MOBILE HOME REGULATIONS 5-1
TITLE V PHYSICAL ENVIRONMENT
CHAPTER 1 MOBILE HOME REGULATION
5-1-1 Definitions
5-1-2 Location of Mobile Homes
5-1-3 Special Permits for Location of Mobile Homes Outside Mobile Home Parks
5-1-4 Emergency and Temporary Parking
5-1-5 Traffic Code Applicable
5-1-6 Building Permits
5-1-7 Mobile Home Hookups
5-1-1 DEFINITIONS For use in this chapter the following terms are defined as follows:
1. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A “mobile home” is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976. If a mobile home is placed outside a mobile home park, the home is to be assessed and taxed as real estate. (Code of Iowa, Sec. 435.1(5))
2. “Mobile home park” means a site, lot, field, or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
(Code of Iowa, Sec. 435.1 (6))
5-1-2 LOCATION OF MOBILE HOMES All mobile homes shall be placed or parked in a mobile home park unless permitted otherwise by State law. This section shall not apply to mobile homes parked or placed upon private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.
For safety reasons a mobile home shall be located or placed at least 25 feet from any residence, at least 25 feet from any other structure, and at least 15 feet from any adjoining property line and at least 50 feet frontage. Application for variance may be filed with the City Council.
5-1-3 SPECIAL PERMITS FOR LOCATION OF MOBILE HOMES OUTSIDE MOBILE HOME PARKS
The City Council, upon application of a mobile home owner, may grant a permit for a mobile home to be located for a limited time on premises outside mobile home parks. The City Council shall issue such special permits when it appears that location within local mobile home park is impracticable or impossible and public health, safety, and welfare interests will not be seriously
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affected by granting the permit. Special permits shall not be granted for periods in excess of ______ year(s) but upon expiration of a special permit reapplication may be made. Application for the permit shall include:
1. A statement concerning the practicability of location within a local mobile home park.
2. A description of sanitation facilities contained within the mobile home and those facilities available at the proposed location.
3. A statement of the desired duration of the special permit.
5-1-4 EMERGENCY AND TEMPORARY PARKING Emergency or temporary parking of mobile homes upon the streets, alleys, or highways, or any other public or private place for a period not in excess of seven (7) days shall not constitute a violation of 5-1-2, but such parking shall be subject to any prohibitions or regulations contained in other Ordinances of this City.
5-1-5 TRAFFIC CODE APPLICABLE The owner of a mobile home park may elect to have City traffic provisions of the City Code apply to real property in the mobile home park and any person located on the real property. The owner of a mobile home park may waive this right by filing a waiver with the County Recorder.
5-1-6 BUILDING REQUIREMENTS All mobile homes, modular homes, and factory built homes as defined in the Iowa Code located outside a mobile home park shall comply with all Ordinances relating to residences or homes in the community and shall be affixed to a permanent perimeter foundation unless it is incompatible with the structural design of the home. Any home located outside a mobile home park on the date this ordinance takes effect shall be exempt from the permanent foundation requirement. (The effective date of this ordinance is __________). (Code of Iowa, Sec. 435.26)
5-1-7 MOBILE HOME HOOKUPS A licensed manufactured or mobile home retailer or an employee of a licensed manufactured or mobile home retailer may perform water, gas, electrical, and other utility service connections in a manufactured or mobile home space, or within ten feet of such space, located in a manufactured home community or mobile home park. The licensed retailer or an employee of the retailer is not required to obtain any additional state or local authorization, permit, or license to perform utility service connections. However, the utility service connections are subject to inspection and approval by city officials and the manufactured or mobile home retailer shall pay the inspection fee of $__________.
(Code of Iowa, Sec. 103A.52(4))
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STREET CUTS AND EXCAVATIONS 5-2
TITLE V PHYSICAL ENVIRONMENT
CHAPTER 2 STREET CUTS AND EXCAVATIONS
5-2-1 Excavation Permit Required 5-2-7 Dust Control of Streets
5-2-2 Application for Permit 5-2-8 Rock for Streets, etc.
