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County Code

Black Hawk County, Iowa

BLACK HAWK COUNTY CODE OF ORDINANCES

Codified September 2004

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TABLE OF CONTENTS

Page Title I Administration....................................................................................................... 1 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 General Provisions.................................................................................... 1 County Infractions ................................................................................... 4 Local Option Sales Tax............................................................................. 7 General Relief Program ........................................................................... 8 Veterans Assistance Program ................................................................. 13 Establishing Election Precincts............................................................... 19 Permits And Fees .................................................................................... 25

Title II Building, Agriculture And Land Use ............................................................... 26 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Cattle Facility Tax Exemption ............................................................... 26 Right To Farm ........................................................................................ 28 Uniform Building Code .......................................................................... 31 Vacation of Plats .................................................................................... 33 Contractors Surety Bond......................................................................... 35

Title III Public Safety ..................................................................................................... 37 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Parking Lots ........................................................................................... 37 Litter Control ......................................................................................... 44 Nuisance ................................................................................................. 50 Shock Gun .............................................................................................. 54 Hazardous Substance ............................................................................. 57 Engine Noise Reduction Ordinance ....................................................... 60

Title IV Public Works..................................................................................................... 61 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Garbage, Refuse And Yard Waste ......................................................... 61 Snow And Ice Removal .......................................................................... 64 Rural Water District Rules And Regulations, Washburn ....................... 68 Black Hawk County Plumbing Code...................................................... 75 Regulating Private And Public Sewers, Washburn............................... 105 Sanitary Sewer System Rates And Charges For Use And Service. Washburn .............................................................................................. 115

Appendix A Agricultural Land Preservation And Zoning Ordinance

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Appendix B Subdivision Ordinance

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TITLE I - ADMINISTRATION CHAPTER 1 - GENERAL PROVISIONS

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Definitions Grammatical Interpretation Prohibited Acts Include Causing, Permitting

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Construction Amendment Severability

1-1-1. DEFINITIONS. The following words and phrases whenever used in the Ordinances of the County, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases: A. "Board" means the Board of Supervisors of the County. All its members or all Board persons mean the total number of Board persons provided by the County charter under the general laws of the state; B. "County" means the County of Black Hawk, Iowa; C. "Fiscal Year" means July 1 to June 30. D. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the County; and when appropriate, any and all rules and regulations which may be promulgated hereunder; E. "May" confers a power; F. "Month" means a calendar month; G. "Must" states a requirement; H. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn"; I. J. "Or" may be read "and" and "and" may be read "or" if the sense requires it; "Ordinance" means a law of the County; however, an administrative action, order or directive, may be in the form of a resolution;

K. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land; L. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them; 1

M. "Personal property" includes money, goods, chattels, things in action and evidences of debt; N. "Preceding" and "following" mean next before and next after, respectively; O. "Property" includes real and personal property; P. "Real property" includes any interest in land; Q. "Shall" imposes a duty; R. "State" means the State of Iowa; S. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this County which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state; T. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others; U. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the County; V. "Written" includes printed, typewritten, or electronically transmitted such as facsimile or electronic mail; W. "Year" means a calendar year; X. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Y. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. 1-1-2. GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the County: A. Gender. Any gender includes the other gender; B. Singular and Plural. The singular number includes the plural and the plural includes the singular; C. Tenses. Words used in the present tense include the past and the future tenses and vice versa; D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.

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1-1-3. PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee, which have been authorized by the principal. 1-1-4. CONSTRUCTION. The provisions of this Code and all proceeds under it are to be construed with a view to affect its objects and to promote justice. 1-1-5. AMENDMENT. All Ordinances of the Board of Supervisors passed thereafter shall be in the form of an addition or amendment to the Black Hawk County Code of 1998 constituting this County Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances. 1-1-6. SEVERABILITY. If any section, provision or part of the County Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the County Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.

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TITLE I - ADMINISTRATION CHAPTER 2 - COUNTY INFRACTIONS

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County Infractions Violation Inapplicability of Ordinance Citations Proceedings before the Court Remittance of Penalties or Forfeitures

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Payment of Court Costs Alternative Relief Contempt Post Judgment Motions Criminal Citations

1-2-1. COUNTY INFRACTIONS. Adoption of Iowa Code on County Infractions: Iowa Code Section 331.307, County Infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code Section 331.307 shall automatically modify this section. The civil penalty for a county infraction, other than environmental violations, shall be scheduled as follows: Schedule of Civil Penalties: First Offense ­ Not more than seven hundred fifty dollars ($750.00). All other repeat offenses ­ Not to exceed one thousand dollars ($1,000.00) 1-2-2. VIOLATION. A violation of a Black Hawk County Ordinance is a county infraction unless the Ordinance specifically provides otherwise. 1-2-3. INAPPLICABILITY OF ORDINANCE. If a violation of an Ordinance is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, then this County Infractions Ordinance shall not apply. 1-2-4. CITATIONS. An officer authorized by a county to enforce a county code or regulation may issue a civil citation to a person who commits a county infraction. The citation may be served by personal service or by certified mail, return receipt requested. A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the clerk of the district court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information: A. The name and address of the defendant. B. The name or description of the infraction attested to by the officer issuing the citation. C. The location and time of the infraction. D. The amount of civil penalty to be assessed or the alternate relief sought, or both. E. The manner, location, and time in which the penalty may be paid. 4

F. The time and place of court appearance. G. The penalty for failure to appear in court. 1-2-5. PROCEEDINGS BEFORE THE COURT. In proceedings before the court for a county infraction: A. The county has the burden of proof that the county infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence. B. The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the county and produce evidence or witnesses on the defendant's behalf. C. The defendant may be represented by counsel of the defendant's own selection and at the defendant's own expense. D. The defendant may answer by admitting or denying the infraction. E. If a county infraction is proven, the court shall enter judgment against the defendant. If the infraction is not proven, the court shall dismiss it. 1-2-6. REMITTANCE OF PENALTIES OR FORFEITURES. Notwithstanding Section 602.8106, Sub-Section 3, penalties or forfeitures collected by the court for county infractions shall be remitted to the county in the same manner as fines and forfeitures are remitted to cities for criminal violations under Section 602.8106. If the person named in the citation is served as provided in this Section, and fails without good cause to appear in response to the civil citation, judgment shall be entered against the person cited. 1-2-7. PAYMENT OF COURT COSTS AND FEES. A person, against whom judgment is entered, shall pay court costs and fees as in small claims under Chapter 631. If the action is dismissed, the county is liable for the court costs and court fees. Where the action is disposed of without payment, or provision for assessment of court costs, the clerk shall at once enter judgment for costs against the county. 1-2-8. ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in this section does not preclude a county from seeking alternative relief from the court in the same action. 1-2-9. CONTEMPT. When a judgment has been entered against a defendant, the court may impose a civil penalty or may grant appropriate relief to abate or halt the violation, or both, and the court may direct that payment of the civil penalty be suspended or deferred under conditions established by the court. If a defendant willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, the failure is contempt. 1-2-10. POST JUDGMENT MOTIONS. A defendant against whom a judgment is entered may file a motion for a new trial or a motion for a reversal of a judgment as provided by law or rule of civil procedure.

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1-2-11. CRIMINAL CITATION. This section does not preclude a peace officer of a county from issuing a criminal citation for a violation of a county code or regulation if criminal penalties are also provided for the violation. Each day that a violation occurs or is permitted by the defendant to exist, constitutes a separate offense.

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TITLE I - ADMINISTRATION CHAPTER 3 - LOCAL OPTION SALES TAX

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Local Option Sales and Service Tax Effective Date Existing Ordinance

1-3-1. LOCAL OPTION SALES AND SERVICES TAX. There is imposed a local option sales and services tax applicable to transactions within the incorporated and unincorporated areas of Black Hawk County, Iowa. A. The rate of the tax shall be one percent (1%) upon the gross receipts taxed under Chapter 422, Division IV, of the Iowa Code in the incorporated and unincorporated areas of Black Hawk County, Iowa. B. The local sales and services tax is imposed on transactions occurring on or after October 1, 1999, within Black Hawk County, Iowa. The tax shall be collected by all persons required to collect state gross receipts taxes. However, the tax shall not be imposed on the gross receipts from the sale of motor fuel or special fuel as defined in Chapter 324 of the Iowa Code; on the gross receipts from the rental of rooms, apartments, or sleeping quarters that are taxed under Chapter 422A of the Iowa Code during the period the hotel and motel tax is imposed; on the gross receipts from the sale of natural gas or electric energy in a city or county where the gross receipts are subject to a franchise fee or user fee during the period the franchise or user fee is imposed; on the gross receipts from the sale of a lottery ticket or share in a lottery game conducted pursuant to Chapter 99E of the Iowa Code; or on the sale or rental of tangible personal property described in Section 422.45, Sub-sections 26 and 27 of the Iowa Code. C. All applicable provisions of the appropriate sections of Chapter 422, Division IV, of the Iowa Code are adopted by reference. 1-3-2. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Said tax will be repealed September 30, 2009, without election, except in the City of La Porte City, and the City of Janesville, which lies within Black Hawk County, where the tax will be repealed December 31, 2012 without election. 1-3-3. EXISTING ORDINANCE. Upon passage of this Ordinance, all previous Local Option Sales and Services Tax Ordinances are repealed, including specifically Black Hawk County Ordinance No. 26, No. 29, No. 36, No. 44 and No. 57.

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TITLE I - ADMINISTRATION CHAPTER 4 - GENERAL RELIEF PROGRAM

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Categories Definitions Form Eligibility Level of Benefits Requirements for Receiving Relief Relief of an Extended Nature

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Application for Relief Initial Determination Appeal Appeal Hearings Actions Additional Provisions

1-4-1. CATEGORIES. There shall be three (3) categories of general relief in Black Hawk County, Iowa. They are: A. Emergency relief for needy persons; B. Relief for poor persons; and C. Relief of an extended nature. 1-4-2. DEFINITIONS. For use in this Ordinance, certain terms or words used herein shall be interpreted or defined as follows: A. "Needy Person" is a person or family unit of that person and is domiciled in Black Hawk County, Iowa, or who is a transient in the County for less than three (3) days and who, because of circumstances, which are not attributable to that person, needs immediate relief. B. "Poor Person" is a person or the family unit of that person and is domiciled in Black Hawk County, Iowa, and who, because of a physical or mental disability, is unable to engage in gainful employment and otherwise cannot make a living. C. "Relief" means food, rent, shelter, clothing, transportation, emergency telephone service, fuel, lights and medical attention. Food does not include cigarettes or alcoholic beverages but does include laundry soap, household cleaners, and other items of nonfood nature used for personal hygiene. "Relief" also includes provisions of any of the above items by the General Relief Director or the Board of Supervisors through the offering of residence at a care facility or the County Care Facility. "Relief" shall also include the burial of persons who are residents of Black Hawk County in an amount established by the Board of Supervisors. D. "Net Worth" includes income or monies from any source, monies due, savings and other deposits, stocks, bonds, real estate (other than homestead), cash value of life insurance policies, jewelry, and the value of all other real and personal property, but it excludes clothing, wedding rings, usual household furniture, bedding, towels and similar equipment, and one automobile in amount not to exceed the policy adopted by the Board of Supervisors. E. "Family Unit" means the individual applying and all members of the immediate family (spouse, children under eighteen (18) years of age, children over eighteen (18) years of age who are 8

dependent upon the applicant, and anyone else who is a dependent of the applicant for Federal Tax purposes) as long as they reside with the applicant as a family unit. F. "Liquid Assets" means cash or any other item of net worth of the family unit that can be readily converted to cash within seven (7) days. G. "Awaiting Approval and Receipt" means a poor person who has applied for assistance under any state or federal law; who has pursued that application with due diligence; and who has not had that application denied. This does not include an appeal of a denial of benefits. It does include a person who has had an application denied and who reapplies after thirty (30) days from the date of denial. H. "Director" shall mean the General County Relief Director. 1-4-3. FORM. The relief shall be purchased directly from the supplier for the applicant or the family unit. It may be for one or more of the items of relief that can be provided. 1-4-4. ELIGIBILITY. A. Emergency relief is to be provided to a needy, poor, indigent person or veteran who is in need of immediate relief, cannot obtain relief from any other source, and whose income or benefits from a state or federal program has been delayed or not actually received by the person because of reasons not attributable to that person and who does not have liquid assets of the family unit from which to pay for the items of relief that can be provided. B. Applicants, who are found to have income less than the standards established by the State Department of Social services and those guidelines used by the Community Services Administration, shall generally be considered eligible for temporary emergency assistance. C. Assistance can be provided to other persons who are in need of immediate assistance and do not have liquid assets of his or her family unit from which to pay for items of assistance that can be provided. 1-4-5. LEVEL OF BENEFITS. The maximum level of benefits to be provided for each item of relief for each person or their family unit shall be: A. Food, if food stamps have not been received, at the level of guidelines for food stamps; B. Rent and shelter, the reasonable rental value not to exceed an amount established by the Board of Supervisors; C. Clothing, the reasonable value of clothing actually needed if not immediately available from other sources; D. Heat, light, and water, the amount needed to provide these services and supplies; E. Medical, dental services, and prescriptions, the reasonable value of these services actually needed as shown by a statement from a physician, dentist, or optician;

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F. Transportation expenses, including gasoline, as needed to obtain other benefits or seek employment, provided that proof of application for benefits or employment is provided to the Director. Benefits will also be provided as set forth in the policy for the Department under this Ordinance; G. If a person lives in a rural area and the nearest neighbor is too distant to reach in the event of an emergency, or has a medical necessity, the monthly cost of one telephone is to be allowed. Long distance telephone charges for other than medical emergencies shall not be allowed or provided; H. The maximum limitation for any one person per year for the above benefits shall be an amount set by the Board of Supervisors of Black Hawk County. The total amount of all of the items of relief needed at any one time shall be determined, and there shall be deducted the amount of liquid assets the person or the family unit have available, and the balance remaining is the amount of relief benefits the person is to receive. If the person, except for reasons not attributable to that person fails to repay the value of the benefits received, if agreed, he or she shall be disqualified from receiving future benefits. The Board of Supervisors may, upon application, waive the repayment of all or some of the benefits provided on the same basis as it may waive payment of property taxes. 1-4-6. REQUIREMENTS FOR RECEIVING RELIEF. An applicant who is not needed in the home to care for minor children shall immediately register for employment with Job Service of Iowa and otherwise actively seek employment. The applicant shall seek and accept any reasonable employment whether or not it is suitable employment under the guidelines of the Job Service of Iowa. A refusal or failure to actively seek employment, or a refusal or failure to accept reasonable employment offered, shall disqualify the applicant from receiving future assistance/relief. The applicant may be required to provide reasonable proof that he or she is actively seeking employment. 1-4-7. RELIEF OF AN EXTENDED NATURE. It is contemplated that items of relief to be provided to applicants or their family units will not, during any one consecutive period of time, exceed the Department's policies adopted by the Board of Supervisors. If it appears that items of assistance should be provided continuously beyond the established time period, they will be provided by placement in the County Residential Care Facility, if available, unless it is determined by the Director that it is better for the applicant to continue to receive items of assistance on a month-bymonth basis. 1-4-8. APPLICATION FOR RELIEF. Applications for relief shall be submitted to the Director of Relief at his or her office in Waterloo, Iowa, during usual business hours upon forms provided by the Director. If, because of undue hardship, an applicant cannot come to the office, the Director shall mail such application form or deliver to such person the application. If the applicant or the family unit is, or appears to be, eligible for relief from any other federal, state, or local source, the Director shall immediately refer the applicant to that source. It shall be the obligation of the applicant to immediately make application to that source and pursue such application with due diligence as a condition to be eligible for further relief under this Ordinance. It is the obligation of each person applying to establish his or her eligibility for any category of general relief and need for any item of relief. If requested, the person applying shall provide the Director with a verified statement of net worth, federal and state income tax returns for the past five (5) years, medical reports, medical authorization, and anything else requested by the Director that bears upon the applicant's eligibility and need for relief. The Director may also require, upon approval of the 10

Board that the applicant submit to a physical or mental examination to determine applicant's capacity to labor. The Director shall also receive anything that the applicant applying desires to submit to establish his or her eligibility or need to include statements or letters, medical reports, and other written documents as well as the verbal statements of the applicant. The Director shall then proceed to conduct a reasonable investigation concerning the applicant's eligibility and needs. The applicant's file and the investigation and findings of the Director shall be made available to the applicant, upon request, or to the applicant's attorney by written authorization. 1-4-9. INITIAL DETERMINATION. A. The Director shall make an initial determination of the eligibility and needs of the applicant within five (5) working days of the receipt of the application. Upon the determination, the Director shall notify the applicant by telephone immediately, if possible, and within five (5) working days after that determination, mail to the applicant at the last address shown on the application, by ordinary mail, the Director's written decision showing the reasons for the determination and the statutes or ordinances applied, together with the specific benefits and their amounts to which the applicant is entitled. B. If the Director cannot make the initial determination within five (5) working days, the Director shall immediately inform the applicant, by telephone, if possible, of the reasons why such determination cannot be made. The Director shall also mail to the applicant, by ordinary mail, within five (5) working days thereafter, the Director's written decision showing the reasons why such determination could not be made. C. If an applicant has been previously found eligible, the Director need not receive a new application, but may proceed to a determination of whether or not current relief is warranted. Notice and mailing of such determination shall be as provided above. If an emergency and immediate need are present, the Director may verbally authorize a supplier or vendor to furnish any item of relief for the benefit of the applicant and the amount allowed for such benefit. The Director shall inform the applicant and issue a written decision as provided above. D. Whenever an applicant is found eligible and entitled to relief, the Director shall proceed to provide the same and notify the Board of Supervisors. 1-4-10. APPEAL. A. Every applicant, whether granted relief or not, shall be informed in the Director's written decision of the applicant's right to appeal from such decision to the Board of Supervisors. The applicant shall be informed (1) of the method by which an appeal may be taken, and (2) that he or she may represent him or herself, or may be represented by an attorney. B. Any written appeal or communication to the Director by or on behalf of an applicant requesting appeal of the Director's determination, shall be taken by the Director and put immediately upon the Board of Supervisors' agenda, in accordance with Chapter 21, Code of Iowa, for the next regular Board meeting, provided that such appeal shall not be heard sooner than five (5) days after appeal is taken. The written appeal or communication must be made to the Director within ten (10) days of the Director's determination, provide applicant's current address and telephone number, and state the reasons for the appeal. The applicant shall be informed immediately, by telephone and by ordinary mail, of the date and time of the hearing before the Board. Applicant 11

and his or her attorney, upon written authorization, shall be granted access by the Director to his or her relief case file if request is made. 1-4-11. APPEAL HEARINGS. A. The Board of Supervisors shall hear applicant's appeal de novo at the time scheduled in the agenda unless continuance is requested by the applicant. Applicant shall be permitted to present whatever evidence is desired in support of the appeal, including: testifying, having other witnesses testify, offering documentary evidence and/or reasonable cross examination of other witnesses, if present. The technical rules of evidence shall not apply. The Board may set reasonable times for the present action of the parties at any appeal. The applicant's file shall be admitted into evidence. The Board may question the applicant, and the Director shall present the Board with the reasons for the determination. The appeal will be tape-recorded. The hearing before the Board will not be an open meeting under Chapter 21, Code of Iowa, since the confidential files of the applicant will be in evidence. When the Board deliberates the appeal, no parties shall be present. B. The Board shall make a decision on the appeal within five (5) working days. The Board's decision shall be only on the basis of the evidence submitted before the Board. The applicant shall be informed immediately by telephone of the decision, and within four (4) working days thereafter, the Board shall mail to the applicant at his or her last known address, by ordinary mail, its decision in writing. The decision shall state the reasons for the action together with any statute or ordinance applied. The Board's decision shall also state that an appeal may be taken from the Board's determination, as provided below, and the method by which such appeal may be taken. C. Any appeal to the district court shall be allowed by the applicant from the Board's decision within the time and by the manner and procedures established under the Iowa Administrative Procedures Act, Chapter 17A, Code of Iowa. 1-4-12. ACTIONS. In the event the Board of Supervisors, in reviewing the actions of the Director of Relief, questions any allowance of relief benefits allowed by the Director, it shall take no action concerning such allowance until it conducts a hearing. This hearing, the reasons for it and notification to the applicant shall be given in the same manner as if the applicant had taken an appeal. This hearing shall proceed in the same manner as an appeal from the Director's determination. 1-4-13. ADDITIONAL PROVISIONS. The Director may allow, upon application, the additional benefits provided for in Chapter 252, Code of Iowa. The provisions of Chapter 252.13, Code of Iowa, for repayment of benefits to Black Hawk County, are applicable and the applicant shall acknowledge the same in writing. Recipients of relief may further be required to work for the County as a condition of receipt of such benefits as required in Section 252.7 and 252.42, Code of Iowa. Benefits provided a recipient may be further a claim against the homestead of a recipient and a claim in probate, as provided by law.

