ORDINANCE NO. 13,943

Transcription

1 ORDINANCE NO. 13,943 AN ORDINANCE to amend Municipal Code of City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Sections , , , , , , , , , reof enacting new Sections , , , , , , , , , , relating to snow ice removal. Be It Ordained by City Council of City of Des Moines, Iowa: Section 1. That Municipal Code of City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by repealing Sections , , , , , , , , , reof enacting new Sections , , , , , , , , , , relating to snow ice removal, as follows: Sec Definitions. The following words, terms phrases, when used in this division, shall have meanings ascribed to m in this section, except where context clearly indicates a different meaning: Hearing Officer means city manager or designated representative. Person means includes an individual or group or association of individuals; a firm or any member reof; a corporation or any executive officer, manager, person in charge or employee reof; use of a pronoun specifying one gender shall include both genders. Owner means record title holder or contract purchaser, if any. Where city holds title to real estate, which by operation of state law is under charge supervision or management control of an independent board, utility, or enterprise, such board, utility or enterprises shall be considered owner of real estate. Snow season means period beginning October 15 ending April 15.

2 Sec Obligation of owner or person in possession of real estate. (a) The owner of any real estate abutting a public sidewalk shall remove snow, ice accumulations from sidewalks within a reasonable time but in no case more than 48 hours following cessation of wear event by which it was deposited; provided, however, that in extraordinary wear circumstances director of public works or his or her designated representative may extend period of time for removal under this section. In those extraordinary wear situations director of public works or his or her designated representative will deliver to representative news media a statement indicating amount of additional time owners or those in possession of real estate shall have to remove snow, ice accumulations from sidewalks. (b) In any proceedings charging a violation of this article, proof that particular violation described constitutes a violation of this article, toger with proof that particular violator was owner, agent, tenant, or lessee of residential dwelling, commercial establishment /or real estate upon which violation occurred, shall be deemed to create a rebuttal presumption that such violator was party violating this article. (c) The owners or contract buyers, agents, tenants /or lessees of all residential dwellings, commercial establishments /or real estate upon which a violation of this article is found shall be jointly severally

3 responsible for compliance with this article jointly severally liable for any fines or damages awarded under this article. (d) If snow, ice or accumulations are not removed as required in subsection (a) of this section, including in any extraordinary wear circumstances, within time designated, director of public works or his or her designated representative or any police officer is authorized to issue a civil citation, pursuant to I.C (4), /or a notice of administrative assessment for civil penalty indicating owner or person in possession of real estate is in violation of this section is subject to penalties provided for in section of this division. Sec Treatment of unremovable ice. (a) When ice has formed upon any sidewalk so that it cannot be reasonably removed, owner or person in possession of abutting real estate shall within a reasonable time keep such ice sprinkled with fine cinders, s or deicing chemicals in such manner as to provide traction prevent sidewalk from being dangerous to persons using sidewalk. Nothing in this section shall be construed to be a substitute for removal of ice accumulations, as required in section of this division. This section shall only apply when ice cannot be reasonably removed; however, all accumulations of ice shall be removed as soon as practical.

4 (b) The director of public works or his or her designated representative or any police officer is authorized to issue a civil citation pursuant to I.C (4) /or a notice of administrative assessment for civil penalty indicating owner or person in possession of real estate is in violation of this section is subject to penalties provided for in section of this division. Sec Deposit on public property. Sec Penalties. (a) No person shall remove or cause to be removed snow, ice accumulations from a private premises deposit snow, ice accumulations or cause snow, ice accumulations to be deposited upon any public right-ofway, street, avenue, alley, public square or common within city. (b) The director of public works or his or her designated representative or any police officer is authorized to issue a civil citation pursuant to I.C (4) to anyone violating this section indicating such person is in violation of this section is subject to penalties provided for in section of this division. (a) Any person who fails to remove snow, ice accumulations from sidewalks as required by this division shall be subject to administrative assessment for civil penalty against real estate abutting location of violation as set forth herein in an amount not

5 to exceed penalties provided by section 1-15 of this code. (b) Any person who fails to perform an act required by this division or who commits an act prohibited by this division shall be guilty of a municipal infraction punishable by a civil penalty as provided by section 1-15 of this Code. Sec Alternative relief. A proceeding with a municipal infraction for civil penalty, an administrative assessment for civil penalty /or with administrative hearing process for costs of abatement as authorized by this article does not preclude city from seeking alternative relief from court in same action or as a separate action, including an order for abatement or injunctive relief. Sec Right to assess costs of removal by city. When city removes snow ice accumulations under section of this division, city may assess actual cost of removing such snow from real estate abutting sidewalk found to be in violation pursuant to sections through of this division, in addition to taking any or action provided for in this division. Sec Assessment of costs of removal by city. The actual cost of removing snow or ice accumulations from sidewalks shall be paid by owner of real estate abutting sidewalk shall be assessed against such real estate. Sec Notice of right to hearing regarding assessments. (a) In event city abated nuisance by causing accumulation of snow ice to be removed, a notice shall be given of right to a hearing regarding costs of removal. The notice shall contain following information:

