The Public Works Director or the City Manager or the City Council may designate a particular portion of a public improvement of the City as an “Emergency Repair Zone.” This designation may be by written notice from the Public Works Director or City Manager or resolution of the City Council. The term “Public Improvement” is intended to include streets, sidewalks, storm sewers, sanitary sewers, water systems, and any other “public improvement” as that term is defined in Section 384.37 of the Code of Iowa or as defined in Section 364.12 as a “public place.”
The declaration of the Emergency Repair Zone by the Public Works Director or City Manager or City Council shall be based upon the judgment of the Public Works Director, City Manager or City Council. It is the intent of the City that such emergency repair zones include but not be limited to:
1. Situations involving undue risk of harm to members of the public;
2. Rapidly deteriorating damage to public improvements that cannot await the normal resolution of necessity repair process provided in Chapter 384 of the Code of Iowa; or
3. Such other emergencies as may threaten public or private property in the City.
Notice of the designation of such an emergency repair zone shall be given to the adjacent property owners in the best possible manner under the circumstances. If the emergency is such that notice and hearing are impossible, the City may proceed with the emergency repairs and shall consider the impossibility or difficulty of giving advance notice in assessing the costs. Where possible, notice will be given in writing to affected property owners who will have an opportunity for hearing before the Council, before the City Manager, or before the Public Works Director, prior to such emergency repairs.
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