ORDINANCE NO. D-108
AN ORDINANCE REPLACING TITLE 3, BUILDING, CHAPTER 7,
DANGEROUS BUILDINGS, AND ADDING A NEW CHAPTER 10, PROPERTY MAINTENANCE, INTO THE CODE OF ORDINANCES
OF THE CITY OF FORT MADISON, IOWA
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT MADISON, IOWA:
 
SECTION 1. SECTIONS AMENDED. Chapter 7 of Title 3, is hereby deleted and replaced with the following:
 
CHAPTER 7 – DANGEROUS BUILDINGS
 
3-7-1   Purpose
    3-7-2   Definitions
    3-7-3   Enforcement
    3-7-4   Abatement of dangerous buildings
   3-7-5   Right of entry
    3-7-6   Notices and orders; vacation and demolition
    3-7-7   Appeals
    3-7-8   Disposition of appeal
    3-7-9   Appeal to District Court
    3-7-10   Recovery of costs
§ 3-7-1 PURPOSE: It is the purpose of this chapter to provide a just, equitable and practical method whereby buildings or structures may be required to be repaired, removed, vacated or demolished when the buildings or structures, from any cause, endanger the life, limb, health, property, safety or welfare of the general public or the occupants of the buildings. The provisions of this chapter apply to all dangerous buildings, as herein defined, which are now in existence, or which may hereafter become dangerous in the city.
§ 3-7-2 DEFINITIONS.
For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described is deemed to be a DANGEROUS BUILDING OR STRUCTURE , provided that conditions or defects exist to the extent that the life, health, property or safety of the public or occupants of the building or structure is endangered.
    (A)   Whenever any door, aisle, passageway, corridor, stairway or other means of egress in so warped, worn, loose, torn or otherwise unsafe as it would not provide safe and adequate means of egress in case of fire or panic as defined in the Fire Protection Code of the City Building Code;
    (B)   Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to an extent that the structural strength or stability thereof is materially less than it was before the catastrophe;
    (C)   Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged or to collapse and thereby injure persons or damage property;
    (D)   Whenever the building or structure or any portion thereof, because of:
       (1)   Dilapidation, deterioration or decay;
       (2)   The removal, movement or instability or any portion of ground necessary for the purpose of supporting the building;
       (3)   The deterioration, decay or inadequacy of its foundation beyond repair; or
       (4)   Any other cause is likely to partially or completely collapse.
    (E)   Whenever the exterior walls or other vertical structural members list, lean or buckle more than two degrees or to an extent that upon inspection it is determined that it is beyond repair or creates an unsafe condition;
    (F)   Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to:
       (1)   Become an attractive nuisance;
       (2)   Become a place for vagrants or transients;
       (3)   Enable persons to resort thereto for the purpose of committing unlawful or immoral acts; or
       (4)   Create a haven for rodents or snakes.
    (G)   Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise, is determined by the Housing Inspector and, where children are involved, the social services agencies, to be unsanitary, unfit for human habitation or in a condition that is likely to cause sickness or disease;
    (H)   Whenever any building or structure is in a condition as to constitute a public nuisance or hazard; or
    (I)   Whenever any portion of a building or structure constituting a nuisance remains on a site after the demolition or destruction of the building or structure or whenever any building or structure or portion thereof is abandoned so as to constitute a public nuisance or hazard.
§ 3-7-3 ENFORCEMENT:  The Code Official or his or her designee is hereby authorized to enforce the provisions of this chapter. The Housing Inspector, the Fire Marshal or any other duly authorized representative is hereby authorized to make inspections and take actions as may be required to enforce the provisions of this chapter.
§ 3-7-4 ABATEMENT OF DANGEROUS BUILDINGS:  All buildings or portions thereof which are determined after inspection to be dangerous as defined in this chapter 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. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, convert, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.
Penalty, see § 1-4-2 (A)(1).
§ 3-7-5 RIGHT OF ENTRY:  Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Code Official or his or her duly authorized representative has reasonable cause to believe that there exists in any building or upon any premises unsafe, dangerous or hazardous conditions, the Code Official or his or her duly authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Official or his or her designee by this chapter, provided that if the building or premises is occupied, the Code Official or his or her designee shall first present proper credentials and request entry; and if the building or premises are unoccupied, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Whenever the Code Official or his or her designee has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Code Official or his or her designee for the purpose of inspection and examination pursuant to this chapter. 
DULY AUTHORIZED REPRESENTATIVE  includes the officers named in § 3-7-3 and their authorized inspection personnel.
Penalty, § 1-4-2 (A)(1).
§ 3-7-6 NOTICES AND ORDERS; VACATION AND DEMOLITION: Whenever the Code Official or his or her designee has inspected or caused to be inspected any building and found and determined that the building is a dangerous building, the Code Official or his or her designee shall cause the building to be vacated and secured. The Code Official or designee shall also commence proceedings for the repair or demolition of the building by the issuance of the appropriate notices and orders as provided in this section.
