Microsoft Word - Title 9 - Health and Sanitary Regulations

TITLE 9

HEALTH AND SANITARY REGULATIONS

SUBJECT

CHAPTER

BOARD OF HEALTH REGULATIONS

IOWA FOOD SERVICE SANITATION TRAINING CERTIFICATION

GARBAGE

NUISANCES

(Reserved for Future Use)

SOLID WASTE DISPOSAL - LANDFILL

STAGNANTWATER

WATER SUPPLY

WEEDS

9-1-1

9-1-2

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 1

BOARD OF HEALTH REGULATIONS

SECTIONS:

9-1-1

LocalRegulations

9-1-2

StateRegulations

9-1-3

EnforcementofRegulations

9-1-4

License; Fees

9-1-5

Noncompliance

9-1-6

FailuretoComply

9-1-1 Local Regulations. The Board of Health, as established in Title 2,

Chapter3, oftheCityCode, shallassisttheCityCouncilandtheCityAdministrator, orhis

or her designee, with the enforcement and regulations of the following City Ordinances,

when the general welfare, health, and safety of the public is in danger:

(A)

Title 3, Chapter 2 - "Drains and Drainage".

(B)

Title 3, Chapter 12 - "Utility Connections".

(C)

Title 4, Chapter 1 - "Animal Regulations".

(D)

Title8, Chapter5-"HousingCode".

(E)

Title 9, all chapters.

9-1-2 State Regulations. The Board of Health shall be responsible for the proper

enforcement of Chapter 170A, the Iowa Food Sanitation Code, of the Code of Iowa as per

the provisions of the Agreement between the City of Muscatine and the Department of

Agriculture, dated January 1, 1979, and as amended from time to time. As per the

Agreement, the City of Muscatine hereby adopts the following Codes as stipulated in

Chapter 170A of the Iowa Code:

(A)

Iowa Hotel Sanitation Code, Chapter 170B of the Iowa Code.

(B)

Iowa Food and Beverage Vending Machine Laws, Chapter 191A of the Iowa Code.

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9-1-2

9-1-3

(C)

Iowa Food Service Sanitation Code to be regulated in accordance with the 1976

edition, as amended and updated, of the Federal Food and Drug Administration

"FoodServiceSanitationOrdinance", subjecttothefollowingamendments:

1. MunicipalityDefined: Theword"municipality"intheCodeadoptedbySection

2-6-10 shall be understood to refer to the City of Muscatine, Iowa.

2. "Temporaryfood-serviceestablishment"meansafood-serviceestablishment

that operates at a fixed location for a period of time of not more than twelve

(12) consecutive days in conjunction with a single event or celebration.

3. Subsection 1-102 (h), (i), and (z) shall be deleted.

4. Subsection 1-104 shall be deleted.

5. Subsection 10-101 shall be amended so that the following food-service

establishments are exempt from the license requirement:

(a) Food-service operations in schools.

(b) Placesusedbychurches, fraternalsocieties, andcivicorganizationswhich

engage in the serving of food not more often than ten (10) times per

month.

6. Subsection 10-101 shall be amended so that a license issued by the Iowa

Department of Agriculture prior to the effective date of this adoption shall be

valid until its expiration date.

7. Subsection10-201shallbeamendedsothatfood-serviceoperationinschools

and summer camps shall be inspected at least once every year instead of twice

every year.

(D) Chapter 1351, 1989 Iowa Code Supplement and Chapter 641-15, Iowa

AdministrativeCode.

9-1-3 Enforcement of Regulations. The City Administrator shall recommend to

the Board of Health an individual to serve as City Health Officer. Upon approval of the

Board of Health, the Health Officer shall be responsible for the enforcement of the state

healthregulationsasstipulatedinSection9-1-2ofthischapterandsuchotherdutiesand

functions as required by the Agreement between the Board of Health and the Iowa

Department of Agriculture. The City Health Officer shall also assist the City

Administrator, or his or her designated representative, with the enforcement of the City

regulationsasstipulatedinSection9-1-1.

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9-1-4

9-1-6

9-1-4 License; Fees. Food-service establishments, hotels, motels, and food and

beveragevendingmachinesmustobtainanannuallicense, asrequiredbytheStateCodes

adopted by the City, pursuant to Section 9-1-2 of this chapter. The annual fee shall

be as per the schedule stipulated in Section 170A.5, 170B.6, and 191A.4 of the Code of

Iowa. Non-profitorganizations, includingchurches, schools, andcivicorganizationsshall

beexemptfromtheFoodServiceEstablishmentLicensefeestipulatedinSection170A.5

of the Code of Iowa. Upon determination by the City Health Officer of violations as set

out in Section 9-1-2 of this chapter, a fee for the reinspection to verify correction

and/or compliance with said regulations shall be assessed to the licensee in the

amount as provided from time to time by Resolution of the City Council and

included in the schedule in Section 5-15-2 of the City Code.

9-1-5Noncompliance.

(A)

Whenever any person having been served with a notice indicating a public health

hazard existing in accordance with Sections 9-1-1 and 9-1-2 shall refuse, fail, or

neglect to abate or remove the public health hazard referred to in such notice

within the time therein stated, the City may cause such public health hazard to

be abated and removed and to that end the City is authorized to use such tools,

appliances, materials, labor, andassistanceasmaybereasonablynecessary.

(B)

Whenever the City shall have caused the abatement or removal of any public

health hazard defined in this chapter, the City Clerk shall report the fact in

writingtotheCouncil, statingthecostandvalueofalltools, appliances, materials,

labor, and assistance used, consumed, and performed by and for him, giving the

several items thereof, and the name of the person responsible for the commission

of such public health hazard and a description of the property, lot, or parcel of

ground whereon such nuisance existed or from which the same came.

resolution, and such tax shall be collected in the manner provided by the Code of

Iowa.

9-1-6 Failure to Comply. Any person or owner of property who violates the

provisions of this chapter shall be guilty of a misdemeanor and subject to a penalty of a

fine not to exceed one hundred dollars ($100.00), or by imprisonment not to exceed thirty

(30) days. Each twenty-four (24) hour period during which such person shall not have

complied with the provisions of this chapter shall be construed as a separate violation.

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9-2-1

9-2-2

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 2

IOWA FOOD SERVICE SANITATION TRAINING CERTIFICATION

SECTIONS:

9-2-1

Purpose

9-2-2

Definitions

9-2-3

Food Service Training and Certification Required

9-2-4

Exemption from Requirements

9-2-5

Certification Process

9-2-6

Renewal of Certification

9-2-7

Proof of Certification

9-2-8

Display of Certification Required

9-2-9

Certificate Not Transferable

9-2-10

Penalty for Violation

9-2-1 Purpose. The purpose of this ordinance is to establish and require the

certificationofpersonnelin"foodestablishments"(FE)and"foodserviceestablishments"

(RS), by requiring appropriate personnel to have knowledge of safe techniques for the

storage, preparation, display and service of foods with the underlying purpose of

preventingfoodborneillnessandprotectingthepublichealthandsothatsaidpersonnel

shall have knowledge to oversee employees within the sphere of their employment

regardingthesame.

