TITLE I
GENERAL PROVISIONS
TITLE I GENERAL PROVISIONS
CHAPTER 1 GENERAL PROVISIONS
1-1-1 Definitions
1-1-2 Grammatical Interpretation
1-1-3 Prohibited Acts Include Causing, Permitting
1-1-4 Construction
1-1-5 Amendment
1-1-6 Severability
1-1-7 Catchlines, Titles, Headings and Notes
1-1-8 Amendments to Code, Effect of New Ordinances, Amendatory Language
1-1-1 DEFINITIONS. The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. “Building” means any man-made structure permanently affixed to the ground.
2. "City" means the City of Henderson, Iowa, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;
3. "Clerk" means Clerk-Treasurer.
4. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;
5. "Council" means the City Council of the City. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws of the state;
6. "County" means the County of Mills, Iowa;
7. “Delegation of Authority” means whenever a provision appears requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
8. "Fiscal Year" means July 1 to June 30.
9. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;
10. "May" confers a power;
11. "Month" means a calendar month;
12. "Must" states a requirement;
13. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";
14. "Or" may be read "and" and "and" may be read "or" if the sense requires it;
15. "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the form of a resolution;
16. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;
17. "Person” means natural person, any other legal entity, or the manager, lessee, agent, servant, officer, or employee of any of them;
18. "Personal property" includes money, goods, chattels, things in action and evidences of debt;
19. "Preceding" and "following" mean next before and next after, respectively;
20. "Property" includes real and personal property;
21. "Real property" includes any interest in land;
22. "Shall" imposes a duty;
23. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
24. "State" means the State of Iowa;
25. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;
26. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;
27. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;
28. "Writing” and “Written" include printed, typewritten, or electronically transmitted such as facsimile or electronic mail;
29. "Year" means a calendar year;
30. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;
31. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
1-1-2 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the City;
1. Gender. Any gender includes the other gender;
2. Singular and Plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.
1-1-3 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.
1-1-4 CONSTRUCTION. The provisions of this Code are to be construed with a view to affect its objects and to promote justice.
1-1-5 AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Henderson Municipal Code of 2014 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances.
(Code of Iowa, Sec. 380.2)
1-1-6 SEVERABILITY. If any section, provision or part of the City Code or any subsequent ordinance is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the City Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.
1-1-7 CATCHLINES, TITLES, HEADINGS AND NOTES. The catchlines of the several sections of this City Code printed in boldface type as well as the titles, headings, chapter heads, section and subsection heads or titles, editor’s notes, cross-references and State law references, unless set out in the body of the section itself, contained in this City Code, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section.
1-1-8 AMENDMENTS TO CITY CODE, EFFECT OF NEW ORDINANCES, AMENDATORY LANGUAGE.
1. All ordinances passed subsequent to this Code which amend, repeal or in any way affect this City Code may be numbered in accordance with the numbering system of this City Code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section, or subsection or any portion thereof, such repealed portions may be excluded from this City Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this City Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances.
2. Amendments to any of the provisions of this City Code may be made by amending such provisions by specific reference to the section or subsection number of this City Code in substantially the following language: “That section __________ of the Code of Ordinances, City of Henderson, Iowa is hereby amended to read as follows:…” The new provisions shall then be set out in full as desired.
3. In the event a new section not heretofore existing in this City Code is to be added, the following language may be used: “That the Code of ordinances, City of Henderson, Iowa, is hereby amended by adding a section, to be numbered __________, which said section reads as follows: …” The new section shall then be set out in full as desired.
TITLE I GENERAL PROVISIONS
CHAPTER 2 RIGHT OF ENTRY
1-2-1 Right of Entry
1-2-1 RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any Ordinance, or whenever there is reasonable cause to believe that there exists an Ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same and to perform any duty imposed upon such official by Ordinance; provided that, except in emergency situations, such official shall first give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hour written notice of the authorized official's intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
TITLE I GENERAL PROVISIONS
CHAPTER 3 PENALTY
1-3-1 General Penalty
1-3-2 Civil Penalty -Municipal Infraction
1-3-3 Scheduled Fines
1-3-1 GENERAL PENALTY. The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by the City Code or any Ordinance or Code herein adopted by reference, or the omission or failure to perform any act or duty required by this City Code or any Ordinance or Code or any Ordinance or Code herein adopted by reference is, unless another penalty is specified, punishable in accordance with Iowa Code Section 903.1(1)(a).