    (A)   Posting of inspection notice. At the time a complaint is received on a substandard building and a viewing of the property indicates a demolition inspection is warranted, a notice as set forth in division (B) below should be sent to the owner of the property scheduling an inspection. The notice should advise the owner that a notice of inspection will be placed on the structure stating that it is scheduled for inspection to determine if it should be scheduled for demolition. The notice shall also advise the owner that occupancy of the premises is prohibited until the inspection is completed and demolition is not recommended. A notice of inspection should be affixed to the structure near its front door stating it is scheduled for inspection as a result of a complaint and the inspection will determine if demolition will be recommended. Upon the completion of the inspection, the notice of inspection should be removed. If the Inspectors are recommending demolition, a notice as set forth in division (D) below stating that the structure has been inspected and is being recommended for demolition should be affixed to the structure near the front door. If the Inspectors are not recommending demolition, there will be no notice present on the structure. The notices should contain the name of the department, contact person, address and phone number to call to answer any questions raised by the notices.
    (B)   Code Official. The Code Official shall issue a notice and order directed to the owner of the building. The notice and order shall contain:
       (1)   The street address and a legal description sufficient for identification of the premises upon which the building is located;
       (2)   A statement that the building was found to be dangerous along with a brief and concise description of the conditions found to render the building dangerous under the provisions of § 3-7-2 of this chapter, or any other applicable provisions of this code of ordinances;
       (3)   A statement of the action required to be taken:
          (a)   If the building or structure is determined to be repairable, the order shall require that all required permits be secured therefor and the work physically commenced within the time (not to exceed 60 days from the date of order) and completed within the time as the Code Official or his or her designee determines is reasonable under the circumstances;
          (b)   If the Code Official or his or her designee has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of order as determined by the Code Official or his or her designee to be reasonable; and
          (c)   If the Code Official or his or her designee has determined that the building or structure must be demolished, the order shall require that the building be demolished within the time as the Code Official or his or her designee determines is reasonable provided that the reasonable time for the completion of demolition shall be within 90 days from the date of order.
       (4)   Statements advising that if any required repair or demolition work is not commenced within the time specified, the Code Official or his or her designee will:
          (a)   Order the building vacated and posted to prevent further occupancy until the work is completed; and
          (b)   Report to the Construction Board of Appeals that proceedings to demolish the building should commence and that demolition of the building should be done and the cost thereof charged against the property or its owner.
       (5)   Statements advising each owner of record, jointly and individually, that:
          (a)   The owner may appeal from the notice and order or any action of the Code Official or his or her designee to the Construction Board of Appeals, provided the appeal is made in writing as provided in this chapter and filed with the Code Official or his or her designee within ten days from the date of service of the notice and order;
          (b)   Within 30 days after the filing of a request, a hearing will be held before the Construction Board of Appeals at which time the owners and/or the owner’s counsel may be present and participate; and
          (c)   Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
    (C)   Vacation and demolition. The following standards shall be followed by the Code Official or his or her designee in ordering the vacation or demolition of any dangerous buildings or structures.
       (1)   Any building declared a dangerous building under this chapter shall either be repaired or shall be demolished at the option of the building owner.
       (2)   If the building or structure is in a condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered vacated. If the building or structure, after it is vacated and secured, is still an immediate danger to the life, limb, property or safety of the public and an emergency exists, the city may perform any action which may be required to eliminate the immediate danger without prior notice, and assess the costs, pursuant to Iowa Code § 364.12(3)(h).
       (3)   After a demolition permit has been obtained from the City, the dangerous building shall be removed and placed in the county landfill.
       (4)   If the demolition is not completed within the time determined by the Code Official or his or her designee, the City shall advertise for bids for the demolition of the building, award a contract for the demolition to the lowest responsible bidder and assess the cost thereof against the property as provided by law. The Council may advertise for bids for the demolition of more than one building and may award a single contract for the demolition of more than one building.
    (D)   Notice to vacate. Every notice to vacate shall, in addition to being served as provided in division (B) above, be posted at or upon each exit of the building and shall be substantially in the following form:
 
   
 
DANGEROUS BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a municipal infraction to occupy this building or to remove or deface this notice.
Code Official
City of Fort Madison, Iowa
 