9-2-2 Definitions. Forthepurposesofthisordinancethefollowingmeaningsshall

apply.

(A)

"Personnel" means individual(s) working in a food service establishment (RS) or

food establishment (FE) who may be in charge of food preparation or service and

who have the authority and responsibility to direct and control such activities.

(B)

"Food" means any raw, cooked or processed edible substance, ice, beverage, or

ingredient used, or intended to be used, or offered for sale, in whole or in part, for

humanconsumption.

(C)

"Foodborne Illness" means an incident in which two (2) or more persons

experienceasimilarillness, usuallygastrointestinalinnature, aftertheingestionof

a common food, and epidemiological analysis implicates the food as the source

of the illness.

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9-2-2

(D)

"FoodServiceEstablishmentand/orFoodEstablishment"meansanyplacewhere

food is prepared or provided and intended for individual portion service, and

includesthesiteatwhichindividualportionsareprovided. Thetermincludesany

such place regardless of whether or not there is a charge for the food. The term

also includes retail food stores, mobile food units, and pushcarts. The term does

notincludeprivatehomeswherefoodispreparedorservedwithoutcompensation

for individual family consumption, the location of food vending machines, and

supplyvehicles.

(E)

"MobileFoodUnit"meansavehicle-mountedfoodserviceestablishmentdesigned

to be readily movable.

(F)

"Packaged" means contained in a bottle, can, carton, secure wrapping, or similar

type(s) of containers and shall include both hermetically and non-hermetically

sealedpackaging.

(G)

"Person in Charge" means the individual present in a food service

establishment or food establishment who is represented to the designated

representative of the regulatory health authority as the supervisor of the food

service establishment at the time of inspection. If no individual is the apparent

supervisor, then any employee present may be designated by the regulatory

health authority as the person in charge. A person who exercises control over or

operates a mobile food unit or pushcart shall be the person in charge.

(H)

"Potentially Hazardous Food" means any food that consists in whole or in part of

milkormilkproducts, eggs, meat, poultry, fish, shellfish, ediblecrustacea, orother

ingredientsincludingsyntheticingredients, inaformcapableofsupportingrapid

and progressive growth of infectious or toxigenic microorganisms. The term does

not include clean, whole, uncracked, odorfree shell eggs or foods which have a pH

level of 4.5 or below or a water activity (Aw) value of 0.85 or less.

(I)

"Pushcart"meansanon-self-propelledvehiclelimitedtoservingnon-potentially

hazardousfoodsorcommissary-wrappedfoodorlimitedtothepreparationand

servingoffrankfurters.

(J)

"RegulatoryHealthAuthority"meansthestateand/orlocalenforcementauthority

having jurisdiction over food establishment (FE) or food service establishment

(RS).

(K)

"TemporaryFoodServiceEstablishment"meansafoodserviceestablishmentthat

operates at a fixed location for a period of time not exceeding that allowed by the

"FoodServiceEstablishmentLawsandRules"aspromulgatedbytheStateofIowa

andadministeredthroughtheDepartmentofInspectionsandAppeals.

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9-2-3

9-2-6

9-2-3 Food Service Training and Certification Required. Except as provided in

Section 2, it shall be unlawful for any person owning, operating or managing any food

establishment or food service establishment within the City of Muscatine to fail to

employ in his/her/their employment at least one (1) person in possession of a

certificationforFoodServiceTrainingandSanitationasprovidedinthisordinance. Said

certificateholdershallbetheowner, .operatororhis/her/theirrepresentativeandshall

satisfy the requirements of Section 5 of this ordinance.

(A)

TheregulatoryhealthauthoritymayrequireadditionalpersonneltopossessFood

Service Training and Sanitation certification in sufficient numbers to ensure that

all food preparation and service is performed in accordance with local and state

laws. It shall be unlawful for any person owning, operating, or managing a food

establishment or a food service establishment to allow the operation of the

establishment with less than the required number of certificate holders.

(B)

WhenevertheFoodServiceTrainingandSanitationcertificateholderterminates

employment, isterminated, oristransferredtoanotherfoodestablishmentorfood

service establishment, it shall be the responsibility of the person(s) owning,

operating or managing the establishment to insure that a resident certificate

holder is employed at that site. Failure to comply with this section may be

considered a violation of this ordinance.

9-2-4ExemptionfromRequirements. Theregulatoryhealthauthoritymaywaive

ormodifytherequirementsofthisordinancefortemporaryfoodestablishmentsandfood

service establishments, special facilities and/or events. Any such exemption or

modification shall be supported by evidence, in writing, stating the reason(s) for such

exemptionormodificationandmaintainedintheofficeoftheregulatoryhealthauthority.

9-2-5 Certification Process. The City of Muscatine and/or the State of Iowa

Department of Inspections and Appeals, shall provide training for any person(s)

interestedinobtainingFoodServiceTrainingandSanitationcertificationasrequiredby

thisordinance. Saidtrainingshallbeprovidedonaregularbasisandasdemanddictates

but not less frequently than may be established by resolution of City Council and/or

established by State law. However, the adopted schedule for training may be altered by

the regulatory health authority to allow for a minimum of twenty (20) participants. Fees

shall be assessed to participants of the training and certification program as needed to

provide notice of the session(s), acquire training materials, rent space necessary for the

training, and related costs. It shall be the intent of this section that fees assessed to

participants reflect only those costs directly associated with providing the training and

certificationasrequiredherein.

9-2-6 Renewal of Certification. The holder of a Food Service Training and

Sanitation certificate shall renew his/her certificate every five (5) years in accordance

with Section 5.

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9-2-10

9-2-7 Proof of Certification. It shall be the responsibility of the owner, manager,

or his/her/their agent to provide proof of compliance with this ordinance. Proof of

compliance shall consist of one of the following:

(A)

Possession of a certification granted by the federal government as administered

through the Food & Drug Administration and/or the United States Department

of Agriculture, a copy of which shall be surrendered to the regulatory health

authority who, if satisfied as to its compliance with the intent of this ordinance,

shall issue a Food Service Training and Sanitation certificate as required herein;

(B)

PossessionoftheFoodServiceTrainingandSanitationcertificateissuedbythe

regulatory health authority as established by this ordinance.

9-2-8DisplayofCertificationRequired. Allowners, managersortheiragentsshall

causethedisplayofanyFoodServiceTrainingandSanitationcertificationspossessedby

onsitecertificationholders, attheirplaceofemployment, inaprominentlocation, which

shall be visible to the public and serve as public notice that the establishment is in

compliance with the contents of this ordinance.

9-2-9 Certificate Not Transferable. A Food Service Training and Sanitation

certificate shall not be transferable from one person to another person.

9-2-10 Penalty for Violation. Any owner, manager, or agent representing the

owner or manager, who violates a provision of this ordinance or any holder of a Food

ServiceTrainingandSanitationcertificationwhodoesnotcomplywiththerequirements

of this ordinance shall be deemed guilty of a municipal infraction.

