HomeMy WebLinkAboutA001 - Council Action Form dated July 23, 2024 ITEM#: 21
DATE: 07-23-24
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: UPDATING ENFORCEMENT PROVISIONS TO CHAPTER 5B AND
CHAPTER 22A OF AMES MUNICIPAL CODE
BACKGROUND:
In reviewing sections of the Municipal Code, it was found that certain chapters need updated language
to support enforcement of the respective provisions and requirements. The two recently noted are
Chapter 5B (Post Construction Stormwater Management) and Chapter 22A (Use of City Right-of-way
by Right-of-way Users).
Staff from the Public Works and Legal departments have met and determined that minor updates and/or
additions to each chapter will provide the necessary enforcement language. These changes will bring
the enforcement provisions of these chapters into alignment with other comparable chapters. The
penalties would be $500 for first violations and $750 for repeat violations.
On June 25, 2024, City Council directed the Legal Department to draft ordinance updates to
align the enforcement provisions of Chapters 5B and 22A with comparable sections of the
Municipal Code. The enforcement language (see attached) for both Chapters will now read:
"A violation of any provision of Chapter (SB or 22A, respectively) shall be a municipal infraction
punishable by a penalty of $500 for a person's first violation thereof, and a penalty of $750 for each
repeat violation."
ALTERNATIVES:
1. Approve first reading of Ordinance updating enforcement provisions to Ames Municipal Code
Chapter 5B and Chapter 22A.
2. Do not approve revisions to these chapters of Municipal Code at this time.
CITY MANAGER'S RECOMMENDED ACTION:
City Council previously directed that the enforcement provisions of Chapters 5B and 22A be updated to
be consistent with other similar sections of Municipal Code. Legal staff has now drafted these updates.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1,
as noted above
ATTACHMENT(S):
Ordinance Chap 5B and 22A.PDF
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTION 5B.8
AND ENACTING A NEW SECTION 22A.17 THEREOF, FOR
THE PURPOSE OF UPDATING CODE ENFORCEMENT
PROVISIONS,REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT; 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 amending Section 513.8 and enacting a new Section 22A.17 as follows:
"Sec 511.8. ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION
(1) Violation of any provision of this ordinance may be enforced by civil action including an
action for injunctive relief.In any civil enforcement action,administrative or judicial,the City shall be entitled
to recover its attorneys'fees and costs from a person who is determined by a court of competent jurisdiction to
have violated this ordinance.
(2) Violation of of this or-dinanee may also be enfiar-eed as a m-unieipal
A violation of any provision of Chapter 513 shall be a municipal infraction punishable by a
penalty of$500 for a person's first violation thereof,and a penalty of$750 for each repeat violation.
(3) Restoration of lands: Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time after notice, City may
take necessary corrective action,the cost of which shall become a lien upon the property until paid.
(4) Holds on Occupation Permits: Occupancy permits shall not be granted until all storm
water management BMPs have been inspected and approved by City.10.2
Sec.22A.17 ENFORCEMENT
A violation of any provision of Chapter 22A shall be a municipal infraction punishable
by a penalty of$500 for a person's first violation thereof,and a penalty of$750 for each repeat violation."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 2024.
Renee Hall,City Clerk John A.Haila,Mayor
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