The URL can be used to link to this page

Home My Public Portal AboutOrdinances-2004-266 CITY OF TIFFIN ORDINANCE NO. 2 0 0 4-2 6 6 AN ORDINANCE ESTABLISHING THE PROCEDURE FOR OBTAINING AND DISCONTINUING CITY UTILITIES SERVICES, BY TENANTS AND LANDLORDS REGARDING RESIDENTIAL RENTAL OR NONDWELLING LEASED. COMMERCIAL PROPERTIES- AND ESTABLISHING THE REQUIREMENT OF SECURITY DEPOSITS FROM TENANTS BE IT ENACTED by the City Council of the City of Tiffin,Iowa: Section I. Purpose The purpose of this ordinance is to establish the procedure for tenants in residential rental units or non-dwelling leased commercial properties to connect and disconnect City utilities service and to establish the requirement of security deposits for city services and the use and refund of security deposits. Further, the City intends to conform to the provisions of Iowa Code §384.84. Section II. Repeal. Ordinances and-subsequent amendments that conflict with the provisions adopted herein, are hereby repealed and in lieu thereof the following procedures are established Section III. Definitions. CITY UTILITIES: for purposes of this ordinance include clean water service, sanitary sewer services, garbage pickup, and recycling collection. LANDLORD: A property owner who leases a house or dwelling unit or a non- dwelling commercial property to a tenant. TENANT: A person entitled under,a rental agreement to occupy a house or dwelling unit or a non-dwelling commercial,property to the exclusion of others. NOTICE OF OCCUPANCY: The form p ovided by the City of Tiffin for the purpose of notifying the City of a commencement of a tenancy creating a new account holder. , . • NOTICE OF}YVA'CANCY:_The;form..provided-by.the City of Tiffm for the purpose of notifying the City of a discontinuationrof services for an account holder. Page 1 of 4 C:\WINDOWS\Temporary Internet Files\OLK6342\ordinance for notice and sec dep only.doc Last printed 4/10/2004 1:07 AM, kd Section IV. To Obtain or Discontinue Services for City Utilities In order to obtain service of City utilities services, the Landlord and Tenant shall provide information to the City, by use of the Notice of Occupancy form as provided by the city. Said Notice of Occupancy shall be delivered to the Tiffin City Clerk within ten (10) days of any change in occupancy of a residential rental unit or non-dwelling commercial property. Notices of Occupancy received after the 10 days shall be effective upon and to the date of receipt of the Notice of Occupancy form The Landlord shall be billed for services by default upon written notice to the City Clerk by a Tenant of their vacancy of the Land lord's property. In order to discontinue service of City utilities, the Landlord or Tenant shall provide information to the City, by use of the Notice of Vacancy form as provided by the city. A copy of Notice of Vacancy received from any Tenant will be sent to the Landlord by the:City. A copy of,Notice',of. Vacancy received from any Landlord will be sent to the Tenant by the City: In the event that a tenancy ends without notice to the City by either the Landlord or Tenant within ten(10) days of any change in occupancy of a residential rental unit or non-c d wellmg.commercial property, the date of bill delinquency shall be considered:the date of vacancy and service shall be considered returned to the Landlord on same date. In the event of unresolved discrepancy in vacancy date for any reason, the City,may determine the date ofbill delinquency to be,the date of vacancy and service shall,be considered returned to:the Landlord on the same date. it +4- im.1 -4"4 r «4.' -'ti M..r Section VI. 