Chapter 23-Unsafe Building and Structures

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 23 UNSAFE BUILDINGS AND STRUCTURES

6-23-1 PURPOSE AND SCOPE.
6-23-2 ENFORCEMENT.
6-23-3 DEFINITIONS.
6-23-4 PUBLIC NUISANCE.
6-23-5 RIGHT OF ENTRY.
6-23-6 INTERFERENCE.
6-23-7 REPAIRS AND REHABILITATION.
6-23-8 SERVICE BY PUBLIC UTILITIES.
6-23-9 GRADING OF PREMISES.
6-23-10 CONFLICT OF ORDINANCES.
6-23-11 ABATEMENT OF NUISANCES.
6-23-12 VIOLATIONS.

6-23-1 PURPOSE AND SCOPE.
It is the purpose of this Chapter to provide a just, equitable, and practicable method, to be cumulative with and in addition to, any other remedy provided by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants. Such buildings or structures may be required to be repaired, vacated, and/or demolished. The provisions of this code shall apply to any dangerous buildings or imminently dangerous structures, as herein defined, which are now in existence or which may hereafter become dangerous in the City. Nothing in this Chapter shall preclude the City from exercising any of its other statutory rights or remedies.

6-23-2 ENFORCEMENT.
The City Manager is responsible for Enforcement of this chapter. The City Manager is authorized to have his agents fulfill his responsibilities under this Chapter.

6-23-3 DEFINITIONS.
For use in this Chapter, the following terms are defined:

A.) “Unsafe Building” means any structure or mobile home meeting any of the following criteria:

1.) Various Inadequacies. Whenever the building or structure, or any portion thereof, because of:

(a.) Dilapidation, deterioration, or decay;

(b.) Faulty construction;

(c.) The removal, movement, or instability of any portion of the ground;

(d.) The deterioration, decay, or inadequacy of its foundation; or

(e.) Any other cause, is likely to partially or completely collapse.

2.) Manifestly Unsafe. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

3.) Infestation. Whenever the building or structure suffers from an infestation of animals, pests, insects, or any other living creature.

4.) Inadequate Maintenance. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer or other qualified inspector to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.

5.) Fire Hazard. Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal, Fire Chief, or other qualified inspector to be a fire hazard.

6.) Abandoned. Whenever any building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

7.) Generally. Any building or structure that is structurally unsound, not provided with adequate egress, constitutes a fire hazard, or is otherwise dangerous to human life, or constitutes a hazard to safety or health, or public welfare, by any reason.

B.) “Imminently Dangerous Structure” means any building, shed, fence, or other structure that is in danger of imminent collapse of all or any part of such structure, or is an immediate danger to the general public.

C.) “Owner” means the contract purchaser if there is one of record, the record title holder, or, if no records exist, the individual or business holding themselves out as being in control of the building or structure.

D.) “Corrective Action” means the repair, rehabilitation, removal, or demolition of the unsafe or imminently dangerous building or structure, whether performed by the owner or by the City or agents acting on the City’s behalf.

6-23-4 PUBLIC NUISANCE.
Any building or structure determined to be unsafe or imminently dangerous is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this Chapter.

6-23-5 RIGHT OF ENTRY.
Whenever necessary to make an inspection to enforce any provisions of this Chapter, or whenever the City Manager or any authorized agent have reasonable cause to believe that there exists conditions in any building or structure in violation of this Chapter, the City Manager and authorized agents may enter such building or structures at all reasonable times to inspect the same or perform any duty imposed by this Chapter, including these steps:

A.) The City Manager or his agent shall first make a reasonable effort to locate the owner or person in control of the building or structure to request entry.

B.) If entry is refused, the City Manager or his agent shall have recourse to every remedy provided by law to secure entry, including but not limited to inspection warrants.

C.) When the City Manager or his agent have obtained such warrant or other remedy provided by law to secure entry, no owner or occupant shall fail or neglect, after proper request is made, to promptly permit entry for the purpose or inspection or examination pursuant to this Chapter.

6-23-6 INTERFERENCE.
No person shall improperly obstruct, impede, or interfere with the owner, the City Manager, or any of their authorized agents in their legal access, inspection, review, repair, rehabilitation, removal, or demolition of the building or structure at issue. Such interference shall be a violation of this Chapter.

6-23-7 REPAIRS AND REHABILITATION.
All buildings and structures which are required to be repaired and/or rehabilitated under this Chapter shall be subject to the requirements of the Property Maintenance Ordinance in Title VI, Chapter 21 of the City of Maquoketa Code of Ordinances.

6-23-8 SERVICE BY PUBLIC UTILITIES.
For any building or structure deemed to be unsafe or imminently dangerous, after the notice has been issued by the City Manager or his agent, containing the date listed for vacation of the building or structure, from such date it is unlawful for any public utilities corporation or company to furnish gas, electrical, or water service to any such building or structure. Services shall not be restored until written authorization is received from the City Manager or his agent upon completion of the corrective actions or upon a limited basis to be used in connection with the corrective actions. The City Manager shall give such authorization upon final approval and completion of all required corrective actions.

6-23-9 GRADING OF PREMISES.
If a building or structure is removed or demolished, such actions shall include the filling and grading of any excavation in such a manner as to eliminate all potential danger to the public health, safety, or welfare arising from such excavation.

6-23-10 CONFLICT OF ORDINANCES.
In any case where a provision of this Chapter is found to be in conflict with any other provision of the ordinances of the City or State, the provision that establishes the higher standard for the promotion and protection of the health and safety of the citizens shall prevail.