(Code of Iowa, Sec. 903.1(1)(a)
1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION.
(Code of Iowa, Sec. 364.22)
1. Definitions.
a. Municipal Infraction. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Henderson, or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Henderson, or any Ordinance or Code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.
b. Officer. The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Henderson.
c. Repeat offense. The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances.
2. Violations, Penalties, and Alternative Relief.
a. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code.
Schedule of Civil Penalties
First offense: Not more than seven hundred fifty dollars ($750.00).
Repeat Offense: Not more than one thousand dollars ($1,000.00)
(Amended 2010)
b. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
c. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.
3. Civil Citations
a. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.
b. The citation may be served by personal service, substituted service, or by certified mail, return receipt requested, or by publication as provided in the Iowa Rules of Civil Procedure.
c. The original of the citation shall be filed with the Clerk of the district court. If the infraction involves real property a copy of the citation shall be filed with the county treasurer.
d. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
(1) The name and address of the defendant.
(2) The name or description of the infraction attested to by the officer issuing the citation.
(3) The location and time of the infraction.
(4) The amount of civil penalty to be assessed or the alternative relief sought, or both.
(5) The manner, location, and time in which the penalty may be paid.
(6) The time and place of court appearance.
(7) The penalty for failure to appear in court.
(8) The legal description of the affected property, if applicable.
1-3-3 SCHEDULED FINES. The scheduled fine for a violation of any provision of the City Code shall be in accordance with State Code Chapter 805 unless another scheduled amount is provided in the City Code or Iowa Code.
TITLE I GENERAL PROVISIONS
CHAPTER 4 PROCEDURE FOR HEARINGS BY THE CITY COUNCIL
1-4-1 Purpose and Intent
1-4-2 General
1-4-3 Form of Notice of Hearing
1-4-4 Subpoenas
1-4-5 Conduct of Hearing
1-4-6 Method and Form of Decision
1-4-1 PURPOSE AND INTENT.
1. It is the purpose of this article to establish an orderly, efficient, and expeditious process for evidentiary hearings before the City Council.
2. The provisions of this article shall apply to a proceeding required by constitution, statute or Ordinance to be determined by the City Council after an opportunity for an evidentiary hearing.
1-4-2 GENERAL.
1. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council.
2. Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party.
3. Continuances. The City Council may grant continuances for good cause shown.
4. Oaths, Certification. The City Council or any member thereof has the power to administer oaths and affirmations.
5. Reasonable dispatch. The City Council and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
1-4-3 FORM OF NOTICE OF HEARING.
The notice to parties shall be substantially in the following form, but may include other information:
"You are hereby notified that an evidentiary hearing will be held before the Henderson City Council at _____________ on the ______ day of ____________, 20___, at the hour ____________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."
1-4-4 SUBPOENAS. Filing of affidavit. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the City Council or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in the witness's possession or under the witness's control. A subpoena need not be issued when the affidavit is defective in any particular.
1-4-5 CONDUCT OF HEARING.
1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
2. Oral evidence. Oral evidence shall be taken only on oath or affirmation.
3. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
4. Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
5. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
6. Rights of parties. Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence against the party; and
f. To self-representation or to be represented by anyone of the party's choice who is lawfully permitted to do so.
7. Official notice.
a. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the City or its departments and Ordinances of the City.
b. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
c. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council.
8. Inspection of the premises. The City Council may inspect any building or premises involved in the appeal during the course of the hearing, provided that:
a. Notice of such inspection shall be given to the parties before the inspection is made;
b. The parties are given an opportunity to be present during the inspection; and
c. The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.
1-4-6 METHOD AND FORM OF DECISION.
1. Hearings before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence or alternatively has not read or listened to the entire record of the proceedings shall vote on or take part in the decision. The City Council may designate a member or members to preside over the receipt of evidence. Such member or members shall prepare findings of fact for the City Council.
2. Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy
of the decision shall be delivered to the parties personally or sent to them by certified mail, postage prepaid, return receipt requested.