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TITLE I - ADMINISTRATION CHAPTER 5 - VETERANS ASSISTANCE PROGRAM

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Categories Definitions Application Requirements Form Eligibility of Indigent Veterans Level of Benefits Requirements for Receiving Relief

1-5-8 1-5-9 1-5-10 1-5-11 1-5-12 1-5-13 1-5-14

Assistance of an Extended Nature Application for Assistance Initial Determination Appeal Appeal Hearings Actions of the commission Implementation

1-5-1. CATEGORIES. There shall be two categories of veterans' assistance in Black Hawk County, Iowa. They are: A. Emergency assistance for indigent veterans and/or eligible spouse and/or eligible dependents. B. Assistance of an extended nature for indigent veterans and/or eligible spouse and/or eligible dependents. 1-5-2. DEFINITIONS. For use in this Ordinance, certain terms or words used herein shall be interpreted or defined as follows: A. "Veteran" means a person who was discharged from the United States Military Service under honorable conditions and has served on active duty for one hundred eighty (180) continuous days, for World War II, the Korean Conflict and the Vietnam Conflict, or ninety (90) continuous days for World War I unless discharged with less service for a service connected disability, during the following wars and within and including the dates set forth and any other war periods defined by the Congress of the United States: 1. 2. 3. 4. World War I - April 6, 1917 to November 11, 1918. World War II - December 7, 1941 to December 31, 1946. Korean Conflict - June 25, 1950 to January 31, 1955. Vietnam Conflict - December 22, 1961 to May 7, 1975.

B. "Indigent Veteran" is a veteran or the family unit of that veteran who is domiciled in Black Hawk County, Iowa, who meets the requirements of Section 5 and needs immediate assistance. C. "Assistance" means food, shelter, utilities, clothing, transportation, burial, emergency telephone service, and emergency medical attention. Food does not include cigarettes or alcoholic beverages but does include laundry soap, household cleaners, and other items of non-food nature used for personal hygiene. "Assistance" also includes provisions of any of the above items of assistance by the Commission through the offering of residence at a care facility. Burial assistance will be provided in an amount established by the Board of Supervisors. D. "Net Worth" includes income or monies from any source, including, but not limited too: monies due, savings, and other deposits, stocks, bonds, real estate (other than homestead) and cash value of life insurance policies. 13

E. "Family Unit" means the individual veteran applying and all eligible members of the immediate family including spouse and minor children of the veteran, not over twenty one (21) years of age and still in high school who are dependent upon the veteran for food, care and shelter and who resides with the veteran as a family unit member. In case the veteran is deceased, "Family Unit" shall mean the veteran's surviving spouse who has not remarried, and all eligible members of the immediate family including minor children of the deceased veteran not over twenty one (21) years of age who are dependent upon the surviving spouse for food, care and shelter and who resides with the surviving spouse as a family unit member. F. "Liquid Assets" means cash on hand, checking, saving, and other similar accounts of the veteran and/or spouse. G. "Awaiting Approval and Receipt" means an indigent veteran and/or spouse who has applied for assistance under any state or federal law; who has pursued that application with due diligence, and who has not had that application denied. H. The use of the term "Commission" shall mean the Black Hawk County Commission of Veteran Affairs. I. The use of the term "Director" shall mean the Black Hawk County Executive Director of Veteran Affairs. The use of the term "Designated Employee" shall mean any employee of the Black Hawk County Veteran Affairs Office given the authority to approve and/or deny assistance. This authority can come from either the Commission and/or the Director.

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1-5-3. APPLICATION REQUIREMENTS. In applying for benefits, the veteran must submit to the Veterans Affairs Office with the application, the following: A. DD Form 214 ­ "Report of Separation from the Armed Forces". B. Certificate of marriage, if applicable. C. Child or children's birth certificate(s), if applicable and for those under twenty-one (21) years of age or younger. D. Social Security card(s). In lieu of certificate of Marriage, children's birth certificate(s), and Social Security Card(s), the veteran may provide a copy of his or her latest federal income tax return showing the same information. However, when application is made by a surviving spouse, a Certificate of Marriage must be submitted along with birth certificate(s) of any minor children claimed as the veteran's children. 1-5-4. FORM. The assistance shall be purchased directly by the Veteran Affairs Office from the designated supplier for the applicant or the family unit. One or more of the items of assistance can be provided.

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1-5-5. ELIGIBILITY OF INDIGENT VETERANS. A. Emergency assistance is to be provided an indigent veteran who is in need of immediate assistance, who cannot obtain assistance from any other source, and whose income or benefits from a state or federal program has been delayed or not actually received by the applicant and who does not have liquid assets in the family unit from which to pay for the items of assistance that can be provided. B. Assistance may be granted to applicants who are eligible for, and are awaiting approval and receipt of, benefits under programs provided by state or federal laws, or whose actual needs, as defined within the limitations imposed by this Ordinance, cannot be fully met by the assistance furnished under such programs. 1-5-6. LEVEL OF BENEFITS. The maximum level of benefits to be provided for each item of assistance for each veteran or that veteran's family unit shall be as follows: A. Food. If food stamps have not been received, at the level of guidelines for food stamps. B. Shelter. May mean rent or interest toward mortgage payment. The established rental value or the interest portion is not to exceed the maximum established by the Commission. C. Clothing. The reasonable value of clothing actually needed if not available from other sources. D. Heat, Light, And Water. The amount actually needed to provide these services not to exceed the maximum established by the Commission, and determined unavailable from other sources. E. Medical, Dental Services, And Prescriptions. The maximum established by the Commission and not available from other sources. F. Transportation. Arrangements and/or expenses, including gasoline as needed to transport to VA Medical Center or seek employment, provided that proof of application for benefits or employment is provided to the Veteran Affairs Office. G. Telephone. If a veteran lives in a rural area and the nearest neighbor is too distant to reach in the event of an emergency, or has a medical necessity, the monthly cost of one telephone is to be allowed. Long distance telephone charges for other than medical emergencies shall not be allowed or provided. The total amount of all of the items of assistance needed, at any one time, shall be determined, and there shall be deducted the amount of liquid assets the veteran or the family unit have available, and the balance remaining is the amount of assistance the indigent veteran is to receive. 1-5-7. REQUIREMENTS FOR RECEIVING RELIEF. An indigent veteran and/or spouse who is not needed in the home to care for minor children, shall immediately register for employment with Job Service of Iowa and otherwise actively seek employment. The indigent veteran and/or spouse shall seek and accept any reasonable employment whether or not it is suitable employment under the guidelines of Job Service of Iowa. A refusal or failure to actively seek employment or refusal or failure to accept reasonable employment offered shall disqualify the indigent veteran and/or spouse from receiving future benefits. The indigent veteran and/or spouse may be required to provide reasonable proof that employment is being actively sought. 15

1-5-8. ASSISTANCE OF AN EXTENDED NATURE. It is contemplated that items of assistance to be provided to an indigent veteran or their family unit will not, during any one consecutive period of time, exceed the policies adopted by the Commission. If it appears that items of assistance should be provided continuously beyond the established time period, the Commission may determine that it is better for the family unit of the indigent veteran to continue to receive items of assistance on a month by month basis. 1-5-9. APPLICATION FOR ASSISTANCE. Applications for assistance shall be submitted by indigent veterans and/or their spouse to the Director or a designated employee at the Black Hawk County Veteran Affairs Office in Black Hawk County, Iowa, during usual business hours, upon forms provided by the office. If, because of undue hardship, an indigent veteran and/or spouse cannot come to the Veteran Affairs Office, the office shall mail such veteran and/or spouse an application form. If the veteran or the family unit is, or appears to be, eligible for assistance from any other federal, state or local source, the Director or a designated employee shall immediately refer the applicant to that source. It shall be the obligation of the applicant to immediately make application to that source and pursue such application with due diligence as a condition to be eligible for further relief under this Ordinance. It is the obligation of each applicant applying to establish eligibility for any category of veteran's assistance, and need for any item of assistance. If requested, the veteran and/or spouse applying shall provide the office with a verified statement of net worth, federal and state income tax returns for the past year, medical reports, medical authorization, and anything else requested by the office that bears upon the applicant's eligibility and need for assistance. The office may also require that the applicant submit to a physical or mental examination to determine the applicant's capacity to labor. The office shall also receive anything that the veteran and/or spouse applying desires to submit to establish his or her eligibility or need to include statements or letters, medical reports, and other written documents as well as the verbal statements concerning the applicant's eligibility and needs. The applicant's file and the investigation and findings of the office shall be made available to the applicant, upon request, or to the applicant's attorney by written authorization. 1-5-10. INITIAL DETERMINATION. A. The Director or a designated employee shall make an initial determination of the eligibility and needs of the applicant within ten working days after receiving the application. Upon the initial determination, the Director or designated employee shall notify the applicant in person, by telephone or by ordinary mail within ten (10) working days. The Director or designated employee may issue a written decision showing the reasons for determination and the statutes or ordinances applied together with the specific benefits and their amounts to which the applicant is entitled, upon written request of the applicant. B. If the Director or a designated employee cannot make the initial determination within ten (10) working days, the office shall notify the applicant in person, by telephone, or by ordinary mail within ten (10) working days. The Director or designated employee may issue a written decision showing the reasons why such determination could not be made upon written request of the applicant. C. If an applicant has been previously found eligible, the office need not receive a new application, but may proceed to a determination of whether or not current relief is warranted. If an emergency and immediate need is present, the Director or a designated employee may authorize a supplier or vendor to furnish any item of assistance for the benefit of the applicant and the amount allowed 16

for such benefit. The Director or designated employee may inform the applicant in person, by telephone, or by ordinary mail upon written request of the applicant. 1-5-11. APPEAL. A. Every applicant, whether relief is denied in whole or in part, shall be informed in person, by telephone, or by ordinary mail the applicant's right to appeal such decision. The applicant shall be informed of the method and time by which an appeal may be taken. B. Any written appeal or communication to the Director or a designated employee, by or on behalf of an applicant requesting an appeal, shall be accepted by the Director or designated employee. This appeal must be made within ten (10) working days of the date of the decision, provide applicant's current address and telephone number, and state the reasons for the appeal. The applicant shall be informed immediately in person, by telephone, or by ordinary mail of the time and date of the hearing for the appeal. The applicant and his or her attorney, upon written authorization, should be granted access to his or her case file if requested. C. If a designated employee made the decision from which the appeal is taken, the appeal shall be to the Director. The appeal shall be heard at the Director's next appointment opening. D. If the Director made the decision from which the appeal is taken, the appeal shall be to the Commission. Public Notice of the appeal before the Commission shall be made and posted as required by Iowa Code Chapter 21. The appeal shall be heard before the Commission at its next regularly scheduled monthly meeting. Any appeal taken before the Commission shall be closed pursuant Iowa Code Section 21.5(1)(a)(1987) because the identity and particulars of the case are confidential under Iowa Code Section 250.10 and 250.12 (1987). 1-5-12. APPEAL HEARINGS. A. An applicant's appeal shall be heard 'de novo' at the time scheduled in the agenda unless a continuance is requested by the applicant. Applicant shall be permitted to present whatever evidence they desire in support of the appeal, including testimony, having other witnesses testify, offering documentary evidence, and reasonable cross examination of other witnesses, if present. The technical rules of evidence shall not apply. The Commission may set reasonable times for the presentation of the parties at any appeal. The applicant's file shall be admitted into evidence. The Commission may question the applicant. The appeal will be tape-recorded. When the Commission deliberates on the appeal, no parties shall be present. B. The Commission shall make a decision on the appeal within ten (10) working days. The decision shall be only on the basis of the evidence submitted. The applicant shall be informed immediately in person, by telephone, or by ordinary mail of the decision, to the applicant's last known address, if requested. The decision shall state the reasons for action, together with any statute or ordinance applied. The decision of the Commission shall be final. 1-5-13. ACTIONS of THE COMMISSION. In the event the Commission, in reviewing the actions of the Director or a designated employee, questions any allowance of assistance benefits, it shall not take action concerning such allowance until it conducts a hearing. This hearing, the reasons for it, and notification to the applicant, shall be given in the same manner as if the applicant has taken an appeal. This hearing shall proceed in the same manner as an appeal from the Director to the Commission. 17

1-5-14. IMPLEMENTATION. This Ordinance shall be implemented by a uniform policy adopted by the Commission.

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TITLE I ADMINISTRATION CHAPTER 6 ­ ESTABLISHING ELECTION PRECINCTS (Ordinance 61)

1-6-1 1-6-2 1-6-3

Purpose Boundaries Certification by Secretary of State

1-6-4 1-6-5 1-6-6

Public Hearing Required Effective Date Additional Publication Notice

1-6-1. PURPOSE. Establishing the election precincts in all unincorporated areas of Black Hawk County, Iowa. 1-6-2. BOUNDARIES OF UNINCORPORATED AREAS TO BE FIXED BY THE BOARD OF SUPERVISORS. Precincts established as provided by Chapter 49, Division IV, of the Iowa Code, shall be used for all elections, except where temporary merger of established precincts is specifically permitted by law for certain elections and no political subdivision shall concurrently maintain different sets of precincts for use in different types of elections. A. No precinct shall have a total population in excess of three thousand five hundred, as shown by the most recent federal decennial census. B. Each precinct is contained wholly within an existing legislative district. C. Precincts shall be composed of contiguous territory within a single county. The boundaries of all precincts shall follow the boundaries of areas for which official population figures are available from the most recent federal decennial census. D. All election districts shall be drawn to standards of Chapter 49. 1-6-3. CERTIFICATION TO SECRETARY OF STATE. County plans must be postmarked on or before Monday, October 15, 2001 and submitted to the Secretary of State. The boundaries of all precincts in the unincorporated areas of Black Hawk County shall be established and defined as set forth: A. Barclay/Dunkerton Precinct shall consist of Barclay Township, which is bounded by a line commencing at the intersection of Black Hawk - Buchanan Avenue and East Big Rock Road and proceeding south along Black Hawk - Buchanan Avenue until it intersects Dubuque Road, then proceeding west along Dubuque Road until it intersects South Ordway Road, then proceeding north along South Ordway Road or its northern extension until it intersects North Ordway Road, then proceeding north along North Ordway Road until it intersects East Big Rock Road, then proceeding east along East Big Rock Road to the point of origin. This precinct shall also consist of the City of Dunkerton which is contiguous to Barclay Township. B. Bennington Precinct shall consist of Bennington Township, which is bounded by a line commencing at the intersection of Moline Road and East Marquis Road and proceeding east along East Marquis Road until it intersects the northern extension of North Ordway Road, then 19

proceeding south along North Ordway Road and its extensions until it intersects with East Big Rock Road, then proceeding west along East Big Rock Road until it intersects, Moline Road, then proceeding north along Moline Road to the point of origin. C. Big Creek/Spring Creek Precinct shall consist of Big Creek Township, which is bounded by a line commencing at the intersection of Dysart Road and East Eagle Road and proceeding east along East Eagle Road until it intersects the Cedar River, then proceeding along the Cedar River in a southeasterly manner until it intersects South Black Hawk - Buchanan Avenue, then proceeding south along South Black Hawk - Buchanan Avenue until it intersects with the southerly boundary of Black Hawk County then proceeding west along the southern boundary of Black Hawk County until it intersects Dysart Road, then proceeding north along Dysart Road to the point of origin. This precinct shall also consist of Spring Creek Township which is bounded by a line commencing at the intersection of the due north extension of South Black Hawk ­ Buchanan Avenue and Jubilee Road and proceeding west along Jubilee Road until it intersects McStay Road, then proceeding south along McStay Road and its extension until the southerly extension of McStay Road intersects the Cedar River proceeding southeasterly along the Cedar River until it intersects South Black Hawk ­ Buchanan Avenue, then proceeding north along South Black Hawk ­ Buchanan Avenue and its due north extension to the point of origin. In accordance with Chapter 49.6 this precinct shall include the incorporated City of La Porte City. Also, in accordance with Chapter 49.11 this precinct will include the Townships of Big Creek and Spring Creek. D. Black Hawk Precinct shall consist of Black Hawk Township, which is bounded by a line commencing at the intersection of Acker Road and Petrie Road and proceeding west along Petrie Road and its western extension until it intersects Grundy Road, then proceeding north along Grundy Road until it intersects West Ridgeway Avenue, then proceeding east along West Ridgeway Avenue until it intersects the corporate limits of the City of Cedar Falls, then proceeding south along the corporate limits of the City of Cedar Falls until it intersects the corporate limits of the City of Hudson, then proceeding east along the corporate limits of the City of Hudson until it intersects the corporate limits of the City of Waterloo, then proceeding first south and then east along the corporate limits of the City of Waterloo until it intersects Acker Road, and then proceeding south along Acker Road to the point of origin. In accordance with Chapter 49.6 this precinct shall include the incorporated City of Hudson. E. Cedar Precinct shall consist of Cedar Township, which is bounded by a line commencing at the intersection of East Eagle Road and Dysart Road and proceeding north along Dysart Road until it intersects the corporate limits of the City of Waterloo, then proceeding first east and then in a counter clockwise manner along the corporate limits of the City of Waterloo until it intersects the Cedar River, then proceeding southeasterly along the Cedar River until it intersects the eastern extension of East Eagle Road, then proceeding west along the eastern extension of East Eagle Road and East Eagle Road to the point of origin. F. Cedar Falls Ward 3 Precinct 2/Cedar Falls Precinct 1 shall consist of Cedar Falls Township, which is bounded by a line commencing at the intersection of North Butler Road and Westbrook Road and proceeding east along Westbrook Road until it intersects the corporate limits of the City of Cedar Falls, then proceeding south and then east and then south along the corporate limits of the City of Cedar Falls until it intersects West Ridgeway Avenue, then proceeding west along 20

West Ridgeway Avenue to its intersection with University Avenue, then proceeding west on University Avenue until it intersects South Butler Road, then proceeding north along South Butler Road until it intersects North Butler Road, then proceeding north along North Butler Road to the point of origin. Cedar Falls Township also includes a parcel of unincorporated land between Waterloo and Cedar Falls bounded by a line commencing at the SE corner of the NE quarter of the NE quarter of Section 7, Township 89, Range 13, and the boundary line between the corporate limits of the cities of Waterloo and Cedar Falls and proceeding due south from the point until it intersects the Cedar River where it marks the corporate limits of the City of Cedar Falls, then proceeding first southwesterly and then in a clockwise manner along the corporate limits of the City of Cedar Falls to the point of origin. In accordance with Chapter 49.6 this precinct will include Ward 3, Precinct 2 of the City of Cedar Falls, which is contiguous to Cedar Falls Township. G. Eagle/Orange Precinct shall consist of Eagle Township, which is bounded by a line commencing at the intersection of Dysart Road and southerly boarder of Black Hawk County and proceeding west along the southerly boarder of Black Hawk County until it intersects with Acker Road, then proceeding north on Acker Road until it intersects Petrie Road, then proceeding east on Petrie Road and its eastern extension until it intersects with Dysart Road, then proceeding south to the point of origin. This precinct shall also consist of Orange Township, which is bounded by a line commencing at the intersection of Acker Road and Petrie Road and proceeding east along Petrie Road and its eastern extension until it intersects Dysart Road, then proceeding north along Dysart Road until it intersects the corporate limits of the City of Waterloo, then proceeding first west and then in a clockwise manner along the corporate limits of the City of Waterloo until it intersects Acker Road, then proceeding south along Acker Road to the point of origin. Also, in accordance with Chapter 49.11 this precinct will include the Townships of Eagle and Orange. H. Lester Precinct shall consist of Lester Township, which is bounded by a line commencing at the intersection of East Marquis Road and Black Hawk - Buchanan Avenue and proceeding south along Black Hawk - Buchanan Avenue until it intersects East Big Rock Road, then proceeding west along East Big Rock Road until it intersects the most south easterly corporate limits of the City of Dunkerton, then proceeding north along the eastern corporate limits of the City of Dunkerton and continuing along those corporate limits in a counter clockwise direction until the corporate city limit line intersects with East Big Rock Road, then west on East Big Rock Road until it intersects North Ordway Road, then proceeding north along the extensions of North Ordway Road until it intersects East Marquis Road, then proceeding east along East Marquis Road to the point of origin. This precinct does not include the City of Dunkerton. I. Lincoln Precinct shall consist of Lincoln Township, which is bounded by a line commencing at the intersection of Acker Road and Petrie Road and proceeding west along Petrie Road and its western extension until it intersects Grundy Road, then proceeding south along Grundy Road until it intersects the southerly Black Hawk County boundary, then proceeding east along the Black Hawk County boundary until it intersects Acker road, then proceeding north along Acker Road to the point of origin. 21

J.

Mt Vernon Precinct shall consist of Mt. Vernon Township, which is bounded by a line commencing at the intersection of West Marquis Road and Big Woods Road and proceeding south along Big Woods Road until it intersects the corporate limits of the City of Cedar Falls, then proceeding first east and then south along the corporate limits of the City of Cedar Falls until it intersects the corporate limits of the City of Waterloo, then proceeding first east and then in a clockwise manner along the corporate limits of the City of Waterloo until it intersects East Big Rock Road, then proceeding east along East Big Rock Road until it intersects Moline Road, then proceeding north along Moline Road until it intersects East Marquis Road, then proceeding west along East Marquis Road until it intersects West Marquis Road, then proceeding west along West Marquis Road to the point of origin.

