguished before leaving the area.
47.04 LITTERING. No person shall place, deposit, or throw any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.
47.05 KEG BEER. No person shall have keg beer in a City park unless such person has obtained approval from the City Council and has deposited a fifty dollar ($50.00) refundable damage deposit with the City Clerk.
47.06 CAMPING AREAS. No person shall camp in any portion of a park except with Council permission and in portions of the park prescribed or designated by the Council.
47.07 CAMPING REFUSED. The City may refuse camping privileges or rescind any and all camping privileges for cause.
47.08 NORTH PAVILION RESERVATIONS. Reservations for the North Pavilion are to be made with the City Clerk. A one hundred and fifty dollar ($150.00) fee is required for each time the North Pavilion is rented, of which $100.00 will be a security deposit to be refunded if it is clean, undamaged, and the garbage is removed from the pavilion by the renters. Non-profit organizations are allowed to use the facility free of charge.
(Ord. 329 – Jun. 16 Supp.)
47.09 SOUTH PAVILION RESERVATIONS. The South Pavilion cannot be reserved. Occupancy will be on a “first come, first served” basis.
47.10 PARK HOURS. All City parks shall be closed from 10:30 p.m. to 6:00 a.m.
47.11 COMMUNITY ROOM. Reservations for the Community Room are to be made with the City Clerk. A thirty-five dollar ($35.00) fee is required for each time the Community Room is used, of which $10.00 will be a security deposit to be refunded if it is clean and the garbage is removed by the renters. Non-profit organizations are allowed to use the facility free of charge.
47.12 BALLPARK REGULATIONS. All leagues (including tee ball, pitch, Babe Ruth, and adult) shall submit a schedule of games to be played at the ballpark, including all games to be played under the lights.
A. On Friday and Saturday, the last game shall start no later than 10:30 p.m., with lights out no later than midnight.
B. On Sunday through Thursday, the last game shall start no later than 9:00 p.m., with lights out no later than 10:30 p.m.
C. Lights will not be used for any practices.
D. Time of usage of the lights will be turned into the City bi-monthly in writing before each Council meeting.
E. Fuse box shall be locked at all times. The responsibility for this will be on the teams last using the lights.
F. The key will remain the property of the City. The key may be kept by the leagues and a responsible person designated by the league to keep the key.
G. Light fees and insurance for lights are the responsibility of the adult league.
2. Alcohol. See Section 47.05 for keg beer regulations. No alcohol sales or donations for alcohol shall be permitted without prior Council approval, leasing the property with proper insurance, liquor license and police coverage.
3. Admission Fees. No admission fees to the ball park are permitted without Council approval and leasing the property.
4. Curfew. Curfew shall be 12:30 a.m. during summer months of May through September.
Abuse of any of these privileges will result in the loss of said privileges.
CHAPTER 50 - NUISANCE ABATEMENT PROCEDURE
50.01 Definition of Nuisance
50.05 Nuisance Abatement
50.02 Nuisances Enumerated
50.06 Abatement of Nuisance by Written Notice
50.03 Other Conditions
50.07 Municipal Infraction Abatement Procedure
50.04 Nuisances Prohibited
50.01 DEFINITION OF NUISANCE. Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.
(Code of Iowa, Sec. 657.1)
50.02 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 any place to the prejudice of others.
3. Impeding Passage of Navigable River. Obstructing 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 or 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. Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof. (See also Section 62.06)
7. Storing of 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. (See also Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes or fly ash.
9. 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.
10. Dutch Elm Disease. Trees infected with Dutch Elm Disease. (See also Chapter 150)
11. Airport Air Space. Any object or structure hereafter erected within one thousand (1,000) feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
12. 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 of the peace are carried on or permitted to the disturbance of others.
50.03 OTHER CONDITIONS. The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Dangerous Buildings (See Chapter 145)
3. Storage and Disposal of Solid Waste (See Chapter 105)
4. Trees (See Chapter 150)
50.04 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)
50.05 NUISANCE ABATEMENT. Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the municipal infraction procedure referred to in Section 50.07.
(Code of Iowa, Sec. 364.12[3h])
50.06 ABATEMENT OF NUISANCE BY WRITTEN NOTICE. Any nuisance, public or private, may be abated in the manner provided for in this section:
(Code of Iowa, Sec. 364.12[3h])
1. Contents of Notice to Property Owner. The notice to abate shall contain: †
A. Description of Nuisance. A description of what constitutes the nuisance.
B. Location of Nuisance. The location of the nuisance.
C. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
D. Reasonable Time. A reasonable time within which to complete the abatement.
E. 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 the property owner.
2. Method of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner.
(Code of Iowa, Sec. 364.12[3h])
3. Request for Hearing. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before 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 reasonable time under the circumstances.
4. 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 that may be required under this chapter without prior notice. The City shall assess the costs as provided in subsection 6 of this section after notice to the property owner under the applicable provisions of subsection 1 and 2, and the hearing as provided in subsection 3.
(Code of Iowa, Sec. 364.12[3h])
5. 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 expenses on behalf of the City.
(Code of Iowa, Sec. 364.12[3h])
6. 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 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])
7. 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)
8. 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 Ordinances.
50.07 MUNICIPAL INFRACTION ABATEMENT PROCEDURE. In lieu of the abatement procedures set forth in Section 50.06, the requirements of this chapter may be enforced under the procedures applicable to municipal infractions as set forth in Chapter 3 of this Code of Ordinances.
CHAPTER 55 - ANIMAL PROTECTION AND CONTROL
55.12 Dogs in Parks
55.02 Animal Neglect
55.13 Confinement of Female Dogs in Heat
55.03 Livestock Neglect
55.14 Dangerous Domestic Animals
55.04 Abandonment of Cats and Dogs
55.15 Vicious Dogs and Dangerous Animals
55.16 Rabies Vaccination
55.06 At Large Prohibited
55.17 Owner’s Duty
55.07 Damage or Interference
55.08 Annoyance or Disturbance
55.19 At Large: Impoundment
55.09 Number of Animals
55.20 Disposition of Animals
55.10 Unhealthful or Unsanitary Conditions
55.21 Pet Awards Prohibited
55.11 Tethering of Animals
55.01 DEFINITIONS. The following terms are defined for use in this chapter.
1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
2. “Animal” means a nonhuman vertebrate.
(Code of Iowa, Sec. 717B.1)
3. “At heel” means, with reference to a dog, within three feet of a person and subject to that person’s strict obedient command and control.
4. “At large” means off the premises of the owner, unless:
A. The animal is on a leash, cord, chain or similar restraint not more than six feet in length and is under the control of the person, or
B. The animal is within a motor vehicle, or
C. The animal is housed within a veterinary hospital, licensed kennel, pet shop or animal shelter or police vehicle, or
D. The animal is at heel.
5. “Business” means any enterprise relating to any of the following:
A. The sale or offer for sale of goods or services.
B. A recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
6. “City Veterinarian” means a person licensed to practice veterinarian medicine, surgery and dentistry in the State, designated by the City from time to time as City Veterinarian.
7. “Dangerous animal” means, for the purposes of this chapter, all of the following, whether actually vicious or not:
A. Lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats;
B. Black bears, polar bears and grizzly bears;
C. Alligators and crocodiles;
D. All venomous and constricting snakes.
8. “Dangerous domestic animal” means, for the purposes of this chapter, all of the following animals, whether or not actually vicious:
A. Staffordshire Terriers – know as Pit Bulls.
9. “Dog” means any member of the canine species, male or female, neutered or unneutered.
10. “Fair” means any of the following:
A. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
12. “Housing” means any location where an animal is normally kept.
13. “In heat” means a female dog during the active state of estrus.
14. “Kennel dogs” means dogs kept or raised solely for the purpose of sale and kept under constant restraint.
15. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
(Code of Iowa, Sec. 717.1)
16. “Owner” means any person owning, keeping, sheltering or harboring an animal.
17. “Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.
18. “Pet shop” means any business established for the purpose of breeding, buying, selling or boarding of animals, excepting kennels.
19. “Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseased and injured animals.
20. “Vicious dog” means a dog which inflicts a bite or bites upon and/or attacks human beings or domesticated animals without cause or justification, and may or may not be a dangerous domestic animal.
21. “Walker” means any person having control over or attempting to have control over a dog when it is off the premises of its owner.
55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.
(Code of Iowa, Sec. 717B.3)
55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.
(Code of Iowa, Sec. 717.2)
55.04 ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.
(Code of Iowa, Sec. 717B.8)
55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the City except by written consent of the Council [ST1] or except in compliance with the City’s zoning regulations.
55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.
55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.
55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles.
55.09 NUMBER OF ANIMALS. No person shall harbor or maintain such number of dogs or cats, or combination thereof, to create unhealthful or unsanitary conditions for the humans or animals occupying the premises, or create any other conditions constituting a nuisance. If such conditions exist, the City Veterinarian is authorized to make an investigation, and after notice to the person occupying or maintaining the residence or premises, or the persons harboring or maintaining the animals, and hearing, the City Veterinarian may order that such number of the animals be moved from the residence or premises to remedy or correct the unhealthful, unsanitary or other conditions constituting a nuisance. Upon the failure of the person or persons to follow the orders issued by the City Veterinarian, appropriate action may be pursued in the courts to enforce the order of the City Veterinarian and/or to correct the conditions and/or to abate the nuisance.
55.10 UNHEALTHFUL OR UNSANITARY CONDITIONS.
1. An owner shall keep all structures, pens, coops, or yards where animals are confined clean, devoid of vermin, and free of odors arising from feces.
2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal. The owner or walker shall be deemed to permit the animal’s discharge of feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.
3. All feces removed shall be placed in an airtight container until it is removed pursuant to refuse collection procedures or otherwise disposed of in a sanitary manner.
An owner may, as an alternative to subsection 3 above, collect the feces and turn it under the surface of the owner’s soil in a manner that prevents odor or collection of vermin.
55.11 TETHERING OF ANIMALS. No person shall stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over or across any public sidewalk, street or alley or private property other than the owner’s.
55.12 DOGS IN PARKS.
1. No dog shall be allowed in or within 50 feet of any pavilion, playground or ball field in a City park, except properly trained dogs for the blind or deaf are permitted in and within 50 feet of pavilions.
2. No dog shall be allowed in any other area of a City park unless it is attached to a leash not more than six feet in length and having sufficient strength to restrain the dog when the leash is held by a person capable of restraining and controlling the dog.
55.13 CONFINEMENT OF FEMALE DOGS IN HEAT. The owner of any female dog in heat shall confine said animal inside the house or building on the owner’s premises during the heat period. The owner may remove the dog in heat from his or her premises for purposes of breeding and/or exercise, provided the animal is on a leash, cord, chain or similar restraint not more than six (6) feet in length and under the control of the owner. No female dog in heat shall be allowed at heel.
55.14 DANGEROUS DOMESTIC ANIMALS. Dangerous domestic animals within the City limits shall be muzzled at all times.
55.15 VICIOUS DOGS AND DANGEROUS ANIMALS.
1. No person shall own, keep or harbor a vicious dog or dangerous animal within the City.
2. It is the duty of the Animal Control Officer to impound any vicious dog or dangerous animal. In the event the animal cannot be caught by the Animal Control Officer without exposing the officer to danger or personal injury, the animal may be destroyed.
3. The following are excluded from the requirements of this section:
A. Public zoos, fully accredited educational or medical institutions; Linn County Humane Society; Cedar Rapids Animal Shelter; public museums where such dangerous animals are kept as live specimens for public viewing, or for the purpose of instruction and research.
B. Exhibitions to the public by a traveling circus, carnival, exhibit or show, duly licensed in accordance with the ordinances of the City.
C. Dangerous animals in a licensed veterinary hospital for treatment.
D. Dangerous animals under the jurisdiction of and in the possession of the Department of Natural Resources.
E. Animals possessed under authority of a State-issued game breeder’s license or scientific collector’s license.
F. Dangerous animals maintained by the Federal, State or County government.
55.16 RABIES VACCINATION. Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six 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 are not subject to these vaccination requirements.
(Code of Iowa, Sec. 351.33)
55.17 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.
(Code of Iowa, Sec. 351.38)
55.18 CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.
(Code of Iowa, Sec. 351.39)
55.19 AT LARGE: IMPOUNDMENT. Animals found at large in violation of this chapter shall be seized and impounded at the impoundment facilities utilized by the City, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
55.20 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven (7) days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.