6-23-11 ABATEMENT OF NUISANCES.
1.) The City Manager may abate any nuisance identified pursuant to this Chapter in accordance with the procedures for abatement of nuisances contained in Title III, Chapter 2 of the City of Maquoketa Code of Ordinances.

2.) If it is determined that an emergency exists by reason of the continuation or creation of a nuisance under this Chapter, the City Manager may abate the nuisance in accordance with the procedures of Section 3-2-8 of the City of Maquoketa Code of Ordinances.

3.) When applicable, along with stating whatever corrective action must be taken in any given situation, the notice to abate a nuisance shall state whether any occupants must vacate the structure and by when.

4.) When applicable, each entrance to a nuisance building or structure shall be posted with a public notice stating: “DO NOT ENTER. UNSAFE TO OCCUPY. CITY OF MAQUOKETA.” Any individual that enters the building or structure or removes said public notice without proper authority shall be in violation of this Chapter.

6-23-12 VIOLATIONS.
The violation of any provision of this Chapter shall constitute a violation of the City of Maquoketa Code of Ordinances and shall subject the violator to the following penalties:

1.) Any owner who violates any provision of this Chapter shall be guilty of a simple misdemeanor.

2.) Any violation of this Chapter or failure to perform any act or duty or requirement of this Chapter shall constitute a municipal infraction under Title III, Chapter 17 of this Code of Ordinances.

3.) The foregoing provisions concerning enforcement of this Chapter are not exclusive but are cumulative to any other remedies available under state law or local ordinance.

Chapter 22-Storm Water Drainage System District Utility

6-22-1 NEW CHAPTER
6-22-2 PURPOSE
6-22-3 DEFINITIONS
6-22-4 STORM WATER DRAINAGE SYSTEM DISTRICT ESTABLISHED
6-22-5 RATES
6-22-6 PAYMENT OF BILLS
6-22-7 LIEN FOR NONPAYMENT
6-22-8 REPEALER
6-22-9 SEVERABILITY CLAUSE
6-22-10 EFFECTIVE

6-22-1 NEW CHAPTER. The Code of Ordinances of the City of Maquoketa is amended by adding a new chapter, numbered 22, to Title VI, Physical Environment that is entitled, “Storm Water Drainage System District Utility.”

6-22-2 PURPOSE. The purpose of this chapter is to establish a Storm Water Drainage System District Utility and provide a means of funding the construction, operation and maintenance of storm water management facilities including, but not limited to, detention and retention basins, storm water sewers, inlets, ditches and drains, curb and gutter, and cleaning of streets. The Council finds that the construction, operation and maintenance of the City’s storm and surface water drainage system should be funded through charging users of property which may connect or discharge directly, or indirectly, into the storm and surface water drainage system.

6-22-3 DEFINITIONS. For use in this chapter, unless the context specifically indicates otherwise, the following terms are defined:
1. “Connection” means the physical act or process of tapping a public storm water sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes creation or maintenance of impervious surface that causes or is likely to cause an increase in the quantity or decrease in quality or both from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water system.

2. “Storm and surface water drainage system” means any combination of publicly owned storm and surface water quantity and quality facilities, pumping, or lift facilities, storm and secondary drain pipes and culverts, curb and gutter, open channels, creeks and ditches, force mains, laterals, manholes, catch basins and inlets, including grates and covers thereof, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of the storm and surface water system within the City, to which sanitary sewage flows are not intentionally admitted.

3. “Unit” shall mean each household, each place of commerce/education/
government/religion, or each industry, whether in a single building on a single lot or in a multiple-use building on a single lot or multiple lot complex. Each unit shall be charged individually, but where the complex is billed under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex.

4. “User” shall mean any person who uses property that maintains connection to, discharges to, or otherwise receives services from the City for storm water management. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall be deemed the user.

6-22-4 STORM WATER DRAINAGE SYSTEM DISTRICT ESTABLISHED
Pursuant to the authority of Section 384.84(5) of the Code of Iowa, the entire City is hereby declared a Storm Water Drainage System District for the purpose of establishing, imposing, adjusting and providing for the collection of rates for the operation and maintenance of storm water management facilities. The entire city, as increased from time to time by annexation, shall constitute a single Storm Water Drainage System District.

(Code of Iowa, Sec. 384.84[5])

6-22-5 RATES. Each user shall pay for storm and surface water drainage system service provided by the City. The rates for the operation and maintenance of the storm water management facilities shall be collected by imposing a monthly rate on each residential, commercial and industrial user within the City. The service charges shall be billed as part of a combined service account which means a customer service account for the provision of two or more utility services. The Council may adopt rules, charges, rates and fees for the use of the City’s storm and surface water system, and for services provided by the City relating to that system. Such rules may include delinquency and interest charges and penalties. Such charges and fees shall be just and equitable based upon the actual cost of operation, maintenance, acquisition, extension and replacement of the City’s system, the cost of bond repayment, regulation, administration, and services of the City. The rates for the foregoing functions shall be collected by imposing monthly rates of $3.50 on every City residential unit, $7.00 on every commercial/educational/
governmental/religious unit, and $15.00 on every industrial unit. Agricultural use of land is exempt from the requirements of this chapter.

6-22-6 PAYMENT OF BILLS. All Storm Water Drainage System District charges shall be due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 6-3-5 and Section 6-4-24 of this Code of Ordinance. All City services may be discontinued in accordance with the provisions contained in Section 6-3-5A and 6-4-26 if the combined service account becomes delinquent, and the provisions contained in Sections 6-3-5 and 6-4-9 relating to lien exemptions and lien notices shall also apply in the event of a delinquent account.

