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Code of Ordinances Amendment_Title 6 Fire Chief Correction of WordingMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Code Change DATE: November 20, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 Sterling Codifiers, Inc. recently pointed out that sections of the City of Dubuque Code of Ordinances were not updated to reflect a change from "Chief of the Fire Department" to "Fire Chief." Fire Chief Dan Brown recommends City Council approval of this change to provide consistency throughout the Code of Ordinances. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager E. Daniel Brown, Fire Chief Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief DATE: November 20, 2013 SUBJECT: City Code Change INTRODUCTION The attached changes to the City Code will provide for consistency throughout the code. DISCUSSION Sterling Codifiers Inc. recently pointed out that these sections were not updated. The change is from "Chief of the Fire Department" to "Fire Chief ". This will provide for consistency throughout the code. RECOMMENDATION I recommend that the Mayor and City Council adopt the attached ordinance as prepared by Crenna M. Brumwell Esq. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 54 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 7 HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS, SECTION 6 -7 -3 CLEANUP REQUIRED; AND TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 2 FIRE DEPARTMENT, SECTION 7 -2 -2 SERVICE CHARGES AND SECTION 7 -2 -3 STANDBY SERVICE BY CHANGING ALL REFERENCES OF "CHIEF OF THE FIRE DEPARTMENT" TO "FIRE CHIEF" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6 -7 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6 -7 -3: CLEANUP REQUIRED: B. Failure To Perform Cleanup: If the person having control over the hazardous substance or hazardous waste does not cause the cleanup to begin as required in subsection A of this section, the fire chief or the fire chief's representative may establish a deadline for commencing and accomplishing the cleanup, and if the person having control fails to comply therewith, the city may proceed to procure cleanup services. The city may seek any state or federal funds available for such cleanup. Section 2. Section 7 -2 -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 7 -2 -2: SERVICE CHARGES: Persons requesting assistance for the following services from the fire department shall pay a fee as established by the fire chief: Section 3. Section 7 -2 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 7 -2 -3: STANDBY SERVICE: A. Whenever fire equipment and fire personnel are requested to stand by, there shall be a standby fee set by the fire chief paid to the city by the person requesting the service. Section 4. This Ordinance takes effect upon publication. Passed, approved, and adopted the 2nd day of December, 2013. Roy D. BuolTlayor Attest: Kevin . Firnstahl, City erk EFFECT OF AMENDMENT 6 -7 -3: CLEANUP REQUIRED: B. Failure To Perform Cleanup: If the person having control over the hazardous substance or hazardous waste does not cause the cleanup to begin as required in I subsection A of this section, the fire chief of the fire department or the fire chiefs representative may establish a deadline for commencing and accomplishing the cleanup, and if the person having control fails to comply therewith, the city may proceed to procure cleanup services. The city may seek any state or federal funds available for such cleanup. 7 -2 -2: SERVICE CHARGES: Persons requesting assistance for the following services from the fire department shall I pay a fee as established by the fire chief of the fire department: 7 -2 -3: STANDBY SERVICE: A. Whenever fire equipment and fire personnel are requested to stand by, there I shall be a standby fee set by the fire chief of the fire department paid to the city by the person requesting the service. OFFICIAL PUBLICATION ORDINANCE NO. 54-13 AMENDING :CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, - HOUSING, SANITATION AND EN- VIRONMENT, CHAP- TER 7 HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS, SECTION - 6-7 -3 CLEANUP REQUIRED; AND TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 2 FIRE DEPARTMENT, SECTION 7 -2 -2 SERV- ICE CHARGES AND SECTION 7 -2 -3 STANDBY SERVICE BY CHANGING ALL REFERENCES OF "CHIEF OF THE FIRE DEPARTMENT" TO "FIRE CHIEF" NOW, THEREFORE, BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 6 -7- 3 of the City of Dubu- que Code of Ordinan- ces is amended to read as follows: 6 -7 -3: CLEANUP RE- QUIRED: B. Failure To Perform Cleanup: If the person having control over the hazardous substance or hazardous waste does Rat cause the cleanup to begin as re- quired in. subsection A of this section, the fire chief or the fire chief's representative may es- tablish a deadline for commencing and ac- complishing the clean- up, and if the person having control fails to comply therewith, the city may proceed to procure cleanup serv- ices. The city may seek any state or federal funds available for such cleanup. Section 2. Section 7 -2- 2 of the City of Dubu- que Code of Ordinan- ces is amended to read as follows_ 7 -2 -2 SERVICE CHARGES: Persons requesting assistance for the fol- lowing services from the fire department shall pay a fee as es- tablished by the fire chief: Section 3. Section 7 -2- 3 of the City of Dubu- que Code of Ordinan- ces is amended to read as follows: 7 -2 -3: STANDBY SERV- ICE: A. Whenever fire equipment and fire personnel are request - ed to stand by, there shall be, a standby fee set by the fire chief paid to the city by the person requesting the service. Section 4. This Ordi- nance takes effect . upon publication. Passed, approved, and adopted the 2nd day of December, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald - newspaper on the 6th day of December, 2013. /s /Kevin S. Firnstahl, City Clerk. 1t 12/6 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 6, 2013, and for which the charge is $23.87. 4,6,4., Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ‘- day of A.e4/ , 20 /3 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Exp. FEB. 1, 2017