Ordinances 6351 - 6359 & 6361-6370  Ordinances to amend, add and/or remove sections previously in Title 4 “Public Health & Sanitation" in accordance with the removal of the City Health Department.

1)  Ordinance 6351 to amend Title 9 “Traffic” by adding “Chapter 9.70 - causing dust and debris to cross private property lines and to be brought upon the streets and or highways within the council bluffs city limits.”

2)  Ordinance 6352 to amend Title 4 "Health and Sanitation" by amending Chapter 4.12 - Solid Waste Collection and Disposal.

3)  Ordinance 6353 to amend Chapter 4.02 "Air Pollution Control" by repealing existing Sections 4.02.010 through 4.02.080.

4)  Ordinance 6354 to amend Chapter 4.05 "Tattoo and Body Piercing Regulations" by repealing existing sections 4.05.010 through 4.05.080.

5) Ordinance 6355 to amend Title 4 "Health and Sanitation" by amending Chapter 4.15 "Abandoned and Junk Vehicles, Machinery, Trailers and Parts."

6) Ordinance 6356 to amend Title 4 "Health and Sanitation" by amending Chapter 4.19 "Weed Nuisances."

7) Ordinance 6357 to amend Title 4 "Health and Sanitation" by amending Chapter 4.20 "Animal Control."

8) Ordinance 6358 to amend Title 4 "Health and Sanitation" by amending Chapter 4.21.020(b)(2) "Hunting Regulations" and 4.21.025(c) "Feeding Prohibited."

9) Ordinance 6359 to amend Chapter 4.22 "Food Code" by repealing existing Sections 4.22.010 through 4.22.030.

10)  Ordinance 6361  to amend Chapter 4.32 "Private Sewage Disposal Systems" by repealing existing Sections 4.32.010 through 4.32.170.

11)  Ordinance 6362 to amend Chapter 4.33 "Private Wells" by repealing existing Sections 4.33.010 through 4.33.040.

12)  Ordinance 6363 to amend Title 4 "Health and Sanitation" by amending Chapter 4.50 "Noise Control."

13)  Ordinance 6364 to amend Chapter 4.70 "High-Risk Sexual Conduct" by repealing existing Sections 4.70.010 through 4.70.050.

14) Ordinance 6365  to amend Chapter 4.60 "Hazardous Substances" by repealing existing Sections 4.60.010 through 4.60.080.

15) Ordinance 6366 to amend Chapter 4.80 "Minimum Requirements for Tanning" by repealing existing Sections 4.80.010 through 4.80.070.

16)  Ordinance 6367 to amend Chapter 4.90 "Quarantine" by repealing Sections 4.90.010 through 4.90.020.

17)  Ordinance 6368 to amend Chapter 13.12 "Plumbing Code" by adding Section 13.12.13 "Application for Permit-Issuance or Denial."

18)  Ordinance 6369 to amend Chapter 12.02 "Miscellaneous Provisions" by adding Section 12.02.056 "Open Burning Prohibited."

19)  Ordinance 6370 to amend Title 12 "Council Bluffs Fire Code" by adding Section 12.05 "Hazardous Substances.

Ordinance 6351

This amendment will move and replace chapters currently held in “Chapter 4 – Health and Sanitation.” 

This new “Chapter 9.70 – Causing dust and debris to cross private property lines and to be brought upon the streets and or highways within the Council Bluffs city limits,” was previously Chapter 4.020.40 through 4.02.070.

Ordinance 6352

The enforcement duties in this chapter are being assigned to the Mayor or his designee and amendments have been made to reflect the same.

Ordinance 6353

This chapter is being repealed but its provisions regarding dust control have been moved to Title 9 and the provisions regarding open burn have been moved to Title 12.

Ordinance 6354

This chapter is being repealed.  The state adequately regulates these activities at this time.

Ordinance 6355

4.15.050 - Administration and enforcement.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the health directoradministrative authority designated by the mayor and/or the police chief, or their respective designees, hereinafter collectively referred to as 'enforcement officer.' The enforcement officer and any person designated by the enforcement officer to abate the nuisance pursuant to this code or court order, are hereby authorized access to any property upon which a junk vehicle is located for the purpose of carrying out any and all actions necessary to enforce this chapter.

4.15.080 - Appeal to the board of healthCity Council.

Any interested party may appeal the decision of the enforcement officer by filing a written notice of appeal with the health directoradministrative authority within five calendar days after service of notice as required by Section 4.15.070. Such appeal shall be heard by the board of healthCity Council which may affirm, amend or reverse the notice/order or take other action deemed appropriate. The health directorCity shall give at least five days' written notice of the time and place of the hearing to the appellant by first-class mail or personal service. In conducting the hearing the board of healthCity Council shall not be limited by the technical rules of evidence.

4.15.100 - Disposition of vehicle after notice or appeal.

Seven calendar days after declaring the vehicle or parts thereof to be a public nuisance, or five calendar days after action of the board of healthCity Clerk authorizing removal following appeal, the vehicle or parts thereof may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

Ordinance 6356

These Chapters have been amended they are now being enforced by the building division where two of the former Health Inspectors have been assigned.  It should be noted that there is an appeal process in Chapter 4.15 that used to be the Board of Health.  This did not happen very often so for now those appeals will be to the City Council, they will be held in the same fashion as the tobacco sales appeals.  If this would start to take up too much of the Council's time we will propose an amendment.

Ordinance 6357

The responsibility for overseeing this Chapter and the Animal Control Division has been assigned to Community Development.  This chapter had an appeal provision to the Board of Health, those appeals will now be to the Board of Review which will be made up of the Mayor, the Police Chief and the Fire Chief or their designee.

Ordinance 6358

The responsibility for overseeing this Chapter and the Animal Control Division have been assigned to Community Development.  

Ordinance 6359

The State has taken over the responsibilities for these inspections.

Ordinance 6360 - DELETED

Ordinance 6361

This chapter will be repealed but the section requiring a permit has been relocated to Chapter 13.12, which is enforced by the Building Division.

Ordinance 6362

This Chapter is being repealed.

Ordinance 6363

This Chapter is being amended so that the enforcement responsibilities will now be with the Building Division.  The Police Department is also authorized to enforce this Chapter along with all other provisions of our City Code. The City Council will now be the body that an applicant for a variance will now have to go to.

Ordinance 6364

The Chapter is being repealed.  These duties have been taken over by the County.

Ordinance 6365

This Chapter is being moved to Title 12 where the Fire Code is located.  The Fire Department has always been the primary enforcer of this Chapter.

Ordinance 6366

These duties are performed by the State.

Ordinance 6367

This section is being repealed.

Ordinance 6368

The Section was previously located in Title 4 Health, under Chapter 4.32 Private Sewage Disposal Systems at Section 4.32.110.

Ordinance 6369

This Section was previously held in Title 4, Chapter 4.02 "Air Pollution Control" under Section 4.02.020.

Ordinance 6370

This section was previously held at Title 4, Chapter 4.60 "Hazardous Substances".