(Code of Iowa 384.84[2b] and [2d])

6-22-7 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for charges for the operation and maintenance of the storm water management facilities. Any such charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa 384.84[3a])

6-22-8 REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

6-22-9 SEVERABILITY CLAUSE . 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.

6-22-10 EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Chapter 21-Property Maintenance

6-21-1 PURPOSE.
6-21-2 AUTHORITY FOR ENFORCEMENT.
6-21-3 INTERFERENCE.
6-21-4 NUISANCES
6-21-5 ABATEMENT OF NUISANCES

6-21-1 PURPOSE. The purpose of this ordinance is to designate the responsibilities of persons for maintenance of structures within the City; to define nuisances as a result of the failure to perform such maintenance; and to provide for the abatement of such nuisances in order to provide for the health, safety and welfare of residents of the City.

6-21-2 AUTHORITY FOR ENFORCEMENT.

1. The City Manager shall be responsible for the enforcement of this chapter and shall have all necessary authority to carry out such enforcement. The City Manager may delegate his/her enforcement authority to a Property Maintenance Official.

2. There is hereby created and established an advisory committee consisting of five members, citizens and residents of the City, who shall be appointed by the Mayor with the approval of the City Council. The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first committee shall be for only one year and the term of two members of the first committee shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

3. The City Manager, or his/ or her designated Property Maintenance Official, may, in his or her discretion, consult with the advisory committee concerning potential violations of this chapter. The advisory committee may make non-binding recommendations to the City Manager or the Property Maintenance Official concerning enforcement of this chapter. However, the City Manager or designated Property Maintenance Official shall retain sole responsibility for the enforcement of this chapter.

6-21-3 INTERFERENCE. No person shall interfere with the City Manager or Property Maintenance Official while engaged in the enforcement of this chapter. A violation of this provision shall constitute a simple misdemeanor.

6-21-4 NUISANCES. A failure to satisfy any one or more of the following provisions shall constitute a nuisance:

1. General. All structures, equipment and exterior property, whether occupied or
vacant, shall be maintained in good repair and in structurally sound and sanitary condition as provided herein, so as not to cause or contribute to the creation of a blighted area or adversely affect the public health or safety.

2. Rodents and vermin. All structures, equipment and exterior property shall be kept free from rodent and vermin harborage and infestation. Where rodents and vermin are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent and vermin harborage and prevent re-infestation.

3. Accessory structures. All accessory structures, including, but not limited to, detached garages, fences, storage sheds, fences and walls shall be maintained in structurally sound condition and in good repair.

4. Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or application of other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and watertight.

5. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks, and shall be kept in such condition so as to prevent the entry of rodents or vermin.

6. Exterior walls. All exterior walls shall be maintained plumb unless otherwise designed or engineered; free from cracks, holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

7. Roofs and drainage. All roofs and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and down spouts shall be maintained in good repair, with proper anchorage and free from obstructions.

8. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch, or balcony, and all appurtenances thereto, shall be maintained in structurally sound condition, in good repair, and proper anchorage, and capable of supporting the imposed loads.

9. Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained in structurally sound condition and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

10. Handrails and guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads, and shall be maintained in good condition.

11. Basement entrances. Every basement hatchway or exterior basement entrance shall be maintained to prevent entry of rodents or vermin, and shall be maintained so as not to allow rain or surface drainage water to enter.

12. Broken doors or windows. Broken exterior doors and broken windows shall be replaced or repaired.
(Ord. 987, Passed February 16, 2004)

6-21-5 ABATEMENT OF NUISANCES.

1. The City Manager or designated Property Maintenance Official may abate any nuisance identified pursuant to this chapter in accordance with the procedures for abatement of nuisances contained in Title III Chapter-2 of the City of Maquoketa Code of Ordinances.

2. Any violation of this chapter shall also constitute a municipal infraction pursuant to Title III Chapter 17.

3. If it is determined that an emergency exists by reason of the continuation or creation of a nuisance under this chapter, the City Manager or designated Property Maintenance Official may abate the nuisance in accordance with the procedures of Section 3-2-8 of the City of Maquoketa Code of Ordinances.
(Ord. 981, 2-3-02)

Chapter 20-Maintaining Boulevard and Private Property

6-20-1 DEFINITIONS
6-20-2 MAINTENANCE OF BOULEVARD AND PRIVATE PROPERTY
6-20-3 EXCEPTIONS
6-20-4 FAILURE TO COMPLY
6-20-5 NOTICE TO OWNERS
6-20-6 BILLING
6-20-7 APPEALS
6-20-8 EMERGENCY
6-20-9 VIOLATION-PENALTY
6-20-10 SEVERABILITY CLAUSE
6-20-11 REPEALER
6-20-12 EFFECTIVE DATE

WHEREAS, the Code of Iowa at 364.12(c) provides that Cities may require the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets; now, therefore, the City Council enacts an Ordinance governing the duty of property owners within the City to maintain the abutting property outside the lot and property lines and inside the curb or traveled portion of the public street.

6-20-1 DEFINITIONS

A. “Boulevard” means the property outside a property owner’s lot and property lines and inside the curb lines upon the public streets, or in the absence of a curb from the traveled portion of the public street to the lot or property line.

B. “Private Property” means all real estate within the owner’s property or lot lines as shown on the plats of the Auditor of Jackson County.

C. “Property Owner” means the owner of real estate as shown in the records of the Auditor of Jackson County.

D. “Inspector” means the City Inspector or his/her Designee.

E. “Public Street” means the area from curb to curb or in the absence of curbing, the traveled portion of a public street, highway, road, or alley within the City limits.