    (E)   Compliance. Whenever the notice is posted, the Code Official or his or her designee shall include a notification thereof in the notice and order issued by the Code Official, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove the building under permit. No person shall remove or deface any notice after it is posted until the required repairs, demolition or removal have been completed.
    (F)   Extensions of time to perform work. Upon receipt of any application in writing from the person required to conform to the order, an agreement by the person that he or she will comply with the order if allowed additional time, the Code Official or his or her designee may, at that person’s discretion, grant an extension of time, not to exceed an additional 90 days, within which to complete the repairs, rehabilitation or demolition, if the Code Official or his or her designee determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Code Official or his or her designee’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.
    (G)   Interference prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or duly authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter; or with any person to whom the building has been lawfully sold pursuant to the provisions of this chapter, whenever the officer, employee, contractor or duly authorized representative of this jurisdiction, person having an interest or estate in the building or structure, or purchaser is engaged in the work of repairing, vacating or demolishing any building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to the work or authorized or directed pursuant to this chapter.
Penalty, see § 1-4-2 (A)(1).
§ 3-7-7 APPEALS: Any person entitled to service under § 3-7-6 may appeal from any notice and order or any action of the Code Official or his or her designee under this chapter by filing a notice of appeal at the office of the Code Official or his or her designee on the form supplied for the filing purposes. The appeal shall be filed within ten days from the date of service of the order or action of the Code Official or his or her designee. Upon receipt of any appeal filed pursuant to this section, the Code Official or his or her designee shall present it at the next meeting of the Construction Board of Appeals.
    (A)   Scheduling appeal. As soon as practicable after receiving the written appeal, the Construction Board of Appeals shall fix a date, time and place for the hearing of the appeal. The date shall be within 30 days from the date the appeal was filed or at the next regularly scheduled meeting of the Construction Board of Appeals.
    (B)   Failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of rights to an administrative hearing and adjudication of the notice and order or any portion thereof.
    (C)   Scope of hearing. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
§ 3-7-8 DISPOSITION OF APPEAL:  After hearing all testimony concerning the appeal, the Construction Board of Appeals shall have 20 days to issue a decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the requirements to be complied with. The decision shall be mailed to the person appealing by regular mail. The decision of the Construction Board of Appeals shall be the final decision of the city for purposes of any appeal to the District Court.
§ 3-7-9 APPEAL TO DISTRICT COURT:  Any person may appeal the decision of the Construction Board of Appeals to the Iowa District Court for Lee County within 30 days after the postmark on the decision, to file an appeal with the District Court.
§ 3-7-10 RECOVERY OF COSTS:  Any and all costs incurred pursuant to this chapter, for the removal, repair or dismantling of a dangerous building or structure from private property shall be certified by the Clerk to the County Treasurer and assessed against the property for collection in the same manner as a property tax.
 
SECTION 2. CHAPTER ADDED. Title 3, Chapter 10, is hereby added as follows:
 
CHAPTER 10: INTERNATIONAL PROPERTY MAINTANENCE CODE
 
3-10-1 Purpose
3-10-2 Applicability; authority for enforcement
3-10-3 Complaints; sufficiency of complaints
3-10-4 Interference with code officials
3-10-5 International Property Maintenance Code adopted
3-10-6 Amendments to the Property Maintenance Code
3-10-7 Violations deemed nuisances; incorporation by reference
3-10-8 Notice to abate
3-10-9 Emergency abatement measures
3-10-10 Code on file
3-10-99 Penalty
 
