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HomeMy WebLinkAbout~Master - Amending Chapter 77 of Municipal Code (Nuisances) ORDINANCE NO. 1002 AN ORDINANCE AMENDING CHAPTER 77 OF THE MUNICIPAJ., CODE OF THE CITY OF AMES, IOWA, BY DECLARING TREES INFECTED WITH DUTCH ELAI DISEASE TO BE PUBLIC NUISANCES; REPEALING SECTIONS 77-2, 77-3 ANE 77-4 OF SAID CHAPTER; AND PROVIDING FOR NOTICE TO ABATE NULA- SANCES , AUTHORITY IN THE CITY COUNCIL TO ABATE NUISANCES, AND ASSESSING THE COST OF ABATEMENT. Be It Ordained by The City Council of the City of Ames, Iowa, as follows: Section 1. That Chapter 77 of the Municipal Code of the City of Ames, Iowa be and the same is hereby amended by adding the following section thereto to be known as Section 77-1. 10 of the Municipal Code of the City of Ames, Iowa: 77-1. 10 Dutch Elm Disease. Trees infected with Dutch elm disease are public nuisances. Section 2. That Sections 77-2, 77-3 and 77-4 of Chapter 77 of the Municipal Code of the City of Ames, Iowa, be and the same is hereby repealed and the following sections be and the same are hereby enacted in lieu thereof to be known as Sections 77-2, 77-3 and 77-4 of the Municipal Code of the City of Ames, Iowa: 77-2 Notice to Abate. Whenever any public nuisance as defined in this Chapter 77 is found upon any private property, the city council may order the removal or abatement of such nuisance, and may serve or cause to be served upon the owner, occupant or person in charge of the property on which said nuisance is located, or on the person causing or maintaining such nuisance, a notice in writing, by delivering or offering to deliver, a copy of such notice to such person, requiring the removal or abate- ment of the nuisance within a reasonable specified time after the service of such notice. 77-3 Authority to Abate. If such owner, occupant or person in charge of such property, or person causing or maintaining such nuisance, neglects or fails to remove or abate such nuisance within the time specified from the time of service of such notice for the removal or abatement thereof, the city council may cause the same to be removed or abated, and the authorized person so removing or abating shall keep an actual account of the expenses incurred for such removal or abatement and file a verified statement, fully itemized, with the costs, with the city clerk. 77-4 Certification of Costs to County Auditor. If the City of Ames shall pay for the costs of removal or abatement, the amount of the same shall be a debt due the municipality from the owner of the lot or parcel of ground or person causing or maintaining the nuisance. An itemized statement for the amount due shall be presented to the person served with the notice to remove or abate. If the same is not paid within twenty days, the amount shall be levied by the city council and certified by the city clerk to the county auditor as a special tax against such lot or parcel of ground or the person causing or main- taining the nuisance, and shall be collected with, and in the same manner as, general property taxes. Section 3. All ordinances or parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 5th day of September, 1961. M. W. Jordan, Clerk Pearle P. DeHart, Mayor Moved by Ratterree and seconded by Eschbach Ordinance No. 1002 be passed on its first reading. Voting Aye: Armstrong, Brouhard, Eschbach, Judge, Ratterree Voting Nay: none Absent: Schilletter Moved by Ratterree and seconded by Armstrong, the rules governing the passage of ordinances be suspended, the second and third read- ings be omitted and the ordinance be placed on its final passage. Voting Aye: Armstrong, Brouhard, Judge, Eschbach, Ratterree Voting Nay: None Absent: Schilletter Moved by Armstrong and seconded by Judge Ordinance No. 1002 do now pass. Voting Aye: Armstrong, Brouhard, Judge, Eschbach, Ratterree Voting Nay: none Absent: Schilletter Mayor Dekla.rt declared Ordinance No. 1002 duly adopted. I, M. W. Jordan, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 1002 was duly and properly passed at a meeting of the City Council on the 5th day of September, 1961, and published in the Ames Daily Tribune on the 12th day of September, 1961. M. W. Jorda Clerk 1 511 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 5th day of September 1961. /Ih _'�_ 0� des M. or an, C' lerk Pearle P. DeHart, Mayor Moved by Ratterree and seconded by Eschbach Ordinance No. 1002 be passed on its first reading. Voting Aye: Armstrong, Brouhard, Eschbach, Judge, Ratterree Voting Nay: None .Absent: Schilletter Moved by Ratterree and seconded by Armstrong the rules governing the passage of ordinances be suspended, the second and third readings be omitted and the ordinance be placed on its final passage. Votidgr.ktye: _:!Arms,trong, Broulierld�)yJadgq Ratterree,.,Bschbachc o VotingK�Nay: None Absent: Schilletter Moved by Armstrong and seconded by Judge Ordinance No. 1002 do now, pass. Voting Aye: Armstrong, Brahard, Judge, Eschbach, Ratterree Voting Nay: None Absent: Schilletter ordinance Mayor DeHart declared Rssotmkios No. 21002 duly adopted.