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9-3-1

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 3

GARBAGE

SECTIONS:

9-3-1

Definitions

9-3-2

SanitationDistrict

9-3-3

Deposit, Accumulation, andBurning

9-3-4

PreparationofRefuseforCollection

9-3-5

RefuseContainers

9-3-6

RemovalofContainerLids

9-3-7

CleaningofContainers

9-3-8

ProhibitedMaterials

9-3-9

Containers-Location

9-3-10

CollectionofRefuse

9-3-11

CollectionFees

9-3-12

NoticeofMultipleDwellings

9-3-13

ViolationDeclaredNuisance

9-3-14

ResponsibilityofOwnertoTerminateService

9-3-15

AssessmentofUnpaidCharges

9-3-16

PreparationofDelinquentList

9-3-1 Definitions. As used in this chapter, the following terms shall have the

meaningsascribedtothem:

(A)

"Ashes" shall mean and include the ashes of wood, paper, coal, coke, or charcoal

and the residue resulting from the combustion of any material or substance.

(B)

"Commercialrubbish"shallmeantradewastessuchaspacking, paper, cardboard,

excelsior, straw, crates, boxes, discarded merchandise, glass, plastics, metals,

crockery, garbage, andothersimilarproductsormaterials.

(C)

"Curbside" shall mean at the lot line abutting a public alley if the property is

served by such an alley and shall mean within three feet (3') of the edge of the

paved portion of a public street (a public sidewalk shall be excluded from the

calculation of said three feet (3')).

(D) "Domesticrefuse"shallmeangarbage, ashes, andmiscellaneousrubbishoriginating

fromabuildingorbuildingscontainingexclusivelydwellingunitsoraccessoryuses

to a dwelling unit and shall be divided into the following three (3) classes:

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(

1. Class I - Domestic (single family and multi-family up to five (5) units) refuse

permitted to be stored in trash cans.

2. Class II - Domestic (six (6) or more dwelling units) and commercial refuse

permitted to be stored in trash cans.

3. Class III - Domestic refuse consisting entirely of miscellaneous rubbish.

(E)

"Dumpster" shall mean any container with at least a one (1) cubic yard capacity

and a maximum of one and one-half (1 1/2) cubic yard capacity and shall be

equipped with a hinged lid, wheels, and such other equipment as is needed for

mechanicaldumping.

(F)

"Garbage"shallmeananimal, vegetable, ormineralwasteproductsresultingfrom

thehandling, storage, preparation, cooking, orconsumptionoffoodoranymatter

that may decompose and become offensive or dangerous to health, including but

not limited to body wastes of domestic pets.

(G) "Hazardousmaterials"shallincludeexplosivematerials; drugs; poisons; radioactive

materials; highlycombustiblematerials; soliddressings, clothing, bedding, orother

wastes which are contaminated by infection or contagious disease; other wastes

which present an unreasonable risk of injury to collection personnel or

equipment or to the public; and material as defined by the Iowa

Department of Environmental Quality as hazardous.

(H) "Householdhazardouswaste"shallmeantoxicand/orcorrosiveproducts, e.g. oil-

based paints, insecticides, thinners, solvents, cleaners, turpentine, furniture

stripper, nail polish remover, etc.

(I)

"Industrial waste" shall mean wastes such as acids; oils; chemicals; grease; tires;

vehicleandaircraftparts; ashes; cinders; andotherwastes, includingconstruction

wastes, such as earth, plaster, metals, wood, plastics, tile, brick, concrete, terra

cotta, slate, marble, minerals, and other similar wastes.

(J)

"Miscellaneousrubbish"shallmeanmaterialsorsubstancesdiscardedasworthless,

suchaspaper, rags, cardboard, wearingapparel, excelsior, sticks, chips, leaves,

straw, bottles, crockery, metals, plastics, tin cans, and other household items.

(K)

"Refuse" shall be the generic term and shall include within its meaning ashes,

commercialrubbish, domesticrefuse, garbage, andmiscellaneousrubbish.

(L)

"Residential premise" shall mean a single family dwelling, a multiple family

dwelling consisting of up to and including five (5) units, or a property used by the

CityofMuscatine.

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9-3-4

(M) "Trash can" shall mean any container with not less than twenty (20) gallon capacity

and not more than forty (40) gallon capacity, which container may be made of

metal or plastic but shall be watertight. Plastic trash bags, provided they are of

sufficient capacity and are at least one and one-half (1 1/2) mils thick, may be used

in lieu of other containers.

(N) 'Yard wastes" shall mean organic debris, e.g. grass clippings, leaves, tree limbs,

bark, branches, flowers, etc. which is produced as part of yard and garden

developmentandmaintenance.

(0) 'Yard waste bag" shall mean a special degradable bag supplied by the City with not

less than fifteen (15) gallon capacity nor more than twenty-five (25) gallon capacity.

This bag shall be capable of decomposing within 60 days of exposure to aerobic

bacteria or ultraviolet light.

9-3-2 Sanitation District. There is hereby established in the City a sanitary

district, such district to comprise and embrace all the area within the corporate limits of

the City, for the collection and disposal of garbage and such other waste material as may

become dangerous to the public health or detrimental to the best interests of the

community, such provision being in compliance with the Code of Iowa.

9-3-3Deposit, Accumulation, andBurning.

(A)

Unlessotherwiseprovided, nopersonshallburn, place, throw, deposit, drop, dump,

spill, orstore, orcausetobeburned, placed, thrown, deposited, dropped, dumped,

spilled, or stored on any public or private property any refuse or hazardous

material.

(B)

Unless otherwise provided, no owner shall allow to be accumulated on their

premisesanyrefuseorhazardousmaterial.

with Title 6, Chapter 4 of the City Code.

9-3-4 Preparation of Refuse for Collection. No person shall place refuse out for

collectionunlessproperlypreparedforcollection. Garbageshallbethoroughlydrained

and wrapped or placed in disposal containers before being placed into containers for

collection. Liquid waste shall be in sealed containers. Yard waste that is not composted

on the premises shall be prepared as follows:

(A)

Grassclippingsshallonlybeplacedinspeciallymarkedyardwastebagsthatare

distributed by the City through retail outlets.

(B)

Treelimbsandtrimmings, clippings, andothersimilarwastefromshrubsortrees

shall be bundled with degradable string or cord in four foot (4') lengths.

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9-3-4

9-3-6

(C)

LeavesnotcollectedbytheCity'sleafvacuumunitsshallbeplacedinyardwaste

bags distributed by the City through retail outlets.

(D)

Other yard wastes shall be placed in yard waste bags distributed by the City

throughretailoutlets.

9-3-5 Refuse Containers. It shall be unlawful for any person to keep refuse on his

premisesexceptintheappropriatecontainersasprescribedinthissection. Therequired

containers shall be as follows:

(A) Type of Building,

1. Residential Buildings of Five (5) Units or Less. The owner or agent of the

owner shall provide or shall require the occupant of each dwelling unit to

provide a minimum of two (2) trash cans for a building containing five (5) or

fewer dwelling units.

2. Commercial and Industrial Buildings. The owner, agent of the owner, or the

occupant of any multi-family units of six (6) units or more or commercial or

industrial building shall provide a sufficient number of dumpsters or trash

cans so that all commercial rubbish can be contained therein during the

intervalbetweencollections.

(B) Type of Refuse.