F. “Zone” and “Areas Zoned” means the Residential – 1, Residential – 2,
Residential -3, Business – 1, Business -2, Industrial – 1, Industrial – 2, or Industrial – 3 districts with boundaries established under Title 5, Chapter 1 – B of the Code of Ordinances and set forth upon the District Map as it may, from time to time, be amended.

G. “Waterway” means a river, lake, pond, stream, creek, wetland, or other watercourse and adjacent banks.

6-20-2 MAINTENANCE OF BOULEVARD AND PRIVATE PROPERTY All property owners shall maintain their property and the abutting boulevard according to the following standards:

A. In districts zoned R-1, R-2, R-3, B-1, or B-2, all grasses, weeds, vines and brush shall be cut or destroyed when said growth exceeds six inches (6″) in height.

B. In areas zoned other than R-1, R-2, R-3, B-1 or B-2, all grasses, weeds, vines and brush shall be cut or destroyed when said growth exceeds ten inches (10″) in height.

C. Keep the abutting boulevard free of holes, excavations, protrusions, or other obstacles which could cause injury to the public.

D. Further, it shall be unlawful to discharge into the storm sewer system any yard waste, sticks or branches, garbage or trash, sand or silt, or any other material in such a way as to obstruct the system from functioning properly. It shall also be unlawful to discharge or place such materials into a public right-of-way (such as a street) in a manner likely to cause these materials to eventually accumulate in the storm sewer system or create a safety hazard.
(Ord. 939, 7-5-02)

E. In all zoning districts, the abutting property owner is required to maintain all abutting boulevard property, except that a property owner is not required to remove diseased trees or dead wood on the publicly owned property or right-of-way. This duty to maintain abutting boulevard property includes, but is not limited to, the duty to maintain sidewalks, grass areas, and any retaining walls located on the publicly owned property or right-of-way.
(Ord 1024, passed 05-15-06)

6-20-3 EXCEPTIONS

A. “Street Trees” as that term is defined in City Ordinance 6-14-1(1) are
hereby excepted from the requirements and enforcement of this Ordinance.

B. Waterways may exceed the standards established by this Chapter, except
that any growth of weeds, vines, or brush shall be cut or destroyed when such growth exceeds two feet (2′) in height.

C. Farm crops, pasture, vineyards, orchards, and garden plants grown or located on private property may exceed the requirements of this Ordinance. However, weeds and brush in such areas shall be cut when the height of such weeds or brush exceeds two feet (2′).

ADDITIONAL EXCEPTIONS The owner of a hillside, waterway or gully located on private property may make application to the City Council to exceed the requirements of this Ordinance for the hillside, waterway or gully located on private property; and, upon receipt of such an application, the City Council shall make a finding whether or not the hillside, waterway or gully located on private property may be maintained at a level that exceeds the requirements of this Ordinance but does not create a public health, safety or fire hazard; and, if the City Council makes such a finding, the Council may, by Motion, grant relief to the property owner from the requirements of this Ordinance and may establish a level of maintenance for the property that does not constitute a health, safety or fire hazard.

The City Inspector may make a similar application for hillsides, waterways and gullies located on publicly owned property and the City Council may act upon the application according to procedures set forth in this section.

A copy of the application to exceed the requirements of this Ordinance shall be mailed by regular U.S. Mail by the City Clerk to all property owners whose property abuts the property that is the subject of the application not less than seven (7) days prior to the City Council meeting at which the application is acted on by the City Council.

A property owner or abutting property owner who is aggrieved by the action of the City Council under this subsection shall have the right of appeal to the District Courts if that appeal is taken within thirty (30) days of the action of the City Council upon the application. If the appeal is not filed within thirty (30) days of the action of the City Council, then the applicant and abutting property owner shall have waived all right of appeal of the action of the City Council.

6-20-4 FAILURE TO COMPLY

A. If the property owner fails to maintain the property as required under this chapter after notice is given as provided in this chapter, the inspector shall order the work to be done by City employees or by a Contractor.

B. The total cost and expense of the work done, including any administrative fees, shall be paid by the property owner. Failure to pay shall result in the cost being assessed against the property for collection in the same manner as a property tax.

6-20-5 NOTICE TO OWNERS Notice to the owner or person in control of lands within the city subject to the provision of this article shall be as follows: The City Manager or his/her designee shall cause to be published at least once per mowing season (preferably on or before April 15 of each year) in a newspaper of general circulation within the city a notice stating that work of cutting or destroying weeds, vines, brush or other growth is required to be done during the months of May through October, inclusive, and a statement that property owners have three (3) days, not including Saturdays, Sundays, holidays, within which such owners may cause the work to be done. Further, the notice shall state that failure to comply after publication of the notice will result in the work being done by the city, and the costs incurred by the city shall be assessed against the property in the manner provided by law. No further notice shall be required. In addition, this notice shall inform the property owner that he/she has the right to appeal that matter to the City Manager under Title 6, Chapter 20, Section 7.

The City may also issue courtesy reminders to property owners as additional notice.

(Ord. 902, Passed 8-3-98)
(Ord. 939, Passed 7-5-02))

6-20-6 BILLING Each owner shall be sent by first-class U.S. mail to the address noted on the tax rolls of the city a bill for the work performed informing the owner of the cost of such work and the council intent to assess the cost if not paid in ten (10) days to the city clerk. Any bill remaining unpaid after the ten (10) day period my be assessed against the property in the manner provided by law.