3. Effective date of decision. The effective date of the decision shall be stated therein.
TITLE I GENERAL PROVISIONS
CHAPTER 5 CORPORATE LIMITS
1-5-l CORPORATE LIMITS. The corporate limits of the City are described as follows:
Commencing at a point 283 feet north of the southeast comer of the Northwest Quarter (NW l/4) of the Northeast Quarter (NE 1/4) of section ten (10), township seventy-three (73) north, range forty (40) west of the 5th principal meridian, thence running west 326 feet, thence south 283 feet, thence west to the western right-of-way boundary of the Burlington Northern Railroad, then southwesterly along said right-of-way to a point 467.95 feet west of the southeast comer of the Southeast Quarter (SE l/4) of the Northwest Quarter (NW1/4) of section 10, thence east 62.13 feet, thence southwesterly 568.9 feet along the west boundary of the Burlington Northern right-of-way, thence east 460.5 feet to a point 33 feet west of the eastern boundary of the Northeast Quarter (NE l/4) of the Southwest Quarter (SW1/4) of section 10, then south 16 feet, thence east 686 feet, thence north 16 feet, thence east to the eastern border of the Northwest Quarter (NW l/4) of the Southeast Quarter (SE1/4) of section 10, continuing north along said border to a point 166 feet north of the centerline of section 10, thence east 178 feet, thence north 50 feet, thence east 66 feet, thence south 109 feet, thence east 209 feet, thence north 209 feet, to a point 453 feet east of the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10 on the northern border of the South Half(S l/2) of the South Half(S l/2) of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10 and continuing east 75 feet on said border, thence north 330 feet, thence west 164 feet on the northern border of the North Half (N l/2) of the South Half (S1/2) of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence south 165 feet, thence west 100 feet, thence north 165 feet, thence west 99 feet to a point 165 feet east of the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence north 503 feet, thence west 165 feet to the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence north 531 feet along said border to the point of beginning.
And
Part of the Northeast Quarter (NE l/4) of the Southeast Quarter (SE l/4) of section ten (10), township seventy-three (73) north, range forty (40) west of the 5th principal meridian, Mills County, Iowa, more particularly described as follows: Beginning at the northwest comer of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE l/4) of section ten (10); thence along the north line of said tract N 90° 00' 00" E 243.0 feet; thence S° 1 01' 00" W 628.1 feet; thence S 90° 00' 00" W 233.2 feet; thence N 0° 07' 20" E 628.0 feet to the point of beginning. Said tract contains 3.422 acres, more or less.
CHAPTER 1 GENERAL PROVISIONS
1-1-1 Definitions
1-1-2 Grammatical Interpretation
1-1-3 Prohibited Acts Include Causing, Permitting
1-1-4 Construction
1-1-5 Amendment
1-1-6 Severability
1-1-7 Catchlines, Titles, Headings and Notes
1-1-8 Amendments to Code, Effect of New Ordinances, Amendatory Language
1-1-1 DEFINITIONS. The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. “Building” means any man-made structure permanently affixed to the ground.
2. "City" means the City of Henderson, Iowa, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;
3. "Clerk" means Clerk-Treasurer.
4. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;
5. "Council" means the City Council of the City. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws of the state;
6. "County" means the County of Mills, Iowa;
7. “Delegation of Authority” means whenever a provision appears requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
8. "Fiscal Year" means July 1 to June 30.
9. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;
10. "May" confers a power;
11. "Month" means a calendar month;
12. "Must" states a requirement;
13. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";
14. "Or" may be read "and" and "and" may be read "or" if the sense requires it;
15. "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the form of a resolution;
16. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;
17. "Person” means natural person, any other legal entity, or the manager, lessee, agent, servant, officer, or employee of any of them;
18. "Personal property" includes money, goods, chattels, things in action and evidences of debt;
19. "Preceding" and "following" mean next before and next after, respectively;
20. "Property" includes real and personal property;
21. "Real property" includes any interest in land;
22. "Shall" imposes a duty;
23. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
24. "State" means the State of Iowa;
25. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;
26. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;
27. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;
28. "Writing” and “Written" include printed, typewritten, or electronically transmitted such as facsimile or electronic mail;
29. "Year" means a calendar year;
30. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;
31. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
1-1-2 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the City;
1. Gender. Any gender includes the other gender;
2. Singular and Plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.
1-1-3 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.
1-1-4 CONSTRUCTION. The provisions of this Code are to be construed with a view to affect its objects and to promote justice.
1-1-5 AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Henderson Municipal Code of 2014 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances.
(Code of Iowa, Sec. 380.2)
1-1-6 SEVERABILITY. If any section, provision or part of the City Code or any subsequent ordinance is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the City Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.