1. Garbage, Ashes, andCommercialRubbish. Thistypeofrefuseshallbeplaced

in either trash cans or dumpsters as required in (A) above.

2. Miscellaneous Rubbish. Miscellaneous rubbish shall be placed in suitable

containers for handling and shall not exceed a loaded weight of fifty (50)

pounds. Large discarded household articles shall be less than ten (10) cubic

feet in volume and shall not weigh more than fifty (50) pounds. Yard waste

shall be prepared and placed for collection as set forth in Section 9-3-4.

shall be separated by the owner or occupant from all other garbage and

refuse accumulated on the premises and shall be composted on the premises,

collected by leaf vacuum units, or placed in degradable bags supplied by the City

and set out for collection by the City.

9-3-6 Removal of Container Lids. No person shall remove a container lid or allow

to remain uncovered a trash can or dumpster except for the purpose of depositing refuse

therein, for collection thereof, or for the cleaning thereof.

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9-3-9

9-3-7 Cleaning of Containers. The owner of a trash can or dumpster shall clean

and maintain such in a sanitary condition.

9-3-8 Prohibited Materials. No person shall place or cause to be placed in

containers for refuse any of the following materials:

(A)

Material contaminated by infectious or contagious disease. Such materials may be

disposed of only according to applicable State and/or Federal Law.

(B)

Hazardous materials. Such materials may be disposed of only according to

applicable State and/or Federal Law. However, household hazardous wastes are

exempted.

(C)

Waste motor oil. Such material shall only be disposed of at drop-off points

designated by the City or applicable State and/or Federal Agencies.

(D)

Lead acid batteries. Such materials shall only be disposed of at drop-off points

design9ted by the City or applicable State and/or Federal Agencies.

9-3-9 Containers — Location

(A)

Refuse containers shall be placed for City collection pursuant to subsections (B)

and (C) at or before 5:00 a.m. on collection days, but in no case, earlier than 4:00

p.m. the day before collection. Empty containers on curb setouts shall be returned

to the container storage area within twelve (12) hours after collection. The storage

area shall be either within a building or to the rear or side of the residence. The

owner and tenant/occupant are jointly and severally responsible for compliance

with this chapter.

(B)

Where City collections are made from alleys, refuse containers shall be placed

adjacent to and in back of the property line abutting the alley. Special

arrangements may be made with the City to permit containers or dumpsters in the

alley if the owner's building is on the property line.

(C)

Where City collections are made from streets, refuse collection containers shall be

placed within three feet (3') of the back of the curb line or the shoulder of the

street without causing the container to be placed on any public street or sidewalk.

(D)

Owners who choose to line refuse containers with plastic may set out refuse to be

collected in the bags if the bags are completely intact and tightly sealed.

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9-3-9

9-3-11

(E)

Any handicapped or senior citizen owner who is unable to set out their refuse

containers pursuant to subsections (B) and (C) may petition the Sanitation

Superintendent to collect their refuse at their regular storage area. The

Superintendent may grant the request if reasonable grounds for the request exist.

9-3-10 CollectionofRefuse.

(A)

The City of Muscatine shall collect and dispose of weekly only Class I and Class

III domestic refuse, but only if said domestic refuse is properly prepared for

collection and disposal, is within an authorized container (if required), and is at

curbside or adjacent to the alley.

(B)

The City of Muscatine will collect and dispose of Class II domestic and

commercial refuse upon request by the owner, provided such refuse is within

authorized containers. The City will not pick up dumpsters.

(C)

The City shall adopt rules and regulations concerning what materials within Class

III domestic refuse cannot practically be collected as part of the weekly scheduled

City collection. Those rules and regulations shall be filed with the City Clerk. All

such materials listed as not practical for weekly collection shall be collected by

the City by special collection arranged through the Sanitation Superintendent

during the City's "cleanup" week in the spring.

(D)

All refuse other than Class I, II, and III domestic and commercial refuse picked up

by the City of Muscatine shall be collected and disposed of at the expense of the

occupant, tenant, owner, or agent of the owner of the premises upon which the

refuse is located. The collection and disposal shall be performed by a licensed

refuse hauler pursuant to Title 5, Chapter 10 of the City Code, or by equipment

owned by the occupant, tenant, owner, or the agent of the owner of the premises

upon which the refuse is located. Said collection and disposal shall be in

accordance with this Code, all other ordinances of the City, and with state and

federal laws and regulations and shall be performed or done as often as the need

requires but in no case less often than once per week.

9-3-11 Collection Fees. The City Council shall establish by resolution monthly

collection fees for Class I and III domestic waste and establish the guidelines for

collection fees for Class II domestic and commercial accounts. The fees shall be set out

pursuant to Title 5, Chapter 15 of this Code.

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9-3-12

9-3-16

9-3-12 Notice of Multiple Dwellings. It shall be the duty of the owners of

multiple dwellings to notify the City of the persons occupying the premises for which the

services of this Chapter shall be required. The City shall keep a list of all persons

occupying multiple dwellings and shall notify all owners thereof of delinquent accounts

owed by the occupants of such premises, when such account shall be delinquent for more

than three (3) months.

9-3-13 Violation Declared Nuisance. The presence on any premises of any

garbage or refuse in violation of any Section of this Chapter is hereby declared a nuisance

and it is hereby provided that either the owner or occupant, or both, of such premises

shall be subject to the provisions as set forth in Title 9, Chapter 4 of the City Code.

9-3-14 Responsibility of Owner to Terminate Service. Charges shall be made

against all premises and it shall be the responsibility of the owner or occupant to notify

the City when service is not desired when the building is vacant.

9-3-15 Assessment of Unpaid Charges. The collection of garbage and refuse by

the City, as provided by this Chapter, is hereby declared a benefit to the property so

served and in case of failure to pay the monthly collection fee heretofore provided, then

the monthly charge shall be assessed against the property benefited in the manner

provided by special assessment.

9-3-16 Preparation of Delinquent List. On or before April 1

of each year, the

Director of Finance shall prepare a delinquent list of persons failing to pay the monthly

charge required by this Chapter, which last shall show the property to which the service

was rendered and the amount due therefrom. The City Clerk shall thereupon prepare a

resolution assessing the delinquent charges to the property so benefited, and which

resolution having passed by an affirmative vote of the Council, shall be certified for

collection as provided by law in cases of special assessment.

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9-4-1

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 4

NUISANCES

SECTION:

9-4-1 Definition

9-4-2 Prohibited

9-4-3 Notice to Abate; Remove

9-4-4 Noncompliance

9-4-5 Violation; Penalty

9-4-6 Remedy by Bringing Suit

9-4-1 Definition. For use in this Chapter, the following terms are defined:

(A)

The term "nuisance" means whatever is injurious to health, indecent, offense to the senses, or

an obstacle to the free use of property, so as essentially to interfere with the comfortable

enjoyment of life or property. It is hereby implied within the foregoing definition of

"nuisance" that a nuisance may cause financial loss and/or adversely affect the value of other

properties. The following are declared to be nuisances:

(1)

All dead, putrid, or decaying carcasses, flesh, fish, fowl, or vegetables; all deposits and

accumulations of manure, entrails, offal, or other unwholesome substance; filth of any

description or filthy or offensive slops; and garbage, litter, or debris when deposited or

thrown upon or conducted or permitted to accumulate into or upon any alley, street, or

public place or into or upon any privately owned lot or enclosure.