5-2-3 Permit Fees 5-2-9 Replacement of Driveway Tubes
5-2-4 Safety Measures 5-2-10 Construction of New Driveway
5-2-5 Backfilling and Restoration 5-2-11 Tube Replacement at Street Intersections & Alleys
5-2-6 Rules and Regulations 5-2-12 Sidewalk Grade
5-2-13 Use of County Blader
5-2-1 EXCAVATION PERMIT REQUIRED Excavating within the right-of-way of public streets and alleys, and of public grounds, and the cutting of surfacing or pavings of the traveled way therein, shall not be done by any person, firm, association, or corporation without obtaining a permit from the City Clerk.
(Code of Iowa, Sec. 364.12(2))
5-2-2 APPLICATION FOR PERMIT No person shall commence excavation in any public street or public ground until that person has applied to the City Clerk for an excavation permit. Such application shall indicate the location of the excavation, the name and address of the applicant who is to do the work, whether public liability insurance is in force, and that the applicant has checked the underground map of all utilities, and other owners of underground facilities, and that the applicant has notified those persons or companies of the time that excavation will commence. The making of an application shall be deemed notice to the City of the plan to cut the street surfacing or pavements, and to obstruct the public way. Such permits shall not be valid until six hours after receipt unless the Clerk waives this requirement.
In an emergency, authorized persons or companies may commence excavations provided that they shall have made a reasonable effort to inform the City and the utilities whose underground utilities might be involved in any way, and those involved in the excavation shall make written application at the earliest practicable moment. The Clerk may provide on the form for the certification that the applicant has notified all utilities and other parties required by this ordinance.
5-2-3 PERMIT FEES The permit fee shall be $15.00 for the cost of each inspection. A single excavation shall be deemed to constitute all the digging necessary for a single connection, or a cut for installing a main not exceeding 100 feet in length. An additional fee of $15.00 shall be required for every additional 100 feet, or major fraction thereof, of main excavation. All fees are doubled if excavation commences before a permit is obtained.
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5-2-4 SAFETY MEASURES Any person, firm, or corporation cutting a pavement or surfacing or excavating in the streets shall erect suitable barricades, maintain warning lights from sunset to sunrise each night, and take such other precautions as necessary for the safety of the public, whether vehicles or pedestrians. Vehicles, equipment, materials, excavated material, and similar items shall likewise be protected by lights and warning devices, such as traffic cones, flags, etc. Where traffic conditions warrant, the party excavating may be required to provide flagmen, if in the judgment of the Davis County Sheriff the public safety requires it. Compliance with City Ordinances and regulations shall not be deemed to waive the requirements that the party excavating shall comply with all the requirements of the labor safety laws and the rules of the Iowa Department of Labor, nor shall any failure be deemed a responsibility of the City.
5-2-5 BACKFILLING AND RESTORATION Any person excavating in the streets shall be responsible for the backfilling of the excavation in accordance with City specifications and the restoration of the pavement or surfacing to as good a condition as that existing prior to the excavation. If any excavator fails to backfill or restore the pavement or surfacing properly within forty-eight hours of the completion of the underground work, the City reserves the right to backfill and resurface or install new paving and charge the cost thereof to the party excavating. If any backfilling or pavement or surfacing restoration is not in accordance with the City specifications, the Mayor is authorized to remove such material as is necessary and to backfill and restore the pavement or surfacing properly.
5-2-6 RULES AND REGULATIONS The City Council may by resolution establish such rules and regulations for the manner of making cuts and related matters involving excavations.
5-2-7 DUST CONTROL OF STREETS Streets to be treated for dust control must be by the majority vote of the Council. The substance used must be certified free from contaminates. Streets to be applied must be properly prepared.
5-2-8 ROCK FOR STREETS, ETC. Authority for purchase, size of rock and placement shall be vested in the Street Commissioner with approval of the majority vote of the Council.
5-2-9 REPLACEMENT OF DRIVEWAY TUBES The term “driveway” as used in this chapter shall mean that approach over which vehicles used to gain access to and upon private property and shall mean only that part of the approach which lies between the private property line and the “curb” line of the public street. When established tubes are to be replaced, said tubes shall be 15 ft. wide x 20 ft. long for plastic and 12 ft. wide x 20 ft. long for steel. When placement is necessary, the City will provide such labor as required, but the cost of the tube and other required materials shall be charged to the abutting property owner. Said costs may be assessed against the property owner and collected in the same manner as a property tax.
