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Ordinance #493 & #494 Passed - Increasing Water and Sewer Rates and Landfill Fee

PUBLIC NOTICE

City of Fayette

Ordinance #493

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTE, IOWA, BY REPEALING AND AMENDING SECTIONS 92.02 OF WATER RATES AND 99.02 OF SEWER SERVICE CHARGES UNDER CHAPTERS 92 AND 99.

BE IT ENACTED By the City Council of the City of Fayette, Iowa:

               SECTION 1. SECTION   MODIFIED. Section 92.02 of the Code of Ordinances of the City of Fayette, Iowa, is repealed and the following adopted in lieu thereof:

               92.02 RATES FOR SERVICE. Water service shall be furnished as the following quarterly rates within the City:

Cubic Feet Used Per Quarter                   Rate

First 500 cubic feet                                 $38.77 (minimum bill)

Next 1,000 cubic feet                              $44.02 per 1,000 cubic feet

Next 1,000 cubic feet                              $41.47 per 1,000 cubic feet

Next 2,000 cubic feet                              $38.92 per 1,000 cubic feet

All over 4,500 cubic feet                          $49.12 per 1,000 cubic feet

All such rates shall automatically increase 2% per year on June 1st, unless changed by resolution of council.

SECTION 2. SECTION   MODIFIED. Section 99.02 of the Code of Ordinances of the City of Fayette, Iowa, is repealed and the following adopted in lieu thereof:

               99.02 RATE. Each customer shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system based upon the amount and rate of water consumed as determined by water meter readings:

  1. First 500 cubic feet or lesser amount per quarter at $60.28 (minimum bill).
  2. All over 500 cubic feet per quarter at $84.26 per 1,000 cubic feet.

              All such rates shall automatically increase 2% per year on June 1st, unless changed by resolution of council.

              In no case shall the minimum service charge be less than $60.28 per quarter, which is necessary to retire the indebtedness, operating and maintenance, and reserve necessary for maintaining the sanitary sewer facility.

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 September 1, 2017 until further modified and after its final passage, approval and publication as provided by law.

Passed and approved by the Fayette City Council this 19th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: May 15, 2017.

Second reading of Ordinance Amendment: June 5, 2017.

Third reading of Ordinance Amendment: June 19, 2017.

Publication date: June 28, 2017.

Effective date: September 1, 2017.

PUBLIC NOTICE

City of Fayette

Ordinance #494

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTE, IOWA, BY REPEALING AND AMENDING SECTION 106.09 OF LANDFILL FEE UNDER CHAPTER 106.

BE IT ENACTED By the City Council of the City of Fayette, Iowa:

SECTION 1. SECTION   MODIFIED. Section 106.09 of the Code of Ordinances of the City of Fayette, Iowa, is repealed and the following adopted in lieu thereof:

106.09 FEES. Quarterly fees for recycling, landfill fees and surcharge fees shall be levied and collected in accordance with the following:

  1. For each single-occupied dwelling unit:
    1. Recycling ……..$ 5.40
    2. Landfill ………..$ 11.25
    3. Surcharge …..$   3.00

Total …………..$ 19.70

  1. For each commercial business, church and nonprofit service organization:
    1. Recycling ……..$   5.40
    2. Landfill ……....$ 11.25
    3. Surcharge …….$   3.00

Total …………..$ 19.70

  1. Residents of Maple Crest Manor and Upper Iowa University shall be charged per resident for recycling, landfill and surcharge.
  2. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04 of this Code of Ordinances. Services may be discontinued in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.

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 July 1, 2017 until further modified and after its final passage, approval and publication as provided by law.

Passed and approved by the Fayette City Council this 19th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: May 15, 2017.

Second reading of Ordinance Amendment: June 5, 2017.

Third reading of Ordinance Amendment: June 19, 2017.

Publication date: June 28, 2017.

Effective date: July 1, 2017.