(2)

Billboards, signboards, and advertising signs, whether erected and constructed on public

or private property, which obstruct and impair the view of any portion or part of a

public street, avenue, highway, boulevard, alley, or railroad track so as to render dangerous

the use thereof, especially near intersecting streets.

(3)

Any use of property abutting a public street or sidewalk which permits dirt, rock or

debris to accumulate on said street or sidewalk.

(4)

All private water closets or outhouses which have become offensive to the senses or

dangerous to health.

(5)

All houses, barns, stables, stores, shops, markets, factories, or other buildings and

structures, and the premises connected therewith, which are not kept clean and free from all

filthy, putrid, or unwholesome substances or clean and free from all deposits and

accumulations which are offensive to the senses or liable to engender or cause disease.

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9-4-1

(6)

All houses, barns, stables, stores, shops, markets, factories, or other structures when

through neglect, abandonment, vacancy, disrepair, or vandalism become an attractive

nuisance or hazardous to the public.

(7)

Unsafe buildings. All buildings or structures that are structurally unsafe or not

provided with adequate egress, or which constitute a fire hazard, or are otherwise

dangerous to human life, or which in relation to existing use constitute a hazard to the

health, safety, or public welfare, by reason of inadequate maintenance, dilapidation,

obsolescence, or abandonment as specified in this chapter, the City Building Code, or

any other ordinance, are for the purpose of this Chapter, unsafe buildings. All such unsafe

buildings are hereby declared to be a public nuisance and shall be abated by repair,

rehabilitation, or demolition in accordance with the procedure specified in 9-4-3 of this

Chapter.

"Unsafe building" shall mean any structure or building meeting any or all of the following

criteria:

(A) Whenever any portion or member of a building or appurtenance thereof is likely to

fail, or to become detached or dislodged, or to collapse and thereby injure persons or

damage property.

(B) Whenever a portion or member of a building has wracked, warped, buckled, or

settled to such an extent that walls or other structural portions have materially less

resistance to winds or snow loading than is required in the case of similar new

construction.

deterioration, or decay; 2) faulty construction; 3) the removal, movement or

instability of any portion of the ground necessary for the purpose of supporting such

building; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other

cause, is likely to collapse partially or completely.

(D) Whenever, for any reason, the building or structure, or any portion thereof, is unsafe

for the purpose for which it is being used.

(E)

Whenever the building or structure has been damaged by fire, wind, flood, or has

become dilapidated or deteriorated as to become 1) an attractive nuisance to children;

2) a harbor for vagrants, criminals, or as to 3) enable persons to resort thereto for the

purpose of committing unlawful acts.

(F)

Whenever a building or structure, used or intended to be used for dwelling purposes,

because of inadequate maintenance, dilapidation, decay, damage, faulty construction

or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is

determined by the Building Official or Health Officer to be unsanitary, unfit for

human habitation, or in such condition that it is likely to cause sickness or disease.

(G) Whenever any building or structure, because of obsolescence, dilapidated condition,

deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,

faulty electrical wiring, gas connections, or maintenance of heating and/or cooling

equipment, or other cause, is determined by the Building Official or City Fire

Marshall to be a fire hazard.

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9-4-1

(H) Whenever any portion of a building or structure remains on a site after demolition or

destruction of the building or structure, or whenever any building or structure is

abandoned, or whenever any building or structure is abandoned for a period of six (6)

months so as to constitute such building or portion thereof to be an attractive

nuisance or hazard to the public.

All lots and parcels of ground wherever water is permitted to accumulate and stand until

stagnant or upon any privately owned lot.

Ashes, cinders, leaves, grass, tools, implements, machines, soil, dirt, sand, gravel, lumber,

brick, or other building material, or any other thing or substance deposited, stored,

placed, or permitted to be or come in or into or upon any street, alley, public place, or into

or upon any privately owned property which obstructs, hinders, or prevents the full and

free use of any part of such street, alley, public place, or private property the free and

uninterrupted flow of water in, upon, and away from the same.

(10)

Any lot or parcel of land abutting upon any street, alley, or public place so maintained

that the soil thereof of substances thereon are carried into and upon any sidewalk, street,

alley, or public place by the action of the owner or the elements.

(11)

Any unused, abandoned, junked, or obsolete cars or motor vehicles whether on private or

public property. A junked or obsolete car or motor vehicle shall be a car or motor

vehicle, or a portion thereof, not in running condition or not licensed for the current

year as provided by law. This section shall not apply to a vehicle, or part thereof stored

within a building, or protected with a fitted cover designed specifically as a vehicle

cover. The use of tarps, blankets, or similar temporary covers shall not be deemed

acceptable under this section.

(12)

All lots or parcels of land upon which junk, refuse, garbage, or filth is allowed to

accumulate.

(13)

Any abandoned or unattended refrigerator, icebox, or similar container with doors that may

become locked located outside of buildings and accessible to children, or to allow any such

refrigerator, icebox, or similar container to remain outside of buildings on premises in the

person's possession or control to remain abandoned or unattended and so accessible to

children.

(14)

Any poison, poisonous meat, or any other poisonous substance in any place outside of any

residence, or where it may endanger life by being taken and used by any person, or who

shall so expose any such poison or poisonous substance where the same shall be taken

by any dog, hog, cat, or any animal or living thing.

(15)

"Junk" means any metal or wood, whether usable or not, stored in such a manner that it

constitutes a health or safety hazard.

(16)

"Refuse" means any material not junk, garbage, or filth deposited upon property in an

unsightly or unhealthy condition.

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9-4-1

9-4-4

(17) "Garbage" means all wastes from the preparation or spoilage of food.

(18) "Filth" means excrement, either animal or human, or any material connected herewith.

9-4-2 Prohibited. The causing, permitting, or continuing of any nuisance as provided in this

Chapter is hereby prohibited, and may be abated in the manner provided in this Chapter, or as otherwise

provided by law.

9-4-3 Notice to Abate; Remove.

(A)

Whenever any nuisance as defined in this Chapter is found to exist, the City shall serve upon the

owner, occupant, or agent of the property upon which such nuisance is found to exist or from

which such nuisance comes, or upon the person causing or permitting such nuisance to exist upon

or in any street, alley, public place, or private property, a notice requiring him to abate or remove

such nuisance within ten (10) days or such time as the City may determine to be reasonably

sufficient to enable such abatement or removal to be made and that upon failure of the owner,

occupant or agent of the property to comply with such notice, the City shall abate or remove such

nuisance and, either assess the costs of such abatement or removal against the property or seek

reimbursement for costs incurred in abating or removing such nuisance by civil action for

damages against the owner, occupant or agent of the property to recover such costs.

(B)

Any notice required by this Section shall be served by:

(1)

Sending the notice to the occupant of the property, the record title holder, or both by

certified mail with return receipt requested; or

(2)

Serving said notice upon the occupant of the property or the record title holder by personal

service; or

(3)

Posting a copy of said notice upon the property in the event (1) or (2) cannot be used; or

(3)

Publishing said notice once in a newspaper of general circulation within the City.

