Code of Ordinances Amendment_Title 6_Procedural Correction for Public NuisancesMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Procedural Correction for Public Nuisance Ordinance
DATE: November 26, 2013
Dubuque
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AI- America City
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2007 • 2012 • 2013
During a recent review of the Public Nuisance Ordinance, it was realized that a change
made in the City Code in 2007 seemingly limits the City's ability to resolve public
nuisances by way of a hearing in front of the City Council. The change was not
intended to limit the City's resolutions, but to add the option for a hearing in front of the
City Council.
Assistant City Attorney Crenna Brumwell recommends City Council approval of a
procedural correction to the Public Nuisance Ordinance that provides the City may
pursue a hearing in front of the City Council or a municipal infraction in the Iowa District
Court for Dubuque County.
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
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: November 13, 2013
euvwett/tAasz
RE: Procedural Correction for Public Nuisance Ordinance
During a recent review of our public nuisance ordinance I realized that a change made
to the City Code in 2007 seemingly limits our ability to resolve public nuisances by way
of a hearing in front of the City Council. The change was not intended to limit our
resolutions, but to add the option for a hearing in front of the City Council.
The attached ordinance correctly provides that the City may pursue a hearing in front of
the City Council or a municipal infraction in the Iowa District Court for Dubuque County.
I would ask that the ordinance be reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions. Thank you.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 53 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION
6 -4 -4 PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE BY ALLOWING
ISSUANCE OF A MUNICIPAL INFRACTION FOR THE CREATION, MAINTENANCE,
OR CONTINUATION OF A PUBLIC NUISANCE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -4 -4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -4 -4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE:
A. Nuisances Prohibited: The creation, maintenance, or continuation of a public
nuisance is hereby declared unlawful and is prohibited.
B. Declaration Of Nuisance; Hearing; Abatement: Upon application of the city
manager for a declaration of a nuisance, the city council, after notice to the property
owner of the grounds therefor, shall hold a hearing on the application as provided in title
1, chapter 9 of this code. Upon declaration of a nuisance, the city council may direct the
city manager to abate or cause to be abated public nuisances in any manner authorized
by law.
C. Nothing herein shall be interpreted to prevent the City from issuing a municipal
infraction as allowed under Iowa Code §364.22 and section 1 -4 -2 of this code.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day of December, 2013.
Roy D. B Mayor
Attest:
Kevin.S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
6 -4 -4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE:
A. Nuisances Prohibited: The creation, maintenance, or continuation of a public
nuisance is hereby declared unlawful and is prohibited.
B. Declaration Of Nuisance; Hearing; Abatement: Upon application of the city
manager for a declaration of a nuisance, the city council, after notice to the property
owner of the grounds therefor, shall hold a hearing on the application as provided in title
1, chapter 9 of this code. Upon declaration of a nuisance, the city council may direct the
city manager to abate or cause to be abated public nuisances in any manner authorized
by law.
C. Nothing herein shall be interpreted to prevent the City from issuing a municipal
infraction as allowed under Iowa Code §364.22 and section 1 -4 -2 of this code.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)
OFFICIAL
PUBLICATION
ORDINANCE NO. 53-13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH, HOUSING,
SANITATION AND EN- _
VIRONMENT, CHAP-
TER .4 NUISANCES,
SECTION 6-4-4 PUB-
LIC NUISANCES PRO-
HIBITED; AUTHORITY
TO ABATE BY AL-
LOWING ISSUANCE
OF A MUNICIPAL IN-
FRACTION
FOR THE
CREATION, MAINTE-
NANCE, OR CONTINU-
ATION OF A PUBLIC
NUISANCE
NOW, THEREFORE, . -
B E IT ORDAINED BY -
THE CITY COUNCIL
OF THE CITY OF DU-
B UQUE, IOWA:
Section 1. Section 6 -4-
4 of the City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:
6 -4 -4: PUBLIC NUI-
SANCES, PROHIBITED;
AUTHORITY TO ABATE:
A. Nuisances Prohibit-
ed: The creation, main-
tenance, or continua-
tion of a public nui-
sance is hereby de-
clared unlawful and is
prohibited.
B. Declaration Of Nui-
sance; Hearing; Abate-
ment: Upon application
of the city manager for
a declaration of a nui-
sance, the city council,
after notice to the
property owner of the .
grounds therefor, shall
hold a hearing on the
application as provided
in title 1, chapter 9 of
this code. Upon decla-
ration of a nuisance,
the city council may di-
rect the city manager
to abate or cause to be
abated public nuisan-
ces in any manner au-
thorized by law.
C. Nothing herein
shall be interpreted to
prevent the City from -
issuing a municipal in-
fraction as allowed un-
der Iowa Code §364.22
and section 1 -4 -2 of
this code.
Section 2. 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
lt 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 $18.27.
.,„Pafe
Subscribed to before me, . otary Public in and for Dubuque County, Iowa,
this 6a day of
,20 /3 .
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017