6 (1) A descrip tion to extent possibl e, of conditi ons which constit uted nuisan ce; (2) A descrip tion of locatio n of nuisan ce; (3) An indicati on of date time that city entered onto said real estate caused conditi ons

7 which constit uted nuisan ce to be abated, or remove d, that costs of abatem ent or remova l will be assesse d against real estate abuttin g sidewa lk from which abatem ent occurre d, for collecti on in same manner as a propert y tax, or to be collect ed as a

8 person al judgme nt; (4) An itemiza tion of costs incurre d by city in abatem ent of violati on; (5) That person notifie d, or person s duly authori zed agent, may file a written request for hearing as set forth in this article; (6) That

9 failure to make a written request for a hearing within ten days of receipt of notice shall be consid ered a waiver of right to a hearing it will be reaf ter conclu sively presum ed that nuisan ce existed costs will be assesse d against abuttin g real estate withou t

10 furr notice. (b) In event that accumulation of snow ice has not been removed, City may issue an administrative fine a notice shall be given of right to a hearing regarding assessment of fine. The notice shall contain following information: (1) A descrip tion to extent possibl e, of conditi ons which constit uted nuisan ce; (2) A descrip tion of locatio n of nuisan ce; (3) An indicati on of date time

11 that city inspect ed said real estate determ ined that violati on existed of amount of admini strative fine, that fine will be collect ed by assess ment in same manner as a propert y tax, or will be collect ed as a person al judgme nt; (4) That

12 person notifie d, or person s duly authori zed agent, may file a written request for hearing as set forth in this article; (5) That failure to make a written request for a hearing within ten days of receipt of notice shall be consid ered a waiver of right to a hearing it

13 will be reaf ter conclu sively presum ed that nuisan ce existed costs will be assesse d against abuttin g real estate withou t furr notice. (c) Service of notice provided for in subsection (a) subsection (b) hereof shall be by regular mail, addressed to owner of real estate /or person deemed to be responsible for real estate abutting sidewalk upon which violation was located. Sec Administrative hearing. (a) Any person in receipt of a notice of right to hearing regarding assessment for removal of snow ice by city or for right to contest an administrative fine may have, upon request, an appeal hearing with a hearing officer to determine if assessment shall be placed against subject real estate.

14 (b) A request for hearing shall be made in writing filed with city clerk within ten days of receipt of notice. (c) Each request for hearing shall contain address of person requesting hearing to which all furr notices shall be mailed or served shall state basis for appeal. (d) The hearing shall be scheduled to be held as soon as practicable no later than 14 days after request for hearing was filed with city clerk. The person requesting hearing shall be notified in writing or by telephone of date place of such hearing at least three days in advance reof. At such hearing department person requesting hearing may be represented by counsel, examine witnesses, present evidence as necessary. (e) The hearing officer may find that violation existed that city caused removal of snow ice in accordance with this article, or may find that violation did not exist on subject real estate, or may uphold assessment for costs of abatement, or may uphold or reduce or waive costs of assessment. (f) The hearing officer may find that violation existed, or find that violation did not exist, may uphold administrative fine order it assessed against subject real estate, or may reduce fine order it assessed against subject real estate or may waive costs of assessment.

15 (g) If hearing officer finds that a nuisance exists or existed, an order may be entered requiring payment to city (1) for damages sustained on account reof, for costs of abatement for a civil penalty of not more than $ for initial offense; (2) for damages sustained on account reof, for costs of abatement for a civil penalty of not more than $ for each repeat offense; or (3) for any or fine authorized under Iowa Code for damages sustained on account reof costs of abatement. (h) The determination of hearing officer is a final administrative decision. (i) Failure to request a hearing within ten days of receipt of notice shall be considered a waiver of right to a hearing it will be reafter conclusively presumed that nuisance existed costs will be collected as set out in notice. Sec Repealed by Ord. No. 13,---. Sec. 2. This ordinance shall be in full force effect from after its passage publication as provided by law. FORM APPROVED: Emily Gould Chafa, Assistant City Attorney Attest: Preston Daniels, Mayor

16 I, Donna Boetel-Baker, City Clerk of City of Des Moines, Iowa, hereby certify that above foregoing is a true copy of an ordinance (Roll Call No ), passed by City Council of said City at a meeting held May 7, 2001, signed by Mayor on May 7, 2001, published as provided by law in Business Record on May 21, Authorized by Publication Order No Donna Boetel-Baker, MMC, City Clerk