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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.
After the designation of an emergency repair zone, and after such notice and hearing as may be possible under the circumstances, the City may proceed with the emergency repair of the public improvement or public grounds. In undertaking the repair, the City may require the abutting property owners to perform a reasonably related action such as a connection to public drainage systems, public sewer systems, removal, repair or dismantling of a dangerous building or structure, removal or abatement of a nuisance, or other actions as set out in Section 364.12 of the Code of Iowa.
If the nature of the emergency repair permits advance notice and hearing, and if in the discretion of the Council the matter should be the subject of special assessments for the cost of repair, the assessment cost may be paid in up to ten (10) annual installments in the same manner and with the same interest rates provided for assessments against benefitted property under Chapter 384 of the Code of Iowa. If a special assessment is so levied, it will be a lien against the benefitted property from the date of filing the schedule of assessments until the assessment is paid. Such special assessments shall have equal precedence with ordinary taxes and are not divested by judicial sale.
In addition to or in lieu of the special assessment, the City may seek reimbursement for costs incurred for performing any act authorized by this chapter by a civil action for damages against a property owner who fails to comply with the specified actions as stated herein. The City may also seek equitable remedies including an order for injunction or abatement in the event of noncompliance by abutting property owners.
Abutting property owners who are required by the emergency repair zone designation to take actions to repair structures, connect to City systems, or abate dangerous or nuisance situations shall undertake such action under the general supervision of the City. No connection to a City system shall be undertaken without notifying the City Public Works Director of the time, date, and manner of such proposed connection, with such notice to be sufficiently in advance to allow the Public Works Director to supervise such connection, repair, or abatement. Any such connections to City systems shall be with acceptable quality of materials and workmanship. Any excavations must be marked with barricades and warning lights under the supervision of the City Public Works Director. Where applicable, installations must comply with City and State building or plumbing codes. Should any such connection, abatement, or repair not be completed by the abutting property owner within reasonable time, or any such excavation be left open or partly open for more than a reasonable time, the City shall have the right to finish or correct the work and the City shall assess the property owner.
In addition to or in lieu of the remedies available to the City under this chapter, the City may charge a municipal infraction against any property owner, whether a person or business, who would fail to comply with actions required by this chapter. For the first infraction, a civil penalty of $50.00 will be assessed. For the second infraction, a civil penalty of $100.00 will be assessed. For a third and any subsequent offense, a civil penalty of $200.00 will be assessed. Each day such infraction exists or continues may be considered a separate infraction.