9-4-4 Non-compliance.

(A)

Whenever any person having been served with a notice for the reason and in the manner

prescribed by Section 9-4-3 of this Code shall refuse, fail, or neglect to abate or remove the

nuisance referred to in such notice within the time therein stated, the city may cause such

nuisance to be abated and removed and to that end the City is authorized to use such tools,

appliances, materials, labor, and assistance as may be reasonably necessary.

(B)

Whenever the City shall have caused the abatement or removal of any nuisance defined in this

Chapter, the City Clerk shall report the fact in writing to the Council, stating the cost and value of

all tools, appliances, materials, labor, and assistance used, consumed, and performed by and for

him, giving the several items thereof, and the name of the person responsible for the commission

of such nuisance and a description of the property, lot, or parcel of ground whereon such nuisance

existed or from which the same came.

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9-4-4

9-4-6

(C)

Upon receiving such report, the Council may assess the costs against the property by resolution

for collection in the same manner as a property tax.

9-4-5 Violation; Penalty. Whenever any person having been served with a notice for the reason

and in the manner prescribed by Section 9-4-3 of this Code shall refuse, fail, or neglect to abate or remove

the nuisance referred to in such notice within the time therein stated, in lieu of the procedure provided in

Section 9-4-4 of this Code, such person may be determined to be guilty of a misdemeanor and subject to

penalty of a fine not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed thirty (30)

days. Each twenty four (24) hour period during which such person shall not have complied with the

provisions of this Chapter shall be construed as a separate violation.

9-4-6 Remedy by Bringing Suit. Upon complaint and investigation, the City Council may direct

the City Attorney to bring suit to abate and/or recover nuisance abatement costs in the proper court.

(A)

Process: When upon indictment, complaint, or civil action, any person is found guilty of erecting,

causing, or continuing a nuisance or other prohibited condition, the court before whom such

finding is had may order, in addition to the judgment from damages or costs for which a separate

execution may issue, that such nuisance or condition may be abated or removed at the expense of

the defendant, and after inquiry into and estimating as nearly as can be the sum to defray the

expense of such abatement, the court may issue a warrant therefore.

(B)

Stay of Execution: Instead of issuing a warrant, the court may order the same to be stayed upon

motion of the defendant, and upon his or her entering into an undertaking to the City in such sum

and with such surety as the court may direct, conditioned either that the defendant will

discontinue said nuisance or condition, or that within a time limited by the court, and not

exceeding six (6) months, he or she will cause the same to be abated and removed, as either is

directed by the court; and upon failure to perform the condition of his undertaking, the same shall

be forfeited, and the court, upon being satisfied of such default, may order such warrant forthwith

to issue, and action may be brought on such undertaking.

(C)

Expense, How Collected: The expense of abating a nuisance or condition by virtue of a warrant

can be collected by the officer in the same manner as damages and costs are collected on

execution, except that the materials of any buildings, fences, or other things that may be removed

as a nuisance or condition may be first levied upon and sold by the officer, and if any proceeds

remain after satisfying the expense and removal, such balance must be paid by the officer to the

defendant, or to the owner of the property levied upon; and if said proceeds are not sufficient to

pay such expenses the officer must collect the remainder.

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9-6-1

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 6

SOLID WASTE DISPOSAL

SECTIONS:

9-6-1 Definitions

9-6-2 Disposal Permit Required

9-6-3 DepositingRefuse

9-6-4 Use of Authorized Disposal Sites

9-6-6 Hours for Disposal

9-6-7 Removal of Refuse

9-6-8 Dumping in Public Places

9-6-9 Responsibility of Owner; Occupant

9-6-10 Garbage; Waste; Depositing on Riverfront

9-6-11 DisposalCharges

9-6-12 ProhibitedWaste

9-6-1 Definitions. As used in this Chapter, the following

terms shall have the meanings ascribed to them:

(A) "Disposal site" shall mean any public property operated by the

City under permit by the Iowa Department of Natural Resources

(IDNR). It shall also include any landfill operated by the

City under contractual agreement with the Muscatine County

Solid Waste Management Agency; or any privately operated

landfill with proper permit approval of IDNR.

(B) "Rules" shall mean such rules, procedures, and regulations

as established by the IDNR pursuant to the operation of

sanitary and solid waste disposal sites and as required by

Section 455B, Division IV of the Code of Iowa.

similar discarded solid or semi-solid materials, including,

but not limited to, such materials resulting from industrial,

commercial, domestic activities. Nothing herein shall be

construed as prohibiting the use of dirt, stone, brick, or

similar inorganic material for fill, landscaping, excavation,

or grading at places other than a sanitary disposal site.

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6/21/90 84186

9-6-2 .

9-6-10

9-6-2 - Disposal Permit Required. No person owning or

occupying any premises, and no officer controlling or in charge of

City premises, shall cause any ashes, refuse, or other solid waste

material to be placed thereon or shall allow such premises to be

used as a public landfill or disposal site for ashes, refuse, or

other solid waste material, without a permit from the Iowa

Department of Natural Resources, and only then in accordance with

the rules prescribed by the Iowa Department of Natural Resources.

9-6-3 Depositing Refuse. No person shall, without permission

from the City of Muscatine and the Iowa Department of Natural

Resources, throw or deposit in or upon any street, way, public

place, or vacant lot, or throw into or deposit in any pond or body

of water within the limits of the City any dead animal, dirt,

sawdust, wastewater, rubbish, filth, or any refuse material or

substancewhatsoever.

9-6-4 Use of Authorized Disposal Sites. All of the materials

mentioned in the preceding Section, and as defined by Section 455B

of the Code of Iowa, shall be dumped at authorized disposal sites,

which shall be designated from time to time by the City Council,

subject to approval by the Iowa Department of Natural Resources,

for the purposes of receiving such refuse material.

9-6-5 Supervision of Disposal. All disposal at the authorized

landfill disposal site shall be under the supervision of the City

and shall be performed in accordance with the rules and regulations

established by the IDNR.

9-6-6 Hours of Disposal. No refuse materials or substances

shall be dumped at the public disposal site outside the hours of

operation as posted at the site unless by permission of the City.

9-6-7 Removal of Refuse. It shall be unlawful for any person

to remove, haul, or carry away refuse, rubbish, waste matter,

garbage, debris, and solid waste of any nature and description from

the City disposal site, except for authorized recycling personnel.

9-6-8 Dumping in Public Places. It shall be unlawful for any

person to deposit upon any of the streets, alleys, or other public

places any offensive material or solid waste which will engender

offensive odors and sights.

9-6-9 Responsibility of Owner; Occupant. Every person owning

or occupying premises is hereby required to keep such premises

clean and free from all offensive materials and solid waste which

are likely to engender offensive odors and sights.

9-6-10 Garbage: Waste: Depositing on Riverfront. No person

shall deposit any garbage or solid waste matter whatsoever at any

place along the riverfront or levee.