(Code of Iowa, Sec. 351.37, 351.41)
55.21 PET AWARDS PROHIBITED.
(Code of Iowa, Ch. 717.E)
1. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
A. A prize for participating in a game.
B. A prize for participating in a fair.
C. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
D. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
2. Exceptions. This section does not apply to any of the following:
A. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
B. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s Federation.
CHAPTER 75 - ALL-TERRAIN VEHICLES AND SNOWMOBILES
75.05 Operation of All-Terrain Vehicles
75.03 General Regulations
75.07 Accident Reports
75.04 Operation of Snowmobiles
75.01 PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City.
75.02 DEFINITIONS. For use in this chapter the following terms are defined:
1. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle, with not less than three and not more than six low pressure tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than one thousand (1,000) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
(Code of Iowa, Sec. 321I.1)
2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but that contains design features that enable operation over natural terrain. An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
(Code of Iowa, Sec. 321I.1)
3. “Off-road utility vehicle” means a motorized flotation-tire vehicle, with not less than four and not more than eight low-pressure tires, that is limited in engine displacement to less than one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than one thousand eight hundred (1,800) pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
(Code of Iowa, Sec. 321I.1)
4. “Snowmobile” means a motorized vehicle that weighs less than one thousand (1,000) pounds, that uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis, or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle that has been altered or equipped with runners, skis, belt-type tracks, or treads.
(Code of Iowa, Sec. 321G.1)
75.03 GENERAL REGULATIONS. No person shall operate an ATV, off-road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.
(Code of Iowa, Ch. 321G & Ch. 321I)
75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:
1. Streets. Snowmobiles shall be operated only upon streets that 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. Snowmobiles may be operated on prohibited streets only under the following circumstances:
A. Emergencies. 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. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:
(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 snowmobile is brought to a complete stop before crossing the street;
(3) The driver yields the right-of-way to all on-coming traffic that 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)
3. Railroad Right-of-Way. Snowmobiles shall not be operated on an operating railroad right-of-way. A 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, use the improved portion of the established crossing after yielding to all oncoming traffic.
(Code of Iowa, Sec. 321G.13[1h])
4. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.
(Code of Iowa, Sec. 321G.9[4f])
5. Parks and Other City Land. 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-tenth of one inch.
6. Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.
75.05 OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:
1. Streets. ATVs and off-road utility vehicles may be operated on streets only in accordance with Section 321.234A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the operation of registered ATVs or registered off-road utility vehicles. In designating such streets, the Council may authorize ATVs and off-road utility vehicles to stop at service stations or convenience stores along a designated street.
(Code of Iowa, Sec. 321I.10[1 & 3]
2. Trails. ATVs shall not be operated on snowmobile trails except where designated.
(Code of Iowa, Sec. 321I.10)
3. Railroad Right-of-way. ATVs shall not be operated on an operating railroad right-of-way. An ATV 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, use the improved portion of the established crossing after yielding to all oncoming traffic.
(Code of Iowa, Sec. 321I.14[1h])
4. Parks and Other City Land. ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.
5. Sidewalk or Parking. ATVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”
75.06 NEGLIGENCE. The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.
(Code of Iowa, Sec. 321G.18 & 321I.19)
75.07 ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1,000.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.
(Code of Iowa, Sec. 321G.10 & 321I.11)
CHAPTER 90 - WATER SERVICE SYSTEM
90.11 Installation of Water Service Pipe
90.02 Public Works Director’s Duties
90.12 Responsibility for Water Service Pipe
90.03 Mandatory Connections
90.13 Failure to Maintain
90.04 Abandoned Connections
90.14 Curb Valve
90.15 Interior Valve
90.06 Fee for Permit
90.16 Inspection and Approval
90.07 Compliance with Plumbing Code
90.17 Completion by the City
90.08 Plumber Required
90.18 Shutting off Water Supply
90.19 Operation of Curb Valve and Hydrants
90.10 Tapping Mains
90.01 DEFINITIONS. The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System:
1. “Combined service account” means a customer service account for the provision of two or more utility services.
2. “Customer” means, in addition to any person receiving water service from the City, the owner of the property served, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
3. “Water main” means a water supply pipe provided for public or community use.
4. “Water service pipe” means the pipe from the water main to the building served.
5. “Water system” or “water works” means all public facilities for securing, collecting, storing, pumping, treating and distributing water.
90.02 PUBLIC WORKS DIRECTOR’S DUTIES. The Public Works Director shall supervise the installation of water service pipes and their connection to the water main and enforce all regulations pertaining to water services in the City in accordance with this chapter. This chapter shall apply to all replacements of existing water service pipes as well as to new ones. The Public Works Director shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council. In the event of an emergency the Public Works Director may make temporary rules for the protection of the system until due consideration by the Council may be had.
(Code of Iowa, Sec. 372.13)
90.03 MANDATORY CONNECTIONS. All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.
90.04 ABANDONED CONNECTIONS. When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation stop and made absolutely watertight.
90.05 PERMIT. Before any person makes a connection with the public water system, a written permit must be obtained from the City. The application for the permit shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. If the proposed work meets all the requirements of this chapter and if all fees required under this chapter have been paid, the permit shall be issued. Work under any permit must be completed within sixty (60) days after the permit is issued, except that when such time period is inequitable or unfair due to conditions beyond the control of the person making the application, an extension of time within which to complete the work may be granted. The permit may be revoked at any time for any violation of these chapters.
90.06 FEE FOR PERMIT. A permit fee as set forth in the Schedule of Fees must accompany the application upon submission to the City.
(Ord. 323 – Dec. 15 Supp.)
90.07 COMPLIANCE WITH PLUMBING CODE. The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code.
90.08 PLUMBER REQUIRED. All installations of water service pipes and connections to the water system shall be made by a State-licensed plumber.
90.09 EXCAVATIONS. All trench work, excavation and backfilling required in making a connection shall be performed in accordance with applicable excavation provisions as provided for installation of building sewers and/or the provisions of Chapter 135.
90.10 TAPPING MAINS. All taps into water mains shall be made by or under the direct supervision of the Public Works Director and in accord with the following:
(Code of Iowa, Sec. 372.13)
1. Independent Services. No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the Public Works Director and unless provision is made so that each house, building or premises may be shut off independently of the other.
2. Sizes and Location of Taps. All mains six (6) inches or less in diameter shall receive no larger than a ¾-inch tap. All mains of over six inches in diameter shall receive no larger than a one-inch tap. Where a larger connection than a one-inch tap is desired, two or more small taps or saddles shall be used, as the Public Works Director shall order. All taps in the mains shall be made in the top half of the pipe, at least eighteen (18) inches apart. No main shall be tapped nearer than two (2) feet of the joint in the main.
3. Corporation Stop. A brass corporation stop, of the pattern and weight approved by the Public Works Director, shall be inserted in every tap in the main. The corporation stop in the main shall be of the same size as the service pipe.
4. Location Record. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Public Works Director in such form as the Public Works Director shall require.
90.11 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from the main to the meter setting shall be Type K copper. The use of any other pipe material for the service line shall first be approved by the Public Works Director. Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing.
90.12 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the main to the building served 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 or maintenance of said water service pipe.
90.13 FAILURE TO MAINTAIN. When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property.
(Code of Iowa, Sec. 364.12[3a & h])
90.14 CURB VALVE. There shall be installed within the public right-of-way a main shut-off valve on the water service pipe of a pattern approved by the Public Works Director. The shut-off valve shall be constructed to be visible and even with the pavement or ground.
90.15 INTERIOR VALVE. There shall be installed a shut-off valve on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently. Where one service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with service to the others.
90.16 INSPECTION AND APPROVAL. All water service pipes and their connections to the water system must be inspected and approved in writing by the Public Works Director before they are covered, and the Public Works Director shall keep a record of such approvals. If the Public Works Director refuses to approve the work, the plumber or property owner must proceed immediately to correct the work. Every person who uses or intends to use the municipal water system shall permit the Public Works Director to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority.
90.17 COMPLETION BY THE CITY. Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the City shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before receiving another permit, and the plumber’s bond or cash deposit shall be security for the assessment. If the property owner is assessed, such assessment may be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])
90.18 SHUTTING OFF WATER SUPPLY. The Public Works Director may shut off the supply of water to any customer because of any violation of the regulations contained in these Water Service System chapters that is not being contested in good faith. The supply shall not be turned on again until all violations have been corrected and the Public Works Director has ordered the water to be turned on.
90.19 OPERATION OF CURB VALVE AND HYDRANTS. It is unlawful for any person except the Public Works Director to turn water on at the curb valve, and no person, unless specifically authorized by the City, shall open or attempt to draw water from any fire hydrant for any purpose whatsoever.
CHAPTER 91 - WATER METERS
91.06 Meter Costs
91.02 Water Use Metered
91.07 Meter Repairs
91.03 Fire Sprinkler Systems – Exception
91.08 Right of Entry
91.04 Location of Meters
91.09 Meter Installation Fee
91.05 Meter Setting
91.10 Accuracy Test
91.01 PURPOSE. The purpose of this chapter is to encourage the conservation of water and facilitate the equitable distribution of charges for water service among customers.
91.02 WATER USE METERED. All water furnished customers shall be measured through meters furnished by the City and installed by the City.
91.03 FIRE SPRINKLER SYSTEMS – EXCEPTION. Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the Public Works Director. No open connection can be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.
91.04 LOCATION OF METERS. All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.
91.05 METER SETTING. The property owner shall provide all necessary piping and fittings for proper setting of the meter including a globe-type valve on the discharge side of the meter. Meter pits may be used only upon approval of the Public Works Director and shall be of a design and construction approved by the Public Works Director.
91.06 METER COSTS. The full cost of any meter shall be paid to the City by the property owner or customer prior to the installation of any such meter by the City.
91.07 METER REPAIRS. Whenever a water meter is found to be out of order the Public Works Director shall have it repaired or replaced. If it is found that damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, then the property owner shall be liable for the cost of repairs or replacement.
91.08 RIGHT OF ENTRY. The Public Works Director shall be permitted to enter the premises of any customer at any reasonable time to read, remove, or change a meter.
91.09 METER INSTALLATION FEE. The property owner shall pay an installation fee of sixty dollars ($60.00) for each new installation of a water meter. Such meter is the property of the City.
91.10 ACCURACY TEST. The Public Works Director shall make a test of the accuracy of any water meter at any time when requested in writing, but not more often than once in 18 months. Such request shall be accompanied by a refundable deposit of twenty-five dollars ($25.00) guaranteeing payment of costs if found due. If the meter is found to overrun to the extent of two percent (2%) or more, the cost of the test shall be paid by the City and a refund shall be made to the customer for overcharges collected since the last known date of accuracy, but not for longer than 30 months, plus the meter test deposit. If the meter is found to be accurate or slow, or less than 2% fast, the customer deposit shall be forfeited as the reasonable costs of the test, and the customer shall be liable for any deficiency over 2% up to 30 months.
CHAPTER 92 - WATER RATES
92.01 Service Charges
92.08 Property Owner Responsibility/City Responsibility
92.02 Rates For Service
92.09 Lien for Nonpayment
92.03 Rates Outside the City
92.10 Lien Exemption
92.04 Billing for Water Service
92.11 Lien Notice
92.05 Customer Deposits
92.12 Temporary Vacancy
92.06 Service Discontinued
92.13 Broken Meter
92.07 Payment Agreement
92.14 Customer Moving From Premises
92.01 SERVICE CHARGES. Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91. Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.
(Code of Iowa, Sec. 384.84)
92.02 RATES FOR SERVICE. Water service shall be furnished at the following monthly rates within the City:
(Code of Iowa, Sec. 384.84)
1. Minimum Rate ? First 1,500 gallons – $30.14.
2. All over 1,500 gallons (per thousand) ? $6.30.
(Ord. 326 – Dec. 15 Supp.)
92.03 RATES OUTSIDE THE CITY. Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at rates one hundred fifty percent (150%) of the rates provided in Section 92.02. No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council.
(Code of Iowa, Sec. 384.84)
92.04 BILLING FOR WATER SERVICE. Water service shall be billed as part of a combined service account, payable in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Meters Read. The City of Walker Public Works Technician or other qualified representative shall read all water meters during the last three (3) business days of each month. The City Clerk shall process the information and prepare and mail bills on or before the third (3rd) business day of each month.
