HomeMy WebLinkAboutA002 - Letter from City Attorney dated January 15, 2013 City Attorney's Office
515 Clark Avenue, P. O. Box 811
Caring People Ames, IA 50010
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Exceptional Service
January 15, 2013
The Honorable Ann H. Campbell, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Ordinances striking all references to the board of health from the Ames Municipal Code
Dear Mayor Campbell and Council Members:
Attached please find two ordinances for your review and approval. The first ordinance removes
all references to the board of health from Chapter 11 of the Ames Municipal Code. The second
ordinance removes the references to board of health from the code's index pages. Because these
references are in different areas of the code, two separate ordinances are needed to remove them.
As you can see, in the ordinance which deals with Chapter 11, Health and Sanitation, Sections
11.9, 11.10, and 11.11 have been removed in their entirety, while Sections 11.5, 11.6, 11.7 and
11.8 have been replaced. Sections 11.5 through 11.8 are the remaining sections of Chapter 11
that have been renumbered due to the removal of the three sections that refer to the board of
health.
Iowa Code Chapter 137 establishes local boards of health. It creates both city boards of health
and county boards of health. With the abolishment of our local board of health, the county board
of health will take over the responsibilities that were previously identified in our municipal code.
I have spoken with Margaret Jaynes at Story County Environmental Health and she has indicated
that the county is willing and able to take over this role. I therefore do not have any concerns
regarding the removal of these provisions from our code.
For your reference, I have attached the specific language that is being removed from Chapter 11
of the Ames Municipal Code.
Sincerely,
Digitally signed by
Kristine Stone
Date:2013.01.15
Kristine Stone 934:39-06'00'
Assistant City Attorney
Sec. 11.5 BOARD OF HEALTH--MEMBERSHIP,NAME.
The city council shall act as the board of health for the City of Ames,Iowa and at such times as
the council acts in that capacity it may be called the "Board of Health of the City of Ames, Iowa.
(Ord. No. 763, Sec. 1; Code 1956, Sec. 19-1; Ord. No. 2985, Sec. 1, 9-22-87) [State Law Ref. Iowa Code
Sec. 137]
Sec. 11.6. POWERS OF BOARD OF HEALTH.
The board of health shall have the following powers:
(1) To enforce the state health laws and the rules and lawful orders of the state department of
health.
(2) To make and enforce such reasonable rules and regulations not inconsistent with law or
with rules of the state board of health as may be necessary for the protection and improvement of the
public health. Such rules and regulations shall become effective upon approval of the city council and
publication in a newspaper having general circulation in the city. Before approving any rule or
regulation,the board of health shall hold a public hearing on the proposed rule or regulation. The notice
of the public hearing, stating the time and place and the general nature of the proposed rule or regulation
shall be published at least ten(10) days before the hearing in a newspaper of general circulation in the
area served by the board.
(Ord. No. 2523, Sec. 2, 8-5-75)[State Law Ref. Iowa Code Sec. 137.6 and 137.71
Sec. 11.9 WASTEWATER DISPOSAL, STATE RULES ADOPTED
(1) The rules of the Iowa Department of Natural Resources pertaining to'on-site wastewater
treatment and disposal systems'promulgated as 567-69.1 through 567-69.16 Iowa Administrative Code,
as the same may be amended or added to from time to time, are by this reference adopted and made a part
of this section as if fully set out, except as hereinafter provided.
(2) Applications for permits under said rules shall be submitted to the Ames City Sanitarian,
who shall make an inspection before construction and make a recommendation to the Ames City Council,
acting as the local board of health,with respect to the issuance or denial of the permit.
(3) A permit to construct or reconstruct an on-site waterwater treatment and disposal system
shall not be issued unless the City Council finds that:
(a) The City sanitary sewer system is not reasonably accessible at the site for which
the application is made;
(b) The system can and will be designed, constructed and operated to meet the
standards of the aforesaid rules;
(c) And any fees established by the City Council for the permit have been paid.
(4) No such system shall be used until it has been inspected by the City Sanitarian and found
to meet the standards and requirements of the aforesaid rules.
(5) All existing systems shall be inspected and analyzed every other year, and at any time the
Sanitarian has reason to suspect that a system has failed in its function. When any on-site wastewater
treatment and disposal system is found by the City Sanitarian to be failing in its function,the owners or
persons in control of the premises shall be sent a notice to connect the premises to the sanitary sewer
system immediately. Failure to do so within 72 hours shall be a violation of this section unless the
persons so ordered appeal to the City Council and the City Council finds that the sanitary sewer is not
reasonably accessible at that site. If the Council finds that the sanitary sewer is not reasonably accessible,
it shall, acting as the Board of Health, order the system reconstructed to meet the standards adopted in
subsection(1)above.