Ordinance #495 & #496 Passed - Grass, Weeds, Vines & Brush Chapter

PUBLIC NOTICE

City of Fayette

ORDINANCE NO. 495

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTE, IOWA, BY ADDING REGULATIONS FOR A GRASS, WEEDS, VINES AND BRUSH CODE.

BE IT ENACTED by the City Council of the City of Fayette, Iowa, as follows:

That the Code of Ordinances of the City of Fayette, Iowa, is hereby amended by adding thereto as Chapter 52, the following:

CHAPTER 52

GRASS, WEEDS, VINES AND BRUSH

52.01          Purpose                                                                                                            52.05      Notice to owners

52.02          Definitions                                                                                                        52.06      Appeals

52.03          Maintenance of boulevard, residential and commercial property           52.07      Failure to comply

52.04          Exemptions                                           

52.01     PURPOSE. The purpose of this chapter is to require owners of residential and commercial property to cut their grass, weeds, vines and brush when it exceeds approximately eight inches in height or which are obnoxious or unsightly.

52.02     DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. “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 streets to the lot or property.

2.   “Commercial Property” means a property located in an area occupied by a business or where commercial activity or enterprise customarily engaged in as a means of livelihood or occupation, usually although not necessarily with intention of producing gain or profit.

3.   “Residential Property” means a property located in an area occupied by residential dwellings included but not limited to houses and apartments and any property within 200 feet of a dwelling.

52.03     MAINTENANCE OF BOULEVARD, RESIDENTIAL AND COMMERCIAL PROPERTY. All owners of residential or commercial property shall maintain their property and the abutting boulevard by cutting or destroying all grasses, weeds, vines and brush when the growth exceeds approximately eight inches in height or which are obnoxious or unsightly.

52.04     EXEMPTIONS. The following areas are exempt from the requirements of 52.03:

            (A)       Property parcel that is ten acres or larger unless the parcel is commercially or industrially developed;

            (B)       Agricultural land;

            (C)       Garden plants, orchards, vineyards, farm crops;

            (D)       Arboretums, city recognized areas for the growth of native grass, flower prairie, prairie grass or similar growth, provided that the owner has been granted an exemption by resolution of the Council, maintains the area free of weeds and there is no safety, health or fire hazard created by permitting the growth; and

            (E)       Hillsides exceeding a two to one slope unless the growth creates a public health, safety or fire hazard.

52.05     NOTICE TO OWNERS.

            (A)       For the first violation of this chapter in each calendar year on a parcel of property, the Public Works Director, Police Chief or designee shall notify the property owner by certified U.S. mail, return receipt requested, or served by personal service of a Sworn Law Enforcement Official that a condition that violates the terms of this chapter exists and shall notify the property owner of the actions that must be performed to correct the condition and the notice shall state that the condition shall be corrected within five days from the date that the notice is received, returned to the city unclaimed or personally served.

            (B)       For subsequent violations on the same parcel of property owned by the same person in the same calendar year a written notice will not be sent. For subsequent violations, the Public Works Director, Police Chief or designee shall verify the violation exists and that the parcel of property is still owned by the same person to whom the first notice was sent. If a subsequent violation exists, the Public Works Director, Police Chief or designee shall order the work done by city employees or by a contractor.

            (C)       The City Administrator/Clerk shall publish in the local newspaper prior to May 1 of each year a notice advising the public that city ordinance requires the cutting of grasses, weeds, vines and brush exceeding eight inches in height and notice of violation will be mailed only once a year for each property. Subsequent violations will not receive a written notice.

52.06     APPEALS. If the property owner objects to the notice of action required under this chapter, the objection shall be filed by the property owner with the City Administrator/Clerk’s office in writing within five days of the date of the notice. The objection shall be heard by the Public Works Director, Police Chief or designee without unnecessary delay and the Public Works Director, Police Chief or designee shall make a decision regarding the notice 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.

