HomeMy WebLinkAboutA004 - Email from City Attorney dated March 23, 2012 s,
i Follow-Up from Council Meeting
_ Diane R Voss to: David A Brown, Matt B Pepper 04/11/2012 05:16 PM
Bcc: Diane R Voss
Gentlemen:
Regarding the"Weeds and Grass Height' item on the past Council Agenda, Council Member Orazem
requested that the Council be provided with the list of complaints; specifically to ascertain if any of the
species included in the Iowa Code Section (being proposed to be incorporated into our ordinance) are the
ones that the City has received complaints about.
Steve Schainker directed me to send that request to you for response. Thank you!
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
City Manager Schainker informed the Council of the complexities of the fee calculation. He noted
that the unemployment claim was filed by an employee who spent the majority of his career in
building inspections, not rental inspections. Therefore, Mr. Schainker said he could justify not
charging the costs associated with the unemployment claim to rental inspections.
Moved by Goodman, seconded by Davis, to adopt RESOLUTION NO. 12-154 approving the
proposed changes to the Rental Registration fees to increase overall as provided in Column B of the
Council Action Form,which excludes the cost of unemployment benefits from the amount collected
in Rental Registration fees.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
WEEDS AND GRASS HEIGHT COMPLAINTS: City Manager Schainker advised that state law
governs weed control within the state. Under those provisions, each county appoints a Weed
Commissioner, who is responsible for developing and enforcing a County Noxious Weed Control
Program. In order to provide for better response to Ames citizens who complain about noxious
weeds and to provide a clearer understanding of weed prohibitions,Mr.Schainker said that it would
be advisable to adopt a City ordinance that would make the presence of noxious weeds a public
nuisance enforceable as a municipal infraction. Under such an ordinance, the City Manager could
designate the City's Neighborhoods Inspector as the official who would be authorized to enforce
violations of the weed prohibitions.
At the inquiry of Council Member Davis, City Attorney Marek advised that the Iowa Code would
be incorporated by reference, which lists the noxious weeds that would be included. By doing so,
the City would not need to amend its Ordinance every time the State amends that section.
Council Member Davis noted that he would like staff to attempt to get voluntary compliance from
the violator before filing a Municipal Infraction. City Manager Schainker noted that it had always
been the practice of the City to work with its residents in order to achieve voluntary compliance.
Council Member Orazem pointed out that if the State's list of noxious weeds does not include any
of the weeds about which Ames citizens are complaining, it would not change anything.
Upon the question of Council Member Davis, City Attorney Marek advised that currently,there is
no authority in the Municipal Code for the City to take enforcement action against violators who
have noxious weeds on their property.
Moved by Goodman, seconded by Wacha,to direct staff to prepare an ordinance defining noxious
weeds as specified in the Iowa Code, declaring noxious weeds a public nuisance enforceable as a
municipal infraction, and publishing notice of public hearing.
\�Council Member Davis expressed his uncertainty that adopting a local ordinance would change
anything. He believes that there is a process in place already, i.e.,
Council Member Orazem requested that the Council be provided with the list of complaints,
specifically to ascertain if any of the species included in the Iowa Code Section are the ones that the
City has received complaints about.
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Re: Follow-Up from Council Meeting
David A Brown to: Diane R Voss 04/12/2012 08:52 AM
,} Cc: Sara Kramer, Natalie Herrington, Matt B Pepper
We will respond with that information as soon as possible.
David Brown
Building Official
(515) 239-5155
(515)450-8882
Diane R Voss Gentlemen: Regarding the"Weeds and Grass H... 04/11/2012 05:16:11 PM
From: Diane R Voss/COA
To: David A Brown/COA@COA, Matt B Pepper/COA@COA
Date: 04/11/2012 05:16 PM
Subject: Follow-Up from Council Meeting
Gentlemen:
Regarding the"Weeds and Grass Height' item on the past Council Agenda, Council Member Orazem
requested that the Council be provided with the list of complaints; specifically to ascertain if any of the
species included in the Iowa Code Section (being proposed to be incorporated into our ordinance) are the
ones that the City has received complaints about.
Steve Schainker directed me to send that request to you for response. Thank you!
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515)239-5105