'Security Deposits: l'"17 Beginning May 1, 2004, a security;dd posit as set by resolution of the City Council, may be collected by the City from any new tenant of a residential rental unit or any non-dwelling leased commercial property. Said security deposit should accompany the Notice of Occupancy form and be delivered to the City. Upon receipt of the security deposit, the City shall acknowledge the Notice of Occupancy and receipt of the security deposit by providing receipt of same to both the Tenant and the Landlord. When a Tenant gives Notice of Vacancy, the City shall return the security deposit less any unpaid amounts owing by the Tenant, including delinquent utility fees penalties and any other • charges, as may be established under city resolution or ordinance. Existing accounts at the time of the adoption of this ordinance shall not be subject to the payment of a security deposit. However, it is recognized that some tenants may have an existing security deposit, and it shall be governed by the provisions of this ordinance. Section VII. Penalty Provision The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section VIII. Repealer Page 2 of 4 C:\WINDOWS\Temporary Internet Files\OLK6342\ordinance for notice and sec dep only.doc Last printed 4/10/2004 1:07 AM kd Ordinance #2004-266 Page 3 All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. • Section IX. Severability If any section, provision, or part of this ordinance shall be adjudged to be 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 X. Effective Date This ordinance..shall lie"in effect after its`finalpassage, approval, and posting as provided by law. On the 14tgay of April rr 2004,aat,a regular meeting of the Tiffm City Council, Tiffm, Iowa, Councilperson Huedepohl introduced Ordinance No. 20 0 4-2 6 6 , and moved that it be given its first reading. The motion was seconded by Councilperson Gericke $ 2S a r Ayes: Petersen, Gericke,fHuedepohl,LDils and Bartels Nays: Done c4 Five members of the council tbeing,preent and having voted "Aye", Mayor Glen R. Potter declared the'motion carried, and Ordinance No. 2 0 04-266 , was read the first time and discussed and placed on record. - Thereupon, it was moved by Councilperson Huedepohl and seconded by Councilperson Gericke that the laws and rules �. providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No. 2004-266 be placed on its last reading. Ayes: Bartels, Dils, Gerike, Huedepohl, Petersen - Nays: None. Fivemembers of the council being present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and Ordinance No. 2 0 04-266 , was then placed on its last reading and was read the last time. Thereupon, it,was moved by Councilperson Bartels and seconded by Councilperson Dils that Ordinance No. 2 0 0 4-266 be placed upon its final passage and adopted. Ayes: Dils, Petersen, Huedepohl, Gericke and Bartels Nays: None. Page 3 of 4 C:\WINDOWS\Temporary Internet Files\OLK6342\ordinance for notice and sec dep only.doc Last printed 4/10/2004 1:07 AM kd • Ordinance #2004-266 Page 4 Five members of the council being'present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor' declared that Ordinance No. 2 0 0 4-2 6 6 be adopted and signified his approval of same by fixing his signature thereto. Passed by the council on the 1 4 th day of April 2004 and approved by the mayor on the 1 41-gay of Apr.i 1 2004. rt i , , GLEN R. POTTER,Mayor ATTEST: MA' T B. ' I I.t A7, City Clerk I, Clerk of the City of Tiffm, Iowa;,state that an ordinance entitled: AN ORDINANCE ESTABLISHING THE PROCEDURE FOR OBTAINING AND DISCONTINUING CITY UTILITIES SERVICES BY TENANTS AND LANDLORDS REGARDING RESIDENTIAL RENTAL OR NONDWELLING LEASED COMMERCIAL PROPERTIES AND ESTABLISHING THE REQUIREMENT OF SECURITY DEPOSITS FROM TENANTS and_known as No2 n n 4-2 6 6 was duly passed by the council on the 1 4 t-h day of Apr i 1 2004, and signed by the mayor on the • 14 th day of Apr i 1 2004, and published on the 1 9th day of Apri 2004, by posting copies thereof in three public places within the • limits ofthe City of Tiffin, Iowa. That I posted copies of Ordinance No. 2 0 0 4-2 6 6 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin _ 3 t MAR .°k , B:REI I 1 ,$2 ity Clerk 4.1* " Page 4,of C:\WINDOWS\Temporary Internet Files\OLK6342\ordinance for notice and sec dep only.doc Last printed 4/10/2004 1:07 AM kd