APPENDIX TO

MIDDLETOWN CODE OF ORDINANCES

 

 

USE AND MAINTENANCE OF THE CODE OF ORDINANCES

 

 

The following information is provided to assist in the use and proper maintenance of the Code of Ordinances.

 

 

DISTRIBUTION OF COPIES

 

  1. OFFICIAL COPY. The "OFFICIAL COPY" of the Code of Ordinances must be kept by the City Clerk and should be identified as the "OFFICIAL COPY".
  2. DISTRIBUTION. Other copies of the Code of Ordinances should be made available to all persons having a relatively frequent and continuing need to have access to ordinances which are in effect in the City as well as reference centers such as the City Library, County Law Library and perhaps the schools and news media.
  3. SALE. The sale or distribution of copies in a general fashion is not recommended as experience indicates indiscriminate distribution tends to result in outdated codes being used or misused.
  4. RECORD OF DISTRIBUTION. The City Clerk should be responsible for maintaining an accurate and current record of persons having a copy of the Code of Ordinances. Each official, elected or appointed, should return to the City, upon leaving office, all documents, records and other materials pertaining to the office, including the Code of Ordinances.

(Code of Iowa, Sec. 372.13(4))

 

 

NUMBERING OF ORDINANCES AMENDING THE CODE OF ORDINANCES

 

It is recommended a simple numerical sequence be used in assigning ordinance numbers to ordinances as they are passed. For example, if the ordinances adopting the Code of Ordinances was No. 163, we would suggest the first ordinance passed changing, adding to or deleting from the Code be assigned the number 164; the next ordinance be assigned the number 165, and so on. We advise against using the Code of Ordinances numbering system for the numbering of ordinances.

 

 

 

 

 

 

RETENTION OF AMENDING ORDINANCES

Please note that two books should be maintained: (1) the Code of Ordinances, and (2) an ordinance book. We will assist in the maintenance of the Codebook, per the Supplement Agreement, by revising and returning appropriate pages for the Code book as required to accommodate ordinances amending the Code. The City Clerk is responsible for maintaining the ordinance book and must be sure that an original copy of each ordinance adopted, bearing the signatures of the mayor and Clerk, is inserted in the ordinance book and preserved in a safe place.

 

 

SUPPLEMENT RECORD

 

A record of all supplements prepared for the Code of ordinances is provided in the APPENDIX of the Code. This record will indicate the number and date of the ordinances adopting the original Code and of each subsequently adopted ordinance which has been incorporated in the Code. For each supplemented ordinance, the Supplement Record will list the ordinance number date, topic, and chapter number of the Code affected by the amending ordinance. A periodic review of the Supplement Record and ordinances passed will assure that all ordinances amending the Code have been incorporated therein.

 

 

DISTRIBUTION OF SUPPLEMENTS

 

Supplements containing revised pages for insertion in each Code will be sent to the Clerk. It is the responsibility of the Clerk to see that each person having a Code of ordinances receives each supplement so that - each Code may be properly up-dated to reflect action of the Council in amending the Code.

 

 

AMENDING THE CODE OF ORDINANCES

 

The Code of ordinances contains most of the laws of the City as of the date of its adoption and is continually subject to amendment to reflect changing policies of the Council, mandates of the State, or decisions of the Courts. Amendments to the Code of ordinances can only be accomplished by the adoption of an ordinance.

(Code of Iowa, Sec. 380.2)

 

 

 

 

 

The following forms of ordinances are recommended for making amendments to the Code of Ordinances:

 

 

ADDITION OF NEW PROVISIONS

New material may require the addition of a new PARAGRAPH, SECTION or CHAPTER, as follows:

 

ORDINANCE NO.

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIDDLETOWN, IOWA, 20 , BY ADDING A NEW SECTION LIMITING PARKING TO THIRTY MINUTES ON PORTION OF SOUTH BOONE STREET.

 

BE IT ENACTED by the City Council of the City of Middletown, Iowa:

 

 

SECTION 1. NEW SECTION. The Code of Ordinances of the City of Middletown, Iowa, 20 is amended be adding a new Section in Title , Chapter , entitled PARKING LIMITED TO THIRTY MINUTES, which is hereby adopted to read as follows:

 

PARKING LIMITED TO THIRTY MINUTES. It is unlawful to park any vehicle for a continuous period of more than thirty (30) minutes between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m. on each day upon the following designated streets:

    1. South Boone Street, on the west side, from Forest Avenue to Mason Drive.

 

 

SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with provisions of this ordinance are hereby repealed.