2. Bills Issued. The Clerk shall prepare, date and issue bills for combined service accounts and bills shall be deemed issued as of the date indicated on the bills.
3. Bills Payable. All bills for water and sewer service will be due and payable at the office of the City Clerk by the 20th of the month. Bills not paid by the due date shall be considered delinquent.
4. Late Payment Penalty. A late payment penalty of five percent (5%) of the amount due shall be added to each delinquent bill.
92.05 CUSTOMER DEPOSITS. Customer deposits are required of all customers. Such deposit shall be seventy-five dollars ($75.00) for every new account or new address (including existing customers moving to a new address). The City Clerk will issue a receipt of deposit to each customer from whom a deposit is received. The deposit will be held by the City until all monies owed are settled. The deposit may be applied to the final bill if desired by the customer, and if the final billing amount is less than the deposit on file. The deposit will not be returned until all forms of payments have cleared and the City of Walker has full remittance of any monies owed.
(Code of Iowa, Sec. 384.84)
92.06 SERVICE DISCONTINUED. Water service to delinquent customers shall be discontinued in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Notice. The City Clerk on the next business day after the 20th of each month shall notify each delinquent customer that service will be discontinued on the last day of the month if payment including late payment charges is not received. Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred. The notice shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance of service. Customer will pay the seventy-five dollar ($75.00) fee under subsection 5, when a shut-off notice is posted.
2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord.
3. Hearing. A request for a hearing must be made in writing to the City Clerk within three (3) business days from the date of the notice. The hearing will be conducted in accordance with procedures established by the Mayor. The Mayor shall make a determination as to whether the disconnection is justified. The disconnection shall proceed unless all amounts owed along with all penalties are paid in full.
4. Shut Off Date. The shut off date will not fall on a Friday or a holiday, so as to avoid interruption of service over the weekend or a holiday. At no time shall the Public Works Technician grant an extension or accept payment from the customer whose service is discontinued as in accordance with subsection 1.
5. Fees. A fee of seventy-five dollars ($75.00) shall be charged before service is restored to a delinquent customer. Said fee shall be paid to the Clerk during normal business hours. No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.
6. Payment. Payments must be made before noon during regular City Hall business hours in order for service to be restored that day. If payment is not received in the City Clerk’s office by noon, water service will remain off until the following business day. Reconnection will not be made on weekends or holidays.
92.07 PAYMENT AGREEMENT. If a customer is unable to pay a past-due bill in full, the customer can request a payment plan. All payments plans must be signed by the Mayor. Payment plans will not exceed four (4) months in length, with the delinquent amount paid in four (4) equal installments, and beginning within thirty (30) days of the date the agreement was signed. In addition, the customer must agree to pay each new bill as it comes due. Five (5%) percent interest will be added to all unpaid amounts. All agreements will be put in writing and signed by all parties involved.
92.08 PROPERTY OWNER RESPONSIBILITY/CITY RESPONSIBILITY. The owner of a property which receives water service shall be responsible for the payment of all charges, penalties, and fees associated with the provision of water service for such property. Rental property would be exempted from this section if the landlord notified the City in writing that the tenants are responsible for all charges, penalties and fees.
(Code of Iowa, Sec. 384.84)
All property owners (rental or otherwise) shall be responsible for the costs of maintenance or repair to the water system from the water main to the meter and any of the system past the water meter. Refer to Chapter 90 Section 90.12 Responsibility for Water Service Pipe.
The City shall be responsible for the costs of maintenance or repair to the water system mains as stated in Chapter 90.
92.09 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
92.10 LIEN EXEMPTION. The lien for nonpayment shall not apply to a residential rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges. The City may require a deposit not exceeding the usual cost of ninety (90) days of water service be paid to the City. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the rental property and the date of occupancy. A change in tenant shall require a new written notice to be given to the City within ten (10) business days of the change in tenant. When the tenant moves from the rental property, the City shall refund the deposit if the water service charges are paid in full. A change in ownership of the residential rental property shall require written notice of such change to be given to the City within ten (10) business days of the completion of the change of ownership. The lien exemption does not apply to delinquent charges for repairs to a water service.
(Code of Iowa, Sec. 384.84)
92.11 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer. If the customer is a tenant and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer.
(Code of Iowa, Sec. 384.84)
92.12 TEMPORARY VACANCY. A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for an extended period of time. There shall be a twenty-five dollar ($25.00) fee collected for shutting the water off at the curb valve and a twenty-five dollar ($25.00) fee for restoring service. During a period when service is temporarily discontinued as provided herein there shall be no minimum service charge. The City will not drain pipes or pull meters for temporary vacancies.
92.13 BROKEN METER. Any customer not notifying the City in writing of a broken meter may be charged a seventy-five dollar ($75.00) penalty for each billing cycle the meter remains inoperable. Any customer tampering with or altering the readings, by-passing the meters or taking any other action to cause an improper reading shall be guilty of a simple misdemeanor. Water service will be discontinued until any deficiency is corrected and all penalties and costs have been paid in full. No payment plans or exceptions will be made. All remedies are cumulative and not exclusive. Remedies include but are not limited to filing an action for a municipal infraction under Iowa Code Section 364.22. The City may also pursue any other remedy available to it to correct any noncompliance or defect, collect any amounts owed and to collect any penalties and costs.
92.14 CUSTOMER MOVING FROM PREMISES. Any customer who moves without notifying the Clerk will be responsible for the water usage until it is reported. All residents moving will have the water meter read by the Public Works Technician and the water will be shut off at the curb valve at that time. Anyone not reporting to the Clerk a change of residence is subject to a seventy-five dollar ($75.00) for improper notification. The water will be turned on again when the new resident makes a water deposit.
(Ch. 92 – Ord. 315 – July 14 Supp.)
CHAPTER 93 - WATER LINE EXTENSIONS
93.04 Construction by Owner
93.05 Connection Charge
93.03 Construction by City
93.06 Rights of City
93.01 PURPOSE. The purpose of this chapter is to provide a means and method for the extension of water mains to serve property not served by an existing water line so as to preserve and improve the peace, safety, health, welfare, comfort and convenience of the residents of the City.
93.02 DEFINITIONS. For use in this chapter, the following terms are defined:
1. “Builder” means the owner of land who causes a water main to be installed under the provisions of this chapter. Such term includes the heirs, successors or assigns of such owner.
2. “Estimated cost” means a cost estimate prepared by a registered professional engineer or qualified contractor experienced in the installation of water main pipe and appurtenances. All such estimates are subject to the approval of the Council and in the event of any disagreement as to the amount of estimated costs, the materials to be used or installation methods, the determination of the Council shall be final and conclusive.
93.03 CONSTRUCTION BY CITY. An owner of land abutting or adjoining a property or a public street where no water main has been installed may make application to the Council for the installation of a water main along such property and in the street for the purpose of serving the property in accordance with the following:
1. Application and Deposit. A written request for such installation, and a sum equal to the total estimated cost of the installation from the point where the water main is presently installed and terminates to the point where the most distant boundary of the owner’s lot abuts an adjoining property or the public street, shall be submitted to the Council.
2. Construction. Upon receipt of the deposit, the City shall construct the water main for the purpose of serving the property of the applicant (builder), as soon as such construction can reasonably be accomplished.
3. Additional Costs. In the event the actual cost to the City of installation of the water main is in excess of the estimated cost, the builder agrees to reimburse the City for the actual additional cost within thirty (30) days after the presentation of a bill for such additional cost.
4. Lien Authorized. In the event of the failure of the builder to reimburse the City, as specified in subsection 3 above, the total of the additional cost shall be certified to the County Treasurer as a special assessment lien against the builder’s real estate. In the written request for installation of the water main, the landowner shall waive all objections to jurisdiction and rights to notice and consent to the entry of such a special assessment lien against the real estate.
5. Maximum Cost. The additional cost of installation, as contemplated in subsections 3 and 4 above, shall not exceed one hundred ten percent (110%) of the estimated cost.
6. Connecting Property. The expense of connecting the property of the builder to the water main shall be borne by the builder, in addition to the cost of constructing said water main, but such connection shall be under the supervision of the City.
93.04 CONSTRUCTION BY OWNER. In the event an owner of land abutting or adjoining a property or public street in which no water main has been previously installed desires to construct said water main at the owner’s own expense, the owner may do so, after making proper application to the City and receiving a permit to install such a water main, in accordance with the following:
1. City Supervision. The installation of such a water main by a landowner at the owner’s expense shall be under the strict supervision of the City and shall, in all ways, conform to the requirements and specifications of the City.
2. Surety Bond. When making application to the City for a permit to install such a water main, the applicant shall post with the City a surety bond, in an amount to be set by the Council and made a matter of record in the minutes of the Council, which shall be in an amount equal to but not less than one hundred ten percent (110%) of the total estimated cost of the installation for the full distance from the termination point of the presently existing water main to the point where the farthest boundary of the applicant’s land abuts the property or street, and the bond shall guarantee the installation of the water main in as short a time as reasonably possible and shall further indemnify the City for the cost of completing the project in the event the applicant fails to complete the project within a reasonable time, and shall further indemnify the City for all damages to public property incurred in the installation, and shall further hold the City harmless for any and all other damages arising from the installation of the water main.
3. Ownership of Water Main. After the water main has been installed, it shall become the property of the City.
4. Cost Approval. For purposes of determining connection charges under Section 93.05 below, costs incurred by the owner shall be certified by the City and only so much of said costs as are approved by the City shall be used in determining connection charges as provided hereafter.
93.05 CONNECTION CHARGE. Following the installation of an extension to the water system under the provisions of this chapter, there shall be paid to the City a connection charge in an amount equal to one-half (½) the lineal construction cost for the full width of any lot, tract or parcel of ground to be served by a connection to such water main. Such connection charge shall be paid to the City prior to making any connection to said water main.
93.06 RIGHTS OF CITY. All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the City and such extension shall be the property of the City and no other person shall have any right, title or interest therein.
CHAPTER 95 - SANITARY SEWER SYSTEM
95.06 Service Outside the City
95.07 Right of Entry
95.03 Public Works Director
95.08 Use of Easements
95.04 Prohibited Acts
95.09 Special Penalties
95.05 Sewer Connection Required
95.01 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.
95.02 DEFINITIONS. For use in these chapters, unless the context specifically indicates otherwise, the following terms are defined:
1. “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 degrees (20º) C, expressed in milligrams per liter or parts per million.
2. “Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer[ST1] , beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
3. “Building sewer” means that part of the horizontal piping from the building wall to its connection with the main sewer or the primary treatment portion of an on-site wastewater treatment and disposal system conveying the drainage of one building site.
4. “Combined sewer” means a sewer receiving both surface run-off and sewage.
5. “Customer” means any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the public sewer system.
6. “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
7. “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
8. “Inspector” means the person duly authorized by the Council to inspect and approve the installation of building sewers and their connections to the public sewer system; and to inspect such sewage as may be discharged therefrom.
9. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
10. “On-site wastewater treatment and disposal system” means all equipment and devices necessary for proper conduction, collection, storage, treatment, and disposal of wastewater from four or fewer dwelling units or other facilities serving the equivalent of fifteen persons (1500 gpd) or less.
11. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
12. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
13. “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.
14. “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
15. “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.
16. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.
17. “Sewage works” or “sewage system” means all facilities for collecting, pumping, treating, and disposing of sewage.
18. “Sewer” means a pipe or conduit for carrying sewage.
19. “Sewer service charges” means any and all charges, rates or fees levied against and payable by customers, as consideration for the servicing of said customers by said sewer system.
20. “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 24-hour concentration or flows during normal operation.
21. “Storm drain” or “storm sewer” means a sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
22. “Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
23. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
95.03 PUBLIC WORKS DIRECTOR. The Public Works Director shall exercise the following powers and duties:
(Code of Iowa, Sec. 372.13)
1. Operation and Maintenance. Operate and maintain the City sewage system.
2. Inspection and Tests. Conduct necessary inspections and tests to assure compliance with the provisions of these Sanitary Sewer chapters.
3. Records. Maintain a complete and accurate record of all sewers, sewage connections and manholes constructed showing the location and grades thereof.