K. Poyner Precinct One/East Waterloo Precinct 1 shall commence at the intersection of North Ordway Road and East Big Rock Road and proceed west along East Big Rock Road until it intersects the eastern corporate limits of Waterloo City, thence proceeding south and easterly in a clockwise manner following the corporate limit lines of Waterloo until the line intersects with the corporate limits of Elk Run Heights, then north, east and southeasterly in a clockwise manner following the corporate limits of Elk Run Heights until the line intersects with the corporate limits of Evansdale, then proceeding first southeast and then in a clockwise manner along the corporate limits of the City of Evansdale until it intersects Gilbertville Road, then proceeding southeasterly along Gilbertville Road until it intersects Indian Creek Road, then proceeding east until Indian Creek Road intersects McStay Road, then proceeding north on McStay Road until it intersects Dubuque Road, then proceeding west on Dubuque Road until it intersects South Ordway Road, then proceeding north along South Ordway Road and its northern extension until it intersects North Ordway Road, then proceeding north along North Ordway Road to the point of origin. This precinct shall also include East Waterloo Township (northern segment), which is bounded by a line commencing at the intersection of the corporate limits of the City of Waterloo and East Big Rock Road and proceeding east along East Big Rock Road until it intersects the north quarter corner of Section 3, Township 89, Range 12, then proceeding due south from this point until it intersects with the City limits of the City of Waterloo, then proceeding in a counter clockwise manner following the Waterloo city limits first westerly, then northerly, then westerly, then northerly, then westerly, then northerly to the point of origin. And, East Waterloo Township (southern segment) which is bounded by a line commencing at a point where corporate limits of the City of Waterloo meet the western boundary line of Poyner Township, Precinct 1 in Section 22, Township 89, Range 12 and then proceeding due south until this line intersects with the corporate limits of the City of Raymond, then proceed west following the corporate limits of the City of Raymond, until its corporate limits intersect with the corporate limits of the City of Elk Run Heights, then continuing westerly along the corporate limits of the C4 of Elk Run Heights until its corporate limits intersect with the corporate limits of the City of Evansdale, then continuing westerly along the corporate limits of the City of Evansdale until its corporate limits intersect with the City of Waterloo, then following the corporate limits of the City of Waterloo in a counter clockwise manner along the corporate limits of the City of Waterloo to the point of origin. The third segment of East Waterloo Township also includes a parcel of unincorporated land between Waterloo and Cedar Falls bounded by a line commencing at the SW corner of the NW quarter of the NW quarter of Section 8, Township 89, Range 13 and the boundary line between 22

the corporate limits of the cities of Waterloo and Cedar Falls and proceeding due south from this point until it intersects the Cedar River where it marks the corporate limits of the City of Waterloo, then in a counter clockwise manner along the corporate limits of the City of Waterloo to the point of origin. In accordance with Chapter 49.11 this precinct will include Townships Poyner, Precinct One and East Waterloo. L. Poyner Precinct Two/Fox Precinct shall consist of that portion of Poyner township bounded by a line commencing at the point Gilbertville Road intersects the east corporate limit of the city of Evansdale immediately to the south of Interstate 380, then proceeding southeasterly along Gilbertville Road until it intersects Indian Creek road then proceeding east along Indian Creek road until it intersects the east boundary of Poyner township, then proceeding first south and then in a clockwise manner along the boundary of Poyner township to the point of origin. This precinct shall also include Fox Township, which is bounded by a line commencing at the intersection of McStay Road and Dubuque Road and proceeding east along Dubuque Road until it intersects Wooster Road, then proceeding south along Wooster Road and its southern extension until it intersects Jubilee Road, then proceeding west along Jubilee Road until it intersects McStay Road, then proceeding north along McStay Road or its extension to the point of origin. M. Union Precinct shall consist of Union Township, which is bounded by a line commencing at the intersection of West Marquis Road and North Butler Road and proceeding south along North Butler Road until it intersects Westbrook Road, then proceeding east along Westbrook Road and its eastern extension until it intersects the corporate limits of the City of Cedar Falls, then proceeding first north and then east along the corporate limits of the City of Cedar Falls until it reaches a point that is three miles due east of the western boundary of said Union Township, then proceeding due north from this point until it intersects West Marquis Road, then proceeding westerly along West Marquis Road to the point of origin. N. Washington Precinct shall consist of Washington Township, which is bounded by a line commencing at the intersection of Big Woods Road and West Marquis Road and proceeding west along West Marquis Road for three miles, then proceeding due south from this point until it intersects the corporate limits of the City of Cedar Falls, then proceeding first east and then in a clockwise manner along the corporate limits of the City of Cedar Falls until it intersects with Big Woods Road, then proceeding north along Big Woods Road to the point of origin. O. Cedar Falls Ward 1 Precinct 3/ Cedar Falls Precinct 2 shall consist of a part of Cedar Falls Township, (known as George Wyth State park) between Waterloo and Cedar Falls bounded by a line commencing at the SE corner of the NE quarter of the NE quarter of Section 7, Township 89, Range 13, and the boundary line between the corporate limits of the cities of Waterloo and Cedar Falls and proceeding due south from that point until it intersects the Cedar River where it marks the corporate limits of the City of Cedar Falls, then proceeding first southwesterly and then in a counter clockwise manner along the corporate limits of the City of Cedar Falls to the point of origin. In accordance with Chapter 49.6 of the Code of Iowa this precinct will include Ward 1 Precinct 3 of the City of Cedar Falls, which is contiguous to Cedar Falls Township Precinct 2.

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P. Waterloo Ward 3 Precinct 1 / East Waterloo Precinct 2 shall consist of a part of East Waterloo Township, (known as George Wyth State park) between Waterloo and Cedar Falls bounded by a line commencing at the SW corner of the NW quarter of the NW quarter of Section 8, Township 89, Range 13 and the boundary line between the corporate limits of the cities of Waterloo and Cedar Falls and proceeding due south from this point until it intersects the Cedar River where it marks the corporate limits of the City of Waterloo, then proceeding first northeasterly and then in a clockwise manner along the corporate limits of the City of Waterloo to the point of origin. In accordance with Chapter 49.6 Code of Iowa, this precinct will include Ward 3 Precinct 1 of the City of Waterloo, which is contiguous to East Waterloo Township Precinct 2. 1-6-4. PUBLIC HEARING REQUIRED. Before the final adoption of the ordinance establishing the precincts, you must hold a public hearing. This hearing must be advertised in advance, as required by the Open Meetings Law, IOWA CODE, Chapter 49.4. 1-6-5. EFFECTIVE DATE. New precinct boundaries become effective Tuesday, January 15, 2002. IOWA CODE, Chapter 49.7. Publication of this ordinance will be made prior to January 15th, 2001 and when approval of Black Hawk County's reprecincting plan has been received by the Secretary of State 1-6-6. ADDITIONAL PUBLICATION NOTICE. Iowa Code section 49.11 requires that the revised boundaries of precincts be published three times, at least thirty days, before the next general election.

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TITLE I - ADMINISTRATION CHAPTER 7 ­ PERMITS AND FEES

1-7-1

Office Fees

1-7-1. OFFICE FEES. A. Pursuant to Iowa Code 554.9525(3), the fee for a Uniform Commercial Code (UCC) information request shall be five dollars ($5.00) for each debtor name being requested if the request form is supplied, and six dollars ($6.00) for each debtor name requested if the filling office supplies the form. The fee for a copy of a filed UCC is one dollar $1.00 per page.

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TITLE II - BUILDING, AGRICULTURE AND LAND USE CHAPTER 1 - CATTLE FACILITY TAX EXEMPTION

2-1-1 2-1-2 2-1-3

Partial Exemption Definitions Amount of Exemption

2-1-4 2-1-5 2-1-6

Procedure Right of Repeal Limitation of Exemption

2-1-1. PARTIAL EXEMPTION. A partial exemption is provided from property taxation of the actual value added to owner operated cattle facilities, including small or medium sized feedlots but not including slaughter facilities, either by new construction or by the retrofitting of existing facilities, pursuant to Section 427B.7, Code of Iowa. 2-1-2. DEFINITIONS. A. "New Construction" means new buildings and structures and includes new buildings and structures, which are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue to competitively manufacture or process those products which determination shall receive prior approval from the Board of Supervisors upon the recommendation of the Iowa Development Commission. The exemption shall also apply to new machinery and equipment assessed as real estate pursuant to Section 427A.l(l)(e) of the Iowa code unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status. B. "Actual Value Added" as used in this Ordinance means that the actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means that actual value as determined by the Assessor as of January l of each year for which the exemption is received. 2-1-3. AMOUNT OF EXEMPTION. The amount of actual value added which is eligible to be exempt from taxation shall be as follows: A. For the first year, seventy-five percent (75%) B. For the second year, sixty percent (60%). C. For the third year, forty-five percent (45%). D. For the fourth year, thirty percent (30%). E. For the fifth year, fifteen percent (15%).

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The granting of the exemption under this Section for new construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the owner operated cattle facility real estate being reduced below the assessed value of the owner operated cattle facility real estate before the start of the new construction added. 2-1-4. PROCEDURE. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the County Assessor by February l of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue. A person may submit a proposal to the Board of Supervisors to receive prior approval for eligibility of a tax exemption on new construction. The Board of Supervisors, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zoning plans for the County. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the Board of Supervisors to approve or reject. 2-1-5. RIGHT TO APPEAL. When in the opinion of the County Board of Supervisors continuation of the exemption granted by this Act ceased to be of benefit to the County, the County Board of Supervisors may repeal the Ordinance authorized by Section One (l) of the Ordinance, but all existing exemptions shall continue until their expiration. 2-1-6. LIMITATION OF EXEMPTION. A property tax exemption under this Ordinance shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law.

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TITLE II - BUILDING, AGRICULTURE AND LAND USE CHAPTER 2 - RIGHT TO FARM

2-2-1 2-2-2 2-2-3 2-2-4

Finding of Fact Intent Definitions Agricultural Operations

2-2-5 2-2-6 2-2-7

Exemptions Notice to Landowners Disclaimer

2-2-1. FINDINGS OF FACT. The Black Hawk County Board of Supervisors finds that the encroachment of non-agricultural land uses into rural areas does interfere with efficient agricultural production by encouraging unnecessary local regulation of agricultural practices and/or private litigation against farmers. The Board of Supervisors further finds that the right of farmers to produce food and other agricultural products must be balanced with the rights of non-farmers who own, occupy, and use rural land. 2-2-2. INTENT. It is the policy of Black Hawk County to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and agricultural products. When non-agricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations or are discouraged from making investments in farm improvements. Therefore, it is the purpose of this Ordinance to reduce the loss to the County of its agricultural resources by limiting the circumstances for which agricultural operations, using accepted agricultural practices, may be deemed to be a nuisance. 2-2-3. DEFINITIONS. The following words or phrases as used in this Ordinance shall have the meanings given them in this section. A. "Agricultural District" means lands found in the unincorporated areas of Black Hawk County classified as "A-l" Agricultural District and "A-2" Agricultural District as specified upon the official Black Hawk County zoning maps, adopted June 27, 1980 and as subsequently amended. B. "Agricultural Operation" means conditions or activities that occur in connection with the production of agricultural products and includes, but is not limited to, the marketing of products at roadside stands or farm markets, the creation of noise, odor, dust, fumes, the operation of machinery, the use of irrigation pumps and equipment, ground and serial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides, the grazing and confinement of livestock subject to county health and zoning regulations and applicable state requirements, and the use of labor and farm laborers. C. "Agricultural Practices, Accepted" means methods and techniques for producing and processing agricultural products which do not endanger public health, safety, or welfare. Said Practices shall be in conformance with applicable county, state, and federal laws and regulations governing those practices including, but not limited to those governing air, land, and water pollution.

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D. "Agricultural Products" are organic materials (animal or plant) which supply food, feed, fiber, fur or fuel, but not limited to, grains, feed crops, vegetables, fruits, seeds, trees, wood, forages, sod, pasture, dairy and dairy products, foul, poultry and poultry products, livestock, swine, cattle, horses, sheep, fish, goats, bees and honey products, and other similar products. E. "Established Date of Operation" is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded or otherwise changed, the established date of operation for each expansion or change is deemed to be a separate and independent "established date of operation" established as of the date of commencement of the expanded or changed operations, and the commencement of expanded or changed operations shall not divest the agricultural operation of a previously established date of operation. F. "Nuisance" means a public or private nuisance as defined by statute, administrative rule, ordinance, or by the common law. G. "Nuisance Suits, Action or Proceeding" is an action, claim, or proceeding, whether brought at law, in equity, or as an administrative proceeding, which is based on nuisance. 2-2-4. AGRICULTURAL OPERATIONS; LIMITATION OF NUISANCE SUITS; ACTIONS OF PROCEEDINGS. No nuisance suit, action or proceeding, alleging that an agricultural operation is a public or private nuisance, shall be maintained in the district court if: A. The agricultural operation was conducted within an agricultural district at the time the nuisance was alleged to have arisen; and B. The agricultural operation was conducted in accordance with accepted agricultural practices at the time the nuisance was alleged to have arisen; and C. The agricultural operation established date of operation was prior to the time the nuisance was alleged to have arisen; and D. Either (1) The agricultural operation began prior to ownership, occupancy or use of land within an agricultural district by a person alleged to have suffered injury as a result of the agricultural operation, or (2) A person alleged to have suffered injury as a result of an agricultural operation suffered the injury after the adoption of this Ordinance and as the owner, occupier or user of lands within an agricultural area. 2-2-5. EXEMPTIONS. The provisions of this Ordinance shall not apply or defeat the right of any person, firm, public body, or corporation to recover damages for: A. Negligent agricultural operations: B. Damage sustained because of pollution of the air, land, or surface and subsurface water; C. Changing the condition of a stream or watercourse; D. Increased flood heights or velocities caused by encroachments upon the floodplain; E. Excessive soil erosion; and 29

F. Agricultural operations located within the corporate limits of a municipality at the time of enactment hereof. 2-2-6. NOTICE TO LANDOWNERS. The following notice may be included in any contract for the sale or rental of land, and shall be included in any permit issued for the construction of any dwelling on land located within an agricultural district or immediately adjacent thereof. "The property described herein is located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subject to inconvenience, discomfort and the possibility of injury arising from agricultural operations, including, but not limited to noise, odors, fumes, dust, the operation of machinery of any kind (including aircraft), the storage and disposal of manure, and the application of chemical fertilizers, herbicides. Owners, residents, and other users of this property should be prepared to accept such inconvenience, discomfort and possibility of injury from agricultural operations, and are hereby put on official notice that 2-2-4 of the Black Hawk County Right Farm Ordinance may bar them from bringing legal action against such agricultural operations if injury should occur." 2-2-7. DISCLAIMER. This Ordinance does not affect nuisance suits, proceedings, or actions commenced prior to the effective date hereof.

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TITLE II - BUILDING, AGRICULTURE AND LAND USE CHAPTER 3 - UNIFORM BUILDING CODE

2-3-1 2-3-2 2-3-3 2-3-4

Purpose Adoption of Current Code Exceptions to Current Code Repeal of Previous Code

2-3-5 2-3-6 2-3-7 2-3-8

Certification Validity Effective Date Building Permit Fees

2-3-1. PURPOSE. The purpose of this chapter is to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in Black Hawk County, Iowa; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation thereof; repealing the present Black Hawk County Building Code and all other ordinances and parts of the ordinances in conflict therewith. 2-3-2. ADOPTION OF CURRENT CODE. That certain documents, three (3) copies of which are on file in the office of the Black Hawk County Auditor, Black Hawk County Board of Supervisors, and Black Hawk County Building Inspector; being marked and designated as Uniform Building Code (and Uniform Building Code Appendix), 1994 edition, and the Uniform Building Code Standards, 1994 edition, published by the International Conference of Building Officials, be and the same is hereby adopted as the Code of the County of Black Hawk, State of Iowa, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in Black Hawk County, Iowa, providing for issuance of permits and collection of fees therefore; providing penalties for violation of such code; and each and all of the regulations, provisions, penalties, conditions and terms of such Uniform Building Code, 1994 edition, and the Uniform Building Code Standards, 1994 edition, published by the International Conference of Building Officials, on file in the office of the Black Hawk County Auditor, Black Hawk County Board of Supervisors, and Black Hawk County Building Inspector are hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. 2-3-3. EXCEPTIONS TO CURRENT CODE. Portions of the Uniform Building Code and the Uniform Building Code Standards of the State of Iowa that apply to mechanical, electrical, and plumbing inspections are omitted from this Ordinance. This Ordinance makes no change in inspection fees currently in force in Black Hawk County, and the fee structure set out in the Model Ordinance is stricken as not applicable to Black Hawk County. 2-3-4. REPEAL OF PREVIOUS CODE. That the previous Uniform Building Code, sometimes referred to as the Black Hawk County Building Code of 1991 also known as Black Hawk County Ordinance No. 30, and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. 2-3-5. CERTIFICATION. That the Black Hawk County Auditor shall certify to the adoption of this Ordinance and cause the same to be published. 31

2-3-6. VALIDITY. That if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Black Hawk County Board of Supervisors hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 2-3-7. EFFECTIVE DATE. That this Ordinance shall be and is hereby declared to be in full force and effect, from and after ten days from the date of final passage and approval. 2-3-8. BUILDING PERMIT FEES. Building permit fees as adopted by Resolution, by the Black Hawk County Board of Supervisors and on file with said Board are hereby incorporated by reference and are in lieu of the building permit fees in the Model Uniform Building Permit Code. Chapter 3 of the Uniform Building Code, 1994 Edition, shall not apply to minor repairs not exceeding One-Thousand Dollars ($1,000.00), including materials and labor, in connection with one- and two-family dwellings. Minor repairs shall include, but not be limited to the following: A. Any floor, stairs, wall or ceiling work done to refurbish deteriorated material. B. Counter or cabinet tops, but not the remodeling of cabinets or fixtures, which become a permanent part of the structure. C. Awnings and canopies entirely supported by the structure, or fences, which do not alter the structure of the dwelling. D. Sidewalks, driveways, foundations, chimneys and exterior steps as a repair or replacement of deteriorated areas. E. Such other minor repairs of a similar nature as determined by the Building Official.

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TITLE II - BUILDING, AGRICULTURE AND LAND USE CHAPTER 4 - VACATION OF PLATS

2-4-1 2-4-2 2-4-3 2-4-4 2-4-5 2-4-6

Purpose Vacation by Proprietor Before Sale Partial Vacation by Proprietor Streets, Alleys, and public Grounds Correction of Plat Vacation of Lot Owners ­ Petition Notice

2-4-7 2-4-8 2-4-9 2-4-10 2-4-11 2-4-12 2-4-13

Time of Hearing ­ Notice Decree Public Lands Relating Change of Name of Street Void Plat ­ Action to Annul Construction

2-4-1. PURPOSE. The purpose of this chapter is the regulation and controlling vacation of plats, to be cited as "Vacation of Plats Ordinance". 2-4-2. VACATION BY PROPRIETOR BEFORE SALE. Any plat located within Black Hawk County, Iowa, may be vacated by the proprietor thereof with the consent of the Board of Supervisors at any time before sale of any lots, by a written instrument declaring the same to be vacated, executed, acknowledged, and recorded in the same office with the plat to be vacated, and the execution and recording of such writing shall operate to annul the plat so vacated, and to divest all public rights in the streets alleys and public grounds described therein. In cases where any lots have been sold, the plat may be vacated as provided in Chapter 409, The Code of Iowa, by all the owners of lots joining in the execution of the writing aforesaid. 2-4-3. PARTIAL VACATION BY PROPRIETOR. Any part of a plat may be thus vacated, provided it does not abridge or destroy any right or privilege of any proprietor in said plat, but nothing contained in this section shall authorize the closing or obstruction of highways. 2-4-4. STREETS, ALLEYS, AND PUBLIC GROUNDS. When any part of a plat is vacated, the proprietors of the lots may enclose the streets, alleys, and public ground adjoining them in equal proportion, except as provided in Sections 7 and 8 thereof. 2-4-5. CORRECTION OF PLAT. The recorder in whose office the plats are recorded shall write across that part of the plat so vacated the word "vacated", and make a reference on the same to the volume and page in which the instrument is recorded. 2-4-6. VACATION OF LOT OWNERS - PETITION ­ NOTICE. Whenever the owners of any tract of land which has been plated into lots, and the plat of which has been recorded, shall desire to vacate the plat or a part thereof, a petition, signed by all the owners of it or the part to be vacated, shall be filed in the office of the clerk of the district court and notice shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the county. 2-4-7. TIME OF HEARING ­ NOTICE. After completion of notice, the court shall fix a time for hearing the petition and notice of the day, once so fixed, shall be given by the clerk for publication in a newspaper of general circulation published within the county not less than twenty (20) days in advance of the date set for hearing. 33

2-4-8. DECREE. At the hearing of the petition, if it shall appear that all the owners of lots in the plat or part thereof to be vacated desire the vacation, and there is no valid objection thereto, a decree shall be entered vacating such portion of the plat, and the streets, alleys, and avenues therein, and for all purposes of assessment such portion of the county shall be as if it had never been plated into lots; but, if any street as laid out on the plat shall be needed for public use, it shall be expected from the order of vacation and shall remain a public highway. 2-4-9. PUBLIC LANDS. Vacations made under this Ordinance shall not be construed to affect any lands lying within the county which have been dedicated or deeded to the public for parks or other public purposes. 2-4-10. RELATING. The owner of any lots in a plat vacated may cause the same and a proportionate part of the adjacent streets and public grounds to be replanted and numbered by the registered land surveyor in the same manner as is required for platting in the first instance, and when such plat is acknowledged by such owner, and is recorded as provided in Chapter 409 of the 1983 Code of Iowa, such lots may be conveyed and assessed by the numbers given them on such plat. 2-4-11. CHANGE OF NAME OF STREET. The Board of Supervisors shall have authority to change by ordinance the name of a platted street. The Chairperson of the Board of Supervisors shall certify and file the Ordinance, after its passage, with the County Recorder, Assessor and Auditor. The County Auditor shall make the proper changes on the plats found in the office of the Auditor. The County Recorder shall enter the instrument of record and make a reference on the margin of the original plat or upon a reference sheet or page attached to the original plat for that purpose. 2-4-12. VOID PLAT - ACTION TO ANNUL. In case any plat shall be filed and recorded in violation of this Ordinance, the same shall be void, and the Chairperson of the Board of Supervisors who shall be authorized to do so by resolution of the Board of Supervisors having authority to approve such plat, may institute a suit in equity in the district court in which suit the court may order such plat expunged from the records. 2-4-13. CONSTRUCTION. This Ordinance shall be construed in conjunction with the statutes and common law providing for the vacation of plats in cities under the provisions of Chapter 409 of the 1983 Code of Iowa.

