ORDINANCES NOT CONTAINED IN THE CODE OF ORDINANCES

There are certain types of ordinances which the City will be adopting which may be, but do not have to be, incorporated in the Code of Ordinances. These ordinances include ordinances (1) establishing grades of streets or sidewalks, (2) vacating streets or alleys, (3) authorizing the issuance of bonds and (4) zoning ordinances.

(Code of Iowa, Sec. 380.8)

If such ordinances are to be included in the Code of Ordinances, the foregoing suggested form of ordinance amending the Code of Ordinances is appropriate; however, if such ordinances are not to be included in the Code of Ordinances, we suggest the following form of ordinance be used.

ORDINANCE NO. ___

AN ORDINANCE VACATING THE ALLEY LYING IN BLOCK TWO (2) RAILROAD ADDITION TO _____________, IOWA

Be It Enacted by the City Council of the City of ___________, Iowa:

SECTION 1. The alley lying in Block Two (2), Railroad Addition to _____________, Iowa, is hereby vacated and closed from public use.

SECTION 2. The Council may by resolution convey the alley described above to abutting property owners in a manner directed by the City Council.

SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 4. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 5. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by the Council the ___ day of __________________, 19__, and approved this ___ day of _________________, 19__.

_________________________________

Mayor

ATTEST:

_______________________________

City Clerk

I certify that the foregoing was published as Ordinance No. _____ on the ___ day of _________________, 19__.

_________________________________

City Clerk

These ordinances should be numbered in the same numerical sequence as any other amending ordinance and placed in their proper sequence in the ordinance book.

SUGGESTED FORM

DANGEROUS BUILDINGS

FIRST NOTICE

TO: (Name and address of owner, agent or occupant of the property on which nuisance is located or the person causing or maintaining the nuisance).

You are hereby notified to abate the nuisance existing at (name location of nuisance) within ____ days from service of this notice or file written request for a Council hearing with the undersigned officer within said time limit.

The nuisance consists of (describe the nuisance and cite the law or ordinance) and shall be abated by (state action necessary to abate the particular nuisance).

In the event you fail to abate or cause to be abated the above nuisance as directed, or file written request for hearing within the time prescribed herein, the City will take such steps as are necessary to abate or cause to be abated the nuisance and the cost will be assessed against you as provided by law.

Date of Notice: ________________________________

City of _______________________,

Iowa

By: ____________________________________

(enforcement officer)

SUGGESTED FORM

DANGEROUS BUILDINGS

NOTICE OF HEARING

TO: (Name and address of the owner, agent or occupant of the property on which nuisance is located or the person causing or maintaining the nuisance).

You are hereby notified that the City Council of __________, Iowa, will meet on the ___ day of ___________________, ____, at ___ o’clock _.m. in the Council Chambers of the City Hall, at (address of City Hall) for the purpose of considering whether or not the alleged nuisance consisting of (describe the nuisance) on your property, locally known as ________________________, constitutes a nuisance pursuant to Chapter (145) of the Code of Ordinances of _______________, Iowa, and should be abated by (state action necessary to abate the particular nuisance).

You are further notified that at such time and place you may appear and show cause why the said alleged nuisance should not be abated.

You are further notified to govern yourselves accordingly.

Date of Notice: ________________________

City of _______________________,

Iowa

By: ____________________________________

(enforcement officer)

SUGGESTED FORM

DANGEROUS BUILDINGS

RESOLUTION AND ORDER

BE IT RESOLVED, by the City Council of the City of __________, Iowa:

WHEREAS, notice has heretofore been served on the ___ day of ______________________, ____, on (property owner’s name), through (agent’s name or “none”), agent, to abate the nuisance existing at (legal description and address) within ___ days from service of notice upon the said (name of owner or agent); and

(EITHER)

WHEREAS, a hearing was requested by the said (name of property owner or agent) and the same was held at this meeting and evidence produced and considered by the City Council;

(OR, ALTERNATE TO PRECEDING PARAGRAPH)

WHEREAS, the said owner (agent) named above has failed to abate or cause to be abated the above nuisance as directed within the time set, and after evidence was duly produced and considered at this meeting, and said owner has failed to file a written request for hearing, as provided, after being properly served by a notice to abate;

NOW THEREFORE, BE IT RESOLVED that the owner of said property, or his agent (name of owner or agent) is hereby directed and ordered to abate the nuisance consisting of (describe the nuisance) by (state action necessary to abate) within ___ days after the service of this Order upon him; and

BE IT FURTHER RESOLVED that the enforcement officer be and is hereby directed to serve a copy of this Order upon the said property owner or agent named above; and

BE IT FURTHER RESOLVED that in the event the owner, or agent (name the owner or agent) fails to abate the said nuisance within the time prescribed above, then and in that event the City will abate the said nuisance and the cost will be assessed against the property and/or owner (owner’s name) at (address), as the law shall provide.