95.04 PROHIBITED ACTS. No person shall do, or allow, any of the following:
1. Damage Sewer System. Maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system.
(Code of Iowa, Sec. 716.1)
2. Surface Run-off or Groundwater. Connect a roof downspout, sump pump, exterior foundation drain, areaway drain, or other source of surface run-off or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
3. Manholes. Open or enter any manhole of the sewer system, except by authority of the Public Works Director.
4. 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.
5. 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])
6. 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])
95.05 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 on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary or combined 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 Sewer chapters, such compliance to be completed within sixty (60) days after date of official notice from the City to do so provided that said public sewer is located within one hundred (100) feet of the property line of such owner and is of such design as to receive and 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 sewer.
(Code of Iowa, Sec. 364.12[3f])
95.06 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 of the Council.
(Code of Iowa, Sec. 364.4[2 & 3])
95.07 RIGHT OF ENTRY. The Public Works Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of these Sanitary Sewer chapters. The Public Works Director 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.
95.08 USE OF EASEMENTS. The Public Works Director 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.
95.09 SPECIAL PENALTIES. The following special penalty provisions shall apply to violations of these Sanitary Sewer chapters:
1. Notice of Violation. Any person found to be violating any provision of these chapters except subsections 1, 3 and 4 of Section 95.04, 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 this 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 of such violation.
CHAPTER 96 - BUILDING SEWERS AND CONNECTIONS
96.06 Interceptors Required
96.02 Permit Fee and Connection Charge
96.07 Sewer Tap
96.03 Plumber Required
96.08 Inspection Required
96.09 Property Owner’s Responsibility
96.05 Connection Requirements
96.10 Abatement of Violations
96.01 PERMIT. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. The application for the permit shall set forth the location and description of the property to be connected with the sewer system and the purpose for which the sewer is to be used, and shall be supplemented by any plans, specifications, or other information considered pertinent. The permit shall require the owner to complete construction and connection of the building sewer to the public sewer within sixty (60) days after the issuance of the permit, except that when a property owner makes sufficient showing that due to conditions beyond the owner’s control or peculiar hardship, such time period is inequitable or unfair, an extension of time within which to comply with the provisions herein may be granted. Any sewer connection permit may be revoked at any time for a violation of these chapters.
96.02 PERMIT FEE AND CONNECTION CHARGE. A permit fee and/or connection charge as set forth in the Schedule of Fees must accompany the application upon submission to the City. (Ord. 324 – Dec. 15 Supp.)
96.03 PLUMBER REQUIRED. All installations of building sewers and connections to the public sewer shall be made by a State-licensed plumber.
96.04 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 A.S.T.M. Specification C-12, 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 135 where applicable.
96.05 CONNECTION REQUIREMENTS. Any connection with a public sanitary sewer must be made under the direct supervision of the Public Works Director and in accordance with the following:
1. 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 Public Works Director, to meet all requirements of this chapter.
2. 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.
3. Installation. The installation and connection of the building sewer to the public sewer shall conform to the requirements of the State Plumbing Code, applicable rules and regulations of the City, or the procedures set forth in A.S.T.M. Specification C-12. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Public Works Director before installation.
4. 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.
5. Size. Building sewers shall be sized for the peak expected sewage flow from the building with a minimum building sewer size of four (4) inches.
6. Alignment and Grade. All building sewers shall be laid to a straight line to meet the following:
A. Recommended grade at one-fourth (¼) inch per foot.
B. Minimum grade of one-eighth (1/8) inch per foot.
C. Minimum velocity of 2.00 feet per second with the sewer half full.
D. Any deviation in alignment or grade shall be made only with the written approval of the Public Works Director and shall be made only with approved fittings.
7. Depth. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth of cover above the sewer shall be sufficient to afford protection from frost.
8. 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.
9. Pipe Specifications. Building sewer pipe shall be free from flaws, splits, or breaks. Materials shall be as specified in the State 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 – A.S.T.M. C-700 (extra strength).
B. Extra heavy cast iron soil pipe – A.S.T.M. A-74.
C. Ductile iron water pipe – A.W.W.A. C-151.
D. P.V.C. – SDR26 – A.S.T.M. D-3034.
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 compatible with the type of pipe used, subject to the approval of the Public Works Director. Solvent-welded joints are not permitted.
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 be required for such crossings. Such encasement shall extend at least six (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.
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 Public Works Director. 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.
96.06 INTERCEPTORS REQUIRED. Grease, oil, sludge and sand interceptors shall be provided by gas and service stations, convenience stores, car washes, garages, and other facilities when, in the opinion of the Public Works Director, 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 of a type and capacity as specified in the State Plumbing Code, to be approved by the Public Works Director, 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 such interceptors shall be maintained by the owner at the owner’s expense and shall be kept in continuously efficient operations at all times.
96.07 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, a saddle “Y” shall be installed at the location specified by the Public Works Director. The public sewer shall be tapped with a tapping machine and a saddle appropriate to the type of public sewer shall be glued or attached with a gasket and 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 Public Works Director and in accordance with the Public Works Director’s direction if such connection is approved.
96.08 INSPECTION REQUIRED. All connections with the sanitary sewer system before being covered shall be inspected and approved, in writing, by the Public Works Director. As soon as all pipe work from the public sewer to inside the building has been completed, and before any backfilling is done, the Public Works Director shall be notified and the Public Works Director 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 so inspected and approved. If the Public Works Director refuses to approve the work, the plumber or owner must proceed immediately to correct the work.
96.09 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.
96.10 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)
CHAPTER 97 - USE OF PUBLIC SEWERS
97.01 Storm Water
97.05 Restricted Discharges – Powers
97.02 Surface Waters Exception
97.06 Special Facilities
97.03 Prohibited Discharges
97.07 Control Manholes
97.04 Restricted Discharges
97.08 Testing of Wastes
97.01 STORM WATER. 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 Public Works Director. Industrial cooling water or unpolluted process waters may be discharged on approval of the Public Works Director, to a storm sewer, combined sewer, or natural outlet.
97.02 SURFACE WATERS EXCEPTION. Special permits for discharging surface waters to a public sanitary sewer may be issued by the Council upon recommendation of the Public Works Director 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.
97.03 PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
2. 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, including but not limited to cyanides in excess of two (2) milligrams per liter as CN in the wastes as discharged to the public sewer.
3. Corrosive Wastes. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. Solid or Viscous Substances. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Excessive B.O.D., Solids or Flow. Any waters or wastes having (a) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) having an average daily flow greater than two percent of the average sewage flow of the City, shall be subject to the review of the Public Works Director. Where necessary in the opinion of the Public Works Director, the owner shall provide, at the owner’s expense, such preliminary treatment as may be necessary to (a) reduce the biochemical oxygen demand to 300 parts per million by weight, or (b) reduce the suspended solids to 350 parts per million by weight, or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Public Works Director and no construction of such facilities shall be commenced until said approvals are obtained in writing.
97.04 RESTRICTED DISCHARGES. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Public Works Director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Public Works Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances restricted are:
1. High Temperature. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150º) F (65º C).
2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or 600 milligrams per liter of dispersed or other soluble matter.
3. Viscous Substances. Water or wastes containing substances which may solidify or become viscous at temperatures between 32º F and 150º F (0º to 65º C).
4. Garbage. Any garbage that has not been properly shredded, that is, 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 (½) inch in any dimension.
5. Acids. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not.
6. Toxic or Objectionable Wastes. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Director for such materials.
7. Odor or Taste. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Public Works Director as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
8. Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable State or Federal regulations.
9. Excess Alkalinity. Any waters or wastes having a pH in excess of 9.5.
10. Unusual Wastes. Materials which exert or cause:
A. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
B. Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning solutions).
C. Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
D. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
11. Noxious or Malodorous Gases. Any noxious or malodorous gas or other substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
12. Damaging Substances. Any waters, wastes, materials or substances which react with water or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable concentration or create any other condition deleterious to structures and treatment processes.
13. Untreatable Wastes. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
97.05 RESTRICTED DISCHARGES – POWERS. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 97.04 and which in the judgment of the Public Works Director may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Public Works Director may:
1. Rejection. Reject the wastes by requiring disconnection from the public sewage system;
2. Pretreatment. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Controls Imposed. Require control over the quantities and rates of discharge; and/or
4. Special Charges. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Chapter 99.
97.06 SPECIAL FACILITIES. If the Public Works Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Public Works Director and subject to the requirements of all applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.
97.07 CONTROL MANHOLES. When required by the Public Works Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Public Works Director. The manhole shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.
97.08 TESTING OF WASTES. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples).
CHAPTER 98 - ON-SITE WASTEWATER SYSTEMS
98.01 When Prohibited
98.05 Discharge Restrictions
98.02 When Required
98.06 Maintenance of System
98.03 Compliance with Regulations
98.07 Systems Abandoned
98.04 Permit Required
98.08 Disposal of Septage
98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter, it is unlawful to construct or maintain any on-site wastewater treatment and disposal system or other facility intended or used for the disposal of sewage.
(Code of Iowa, Sec. 364.12[3f])
98.02 WHEN REQUIRED. When a public sanitary sewer is not available under the provisions of Section 95.05, every building wherein persons reside, congregate or are employed shall be provided with an approved on-site wastewater treatment and disposal system complying with the provisions of this chapter.
98.03 COMPLIANCE WITH REGULATIONS. The type, capacity, location and layout of a private on-site wastewater treatment and disposal system shall comply with the specifications and requirements set forth by the Iowa Administrative Code 567, Chapter 69, and with such additional requirements as are prescribed by the regulations of the County Board of Health.
(IAC, 567-69.1[3 & 4])
98.04 PERMIT REQUIRED. No person shall install or alter an on-site wastewater treatment and disposal system without first obtaining a permit from the County Board of Health.
98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any wastewater from an on-site wastewater treatment and disposal system (except under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial waterway, drain tile or to the surface of the ground.
98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater treatment and disposal system shall operate and maintain the system in a sanitary manner at all times and at no expense to the City.
98.07 SYSTEMS ABANDONED. At such time as a public sewer becomes available to a property served by an on-site wastewater treatment and disposal system, as provided in Section 95.05, a direct connection shall be made to the public sewer in compliance with these Sanitary Sewer chapters and the on-site wastewater treatment and disposal system shall be abandoned and filled with suitable material.
(Code of Iowa, Sec. 364.12[3f])
98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from an on-site treatment system at any location except an approved disposal site.
SEWER SERVICE CHARGES
99.01 Sewer Service Charges Required
99.06 Lien for Nonpayment
99.03 Special Rates
99.08 Special Agreements Permitted
99.04 Private Water Systems
99.09 Unoccupied or Destroyed Buildings
99.05 Payment of Bills
99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall pay to the City sewer service fees as hereinafter provided.
(Code of Iowa, Sec. 384.84)
99.02 RATE. Each customer shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system based upon the amount of water consumed at the following monthly rate:
1. Minimum Rate ? First 1,500 gallons – $52.19.
2. All over 1,500 gallons (per thousand) ? $10.00.
(Ord. 327 – Dec. 15 Supp.)
99.03 SPECIAL RATES. Where, in the judgment of the Public Works Technician and the Council, special conditions exist to the extent that the application of the sewer charges provided in Section 99.02 would be inequitable or unfair to either the City of the customer, a special rate shall be proposed by the Public Works Technician and submitted to the Council for approval by resolution.
(Code of Iowa, Sec. 384.84)
99.04 PRIVATE WATER SYSTEMS. Customers whose premises are served by a private water system shall pay sewer charges based upon the water used as determined by the City’s metering system. The meter shall be installed at the customer’s expense.
(Code of Iowa, Sec. 384.84)
99.05 PAYMENT OF BILLS. All sewer service charges are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04 of this Code of Ordinances. Sewer service may be discontinued in accordance with the provisions contained in Section 92.06 if the combined service account becomes delinquent, and the provisions contained in Section 92.09 relating to lien notices shall also apply in the event of a delinquent account.
99.06 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
99.07 DEPOSIT. Customer deposits of seventy-five dollars ($75.00) are required from all customers. Such deposit shall be for every new account or new address (including existing customers moving to a new address). The Clerk will issue a receipt of deposit to each customer from whom a deposit is received. The deposit shall be applied to the final bill upon termination of the customer’s service, or if the final bill is less than the deposit, a refund will be issued.