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TITLE II - BUILDING, AGRICULTURE AND LAND USE CHAPTER 5 - CONTRACTORS SURETY BOND

2-5-1 2-5-2 2-5-3

Purpose Who Is Required to Post Certificate of Insurance Exception

2-5-1. PURPOSE. An Ordinance requiring the posting of a Certificate of Insurance prior to the alteration, construction, or reconstruction of buildings in Black Hawk County, Iowa. 2-5-2. WHO IS REQUIRED TO POST CERTIFICATE OF INSURANCE. A. Any person desiring to construct, reconstruct, remodel, or repair any building or structure within the unincorporated area of the County shall first file with the Auditor (or a specified intergovernmental agency if so designated by the Auditor) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of not less than ThreeHundred Thousand Dollars ($300,000.00) combined single limit to any person and One-Hundred Thousand Dollars ($100,000.00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming Black Hawk County, Iowa, and its employees (or the inter-governmental agency designated by the Auditor) as additional insured as its interest may appear and conditioned upon the faithful performance of all duties required of such person by any Ordinances, rules and regulations of the County of Black Hawk, Iowa. It shall be a further condition of said Certificate of Insurance that the obligor will hold the County (through the specified inter-governmental agency if so designated) harmless from any and all damages sustained by reason or neglect or incompetence on the part of such person, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be re-filed on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual person, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. The Certificate of Insurance required by subsection A shall be filed with the Auditor (or other designated official) and approved by the Board of Supervisors periodically during the year commencing with the month following enactment of this Ordinance. B. Black Hawk County is a party to reciprocal agreements among incorporated cities and towns within the County for the filing of one Certificate of Insurance with the Iowa Northland Regional Council of Governments. Filing of such Certificate pursuant to the provisions of subsection A of this Chapter with INRCOG shall be considered compliance with this Chapter. It shall be sufficient for INRCOG to supply the Board of Supervisors and the Black Hawk County Auditor periodically during the year with an official list of the approved Certificates held by INRCOG.

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2-5-3. EXCEPTION. Homeowners working on their principal residence shall be exempt from filing said Certificate.

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TITLE III - PUBLIC SAFETY CHAPTER 1 - PARKING LOTS

3-1-1 3-1-2 3-1-3 3-1-4 3-1-5 3-1-6 3-1-7

Purpose Definitions Parking Lot Usage Restricted Parking Stopping on Driveway Parking Signs Required Prohibited Parking During Snow Emergency

3-1-8 3-1-9 3-1-10 3-1-11 3-1-12 3-1-13

All Night Parking Parking For Certain Purposes Prohibited Violation Authority to Tow / Impound Severability Responsibility of Owners, Drivers, and Agents

3-1-1. PURPOSE. The purpose of this Chapter is to regulate and control parking in the Black Hawk County parking lots, including but not limited to: A. Courthouse Public and Employee Lots B. Jail Front Lot C. Juvenile Court Services Lot D. Pinecrest Public and Employee Lots 3-1-2. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Ordinance: A. "County" means the County of Black Hawk. B. "County Parking Lots" means those areas near to or adjacent to Black Hawk County Government offices and buildings designated by the Black Hawk County Board of Supervisors as County Parking Lots. The purpose of these lots is to park and hold vehicles for individuals and businesses conducting business in Black Hawk County buildings. These areas may also be used for employee parking where permitted. C. "Driveway" means those areas on the parking lots used for the entrance and exit of vehicles while in the parking lot. D. "Employee" means any full or part-time employee of the County or its affiliated agencies, whether presently working or not. E. "Parking Area" found in paragraph G of these definitions, and, in addition, limits parking only to those vehicles with a current and approved parking permit issued by Black Hawk County properly and prominently displayed in the vehicle at a designated location per instructions. F. "This Parking Lot Ordinance" means the ordinance under Title III - Public Safety, C111-3pter I Parking Lots, of the Black Hawk County Code of Ordinances. 37

G. "Parking Permit" means those current and approved permits issued by the County, authorizing parking in restricted parking areas belonging to Black Hawk County as long as a current and approved parking permit issued by Black Hawk County is properly and prominently displayed in the vehicle at a designated location per instructions. H. "Restricted Parking Area" means those areas designated by signs or areas painted with a yellow or orange color, or otherwise posted, that direct, control and limit parking within the painted, signed, or posted area. I. "Restricted Parking Area - Permit Required" means the same as "Restricted F. "Snow Emergency Parking Ban" means a parking prohibition issued by the Board of Supervisors following a declaration of a snow emergency. "Snow Emergency" means any snow emergency proclaimed by the Board of Supervisors following a declaration of a snow emergency.

J.

K. "Superintendent of Buildings" and "Parking Lot Attendant" means those persons and their designated representatives authorized and appointed by the Board of Supervisors of Black Hawk County, Iowa, to direct, control and supervise parking in the County Parking Lots. Said individuals shall have authority along with any peace officer having jurisdiction over the parking lots, to issue tickets and citations for illegal or improper parking along with removing (impounding/towing) vehicles when necessary. 3-1-3. PARKING LOT USAGE. No person shall park a vehicle in any area of the County Parking Lots, except for employees working in the County buildings or the public doing business in the County buildings unless specifically authorized by the County Board of Supervisors or the Superintendent of Buildings. 3-1-4. RESTRICTED PARKING. All areas of the County Parking Lots are restricted parking areas in that they are reserved for employees and the public doing business in the County buildings and are not to be used for general parking. No person shall park his vehicle in a restricted parking area unless authorized to do so by the Superintendent of Buildings, by the parking lot attendant, by the Traffic Division of the Black Hawk County Sheriffs Office, or by special resolution of the Black Hawk County Board of Supervisors or by permit in those areas where permits are required. The following provisions apply to the County Parking Lots: A. Parking is permitted only between designated lines in designated spaces. B. Parking is not permitted in the County Parking Lots for longer than posted designated time limits unless otherwise authorized by authority of this Ordinance. Moving a vehicle from one spot to another within a County parking lot will not void the time spent in the parking lot. This may result in the vehicle being ticketed as improperly parked. C. Permanent parking permits are issued (per criteria established by the Board of Supervisors) by the Superintendent of Buildings. D. Temporary parking permits are issued (per criteria established by the Board of Supervisors) by 38

the Superintendent of Buildings, the Parking Lot Attendant, or their designated representative. E. The public and/or employees who are issued a temporary permit are allowed to park in a specified County lot for the date(s) on the temporary permit. Permits may be issued for the following (or other approved) reasons: 1. A woman in her last trimester of pregnancy who furnished the Superintendent of Buildings with a doctor's excuse 2. Short term injury or illness requiring restricted walking, with a doctor's excuse 3. People attending training sessions or County meetings 4. Contractors or vendors working for the County 5. State auditors working for the County F. Courthouse Parking Lot - 316 E. 5th Street, Waterloo, Iowa. 1. Thirty (30) minute parking for the public doing business at the Courthouse. 2. Employees with current and approved Courthouse permits, properly and prominently displayed, are allowed to park in the Courthouse lot. 3. Vehicles with handicapped permits are allowed to park in any location in the Courthouse lot while doing County business. 4. Note: Jurors are required to use metered parking as per instructions given on jury notice. G. Employee Parking Lots - 315 E. 7th Street & Lafayette Street, Waterloo, IA 1. Employees ONLY who have permanent or temporary permits. 2. Employees must have a current and approved permit properly and prominently displayed. 3. This lot is not to be used for general public parking. H. Jail Front Parking Lot - 225 E 6th Street, Waterloo, IA 1. No employee shall park in this lot without express permission from the Superintendent or the Sheriff. 2. Only public specifically doing business with at the Jail or Sheriffs office shall be allowed to park in this lot. 3. Note: No public parking is allowed in any other lot at the Jail facility without the express permission of the Sheriff. I. Juvenile Court Services (JCS) - 818 Lafayette Street, Waterloo, IA 39

1. No employee shall park for any length of time without express permission from the

Superintendent of Buildings or the director of Juvenile Court Services.

2. Only the public doing business with JCS shall be allowed to park in this lot.

J. Pinecrest Front Lot - 1407 Independence Avenue, Waterloo, IA

1. No County employee shall park for any length of time in this lot except for 15 minutes to

load and unload, as may be required.

2. The three (3) hour time limit is intended for the public doing business in the County building.

K. Pinecrest Back Parking Lot (adjacent to the building)

1. The back lot is reserved for handicapped, special permit and employee parking where

available and in accordance with posted signs.

2. Special permit includes the same criteria as used for the Courthouse lot (see Section

3-1-4/C.4). L. Pinecrest Lower Lot (employee east side and contiguous back lot)

1. These lots are to be used by employees working in the County building and for the public if

they so desire (particularly if there is no room in the front lot).

2. Employees attending meetings, whether supervisors, department heads, elected officials or

others will be required to use the lower lot only, 3-1-5. STOPPING ON DRIVEWAY. No person shall stop or park a vehicle upon the County Parking Lots driveways except when necessary to avoid conflict with another vehicle, or in compliance with the directions of a peace officer or traffic control device. 3-1-6. PARKING SIGNS REQUIRED. Whenever by this or any other Ordinance of the County, any parking time limit is imposed, or parking is prohibited in a designated area, it shall be the duty of the County to erect appropriate signs giving notice thereof and no such regulations shall be effective unless signs are erected and in place at the time of an alleged offense. Where signs are so erected giving notice thereof, no person shall disobey the restrictions stated on such signs. 3-1-7. PROHIBITED PARKING DURING SNOW EMERGENCY. No person shall park, abandon, or leave unattended, any vehicle in County Parking Lots during any snow emergency proclaimed by the Board of Supervisors, unless the snow has been removed or plowed from said area, and the snow has ceased to fall. A snow emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm, and up to the 48-hour period after cessation of such storm, until fully opened (to allow for snow removal). Such a ban shall be of uniform application and the Sheriff is directed to widely publicize the requirements, using all available news media, in early November each year. When predictions or occurrences indicate the need, the Board of Supervisors shall proclaim a snow emergency and 40

the Sheriff shall inform the news media to publicize the proclamation and the parking rules hereunder. Such an emergency may be extended or shortened when conditions warrant. 3-1-8. ALL NIGHT PARKING. No persons except for employees working in County buildings, those persons on emergency service or those who have a special contractual agreement with the County shall be allowed to park their vehicles on any Black Hawk County parking lot all night without express permission from the Superintendent of Buildings. 3-1-9. PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon the County Parking Lots for the principal purpose of: A. Displaying such vehicle for sale B. For washing, greasing, or repairing such vehicle, except for such repairs necessitated by an emergency C. Displaying advertising D. Selling merchandise from vehicles on County lots is prohibited except for specific authorization from the Board of Supervisors E. Storage or abandonment of a vehicle for more than 24 hours 3-1-10. VIOLATION. A. Only the Superintendent of Buildings, the parking Lot attendant or their designated representative has the authority to void any tickets issued. B. Persons who contest (deny) violations: 1. Shall appear before a traffic court judge at the Black Hawk County Courthouse, within the time limit of ten (10) calendar days as set on the parking violation ticket as follows: "Court appearance by 8:50 AM on or before __________, 20__." 2. If person is found guilty, that person will be required to pay imposed fine and court costs as assigned by the presiding judge. 3. If person is found innocent, all fines and court costs will be voided by the traffic court judge. C. Persons who admit violations: 1. Will be charged and given a notice of fine which is payable to the Black Hawk County Treasurer within ten (10) calendar days. No cost or other charge shall be assessed. One hundred percent (100%) of all fines collected by the County pursuant to this paragraph shall be retained by the County, and fines are as follows:

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a. b. c. d. e.

Over yellow line ...........................................................$2.00 No permit .....................................................................$2.00 Overtime ......................................................................$2.00 Improper or illegal parking ..........................................$2.00 Handicapped space ..................................................$100.00 (The handicapped fine will be voided if proof of handicapped permit is shown to the Superintendent of Buildings or his designated representative within 48 hours of receipt of fine.)

2. Violations that are admitted may be paid: a. To the Black Hawk County Treasurer's Office b. By putting the fine in the parking violation notice envelope and putting it in the designated red box located near the outside door of the Black Hawk County Courthouse or other County building locations c. By mailing the fine to the Courthouse in the violation notice envelope provided d. Notwithstanding any other provisions of this Ordinance, violators of the Ordinance may be prosecuted under the provisions of Sections 805.7 to 805.13, inclusive, of the most current Code of Iowa as amended, or as any other traffic violations. Failure to pay a fine or judgment for a parking violation shall be grounds for refusing to renew motor vehicle registration. e. Persons who have been charged with a violation of this Ordinance and who wish to plead guilty may do so by paying the fine within ten (10) calendar days from the time of violation. Persons who do not wish to plead guilty or who do not pay the fine within that period of time shall appear before the Traffic Court in the Black Hawk County Court House at a time and date to be set out on the parking violation notice envelope. If ticket is mailed, date of postmark shall be accepted as date ticket is paid. If date of postmark is after due date, the remaining unpaid balance will be accessed as an unpaid fine. f. Parking violations and unpaid fines may result in the following:

3. Failure to pay a $2.00 fine within ten calendar (10) days will increase the fine to $10.00. The $100.00 handicapped fine will not increase but the same rules apply for vehicle registration renewal in that vehicles registered in Black Hawk County will not be renewed until all outstanding unpaid fines are paid. 4. Warning notices and/or multiple violations, whether paid or not, may result in said vehicle being towed from a County parking lot at owner's expense. (See X. Authority To Tow/Impound) 3-1-11. AUTHORITY TO TOW/IMPOUND. The Superintendent of Buildings, his designated representative, the Parking Lot Attendant, and/or Sheriff's Department is authorized to issue parking tickets (fines) and authorized to tow any vehicle parked in the County parking lots in violation of this ordinance under the circumstances herein: 42

A. When a vehicle is upon the parking lot and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are, for some reason, incapacitated or unable to provide for its custody or removal. B. When a vehicle is left unattended upon the parking lot and is so illegally parked as to constitute a definite hazard or obstruction to normal movement of traffic. C. When a vehicle is left parked upon the County lot for a continuous 24-hour period. A diligent effort shall first be made to locate the owner. If the owner is found, he/she shall be given the opportunity to remove the vehicle. D. When a vehicle is left parked in violation of a ban on parking during a snow emergency, as proclaimed by the Board. E. Impounding/Towing may result: 1. At Courthouse, Pinecrest Back Lot, Employee east side and contiguous lots--When a vehicle has received two parking citations for violation of this Ordinance within a seven (7) day period, or when a vehicle has received three parking citations in a thirty (30) day period, or when a vehicle has received five citations for violation of this Ordinance in a one-hundred eighty (180) day period. 2. At Juvenile Court Services, Pinecrest Front Lot, Jail--When a vehicle has received one citation for violation of this Ordinance and a verbal or written warning. In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this Ordinance shall be required to pay the costs of towing charges and storage. 3-1-12. SEVERABILITY. If some part of this Ordinance is found to be inconsistent or in conflict with the State of Iowa or federal legal principles, those parts shall not invalidate the remainder of the Ordinance. 3-1-13. RESPONSIBILITY OF OWNERS, DRIVERS, AND AGENTS. The owner of a vehicle is responsible for said vehicle when it is parked in any of the Black Hawk County parking lots. The owner shall be responsible for compliance with this Ordinance, whether the owner, a designated driver, or an agent is actually using the vehicle. Black Hawk County assumes no liability for any person or vehicle using any of the County parking lots.

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TITLE III - PUBLIC SAFETY CHAPTER 2 - LITTER CONTROL

3-2-1 3-2-2 3-2-3 3-2-4

Purpose Definitions Scattering of Refuse and Littering Prohibited Collection and Disposal

3-2-5 3-2-6 3-2-7 3-2-8 3-2-9

Junk Vehicles and Junk or Salvage Material Responsibility of Owners and Agents Enforcement and Administration Notice of Violation Violations and Penalty

3-2-1. PURPOSE. The purpose of this chapter is to regulate the collection and disposal of waste, litter, garbage, junk vehicles and junk or salvage material, and to protect the health, safety, and rights of the residents of Black Hawk County from neglected properties allowing waste, litter, garbage, and or junk to be placed, discarded, or abandoned and from individuals who would cause or allow such on public or private property. This chapter is to be cited and known as "Litter Control Ordinance". 3-2-2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The following definitions shall apply in the interpretation and the enforcement of this Ordinance: A. "Building Materials" means any material such as lumber, brick, plaster, sheet metal, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings, or demolition of existing structures. B. "Bulk Container" means a metal container, made of watertight construction with doors opening on two sides and top, and constructed so that it can be emptied mechanically by a specially equipped truck. Containers shall be kept covered at all times. Upon effective date of this Ordinance, all new bulk containers shall meet these specifications. C. "Business Establishment" means any retail, manufacturing, wholesale, institutional, religious, governmental, or other non-residential establishment at which garbage or trash may be generated. D. "Business Trash" means any waste accumulation of dust, paper, cardboard, packing materials, rags or other accumulations, other than garbage or house hold trash, which is usually attendant to the operation of any business establishment. E. "County" means the County of Black Hawk. F. "Detachable Container" means a unit which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse, or yard trash. Each unit shall be made of watertight construction. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or 44

enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. G. "Enforcement Authority" means the Black Hawk County Health Department, the Code Enforcement Officers, or authorized designee. H. "Garbage" means the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gasses or odors, or which during or after decay, may serve as breeding or feeding material for flies, insects or animals. I. "Hazardous Refuse" means materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter, and explosives. "Household Trash" means every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, white goods (i.e. refrigerators, stoves, water heater and similar type appliances and fixtures) and furniture, which is usually attendant to housekeeping.

J.