52.07     FAILURE TO COMPLY. If the property owner fails to maintain the property as required under this chapter after notice is given as provided in this chapter, the Public Works Director, Police Chief or designee shall order the work to be done by city employees or by a contractor. The total cost of the 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.

REPEALER.   All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

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.

WHEN   EFFECTIVE.   This Ordinance shall be in effect upon its passage, approval and publication as provided by law.

Passed by the Council this 5th day of June, 2017, and approved this 5th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: June 5, 2017.

Second and Third readings of Ordinance Amendment: Waived on June 5, 2017.

Anticipated Publication date: June 14, 2017.

Effective date: June 15, 2017.

 

ORDINANCE NO. 496

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTE, IOWA, BY REPEALING AND AMENDING SECTION 50.02 (10) OF NUISANCE ABATEMENT PROCEDURE UNDER CHAPTER 50.

BE IT ENACTED By the City Council of the City of Fayette, Iowa:

SECTION 1. SECTION   MODIFIED. Section 50.02 (10) of the Code of Ordinances of the City of Fayette, Iowa, is repealed and the following adopted in lieu thereof:

50.02

10. Weeds, Brush. Dense growth of all weeds, vines, brush, grass, other botanical growth or other similar vegetation in the City which constitute a health, safety or fire hazard or which are obnoxious or unsightly. (See also Chapter 52)

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 upon its passage, approval and publication as provided by law.

Passed by the Council this 5th day of June, 2017, and approved this 5th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: June 5, 2017.

Second and Third readings of Ordinance Amendment: Waived on June 5, 2017.

Anticipated Publication date: June 14, 2017.

Effective date: June 15, 2017.

 

RESOLUTION #2017-13  

A RESOLUTION OF FINDING LONG GRASS AND WEEDS GREATER THAN 8 INCHES ARE CONSIDERED OBNOXIOUS AND A NUISANCE TO THE PUBLIC.

WHEREAS, the City Council of the City of Fayette, Iowa, is committed to the orderly maintenance of property; and

WHEREAS, the citizens desire a uniform standard regarding what is an acceptable maintenance standard for lawns; and

WHEREAS, as long grass, debris and unsightly weeds are obnoxious and a nuisance to the public in general;

THEREFORE, BE IT RESOLVED that:

  1. The City of Fayette considers grass and weeds longer than 8 inches in height and debris to be a nuisance and obnoxious to the public.
  2. The City of Fayette establishes the following rate for city actions taken to abate nuisances such as these:
  1. Mowing per lot $250 plus $50 per hour for each hour over the first hour spent on the mowing and cleaning of the property.
  2. Cleaning of debris shall be assessed at a rate of $100 per hour.

All resolutions, motions or orders or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval.

This resolution shall be in effect upon its passage and approval as provided by law.

Passed and approved by the City Council of the City of Fayette, Iowa this 5th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

June 5, 2017, Record of Roll Call Vote:

AYE - Kragnes, Larson, Nefzger, Tucker   ABSENT - Wulfekuhle

Register for Summer Co-Ed Sand Volleyball

2017 volleyball game flyer

    Register your team now for the Fayette Rec. Summer Co-Ed Sand Volleyball League by filling out the form (below) and submitting it to Fayette City Hall with your registration money ($50 per team).  The league will be on Thursday nights starting May 25th through August 3rd. For more information contact Wade at This email address is being protected from spambots. You need JavaScript enabled to view it. or at DT's 563-425-4351.

 

Summer Volleyball Registration Form  

Fayette Spring Clean-Up Day May 24th, 2017

PUBLIC NOTICE

CITY OF FAYETTE

City Spring Clean-up Day for landfill items will be Wednesday, May 24th, 2017. Citizens must pay the cost that the Fayette County Transfer Station charges the city. A list of landfill fees for items needing to be picked up is posted at City Hall, the Post Office, the Bank and on the City of Fayette’s website - below. Citizens should call 563-425-4316 or come by City Hall before Friday, May 19th, to notify the Clerk of any items needing to be picked up and to pay the required transfer station fees at City Hall.