(Code of Iowa, Sec. 384.84)
99.08 SPECIAL AGREEMENTS PERMITTED. No statement in these chapters shall be construed as preventing a special agreement, arrangement, or contract between the Council and any industrial concern whereby an industrial waste of unusual strength or character may be accepted subject to special conditions, rate, and cost as established by the Council.
99.09 UNOCCUPIED OR DESTROYED BUILDINGS. If a building is no longer occupied, used or inhabited in any way for any purpose whatsoever, or the building has been destroyed and the structure has been razed, no connection to the public sewer system or minimum monthly service charge shall be required of that property.
(Ch. 99 – Ord. 316 – July 14 Supp.)
CHAPTER 100 - SEWER EXTENSIONS
100.05 Others Required to Connect
100.06 Connection Charge
100.03 Construction by City
100.07 Building Sewers Installed
100.04 Construction by Owner
100.01 PURPOSE. The purpose of this chapter is to provide a means and method for the extension of sewers to serve property not served by an existing sewer line so as to preserve and improve the peace, safety, health, welfare, comfort and convenience of the residents of the City.
100.02 DEFINITION. For the purpose of this chapter, “builder” means the owner of land who causes a sanitary sewer to be installed under the provisions of this chapter. Such term includes the heirs, successors or assigns of such owner.
100.03 CONSTRUCTION BY CITY. An owner of land abutting or adjoining a public street where no sanitary sewer has been installed may make application to the Council for the installation of a sanitary sewer in said street for the purpose of serving the property in accordance with the following:
1. Application and Deposit. A written request for such installation, and a sum equal to the cost as estimated by the City of construction from the point where the sanitary sewer is presently installed and terminates to the point where the most distant boundary of the owner’s lot abuts the said public street, shall be submitted to the Council.
2. Construction. Upon receipt of the deposit, the City shall construct the sanitary sewer for the purpose of serving the property of the applicant (builder), as soon as such construction can reasonably be accomplished.
3. Additional Costs. In the event the actual cost to the City of installation of the sanitary sewer is in excess of the estimated cost, the builder agrees to reimburse the City for the actual additional cost within thirty (30) days after the presentation of a bill for such additional cost.
4. Lien Authorized. In the event of the failure of the builder to reimburse the City, as specified in subsection 3 above, the total of the additional cost shall be certified to the County Treasurer as a special assessment lien against the builder’s real estate. In the written request for installation of the sanitary sewer, the landowner shall waive all objections to jurisdiction and rights to notice and consent to the entry of such a special assessment lien against the real estate.
5. Connecting Property. The expense of connecting the property of the builder to the sanitary sewer laid in the public street shall be borne by the builder, in addition to the cost of constructing said sewer, but such connection shall be under the supervision of the City.
100.04 CONSTRUCTION BY OWNER. In the event an owner of land abutting or adjoining a public street in which no sewer has been previously installed desires to construct said sewer at the owner’s own expense, the owner may do so, after making proper application to the City and receiving a permit to install such a sewer, in accordance with the following:
1. City Supervision. The installation of such a sewer by a landowner at the owner’s expense shall be under the strict supervision of the City and shall, in all ways, conform to the requirements and specifications of the City.
2. Surety Bond. When making application to the City for a permit to install such a sewer, the applicant shall post with the City a surety bond, in an amount to be set by the Council and made a matter of record in the minutes of the Council, which shall be in an amount equal to but not less than one hundred ten percent (110%) of the total estimated cost of the installation for the full distance from the termination point of the presently existing sewer to the point where the farthest boundary of the applicant’s land abuts the public street, and the bond shall guarantee the installation of the sewer in as short a time as reasonably possible and shall further indemnify the City for the cost of completing the project in the event the applicant fails to complete the project within a reasonable time, and shall further indemnify the City for all damages to the public street incurred in the installation, and shall further hold the City harmless for any and all other damages arising from the installation of the sanitary sewer.
3. Ownership of Sewer Line. After the sewer has been installed, it shall become the property of the City.
100.05 OTHERS REQUIRED TO CONNECT. Following the installation of a sanitary sewer under the provisions of this chapter, owners of land abutting or adjoining a public street in which such sewer has been installed, being persons other than the builder, shall be obliged to connect any sewage generating facilities into said sanitary sewer, as required by Chapter 95.
100.06 CONNECTION CHARGE. Following the installation of an extension to the sewer system under the provisions of this chapter, there shall be paid to the City a connection charge in an amount equal to one-half (½) of the lineal construction cost for the full width of any lot, tract or parcel of ground to be served by a connection to such sanitary sewer. Such connection charge shall be paid to the City prior to making any connection to said sewer system.
100.07 BUILDING SEWERS INSTALLED. Each sanitary sewer constructed in a public street or right-of-way, whether constructed by the City or by a private party, shall include a stub to each abutting or adjoining lot line of the street or right-of-way on which the sewer is installed. Each party responsible for installing such sewer shall provide the City with an accurate map showing the location of each of such stubs within thirty (30) days of the completion of the installation.
CHAPTER 105 - SOLID WASTE CONTROL
105.07 Littering Prohibited
105.08 Open Dumping Prohibited
105.03 Sanitary Disposal Required
105.09 Toxic and Hazardous Waste
105.04 Health and Fire Hazard
105.10 Waste Storage Containers
105.05 Open Burning Restricted
105.11 Prohibited Practices
105.06 Separation of Yard Waste Required
105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection 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 result from the uncontrolled disposal of solid waste.
105.02 DEFINITIONS. For use in these chapters the following terms are defined:
1. “Collection site” means the area designated by the City where citizens may take leaves and yard waste.
2. “Collector” means any person authorized to gather solid waste from public and private places.
3. “Discard” means to place, cause to be placed, throw, deposit or drop.
(Code of Iowa, Sec. 455B.361)
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.
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.
7. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
(Code of Iowa, Sec. 455B.361)
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.
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 premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics.
12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter of any kind.
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.
14. “Sanitary disposal project” means all facilities and 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 waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources.
(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 such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined “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.
(Code of Iowa, Sec. 455B.301)
A. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
C. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
D. Petroleum contaminated soil that has been remediated to acceptable State or Federal standards.
105.03 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 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.
105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open burning except as follows.
1. Recreational fire in compliance with the Open Burning Regulations adopted by Linn County.
2. Burning of leaves and yard waste on private property during the following times in compliance with the Open Burning Regulations adopted by Linn County, including having an official burn permit from Linn County in your possession:
A. October 1 through November 30 during the hours of 9am to 4 pm.
At all other times, leaves and yard waste should be taken to the City collection site.
105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted on the premises or by the City at the City collection site. The City may burn yard waste at the collection site as dictated by the Open Burning Regulations adopted by Linn County. As used in this section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps.
105.07 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing 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 vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.
(Code of Iowa, Sec. 455B.363)
105.08 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 of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources. However, this section does not prohibit the use of rubble at places other than a sanitary disposal project. “Rubble” means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project. Rubble includes asphalt waste only as long as it is not used in contact with water in a floodplain. For purposes of this section, rubble does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or industrial process wastes unless those wastes are approved by the State Department of Natural Resources.
(Code of Iowa, Sec. 455B.301, Sec. 455B.307 and IAC, 567-100.2)
105.09 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 of the State Department of Natural Resources. 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, 567-102.13 and 400-27.14)
105.10 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 sufficient capacity, and leak-proof and waterproof. Disposable containers shall be securely fastened, and reusable containers shall be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container. Reusable containers shall also be lightweight and of sturdy construction and have suitable lifting devices.
B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premises 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 being blown or scattered around neighboring yards and streets.
3. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed outdoors at some easily accessible place by the owner or occupant of the premises served.
4. Nonconforming Containers. Solid waste placed in containers which are not in compliance with the provisions of this section will not be collected.
105.11 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.
5. Barrel Burning. Burn any materials in a burn barrel.
(Ch. 105 – Ord. 320 – Mar. 15 Supp.)
CHAPTER 136 - SIDEWALK REGULATIONS
136.11 Interference with Sidewalk Improvements
136.03 Removal of Snow, Ice and Accumulations
136.13 Encroaching Steps
136.04 Responsibility for Maintenance
136.14 Openings and Enclosures
136.05 City May Order Repairs
136.15 Fires or Fuel on Sidewalks
136.06 Sidewalk Construction Ordered
136.07 Permit Required
136.17 Debris on Sidewalks
136.08 Sidewalk Standards
136.18 Merchandise Display
136.09 Barricades and Warning Lights
136.19 Sales Stands
136.10 Failure to Repair or Barricade
136.20 Liability for Damages
136.01 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.
136.02 DEFINITIONS. For use 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” means 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 all permanent public walks in business, residential or suburban areas.
7. “Sidewalk improvements” 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.
136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owners 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 & e])
136.04 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, Sec. 364.12[2c])
136.05 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, requiring 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.
(Code of Iowa, Sec. 364.12[2d & e])
136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of permanent sidewalks upon any street or court in the City and 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)
136.07 PERMIT REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit from 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.
136.08 SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of 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-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 three (3) feet wide and four (4) inches thick, and each section shall be no more than 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 no 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) on 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 a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.
9. Slope. All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.
10. Finish. All sidewalks shall be finished with a “broom” or “wood float” finish.
11. Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable Federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board.
(Code of Iowa, Sec. 216C.9)
136.09 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind 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 the 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.
136.10 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.
136.11 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.
136.12 AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.
136.13 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 the Council.
136.14 OPENINGS 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 enclose 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.
136.15 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.
136.16 DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
(Code of Iowa, Sec. 716.1)
136.17 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 364.12)
136.18 MERCHANDISE DISPLAY. It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of 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.
136.19 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 the Council.
136.20 LIABILITY FOR DAMAGES. The abutting property owner may be liable for damages caused by failure to move snow and ice accumulations or by the failure to maintain a safe and hazard free condition of any sidewalk.
(Code of Iowa, 364.12[2c])
(Ord. 319 – Mar. 15 Supp.)
CHAPTER 141 - MAILBOXES AND NEWSPAPER RECEPTACLES
141.04 Responsibility for Repair
141.02 Placement of Newspaper Receptacles
141.03 Attachment to Supports
141.01 SPECIFICATIONS. The U.S. Postal Service regulations specify the dimensions and marking for mailboxes and list manufacturers of approved types of mailboxes. These regulations also govern the placement of newspaper receptacles that are attached to mailbox supports. The Postal Service determines if mailboxes conform to the regulations. It is their policy to notify the owners of nonconforming boxes and request that the irregularities or defects be remedied.
141.02 PLACEMENT OF NEWSPAPER RECEPTACLES. Publishing companies are allowed to erect and maintain receptacles for newspaper or other publications on the right-of-way provided that the installation complies with City and U.S. Postal Service regulations. Receptacles attached to mailbox supports shall be located on the right-hand side of the road in the direction of travel. There shall be no advertising on the receptacles (the name of the publishing company may be shown by embossing only). Publishing company receptacles not attached to mailbox supports must be placed on the right-of-way adjacent to the recipient’s place of residence.
141.03 ATTACHMENT TO SUPPORTS. The mailbox or newspaper receptacle shall be firmly attached to a support that will yield or break away when struck by a vehicle or maintenance equipment. Illustrations of approved types of support assemblies are available at City Hall. Basic standards of installation are as follows:
1. The front edge, or street side face, of the mailbox or newspaper receptacle shall be set back the width of the shoulder (or the outermost edge of the road where there is no shoulder), plus eight (8) inches.
2. The support post must be at least forty-eight (48) inches from the face of the main box to the support post.
3. Mailbox or newspaper receptacle must be installed at a height of 42 inches to 48 inches from the road surface to the bottom of the mailbox or newspaper receptacle or point of entry.
4. The box or receptacle shall be attached to the support firmly enough that the box and support do not separate when struck.
141.04 RESPONSIBILITY FOR REPAIR. The City shall not be responsible for repair of mailboxes, newspaper receptacles or their supports that are damaged due to normal or routine snow plowing or other road maintenance operations.
141.05 PERMIT. The permit shall be applied for in writing, on a form provided by the City Clerk, and accompanied by plans and specifications sufficient to determine compliance with all applicable laws of the State of Iowa and all ordinances of the City, with the applicable fee as set forth in the Schedule of Fees. (Ord. 321 – Dec. 15 Supp.)