K. "Industrial Waste" means all waste including solids, semi-solids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises. L. "Litter" means trash, refuse, waste materials or any other improperly discarded, used or unconsumed substance, including, but not limited to, tin cans, paper products, ashes, rags, etc. M. "Loading and Unloading Area" means any land dock or space or area used by any moving vehicle for the purpose of receiving for shipment or transportation, goods, wires and commodities. N. "Person" means any individual, firm, company, corporation or association or agent thereof. O. "Portable Packing Unit" means a metal container not exceeding 4,500 pounds gross weight with a four (4) to six (6) cubic yard capacity that contains a packing mechanism and an internal or external power unit. P. "Refuse" means solid waste accumulations consisting of garbage, household trash, yard trash, and business trash as herein defined. Q. "Refuse Receptacle" and "Yard Trash Container" means a metal, plastic or two-ply craft paper bag container, of substantial construction sufficient for safe and convenient handling. Two-ply craft paper bags shall meet the standards set for refuse sacks by the Technical Association of Pulp and Paper Industry. Polyethylene plastic bags must meet the standards set for trash bags by the Society of Plastic Engineers. Such containers shall be in good and serviceable condition and of such size, shape and weight that, when full, they are capable of being safely handled by one man. Paper or plastic bags shall be closed by a tight sealing method of suitable type, such as drawstring, wire tie, or multiple folds. Containers shall be kept covered or closed at all times. Such receptacles shall have a capacity of not less than ten (10) gallons nor more than thirty (30) gallons. Every refuse receptacle when loaded and placed for collection shall be limited in weight to sixty-five (65) pounds. 45

R. "Tree and Shrubbery Trimmings" means waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery, cuttings or clippings, or other yard trash usually created in connection with trees or bushes. S. "Yard Trash" means waste accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, free of dirt, rocks, large branches, and bulky or noncombustible material. T. "Commercial Collector of Refuse" means a person who hauls refuse for compensation. 3-2-3. SCATTERING OF REFUSE AND LITTERING PROHIBITED. A. It shall be unlawful for any person, individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity to: 1. Scatter refuse about or litter any public or private street, road, or highway, area, or place; 2. Cast, throw, place, sweep or deposit anywhere within the County any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, road, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises or area within the County, except those permitted by law; or 3. Throw or deposit any refuse, trash or debris in any stream or body of water. B. No person shall haul, transport or otherwise convey any refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings within this County unless the same is contained in covered receptacles or is otherwise secured either to or within the vehicle so that said refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings does not fall off or blow off or out of the vehicle hauling the same. In the event any of said refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings falls off, blows off or out of the vehicle, the person hauling the same shall clean up all of the waste material. 3-2-4. COLLECTION AND DISPOSAL. All commercial collectors of refuse who desire to haul over the roads of the County shall use a water tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping there from and refuse from being dropped, blown or spilled. 3-2-5. JUNK VEHICLES AND JUNK OR SALVAGE MATERIAL. A. Definitions: 1. "Code Enforcement Officer" means the duly authorized person charged with enforcing the provisions of this section, as designated by the Building Official. 2. "Enclosed Building" means any structure or portion thereof built for the enclosure of property containing a roof and having solid exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property the contents thereof. 46

3. "Junk" shall include any junk vehicles and junk or salvage material. 4. "Junk Vehicle" means any unlicensed vehicle that is not stored within an enclosed building, and/or which has any of the following characteristics: a. Any vehicle, which has become the habitat of rats, mice, snakes or any other vermin or insects. b. Any motor vehicle if it lacks an engine or one or more wheels or tires or other structural parts, which render said motor vehicle totally inoperable or unable to move under its own power. c. Any vehicle, which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety. 5. "Junk or Salvage Material" means scrap copper, brass, rope, rags, batteries, paper trash, tires and rubber debris, waste, iron, steel or other scrap ferrous or nonferrous materials, appliances, furniture, equipment, building demolition materials, structural steel materials, or similar materials, including parts of motor vehicles. 6. "Unlicensed Vehicle" means any vehicle which is required to be licensed to be operated on a public street or highway, but which is not displaying a valid and current license, regardless of whether or not the vehicle is being operated on a public street or highway and regardless of whether or not the vehicle is registered as "in storage".

7. "Vehicle" means any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle or any combination thereof. B. Nuisance Declared: Except as hereinafter provided, it is hereby declared that the unlawful storage of junk upon either public or private property within the unincorporated areas of Black Hawk County constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and the owner of the property shall be liable for said violation. This shall include junk stored within licensed vehicles or trailers for periods longer than twenty (20) days. C. Abatement: If the owner of the junk or the owner of the property upon which the junk is located fails to remove or repair in accordance with the terms of the provisions of this section, the code enforcement officer may abate such nuisance by causing the junk to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the junk and/or the owner of the property. D. Redemption of Impounded Vehicle; Fees: Within sixty (60) days after the impoundment of any junk vehicle under this section, the owner thereof may appear and claim the same on payment of an impoundment fee, and towing and storage charges. Upon payment of said fees and proof of ownership, said vehicle shall be released. If at the end of sixty (60) days, no owner claims the junk vehicle, the owner of the junk vehicle shall no longer have any right, title, claim or interest in or to the junk vehicle. During said period of impoundment, the impoundment facility upon which the junk vehicle is being stored shall be responsible for the vehicle. 47

E. Duty of Owner to Remove or Repair: The owner of a junk vehicle or property owner who violates the provisions of this section shall, within twenty (20) days after receipt of the notice of violation, remove the junk to one of the areas provided in subsection F of this section, or repair the defects which caused such item to violate the provisions of this section. F. Exceptions: The terms and provisions of this section shall not apply to: 1. Any person or any agent thereof that is duly licensed by the County as a salvage yard operator in full compliance with all of the Ordinances of the County, and the laws of the State. 2. Any junk that is stored within an enclosed building as defined in this section. G. Prima Facie Presumption: In any proceeding charging a violation of this section, proof that the particular item described in the information was in violation of this section, together with proof that the defendant named in the information was the registered owner of the vehicle (for vehicles) or the owner of the property on which said junk was unlawfully stored at the time of the alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this section or allowing the violation to occur. 3-2-6. RESPONSIBILITY OF OWNERS AND AGENTS. Owners and agents hauling litter over the streets, roads and highways of Black Hawk County, Iowa and the owners, agents, tenants or lessees of all residential units and commercial establishments, and the owners, agents, tenants or lessees of all real property in Black Hawk County shall be responsible for compliance with this chapter. 3-2-7. ENFORCEMENT AND ADMINISTRATION. A. Enforcing Authority: The administration and enforcement of the provisions of this chapter shall be the duty of the Black Hawk County Health Department, the Code Enforcement Officers, or an authorized designee. B. Administrative Order: Whenever the enforcing authority determines that a public health nuisance exists which requires immediate action to protect the public health, said official may issue an order citing the existence of the public health nuisance and require that action be taken as he or she deems necessary. The action required by said authority shall depend upon, but not be limited to, the nature of the condition, the danger to the public health that the condition presents, the condition or deterioration of the premises, or the time reasonably necessary to take the required action. If the owner or occupant does not comply with the order within the time frame specified in said order, said authority may authorize the taking of the action specified in the order. Any costs incurred in abating the public health nuisance may be assessed to the owner of the property personally, to the property, or both. This remedy does not preclude the issuing of a citation as outlined in section 3-2-9. 3-2-8. NOTICE OF VIOLATION. Notice of a violation of this chapter or to abate the violation may be by personal service, certified mail, or by a dated and signed placard which is posted in a conspicuous place on each parcel of property found to be in violation of this chapter, stating that the property is in violation of this chapter and that failure of the owner or occupant to abate the violation within twenty (20) days of the date on the placard may result in the County abating the violation and assessing the costs and any administrative fees to the property, to the property 48

owner, or both. The twenty (20) day abatement period shall be from the date of personal service, date of receipt of the certified mail, or the date of the dated and signed placard. 3-2-9. VIOLATIONS AND PENALTY. Any person violating this section or any provisions thereof, or refusing or neglecting to comply with any provision or requirements of any section, or failing to comply with any order of the enforcing authority or interfering with or obstructing the enforcing authority with their investigation shall be guilty of a county infraction as provided in section 1-2. Each day that a violation occurs constitutes a separate offense. Nothing herein contained shall prevent Black Hawk County from taking such lawful action as is necessary to prevent or remedy any violation.

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TITLE III - PUBLIC SAFETY CHAPTER 3 ­ NUISANCE

3-3-1 3-3-2 3-3-3 3-3-4 3-3-5 3-3-6

Purpose Definitions Enumeration General Requirements Investigation Refusal of Admittance

3-3-7 3-3-8 3-3-9 3-3-10 3-3-11

Notice Hearings Enforcement Penalty Collection of Cost of Abatement

3-3-1. PURPOSE. The purpose of this chapter is to regulate and control public health nuisances and provide penalties for violations of nuisance regulations, to be cited and known as "The Nuisance Ordinance". 3-3-2. DEFINITIONS. A. "Board of Health" means the Black Hawk County Board of Health. B. "Health Department" means the Black Hawk County Health Department. C. "Health Nuisance" includes any act, failure to act or condition, which is dangerous or detrimental to the life, health, or related safety of one or more persons. D. "Health Officer" is the Administrator of the Black Hawk County Health Department or his/her authorized representative. E. "Person" means any individual, firm, corporation or other legal entity and authorized agents and/or officers thereof. F. "Garbage" means all solid and semi-solid, putrescible animal and vegetable wastes and shall include all such substances from all public and private establishments and from all residences. 3-3-3. ENUMERATION. Health nuisances include, but are not limited to, the following: A. The storage, collections, accumulation, discharge, or depositing of any offal, fecal matter, filth, refuse, weeds, vegetation, dead organic material, junk, debris, contaminated material, garbage, stagnant or polluted waters, combustible materials and similar materials in any place or on any property so as to threaten the health or safety of the individuals or the public or to be conducive to the breeding of flies, rats or other vermin, or to the prejudice of others. B. The presence of rats for other than research purposes, flies, or other vermin. C. The discharge or depositing of any garbage, liquid waste, filth, dead animal(s), or other polluting material into any stream, river, lake, other body of water, or drainage channel, so as to render the water, shore, channel, bottom or other features thereof unsafe for the use to which they are put, or as to otherwise injure or threaten the health and safety of individuals or the public. 50

D. The collection, storage, depositing or discharge of flammable refuse, liquid or other material in any building or on any place in such manner as to constitute a hazard of fire injury to individuals or the public. E. Inadequate or unsanitary plumbing facilities in living quarters offered for rent or lease to the general public. F. The maintenance of any water well found to be contaminated beyond reclamation or any well the use of which is to be permanently discontinued. Such well shall be sealed according to the directions of the health department. G. The unlawful disposal of animal carcasses or the failure to properly dispose of animal carcasses in the following manner: No persons caring for or owning any animal that has died shall allow the carcass to lie about the premises. Such carcass shall be disposed of within twenty-four (24) hours after death by cooking, burying, or burning as provided in Chapter 167 of the Code of Iowa, or by disposing of said animal within said time to a person licensed to so dispose of it. H. Failure to secure areas, buildings, equipment or places against unauthorized access where such access threatens the health or safety of individuals. I. The exposure of any person to any infectious or communicable disease or condition by any act or practice. Whatever renders food, or drink unwholesome or detrimental to human beings, as determined by the Health Officer.

J.

K. To sell or distribute, or have for sale or distribution, or to store or keep; spoiled, tainted or adulterated meat, poultry, fish or other provisions intended for human or animal consumption. L. Any attractive nuisance which may prove detrimental to life, health, or safety whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned well shaft, basement, excavation, or discarded, abandoned, unattended, or used refrigerators, iceboxes and similar containers equipped with an airtight door or lid, snap lock or other locking device which may not be released from the inside. M. Establishing, continuing, maintaining, or operating any building or place which is conducive to the breeding, harboring, feeding or sheltering of any vermin or pests such as, but not limited to flies, mice, cockroaches, rats and pigeons. The duties of this Section are imposed alike on the owner of the nuisance and the owner or occupant of the premises where the nuisance is permitted to remain. 3-3-4. GENERAL REQUIREMENTS. Violation of the following provisions of this Ordinance shall constitute a public health nuisance. A. The Presence Of Vermin Prohibited. The owner of any building, dwelling, structure, business, matter or thing on or about the lot on which it is situated where the presence of cockroaches, rodents and other vermin have been determined to exist by the Health Officer, shall within the time limit specified by the Health Officer initiate action to abate or cause for the abatement of the 51

presence of said cockroaches, rodents, or other vermin in order that they are effectively minimized. B. Designation Of Unfit For Human Occupancy Or Habitation. Any building, dwelling, structure, or business may be designated as unfit for human habitation when any defect or condition which is in violation of this Regulation has been found to exist and when in the judgment of the Health Officer such defects or conditions create a hazard to the health, safety or welfare of the occupants or of the public. The owner of the building, dwelling, structure or business which has been designated as unfit by the Health Officer shall, within the time limit specified by the Health Officer, vacate or cause for the vacation of the same. No person shall deface or remove a placard from any building, dwelling, structure or business which has been designated as unfit for human habitation by the Health Officer. 3-3-5. INVESTIGATION. The Health Officer shall investigate, upon complaint of any person or on his/her own initiative, any health nuisance within the Black Hawk County Health Department jurisdiction. 3-3-6. REFUSAL OF ADMITTANCE. In the event the Health Officer, in proceeding to enter any premises for the purpose of making an inspection to carryout the provisions of this Ordinance shall be refused entry, a complaint may be made under oath to any magistrate of the county. Said magistrate shall thereupon issue his/her warrant directed to some peace officer of the county commanding him, between the hours of sunrise and sunset, to accompany the Health Officer to enter such premises and make such inspection to obtain such samples as may be required to carryout the provisions of this Ordinance. 3-3-7. NOTICE. A. Whenever the Health Officer determines that there are reasonable grounds to believe that a public health nuisance exists, he/she shall order the person on whose property the nuisance exists or the person whose act or omission to act gives rise to the nuisance to abate said nuisance. Such notice shall: 1. Be in writing. 2. Include a statement of the reasons why it is being issued. 3. Allow a reasonable time for the performance of any act it requires. 4. Be served upon the owner or his/her agent or the occupant, as the case may require; provided such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is sent by certified mail to his/her last known address; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice, or if he/she is served with such notice by any other method authorized or required under the laws of the state. B. Such notice may contain an outline of remedial action which, if taken, will affect compliance with provisions of this Ordinance and with ordinances adopted pursuant thereto.

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3-3-8. HEARINGS. A. Whenever the Health Officer finds conditions which he/she deems an imminent or serious public health hazard, he/she may issue a written notice to the owner or operator citing such condition, specifying a time period within which corrective action shall be taken. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Board of Health shall be afforded a hearing as soon as possible. It may be necessary for the Health Department to proceed with the emergency implementation of a health department order to alleviate the problem prior to hearing, either with the consent of the person affected by the order, or without the consent and upon appropriate judicial authorization. B. In the event any person is aggrieved by an order made by the Health Officer, he/she may within twenty (20) days of the date of such order appeal to the Board of Health and in writing state his/her reasons for requesting such order to be rescinded or modified. The Board of Health shall schedule a hearing and following such hearing shall modify, withdraw or order compliance with said order. Appeal from any order of the Board of Health may be taken within twenty (20) days to the District Court of Black Hawk County, Iowa. 3-3-9. ENFORCEMENT. The Health Officer and his/her authorized representative shall have the duty and responsibility of enforcing this Ordinance. Citations for violations of these Ordinances may be issued by duly authorized peace officers. A. Citations shall include the name and address of the person charged, the nature of the offense, the time and place at which the person is to appear in court, and the penalty for non-appearance. B. The cited person shall sign the citation as written promise to appear in court at the time and place specified. A copy of the citation shall be given to the person. C. The person issuing the citation shall cause to be filed a complaint in the court in which the cited person is required to appear as soon as practicable, charging the violation stated in the notice. 3-3-10. PENALTY. Any person violating this Ordinance or any provision thereof, or who fails to comply with any order of the Health Officer to abate a health nuisance, or who interferes with or obstructs the Health Officer in his/her investigation or a health nuisance, shall be guilty of a simple misdemeanor and upon conviction thereof may be fined not more than one hundred dollars ($100.00). Each day that a violation occurs constitutes a separate offense. 3-3-11. COLLECTION OF COST OF ABATEMENT. Upon failure of any person to abate or remove a health nuisance from his/her property or the property he/she occupies, the Health Officer may direct or cause the abatement or removal of said nuisance. All expenses incurred thereby shall be paid by the owner, agent, or occupant of said property and the same shall be a lien upon said property.

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TITLE III - PUBLIC SAFETY CHAPTER 4 - SHOCK GUN

3-4-1 3-4-2 3-4-3 3-4-4 3-4-5 3-4-6 3-4-7

Purpose Definition Authority to Possess Electrical Shock Weapon Unauthorized Possession of Electrical Shock Weapon Carrying Electrical Shock Weapon Duty to Carry Permit Professional Permit to Carry an Electrical Shock Weapon

3-4-8 3-4-9 3-4-10 3-4-11 3-4-12 3-4-13 3-4-14 3-4-15 3-4-16

Nonprofessional Permit to Carry Electronic Shock Weapon Person Eligible to Carry Weapons Issuance of Permits Permits to Carry Electronic Shock Weapon Not Transferable Revocation of Permit Permit Valid for Five Years Sale to Unauthorized Persons Penalty Conflict with State or Federal Laws

3-4-1. PURPOSE. The purpose of this chapter it to regulate and control use of electrical output or electrical shock weapons to be cited and known as "The Shock Gun Ordinance". 3-4-2. DEFINITION. An "Electrical Output Weapon or an Electrical Shocking Device" is any weapon, instrument or device designed primarily to inflict an electrical shock or an electrical output to immobilize or disable a human being which is capable of inflicting electrical shock, electrical burn, or immobilization of the human being in any fashion including interference with the body's neuromuscular system. 3-4-3. AUTHORITY TO POSSESS ELECTRICAL SHOCK WEAPON. Any person authorized to possess an offensive weapon under the provisions of Section 724.2 of the 1997 Code of Iowa is also authorized to possess an electrical shock weapon. 3-4-4. UNAUTHORIZED POSSESSION OF ELECTRICAL SHOCK WEAPON. Any person other than a person authorized by this Ordinance who knowingly possesses an electrical shock weapon violates this Ordinance. 3-4-5. CARRYING ELECTRICAL SHOCK WEAPON. Any person who is armed or carries an electrical shock weapon, whether concealed or not, or knowingly carries or transports in a vehicle an electrical shock weapon, violates this Ordinance. This section does not apply to the following: A. Any person who possesses or carries such a weapon in his or her dwelling, place of business, or on land owned or possessed by the person. B. Any peace officer when his or her duties require him or her to carry such weapon. C. Any member of the Armed Forces of the United States, the National Guard, or person in the service of the United States when the weapons are carried in connection with his or her duties. D. Any correctional officer serving under the authority of the Division of Adult Corrections, when his or her duties require. 54

E. Any person who for any lawful purpose carries an electrical shock weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. F. Any person who, for any lawful purpose, carries or transports an electrical shock weapon in any vehicle inside a closed fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the electrical shock weapon will not be readily accessible to any person riding in the vehicle or common carrier. G. Any person who possesses or transports electronic shock weapons as merchandise, or any farmer, rancher, livestock transporter, breeder, sales yard owner or any of their employees carrying or possessing any shocking devices designed exclusively to move or control livestock. H. Any person who has in his or her possession, and who displays to any peace officer on demand, a valid permit to carry electrical shock weapons which has been issued to the person and whose conduct is within the limits of the permit. 3-4-6. DUTY TO CARRY PERMIT. It shall be the duty of any person armed with an electronic shock weapon to have in his or her immediate possession a permit provided for in Section 3-4-5 to produce same for inspection at the request of any peace officer. Failure to produce such permit shall constitute a violation of this Ordinance. 3-4-7. PROFESSIONAL PERMIT TO CARRY AN ELECTRICAL SHOCK WEAPON. Any person who may be issued a professional permit to carry a weapon under the provisions of Section 724.6 of the Code of Iowa may also be issued a professional permit to carry an electronic shock weapon under this Ordinance under the terms and conditions provided for in Section 724.6 of the Code of Iowa. 3-4-8. NONPROFESSIONAL PERMIT TO CARRY ELECTRONIC SHOCK WEAPON. Any person who qualifies as a nonprofessional for permit to carry a weapon under the provisions of Section 724.7 of the Code of Iowa may also qualify as a person entitled to a nonprofessional permit to carry an electronic shock weapon under the provisions of this Ordinance and under the same terms and conditions as provided in Section 724.7 of The Code. 3-4-9. PERSON ELIGIBLE TO CARRY WEAPONS. No person shall be issued a professional or nonprofessional permit to carry an electronic shock weapon unless: A. The person is 18 years of age or older. B. The person has never been convicted of a felony. C. The person is not addicted to the use of alcohol or any controlled substance, unless the addicted person provides satisfactory proof of recovery. D. The person has no history of repeated acts of violence. E. The issuing officer reasonably determines the applicant does not constitute a danger to any person. F. The person has never been convicted of any crime defined in Chapter 708 of The Code, except assault as defined in Section 708.1 and harassment as defined in Section 708.7. 55

3-4-10. ISSUANCE OF PERMITS. Application for permits to carry electronic shock weapons shall be made to the Sheriff of Black Hawk County. Issuance of the permits shall be at the discretion of the Sheriff of Black Hawk County who shall determine that the requirements of Section 1 to 16 of this Chapter have been satisfied. The issuing officer shall collect a fee of $5.00, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of $2.00. All such fees received by the Sheriff shall be paid to the Black Hawk County Treasurer and deposited in the general account of Black Hawk County, Iowa, towards the cost of administering this Ordinance. 3-4-11. PERMIT TO CARRY ELECTRONIC SHOCK WEAPON NOT TRANSFERABLE. Permits to carry electronic shock weapons shall be issued to a specific person only and may not be transferred from one person to another. 3-4-12. REVOCATION OF PERMIT. The issuing officer may revoke any permit to carry an electronic shock weapon when the officer learns that any of the conditions required for the issuance of a permit under this Ordinance have ceased to exist, or the officer has learned that the permit was improperly issued. If the issuing officer revokes a permit, he/she shall then notify the permit holder of such revocation on a form prescribed and published by the Black Hawk County Sheriff. From the time the permit holder receives notice of revocation, the permit shall cease to have force or effect.