§ 3-10-1 PURPOSE: The purpose of this chapter is to designate the responsibilities of persons for maintenance of structures, equipment and exterior property within the city, to define nuisances as a result of the failure to perform such maintenance and to provide for the abatement of such nuisances in order to provide for the safety and preserve the health and welfare of the citizens of the city.
§ 3-10-2 APPLICABILITY; AUTHORITY FOR ENFORCEMENT: The requirements and standards set forth in this chapter are applicable to all properties, residential, commercial or otherwise, situated within the city limits of Fort Madison, Iowa. The code officials of the City of Fort Madison shall be responsible for the enforcement of this chapter and shall have all the necessary authority to carry out such enforcement, including the right to request entry and inspect any property within city limits against which a sufficient complaint has been made and which is substantiated by the Code Official, including single-family owner-occupied dwellings. Any person designated by the City Administrator to enforce this chapter, shall be known and referred to throughout this chapter as the Code Official.
§ 3-10-3 COMPLAINTS; SUFFICIENCY OF COMPLAINTS.
(A)  A code official may request entry and conduct an inspection for a violation of this chapter upon receipt and substantiation of a complaint lodged against a single-family owner-occupied property. The Code Official must provide the owner with a written request for entry into the home and such written request must include a notice to the owner of their right to deny the entry request. The written request must also contain a statement informing the owner that denial of the entry request may result in the Code Official applying for an administrative warrant and court order authorizing entry by the Code Official regardless of the owner's objection so long as the warrant procedure and subsequent entry are performed according to state and federal constitutional standards.
    (B)  Complaints are deemed sufficient to trigger this authority if they meet the following criteria for substantiation, as applicable:
       (1)  Exterior complaints. If a complaint is made about any condition visible from the exterior of the single-family owner-occupied dwelling (for example, smoke/carbon monoxide detectors, mold, etc.), a complaint will be deemed sufficient if the complaint states in detail the violation alleged and is subsequently verified by an authorized code official.
       (2)  Interior complaints. If a complaint is made about any condition visible only from the interior of the single-family owner-occupied dwelling (for example, smoke/carbon monoxide detectors, mold, etc.), a complaint will be deemed sufficient if the complaint states in detail the violation alleged and is accompanied by photographs of the violation alleged for review by the Code Official.
    (C)  Complaints about any portion of a rental property as defined in Chapter 5, Housing Code, are governed by the provisions of Chapter 5.
§ 3-10-4 INTERFERENCE WITH CODE OFFICIALS: No person shall interfere with any code official while he or she is engaged in the enforcement of this chapter.
Penalty, see § 3-7A-99
§ 3-10-5 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the Property Maintenance Code of the City of Fort Madison that certain code known as the International Property Maintenance Code, 2018 Edition, First Printing, including Appendix A, (hereinafter referred to collectively as the IPMC (2018)) as prepared and edited by the International Code Council, Inc., and the provisions of said Property Maintenance Code shall be controlling in maintaining minimum requirements and standards of structures and properties within the corporate limits of the city and shall be known as the Fort Madison Property Maintenance Code.
§ 3-10-6 AMENDMENTS TO THE PROPERTY MAINTENANCE CODE.
Certain sections and portions of sections of the IPMC (2018), are hereby amended, deleted, modified or added to as more specifically set forth below.
    (A)  § 101.1, insert: “City of Fort Madison, Iowa”;
    (B)  § 103.5, insert: “fee schedule as set by Council resolution”;
    (C)  § 112.4, insert: “fine schedule as set by Council resolution”;
    (D)  § 302.4, insert: “8 inches” (from 52.02 #13 Weeds);
    (E)  § 304.14, insert: “April 1, September 30”;
    (F)  § 602.3, insert: “October 1, April 30”;
    (G)  § 602.4, insert: “October 1, April 30”.
    (H)  Unsafe structures and equipment. The Fort Madison Property Maintenance Code is hereby amended by repealing § 108.1 of the IPMC (2018), and by replacing said section with a new section, as follows:
       § 108.1  General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, the Code Official shall commence proceedings to cause the repair, vacation or demolition of the structure and the structure may be condemned pursuant to the provisions of this code.
    (I)  Request for hearing. The Fort Madison Property Maintenance Code is hereby amended by repealing § 111 of the IPMC (2018) in its entirety, and by replacing said section with a new section, as follows:
       § 111  Request for hearing. Any person ordered to abate a nuisance or other Code violation, or any person interested therein may have a hearing with the Construction Board of Appeals as to whether a Code violation exists or on a request for an extension of time in which to abate a nuisance or other Code violation. A request for a hearing must be made in writing and delivered to the Construction Board of Appeals either: within the time stated in the order to abate or twenty (20) calendar days after the date of postmark of notice or proof of service, whichever comes first; or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. An additional ten (10) days to file a request for appeal will be granted upon showing of exigent and/or unforeseeable circumstances making it impracticable to have filed the appeal request within the twenty (20) day period provided above. The Construction Board of Appeals shall set a hearing date as soon as practicable after receiving a written appeal. The applicant shall be advised in writing of the time and place of such meeting at least (4) days prior to the date of the meeting. At such meeting, the applicant shall be given an opportunity to be heard and show just cause why a nuisance or other Code violation does not exist or why an extension of time is needed. At the conclusion of the hearing, the Construction Board of Appeals shall render a written decision as to whether or not a nuisance or other Code violation exists. If the Construction Board of Appeals finds that a nuisance or other Code violation exists, it shall order the violation to be abated within an additional time which is reasonable under the circumstances. The findings of the Construction Board of Appeals shall constitute the city’s final action on the matter. Enforcement of any notice or order issued under this code shall be stayed during the duration of an appeal of the order, which is properly and timely filed.