(Ord. 939, Passed 7-5-00)

6-20-7 APPEALS If the property owner objects to the Notice of Action required under this Ordinance or to a statement of costs, the objection shall be filed by the property owner with the City Clerk in writing within seven (7) days of the date of the Notice or Statement. The objection shall be heard by the City Manager or his/her Designee without unnecessary delay and the City Manager shall make a decision regarding the Notice or Statement and shall immediately notify the property owner of the decision in writing. Failure to appeal within the time specified constitutes a waiver of all rights to a hearing.

A property owner aggrieved by the decision by the City Manager or his/her Designee may appeal the decision to the City Council by making a request in writing that states the objection to the decision within seven (7) days of the date of the decision. The City Council shall hear the appeal at the next scheduled Council meeting and the City Council may uphold or modify or overrule the decision of the City Manager. An appeal from the decision of the Council must be filed in the District Court within ten (10) days of the date of the Council’s decision.

6-20-8 EMERGENCY If the Inspector determines that a clear and compelling emergency exists, the Inspector may cause the necessary maintenance required under this chapter to done immediately without prior notification to the property owner. Before the cost of the work can be assessed to the affected property, the property owner shall be notified as provided in this chapter and offered the opportunity to appeal as provided in this chapter.

6-20-9 VIOLATION-PENALTY

A. It shall be a violation of this Ordinance, and the conditions of owner’s property is hereby declared a public nuisance, if a property owner fails to do the action required to remedy a violation of the terms of this Ordinance as stated in the Notice under 6-20-5 of this Ordinance and has failed to state an objection to the Notice as provided 6-20-7.

B. A violation of this chapter shall constitute a simple misdemeanor and in addition, may be prosecuted as a municipal infraction.

6-20-10 SEVERABILITY CLAUSE If any of the provisions of this Ordinance are for any reason illegal or void, then the lawful provisions of this Ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions.

6-20-11 REPEALER All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

6-20-12 EFFECTIVE DATE This Ordinance shall be in full force and effective after its final passage and publication as by law provided.

(Ord. 858, passed 8-7-95)
(Ord. 939, Passed 7-5-02)

Chapter 19-Street Amortization

6-19-1 USEFUL LIFE
6-19-2 AMORTIZATION PERIOD

6-19-1 USEFUL LIFE That the useful life of the Summit Street Paving Project is hereby established to be ten (10) years.

6-19-2 AMORTIZATION PERIOD That the amortization period of ten (10) years shall commence on the date this Council finally accepted the Summit Street Paving Project by resolution passed on the 3rd day of December, 1979.

Chapter 17-Sale of Public Property

6-17-1 DISPOSAL OF PROPERTY

6-17-1 DISPOSAL OF PROPERTY A City may not dispose of an interest in real property by sale, lease for a term of more than three years, or gift, except in accordance with the following procedure:

1. The Council shall set forth its proposal in a resolution and shall publish notice as provided in Section 362.3, of the resolution and of a date, time and place of a public hearing on the proposal.

2. After the public hearing, the Council may make a final determination on the proposal by resolution.

3. A City may not dispose of real property by gift except to a governmental body for a public purpose. However, a City may dispose of real property for use in an Iowa homesteading program under Section 220.14 for a nominal consideration, including but not limited to property in an urban renewal area.

Chapter 16-Numbering Buildings

6-16-1 BUILDINGS TO BE NUMBERED
6-16-2 BASE LINE ESTABLISHED
6-16-3 NUMBERING
6-16-4 TYPE OF NUMBERS, SIZE
6-16-5 NUISANCE

6-16-1 BUILDINGS TO BE NUMBERED All buildings now or hereafter erected and fronting any street or avenue shall be numbered. The plan of numbering shall be, as far as practical, that known as the Philadelphia Plan. The owners or lessees shall cause the numbers to be placed and maintained on their property. This ordinance shall apply to mobile homes whether located in a mobile home court or not.

6-16-2 BASE LINE ESTABLISHED Main Street and Platt Street shall constitute the base line from which the numbering of buildings from either side thereof shall commence.

6-16-3 NUMBERING The odd numbers shall be on the south side of all streets running east and west, and on the east side of all streets running north and south. The even numbers shall be on the north side of all streets running east and west and on the west side of all streets running north and south. The numbers of buildings shall alternate from side to side.

Commencing at the base line, streets defined in this Chapter all numbers south of Platt Street shall be known and designated by the prefix “south”, and all numbers north of Platt Street shall be known and designated by the prefix “north”. All numbers east of Main Street shall be known and designated by the prefix “east” and all numbers west of Main Street shall be known and designated by the prefix “west”.

Where the streets intersecting on opposite sides of the street are not the same, the numbers shall run on each side in sequence to a street intersecting on the side being numbered.

Where locations are indicated by number above the ground floor, within the designated area, the additional number of one-half (½) shall be added to the last number.

In all sections or portions of the City not included in the previous Section, the numbers
shall be for each forty feet (40′) of linear frontage.

In case there is doubt as to the proper number of any building or lot under this Chapter,
the Council, by request, shall decide the same.

6-16-4 TYPE OF NUMBERS, SIZE The numbers shall be painted conspicuously on pieces of tin or metal not less than two and one-half inches (2 ½”) high by one and one-half inches (1 ½”) wide and shall be nailed to the first story front of all buildings, or the numbers my be painted on the front of the building, door, post, transom, or other place on the premises where the same will be easily seen.

6-16-5 NUISANCE The failure by an owner or lessee to place or maintain numbers on their property is hereby declared to be a nuisance.

The nuisance shall be abated in the manner provided for the Section 3-2 of this Code.