(Ord. No. 3079, Sec. 1, 4-24-90)
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, CHAPTER 11, HEALTH AND SANITATION, BY
STRIKING ALL REFERENCES TO THE BOARD OF HEALTH AND
RENUMBERING THE REMAINING SECTIONS IN THE CHAPTER.
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 Section 11.5 in its entirety and replacing it with the following Section 11.5:
"Sec. 11.5. PENALTIES FOR OFFENSES PERTAINING TO HEALTH AND SANITATION.
(1) A violation of any provision of Chapter 11,Health and Sanitation,shall be a municipal infraction
punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation.
(2) Alternatively,a violation of any provision of Chapter 11,Health and Sanitation,can be charged by
a peace officer of the city as a simple misdemeanor.
(Ord.No. 2523, Sec. 2, 8-5-75; Ord.No. 3497, Sec. 9, 8-25-98; Ord.No. 3551, 3-7-00) [State Law Ref.Iowa Code
Sec. 137.21]"
Section Two. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 11.6 in its entirety and replacing it with the following Section 11.6:
"Sec. 11.6. BURIAL OF HUMAN BODIES OUTSIDE CEMETERIES.
Burial of human bodies outside legally established cemeteries is prohibited.
(Ord.No. 3027, Sec. 1, 11-22-88)"
Section Three. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by repealing Section 11.7 and replacing it with the following Section 11.7:
"Sec. 11.7. HAZARDOUS MATERIALS CLEAN UP.
(1) Definitions. For the purpose of this section these words and phrases have the following
meanings:
(a) Hazardous waste means any substance as defined in section 455B.411,subsection 3,
paragraph a,Code of Iowa,and the rules of the Iowa Department of Natural Resources.
(b) Hazardous substance means any substance as defined in section 455B.381,subsection
5,of the 1993 Code of Iowa.
(c) Hazardous conditions means the same as set out in section 455B.381, subsection 4,of
the 1993 Code of Iowa.
(d) Persons having control over a hazardous substance means the same as set out in
section 455B.381,subsection 7,of the 1993 Code of Iowa.
(e) Clean up means the same as set out in section 455B.381,subsection 1,of the 1993 Code
of Iowa.
(f) Treatment means a method,technique,or process,including neutralization,designed to
change the physical,chemical or biological character or composition of a hazardous substance so as to neutralize it
or to render the substance non-hazardous,safe for,transport,amendable for recovery,amendable for storage,or to
reduce it in volume. Treatment includes any activity or processing designed to change the physical form or
chemical composition of hazardous substance to render it non-hazardous.
(2) Clean Up Required. Whenever a hazardous condition is created by the deposit,injection,
dumping,spilling,leaking or placing of a hazardous waste or substance,so that the hazardous substance or waste or
a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged
into any waters,including ground waters,the person having control over a hazardous substance shall cause the
condition to be remedied by a clean up,as defined in the proceeding section,as rapidly as feasible to an acceptable,
safe condition. The cost of clean up shall be borne by the person having control over a hazardous substance. If the
person having control over a hazardous substance does not cause the clean up to begin in a reasonable time in rela-
tion to the hazard and circumstances of the incident,the City may proceed to procure clean up services and bill the
person having control over a hazardous substance. If the bill for those services is not paid within thirty(30)days the
City shall proceed to obtain payment by all legal means it deems reasonable and appropriate.
(3) Notification. The City employee leading the response to a hazardous materials spill shall notify
the Story County Sheriff as soon as possible.
(Ord.No. 3271, Sec. 1, 4-26-94)"
Section Four. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 11.8 and replacing it with the following Section 11.8:
"SEC. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES.
Any person who abandons or otherwise leaves unattended any refrigerator,icebox,washing machine,
dishwasher,kitchen range,clothes dryer,freezer,commode,urinal,bathroom sink,kitchen sink,or other large
household appliance,bathroom fixture,kitchen fixture,or similar container,outside of buildings,or any person who
allows such refrigerator,ice box,washing machine,dishwasher,kitchen range,clothes dryer,freezer,commode,
urinal,bathroom sink,kitchen sink,bathroom fixture,kitchen fixture,or other large household appliance,or similar
container,to remain outside of buildings or premises in the person's possession or control,abandoned or unattended,
commits a violation of this section.
(Ord.No. 3486, Sec. 1, 6-9-98)"
Section Five. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Sections 11.9, 11.10 and 11.11 in their entirety.
Section Six. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out by law.
Section Seven. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the
extent of such conflict,if any.
Section Eight. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 2013
ATTEST:
Diane R.Voss,City Clerk Ann H. Campbell,Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, INDEX, TO REMOVE ALL
REFERENCE TO THE BOARD OF HEALTH.
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 the reference to"Board of Health'from the Index.
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
ATTEST:
Diane R.Voss,City Clerk Ann H. Campbell,Mayor