1-1-7 CATCHLINES, TITLES, HEADINGS AND NOTES. The catchlines of the several sections of this City Code printed in boldface type as well as the titles, headings, chapter heads, section and subsection heads or titles, editor’s notes, cross-references and State law references, unless set out in the body of the section itself, contained in this City Code, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section.
1-1-8 AMENDMENTS TO CITY CODE, EFFECT OF NEW ORDINANCES, AMENDATORY LANGUAGE.
1. All ordinances passed subsequent to this Code which amend, repeal or in any way affect this City Code may be numbered in accordance with the numbering system of this City Code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section, or subsection or any portion thereof, such repealed portions may be excluded from this City Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this City Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances.
2. Amendments to any of the provisions of this City Code may be made by amending such provisions by specific reference to the section or subsection number of this City Code in substantially the following language: “That section __________ of the Code of Ordinances, City of Henderson, Iowa is hereby amended to read as follows:…” The new provisions shall then be set out in full as desired.
3. In the event a new section not heretofore existing in this City Code is to be added, the following language may be used: “That the Code of ordinances, City of Henderson, Iowa, is hereby amended by adding a section, to be numbered __________, which said section reads as follows: …” The new section shall then be set out in full as desired.
TITLE I GENERAL PROVISIONS
CHAPTER 2 RIGHT OF ENTRY
1-2-1 Right of Entry
1-2-1 RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any Ordinance, or whenever there is reasonable cause to believe that there exists an Ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same and to perform any duty imposed upon such official by Ordinance; provided that, except in emergency situations, such official shall first give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hour written notice of the authorized official's intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
TITLE I GENERAL PROVISIONS
CHAPTER 3 PENALTY
1-3-1 General Penalty
1-3-2 Civil Penalty -Municipal Infraction
1-3-3 Scheduled Fines
1-3-1 GENERAL PENALTY. The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by the City Code or any Ordinance or Code herein adopted by reference, or the omission or failure to perform any act or duty required by this City Code or any Ordinance or Code or any Ordinance or Code herein adopted by reference is, unless another penalty is specified, punishable in accordance with Iowa Code Section 903.1(1)(a).
(Code of Iowa, Sec. 903.1(1)(a)
1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION.
(Code of Iowa, Sec. 364.22)
1. Definitions.
a. Municipal Infraction. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Henderson, or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Henderson, or any Ordinance or Code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.
b. Officer. The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Henderson.
c. Repeat offense. The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances.
2. Violations, Penalties, and Alternative Relief.
a. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code.
Schedule of Civil Penalties
First offense: Not more than seven hundred fifty dollars ($750.00).
Repeat Offense: Not more than one thousand dollars ($1,000.00)
(Amended 2010)
b. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
c. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.
3. Civil Citations
a. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.
b. The citation may be served by personal service, substituted service, or by certified mail, return receipt requested, or by publication as provided in the Iowa Rules of Civil Procedure.
c. The original of the citation shall be filed with the Clerk of the district court. If the infraction involves real property a copy of the citation shall be filed with the county treasurer.
d. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
(1) The name and address of the defendant.
(2) The name or description of the infraction attested to by the officer issuing the citation.
(3) The location and time of the infraction.
(4) The amount of civil penalty to be assessed or the alternative relief sought, or both.
(5) The manner, location, and time in which the penalty may be paid.
(6) The time and place of court appearance.
(7) The penalty for failure to appear in court.
(8) The legal description of the affected property, if applicable.
1-3-3 SCHEDULED FINES. The scheduled fine for a violation of any provision of the City Code shall be in accordance with State Code Chapter 805 unless another scheduled amount is provided in the City Code or Iowa Code.
TITLE I GENERAL PROVISIONS
CHAPTER 4 PROCEDURE FOR HEARINGS BY THE CITY COUNCIL
1-4-1 Purpose and Intent
1-4-2 General
1-4-3 Form of Notice of Hearing
1-4-4 Subpoenas
1-4-5 Conduct of Hearing
1-4-6 Method and Form of Decision
1-4-1 PURPOSE AND INTENT.
1. It is the purpose of this article to establish an orderly, efficient, and expeditious process for evidentiary hearings before the City Council.
2. The provisions of this article shall apply to a proceeding required by constitution, statute or Ordinance to be determined by the City Council after an opportunity for an evidentiary hearing.
1-4-2 GENERAL.
1. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council.
2. Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party.
3. Continuances. The City Council may grant continuances for good cause shown.
4. Oaths, Certification. The City Council or any member thereof has the power to administer oaths and affirmations.
5. Reasonable dispatch. The City Council and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
1-4-3 FORM OF NOTICE OF HEARING.
The notice to parties shall be substantially in the following form, but may include other information:
"You are hereby notified that an evidentiary hearing will be held before the Henderson City Council at _____________ on the ______ day of ____________, 20___, at the hour ____________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."
1-4-4 SUBPOENAS. Filing of affidavit. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the City Council or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in the witness's possession or under the witness's control. A subpoena need not be issued when the affidavit is defective in any particular.
1-4-5 CONDUCT OF HEARING.
1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
2. Oral evidence. Oral evidence shall be taken only on oath or affirmation.
3. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
4. Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
5. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
6. Rights of parties. Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence against the party; and
f. To self-representation or to be represented by anyone of the party's choice who is lawfully permitted to do so.
7. Official notice.
a. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the City or its departments and Ordinances of the City.
b. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
c. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council.
8. Inspection of the premises. The City Council may inspect any building or premises involved in the appeal during the course of the hearing, provided that:
a. Notice of such inspection shall be given to the parties before the inspection is made;
b. The parties are given an opportunity to be present during the inspection; and
c. The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.
1-4-6 METHOD AND FORM OF DECISION.
1. Hearings before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence or alternatively has not read or listened to the entire record of the proceedings shall vote on or take part in the decision. The City Council may designate a member or members to preside over the receipt of evidence. Such member or members shall prepare findings of fact for the City Council.
2. Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy
of the decision shall be delivered to the parties personally or sent to them by certified mail, postage prepaid, return receipt requested.
3. Effective date of decision. The effective date of the decision shall be stated therein.
TITLE I GENERAL PROVISIONS
CHAPTER 5 CORPORATE LIMITS
1-5-l CORPORATE LIMITS. The corporate limits of the City are described as follows:
Commencing at a point 283 feet north of the southeast comer of the Northwest Quarter (NW l/4) of the Northeast Quarter (NE 1/4) of section ten (10), township seventy-three (73) north, range forty (40) west of the 5th principal meridian, thence running west 326 feet, thence south 283 feet, thence west to the western right-of-way boundary of the Burlington Northern Railroad, then southwesterly along said right-of-way to a point 467.95 feet west of the southeast comer of the Southeast Quarter (SE l/4) of the Northwest Quarter (NW1/4) of section 10, thence east 62.13 feet, thence southwesterly 568.9 feet along the west boundary of the Burlington Northern right-of-way, thence east 460.5 feet to a point 33 feet west of the eastern boundary of the Northeast Quarter (NE l/4) of the Southwest Quarter (SW1/4) of section 10, then south 16 feet, thence east 686 feet, thence north 16 feet, thence east to the eastern border of the Northwest Quarter (NW l/4) of the Southeast Quarter (SE1/4) of section 10, continuing north along said border to a point 166 feet north of the centerline of section 10, thence east 178 feet, thence north 50 feet, thence east 66 feet, thence south 109 feet, thence east 209 feet, thence north 209 feet, to a point 453 feet east of the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10 on the northern border of the South Half(S l/2) of the South Half(S l/2) of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10 and continuing east 75 feet on said border, thence north 330 feet, thence west 164 feet on the northern border of the North Half (N l/2) of the South Half (S1/2) of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence south 165 feet, thence west 100 feet, thence north 165 feet, thence west 99 feet to a point 165 feet east of the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence north 503 feet, thence west 165 feet to the western border of the Southeast Quarter (SE l/4) of the Northeast Quarter (NE l/4) of section 10, thence north 531 feet along said border to the point of beginning.
And
Part of the Northeast Quarter (NE l/4) of the Southeast Quarter (SE l/4) of section ten (10), township seventy-three (73) north, range forty (40) west of the 5th principal meridian, Mills County, Iowa, more particularly described as follows: Beginning at the northwest comer of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE l/4) of section ten (10); thence along the north line of said tract N 90° 00' 00" E 243.0 feet; thence S° 1 01' 00" W 628.1 feet; thence S 90° 00' 00" W 233.2 feet; thence N 0° 07' 20" E 628.0 feet to the point of beginning. Said tract contains 3.422 acres, more or less.