Chapter 15-Naming Streets

6-15-1 NORTH AND SOUTH
6-15-2 EAST AND WEST

6-15-1 NORTH AND SOUTH Other than the exception as stated, the names of all streets hereinafter listed running north and south, shall be known as named and designated herein and shall be considered as prefixed by the word “north” as to such part thereof being north of Platt Street, and as prefixed by the word “south” as to such part thereof being south of Platt street.

1. The street running north and south between blocks 18 and 19 of the original City lying on the east side of said street, and blocks 25 and 26 of the original City and block 3 of Shaw’s Addition to the City on the west side thereof of said street, and extending to the north and south Corporate Lines of the City, shall be known and designated as Main Street.

2. The street east of and parallel with Main Street shall be known and designated as Olive Street.

3. The street east of the parallel with Olive Street shall be known and designated as Eliza Street.

4. The street east of and parallel with Eliza Street shall be known and designated as Otto Street.

5. The street east of and parallel with Otto Street shall be known and designated as Matteson Avenue.

6. The street east of and parallel with Matteson Avenue shall be known and designated as Clark Street.

7. The street east of and parallel with Clark Street shall be known and designated as Dearborn Street.

8. The street east of and parallel with Dearborn Street shall be known and designated as Walnut Street.

9. The street east of and parallel with Walnut Street shall be known and designated as Edna Street.

10. The street east of and parallel with Edna Street shall be known and designated as Anderson street.

11. The street in Meadowdale Second Addition south of and parallel with Pershing Road shall be known as and designated as Lisa Drive and shall not be prefixed.

12. The street east of and parallel with Main, south of Jefferson Street in Stephens Addition to the City shall be known and designated as Brace Street, and shall not be prefixed.

13. The street east of and parallel with Brace Street, south of Jefferson Street in Stephens Addition to the City shall be known and designated as Allen Street, and shall not be prefixed.

14. The street west of and parallel with Main Street shall be known and designated as Second Street.

15. The street west of and parallel with Second Street shall be known and designated as Niagara Street.

16. The street west of and parallel with Niagara Street and lying south of Platt Street shall be known and designated as Fourth Street, and that lying north of Plat Street shall be known and designated as Decker Street.

17. The street west of and parallel with Fourth Street, being located between Pleasant Street and Locust Street, shall be known and designated as Austin Avenue and shall not be prefixed.

18. The street west of and parallel with Austin Avenue shall be known and designated as Fifth Street.

19. The street west of and parallel with Fifth Street shall be known and designated as Prospect Street.

20. The street west of and parallel with Prospect Street shall be known and
designated as Vermont Street.

21. The street west of and parallel with Vermont Street and north of Platt Street shall be known and designated as Arcade Street.

22. The streets in Green Acres Subdivision of out lot 54 in the City said subdivision being duly accepted by the City and plat thereof being recorded in Book 42, Page 279, office of the Recorder of Jackson County, being located on aid plat and being named Jones Avenue, Thomas Avenue, and Center Street, shall be known and designated, and shall not be prefixed.

23. The street west of and parallel with Thomas Avenue and south of Platt Street shall be known and designated as Western Avenue, and shall not be prefixed.
(Ord. 354, 9-61).

24. The street running north from the east end of East Summit Street to East Platt Street shall be known and designated as Jacobsen Drive, and shall not be prefixed.
(Ord. 451, 1-8-73)

25. The street west of and parallel with Highway No. 61 and formerly along the west corporate line of the City of Maquoketa, extending from the south line of West Summit Street to the south corporate line of the City of Maquoketa shall be known and designated as Myatt Drive, and shall not be prefixed.
(Ord. 494, 1-19-76)

26. The street connected to, but also the street east of and parallel with, Cynthia Drive shall be known as Cardinal Drive and shall not be prefixed.

27. The street in Golf Point Subdivision to the City, said subdivision being duly accepted by the City and a Plat thereof being recorded in Book l-E Page 31, office of the Recorder of Jackson County, being located on said Plat, and being named Blair Court.

28. The street east of and parallel with McKinsey Drive extending from the north line of West Platt Street (Iowa Highway 64) to the south line of German Street in the Marken Addition shall be known and designated as Creslane and shall not be prefixed.

29. The streets in Rosemere Acres 1st Addition, Rosemere Acres 2nd Addition, and Rosemere Acres 3rd Addition to the City, said subdivisions being duly accepted by the City and the Plats thereof being recorded in Book 1-B Page 51, Book 1-C Page 37 and Book 1-D Page 25, office of the Recorder of Jackson County, being located on said Plat, and being named East Angus Court and West Angus Court, Rosemere Lane, West Farmland Drive, Battles Drive, and South Farmland.

30. The streets in Meadowdale 2nd Addition to the City, said subdivision being duly accepted by the City and the Plats thereof being recorded in Book I Page 69, office of the Recorder of Jackson County, being located on said Plat and being named Butternut Street and Lisa Drive.

31. The Street west of and parallel with Creslane between West Platt Street and German Street shall be known and designated as McKinsey Avenue.

32. The street south of East Summit Street that runs parallel with Allen Street and is located in the Industrial Park shall be known and designated as Birch Drive.
(Ord. 771, 11-18-91)

33. Commencing at the intersection of 17th Street and 211th Avenue, the portion of 211th Avenue that runs north of this intersection and meets with Timber Drive is hereby included as a part of Timber Drive. (Ord. 1037, 11-20-06)

6-15-2 EAST AND WEST Other than exceptions as stated, the names of all streets hereinafter listed running east and west, shall be known as named and designated herein and shall be considered as prefixed by the word “east” as to such part thereof being east of Main Street, and as prefixed by the word “west” as to such part thereof being west of Main Street.

