HomeMy WebLinkAboutA006 - Cover letter to Council with first draft of ordinance - Legal Department
515 Clark Avenue,P. O.Box 811
(taring People Ames,IA 50010
Qualify Prograru
F.ep,io„w,Se"ice Phone: 515-239-5146 •Fax: 515-239-5142
April 4, 2002
The Honorable Ted Tedesco, Mayor,
Members of the City Council of the City of Ames, Iowa,
and the City Manager of the City of Ames, Iowa
Re: Property Maintenance, Draft Ordinance
Dear Mayor Tedesco, Council Members and City Manager:
In furtherance of the Council's request of March 26,with this is a first draft of a property maintenance
ordinance. Please give me the benefit of your questions, suggestions,objections and critique. I have
not addressed outdoor storage of motor vehicles and solid waste disposal because those matters are
already addressed by the Code. This ordinance addresses unsightly conditions caused by things that
are not junk or refuse.
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
Attachment
' L'RL F
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. Findini4s: 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
overgrown vegetation, noxious vegetation, and 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 in close 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 any of the following:
a) outdoor storage of household appliances, household furniture, household
furnishings or goods unless such items are designed for outdoor use and are used
on the premises for purposes of the household;
b) lawns grown to a height of eight inches or more;
c) multiflora rose, burdock, ragweed, garlic mustard, quack grass, perennial sow
thistle, Canada thistle, bull thistle, European morning glory or field bindweed,
horse nettle,leafy spurge,perennial pepper-grass,Russian knapweed,buckthorn,
and all other species of thistles belonging in genera of Cirsium and Carduus;
butteiprint annual, cocklebur annual, wild mustard annual, wild carrot biennial,
buckthorn perennial, sheep sorrel perennial, sour dock perennial, smooth dock
perennial,poison hemlock,multiflora rose,wild sunflower annual,puncture vine
annual,teasel biennial,and shattercane annual;
d) used or damaged lumber, scrap metal, cut-up brush, cut-up trees, cans, bottles,
tires,salvaged materials,boxes,bags,bins or other containers,that are visible from
a public street, sidewalk, alley, or adjacent property for a period longer than ten
days,except firewood for use on the premises may be stacked in the side or rear
yards of the premises.
e) broken windows,
f) buildings that are partially destroyed or only partially constructed or incomplete
after the building permit authorizing its construction has expired;
DRAFT
g) fountains, pools, ponds, and water retaining depressions or water retaining
excavations that harbor a growth of algae,mosquitos, or infectious bacteria that
cause disease in humans;
h) construction equipment and machinery and building supplies and materials stored
in acres visible from public rights of way or neighboring properties unless part of
an active construction project.
3. Ground Cover Required. It shall be the duty of the property owner to cause yard areas
of residential premises to be seeded with a common species of grass, sodded, or
otherwise improved with some form of landscaping or planting to prevent soil erosion
into adjacent storm sewers,sidewalks,driveways,streets,or abutting property."
4. Alternative Lawns. Any owner or occupant desiring to establish and maintain an
alternative lawn that utilizes vegetative ground cover that is allowed to grow to its full
natural height may apply to the Department of Planning and Housing for an alternative
lawn permit. To quality for an alternative lawn permit,the applicant shall prepare an
alternative lawn landscaping plan that graphically depicts the plantings and species of
plants on the lot or parcel and explains in narrative fashion how the plant species
prohibited by this section will be prevented and/or eradicated; and how the erosion
control goals of this section will be met. A property that has an "alternative lawn
permit" shall conform to and meet all other provisions of this section except the
prohibition on the height of the lawn.
Section Two. Violation of this ordinance shall be a municipal infraction punishable by a penalty of$500.00
for a person's first violation,and$750.00 for each repeat 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
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