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5-2-10 CONSTRUCTION OF NEW DRIVEWAY When the construction of a new driveway is required, the applicant shall obtain a written permit from the Council by means of an “application” filed with the Clerk. Information on the application shall be the legal description of the property, size of the required tube, and material to be used. All costs of a new driveway shall be paid by the owner of said private property.
5-2-11 TUBE REPLACEMENT AT STREET INTERSECTIONS & ALLEYS The City shall bear the costs of all replaced tubes.
5-2-12 SIDEWALK GRADE The grade of any sidewalk shall not be altered by the construction of a driveway; and, any street, sidewalk or other public property that is affected by construction of a driveway shall be restored.
5-2-13 USE OF COUNTY BLADER The removal of snow is at the discretion of the County Operator and shall be paid by the City at the rate of the County specified rate per hour.
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SIDEWALK REGULATIONS 5-3
TITLE V PHYSICAL ENVIRONMENT
CHAPTER 3 SIDEWALK REGULATIONS
5-3-1 Purpose 5-3-11 Failure to Obtain Permit; Remedies
5-3-2 Definitions 5-3-12 Inspection and Approval
5-3-3 Cleaning Snow, Ice, and Accumulations 5-3-14 Interference with Sidewalk Improvements
5-3-4 Maintenance Responsibility 5-3-15 Special Assessments for Construction and Repair
5-3-5 Liability of Abutting Owner 5-3-16 Notice of Assessment for Repair or Cleaning Costs
5-3-6 Ordering Sidewalk Improvements 5-3-17 Hearing and Assessment
5-3-7 Repairing Defective Sidewalks 5-3-18 Billing and Certifying to County
5-3-8 Notice of Inability to Repair or Barricade 5-3-19 ADAAG Compliance
5-3-9 Standard Sidewalk Specifications
5-3-10 Permits for Construction or Removal
5-3-1 PURPOSE The purpose of this chapter is to improve and maintain sidewalks in a safe condition, to require owners of abutting property to maintain, repair, replace, construct or reconstruct sidewalks.
5-3-2 DEFINITIONS As used in this chapter, the following terms have these meanings:
1. Defective Sidewalk. Any public sidewalk exhibiting one or more of the following characteristics:
a. vertical separations equal to three-fourths (3/4) inch or more.
b. horizontal separations equal to three-fourths (3/4) inch or more.
c. holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter.
d. spalling over fifty (50) percent of the surface of a single square of the sidewalk with one or more depressions equal to one-half (1/2) inch or more.
e. spalling over less than fifty (50) percent of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) inch or more.
f. a single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.
g. a sidewalk with any part thereof missing to the full depth.
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h. a change from design or construction grade equal to or greater than three-fourths (3/4) inch per foot.
2. Sidewalk Improvements. The construction, reconstruction, repair, replacement, or removal of a public sidewalk or the excavating, filling, or depositing of material in the public right-of-way in connection therewith.
3. Owner. The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, “owner” shall include the lessee, or person in possession.
5-3-3 CLEANING SNOW, ICE, AND ACCUMULATIONS It shall be the duty of the owner to keep sidewalks abutting the owner’s property clear of the natural accumulations of snow or ice. If the owner fails to do so within twenty four (24) hours after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Treasurer for collection as provided in section 364.12 of the Code of Iowa.
(Code of Iowa, Sec. 364.12(2b) and (2e))
5-3-4 MAINTENANCE RESPONSIBILITY The abutting property owner or owners shall be responsible for the repair, replacement or reconstruction of all broken or defective sidewalks to a safe condition and to maintain in a safe condition all sidewalks in the abutting street right-of-way.
(Code of Iowa, Sec. 364.12(2c))
5-3-5 LIABILITY OF ABUTTING OWNER As provided in section 364.14, Code of Iowa, in the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of them by this ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the City may notify in writing the said abutting owner that it claims the injury was caused by their negligence and/or their failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the person notified is liable to it for any judgment rendered against the City, and asking the person to appear and defend.
A judgment obtained in the suit is conclusive in any action by the City against any person so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the
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damage or injury. The City may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the City in the suit.
