HomeMy WebLinkAboutA001 - Council Action Form, August 13, 1985 ITEM # :�z
DATE: August 13, 1985
COUNCIL ACTION FORM
SUBJECT: Wording Change for Section 10.9 of the Ames Municipal Code
BACKGROUND:
In past court cases when charges have been filed against property owners for
failure to correct garbage and/or refuse violations, Section 10.9 of the
Municipal Code has been the basis of the violation. All past situations have
occurred on the defendants property, and the defendant admitted placing the
items on the property.
In a recent trial the defendant was found not guilty due to the wording of
Section 10.9. This particular owner was charged with accumlation of refuse
on his rental property. Even though the owner admitted the materials were
present and even though he admitted the items were not removed within the
given time limits, the judge found the defendant not guilty because the city
had not proven the defendant had placed the items in question on the property.
Had the wording of Section 10.9 read to the affect: It is unlawful for any
person to deposit, place, or allow to remain rather than just deposit or place the trial outcome may have been different and in favor of the city.
ALTERNATIVES :
1 . Instruct the City Attorney to change the wording of Section 10.9 of the
Ames Municipal Code so that in addition to depositing or placing garbage/refuse
constituting a violation, willfully allowing garbage/refuse to remain on a
property would also be a violation.
2. Do not change the existing wording of Section 10.9 of the Municipal Code.
MANAGER' S RECOMMENDED ACTION:
It is recommended by the City Manager that the Council adopt alternative #l .
This would entail instructing the City Attorney to change the wording of
Section 10.9 of the Municipal Code so that all property owners, whether rental
or home occupied, are legally responsible to correct garbage and/or refuse
violations.
COUNCIL ACTION: