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A. Any event, incident, element or condition constituting a violation or failure to comply with any requirement of this chapter or any article under this chapter shall be considered a threat to public health, safety and welfare and therefore deemed to be a nuisance. At the option of the enforcement officer, nuisances shall be processed as a civil action or in the manner set forth in this section.
B. Except in cases where a nuisance is deemed to constitute an immediate or imminent threat to life or property, the enforcement officer shall notify the property owner in writing before taking action to abate a nuisance. The written notice shall be delivered by first class mail, postage prepaid, to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. In addition to mailing, the written notice shall, if possible, be posted on the property in a conspicuous place. Such notice shall be dated and shall include the following information:
1. Name of the property owner;
2. Location and description of the nuisance;
3. Actions that must be taken to abate the nuisance;
4. Deadline by which the required actions must be completed;
5. Amount of administrative and remediation fines, fees, or costs, if any and if known;
6. Statement that the property owner has a right to appeal the notice in accordance with the procedures set forth in this chapter; and
7. Statement that, if the property owner fails to take required action within the stated deadline, the work may be done by the city at the property owner's expense.
C. If the property owner does not abate the nuisance as required by the notice, the enforcement officer may enter upon the subject property and take measures necessary to abate the nuisance. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for purposes of abating a nuisance.
D. If any nuisance is deemed to be an immediate or imminent threat to life or property, the enforcement officer may order the nuisance abated without advance written notice to the property owner and opportunity for appeal. As promptly as practicable, the enforcement officer shall notify the property owner in writing of the nuisance and action taken to abate the nuisance. (Ord. 4980, 12-14-2009)
A. Except as set forth in subsection B of this section, any person ordered to abate a nuisance may appeal the notice. The appeal must be filed in writing with the city clerk within fourteen (14) days of the notice date unless the notice states a shorter time for filing an appeal, which in any event shall be not less than seven (7) days from the notice date. An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing. The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested. Appeals shall be heard by the city council or a committee designated by the city council. The city clerk shall notify the person filing the appeal and the enforcement officer of the date, time and place for the appeal hearing. Notice shall be mailed to the person filing the appeal by ordinary mail. The hearing shall be scheduled for a date within twenty (20) days after the filing of the appeal, unless the person filing the appeal requests an extension of not more than fourteen (14) days. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this subsection is to promote the prompt and speedy resolution of disputes. The person filing the appeal may be represented by counsel at such person's own expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense. The decision of the city council or designated committee shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law.
A. Costs incurred by the city to abate a nuisance shall include, but are not limited to, sums paid to a third party for services provided in abating the nuisance, the salaries and benefits earned by city employees engaged in abating the nuisance, a reasonable charge for city machinery or equipment used, and such other reasonable costs and expenses as may have been incurred.
B. After action to abate a nuisance has been completed, the city shall send to the property owner an itemized written statement of nuisance abatement costs and related fees and charges. The written statement shall be sent by ordinary mail to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. The statement shall be immediately due and payable and shall become delinquent if not paid within fourteen (14) days after the date of the statement.
C. A person who has been charged nuisance abatement costs may file an appeal in writing with the city clerk within fourteen (14) days of the statement date. An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the statement shall thereupon become final. Appeals shall be heard by the city council or a committee designated by the city council. The city clerk shall notify the person filing the appeal and the enforcement officer of the date, time and place for the appeal hearing. Notice shall be mailed to the person filing the appeal by ordinary mail. The hearing shall be scheduled for a date within twenty (20) days after the filing of the appeal, unless the person filing the appeal requests an extension of not more than fourteen (14) days. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this subsection is to promote the prompt and speedy resolution of disputes. The person filing the appeal may be represented by counsel at such person's own expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense. After such hearing, the city council or designated committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. The decision shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law. If the amount of the assessment is reduced by over half or waived, the appeal filing fee shall be refunded to the person who filed the appeal.
D. All cost and expense of the city in abating a nuisance, and all other related fees and charges, shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code section 364.12 for collection in the same manner as a property tax. (Ord. 4980, 12-14-2009)
WA530 8-4A ()CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
ARTICLE A. ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION:
8-4A-1: Purpose And Intent
8-4A-2: Definitions
8-4A-3: Applicability
8-4A-4: Storm Water Management Program; Authority Of City Engineer
8-4A-5: Exempted Nonstorm Water Discharges
8-4A-6: Illicit Discharges And Illicit Connections Prohibited
8-4A-7: Illicit Discharge Items
8-4A-8: Storm Water Monitoring Sites
8-4A-9: Watercourse Protection
8-4A-10: Management Of Storm Water Pollutants By Use Of Best Management Practices (BMPs)
8-4A-11: Suspension Of Discharge Rights Due To Illicit Discharges In Emergency Situations
8-4A-12: Suspension Of Action Due To Detection Of Illicit Discharge In Nonemergency Situations
8-4A-13: Monitoring Of Discharges
8-4A-14: Notification Of Spills
8-4A-15: Enforcement; Notice Of Violation
8-4A-16: Appeal Of Notice Of Violation
8-4A-17: Enforcement Measures After Appeal
8-4A-18: Cost Of Abatement Of Violation
8-4A-19: Injunctive Relief
8-4A-20: Compensatory Action
8-4A-21: Violations Deemed A Public Nuisance
8-4A-22: Municipal Infraction
8-4A-23: Remedies Not Exclusive
8-4A-24: Abrogation And Greater Restrictions
8-4A-25: Severability
8-4A-26: Ultimate Responsibility
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of nonstorm water discharges to the municipal separate storm sewer system (MS4), to the maximum extent practicable, as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the national pollutant discharge elimination system (NPDES) phase II permit and the federal clean water act. The objectives of this article are to:
A. Establish legal authority to conduct inspection and monitoring procedures necessary to ensure compliance with this article;
B. Investigate and eliminate, to the maximum extent practicable, the contribution of pollutants to the MS4 by storm water discharges introduced by system users; and
C. Prohibit illicit connections and discharges to the MS4. (Ord. 4762, 3-14-2005)
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