(Code of Iowa, Sec. 364.14)
5-3-6 ORDERING SIDEWALK IMPROVEMENTS The City Council may order the construction, reconstruction, repair, or replacement of permanent sidewalks upon any street or court. Notice of this order shall be sent to the owner by certified mail. The notice shall include the fact that the owner may request a hearing by the Council within fifteen (15) days or receipt of the notice.
5-3-7 REPAIRING DEFECTIVE SIDEWALKS
It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days’ notice from the City, to repair, replace, or reconstruct all broken or defective sidewalks in the abutting street right-of-way. If, after the expiration of the thirty (30) days as provided in the notice, the required work has not been done or is not in the process of completion, the Mayor shall order the work to proceed to repair, replace, or reconstruct the sidewalk. Upon completion of the work, the Mayor shall submit to the Council an itemized and verified statement of expenditures for material and labor, and the legal description of the property abutting the sidewalk on which work has been performed. These costs shall be assessed to the property as taxes. The City Clerk shall be directed to certify the costs to the County Treasurer for collection as provided in section 364.12 of the Code of Iowa.
(Code of Iowa, Sec. 364.12 (2d) and (2e))
5-3-8 NOTICE OF INABILITY TO REPAIR OR BARRICADE It shall be the duty of the owner of the property abutting the sidewalk, or of the contractor or agent of the owner, to notify the City immediately in the event the owner is unable to make necessary sidewalk improvements or to install or erect warnings and barricades as required by this chapter.
5-3-9 STANDARD SIDEWALK SPECIFICATIONS Sidewalks constructed, repaired, or replaced under the provisions of this chapter shall be of the following construction and meet the following standards:
1. Portland cement concrete shall be the only material used in the construction and repair of sidewalks unless otherwise authorized by the City Council.
2. Sidewalks shall be on one-course construction.
3. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a four (4) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the Superintendent of Public Works.
4. The sidewalk bed shall be graded to the established grade.
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5. Residential sidewalks shall be at least four (4) feet wide, or match existing sidewalks, and four (4) inches thick, and each section shall be no more than four (4) feet in length. In the central business district, sidewalks shall extend from the property line to the curb unless the Council shall establish a different distance due to the circumstances. Each section shall be four (4) inches thick and no more than six (6) feet in length and width. All driveway areas shall not be less than six (6) inches in thickness.
6. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council shall establish a different distance due to the circumstances.
7. All elevations of sidewalks are to be established by the City Council with assistance from the Street Commissioner on a case-by-case basis.
8. All sidewalks shall slope at least one-quarter (1/4) inch per foot toward the curb, but in no event more than one-half (1/2) inch per foot toward the curb.
9. All sidewalks shall have a steel trowel finish followed by a “broom” or a “wood float” finish.
10. Ramps for the disabled. There shall not be less than two (2) curb cuts or ramps per lineal block which shall be located on or near the cross-walks at intersections. Each curb cut or ramp shall be at last thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise by so constructed as to allow reasonable access to the crosswalk for physically disabled persons using the sidewalk.
(Code of Iowa, Sec. 216C.9)
11. All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the City, shall be performed under the supervision and inspection of the City Street Commissioner, and in accordance with the standard sidewalk specifications set forth in this chapter.
5-3-10 PERMITS FOR CONSTRUCTION OR REMOVAL No person shall make any sidewalk improvements unless such person shall obtain a permit from the City Clerk. The permit shall state that the person will comply with the Ordinances of the City and with the specifications for sidewalks adopted by the City. The permit also shall state that the work will be done under the direction and approval of the City Superintendent of Public Works. All such permits shall be issued without charge and a copy thereof, with the application, shall be filed and preserved in the office of the City Clerk. The permit shall state when the work is to be commenced and when the work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Council. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this chapter. The City Council may withhold the issuance of any permit for
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any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.
5-3-11 FAILURE TO OBTAIN PERMIT, REMEDIES Whenever any sidewalk improvements are made that do not conform to the provisions of this chapter and with the specifications, or when any sidewalk improvements are made without a permit, the Mayor shall serve notice to obtain a permit upon the property owner and upon the contractor doing the work. If the sidewalk is in the course of construction, the notice shall order the work to stop until a permit is obtained and the work is corrected to comply with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed corrections within five (5) days from receipt of the permit. If the owner fails to comply with this notice, the Mayor shall have the work completed and the costs assessed to the property owner as provided in this chapter.
