HomeMy WebLinkAboutA017 - Cover memo to City Manager with proposed ordinance Memo
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1 C�" 92002
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TO: Steve Schainker, CityManager ClT�'ME'S,I
g CITY OF AMES,IQWA
FROM: John R. Klaus, City Attorne/#
DATE: December 6, 2002
SUBJECT: Residential Property Maintenance Ordinance
With this is an ordinance proposed in response to the action taken by the City Council with respect
to agenda item #16 at the City Council's meeting of November 26, 2002. For your convenient
review, the City Clerk's Council Action Summary is also attached.
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Attachments
c: -.--Dianfyoss
Jeff Pearson
Loras Jaeger
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW SECTION 17.34 FOR THE
PURPOSE OF REGULATING THE MAINTENANCE OF RESIDENTIAL
PROPERTY; 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
adding a new section as follows:
"17.34 RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
(1) Findings: It is found and determined that:
(a) property values and general welfare are founded in part on the appearance of
private properties in the City;
(b) some properties in the community have become a blighting influence due to the
accumulation of items of personal property in yards;
(c) the existence of such conditions as described in this section are injurious to the
general welfare by impeding the enjoyment of other property in the vicinity;
(d) abatement of such blighting conditions enhances the welfare of the citizens because
enjoyment of properties inclose proximity to each other depends on meeting a standard of sightliness
and tidiness. The beneficial effects of maintaining property to meet a minimum standard of
sightliness and tidiness include appreciation in the value of property,attraction of capital investment,
preservation of the tax base,and neighborhood tranquility.
(2) Standards: It shall be a violation of this section for any landowner or person leasing,
occupying or having control of any real property used for residential purposes, to keep, maintain,
deposit or perform or permit on such property the outdoor use,outdoor storage or outdoor placement
of household appliances, household furniture, or household furnishings, unless such items are
designed for outdoor use and are used on the premises for purposes of the household. The term
"outdoor" includes a porch. However, the use, storage or placement of household appliances,
household furniture or household furnishings on a porch is not prohibited if the porch is completely
enclosed by fully intact glass or fully intact screens. A porch is a platform completely covered by a
roof located at and attached to or abutting against the entrance to a building. Screens are framed
wire mesh or framed plastic mesh used to keep out insects and permit airflow.
(3) Costs of Abatement: Pursuant to subsection 364.22(9)Code of Iowa,when judgment
has been entered for a violation of this section,a court order shall be sought to authorize the City to
abate or correct the violation and order that the City's costs for such abatement or correction of the
violation be entered as a personal judgment against the defendant,or assessed against the property,
or both."
Section Two. Violation of this ordinance shall be a municipal infraction punishable by a penalty of$50.00
for a person's first violation, $100.00 for a person's second violation, and $250.00 for a person's third and each
succeeding violation.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of ,2002.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
00649B-17.34-Maintenance of Residential Propertympd, Revised 4-29-02,11-19-02,11-21-02,12-06-02
COUNCIL ACTION SUMMARY
Meeting Date: 11126102
Agenda Item #: 16
SUBJECT: Property Maintenance Ordinance
ACTION TAKEN: Directed the City Attorney to prepare the residential property maintenance
ordinance as presented in the staff report, but deleting 2b (pertaining to vegetation), adding language
prohibiting household furniture outside and on unenclosed porches,and defining an unenclosed porch
as not having fully intact screen or fully intact glass.
MOTION BY: Cross
SECOND BY: Vegge
VOTING AYE: Cross, Hoffman, Vegge, Wirth
VOTING NAY: Goodhue
ABSENT: Quirmbach
By:
Diane Voss, City Clerk
Copy to: John Klaus✓