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Waukee, IA Code of Ordinance
CODE OF ORDINANCE CITY OF WAUKEE, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 BOARD OF APPEALS
CHAPTER 24 PARKS AND RECREATION BOARD
CHAPTER 25 PUBLIC ART ADVISORY COMMISSION
CHAPTER 26 PARK REGULATIONS
CHAPTER 27 SUGAR CREEK MUNICIPAL GOLF COURSE
CHAPTER 28 TRIUMPH PARK
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 NOISE CONTROL
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER WELL PROTECTION
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER SERVICE CHARGES
CHAPTER 99 CONNECTION FEE DISTRICTS
CHAPTER 100 STORMWATER MANAGEMENT UTILITY
CHAPTER 101 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 102 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 103 POST-CONSTRUCTION STORMWATER MANAGEMENT
CHAPTER 104 REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL WASTEWATER AND HAULED WASTE
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 MANDATORY RECYCLING PROGRAMS
CHAPTER 110 NATURAL GAS SERVICE RATES AND CHARGES
CHAPTER 111 ELECTRIC ENERGY FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 115 RIGHT-OF-WAY AND UTILITY INSTALLATION PERMIT REQUIREMENTS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS AND SOLICITORS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 MASSAGE THERAPY ESTABLISHMENT LICENSE
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 145 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 TREES
CHAPTER 151 TELECOMMUNICATION TOWERS
CHAPTER 155 BUILDING CODES AND REGULATIONS
CHAPTER 156 RESIDENTIAL RENTAL CODE
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CHAPTER 161 LANDSCAPE AND OPEN SPACE REQUIREMENTS
CHAPTER 165 ZONING REGULATIONS DEFINITIONS AND GENERAL REGULATIONS
CHAPTER 166 ZONING REGULATIONS ADMINISTRATION AND ENFORCEMENT
CHAPTER 167 ZONING REGULATIONS SIGNS
CHAPTER 168 ZONING REGULATIONS PARKING AND LOADING
CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS
CHAPTER 170 FLOODPLAIN MANAGEMENT
CHAPTER 175 SUBDIVISION REGULATIONS DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 176 SUBDIVISION REGULATIONS PLATTING PROCEDURES
CHAPTER 177 SUBDIVISION REGULATIONS DESIGN STANDARDS
CHAPTER 178 SUBDIVISION REGULATIONS REQUIRED IMPROVEMENTS
CHAPTER 179 SUBDIVISION REGULATIONS DEVELOPMENT IMPACT ON COMMUNITY FACILITIES
112.10   ENFORCEMENT AND TERMINATION OF FRANCHISE
1.   Notice of Violation. In the event that the City believes that the Grantee has not complied with the terms of the franchise, the City shall informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the City shall notify the Grantee in writing of the exact nature of the alleged noncompliance.
2.   Grantee’s Right To Cure or Respond. The Grantee shall have 30 days from receipt of the notice described in Subsection 1 of this section:
   A.   To respond to the City, contesting the assertion of noncompliance; or
   B.   To cure such default; or
   C.   In the event that, by the nature of default, such default cannot be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed.
3.   Public Hearing. In the event that the Grantee fails to respond to the notice described in subsection 1 of this section pursuant to the procedures set forth in subsection 2 of this section, or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to Subsection 2(C) of this section, if it intends to continue its investigation into the default, then the City shall schedule a public hearing. The City shall provide the Grantee at least 10 days’ prior written notice of such hearing, which specifies the time, place and purpose of such hearing, and provide the Grantee the opportunity to be heard.
4.   Enforcement. Subject to applicable federal and State law, in the event the City, after the hearing set forth in Subsection 3 of this section, determines that the Grantee is in default of any provision of the franchise, the City may:
   A.   Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or
   B.   Commence an action at law for monetary damages or seek other equitable relief; or
   C.   In the case of a substantial default of a material provision of the franchise, seek to revoke the franchise in accordance with Subsection 5 of this section.
5.   Revocation:
   A.   Should the City seek to revoke the franchise after following the procedures set forth in Subsections 1 through 4 of this section, the City shall give written notice to the Grantee of its intent. The notice shall set forth the exact nature of the noncompliance. The Grantee shall have 90 days from such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from the Grantee, it may then seek termination of the franchise at a public hearing. The City shall cause to be served upon the Grantee, at least 30 days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the franchise.
   B.   At the designated hearing, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the City, to compel the testimony of other persons as permitted by law, and to question witnesses. A complete verbatim record and transcript shall be made of such hearing.
   C.   Following the hearing, the City shall determine whether or not the franchise shall be revoked. If the City determines that the franchise shall be revoked, the City shall promptly provide Grantee with its decision in writing. The Grantee may appeal such determination of the City to an appropriate court, which shall have the power to review the decision of the City de novo. Grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within 60 days of Grantee’s receipt of the determination of the City.
   D.   The City may, at its sole discretion, take any lawful action that it deems appropriate to enforce the City’s rights under the franchise in lieu of revocation of the franchise.
6.   Force Majeure.
   A.   The Grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, or suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which the Grantee’s cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
   B.   Furthermore, the parties hereby agree that it is not the City’s intention to subject the Grantee to penalties, fines, forfeitures or revocation of the franchise for violations of the franchise where the violation was a good faith error that resulted in no or minimal negative impact on the subscribers within the service area, or where strict performance would result in practical difficulties and hardship to the Grantee which outweigh the benefit to be derived by the City and/or subscribers.