5-3-12 INSPECTION AND APPROVAL Upon final completion, the Superintendent of Public Works shall inspect the work and may order corrections if the work does not meet specifications. When the work does meet all requirements of this chapter, the specifications, and the permit, the Street Commissioner shall indicate this on both copies of the permit.
5-3-13 BARRICADES AND WARNING LIGHTS Proper warning lights and barricades shall be placed to protect persons from materials, equipment, and dangerous conditions. Placement and maintenance of adequate warnings is the responsibility of the constructor, the owner, and the lessee of the property.
5-3-14 INTERFERENCE WITH SIDEWALK IMPROVEMENTS No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while it is in the process of being improved, or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar, or deface any sidewalk at any time or destroy, mar, remove, or deface any notice or warning device provided by this chapter.
5-3-15 SPECIAL ASSESSMENTS FOR CONSTRUCTION AND REPAIR The City Council may assess the cost of initial construction, improvements, and/or repair of sidewalks in the City according to the special assessment procedures established in Chapter 384, division IV, Code of Iowa.
(Code of Iowa, Sec. 384.38)
5-3-16 NOTICE OF ASSESSMENT FOR REPAIR OR CLEANING COSTS When the Mayor submits a bill for sidewalk improvements or for removal of accumulations as provided in this chapter, the City Clerk shall send a notice of such facts to the owner of the abutting property. The notice may be given either by personal service or by certified mail to the last known address of the owner. The notice shall contain a statement of the work performed, the cost of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed within thirty (30) days without interest or penalty.
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The notice also shall indicate that the person may object to such assessment and given the place and time at which Council will hear such objections. The time set for hearing shall be at least fifteen (15) days after the service or mailing of the notice.
(Code of Iowa, Sec. 384.50)
5-3-17 HEARING AND ASSESSMENT At the time and place designed in the Notice, the Council shall consider all objections to the assessment, correct all errors or omissions, and adopt a corrected list as the amounts to be assessed against the property.
(Code of Iowa, Sec. 384.51)
5-3-18 BILLING AND CERTIFYING TO COUNTY Thirty (30) days after the Council’s decision, the City Clerk shall certify any unpaid amounts to the County Treasurer. The unpaid assessments shall constitute a lien against the property and shall be collected by the County Treasurer in the same manner as other taxes. Any assessment that exceeds $100 may be paid in installments as set by Council, not exceeding ten, in the same manner and at the same interest rates as for special assessments under Chapter 384, division IV, Code of Iowa. No interest shall be charged for assessments, or parts thereof, paid within thirty (30) days of the time the Council determined the final amounts.
(Code of Iowa, Sec. 384.60)
5-3-19 ADAAG COMPLIANCE All construction, repair, and maintenance of sidewalks shall comply with Americans with Disabilities Guidelines (ADAAG).
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NUMBERING OF BUILDINGS 5-4
TITLE V PHYSICAL ENVIRONMENT
CHAPTER 4 NUMBERING OF BUILDINGS
5-4-1 Buildings to be Numbered 5-4-4 Type of Numbers, Size
5-4-2 Numbering System 5-4-5 Enforcement
5-4-3 Mandatory Numbering
5-4-1 BUILDINGS TO BE NUMBERED All buildings now or hereafter erected within the City limits shall be assigned numbers and the owners notified of the assigned number. The owners shall cause the numbers to be placed and maintained on their property.
5-4-2 NUMBERING SYSTEM Numbers shall be assigned in accordance with the system developed by the City Council. The system consists of three-digit numbering. The even numbers shall be on the west and north sides of all streets and the odd numbers shall be on the east and south sides of all streets.
5-4-3 MANDATORY NUMBERING The placing of numbers is mandatory effective January 1st, 2001.
5-4-4 TYPE OF NUMBERS, SIZE The numbers shall be conspicuously displayed on the portion of the building or premise which faces the street. All numbers shall be of durable substance, clearly legible and the numerals shall be not less than three inches in height.
5-4-5 ENFORCEMENT If numbers meeting the requirements of this ordinance have not been placed on each building, the City shall cause individual notice to be given to the owner of buildings not numbered, requiring compliance within a reasonable time set in the notice, and if not completed by such time, the City shall cause proper numbers to be installed and the reasonable cost of the installation billed to such owner.
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