 

 

SECTION 3. 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.

 

 

SECTION 4. WHEN EFFECTIVE. 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 , 20 , and approved this day of , 20 .

 

 

Mayor

 

 

ATTEST:

 

 

 

 

City Clerk

 

I certify the foregoing was published as Ordinance No. on the day of , 20 .

 

 

City Clerk

 

 

 

DELETION OF EXISTING PROVISIONS

 

Provisions may be removed from the Code of Ordinances by deleting PARAGRAPHS, SECTIONS, or CHAPTERS as follows:

 

 

 

ORDINANCE NO.

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIDDLETOWN, IOWA, 20 , BY REPEALING TITLE , CHAPTER , PERTAINING TO THE SPECIAL STOP REQUIRED ON LAKE BOULEVARD.

BE IT ENACTED by the City Council of the City of Middletown, Iowa:

 

SECTION 1. CHAPTER REPEALED. The Code of Ordinances of the City of Middletown, Iowa, 20 , is hereby amended by repealing Title , Chapter , which required vehicles traveling south of Lake Boulevard to stop at 2nd Place North.

 

 

SECTION 2. 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.

 

 

SECTION 3. WHEN EFFECTIVE. 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 , 20 , and approved this day of , 20 .

 

 

Mayor

 

 

ATTEST:

 

 

 

City Clerk

 

I certify that the foregoing was published as Ordinance No. on the day of , 20 .

 

 

City Clerk

 

 

MODIFICATION OR CHANGE OF EXISTING PROVISIONS

 

Existing provisions may be added to, partially deleted or changed as follow:

 

 

 

ORDINANCE NO.

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIDDLETOWN, IOWA, 20 , BY AMENDING PROVISIONS PERTAINING TO SEWER RENTAL RATES

BE IT ENACTED by the City Council of the City of Middletown, Iowa:

 

 

SECTION 1. SECTION MODIFIED. Title , Chapter , of the Code of Ordinances of the City of Middletown, Iowa, 20 , is repealed and the following adopted in lieu thereof.

 

RENTAL RATE. Each customer shall pay a sewer rental in the amount of 100 percent (100%) of the bill for water and water service attributable to the customer for the property served, but in no event less than ten dollars ($10) per month.

 

SECTION 2. 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.

 

 

SECTION 3. WHEN EFFECTIVE. 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 , 20 , and approved this day of , 20 .

 

 

 

Mayor

 

 

ATTEST:

 

 

 

City Clerk

 

I certify that the foregoing was published as Ordinance No. on the day of , 20 .

 

 

City Clerk

 

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 MIDDLETOWN, IOWA

BE IT ENACTED by the City Council of the City of Middletown, Iowa:

 

 

SECTION 1. The alley lying in Block Two (2), Railroad Addition to Middletown, 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 , 20 , and approved this day of , 20 , and approved this day of , 20 .

 

 

 

 

Mayor

 

 

ATTEST:

 

 

 

 

City Clerk

 

I certify that the foregoing was published as Ordinance No. on the day of

 

, 20 .

 

 

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 a written request for a Council hearing with the undersigned officer within said time limit.

 

The nuisance consists of (describe the nuisance and city 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 Middletown, Iowa

 

By:

(enforcement officer)

 

 

SUGGESTED FORM

 

 

DANGEROUS BUILDINGS

 

 

NOTICE OF HEARING

 

 

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 that the City Council of Middletown, Iowa, will meet on the day of , 20 , 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 Title , Chapter , of the Code of Ordinances of Middletown, 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 Middletown, Iowa

 

By:

(enforcement officer)

 

 

SUGGESTED FORM

 

 

DANGEROUS BUILDINGS

 

 

RESOLUTION AND ORDER

 

 

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

 

 

WHEREAS, notice has heretofore been served on the day of , 20 , on (property owner’s name), through (agent’s name or "none"), 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 , 20 .

 

 

 

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 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 cost will be assessed against you as provided by law.

 

 

Date of Notice:

 

City of Middletown, Iowa

 

By:

(enforcement officer)