Moved by _____________________ to adopt.

Adopted this ____ day of ___________________, 19__.

_________________________________

Mayor

ATTEST:

_______________________________

City Clerk

Note: It is suggested by the blank space in the resolution that additional time be allowed the owner to abate the nuisance after the passage of the resolution before any action is taken on the part of the City to abate the same. In some instances, for the sake of public safety, the time element could be stricken from the resolution and immediate action be taken to abate the nuisance after the order is given.

SUGGESTED FORM

NOTICE TO ABATE NUISANCE

TO: (Name and address of owner, agent, or occupant of the property on which the nuisance is located or the person causing or maintaining the nuisance).

You are hereby notified to abate the nuisance existing at (name location of nuisance) or file written request for a hearing with the undersigned officer within (hours or days) from service of this notice.

The nuisance consists of: (describe the nuisance) and shall be abated by: (state action necessary to abate the particular nuisance).

In the event you fail to abate or cause to be abated the above nuisance as directed, the City will take such steps as are necessary to abate or cause to be abated the nuisance and the costs will be assessed against you as provided by law.

Date of Notice: _________________________

City of ____________________, Iowa

By: _____________________________________

(designate officer initiating notice)

NOTICE

REQUIRED SEWER CONNECTION

TO: ________________________________

(Name)

________________________________

(Street Address)

__________________________, Iowa

You are hereby notified that connection to the public sanitary sewer system is required at the following described property within ______ (____) days from service of this notice or that you must file written request for a hearing before the Council with the undersigned office within said time limit.

DESCRIPTION OF PROPERTY

________________________________________________________________

________________________________________________________________

________________________________________________________________

The nearest public sewer line within _________________ (____) feet of the above described property is located

________________________________________________________________

________________________________________________________________

________________________________________________________________

In the event you fail to make connection as directed, or file written request for hearing within the time prescribed herein, the connection shall be made by the City and the costs thereof assessed against you as by law provided.

Date Of Notice: ________________________

City Of ___________________,

Iowa

By: _________________________________, _________________________

(Name) (Title)

NOTICE OF HEARING

REQUIRED SEWER CONNECTION

TO: _________________________________

(Name)

_________________________________

(Street Address)

____________________________, Iowa

You are hereby notified that the City Council of ___________, Iowa, will meet on the ___ day of _________________, 19__, at ______ o’clock _m. in the Council Chambers of the City Hall for the purpose of considering whether or not connection to the public sanitary sewer system shall be required at the following described property:

DESCRIPTION OF PROPERTY

________________________________________________________________

________________________________________________________________

________________________________________________________________

You are further notified that at such time and place you may appear and show cause why said connection should not be required.

You are further notified to govern yourselves accordingly.

Date Of Notice: _________________________

City Of ___________________, Iowa

By: _________________________________, ________________________

(Name) (Title)

RESOLUTION AND ORDER

REQUIRED SEWER CONNECTION

BE IT RESOLVED, by the City Council of the City of _________, Iowa:

WHEREAS, notice has heretofore been served on the ____ day of __________, 19__, on _____________________________________________, (Name of Property Owner)

through ___________________________________________________, Agent,

(Agent’s Name or “None”)

to make connection of the property described as

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

to the public sanitary sewer located

________________________________________________________________within ______ (_____) days from service of notice upon said owner or agent; and,

(EITHER)

WHEREAS, a hearing was requested by the said owner or agent and the same was held at this meeting and evidence produced and considered by the City Council;

(OR AS ALTERNATE TO THE PRECEDING PARAGRAPH)

WHEREAS, the said owner or agent named above has failed to make such required connection within the time set, and after evidence was duly produced and considered at this meeting, and said owner or agent has failed to file a written request for hearing after being properly served by a notice to make such connection or request a hearing thereon;

NOW, THEREFORE, BE IT RESOLVED that the owner of said property, or his agent,

_______________________________________________________

(Name of Owner or Agent)

is hereby directed and ordered to make such required connection within ______ days after the service of this ORDER upon him; and

BE IT FURTHER RESOLVED that the City Clerk be and the same is hereby directed to serve a copy of this ORDER upon said property owner or agent named above; and

BE IT FURTHER RESOLVED, that in the event the owner, or agent,

__________________________________, fails to make such

(Name of Owner or Agent)

connection within the time prescribed above, then and in that event the City will make such connection and the cost thereof will be assessed against the property and/or owner

_______________________________________________________________

(Owner’s Name)

______________________________________________, as provided by law.

(Address)

Moved by ______________________ to adopt.

Seconded by ____________________________.

AYES: _________________, ________________, _______________,

_________________, ________________, _______________.

NAYS: _________________, ________________, _______________,

_________________, ________________, _______________.

Resolution approved this ___ day of ____________________, 19__.

_________________________________

Mayor

ATTEST:

_______________________________

City Clerk