145.01 Enforcement Officer
145.05 Conduct of Hearing
145.02 General Definition of Unsafe
145.06 Posting of Signs
145.03 Unsafe Building
145.07 Right to Demolish; Municipal Infraction
145.04 Notice to Owner
145.01 ENFORCEMENT OFFICER. The Mayor is responsible for the enforcement of this chapter.
145.02 GENERAL DEFINITION OF UNSAFE. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are, for the purpose of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this chapter.
(Code of Iowa, Sec. 657A.1 & 364.12[3a])
145.03 UNSAFE BUILDING. “Unsafe building” means any structure or mobile home meeting any or all of the following criteria:
1. Various Inadequacies. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
2. Manifestly Unsafe. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
3. Inadequate Maintenance. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.
4. Fire Hazard. Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal or Fire Chief to be a fire hazard.
5. Abandoned. 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 (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
145.04 NOTICE TO OWNER. The enforcement officer shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the enforcement officer shall give to the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the enforcement officer. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer.
(Code of Iowa, Sec. 364.12[3h])
1. Notice Served. Such notice shall be served by sending by certified mail to the owner of record, according to Section 364.12[3h] of the Code of Iowa, if the owner is found within the City limits. If the owner is not found within the City limits such service may be made upon the owner by registered mail or certified mail. The designated period within which said owner or person in charge is required to comply with the order of the enforcement officer shall begin as of the date the owner receives such notice.
2. Hearing. Such notice shall also advise the owner that he or she may request a hearing before the Council on the notice by filing a written request for hearing within the time provided in the notice.
145.05 CONDUCT OF HEARING. If requested, the Council shall conduct a hearing in accordance with the following:
1. Notice. The owner shall be served with written notice specifying the date, time and place of hearing.
2. Owner’s Rights. At the hearing, the owner may appear and show cause why the alleged nuisance shall not be abated.
3. Determination. The Council shall make and record findings of fact and may issue such order as it deems appropriate.†
145.06 POSTING OF SIGNS. The enforcement officer shall cause to be posted at each entrance to such building a notice to read: “DO NOT ENTER. UNSAFE TO OCCUPY. CITY OF WALKER, IOWA.” Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the enforcement officer and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.
145.07 RIGHT TO DEMOLISH; MUNICIPAL INFRACTION. In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and may order the enforcement officer to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council. As an alternative to this action, the City may utilize the municipal infraction process to abate the nuisance.. In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and may order the enforcement officer to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council.
(Code of Iowa, Sec. 364.12[3h])
145.08 COSTS. Costs incurred under Section 145.07 shall be paid out of the City treasury. Such costs shall be charged to the owner of the premises involved and levied as a special assessment against the land on which the building or structure is located, and shall be certified to the County Treasurer for collection in the manner provided for other taxes. In addition, the City may take any other action deemed appropriate to recover costs incurred.
(Code of Iowa, Sec. 364.12[3h])
† EDITOR’S NOTE: Suggested forms of notice and of a resolution and order of the Council for the administration of this chapter are provided in the APPENDIX to this Code of Ordinances. Caution is urged in the use of this procedure. We recommend you review the situation with your attorney before initiating procedures and follow his or her recommendation carefully.
CHAPTER 165 - ZONING REGULATIONS
165.02 Accord With Comprehensive Plan
165.17A Urban Chickens
165.18 Commercial Animal Farming
165.04 Establishment of Districts
165.19 Review By Board of Adjustment
165.05 Official Zoning District Map
165.20 Administration and Enforcement
165.06 Amending Official Zoning District Map
165.21 Board of Adjustment
165.07 Replacing Official Zoning District Map
165.22 Nonconforming Buildings and Uses
165.08 Application of Regulations
165.23 Nonconforming Accessory Uses, Structures and
165.09 Permit Required
165.10 Class A Residential Districts
165.24 Discontinuance or Abandonment of a
165.11 Class B Residential Districts
165.12 Class A General Business District
165.25 Termination of Certain Nonconforming Uses
165.13 Class B General Business District
165.14 Class A Industrial Districts
165.15 Class A Agricultural Districts
165.16 Hedges, Fences and Walls
165.28 Interpretation of Regulations
165.01 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 public health, safety, comfort, convenience and general welfare of the people in the City.
165.02 ACCORD WITH COMPREHENSIVE PLAN. The standards and requirements contained in this chapter, and the district mapping reflected on the Walker Zoning District Map, have all been made in accordance with the Comprehensive Plan for the City prepared by the Planning and Zoning Commission for the City.
165.03 DEFINITIONS. As used in this chapter, the word “lot” includes the word “parcel or tract.” The words “used” and “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.” If adjoining lots are used for the same purpose by the same owner, the adjoining lots shall be considered as one lot. In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. The following terms or words used herein shall be interpreted or defined as follows:
1. “District” means any section or area of the City for which the regulations governing the use of buildings and premises and related matters are uniform.
2. “Dwelling” means a building, or portion thereof, not a mobile home, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels.
3. “Dwelling, single-family” means a building containing one dwelling unit only.
4. “Dwelling, two-family” means a building containing two dwelling units.
5. “Dwelling, multiple-family” means a building, or portion thereof, containing three or more dwelling units.
6. “Dwelling unit” means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking, eating, and sanitation, by one family.
7. “Family” means one or more persons, each related to the other, by blood, marriage, adoption, legal guardianship or as foster parent-child relationship, who are living together in a single dwelling unit and maintaining a common household. Not more than five (5) persons not so related living together in a single dwelling unit may constitute a “family.”
8. “Manufactured home” means a factory-built, single family structure which is manufactured or constructed under the authority of 42 U.S.C. Section 5403, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is to be used as a place for human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site and which does not have wheels or axles permanently attached to its body or frame. For the purposes of this chapter, a manufactured home shall be considered as a single family detached dwelling. A manufactured home is the same as a mobile home except a manufactured home must meet the above cited U.S. Code requirements. It also must meet the State of Iowa requirements including the nonpermanent hitch, wheels and axle as stated herein, and is also subject to additional local requirements which are also generally more stringent than requirements for mobile homes.
9. “Mini warehouse facilities” means a building or group of buildings which are rented and designed, through individual compartments or controlled stalls for self-service storage purposes.
10. “Mobile home” means a factory-built structure which is transportable in one or more sections, is built on a permanent chassis, and is so designed and constructed to permit lawful occupancy as a dwelling whether attached or unattached to a permanent foundation. A mobile home may have wheels, axles, hitch and other appurtenances of mobility removed, but shall remain a mobile home; provided, however, that a mobile home may be classified as a “manufactured home” and be so regulated if it meets all the standards and qualifications contained within this chapter’s definition of “manufactured home.”
11. “Modular home” means factory-built certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.
12. “Permanent foundation” means a foundation that is engineered, site constructed of durable materials such as concrete, mortared masonry or treated wood, and meets the requirements of the HUD Permanent Foundation Guide for Manufactured Housing for ground support, uplift, overturning and lateral displacement, and is placed below the frost level to prevent heaving. A permanent foundation must have attachment points and connections that transfer all loads to the underlying soil or rock, and must be provided with a perimeter enclosure.
13. “Salvage yard” means a lot or portion thereof where waste, discarded or salvaged materials are bought, sold, exchanged, baled, stored, packed, disassembled or handled, including auto wrecking activities, building wrecking activities, used lumber places and places for storage of salvaged building materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building.
14. “Schedule of fees” means a Schedule of Permit Fees set by City Council resolution which may be changed periodically after review by the Planning and Zoning Commission.
15. “Self-service storage facility” means real property designed and used for the purpose of renting or leasing individual storage space for the purpose of storing personal property.
16. “Structure” means:
A. Anything constructed, erected, or placed with a more or less fixed location on the ground or attached or resting on something having a fixed location on the ground.
B. Hedges, Fences, and Walls. (See Section 165.16)
C. Portable Buildings and Satellite Dishes. A detached accessory building or dish larger than 24 inches diameter:
(1) Shall not be closer than 10 feet to a principal building or to another accessory building on the same lot. Distances between such buildings shall be measured horizontally between the closest building walls.
(2) Shall not be closer than 5 feet to any lot line.
(3) Shall not be located in a required front yard.
(4) If located partially or completely in a required rear yard, shall not exceed 15 feet in height or occupy more than 40% of the required yard.
(5) Shall not exceed 15 feet in height or occupy more than 40% of the non-required side yard and shall meet the minimum side yard requirements established for the principal building to which it is accessory unless it is located totally outside of the area of a required side yard. In such case the accessory building may be located within three (3) feet of the side lot line.
17. “Yard” means a required open space on a lot between a lot line and a building or structure located on the lot, unoccupied and unobstructed from ground to sky, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the building line or any projection thereof excluding steps shall be used. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has the least dimension.
18. “Yard, front” means a yard extending across the full width of the lot between the front lot line and the building line, or any projection thereof excluding steps and gutters. Permitted encroachments in front yard include open decks, but not permanently roofed-over or enclosed decks, which may extend no more than seven (7) feet into the required front yard.
19. “Yard, rear” means the yard extending across the full width of the lot between the rear lot line and the building line or any projection thereof excluding steps and gutters.
20. “Yard, side” means a yard between the side lot line and the building line or any projections thereof, excluding steps and gutters, and extending from the front yard to the rear yard.
165.04 ESTABLISHMENT OF DISTRICTS. The City is divided and classified into the following zoning districts:
Class A Residential District: single-family or two-family dwellings.
Class B Residential District: multiple-family residential dwellings.
Class A General Business District (Outside of Downtown Business District): retail businesses.
Class B General Business District: retail businesses
Class A Industrial District: any type of manufacturing or other similar plant area.
Class A Agricultural District: Customary agriculture operations.
165.05 OFFICIAL ZONING DISTRICT MAP. As shown by the official zoning district map, the City is divided into six (6) classes of districts. The boundaries of these districts are hereby established as shown on the official zoning district map of the City and said map and all notations, references and other information shown thereon shall be and are hereby made a part of this chapter by reference. The official zoning district map, signed by the Mayor and properly attested by signature of the Clerk and date of adoption, shall be and remain on file in the office of the City Clerk.
165.06 AMENDING OFFICIAL ZONING DISTRICT MAP. Amendments, supplements or changes of the boundaries of districts as shown on the official zoning district map shall be made by an ordinance amending the Zoning Ordinance. The amending ordinance shall refer to the official zoning district map and shall set out the identification of the area affected by legal description and identify the zoning district as the same exists and the new district designation applicable to said property. Said ordinance shall, after adoption and publication, be recorded by the Clerk as other ordinances and a certified copy thereof shall be attached to the official zoning district map. Such amendatory ordinance shall, however, not repeal or reenact said map, but only amend it. The official zoning district map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. (See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.)
165.07 REPLACING OFFICIAL ZONING DISTRICT MAP. In the event that the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of use, the Council may by ordinance adopt a new official zoning district map which shall supersede the prior map. The new official zoning district map may correct drafting or other errors or omission in the prior map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new official zoning district map shall be identified by date and the signature of the Mayor attested by the Clerk, under the following words: “This is to certify that this Official Zoning District Map supersedes and replaces the Official Zoning District Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Walker, Linn County, Iowa.”
165.08 APPLICATION OF REGULATIONS. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all alterations or relocations of existing structures occurring hereafter, and all enlargements of, additions to, changes in, and relocations of existing uses occurring hereafter are subject to all regulations of this chapter which are applicable to the districts in which such buildings, structures, and uses or land are located. Existing buildings, structures, and uses which do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of this chapter relating to nonconformities.
1. All fuel, oil or similar substances shall be stored in conformance with State regulations governing same.
2. All buildings subject to historical preservation as defined by the Code of Iowa must follow State and Federal guidelines in historical preservation.
3. No building or structure available for use by the general populace shall be built or altered unless it complies with the American Disability Act.
4. All child care for nonresidential children shall follow State Code and administrative rules as defined in Iowa Code Chapter 237A.
