ORDINANCE NO. 14,688
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by adding and enacting new Sections 46-3.05 and 46-3.07 thereof, relating to the fire protection and prevention code.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by adding and enacting new Sections 46-3.05 and 46-3.07 thereof relating to the fire protection and prevention code, as follows:
Sec.
46-3.05. Municipal infractions.
(a) The first violation of chapter 46 within the
calendar year shall be deemed the first offense punishable by a civil penalty
not to exceed $750.00, plus inspection fees where applicable. The second and each subsequent violation of
Chapter 46 within a calendar year shall be a repeat offense, punishable by a
civil penalty not to exceed $1,000.00, plus inspection fees where
applicable.
(b) When enforcement is sought through a municipal
infraction proceeding, the fire chief or the chief’s authorized representative
may enter into consent orders, assurances of voluntary compliance or other
similar documents establishing an agreement with the person responsible for the
violation. Such orders will include
specific action to be taken by the person responsible for the violation to
correct said violation within a time period specified by the order.
Sec.
46-3.07. Notice of
violation--administrative penalties--corrective action order.
(a) The fire department is authorized to issue a
notice of violation imposing administrative penalties upon any person who fails
to perform an act required by chapter 46 of this code or who commits an act
prohibited by said chapter.
(b) Such notice shall include a statement of the
administrative penalties imposed. Such
notice may include a corrective action order requiring compliance with the violated
code section within thirty (30) days.
(c) The administrative penalty for such violations
shall be as provided in the schedule of administrative penalties adopted by the
city council by resolution.
(d) Notice of violation, with the applicable penalty
for such violation noted thereon, shall be issued to and served upon the
violator. Service of the notice upon
the violator may be by regular mail or by delivery in person.
(e) Penalties assessed pursuant to notice of
violation shall be paid by the violator in full as directed in the notice
within thirty (30) days of its issuance.
Corrective action as required pursuant to notice of violation shall be
completed by the violator as directed in the notice within thirty (30) days of
its issuance.
(f) The administrative penalties set out in the
schedule of administrative penalties shall be charged in lieu of the fines and
penalties provided for in section 46-3 and 46-3.05, unless the violator refuses
to correct the violation and pay the scheduled administrative penalty, or the
fire chief or the chief’s authorized representative determines that immediate
enforcement action by misdemeanor or municipal infraction prosecution pursuant
to section 46-3 and 46-3.05 is, in view of the particular circumstances of the
case, necessary to achieve compliance with the requirements of Chapter 46. The fire department shall maintain a record
of all violations, administrative penalties charged or other enforcement
actions taken.
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Glenna K. Frank, Assistant City Attorney
T.M.
Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 07-1632), passed by the City Council of said City at a meeting held August 20, 2007 signed by the Mayor on August 20, 2007 and published as provided by law in the Business Record on September 3, 2007, Authorized by Publication Order No.5747.
Diane Rauh, City Clerk