HomeMy WebLinkAboutA011 - Letter from Mayor vetoing ordinance -c
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June 12, 2002
Members of the City Council
City of Ames
Ames,IA 50010
Dear City Council Members:
This is to inform you that, as mayor, I invoke the privilege of vetoing Ordinance No. 3662 that pertains to the
placement of upholstered,indoor-type furniture on unenclosed porches and in yards of rental housing.
I believe that this ordinance is very discriminatory as it deals with rental properties only and not owner-occupied
housing. This dilemma, intended to be corrected by this ordinance,could occur in either situation.
I further believe that the ordinance is very vague. There is furniture manufactured for both indoor and outdoor
use. It requires that City staff be very subjective in their inspections of premises that are the subject of complaint.
Subjective judgment creates a greater atmosphere for litigation, and our ordinances should be more definitive
than subjective. The term "overnight" is unrealistic and is not actually the cause of complaints. A more
appropriate term would be "one week"or"two weeks"as it seems to be more the case of citizens' concerns.
We need to remember that we live in a university community, and, on occasion, students will be students.
I believe that the penalty for this violation is unduly severe as the first violation constitutes a$500 fine. This
would cause an undue burden—particularly on that segment of our population that might be in the low- to
moderate-income category.
We are in a period when we are not encouraging citizen communication or neighbors talking to neighbors.
Passing an ordinance because we receive one complaint or call about a situation is not responsible government
to me. It makes me think that the tail is wagging the dog. The citizens of Ames would be better served by
adopting a general nuisance ordinance that pertains to this issue and several others regarding property
maintenance—for both rental and owner-occupied properties.
Since this is the first veto of my tenure as mayor,it is appropriate that I advise you that the council can override
this veto by passing,within 30 days of the date of this letter,the measure again by no less than two-thirds vote
of the council members. Please note that this is not of the council members present at the meeting—the vote
would have to have four votes. If you desire that this item be placed on an agenda within the 30-day period,
please notify Diane Voss.
Respectfully,
Ted Tedesco
Mayor
copy to: Steve Schainker, Bob Kindred, Sheila Lundt, John Klaus, Clare Bills
J � .
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA,BY REPEALING SUBSECTION 13.38(3)(L)THEREOF AND
RE-ENACTING THE SAME REVISED FOR THE PURPOSE OF PROHIBITING
THE PLACEMENT OF UPHOLSTERED INDOOR TYPE FURNITURE ON
UNENCLOSED PORCHES AND YARDS OF RENTAL HOUSING;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A
PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Subsection 13.38(3)(1)and re-enacting it to read as follows:
"(1) Occupants shall not permit to remain overnight, on the yards or open porch areas, any
upholstered furniture,or other furniture,manufactured for use indoors."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out in Section 1.9 of this Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 12002.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
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