165.09 PERMIT REQUIRED. No land shall be used or occupied, and no structure hereafter erected, reconstructed, altered or extended until a permit shall have been approved by the Zoning Administrator. The permit shall be applied for in writing, on a form provided by the City Clerk, and accompanied by plans and specifications sufficient to determine compliance with all applicable laws of the State of Iowa and all ordinances of the City, and with the applicable fee as set forth in the Schedule of Fees. The application shall be made to the Zoning Administrator. The Zoning Administrator shall act on said permit within fifteen (15) days of receipt. If not acted upon within 15 days, said application is deemed approved. Approval or denial of said application will be considered rendered to applicant when deposited in the U.S. mail with postage prepaid. Application denied will be returned to applicant. Applicant may appeal to the Board of Adjustment. Permit shall be posted on structure following rules on the building permit.
165.10 CLASS A RESIDENTIAL DISTRICTS.
1. Permitted Uses. The following uses of land are permitted in all Class A Residential Districts:
A. One- and two-family dwelling units, but excluding mobile homes.
B. Churches and places of worship and parochial schools.
C. Public schools, public libraries, parks and playgrounds.
D. Home Occupations. Regulations dealing with home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities which have traditionally been carried out in a home. The following limitations apply to home occupation activities:
(1) No person who is not a member of the immediate family and residing on the premises shall be employed in the activity on the premises.
(2) The activity shall be conducted entirely within the principal dwelling unit or in a permitted accessory building.
(3) The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation.
(4) No alteration of a building shall be made which changes the character and appearance thereof as a residential building.
(5) No activity shall be permitted which is noxious, offensive or hazardous by reason of pedestrian or vehicular traffic, or by creation of noise, odor, refuse, heat, vibration, smoke, radiation or any other objectionable emissions, or by interference with television or radio reception.
(6) There shall be no signs or other evidence of such use other than one small announcement or professional sign not over two (2) square feet in size and which shall be not less than one-half of the front yard depth distance from lot line.
Permitted home occupations include, but are not limited to the following list of activities, provided, however, that each permitted home occupation shall be subject to the limitations listed above in this paragraph D and to all other regulations applicable to the district in which it is located.
· Facilities used by a physician, surgeon, dentist, lawyer, clergyman, or other professional person, for emergency consultation or treatment, but not for the general practice of such person’s profession.
· Renting of rooms by a resident owner to no more than two roomers.
· Barber and beauty shops.
· 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.
2. Density of Population. Lot area shall not be less than 6,000 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.
3. Yards and Open Spaces. Each lot shall have front, side and rear yards not less than the following depth and width.
A. Front yard depth:
(1) Lots with dwellings existing prior to July 1, 1986, may use front yard depth existing prior to July 1, 1986.
(2) Lots with dwellings constructed after July 1, 1986, required front yard depth is 25 feet for all structures.
B. Each side yard width – 8 feet for all buildings.
C. Rear yard depth –25 feet for dwellings; 5 feet for garages, structures or accessory buildings.
D. The following shall apply for Neumeyer’s Addition and Chrystal’s Second Addition and all future platting. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street should not be less than 25 feet.
E. Schools, churches, public buildings and institutional buildings shall maintain 25-foot side yards.
4. Foundations. Must have permanent foundation for main body.
5. Minimum Dimension and Floor Area.
A. Have a measured minimum width dimension of twenty-four (24) feet for the main body.
B. Have a minimum floor area of 770 square feet.
6. Exterior Wall Covering. Either wood or masonry finish, or its appearance and/or vertical or horizontal grooved or lap siding, or its appearance.
° ° ° ° ° ° ° ° ° °
165.11 CLASS B RESIDENTIAL DISTRICTS.
1. Permitted Uses. The following uses of land are permitted in all Class B Residential Districts:
A. All uses permitted in Class A Residential Districts subject to restrictions specified in Class A Residential Districts.
B. Mobile homes.
C. Multiple dwelling units, including rooming and boarding houses.
D. Hospitals and sanitariums.
E. One sign advertising the sale or rent of buildings. Such sign shall not exceed two (2) square feet in size and shall be not less than one-half the front yard distant from the lot line.
F. 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.
2. Density of Population. Lot area for one- and two-family dwelling units shall be not less than 6,000 square feet and lot width not less than 50 feet, plus an additional 1,000 square feet for each unit over two.
3. Yards and Open Spaces. Each lot shall have front, side and rear yards not less than the following depth and width:
A. Front yard depth.
(1) Lots with dwellings existing prior to July 1, 1986, may use front yard depth existing prior to July 1, 1986.
(2) Lots with dwellings constructed after July 1, 1986, required front yard depth is 25 feet for all structures.
B. Each side yard width –8 feet for all buildings.
C. Rear yard depth –25 feet for residence and 5 feet for garage or accessory building.
4. Off-Street Parking: In connection with every multiple-family dwelling, there shall be provided off-street automobile storage or parking space to accommodate not less than two (2) vehicles for each family unit in such structure; however, no front yard shall be used for the open air parking or storage of any motor vehicle.
° ° ° ° ° ° ° ° ° °
165.12 CLASS A GENERAL BUSINESS DISTRICT.
1. Permitted Uses. The following regulations and uses permitted shall apply to all Class A General Business Districts (outside of Downtown Business District):
A. All the uses permitted in Class A Residential Districts and Class B Residential Districts subject to restrictions specified in Class A Residential and Class B Residential Districts.
B. Stores and shops for the conducting of any lawful retail business.
C. Personal service shops.
D. Banks, theaters, offices, restaurants.
E. 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 therefor, subject to the following provisions: Pumps, lubricating or other devices shall be located at least twenty (20) feet from any street or highway right-of-way.
F. Other uses permitted:
· Advertising signs and billboards
· Amusement places
· Apartment houses
· Auction rooms
· Blacksmith and locksmith shops
· Electric repair shops
· Freight stations
· Mini-Warehouse Facilities
· Mortuaries or Funeral Homes
· Painting and decorating shops
· Photographic galleries
· Plumbing shops
· Police and fire department stations
· Post offices
· Printing shops
· Recreation buildings and structures
· Roofing and plastering shop or both
· Sales and/or showrooms
· Self-storage facilities
· Shoe repair shops
· 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.
2. Required Dimensions. Lot dimensions shall not be less than 50 feet in width and 125 feet in depth.
3. Yards and Open Spaces. No building or structure shall be closer than ten (10) feet to any lot line.
165.13 CLASS B GENERAL BUSINESS DISTRICT. The following regulations and uses permitted shall apply in the Class B General Business District (Downtown Business District) which is described as follows:
Beginning at a point at the west end of the alley in Block Ten (10) connecting Park Street and Greene Street, thence east along the alley to Greene Street, thence north on Greene Street, to the lot line between lots Thirteen (13) and Fourteen (14), thence east on the said lot line to the alley connecting Latham Street and Dows Street, thence south on the alley to a point twelve and one-half (12½) feet north of lot Sixteen (16) in Block Six (6), thence west to Greene Street, thence south on Greene Street to Dows Street, thence west on Dows Street to Park Street, thence north on Park Street to the point of beginning
1. Permitted Uses. All the uses permitted in Class A Residential District, Class B Residential District and Class A General Business District (outside of Downtown Business District), subject to restrictions specified in Class A Residential, Class B Residential, and Class A General Business District, and subject to the following restrictions.
2. Construction Regulations. The erection of all buildings or structures of every kind, and additions thereto, or substantial alterations thereof, involving partial rebuilding, are prohibited within Class B General Business District unless the roof is constructed of fireproof material, and the outer walls and steps are constructed of brick, stone, tile, concrete, cement, mortar or other fire resistant material.
3. Required Dimensions. Lot dimensions shall not be less than 25 feet in width and 125 feet in depth.
4. Yard Required. There shall be a rear yard of not less than ten percent (10%) of the depth of the lot.
° ° ° ° ° ° ° ° ° °
165.14 CLASS A INDUSTRIAL DISTRICTS.
1. Permitted Uses. The following regulations and uses permitted shall apply in all Class A Industrial Districts.
A. All uses not otherwise prohibited by law except any residential use, or uses otherwise prohibited by ordinance.
B. Salvage yards, which include junk yards or automobile wrecking yards, commercial scrap iron, scrap paper or rag storage operations, must be entirely screened to obscure the business from view from adjacent streets and roads, or be by other means concealed as approved by the Board of Adjustment. Materials for use in screening of salvage yards shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements.
(1) Natural objects shall be earthen berms, rock formations, wooded areas, or other similar elements.
(2) Plantings shall be shrubs and trees of such types as to provide year-round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement.
(3) Screens shall be made of wood, metal or other materials commonly used in the buildings trade, and shall be of such height and type as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of twenty (20) pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a non-reflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of the screen will create or contribute to the creation of a safety hazard or endanger public safety or interfere with the public’s use or the City’s maintenance of the street.
(4) The owner or operator of a salvage yard shall maintain the screening in a condition equal to the original installation of the screening. Maintenance shall include (but not be limited to) the following items:
a. Replacement of plant material which is dead or has been damaged so that it no longer serves the intended purpose of screening the salvage yard.
b. Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate material as specified in paragraph B of this subsection when needed and the replacement of panels, sections, members or support structures of the screening when needed.
C. The wholesale or bulk storage of petroleum and other explosive or combustible materials or hazardous substances is permitted subject to conformance with all State regulations, local fire and safety ordinances, and such other regulations issued by the Fire Chief pertinent to the storage of such products.
2. Yards and Open Spaces. No building or structure shall be closer than ten (10) feet to any lot line.
3. Uses Prohibited. All use of land, buildings and structures or industrial processes 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. Prohibited uses shall include (but not be limited to) those which have been declared a nuisance in any court of record, or which may be unreasonably obnoxious, unhealthful or offensive by reason of emission of odor, dust, smoke or noise.
165.15 CLASS A AGRICULTURAL DISTRICTS.
1. Permitted Uses.
A. All uses permitted in Class A Residential Districts and Class B Residential Districts subject to restrictions specified in Class A Residential Districts and Class B Residential Districts.
B. Customary agricultural operations including a garden, nursery, greenhouse, and usual farm buildings, subject to the following restrictions.
(1) No building in which farm animals are kept shall be closer than 200 feet to any adjoining lot line.
(2) No storage of manure or odor or dust-producing substance or use shall be permitted within 200 feet of any adjoining lot line.
° ° ° ° ° ° ° ° ° °
165.16 HEDGES, FENCES AND WALLS.
1. Residential Class A and Class B. Fences, hedges or walls shall not exceed four (4) feet in height in any required front yard and shall not exceed six (6) feet in height in any required side or rear yard. Nothing shall be erected, placed, planted, or allowed to grow on a corner lot in such a manner as to significantly impede vision between a height of three feet (3) and ten (10) feet above the centerline street grades of the area described as follows: that triangular shaped area bounded by the street or road right-of-way lines of a corner lot or tract and a straight line joining points on said right-of-way lines that are twenty-five (25) feet from the point of intersection of said right-of-way lines. No hedge, fence or wall exceeding a height of 6 feet above ground level shall be erected in a required yard or along a lot line when said yard or lot line is within, or abuts, a residential district. Within or abutting all other districts their maximum height within a required yard or along a lot line shall be 10 feet. No opaque fence, wall, or dense shrubs, when located in a required front yard or within 25 feet of a street right-of-way, shall exceed a height of 3 feet. In the case of retaining walls or supporting embankments, the above requirements shall apply only to that part of the wall above ground surface of the retained embankment.
2. Class A and B General Business Districts and Class A Industrial District. No fence, hedge or wall shall be placed in any manner so that the fence, hedge or wall creates or contributes to the creation of a safety hazard or endangers public safety or interferes with the public’s use or the City’s maintenance of the street.
3. Construction. In all cases fences shall be constructed with the best side facing the neighboring land user.
4. Permit Required. No fence shall be erected, reconstructed, altered or extended until a permit shall have been approved by the Zoning Administrator. The permit shall be applied for in writing, on a form provided by the City Clerk and accompanied by plans and specifications sufficient to determine compliance with all applicable laws of the State of Iowa and all ordinances of the City, and with the applicable fee as set forth in the Schedule of Fees. The application shall be made to the Zoning Administrator. Zoning Administrator shall act on said permit within fifteen (15) days of receipt. If not acted upon within 15 days, said application is deemed approved. Approval or denial of said application will be considered rendered to applicant when deposited in the U.S. mail with postage prepaid. Application denied will be returned to applicant.