3-4-13. PERMIT VALID FOR FIVE YEARS. Each permit issued under the provisions of this

Ordinance shall be valid for five years from the date of issuance. 3-4-14. SALE TO UNAUTHORIZED PERSONS. Any person, firm, corporation, or business entity that sells or offers for sale an electronic shock weapon within the boundaries of the jurisdiction of this Ordinance shall be required to have a permit as otherwise set out in this Ordinance. Sales of electronic shock weapons which occur within the jurisdiction of this Ordinance to an individual subject either by physical presence or residency within this jurisdiction at the time of the sale, require that both seller and purchaser have permits as set out in this Ordinance and failure to have such permits shall be a violation of the Ordinance. This restriction is not intended to interfere with or prevent the sale of electronic shock weapons to purchasers who are within the stream of interstate commerce or who, by their location or residency, are not subject to the jurisdiction of this Ordinance. 3-4-15. PENALTY. Whoever violated the provisions of this Ordinance shall be guilty of a simple misdemeanor and punished by thirty (30) days in jail or fined one hundred dollars ($100). 3-4-16. CONFLICT WITH STATE OR FEDERAL LAWS This Ordinance is subject to and superseded by state and federal laws that are more restrictive with respect to the use, right to use, and sale of electronic shock weapons. Where state or federal law is silent or less restrictive, this Ordinance controls.

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TITLE III - PUBLIC SAFETY CHAPTER 5 - HAZARDOUS SUBSTANCE

3-5-1 3-5-2 3-5-3 3-5-4

Purpose Definitions Cleanup Required Liability for Cleanup Costs

3-5-5 3-5-6 3-5-7 3-5-8

Notifications Police Authority County Liability Penalty

3-5-1. PURPOSE. In order to reduce the danger to public health, safety, and welfare from the storage, transportation, and spills of hazardous substances, these regulations are promulgated to establish responsibility for the removal and cleanup of spills, leakage or release of hazardous substances which create an immediate or potential danger to the public health or safety within the limits of Black Hawk County. 3-5-2. DEFINITIONS. For the purpose of this Ordinance, these terms have the following meanings: A. "Hazardous Waste" means such wastes as defined in Section B.411 (4)(a), Code of Iowa. B. "Hazardous Substance" means any substances as defined in Section B.381 (1), Code of Iowa. C. "Hazardous Condition" means any circumstance as defined in Section B.381 (2), Code of Iowa. D. "Person Having Control Over a Hazardous Substance" means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance the release of which creates a hazardous condition, including bailees, carriers, and any person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance, as defined in Section B.381(8), Code of Iowa E. "Cleanup" means the same as defined in Section B.381 (6), Code of Iowa. F. "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance as to neutralize it or to render the substance non-hazardous, safe for transport, amenable for recovery and for storage, or to reduce it in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance to render it non-hazardous. G. "Authorized Person" means the Black Hawk County Sheriff or his or her duly appointed designed. The Sheriff or his or her duly appointed designed may also appoint the Fire Chief or Assistant Fire Chief of any municipality or Fire District as his or her temporary deputy, or may delegate the duties of Authorized Person to such Fire Chief or Assistant Fire Chief, in his or her discretion.

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3-5-3. CLEANUP REQUIRED. A. Whenever a hazardous condition is created so that a hazardous substance or waste or a constituent of a hazardous substance or waste has entered or may enter the environment, be emitted into the air, or discharged into any waters, including ground waters, the person having control over a hazardous substance shall alleviate the condition by cleanup or treatment, as defined by Section 2(E)&(F) of this Ordinance, and shall restore the affected area to its condition prior to the hazardous condition as far as practicable. The cost of cleanup or treatment shall be borne by the person having control over a hazardous substance. B. If the person having control over a hazardous substance cannot be located within a reasonable period of time, or if the person having control over a hazardous substance does not cause the cleanup or treatment to begin within a time reasonable in relation to the hazard and circumstances of the incident, the County may, by the authorized person, give notice which shall be reasonable considering the character of the hazardous condition. The notice shall state a deadline for accomplishing the cleanup or treatment and state that the County will proceed to procure cleanup or treatment services if the cleanup or treatment is not accomplished within the deadline. The notice shall set forth a reasonable estimate of the cost of cleanup or treatment and state that the person having control over a hazardous substance will be billed for all costs associated with the cleanup or treatment, including but not limited to, equipment rendered unserviceable, personnel costs (including overtime), disposal costs and any other costs associated with the cleanup or treatment. C. If the bill for the above services is not paid within thirty (30) days, Black Hawk County may proceed, after service of notice, either by certified mail or by one publication in a newspaper having general circulation within Black Hawk County, and hearing before the Board of Supervisors, to obtain payment by all available legal means. D. If the cost of cleanup or treatment is beyond the capacity of the County to finance it, the authorized person shall proceed pursuant to Section B.387 (2), Code of Iowa, and immediately seek any state or federal funds available, for such cleanup or treatment. 3-5-4. LIABILITY FOR CLEANUP COSTS. The person having control over a hazardous substance shall be strictly liable to Black Hawk County for all of the following: A. Those costs set forth in 3-5-3(B) of this Chapter. B. The reasonable costs incurred by the County to evacuate persons from the area threatened by a hazardous condition caused by the person having control over a hazardous substance. C. Reasonable damages for injury to, destruction of, or loss of County property, including parts and roads, resulting from a hazardous condition caused by the person having control over a hazardous substance, including the cost of assessing the injury, destruction or loss. 3-5-5. NOTIFICATIONS. A. Any person manufacturing, storing, handling, transporting, or disposing of a hazardous substance or waste shall notify the Black Hawk County Sheriff's Department of the occurrence of a hazardous situation as soon as possible, but no later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. The Sheriff shall immediately notify the 58

Department of Natural Resources at 505-8694 and any member of the appropriate fire department who has received special training in the handling and disposal of hazardous substances or wastes. B. Any county or municipal employee or member of a law enforcement agency, city or township fire department, or ambulance service who discovers a hazardous condition shall immediately notify the Black Hawk County Sheriff's Department. The authorized person shall notify the proper state authority in the manner established by state regulation. 3-5-6. POLICE AUTHORITY. If the circumstances so require, the authorized person may: A. Order the evacuation of persons to areas away from the site of a hazardous condition, and/or B. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to such site to persons engaged in cleanup or treatment. No person shall disobey an order of the authorized person or any law enforcement official acting under direction of the authorized person issued under this Section. 3-5-7. COUNTY LIABILITY. Except where Black Hawk County is the responsible person as defined in Section 2(E) of this Ordinance, the County shall not be liable to any person for claims of damages, injuries, or loss resulting from any hazardous condition. 3-5-8. PENALTY. Any person violating any provision, section, or paragraph of this Chapter shall be guilty of a misdemeanor, and upon conviction be subject to a fine not exceeding $100.00 or be imprisoned for not more than thirty (30) days. Each day of violation shall constitute a separate offense.

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TITLE III ­ PUBLIC SAFETY CHAPTER 6 - ENGINE NOISE REDUCTION ORDINANCE (JAKE BRAKE ORDINANCE)

3-6-1

Engine Brakes and Compression Brakes

3-6-1. ENGINE BRAKES AND COMPRESSION BRAKES. A. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the County of Black Hawk, State of Iowa, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud unusual or explosive noise from such vehicle. B. The Usage of an engine brake, compression brake or mechanical exhaust devise designed to aid in breaking or deceleration in such a manner as to emit more than 80 decibels of noise when it drives by, as measured at 50 feet, shall constitute evidence of a prime facie violation of this section. C. The scheduled fine for a violation of this section shall be one hundred dollars ($100.00)

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TITLE IV - PUBLIC WORKS CHAPTER 1 - GARBAGE, REFUSE AND YARD WASTE

4-1-1 4-1-2 4-1-3 4-1-4

Purpose Definitions Separation of Garbage, Refuse and Yard Waste Application

4-1-5 4-1-6 4-1-7 4-1-8

Accumulations of Garbage, Refuse, and Yard Waste Transportation of Garbage, Refuse, and Yard Waste Material Dumping in Unauthorized Place Enforcement

4-1-1. PURPOSE. To provide a safe, effective and reasonable method of separation of yard waste, garbage, refuse and solid waste in order to promote the best use of Iowa land, and to encourage, promote, and regulate disposal of yard waste, garbage, refuse and other solid waste, the Board of Supervisors of Black Hawk County, Iowa, adopts the following Ordinance. 4-1-2. DEFINITIONS. A. "Business" shall mean each separate establishment for carrying on a gainful occupation, including farming. B. "Compost" shall mean organic material resulting from biological decomposition of waste, which can be used as a soil conditioner or soil amendment. C. "Dwelling Unit" shall mean each household unit occupied by a single family. D. "Farm" shall include, but not be limited to, the definition of business and the definition of dwelling unit, and shall include any land, farm houses, farm barns, farm outbuildings or other buildings or structures and lands which are primarily adapted by nature and area for use for agricultural purposes. E. "Garbage" shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooling, and consumption of foods including animal carcasses or parts thereof, and shall include all waste material, by-products of a kitchen, every refuse accumulation of animal, fruit or vegetable matter. F. "Hazardous Materials" shall mean any hazardous waste or hazardous substance regulated by state and federal law. G. "Health Department" shall mean the Black Hawk County Department of Public health. H. "Person" shall mean each single person or head of each family occupying a separate family dwelling unit or each person, firm or corporation operating as a separate business unit. I. "Premises" shall mean the property occupied by a separate family or business unit whether or not the same be separately owned.

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J.

"Multiple Dwelling Unit" shall mean two or more dwelling units connected or adjoining one another.

K. "Refuse" shall mean non-hazardous materials and rubbish such as papers, rags, and similar materials. L. "Yard Wastes" shall mean organic debris such as grass clippings, leaves, tree limbs, bark, branches, flowers, etc. that are produced as part of yard and garden development or maintenance. Yard Waste shall not include: 1. Tree stumps. 2. Material meeting the definition of garbage as provided herein. 3. Flower and decorative products manufactured or fabricated or the waste by-products incidental to their manufacture or fabrication, which includes organic materials and other non-organic wastes which are not practically separable. Examples of this exemption include, but are not limited to things such as flower arrangements; decorative potted plants, wreaths, bouquets, garlands, and small bedding flats. 4-1-3. SEPARATION OF GARBAGE, REFUSE, AND YARD WASTE. A. All yard waste shall be separated from all other garbage and refuse accumulated on the premises by the owner or occupant and disposed of as hereinafter provided. B. It shall be a violation of this Ordinance to deposit any garbage, refuse, hazardous waste or substance or yard waste in any location within the County unless deposited as provided by County Ordinance, State or Federal law. C. Disposition of garbage, refuse, and yard waste shall be in areas designated by the Board of Supervisors and the Black Hawk County Solid Waste Commission. D. Yard waste which is generated upon the same premises where it originated may be composted and disposed of by composting on that premises, provided the composting does not create a nuisance. Determination of whether a nuisance is created shall be based upon an opinion of the Black Hawk County Department of Health as to whether a nuisance exists. 4-1-4. APPLICATION. This Ordinance shall apply to each owner and occupant of any farm, business, or dwelling unit located within the unincorporated areas of Black Hawk County, Iowa. 4-1-5. ACCUMULATIONS OF GARBAGE, REFUSE, AND YARD WASTE. It shall be unlawful for any person to permit accumulation on any premises, improved or vacant, or any public place in the County, any quantities of garbage, refuse or yard waste, either in containers or not, which shall, in the opinion of the Department of Health, constitute a nuisance. 4-1-6. TRANSPORTATION OF GARBAGE, REFUSE, AND YARD WASTE MATERIAL. No person shall haul, transport or otherwise convey any garbage, rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or any other waste material within this County unless the same is contained in covered receptacles or is otherwise secured either to or within the vehicle so that said material does not fall or blow off, or out of the vehicle hauling the same. In 62

the event any of said material falls or blows off, or out of the vehicle, the person hauling the same shall clean up all of the waste material. 4-1-7. DUMPING IN UNAUTHORIZED PLACE. Any person who shall use any lot, open space, or roadway in the County instead of the location provided for or established by the Black Hawk County Board of Supervisors for the dumping or depositing of dead animal matter, garbage matter and offensive materials including garbage, refuse and yard waste, shall be in violation of this Ordinance. 4-1-8. ENFORCEMENT. A violation of this Ordinance shall be considered a violation of the Black Hawk County Infractions Ordinance, and shall be punishable as provided in said Infractions Ordinance.

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TITLE IV - PUBLIC WORKS CHAPTER 2 - SNOW AND ICE REMOVAL

4-2-1 4-2-2 4-2-3

Purpose Level of Service Sequence of Service

4-2-4 4-2-5 4-2-6

Limitation of Service Emergency Violation

4-2-1. PURPOSE. The purpose of this ordinance is to establish Black Hawk County's policy and level of service in respect to clearance of snow or ice and maintenance of its secondary road system during the winter months, specifically defined as November through April, as provided in Section 668.10(2) (2001), Code of Iowa, and pursuant to the provisions of Section 309.67, Code of Iowa. This policy and level of service are to be implemented within the amount of money budgeted for this service, and as contained in this County's secondary road budget as submitted to and approved by the Iowa Department of Transportation and adopted by the Board of Supervisors. The clearance of roads at any cost, under any circumstances, day or night, is not the County's policy. 4-2-2. LEVEL OF SERVICE. Clearance of snow or ice and maintenance of the secondary road system during the winter months is primarily for the benefit of the local residents of this county. Each storm has individual characteristics and must be dealt with accordingly. The portion of the roadway improved for travel will have upon it snow and ice in compacted condition. These conditions may be continuous, or they may be more concentrated on hills, in valleys, curves, and/or intersections. The County's existing snow removal equipment will be utilized for this purpose. On occasion County personnel may be rendered unavailable due to the requirements of the Omnibus Transportation Employee Testing Act of 1991. Except for "emergencies" as determined by the County Engineer's professional judgment, or his/her designee acting in his/her absence, on a case by case basis, all clearance of snow or ice, sanding, salting, and other maintenance respecting winter conditions shall be accomplished within the amount of money budgeted for this service and as practicable. The entire width of that portion of the road improved for travel may not be cleared of snow, ice, compacted snow and ice, or frost. Snow cleared from that part of the roadway improved for travel shall be placed on or in the adjacent shoulder, ditch, or right of way. Snow can be expected to accumulate adjacent to the traveled portion to the extent that a motorist's sight distance to both the left and right may be greatly reduced or impaired. The snow removed from intersections will be piled in its corners in piles of unequal height. The lines of sight, sight distance, or visibility of motorists approaching these intersections may be greatly reduced or impaired. The County shall not be responsible for snow pushed or otherwise placed on the roadway or shoulders by others. Motorists shall drive their vehicles during these conditions with additional caution and watchfulness, especially in respect to the surface of the roadway, and reduced or impaired visibility, and are advised to reduce their speed at least 25 miles per hour below that legally permitted or advised under normal conditions. In respect to roadways that have only one lane open, further extreme watchfulness and caution should be exercised by the motorists, and their speed should not exceed 10 miles per hour. During these conditions, no additional warning or regulatory signs will be placed warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be.

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4-2-3. SEQUENCE OF SERVICE. In the implementation of snow and ice removal and other maintenance of the County's secondary road system during the winter months, the County Engineer shall select the actual sequence of roads to be cleared as provided for in this section of the ordinance, and shall determine when drifting, wind velocity, and additional snow or snowstorms require that the snow removal equipment be removed from the roadway, or that additional clearance of paved roads be accomplished prior to the clearance of gravel and dirt roads. The County Engineer's professional judgment, or his/her designee's, shall prevail, unless it is clearly erroneous. A. Paved Routes 1. The initial effort will be to get all routes open to two-lane traffic as soon as possible and or practicable. During initial snow removal operations, paved roads may only have one lane plowed for a period of time. 2. After two-lane travel is possible, subsequent snow removal will be carried on during normal working hours. 3. The truck mounted snowplows and spreaders will not normally be in operation between the hours of 5:00 PM - 5:00 AM. The trucks may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Engineer or his delegated representative. 4. When required, due to drifting snow, motor graders may be used to keep the paved roads open and the opening of gravel may be delayed. 5. It is not the policy of the county to provide a "dry" pavement condition. 6. After roads have been plowed, as provided in the section, intersections, hills, and curves may, but not necessarily, have placed on them, salt, sand, or other abrasives. These intersections, hills, and curves may not be re-sanded, re-salted, or have other abrasives replaced on them between snowstorms. There is no time limit after a snowstorm in which any of the above sequence of clearance, on paved or unpaved roads, shall take place. B. Unpaved Roads 1. The initial effort will be to get all routes opened to one-lane traffic as soon as possible and/or practicable after a storm has passed. 2. After one-lane travel is possible, subsequent snow removal will be carried on during normal working hours. 3. Motor graders and/or truck plows will not normally be in operation between the hours of 5:00 PM - 5:00 AM. The motor graders and/or truck plows may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Engineer or his/her delegated representative. 4. Snow may not be removed from roads designated at Level B. 65

5. Ice conditions. The County Engineer's judgment shall prevail. C. Private Drives 1. The County will not clear snow from private drives Normal snow removal operations may result in snow being deposited in private drives. Snow from private drives shall not be placed on the roadway or shoulders. D. Mailbox Replacement 1. The County will assume no liability for mailboxes and fences damaged because of snow removal unless such action can be determined to be malicious. The County will not replace mailboxes damaged or knocked down by the force of snow thrown from the plow. E. Adjacent Property Owners 1. Individuals shall not push snow from their yards and driveways into the road or right-of-way, or push the snow across the road leaving a large deposit of snow. This practice causes hazards for the traveling public and could block the sight distance. This also causes a snow trap and the possibility of more drifting snow. 4-2-4. LIMITATION OF SERVICE. Not withstanding anything else stated in this ordinance, the policy and level of service proved for in this ordinance shall not include the following, and the following services shall not be performed: A. Sanding, salting, or placing other abrasives upon the roadways that are slick, slippery, and dangerous due to the formation of frost. B. Sanding, salting, or placing of other abrasives upon paved roadways due to freezing rain that occurs outside the County's usual working hours. C. Placing of additional warning or regulatory signs warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be. D. Sanding, salting, or placing abrasives upon any road, except for paved roads. If in the opinion of the County Engineer, or his/her designee, an "emergency" exists and ice has built up on hills and intersections on the gravel system that slope down to another road so as to become dangerous, abrasive material may be applied at these locations as crew and equipment availability allows and only as a last resort. This condition will not, under any circumstances, take higher priority than placing of abrasive material on the paved road system and will only be done after the paved roads are cleared of ice and snow. Abrasive material will also only be placed after other mechanical means have been tried and failed, such as scraping with motor graders. E. Removing of sand, salt, or other abrasives. F. Plowing, sanding, salting, or placing of abrasives on any road that is not within the jurisdiction of the county, unless it is agreed to do so by a 28-E Agreement between the county and entity having jurisdiction of the road. 66

4-2-5. EMERGENCY. A. Service or the level or sequence of service may be suspended during "Emergency" conditions. An "Emergency" condition shall be considered as one where loss of life is probable, where a serious injury has occurred, or where extensive loss of property is imminent. These conditions should be verified through the 911 dispatcher or Sheriff's Office. The County may respond to all " Emergency" conditions, either during or after a snowstorm. Any person who makes a false report of an "Emergency" to an officer, official, or employee of Black Hawk County or who causes a false report to be so made shall, upon conviction, be subject to a fine of not more than $100.00 or imprisonment of not more than 30 days in the County jail. B. Service or the level or sequence of service shall be further suspended in the event the Governor, by proclamation, implements the State Disaster Plan, or the Chairman of the Board of Supervisors, by proclamation, implements the County Disaster Plan. If such occurs, the County personnel and equipment shall be immediately subject to the direction of the Governor or the Chairman of the Board of Supervisors. 4-2-6. VIOLATION. A violation of this chapter shall be deemed a County Infraction with penalties provided for a violation of a County Infraction.