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9-6-11

9-6-12

9-6-11 Disposal Charges. The City Council shall establish by

resolution fees for the disposal of solid waste. The fees shall be

set pursuant to Title 5, Chapter 15 of this Code.

Unpaid disposal charges thirty (30) days past due from the

date of billing will be assessed an interest penalty on the

unpaid balance. This penalty will be as follows:

Unpaid Balance

Interest Penalty

O - $100

Over $100

1 1/2% per month

9-6-12 Prohibited Waste. There shall be no disposal of solid

waste or refuse which is defined by the IDNR as hazardous or that

is otherwise prohibited, upon any public or private land or

sanitary landfill without the approval of the IDNR and the City of

Muscatine. Prohibited wastes shall include, but are not limited to,

the following wastes:

Waste

Lead Acid Batteries

Waste Motor Oil

Yard Wastes

Tires

Effective Date

July 1, 1990

January 1, 1991

July 1, 1991

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9-7-1

9-7-4

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 7

STAGNANT WATER

SECTIONS:

9-7-1 Resolution for Filling; Draining

9-7-2 Compliance by Owner Required; Lien on Property

9-7-3 Filling Land; Special Tax

9-7-4 Tax Levy; Publication of Resolution; Hearing

9-7-1 Resolution for Filling; Draining. The Council may

at any time, by resolution, order any piece of land or lot upon

which water at any time becomes stagnant to be filled up to such

a height or to be drained in such manner and within such time

as the Council, in such resolution, shall direct. The City Engineer

shall submit a report to the City Council with recommendations on

type of fill to be used, grade to be established, the need, if any,

for relief storm sewers, and such other matters which he or she

deems necessary.

9-7-2 Compliance by Owner Required; Lien on Property. It

shall be the duty of the owner of any piece of land or lot upon

which water may become stagnant, or his agent, after service on

him of a copy of the resolution provided for in the preceding

Section, or after a publication of such resolution two (2)

successive weeks in some newspaper of general circulation, to

comply with the direction of such resolution within the time therein

specified and in case of failure or refusal to do such work as set

out in such resolution, it may be done at the expense of the City,

and the amount of money expended therefor shall be a debt due to

the City from the owner of such property and shall be a lien on

such piece of land or lot from the time of the adoption of the

resolution.

9-7-3 Filling Land; Special Tax. The expense of filling

any piece of land or lot by the City upon which water becomes

stagnant may be levied as a special tax thereon. Such levy shall

be made by resolution, and such tax shall be collected in the

manner provided for the collection of other special taxes.

9-7-4 Tax Levy; Publication of Resolution; Hearing. The

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9-7-4

resolution levying the tax mentioned in Section 9-7-3 of this

Code shall be published and a hearing given in the manner as

provided for the assessment of the costs, as stipulated by the

Code of Iowa.

- 419 -

9-8-1

9-8-3

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 8

WATER SUPPLY

SECTIONS:

9-8-1

9-8-2

9-8-3

9-8-4

9-8-5

9-8-6

9-8-7

9-8-8

9-8-9

9-8-10

9-8-11

9-8-12

9-8-13

9-8-14

9-8-15

9-8-16

9-8-17

9-8-18

9-8-19

9-8-20

9-8-21

9-8-22

9-8-23

9-8-24

Quality

Separation of Distribution Systems

Water Service Pipe

Water Supply to Fixtures

Flushometers

Minimum Size of Water Service Pipes

Shut-offs

Setting Water Meters

Material for Pipes and Fixtures

Protection from Freezing

Relief Valves

Pumps and Hydrants; Surface Water

Unauthorized Opening; Use

Tapping Water Mains; Distributing Pipes

Breaking Seals

Throwing Substances into Reservoirs; Water Mains

Outlets Kept Closed; Repair of Fixtures

Compliance

Breaking, Defacing Hydrants

Defacing Reservoirs; Tanks

Authorized Inspectors; Right of Entry

Plumbers Permit

Backflow Prevention

Plastic Pipe

9-8-1 Quality. The quality of water shall meet accepted

standards of purity as established by the Board of Water and

Light Trustees, by the State of Iowa, and by the Federal Government.

9-8-2 Separation of Distribution Systems. The water supply

shall be distributed through a piping system entirely independent

of any piping system conveying any other supply.

9-8-3 Water Service Pipe. The water service pipe of any

building shall be of sufficient size to permit an ample flow of

water on all floors.

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9-8-4

9-8-9

9-8-4 Water Supply to Fixtures. All plumbing fixtures shall

be provided with a sufficient supply of water for flushing to keep

them in a sanitary condition. Every water closet or pedestal

urinal shall be flushed by means of an approved tank or flush

valve of at least three (3) gallons flushing capacity for water

closets and at least two (2) gallons for urinals and shall be

adjusted to prevent the waste of water. The flush pipe for water

closet flush tanks shall be not less than one and one-fourth inches

(1 1/4") in diameter and the water from flush tanks shall be used

for no other purpose.

9-8-5 Flushometers. No water closet or urinal bowl shall

be supplied directly from a water supply system through a flushometer

or other valve unless such valve is set at least six inches (6")

above the overflow rim of the water closet or urinal or in a manner

such as to prevent any possibility of polluting the water supply.

9-8-6 Minimum Size of Water Service Pipes. The minimum size

of water service pipes from the curb to the dwelling shall be

three-fourths inch (3/4") and to fixture supplies as follows:

Sill cocks

1/2 inch

Hot water

1/2 inch

Laundry equipment

1/2 inch

Sinks

1/2 inch

Lavatories

3/8inch

Bathtubs

1/2 inch

Water closet tanks

3/8 inch

Urinals

3/8 inch

Showers

1/2 inch

9-8-7 Shut-offs. A main shut-off on the water supply line

shall be provided near the curb. Accessible shut-offs shall be

provided on the main supply line just inside the foundation wall

and ahead of the meter.

9-8-8 Setting Water Meters. Plumbers shall provide for the

setting of City water meters in accordance with the policies

established by the Board of Water and Light Trustees.

9-8-9 Material for Pipes and Fixtures. All water supply

pipes for a plumbing system shall be of copper, galvanized cast

iron or steel, brass, or cast iron, with brass or galvanized

cast iron or galvanized malleable iron fittings. When cast-iron

fittings are used on cast-iron water mains, they shall be of the

same material as the water main. All new water service connections

must be of type K copper tubing from the corporation stop in the

main to the inside of the property basement, and all broken gal-

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9-8-9

9-8-15

vanized water service pipes hereto installed shall be replaced

with type K copper tubing. No pipe or fittings that have been

used for other purposes shall be used for the distribution of

water.

9-8-10 Protection From Freezing. All concealed water pipes

and storage tanks subjected to freezing temperatures shall be

protected against freezing. All water pipes shall be installed

so as to be easily drained and are to be hung or laid without

trapping the same if possible.

9-8-11 Relief Valves. All hot water storage tanks shall be

extra heavy. On all hot water storage tanks, and wherever a check

valve is installed on the cold water supply pipe between the

street main and the hot water tank, there shall be installed on

the hot water distributing system a suitable relief valve. No

valves shall be permitted on any flow pipes between the tank and

the heater.