1. The street running east and west between blocks 18 and 25 of the original City lying on the north side of said street, and block 19 of the original City and block 3 of Shaw’s Addition to the City, on the south side thereof, and extending to the east and west Corporate Lines of the City shall be known and designated as Platt Street.

2. The street north of and parallel with Platt Street between Decker Street and Main Street shall be known and designated as James Street, and shall not be prefixed.

3. The street north of and parallel with Platt Street between Fifth Street and Vermont Street shall be known and designated as Emma Court, and shall not be prefixed.

4. The street north of and parallel with James Street and Emma Court shall be known and designated as Quarry Street.

5. The street north of and parallel with Quarry Street between Fifth Street and Prospect Street shall be known and designated as Short Street and shall not be prefixed.

6. The street north of Quarry Street and Short Street and parallel with said street shall be known and designated as Apple Street.

7. The street north of and parallel with Apple Street shall be known and designated as Grove Street.

8. The street north of and parallel with Grove Street and being east of Main Street shall be known and designated as North Street and shall not be prefixed.

9. The street north of and parallel with North Street and being east of Main Street shall be known and designated as Pershing Street.

10. The street south of and parallel with Platt Street shall be known and designated as Pleasant Street.

11. The street south of and parallel with Pleasant Street between Prospect Street and Vermont Street, shall be known and designated as Dunham Court, and shall not be prefixed.
(Ord. 354, 9-61)

12. The street south of and parallel with Pleasant Street, and Dunham Court shall be known and designated as Maple Street.
(Ord. 451, 1-8-73)

13. The street south of and parallel with Maple Street shall be known and designated as Locust Street.

14. The street south of and parallel with Locust Street shall be known and designated as Judson Street.

15. The street south of and parallel with Judson Street between Fourth and Fifth Streets shall be known and designated as School Street, and shall not be prefixed.

16. The street south of and parallel with School Street, shall be known and designated as Summit Street.

17. The street south of and parallel with Summit Street, between Third and Fifth Streets, shall be known and designated as Washington Street, and shall not be prefixed.

18. The street south of and parallel with Washington Street shall be known and designated as Jefferson Street.

19. The street south of and parallel with Jefferson Street shall be known and designated as Monroe Street.

20. The streets in Longview lst Addition to the City and Longview 2nd Addition to the City, said subdivisions being duly accepted by the City and the plats thereof being recorded in Book 44, Page 53, and Book 97, Page 5, office of the Recorder of Jackson County, being located on said plat and being named Melrose Street, Niles Street, Vine Street, Longview Drive, and Grant Street, shall be so known and designated, and shall not be prefixed.
(Ord. 744; 2-4-91)

21. The street north of and parallel with Summit Street and lying west of Vermont Street shall be known and designated as Erie Street, and shall not be prefixed.

22. The street running north from Erie Street to Eddy Street shall be known and designated as Eddy Place, and shall not be prefixed.

23. The street running east from Jones Avenue to Vermont Street shall be known and designated as Eddy Street.
(Ord. 354, 9-61)

24. The street north of and parallel with West Platt Street extending from the east line of U.S. 61 Bypass to the east boundary of the Marken Addition and the street in Riverfront Addition running west from Arcade Street to north Jones Avenue shall be known and designated as German Street and shall not be prefixed.

25. The streets in Swagosa Hills Addition to the City, said subdivision being duly accepted by the City and a plat thereof being recorded in Book 1B Page 136, office of the Recorder of Jackson County, being located on said plat, and being named Swagosa Drive, and Country Club Drive.

26. The street north of and parallel with West Summitt Street, between
Highway 61 and Western Avenue shall be known and designated as Wesley Drive.

27. The street in Sager’s 2nd Addition to the City, said subdivision being duly accepted by this City and a plat thereof being recorded in Book 1-A Page 231, office of the Recorder of Jackson County, being located on said plat and being named Milton Street and Cecilia Drive.

28. The street in Sho-Hollow Subdivision, said subdivision being duly accepted by the City and a plat thereof being recorded in Book 1-D Page 73, office of the Recorder of Jackson County, shall be named Circle Drive.

29. The streets in Hillside Addition to the City, said subdivision being duly accepted by the City and a plat thereof being recorded in Book l-E Page 32, office of the Recorder of Jackson County, being located on said plat and being named Swift Court and Okeeta Drive.

30. The street in the Meadowdale Third Addition south of and parallel to Pershing Road shall be known and designated as Lisa Drive and shall not be prefixed.

31. The street in the Meadowdale Third Addition east of and parallel to Butternut Street between East Grove and Lisa Drive shall be known and designated as Cynthia Drive and shall not be prefixed.

32. The street in the Meadowdale Third Addition between Cynthia Drive and Pershing Road shall be known and designated as Cardinal Drive and shall not be prefixed.

33. The street in the Meadowdale Third Addition east of Cardinal Drive shall be known as East Grove Street.

34. The street north of West Grove that runs parallel with West Grove Street shall be renamed from 5th Street Court to Shoreline Drive.
(Ord. No. 1041, 01-02-07)

Chapter 14-Trees

6-14-1 DEFINITIONS
6-14-2 CREATION AND ESTABLISHMENT OF A CITY TREE BOARD
6-14-3 TERM OF OFFICE
6-14-4 COMPENSATION
6-14-5 DUTIES AND RESPONSIBILITIES
6-14-6 OPERATION
6-14-7 STREET TREE SPECIES
6-14-8 SPACING
6-14-9 DISTANCE FROM CURB AND SIDEWALK
6-14-10 DISTANCE FROM STREET CORNERS AND FIREPLUGS
6-14-11 UTILITIES
6-14-12 PUBLIC TREE CARE
6-14-13 TREE TOPPING
6-14-14 PRUNING, CORNER CLEARANCE
6-14-15 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY
6-14-16 REMOVAL OF STUMPS
6-14-17 INTERFERENCE WITH CITY TREE BOARD
6-14-18 LICENSE FEE AND INSURANCE REQUIREMENTS
6-14-19 REVIEW BY CITY COUNCIL
6-14-20 PENALTY

6-14-1 DEFINITIONS

1. Street trees “Street trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City.

2. Park trees “Park trees” are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City or to which the public has free access as a park.

