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Whenever this Code of Ordinances grants any discretionary power to the Council or any commission, board or officer or employee of the City and does not specify standards to govern the exercise of the power, the power shall be exercised in light of the following standard: The discretionary power to grant, deny or revoke any matter shall be considered in light of the facts and circumstances then existing and as may be reasonably foreseeable, and due consideration shall be given to the impact upon the public health, safety and welfare, and the decision shall be that of a reasonably prudent person under similar circumstances in the exercise of the police power.
Unless another penalty is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.
(Code of Iowa, Sec. 364.3[2])
The City is hereby authorized to create and maintain an Appendix to this Code of Ordinances. The contents of the Appendix shall be approved by resolution of the City Council. The Appendix shall be divided into chapters and shall contain, but not be limited to the following contents:
1. A schedule of fees and charges levied, assessed or charged by the City for the sale or rental of personal and real property and the furnishing of services;
2. Use of municipal recreational facilities;
3. Miscellaneous charges and fees related to platting subdivisions, building permits, inspection and zoning matters;
4. Fees for the deployment and use of City equipment and personnel responding to emergencies and hazardous materials incidents, abating nuisances and repairing damages to City property caused by vandalism, negligence or failure to act on the part of a member of the public, business entity or other governmental entity;
5. A schedule of penalties for municipal infractions;
6. Copying and research fees;
7. Fees charged by the library for services furnished and sales of miscellaneous items;
8. Fees charged by the Nevada Municipal Cemetery for the sale of lots and related services;
9. An administrative processing fee for any charge or assessment that requires the compilation of an invoice and subsequent billing and collection activity on the part of the City; and
10. Sample or model ordinances, sample amendments for adding or deleting portions of the Nevada City Code and sample nuisance abatement documents.
(Ord. 925 - Jan. 09 Supp.)