    (J)   Overcrowding. The Fort Madison Property Maintenance Code is hereby amended by adding a new exception to § 404.5 of 
       Exception: The actual number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the Code Official, endanger the life, health, safety, or welfare of the occupants.
    (K)   Receptacles. The Fort Madison Property Maintenance Code is hereby amended by adding a new § 605.2.1 to the IPMC (2018), reading as follows:
       § 605.2.1  Ground fault circuit requirements. Receptacles which are within six feet of a source of water shall have ground fault circuit interrupter protection.
    (L)   Smoke detectors and carbon monoxide detectors. The Fort Madison Property Maintenance Code is hereby amended by repealing §§ 704 and 705 of the IPMC (2018), and by replacing said sections with new sections, as follows:
       Smoke detection and notification. Smoke alarms shall be listed and labeled in accordance with UL 217 and installed in accordance with the applicable provisions of this Code of Ordinances and the household fire warning equipment provisions of NFPA 72.
       § 704.1  Smoke detection systems. Household fire alarm systems installed in accordance with NFPA 72 that include smoke alarms, or a combination of smoke detector and audible notification devices installed as required by this section for smoke alarms, shall be permitted.
       § 704.2  Location. Smoke alarms shall be installed in the following locations:
          1.  In each sleeping room;
          2.  Outside each separate sleeping area in the immediate vicinity of the bedrooms;
          3.  On each story of the dwelling including basements.
       § 704.3.1  Alterations, repairs and additions. When alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the dwelling unit shall be equipped with smoke alarms in locations as required in § R314.3 for new dwellings.
       Exceptions:
          1.  Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of an open porch or deck, are exempt from the requirements of this section;
          2.  Installation, alteration or repairs of plumbing or mechanical systems are exempt fromthe requirements of this section.
       § 704.4   Power source. Smoke alarms shall receive their primary power from the building wiring, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.
       § 704.5  Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with § R314.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of any one alarm.
       § 705.1  Carbon monoxide alarms and detection [F]. Carbon monoxide alarms shall be installed in dwellings in accordance Chapter 2 of this Code of Ordinances and § 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with § R315 of that code.
       § 705.2  Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with Chapter 2 of this Code of Ordinances and NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.
§ 3-10-7 VIOLATIONS DEEMED NUISANCES; INCORPORATION BY REFERENCE.
    (A)  Violations deemed nuisances. A failure to satisfy any of the provisions of the Fort Madison Property Maintenance Code shall constitute a nuisance as defined in Chapter 4.
    (B)  Incorporation by reference.
       (1)  The requirements of this chapter are hereby incorporated by reference into Chapter 4.
       (2)  The requirements of this chapter are hereby incorporated by reference into all requirements set forth in Chapter 5.
§ 3-10-8 NOTICE TO ABATE: Upon discovery of any violation of this chapter, the city shall within five days initiate abatement procedures as outlined in Chapter 4, beginning with a formal written notice to abate the offending condition.
§ 3-10-9 EMERGENCY ABATEMENT MEASURES: Notwithstanding any other provisions of this chapter, whenever in the judgment of the Code Official any nuisance is an immediate and imminent threat to life and property, the Code Official may, with or without prior notice as required herein, order the nuisance abated and costs assessed against the property for collection in the same manner as a property tax. However, prior to such assessment, the city shall give the property owner notice as provided by state law and this Code.
§ 3-10-10 CODE ON FILE: An official copy of the Fort Madison Property Maintenance Code hereby adopted, including a certificate by the Clerk as to its adoption and the effective date thereof, shall be on file in the office of the Clerk in City Hall and shall be kept there on file, and copies shall be available for public inspection. A copy of this Chapter shall be available in the office of the Building Inspector.
§ 3-10-99 PENALTY: Any person violating any of the provisions of this chapter shall be guilty of a municipal infraction, and upon conviction, be subject to the penalties set forth in Titla 1, Section 1 of this Code. The penalties provided for in this section shall be in addition to any other applicable criminal, civil or administrative penalties imposed by local, state or federal law.
 
SECTION 3.   REPEALER.   All other sections of this Ordinance in conflict with these provisions shall be repealed.
 
SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
 
SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
 
PASSED AND APPROVED THIS 21st day of November, 2023.
 
 
 
________________________________
                     Matt J. Mohrfeld, Mayor
 
 
 
ATTEST:
 
_________________________________________
Melinda L. Blind, City Clerk
 
Published in the Daily Democrat on the 5 th day of December, 2023.