165.17 LIVESTOCK. The keeping of pigs, sheep, goats, cattle, or horses is prohibited in Class A Residential, Class B Residential, Class A General Business District, Class B General Business District, and Class A Industrial District. This shall not be construed as to prohibit the summer pasturing (April 1 to November 1) of livestock in fenced lots unoccupied by dwellings in Class A General Business District and Class A Industrial District so long as no shelter of either temporary or permanent nature is constructed and a permit is obtained from the Board of Adjustment. (Ord. 314 – Feb. 14 Supp.)
165.17A URBAN CHICKENS.
A. “Coop” means a cage, enclosure or building used for housing and protecting chickens from weather and predators.
B. “Nesting box” means a three-sided box with floor where chickens rest and lay eggs.
C. “Pen” means an enclosure for chickens which allows freedom of movement but also prevents escape.
D. “Permitted tract of land” means the tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this section.
E. “Permittee” means an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this section.
F. “Permitting officer” means the Mayor or designee.
G. “Roost” means a support where chickens rest.
H. “Rooster” means a male chicken.
I. “Single family dwelling” means any building that contains only one dwelling unit used and is owner occupied.
J. “Tract of land” means a property or a zoned lot that has one single family dwelling located on that property or zoned lot.
K. “Urban chicken” means a member of the subspecies Gallus gallus domesticus, a domesticated chicken kept on a permitted tract of land pursuant to a permit issued under this section.
2. Permit Required.
A. Permit Required. No person shall raise, harbor or keep chickens within the City of Walker without a valid permit obtained from the permitting officer under the provisions of this section.
B. Application. In order to obtain a permit, an applicant must submit an application on forms provided by the permitting officer, and paying all fees required by this section.
C. Requirements. The requirements to the receipt of this permit include:
(1) The tract of land to be permitted shall contain only one single family dwelling occupied and used as such by the permittee.
(2) The application is complete.
(3) There are no outstanding violations of local, State or Federal law on the property.
(4) All fees are paid in full.
(5) If it is a renewal, annual fees have been paid in full.
(6) All of the requirements of this section have been met.
(7) The applicant has successfully completed an approved class on chicken husbandry. The permitting officer shall maintain a current list of such approved classes.
(8) The permittee grants the City the right to inspect the coop and pen one year after the permit is issued and at any other time to investigate a complaint.
(9) The permittee should follow the City Code and State law regarding animal care.
(10) The permit is a limited license for the activity and no vested zoning rights arise from the permit being issued. The permit does not run with the land.
(11) Private restrictions on the use of property shall remain enforceable and shall supersede the permit. The private restrictions include, but are not limited to, deed restrictions, condominium restrictions, neighborhood association bylaws, covenants and restrictions, and rental agreements. A permit issued to a person whose property is subject to private restrictions that prohibit keeping chickens is void.
D. Issuance of Permit. If the permitting officer concludes as a result of the information contained in the application that the requirements of the permit have been met, then the officer shall issue the permit.
E. Denial, Suspension, Revocation, Non-renewal. The permitting officer may deny, suspend, revoke, or decline to renew permit issued for any of the following grounds:
(1) False statements on any application or other information or report required by this section to be given by the applicant.
(2) Failure to pay any application, penalty, or reinstatement fee required by this section or City Council resolution.
(3) Failure to correct deficiencies noted in notices of violation in the time specified in the notice.
(4) Failure to comply with the provisions of an approved mitigation/remediation plan by the permitting officer or designee.
(5) Failure to comply with any provision of this section.
(6) A permittee may appeal the revocation to the City Council.
(7) A violation of Chapter 165.17A is a municipal infraction as provided in Chapter 3 of the Code of Ordinances for the City of Walker, Iowa.
F. Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address specified on the application. The notification shall specify reasons for the action.
G. Effect of Revocation, etc. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of one year from the date of denial or revocation.
3. Site Requirements.
A. The property must be a single family dwelling and owner-occupied.
B. Coops cannot be located within 25 feet of any habitable structure on the applicant’s property or adjoining property.
C. Coops cannot be located within 5 feet from the rear of the property line and 8 feet on each side yard.
D. Coops and pens shall be located only in the backyard.
4. Chicken Requirements.
A. No more than 6 hens are allowed.
B. Roosters are prohibited.
C. Chickens must be housed in a coop from dusk until dawn.
D. Selling of eggs, chickens, and manure for fertilizer is prohibited.
E. Eggs shall be removed within 2 days of being laid.
F. All chicken feed and other items associated with the keeping of chickens shall be protected in a manner to prevent rodents, wild birds, and predators from gaining access or coming into contact with them.
G. Adequate food, water, and shelter should be provided at all times.
H. The permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites.
I. Any slaughter of chickens not regulated by State law or otherwise forbidden or regulated shall be done in only a humane and sanitary manner and shall not be done in open view of any public area or adjacent property owned by another.
5. Coop Requirements.
A. Coops may be mobile, known as “tractors.”
B. Coops shall be constructed, repaired, and maintained in a manner to prevent rodents from being harbored underneath or within the wall of the enclosures.
C. Coops should be built of solid materials such as wood metals or plastic.
D. Coop floors shall be made of wood or cement set a minimum of eighteen (18) inches above the ground level with a slight slope toward the door or other opening to prevent puddling.
E. Coops shall have at least one door and window that can be opened for ventilation.
F. A minimum of 4 square feet of space shall be provided per chicken inside the coop, but shall not be any larger than twelve (12) square feet of area per chicken.
G. Bedding shall consist of wood pellets, pine shavings or similar material to reduce odor. Straw may not be used for bedding.
H. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum of once weekly to avoid odor.
I. Coops shall:
(1) Be maintained to ensure proper sanitation for maintaining the health of the chickens and the keepers.
(2) Be easy to clean with good drainage.
(3) Protect the flock from extreme temperatures and wind.
(4) Keep out rodents, raptors, and other predatory animals.
(5) Be well ventilated.
(6) Be free of drafts and maintain a uniform temperature.
(7) Have a roosting area sufficient in number and size for the chickens present.
(8) Have one nesting box per chicken.
(9) Have nests that entice hens to lay indoors.
(10) Offer plenty of light both natural and artificial.
(11) Provide heat in colder temperatures.
(12) Include sanitary feed and water stations.
6. Pen Requirements.
A. There shall be a minimum space of four square feet of space per chicken.
B. Fence for the pen must be at least four feet in height and constructed of wood, chicken wire or heavy gauge mesh wire.
C. There must be a well drained area that allows the chickens to have access to dry ground at all times.
D. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum of once weekly to avoid odor.
E. Fecal matter may be used as fertilizer if turned completely into the soil at least once weekly and there is no noxious odor.
7. Waste Storage and Removal.
A. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure.
B. No more than 3 cubic feet of manure shall be stored on the permitted tract of land.
C. All other manure not used for composting or fertilizing shall be removed.
D. The hen house, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings.
E. Uneaten food shall be removed in a timely manner.
8. Odor and Noise Impacts.
A. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible beyond the permitted tract of land.
B. Noise from chickens shall not be loud enough beyond the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
9. Chickens at Large. The permittee shall not allow the permittee’s chickens to roam off the permitted tract of land. No dog, cat or domesticated animal which kills a chicken off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the City’s responsibility to enforce its animal control provisions.
10. Fees. The fee for such permit shall be ten dollars ($10.00) each year. Permits will be granted for one year valid January 1 – December 31. Permits may be purchased at any time during the year, but will be valid only through December 31.
(Ord. 314 – Feb. 14 Supp.)
165.18 COMMERCIAL ANIMAL FARMING. The keeping of small meat and fur bearing animals for commercial purpose is prohibited in Class A Residential, Class B Residential, Class A General Business District, and Class B General Business District, but may be allowed in Class A Industrial District in buildings or accessory buildings under such sanitary conditions as the Linn County Board of Health or City Veterinarian shall prescribe.
165.19 REVIEW BY BOARD OF ADJUSTMENT. The Board shall not grant a variance unless it shall make findings based upon the evidence submitted in each specific case that a special condition or conditions exist to the degree that a literal enforcement of the provisions of this chapter will result in an unnecessary hardship, and that granting such variance will not be contrary to the public interest or to the spirit and intent of this chapter.
165.20 ADMINISTRATION AND ENFORCEMENT. This chapter shall be enforced and administered by the Mayor.
165.21 BOARD OF ADJUSTMENT. The Board of Adjustment shall consist of five (5) members, each to be appointed by the Council for a term of five (5) years. A majority of 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. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Any vacancy occurring on the Board of Adjustment, caused by resignation or otherwise, shall be filled in the same manner as the original appointment for the unexpired term. All members of the Board of Adjustment shall serve without compensation except their actual expenses which shall be subject to the approval of the Council. The board shall elect a Chairperson from its membership, and appoint a Secretary. The board shall not carry out its business without having a majority of members present. Matters of procedure, powers and judicial review relating to the board are regulated by statute.
165.22 NONCONFORMING BUILDINGS AND USES. The lawful use of any building or land existing at the time of the enactment of the Zoning Ordinance may be continued although such use does not conform to the provisions of this chapter, subject to the provisions in Section 165.25.
165.23 NONCONFORMING ACCESSORY USES, STRUCTURES AND BUILDINGS. Nonconforming accessory uses, structures and buildings shall be subject to the provisions of this chapter. In addition, a nonconforming use of land, structure, or building which is accessory to a principal nonconforming use or structure shall be discontinued when the nonconforming use of such principal use or structure is discontinued, unless such accessory use of land or structure shall thereafter conform to all the regulations of the district in which it is located.
165.24 DISCONTINUANCE OR ABANDONMENT OF A NONCONFORMING USE. If the nonconforming use of a building, structure, or premises is discontinued or vacated for a continuous period of twelve (12) months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.
165.25 TERMINATION OF CERTAIN NONCONFORMING USES AND STRUCTURES. Certain uses involving a high degree of incompatibility and a relatively low amount of investment shall be terminated, or altered, as herein prescribed, following adoption of the Zoning Ordinance.
1. All uses in Class A Industrial District not now in compliance with the provisions of the Zoning Ordinance setting forth specifications for screening shall be altered so as to comply within two years from the date of the official notice from the Zoning Administrator.
2. Nonconforming open storage activities, such as automobile wrecking and salvage, material storage and similar uses wherein no buildings or structures which are used in connection with said use, or when the only buildings or structures or other physical improvements are accessory or incidental to such use, shall be terminated or made conforming within five calendar years from the date of official notice from the Zoning Administrator.
165.26 AMENDMENTS. The boundaries of districts as now established and the regulations thereof may be amended, supplemented or changed, or repealed by the Council from time to time, either upon its own motion, or upon a petition as herein provided for, 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 published as provided by the law of the State of Iowa.
2. Each application for an amendment to this chapter shall be filed with the City Clerk in such form and accompanied by such information as required by the Council and the Planning and Zoning Commission. Each application requesting a change shall be accompanied by a petition stating the change requested and the reason for such change.
3. Action by the Commission. The Planning and Zoning Commission shall review each proposed amendment within 45 days of receipt of any proper application and report its recommendations within 30 days from the date of the public hearing to the Council for final action.
4. Action by the Council. The Council shall not act upon a proposed amendment to the regulations until it has received a recommendation from the Commission on the proposed amendment, unless such recommendation is not received within 90 days from the filing date (date filed with City Clerk).
5. The Clerk shall provide each applicant requesting a change to the Official Zoning District Map for the City with at least two rezoning notifications signs containing the time, date and place of the Planning and Zoning Commission meeting. Said signs shall be clearly posted by the applicant on the property for which a request has been made. At least one sign must be placed so that it may be seen from a street, and in cases of through lots and/or corner lots, a sign shall be posted on both frontages. Notifications signs shall be posted at least nineteen days before the Planning and Zoning Commission meeting, which dates shall be noted on the sign by the Clerk. It shall be the applicant’s responsibility to see that said signs remain posted during the entire period.
165.27 VIOLATIONS. A violation of the provisions of this chapter is a municipal infraction pursuant to Chapter 3 of this Code of Ordinances and Code of Iowa Section 364.22. Each day that a violation of any provision of this chapter is permitted to exist shall constitute a separate offense. In addition to the rights and remedies provided by Iowa Code Section 364.22, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained: or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the Council may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
165.28 INTERPRETATION OF REGULATIONS.
1. Minimum Requirements. In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
2. Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.