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TITLE IV - PUBLIC WORKS CHAPTER 3 - RURAL WATER DISTRICT RULES AND REGULATIONS ­ WASHBURN

4-3-1 4-3-2 4-3-3

Purpose Definitions of Words and Terms Rules and Regulations for Operation and Maintenance

4-3-4 4-3-5 4-3-6

Washburn Rural Water District Water Rates Washburn Water District Water Meters Washburn Water District Advisory Board

4-3-1. PURPOSE. The purpose of this Chapter is to regulate the Washburn Rural Water District and establish water rates, deposit requirements, and discontinuation of service provisions and user rates and charges. 4-3-2. DEFINITIONS OF WORDS AND TERMS. A. "Agreement" means that certain agreement entitled "28E Agreement between Waterloo Water Works Board of Trustees and Black Hawk County", dated April 26, 1995 and recorded in Misc. Book 315 Page 476, and a copy of which is on file in the office of the County Auditor. B. "Applicant" means a person or persons applying for water service as owner, agent for owner, or tenant of property in the Washburn Rural Water District. C. "Board" means the Board of Supervisors of the County of Black Hawk, State of Iowa. D. "Connection" means a tap, service line, and appurtenances to provide water service to a property. E. "Connection Charge" means an amount payable to the county to reduce the indebtedness incurred by the county for the installation of rural water distribution system. F. "County" means the government of Black Hawk County, a political subdivision of the State of Iowa. G. "Customer" means a person or persons who make application for water service for which rates and charges are incurred. H. "District" means the Washburn Rural Water District, as described in the Agreement. I. J. "Meter" means a mechanical device used to measure water quantity. "Owner" means the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts.

K. "Plumber" means plumbers licensed by any governmental body located within Black Hawk County, which body is authorized to issue said license. L. "Service Charge" means a charge to a customer authorized by the Black Hawk County Board of Supervisors or the Waterloo Water Works Board of Trustees. 68

M. "Service Line" means a water pipe normally of three-quarters (3/4) to one (1) inch in diameter, extending from a tap in the water main to a customer's water meter, including the tap and the curb stop/pay box. N. "Utility" means the water distribution system constructed in the Washburn Rural Water District and the rules of administration applicable to the management of the system. O. "Water Supply System" means the water supply system of a building, or premises, consisting of the water service pipe, the water distributing pipes, and the necessary connecting pipes, fittings, control valves and all appurtenances in or adjacent to the building or premises. P. "Water Usage Rates" means a water usage charge as established by the Waterloo Water Works Board of Trustees and adopted by the Black Hawk County Board of Supervisors by agreement. Q. "Water Main" is defined as a water pipe normally of a size larger than one and one-half (1 1/2) inch diameter and installed to provide water service to two (2) or more water users. R. "Water Works" means the City of Waterloo Water Works administered by a Board of Trustees according to Code of Iowa, Chapter 388. S. "Waterloo Water Works Board of Trustees" means the administrative authority of the water utility according to Code of Iowa Chapter 388. 4-3-3. RULES AND REGULATIONS FOR OPERATION AND MAINTENANCE. A. Customer Service Area. The County has installed a rural water distribution system in the area commonly known as the Washburn Rural Water District (hereinafter referred to as the "Utility"), wherein an owner of the premises used for human occupancy, employment, or other like purposes whose premises have been connected to the utility, shall be required to pay water usage rates and service charges, which rates and charges shall be established by the County in the Washburn Rural Water District Water Rates. A map of the district is located in the office of the Black Hawk County Engineer. B. Application for Service. The owners of the premises used for human occupancy, employment or other like purposes, who desires to be connected with the water main shall be required to sign an application that the owner desires service. No application shall be approved in the event that the County determines that it is not reasonably feasible for economic or other reasons. Applications upon a form to be supplied by the Water Works for all connections shall be filed with the Water Works as agent for Black Hawk County, operator of the Utility, pursuant to the Agreement. The application shall state the name of the applicant and the premises to be served. C. Water Main Connection. All taps and connections to the water mains of the Utility shall be made by and/or under the direction and supervision of the Water Works personnel and constructed in accordance with the provisions of this Ordinance. Any new service line installed after the original construction of the Utility shall be installed at the sole expense of the owner. The minimum earth cover of the service shall be five (5) feet. The Utility shall recommend the size and kind of service line to be installed. Repair and maintenance of the service line from the water 69

main to the premises shall be the sole responsibility of the owner. Connection to the Utility shall be at the option of the County, as delegated by the Board to the Water Works. All owners requesting connections for a water service line installed after the original construction of the utility shall pay the connection charge provided in Section 3(b). D. Compliance with Rules. Application may be canceled and/or water service discontinued by the Water Works for any violation of any rule, regulation or condition of service, after notice of an opportunity for hearing, if so requested, before the Office Manager of the Utility, General Manager of the Utility, Waterloo Water Works Board or the County Board of Supervisors, including, but not limited to the following: 1. Misrepresentation in the application as to the property or fixtures to be supplied or use to be made of water; 2. Failure to report to the Water Works additions to property or fixtures to the supplies or additional use to be made of water; 3. Waste or misuse of water due to improper or imperfect service pipes; and/or 4. Tampering with a meter, meter seal, service or valve or permitting such tampering by others; 5. Nonpayment of bills; and 6. Creation of back flow condition, cross connection with private well, or other water sources and/or failure to immediately eliminate the cross connection condition. E. Notice for Discontinuance Required. Any customer desiring to discontinue the water service to the premises for any reason must give notice of discontinuance at the business office of the Utility. The customer shall remain liable for all water used and service rendered by the Utility until said notice is received by the Utility. F. Interruption of Service. The Utility shall make all reasonable efforts to eliminate interruption of service, and when such interruptions occur, will endeavor to re-establish service with the shortest possible delay. Whenever the service is interrupted for the purpose of working on the distribution system or the station equipment all customers affected by such interruption will be notified in advance whenever it is possible to do so. The Utility, or an agent for Black Hawk County as operator of the Utility, shall in no event be held responsible for claims made against it by reason of the breaking of any mains or service pipe or by reason of any other interruption of the supply of water caused by the breaking of machinery, stoppage for necessary repairs or from frozen main or service pipe. G. Valves Required. Customers having boilers and/or pressure vessels receiving a supply of water from the Utility must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case the water supply from the Utility is disconnected or interrupted for any reason, with or without notice. H. Tap Permit Required. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb the water mains or appurtenances thereof without first obtaining a written permit. Before a permit may be issued, the person applying for such permit shall have 70

first satisfied the Certificate of Insurance requirements under the provisions of Black Hawk County Ordinance No. 35 (or such changes or amendments to that Ordinance as may occur), providing proof that the permit applicant has a Certificate of Insurance in force covering the job for which the permit is sought. Such Certificate of Insurance shall in all ways comply with the requirements of Ordinance No. 35 (or its changes and amendments) and be filed as required by the Ordinance. There is one class of permit application, to be made by the owner or designated agent. In the event that the Utility deems it necessary, the permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Utility. Service lines shall be constructed in accordance with the rules and regulations of the Water Works. The water supply system shall be constructed in accordance with the State Plumbing Code. I. Excavation Permit Required. Any excavation work on public rights-of-way near the Utility shall not commence without the issuance of a County permit for underground work, which permit may be obtained from the County Engineer or designee thereof. A record shall be kept of said excavation permit by the County Engineer. Plumber Required. It shall be unlawful for any person other than a licensed plumber to do plumbing on any owner's water system connected with the Utility. However, the owner of residential property on which the plumbing is being performed by the owner himself/herself shall not need any such license.

J.

K. Cross Connections Prohibited. Cross connection between private well systems and the Utility is hereby prohibited. L. Responsibility of Property Owner. If any loss or damage to the property of the Utility or of the Water Works or any accident or injury to persons or property is caused by results from the negligence or wrongful act of a customer, be it an owner or a tenant; or an agent or employee of said customer, or a member of said customer's household, the cost of the necessary repairs or replacement shall be paid by the customer to the Utility and/or the County and any liability otherwise resulting shall be that of the owner. M. Use of Water Limited. Water furnished by the Utility shall be used solely at the location for which service has been requested and at which an approved meter has been installed, and shall not be resold. N. Use of Easements. Each owner shall grant or convey, or shall cause to be granted or conveyed, to the County a permanent easement and right-of-way across any property owned or controlled by the owner whenever said easement or right-of-way is necessary for the Utility, so as to be able to furnish service to the premises. O. Extensions of Water Lines. The County will construct extensions to its water lines to points within the District but the County shall not be required to make such installations unless the customer pays the required cost of the installation. All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the County and such extensions shall be the property of the County and no other person shall have any right, title or interest therein. Extensions of water lines and the maintenance thereof shall be in accordance with the agreement entered into between the County and the Water Works.

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P. Right to Refuse Service. The County or the Water Works may refuse service to persons not presently customers when, in the opinion of the County or the Water Works, the capacity of the facilities will not permit such services or for failure to follow good engineering practices and standards of the Water Works Industry. 4-3-4. WASHBURN RURAL WATER DISTRICT WATER RATES. A. Water Usage Rates. There shall be and there are hereby established water usage rates for the use of and for the service supplied by the County through the Water Works based upon the meter readings for the amount of water consumed at rates set by the Board. Rules and Regulations established by the Water Works and in effect as of the date of the analysis of these rates are herein adopted and any and all charges or amendments of said rules and regulations as made by the Water Works and approved by the Board shall govern said water usage rates and charges. In addition to such rates, there shall be a charge of $2.00 per month for operation and maintenance. B. Connection Charge. In addition to water usage rates as established by the County, all property owners who are Utility customers shall pay a connection charge as hereinafter provided, which connection charge has been established at $3,333.00 per hook up as a pro rata share of indebtedness incurred by the County for the construction of the water supply system. The connection charge shall be paid in full at the time of application, or customers as of May 31, 1995 may, by filing the appropriate connection charge agreement, pay said amount in monthly installments of Twenty-three Dollars ($23.00) per month until paid. The unpaid balance of the connection charge may be paid in accordance with the schedule of payments attached hereto as Exhibit "A" and made a part hereof by this reference. Discontinuance of service shall not relieve the said monthly repayment requirements. The County shall retain a lien on the real estate for the unpaid balance. Nonpayment of said $23 monthly fee for more than six months shall cause this time payment option to be canceled. C. Connection Charge Agreement. No monthly payment option will be approved unless the property owner has executed and filed with the Water Works a valid Connection Charge Agreement. D. Billing for Water Service. It is hereby made the duty of the Water Works, as designated by the Board, to render bills for water usage and service and all other charges in connection therewith and to collect all monies due there from pursuant to the Agreement, as the same may be from time to time amended. If any bills have not been paid by the eighteenth (18th) day after the date of issue, a delayed payment charge of five percent (5%) of the amount of the bill shall be added to each delinquent bill. E. Lien. All rates, fees and charges, including the connection charge provided in Section 3(b) of this Ordinance are if not paid, a lien upon the property or premises served upon certification to the County Treasurer that the same are due. The Water Works shall comply with the state statute with respect to the perfection and collection of said liens. F. Service Discontinued. Water service to delinquent customers shall be discontinued in accordance with the following: 1. Notice. Any bills not paid on or before the eighteenth (18th) day after the date of issuance shall be deemed delinquent and the Water Works shall serve on the customer a written notice of said delinquency. If an overdue bill is not paid within five (5) working days of service of 72

the overdue notice, the Water Works shall serve a final notice of payment to be due within an additional five (5) days. The final notice may be served by mail or by delivery to the premises. 2. Service Discontinued. If the water bill has not been paid after the final notice, the water supply to the customer may be discontinued without further notice. 3. Fees. A charge will be made for reconnection of water service but the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer have been paid in cash at the business office of the Water Works. G. Customer Deposits. There shall be required from every customer, not the owner of the premises, served a One-Hundred Dollar ($100) deposit intended to guarantee the payment of bills for service. H. Black Hawk County Water Revenue Fund. Except as provided in the Agreement, all revenues and monies derived from the operation of the Utility shall be paid to and held by the County separate and apart from all other funds of the County and all of said sums and all other funds and monies incidental to the operation of said system, as may be delivered to the County, shall be deposited in a separate fund designated the "Black Hawk County Water Revenue Fund," and the County shall administer said fund in the manner provided by the Code of Iowa and all-other laws pertaining thereto. I. Accounts and Auditing. The County shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the Utility and at regular intervals the Board shall cause to be made an audit by an independent audit concern or the State of Iowa of the books to show the receipts and disbursements of the utility.

4-3-5. WASHBURN WATER DISTRICT WATER METERS. A. Water Use Metered. All water meters shall be installed, maintained and removed by and at the expense of the Water Works, which reserves the right to determine the size and type of meter used. B. Meter Testing. Upon the written request of any customer, the meter serving said customer shall be tested by the Waterloo Water Works. Costs, if any, for said testing shall be governed by the rules and regulations as set forth by the Waterloo Water Works Board of Trustees as adopted by the Board. C. Reading Unobtainable. Where a meter has ceased to register, or meter reading could not be obtained, the quantity of water consumed for billing purposes will be based upon a representative period of water usage and the conditions of water service prevailing during the period in which the meter failed to register. D. Water for Construction Purposes. Water for building or construction purposes will be governed by the rules and regulations as set forth by the Waterloo Water Works Board of Trustees. Water so supplied shall be discharged through a hose or pipe directly upon material to be wet, or into a barrel or other container. All use of water by other than applicant or use of water for any purpose 73

or upon any premises not so stated or described in the application must be prevented by the applicant or water service may be discontinued without notice. E. Right of Entry. The premises receiving a supply of water and all service lines, meters and fixtures, including any and all fixtures within the said premises, shall at all reasonable hours be subject to inspection by duly authorized employees of the Water Works to examine pipe and fixtures and also for the purpose of reading meters. F. Water Used for Public Purposes. Special terms and conditions may be made where water is used by the County or community for public purposes such as fire extinguishment, public parks, etc. 4-3-6. WASHBURN WATER DISTRICT ADVISORY BOARD. A. There is hereby created an Advisory Board within the Washburn Water District consisting of three members who are customers of the Utility and also reside within the District. B. Term. Members shall be appointed by the Board of Supervisors for three year terms; however, initial appointment shall be for one, two or three years, so as to have staggered three year terms. Advisory Board members shall serve without compensation except for reimbursement of actual expenses incurred. C. Removal. Any member may be removed by the Board of Supervisors at any time with or without cause. D. Vacancies. In the event an Advisory Board vacancy occurs for any reason, the Board of Supervisors may fill the vacancy for the unexpired term. E. Organization. The Board of Supervisors shall designate one member of the Advisory Board as Chairperson and one member as Secretary. F. Meetings. The Advisory Board shall meet regularly and shall keep accurate records and minutes of its meetings. Meetings of the Advisory Board shall be subject to the Iowa Open Meetings Law. G. Quorum. Two members of the Advisory Board shall constitute a quorum. H. Powers and Duties: 1. To meet and review the operations of the Utility and the relationship of the County with the users of the Utility and also with the Water Works. 2. To advise the Board of Supervisors of all matters pertaining to findings and recommendations. 3. The Advisory Board shall not have the power to contract or adjust rates and charges, or to assume any responsibility not specifically authorized by the Board of Supervisors.

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TITLE IV. PUBLIC WORKS CHAPTER 4 ­ BLACK HAWK COUNTY PLUMBING CODE

4-4-1 4-4-2 4-4-3 4-4-4 4-4-5 4-4-6 4-4-7

4-4-8 4-4-8.5 4-4-9 4-4-10 4-4-11 4-4-12 4-4-13 4-4-14 4-4-15 4-4-16 4-4-17 4-4-18 4-4-19 4-4-20 4-4-21 4-4-22 4-4-23 4-4-24 4-4-25 4-4-26 4-4-27 4-4-28

4-4-29 4-4-30 4-4-31

Title Application and Scope Plumbing Inspector: Appointment; Qualifications Plumbing Inspector: Powers and Duties Plumbing Inspector: Right of Entry Defective Work; Unsanitary Condition Maintenance, Repairs and Replacements of Double or Multiple House Sewer Connections Plumbing Board for Licensing and Appeals Pipe Layer Designation of Plumbing Board Journeyman Plumber Master Plumber License: Application, Examination, Fee, Issuance Master Plumber Business (Contractor's) License Unlawful to Work without License, or to Lend or Borrow License Advertising Revocation of Licenses Apprentice Plumber License Renewal Retirement license Master Plumber's Certificate of Insurance Persons Authorized and Reporting Application for Permit Installation by Owner Notification for Inspection Change in Use of Plumbing System Applicability/Ordinance to Existing Buildings Uniform Plumbing Code Adopted Amendment to 102.3, Violations and Penalties, of UPC 102.3.3 County Infraction Amendment to 103.4, Fees, of UPC Amendment. to 305, Sewers Required, of UPC 305.4 Public Systems Available Amendment to 603.3, Specific 75

Requirements1 of UPC 4-4-32 Amendment to 604, Materials, of UPC 4-4-33 Amendment to 608, Water Pressure, Pressure Regulators, and Pressure Relief Valves, of UPC 4-4-34 Amendment to 701, Materials, of UPC 4-4-35 Amendment to 703, Size of Drainage Piping, of UPC 4-4-36 Amendment to 707, Cleanouts, of UPC 4-4-37 Amendment to 710, Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer Level, of UPC 710.13 Prohibited Drainage 4-4-38 Amendment to 712, Testing, of UPC 4-4-39 Amendment to 713, Sewer Required, of UPC 4-4-40 Amendment to 717, Size of Building Sewers, of UPC 4-4-41 Amendment to 720, Sewer and Water Pipes, UPC 4-4-42 Amendment to 903, Materials, of UPC 4-4-43 Amendment to 904, Size of Vents, of UPC 4-4-44 Amendment to 905, Vent Pipe Grades and Connections, of UPC 4-4-45 Amendment to 906, Vent Termination, of UPC 906.7 Frost or Snow Closure 4-4-46 Amendment to 1007, Trap Seal Protection, UPC 4-4-47 Amendment to 1008, Industrial Interceptors (Clarifiers) and Separators, of UPC 4-4-48 Amendment to 1012, Grease Interceptors for Commercial Kitchens, of UPC 4-4-49 Adding 1014, Residential Garage Interceptor, to UPC 4-4-50 Plumbing Permit Fees Schedule EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D"

4-4-1. TITLE. This chapter shall be known as the "Black Hawk County Plumbing Code" and may be so cited and may be referred to hereinafter as "the Code" or "this Code. (Ordinance 46) 4-4-2. APPLICATION AND SCOPE. This Ordinance shall be read with and work in conjunction with the Black Hawk County Sewer Ordinance known as Ordinance No. 47. The provisions of this Code shall include and apply to all plumbing work, plumbing installations, and plumbing equipment hereinafter installed, constructed, altered, serviced, or repaired in, for, or about any new, remodeled, or relocated building or structure in Black Hawk County, Iowa, located within the following geographic area: The community known as Washburn, Iowa, and bounded by: The East One-half (E1/2) of the Northwest Quarter (NW1/4), and that part of the Northeast Quarter (NE1/4) lying Southwesterly of and including the right of way of the INRC, Inc. (former Chicago, Rock Island and Pacific Railroad), lying within said Northeast Quarter (NE1/4), all in Section Twenty-nine (29), Township Eighty-eight North (T88N), Range Twelve West (R12W) of the Fifth Principal Meridian, Black Hawk County, Iowa. Also, the East One-half (E1/2) of the East One-half (E1/2) of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of said Section Twenty-nine (29). Also, that part of the Northeast Quarter (NE1/4) of said Section Twenty-nine (29) lying East of the INRC, Inc. (former Chicago, Rock Island and Pacific Railroad) right of way and lying West of the West line and Northerly extension of Soppe Addition. Also, that part of the North Two Hundred (200) feet of the Northeast Quarter (NE1/4) of said Section Twenty-nine (29), lying East of the Northerly extension of the West line of Soppe Addition and lying West of the West line of Lot A in Soppe Addition. Also, the North three Hundred (300) feet of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of said Section Twenty-nine (29). Also, that part of the Southwest Quarter (SW1/4) of Section Twenty (20), Township Eighty-eight North (T88N), Range Twelve West (R12W) of the Fifth Principal Meridian, Black Hawk County, Iowa, lying South of U. S. Highway No. 218, except the West One Thousand (1,000) feet thereof. Also, that part of the West One-half (W1/2) and the Southeast Quarter (SE1/4) of said Section Twenty (20) bounded on the Southwest by the Southwesterly right of way line of U.S. Highway No. 218; bounded on the Northwest by a line which lies One Hundred Forty (140) feet normally distant and Northwesterly from the Northerly line of Willow Street and the Southwesterly and Northeasterly extension of said Northerly line; and bounded on the Northeast by the Easterly line of the INRC, Inc. Railroad. Also, the South Three Hundred (300) feet of the Southeast Quarter (SE1/4) of said Section Twenty (20) lying East of the INRC, Inc. Railroad right of way and lying West of the Northerly extension of the West line of Lot A, Soppe Addition. 4-4-3. PLUMBING INSPECTOR: APPOINTMENT; QUALIFICATIONS. A. Appointment. The Plumbing Inspector shall be appointed by the Board of Supervisors of Black 76