The Public Works Department will only pick up items that the landfill will take, NOT cardboard, yard waste, liquids, toxic or hazardous waste, lead based paints, dead animals, etc.

Also, no garbage or trash that would be taken by the garbage haulers or that you can recycle.

Item - Description - Charge

Furniture - Sofa & Box Spring - $5.00

Furniture - Chair, Mattress, Table, Dresser - $4.00

Furniture - Toilet - $6.00

Appliances (must be clean) - Refrigerator, Freezer, Washer, Dryer, Water Heater, Microwave, Stove, Dishwasher, Dehumidifier, Air Conditioner, Humidifier - $8.00

Fluorescent - 4 Foot - $0.45

Tubes - 6 Foot - $0.60

Televisions/Computer Monitors - $15.00

Large Television - $25.00

Printer or Fax Machine - $5.00

Copier - $12.00 - $25.00

Tires - Car Tire - $3.00

Tires - Tire w/ Rim - $4.00

Tires - Light Truck Tire - $3.50

Tires - Light Truck Tire w/ Rim - $4.50

Tires - Large Truck Tire - $9.00 - $20.00

Tires - Tractor Tire (Depends on Size & Weight) - Starting at $25.00

 

Ordinance #492 Passed - Increasing Penalty & Fine Amounts

PUBLIC NOTICE

City of Fayette

Ordinance #492

AN ORDINANCE AMENDING FAYETTE CITY CODE CHAPTERS 62.12 AND 63.12 BY INCREASING THE PENALTY AND FINE AMOUNTS.

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

SECTION 1. SECTIONS   MODIFIED. Chapter 62, Section 12, of the Code of Ordinances of the City of Fayette, Iowa, is hereby amended by increasing the $75 and $50 fines per violation to $100. Chapter 63, Section 12, of the Code of Ordinances of the City of Fayette, Iowa, is hereby amended by increasing the fines from $75 to $100, $85 to $110, and $95 to $125. As amended, these sections shall read as follows:

62.12 PENALTIES. A violation of this chapter may be punishable as either a Uniform Traffic Offense with penalties as outlined in the State of Iowa Compendium of Scheduled Violations and Scheduled Fines or as a City of Fayette Municipal Infraction.

Municipals Infractions for Stop Sign, Expired Insurance, No Seat Belt, and all other violations in this chapter, fines shall be $100 per violation. Any violation associated with a crash or a criminal offense or any commercial vehicle is prohibited from a Municipal Infraction.

Municipal Infractions shall be due no later than 21 days from date of issuance. Should due date fall on a weekend day, fines shall be due the next working business day. Failure to pay the Municipal Infraction Citation will result in the offense written as a Uniform Traffic Offense using the State of Iowa Compendium of Scheduled Violations and Scheduled Fines including surcharge and court costs. Any offense not in the compendium shall be charged at $100 plus State of Iowa approved surcharge and court costs.

63.12   PENALTIES. A violation of this chapter may be punishable as either a Uniform Traffic Offense with penalties as outlined in the State of Iowa Compendium of Scheduled Violations and Scheduled Fines or as a City of Fayette Municipal Infraction.

Regardless of the Speed zone, the following Municipal Infraction penalties shall apply for the following speeds over the posted limit: 1-10mph - $100; 11-15mph - $110; 16-20 - $125. Any speed over 20mph, a violation associated with a crash or a criminal offense or any commercial vehicle is prohibited from a Municipal Infraction.

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 and approved by the Fayette City Council this 1st day of May, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: April 3, 2017.

Second reading of Ordinance Amendment: April 17, 2017.

Third reading of Ordinance Amendment: May 1, 2017.

Anticipated Publication date: May 10, 2017.

Effective date: May 11, 2017.

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