6-14-2 CREATION AND ESTABLISHMENT OF A CITY TREE BOARD There is hereby created and established a City Tree Board for the City of Maquoketa, Iowa, which shall consist of five members, citizens and residents of this City, who shall be appointed by the Mayor with the approval of the Council.

6-14-3 TERM OF OFFICE The term of the five persons to be appointed by the Mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of the term.

6-14-4 COMPENSATION Members of the Board shall serve without compensation.

6-14-5 DUTIES AND RESPONSIBILITIES It shall be the responsibility of the Board to study, investigate, counsel and develop and/or annually administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of Maquoketa, Iowa. The Board, when requested by the City, shall consider, investigate, make finding, report, and recommend upon any special matter of question coming within the scope of its work. Variations from Section 7,8, and 9 of this ordinance may be made on an individual basis by action of the City Tree Board.

6-14-6 OPERATION The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

6-14-7 STREET TREE SPECIES The following list constitutes the Official Street Tree species for Maquoketa, Iowa. No species other than those included in this list may be planted as Street Trees without written permission of the City Tree Board.

Small Trees: Crabapple
Flowering Pear
Bradford Redbud

Medium Trees: Ash
Hackberry
Honeylocust (thornless)
Linden
Oak
Maple

Large Trees: Maple
Sugar Oak
Burr

6-14-8 SPACING The spacing of Street Trees will be in accordance with the tree species size classes listed in Section 7 of this ordinance, and no trees may be planted closer together than the following: Small Trees, 30 feet; Medium Trees, 40 feet; Large Trees, 60 feet; except in special plantings designed or approved by a landscape architect.

6-14-9 DISTANCE FROM CURB AND SIDEWALK No trees may be planted closer to any curb than ten feet (10′) without the approval of the City Tree Board and completion of application being filled out by property owner and Iowa One Call finished. This section shall not apply to the Central Business District as defined in Section 6-7-1 of this Code.

No tree shall be planted within the City’s right-of-way, unless such tree is planted to replace a tree that has been removed within the last two years and unless advance approval is given by the Tree Board. The Tree Board shall meet during the months of March and August of each year or as necessary and shall review applications to plant such trees in the City right-of-way.

(Ord. 955 8-6-01)

6-14-10 DISTANCE FROM STREET CORNERS AND FIREPLUGS No Street Tree shall be planted closer than thirty-five feet (35′) of any street corner, measured from the point of nearest intersection curbs or curb lines. No Street Tree shall be planted closer than 10 feet of any fireplug.

6-14-11 UTILITIES No Street Trees other than those species listed as Small Trees in Section 7 of this Ordinance may be planted under or within ten lateral feet (10′) of any overhead utility wire, or over, or within five lateral feet (5′) of any underground water line, sewer, transmission line or other utility.

6-14-12 PUBLIC TREE CARE The City and the Maquoketa Municipal Electric Utility shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

The City Tree Board may remove or cause or order to be removed, any tree or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest This Section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 7 through 11 of this ordinance.

6-14-13 TREE TOPPING It shall be unlawful as a normal practice for any person, firm, or city department to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches (3″) in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. The tree trimming and tree topping conducted by the Employees of the Maquoketa Municipal Electric Utility shall be exempt from this section.

6-14-14 PRUNING, CORNER CLEARANCE Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8′) above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.

6-14-15 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects of disease which constitute a potential threat to other trees within the City. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.

6-14-16 REMOVAL OF STUMPS All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

6-14-17 INTERFERENCE WITH CITY TREE BOARD It shall be unlawful for any person to prevent, deny or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this ordinance.

6-14-18 LICENSE FEE AND INSURANCE REQUIREMENTS It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City without first applying for and procuring a license.
The license fee shall be seventy-five dollars ($75.00) annually in advance.
No license shall be required of:

1. Any public service company, or City employee, doing such work in the pursuit of their public service endeavors.

2. Any person with reference to tree or trees on his/her own premises.

3. Any individual performing labor or services on or in connection with trees at the direction and under the personal supervision of a licensed tree trimmer while in the performance of such function.

4. Any public utility, including its authorized employees and agents, when engaged in the tree trimming and/or tree removal for the purpose of line clearance, and in order to insure the continuity of utility service to the public.

Before any license shall be issued, each application shall first file evidence of possession of liability insurance with an insurance company of good standing and authorized to do business in the State of Iowa, in the minimum amounts as follows:

General Aggregate $1,000,000
Products and Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage (any one fire) $50,000
Medical Expense( any one person) $5,000
(Ord 856, 04-17-95)
(Ord. 861, 11-20-95)
(Ord. No. 958 10-15-01)

REVIEW BY CITY COUNCIL The City Council shall have the right to review the conduct, acts, and decisions of the City Tree Board. Any person may appeal from any ruling, or order of the City Tree Board to the City Council who may hear the matter and make final decision.

6-14-20 PENALTY Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed one hundred thousand dollars ($100,000).