9-8-12 Pumps and Hydrants; Surface Water. All pumps and

hydrants shall he protected from surface water and contamination.

Yard hydrants to furnish water for human consumption are hereby

prohibited.

9-8-13 Unauthorized Opening; Use. No persons, except such

as are duly authorized by the Board of Water and Light Trustees

shall, except for fire purposes or in case of fire, open any fire

hydrant or take or use any water therefrom, or remove the cap or

cover of any fire hydrant or any stopgate box; or shall, without

authority from the water department, dig out, curb over, or remove

any fireplug, hydrant, stop-cock, valve, valve box, or other

fixture appertaining to the waterworks; or shall use or take water

from any part of the water system, or turn the water on or off

from or into any water pipe without authority from the Board of

Water and Light Trustees.

9-8-14 Tapping Water Mains; Distributing Pipes. All tapping

and inserting ferrules in the street mains or distributing pipes

of the water system shall be done by employees of the Board of

Water and Light Trustees, under the direction of the Board of

Water and Light Trustees.

9-8-15 Breaking Seals. No person shall break any seal

connected to any meter, valve, private fire hydrant, or other

fixture that may have been sealed by employees of the Board of

Water and Light Trustees, except that in case of fire the seals on

private fire hydrants and private fire protection valves may be

broken, but the breaking of such seals shall be reported to the

general manager of utilities within twenty-four (24) hours

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9-8-15

9-8-22

thereafter.

9-8-16 Throwing Substances Into Reservoirs; Water Mains.

It shall be unlawful for any person to throw, place, or deposit

any substance, or thing whatsoever, in any reservoir, water main,

or pipe of the water system.

9-8-17 Outlets Kept Closed; Repair of Fixtures. All users

of water supplied from the City mains shall keep the hydrants,

taps, hose, water closets, urinals, baths, or other fixtures in

good repair. Consumers of water shall prevent unnecessary waste

of water and shall keep all water outlets closed when not in

actual use.

9-8-18 Compliance. Consumers of water shall, in all

respects, conform to the rules and regulations of the water

department.

9-8-19 Breaking, Defacing Hydrants. Any person who shall,

in any way, intentionally or carelessly break, deface, or other-

wise injure or destroy any hydrant or other property appertaining

to the water works, or property of others used in connection with

the water supply, shall be liable for all damage done and shall

be deemed guilty of a misdemeanor.

9-8-20 Defacing Reservoirs; Tanks. It shall be unlawful

for any person to deface any reservoir or tank.

9-8-21 Authorized Inspectors; Right of Entry. Such inspectors

as may be authorized by the Board of Water and Light Trustees

may enter, at all reasonable hours, into any premises supplied

with water from the City mains, to examine the plumbing, meters,

tanks, or other apparatus or for the purpose of placing or carrying

away any meter, instrument, pipes, fitting, or other appliance

belonging to the City water works.

9-8-22 Plumbers Permit. Plumbers and plumbing firms, desiring

to work in connection with the water supply or the pipes, fixtures,

and appliances appertaining thereto, shall first obtain a permit

in the Office of the Board of Water and Light Trustees and shall

subscribe to the rules and regulations of the Board of Water and

Light Trustees.

All persons, except plumbers with a proper permit, are

prohibited from making any extensions, additions to, or altera-

tions of any pipes, fixtures, or appliances connected with service

pipes attached to the City mains, or from, in any manner, inter-

meddling with the water system.

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9-8-23

9-8-24

9-8-23 Backflow Prevention. Adequate backflow prevention

devices or check valves are required for approval by the Board

of Water and Light Trustees prior to the connecting of the water

service to the water distribution system. If in the opinion of

the City utility such devices would not be necessary, they may

be waived.

9-8-24 Plastic Pipe. Plastic pipe is not permitted for

connections, service, or other supply lines between the point of

connection on the customer side of the water meter and the water

main.

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9-9-1

9-9-5

TITLE 9 HEALTH AND SANITATION REGULATIONS

CHAPTER 9

WEEDS

SECTIONS:

9-9-1

Purpose

9-9-2

Definitions

9-9-3

NoxiousWeeds

9-9-4

Duties of Owners

9-9-5

Notice

9-9-6

Proof of Service

9-9-7

Work Done by City

9-9-8

Cost of Work Done by City

9-9-1 Purpose. The purpose of this Chapter is to establish the procedure to be

followed for the removal of noxious weeds on property within the City.

9-9-2 Definitions. For purposes of this Chapter, the following terms are defined:

(A)

"Noxious weed" includes weeds such as jimson, burdock, ragweed, thistle,

cocklebur, and any weeds, grass, or plants other than trees, bushes, flowers, or

other ornamental plants, in excess of eight inches (8") in height.

(B)

"Owner" means a contract purchaser of real estate in the City, if there is one of

record, otherwise a record holder of legal title as shown on the records of the

MuscatineCountyAuditor.

9-9-3 Noxious Weeds. It shall be a misdemeanor for the owner of real estate

located within the corporate limits of the City to permit the growth of noxious weeds on

any real estate as set out in this Chapter.

9-9-4 Duties of Owners. It shall be the duty of the owner to cut or remove,

and to keep cut or removed, all noxious weeds from his, her, or its property and from

all adjacent property between the property line and the improved street and/or alley

line(s).

9-9-5 Notice. If the owner fails to destroy, cut, trim or otherwise eradicate

noxious weeds as provided in this chapter, the City shall give notice to the property

owners by one publication in a newspaper of general circulation within the City, stating

that all property owners are required to destroy, cut, trim, or otherwise eradicate all

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9-9-5

9-9-8

noxious weeds on their property and the adjacent unimproved public right(s)-of-way

within a reasonable time but not less than five days from the date of the said publication.

9-9-6 Proof of Service. In addition to the notice as set out in Section 9-9-5, the

City shall mail a notice to the property owner believed to be violating the provisions of

this section advising that all noxious weeds located on his, her, or its property and

adjacentpublicright(s)-of-wayshallbedestroyed, cut, trimmed, orotherwiseeradicated

within five (5) days from the delivery of mail in the ordinary course of delivery. Said

notice shall be sent by ordinary mail to the last known address of the owner or as shown

on the current County Assessors records. It shall be presumed that five (5) days is

sufficient time for the delivery of mail within ordinary course. A copy of the publication

as required in Section 9-9-5, together with a copy of the notice sent by regular mail as

herein set out shall be deemed proof of service.

9-9-7 Work Done by City. When any owner fails to destroy, cut, trim, or eradicate

noxious weeds within the notice period(s) contained in this Chapter, the City shall cause

the noxious weeds to be cut or removed by private contractor or with City employees and

equipmentatCityexpense.

9-9-8 Cost of Work Done by City. The City Clerk shall submit an itemized

statement to the City Council for all work performed under this Chapter. The itemized

statementshallincludethecostofcuttingand/orremovingthenoxiousweedstoinclude

labor, equipmentcosts, andreasonableadministrativecosts. Uponreceiptoftheitemized

statement, the Council shall audit it, and if allowed, shall by resolution assess the

cost as a special assessment against the property. The City Clerk shall certify the

assessment to the County Treasurer, to be collected as any other special assessment.

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