HomeMy WebLinkAboutA018 - Cover letter to Council with proposed ordiance Legal Department
515 Clark Avenue,P.O.Box 811
Caring People Ames 1A 50010
Quality Programs
Exceptional Service Phone: 515-239-5146 • Fax: 515-239-5142
February 28, 2003
The Honorable Ted Tedesco, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Property Maintenance Regulations
Dear Mayor Tedesco and Council Members:
With this is the proposed property maintenance regulation in the form to which it has evolved after
numerous prototypes and reiterations beginning in April of 2002. It began as a measure to cope with a
wide range of unkempt conditions pertaining to both owner occupied and tenant occupied premises. It
now pertains only to outdoor use of household furnishings that were not designed for outdoor use.
Certain kinds of upholstered furniture will be clearly covered by the ordinance;but,upholstered furniture
designed for outdoor use will not be prohibited. Some kinds of gas ranges will be prohibited,but a gas
range designed for outdoor use will not be, etc. etc. The burden of proving that an item is designed for
indoor use only will be on the City Attorney in contested cases.
The ordinance has a provision to make it clear that it applies to items on an open porch, defines a porch,
specifies how a porch is"closed"by glass or screens,and defines screens. If the enclosing glass or screen
are broken or ripped at any point, the porch ceases to be "closed" and is then"open".
All owners and occupants are responsible for"permitting"the furniture. If a house with an indoor type
upholstered couch on its open porch is owned by four people and consists of four apartments each
occupied by three adults, all 16 of those persons can be charged with a violation for "permitting" the
couch. There is no period of time that the item can be permitted before charges are filed.
The penalty is$50 for the first offense and$100 for repeat violations. That penalty level recognizes that,
unlike overoccupancy, there is no economic advantage derived by the violator.
The ordinance directs that a court order be sought to assess City costs of removing prohibited items.
Yours truly,
Wau -t—
Cityo n Attorney
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Enclosure