CHAPTER NO. 2280

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA 1999 BY PROVIDING FOR STRONGER PENALTIES AND MODIFIED NOTICE REQUIREMENTS FOR PERSONS WITH REPEATED NUISANCE VIOLATIONS.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

 Section 1.       Section 50.14 Added.  Chapter 50 of the Code of Ordinances of the City of Clinton, Iowa 1999 is amended by adding Section 50.14 entitled, Penalty for Repeat Violators, as follows:

50.14.  Penalty for Repeat Violators.  A person found in violation of the nuisance ordinance (Chapter 50) or junk vehicle ordinance (Chapter 51) on two separate occasions will be deemed a repeat offender.  Any subsequent violations after two violations for a repeat offender of the nuisance ordinance or junk vehicle ordinance will result in a minimum fine of $500.

Section 2.       Section 50.15 Added.  Chapter 50 of the Code of Ordinances of the City of Clinton, Iowa 1999 is amended by adding Section 50.15 entitled, Notice to Repeat Violators – Once per 12 months as follows:

 50.15  Notice to Repeat Violators – Once per 12 months.  For the 1^st violation of this chapter on a parcel of property the inspector shall notify the property owner by certified U.S. mail, return receipt requested, or personal service, that a condition that violates the terms of this chapter exists and shall notify the property owner of the actions that must be performed to correct the condition and the notice shall state that the condition shall be corrected within 5 days from the date the notice is received or returned to the City unclaimed, unless the inspector determines a longer period of time for abatement is necessary, but said period of time for abatement shall not exceed 2 weeks.

 For subsequent violations on the same parcel of property owned by the same person within a 12 month period, a written notice will not be sent.  For subsequent violations, the inspector shall verify the violation exists and that the parcel of property is still owned by the same person to whom the first notice was sent.  The first notice shall state that no further notice for subsequent violations on the same property will be provided.  If said subsequent violation exists, the inspector shall issue a municipal infraction citation.  If said violation is not abated within a reasonable period of time, the inspector shall order the work done by the City or by a contractor, with the costs thereof to be assessed against the property.

Section 3.       Repealer.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4.       Severability Clause.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 Section 5.       Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

______________________________

LaMetta K. Wynn, MAYOR

Attest:_____________________________

            Bonnie J. Hartman

            Assistant City Clerk

 ADOPTED:   August 10, 2004