Hawk County, Iowa, after being tested by the Civil Service Commission and upon recommendation by the Black Hawk County Building Official, and shall work under the direction of the Black Hawk County Building Official. Such appointment shall be in conjunction with the City of Waterloo under the designation of the Plumbing Board set out in Section 9. B. Qualifications. The appointee shall (1) be a licensed practical journeyman or master plumber with not less than ten (10) years experience; (2) possess a Certificate of Competency issued by the City of Waterloo or must submit to an examination of competency administered by the City of Waterloo Board of Plumbing Examiners; (3) possess a valid driver's license; (4) possess such executive ability and requisite licenses for the performance of required duties and shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of plumbing equipment; (5) shall be well versed in improved methods of construction for safety to persons and property, the statutes of the State of Iowa relating to sanitation and plumbing, and any orders, rules, and regulations issued by authority thereof, and in the Uniform Plumbing Code. C. Prerequisite license. The Plumbing Inspector shall hold a current journeyman plumber license with the City of Waterloo and shall be required to pass an examination for journeyman prior to appointment. D. Non-compete. It shall be unlawful for the Plumbing Inspector to engage in the business of sales, installation, or maintenance of plumbing equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in Black Hawk County, within the geographic confines of this Ordinance, at any time while holding office as herein provided for. 4-4-4. PLUMBING INSPECTOR AND BLACK HAWK COUNTY BUILDING OFFICIAL: POWERS AND DUTIES. The Plumbing Inspector and Black Hawk County Building Official are empowered to inspect any and all buildings or structures, public or private, and, as herein provided, to condemn and order removed or remodeled and put into proper and safe condition all plumbing and plumbing-related items for the protection of public health, safety, and welfare. The Plumbing Inspector shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to matters in this Code or not specifically covered thereby. The Black Hawk County Building Official shall keep records of sewer connections from the sewer main(s) to the property line and from the property line to each building connected to sewer services. The Black Hawk County Building Official shall be the Administrative Authority for the administration of the Plumbing Code of Black Hawk County, Iowa. 4-4-5. PLUMBING INSPECTOR: RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any of the provisions of this Plumbing Code, or whenever the Plumbing Inspector or authorized representative has reasonable cause to believe that there exists in any building or upon any premise, any condition which makes such building or premises unsafe, or causing a problem with public sewer, the Plumbing Inspector or authorized representative may enter such building 77

or premises at all reasonable times to inspect the same or to perform any duty imposed by this Code, provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Plumbing Inspector or an authorized representative shall have recourse to every remedy by law to secure entry. 4-4-6. DEFECTIVE WORK; UNSANITARY CONDITION. Whenever it shall come to the knowledge of the Plumbing Inspector that the plumbing in a building causes a nuisance, or a problem with public sewer, or may cause disease, sickness, or otherwise becomes a hazard to health, it shall be the duty of said inspector to make an inspection of such plumbing and render a report to the proper party, setting forth the necessary repairs or alterations required to make such plumbing conform to this ordinance. The inspector shall set a limit of time in which such repairs or alterations are to be made, and upon the refusal or neglect of the owner, agent, lessee, or tenant to comply with said notice within the time stated, the Plumbing Inspector shall cause such repairs or alterations to be made and such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made. 4-4-7. MAINTENANCE, REPAIRS AND REPLACEMENTS OF DOUBLE OR MULTIPLE HOUSE SEWER CONNECTIONS. A. When it shall become necessary to make any repairs or to make any replacements or in the event of any cost of maintenance of a double or multiple house sewer between the public sewer and the point of connection from which such multiple connections are extended, the owner of each structure, residence or building served by such double or multiple house sewer shall pay their proportionate share of the expenses of such repair, replacement or maintenance cost. Such double or multiple sewer shall be construed to mean from the branch opening where the individual sewers enter the double or multiple house sewer to the point of connection at the public sewer. B. That in the event the owner of each structure, residence, or building served by such double or multiple house sewers shall fail to maintain or repair the same or to make any replacements in the same and to pay their proportionate share of expense incident thereto, Black Hawk County, Iowa, shall have the power to order said replacements, repairs or maintenance, as the case may be, and the actual cost thereof shall be assessed against such property by certifying the costs to the County Auditor for collection as other special taxes. 4-4-8. PLUMBING BOARD FOR LICENSING AND APPEALS. A. Establishment of the Board. There is hereby established a Plumbing Board for Licensing and Appeals, hereinafter referred to as the "Board", with authority and responsibility as follows: 1. Authority to license a person as a plumbing contractor or journeyman plumber. 2. To act as a Board of Appeals as provided in the Black Hawk County Plumbing Code. 3. To periodically review the provisions of the Black Hawk County Plumbing Code and make recommendations to the Black Hawk County Board of Supervisors for improving and updating said document. 78

4. To register apprentice plumbers and keep records of such. B. Composition of the Board. The Board shall consist of five members, all of whose place of business, residence, or work is located in an incorporated or unincorporated area of Black Hawk County, Iowa. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of plumbing. The membership shall be as follows: two licensed master plumbers, one licensed journeyman plumber, one registered professional mechanical engineer, and one member at large, with no one company or interest being represented by more than one member of the Board. The County Plumbing Inspector or their designee shall act as Secretary to the board. C. Appointment of Members and Terms of Office. The members of the Plumbing Board for Licensing and Appeals shall be appointed by the Black Hawk County Board of Supervisors with the approval of the Black Hawk County Building Official. After the initial appointment of the Board, the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered that the terms of no more than two members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the Black Hawk County Board of Supervisors with the approval of the Black Hawk County Building Official for the unexpired portion of that term only. The members of the Board shall serve without compensation. The Board shall designate a member as chairperson and vice-chairperson and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the Black Hawk County Building Official with a duplicate copy to the appellant and may recommend to the Black Hawk County Board of Supervisors new legislation as is consistent therewith. D. Quorum. Three members of the Board shall constitute a quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a Board member who holds a similar valid license. Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the Board. E. Powers and Duties of the Board. The Plumbing Board for Licensing and Appeals shall have the following powers and duties: 1. To prescribe rules for the conduct of examinations of applicants for licenses. 2. To hold regular meetings when determined necessary for the purpose of conducting examinations of applicants for plumber's licenses or plumbing appeals. 3. To examine applications and applicants for licenses as journeyman or master plumbers. 4. To act upon reports of violations by licensed plumbers as filed by the Plumbing Inspector with the Board. 5. To prescribe rules consistent with the provisions of this Code for hearings before the Board to suspend, revoke, or reinstate licenses. 79

6. To revoke any license, by majority vote of all members of the Board, for repeated violations of this Code or the rules of the local or the state boards of health relating to plumbing, but only after the person charged with a violation has been afforded the opportunity to be heard in his or her own defense. 7. To keep a complete record of the official proceedings of the Board; to preserve all documents, books, and papers relating to appeals, examinations for licenses, and hearings of complaints and charges for at least three years. 8. To hear appeals from the decision of the Plumbing Inspector and to rule on interpretations of the provisions of the Black Hawk County Plumbing Code. F. Temporary permit. The Board may, with a concurrence of a majority of its members, pending the examination of any applicant, and upon the payment of the proper fee therefore, issue a temporary permit to an applicant allowing the applicant to work at or engage in the business of plumbing until such time of examination. However, said permit shall not be renewed or extended beyond the time of examination as set forth herein, and in case of failure of an applicant to pass and examination, no further permit shall be issued to the applicant. G. Waiver of examination-journeyman. The Board may, at its discretion, by majority vote of its members, issue to any applicant possessing a valid journeyman plumber's license from any other state, after satisfying itself of the validity of such license, and the qualifications of the holder thereof, waive examination of such applicant and upon compliance with all other regulations in this Code, issue to said applicant a journeyman plumber's license. H. Waiver of examination--master. The Board may, at its discretion, by unanimous vote of its members, issue a Certificate of Competency to any applicant who holds a bona fide current master plumber's license issued in the applicant's name from any other city or state, after satisfying itself of the validity of said license and the ability of the holder thereof, without requiring examination of such applicant, providing compliance with all other requirements of this ordinance has been made by such applicant. I. Current license holders. Any person who, prior to the effective date of this Code, holds a valid master plumber's license issued by the City of Waterloo shall, upon request to the Board, be issued a Certificate of Competency, and shall not be required to submit to the examination therefore, which is otherwise herein provided for. Any person who, prior to the effective date of this Code, holds a valid journeyman plumber's license issued by the City of Waterloo shall not be required to submit to the examination therefore, which is otherwise herein provided for.

4-4-8.5. PIPE LAYER. A. Definition: "Pipe Layer" shall mean a person who installs, lays, repairs, removes or caps off sanitary sewer pipe between the public sanitary sewer main in the street or easement and a point two feet outside the foundation wall of a building or structure. B. Qualifications: Pipe layer shall be qualified in the principles of the hydraulics of liquids in sewer pipes and related matters and shall be familiar with the pertinent provisions of the Black Hawk County Plumbing Code and the rules and regulations of the local and state Boards of Health as such provisions, rules and regulations pertain to sewers and sewer service pipes. 80

C. Licensing: Any person desiring to be licensed as a pipe layer shall make application to the Building Department on forms furnished by said Department accompanied by a fee. Upon receipt of the application and fee, the Building Department shall schedule the administration of a test prescribed by the Plumbing Board. If the applicant obtains a passing score he shall be issued a pipe layers license upon the payment of an additional fee of $25.00. D. License Renewal. A pipe layer's license shall be good for the fiscal year for which it is issued. A pipe layer's license may be renewed by payment of a fee of $25.00. E. License. A pipe layer's license shall not be construed as a license or permit to do plumbing work as a Journeyman Plumber or a Master Plumber in Black Hawk County, Iowa, as defined in the County Code. Except for the installation, laying, removing, repairing or capping off of sewer between public main and a point two feet outside building, every pipe layer shall be hereby prohibited from doing any plumbing work within Black Hawk County, Iowa, unless he is licensed as a plumber by the County in conformance with the provisions of the Black Hawk County Plumbing Code, as amended. F. Pipe Laying. No person, firm or corporation shall engage in the construction, reconstruction, laying, alteration, repair, removal, or capping off of a sanitary sewer between public main and a point two feet outside building in Black Hawk County, Iowa, (except for contracts let by County for initial installation, in which case engineering specifications of the public contract shall prevail) without first having obtained a Master Plumber's License or a Pipe Layer's License, after having placed an approved Certificate of Insurance on file with the County and having obtained the registered sewer permit from the Black Hawk County Building Official as required by this ordinance. 4-4-9. DESIGNATION OF PLUMBING BOARD. The Board of Supervisors may, by agreement in conjunction with the City of Waterloo, Iowa, designate the City of Waterloo Plumbing Board of Licensing and Appeals as the Black Hawk County Plumbing Board for Licensing and Appeals. Such designation shall cause the City of Waterloo Plumbing Board for Licensing and Appeals to have the same powers and duties that said Plumbing Board would have were it appointed by Black Hawk County. 4-4-10. JOURNEYMAN PLUMBER. The term "Journeyman plumber" shall include any person who installs, alters, services, or repairs plumbing which is by law, ordinance, or statute subject to inspection. A journeyman plumber must have sufficient education to understand plumbing and related matters as same applies to the public, and must know the provisions of this Code and the rules and regulations of the local and state boards of health governing plumbing In order to be permitted to sit for the examination for a journeyman's license, it shall be necessary for the applicant to present a subscribed and sworn to affidavit attesting to the fact that the applicant possesses a minimum of four years of practical experience at plumbing installations or four years as an apprentice plumber assisting in the installation of plumbing work. 4-4-11. MASTER PLUMBER. The term "Master plumber" shall include any person skilled in planning, superintending and installing plumbing, who satisfactorily passes an appropriate examination prior to being issued a license as a master plumber. Applicant must know the provisions of this Code and the rules and regulations of the local and state boards of health governing plumbing. 81

Applicant shall furnish the Board with affidavits setting out the applicant's practical experience prior to being issued a license. In order to be permitted to sit for the examination for a master plumber's license, it shall be necessary for the applicant to present a subscribed and sworn to affidavit attesting to the fact that the applicant possesses a valid journeyman's license. 4-4-12. LICENSE: APPLICATION, EXAMINATION, FEE, ISSUANCE. Any person desiring to be licensed as a journeyman or a master plumber shall make application therefore to the Board on forms obtained from the office of the Plumbing Inspector. 4-4-13. MASTER PLUMBER BUSINESS (CONTRACTOR' S) LICENSE. Applicants who have been issued a Certificate of Competency by the Board shall be certified to the Black Hawk County Auditor, who shall, upon the payment of an additional fee of one hundred dollars ($100.00) and having in place a certificate of insurance as herein provided for, issue to such applicant a Master Plumber Business (Contractor's) License in the name of Black Hawk County, Iowa, by the Board of Supervisors and attested by the County Auditor. It shall be unlawful except as hereinafter provided for any person, firm or corporation to install, erect, alter, repair, service, reset, replace thereto, as defined in the Plumbing Code, unless said person or some member of such firm or corporation shall first have obtained a Certificate of Competency or unless such person, firm or corporation has regularly and steadily in his/its employ a holder of such a Certificate of Competency, who shall be the authorized representative of the person, firm or corporation in all matters pertaining to this Ordinance. The authorized representative who is the holder of a Certificate of Competency may not apply for permits for more than one person, firm or corporation and the permit shall apply only to the type of work pertaining to the specific Certificate of Competency possessed by the Certificate of Competency holder. 4-4-14. UNLAWFUL TO WORK WITHOUT LICENSE, OR TO LEND OR BORROW LICENSE. A. It shall be unlawful for any person to work at the trade of plumbing in Black Hawk County unless such person possesses a valid journeyman plumber's license as provided in this Code, except that a plumber's apprentice may work with and under the direct supervision of a licensed journeyman-but at no time may such apprentice work alone at the trade of plumbing. B. It shall be unlawful for any person to lend that person's license, or to borrow the license of another person, nor shall any person offer to assume the responsibility of another person's work, when such person's work would require that person to be licensed under the provisions of this Code. 4-4-15. ADVERTISING. A. No person, firm, corporation or co-partnership shall advertise in any way that they possess the qualifications to engage in or carry on the plumbing trade or business in Black Hawk County, Iowa, unless they are a bona fide holder of a valid master plumber's license as provided in this Code. B. No person, firm, corporation or co-partnership shall use the word or words "plumbing, " "plumber, " or "plumbing repairs" in a manner to advertise or intimate that they are engaged in 82

the plumbing trade or business, unless they possess a valid master plumber's business license, as provided in this Code. C. Every person, firm or corporation who is not possessed of a valid master plumber's business license, shall use the words "retail only" and/or "wholesale only" in any advertisement of plumbing supplies offered for sale by them. 4-4-16. REVOCATION OF LICENSES. A master plumber, journeyman plumber or pipe layer's license or a certificate of competency may be revoked for cause by the Board, after a hearing by said Board, upon a written notice served upon the person in whose name said license or certificate is issued, not less than ten (10) days prior to the date of hearing, stating the time and place thereof and the grounds for such hearing. 4-4-17. APPRENTICE PLUMBER. The term "Apprentice plumber" shall include any person who, while learning the trade of plumbing, is assisting in the installation, alteration, or repair of plumbing and is actually with and in the presence of a licensed plumber. Fees for apprentice registration shall be five dollars ($5.00). After the initial registration and payment of the respective fee of $5.00, every apprentice shall register his/her name and address with the Board of Plumbing Examiners before the expiration date of December 31 of each year and be in receipt of a registration certificate. 4-4-18. LICENSE RENEWAL. A plumber's license shall be valid for a period of up to one (1) year and may be renewed annually on or before December 31st upon a payment of ten dollars ($10.00) for journeyman and twenty-five dollars ($25.00) for master's license. Such licenses are nontransferable and shall expire on the 31st day of December of each year. A holder of both master and journeyman licenses shall receive both for the twenty-five dollar ($25.00) fee. Any license not renewed prior to December 31 shall expire 30 calendar days thereafter, and shall not be renewed without examination, except on the recommendation of the board of plumbing examiners and appeals. If the board approves the renewal of the license without reexamination, the license shall be renewed after payment of a double fee. 4-4-19. RETIREMENT LICENSE. Persons licensed as provided in this Code may obtain a retirement license upon the timely filing of an application which indicates retirement from active participation in the plumbing trade and may or may not reside locally. A retirement license shall be in full force and effect upon a one-time renewal cost, good for the lifetime of the applicant. The holder of a retirement license may return to active license status without a required reexamination, upon payment of the yearly renewal fees incurred after the retirement license was granted. 4-4-20. MASTER PLUMBER'S CERTIFICATE OF INSURANCE. A Master Plumber's application shall be filed with the Black Hawk County Building Official (or a specified inter-governmental agency if so designated by the Black Hawk County Building Official) accompanied by proof of registration with the State of Iowa and a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of not less than Three Hundred Thousand Dollars ($300,000.00) combined single limit to any person and One Hundred Thousand Dollars ($100,000.00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming Black Hawk County, Iowa, and its employees (or the inter-governmental agency designated by the Black Hawk County Building Official) as additional insured as its interest may appear and conditioned upon the faithful performance of all duties required of such 83

contractor by any ordinances, rules and regulations of Black Hawk County, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the County (through the specified inter-governmental agency if so designated) harmless from any and all damages sustained by reason of neglect or incompetence on the part of such contractor, his/her agents and employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be re-filed on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Homeowners working on their principal residence shall be exempt from filing said Certificate. 4-4-21. PERSONS AUTHORIZED AND REPORTING. No person, firm or corporation other than those holding a master plumber or pipe layer's license issued by Plumbing Board, or such other master plumbers, not legally residents of Black Hawk County, Iowa, who have satisfied the Board of Plumbing Examiners as to their competence and have in place insurance as by this ordinance provided, shall tap any water or sewer mains, nor install any private building sewer, water service private sewage disposal plant or private water system; nor shall they make any connections, extension, replacement, removals or additions of any nature to the sanitary plumbing or water supply system or disconnect any fixture or change the sanitary or water pipe arrangement. In cases where the owner/occupant desires to do plumbing work in the owner's own residence, the owner shall appear before the Plumbing Inspector and show competency in the installations of plumbing systems. Upon such showing of competency and approval and payment of required fees, a plumbing permit shall be issued. Said permit authorizes owner, only, to do plumbing work in the dwelling or unit owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person shall perform all labor in connection therewith, and shall have the necessary inspections made, and comply with Code requirements. Definition. Private Building Sewer. 1. That part of the horizontal piping of a drainage system between the end of the building drain (two feet outside the building wall) and the public sewer. 2. Any private main or service starting two feet outside the building wall and extending to the public sewer main. Those persons, firms, or corporations who perform the function of water softener installers only and who do not perform any other plumbing work may install water softeners only provided that said person, firm, or corporation obtains the proper permits, prior to any work performed has in place insurance as by this ordinance provided, requests and has inspected by the Plumbing Inspector any installations, and pays any and all inspection fees. 4-4-22. APPLICATION FOR PERMIT. Work requiring permit or approval. No building or premises shall tap any water or sewer main or have installed any private building sewer, water service, private sewage disposal plant or private water system or have connections, extensions, replacements, removals or additions of any nature to the sanitary plumbing or water supply system or disconnection of any fixture or change in the plumbing system before notifying the 84

Plumbing Inspector or his/her assistant and securing a permit or authority to proceed with the work. All work within public right-of-way shall require that a permit be first obtained from the Office of the Black Hawk County Engineer. 4-4-23. INSTALLATION BY OWNER. The owner/occupant of any property within the geographical confines of this ordinance is not exempted from the plumbing requirements otherwise set out herein, including all necessary permits and inspections. 4-4-24. NOTIFICATION FOR INSPECTION. A. It shall be the duty of the permit holder to notify the inspector that his work is ready for inspection or test. All inspections require twenty-four (24) hour notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required, the plumber shall be required to notify the inspector when the necessary corrections are complete for re-inspection. If corrections are still required, the plumber shall make corrections, notify the inspector for re-inspection and pay a forty-two dollar ($42.00) re-inspection fee. D. If the inspector fails to appear within 24 hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made, but the plumber doing the work shall be required to file an affidavit with the Plumbing Inspector that the work was installed with the ordinance and permit, and that it was free from defects and that the required test had been made and the system was found free from leaks. 4-4-25. CHANGE IN USE OF PLUMBING SYSTEM. When a building or portion thereof is converted or remodeled for a use classification or occupancy which is different from the original use for which the plumbing system was designed, said existing system shall be exposed as necessary for a comprehensive inspection and shall be made to reasonably comply with the functional provisions of this code in the same manner as applicable to any existing plumbing system to which new plumbing is added. 4-4-26. APPLICABILITY OF ORDINANCE TO EXISTING BUILDINGS. If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent (50%) or more of the structure as determined by the authority having jurisdiction, the entire building shall conform to this code's requirements for new buildings. 4-4-27. UNIFORM PLUMBING CODE ADOPTED. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the plumbing code of Black Hawk County, Iowa, that certain plumbing code known as Uniform Plumbing Code, 1997 edition, including appendixes A, B, C, D, H and the installation standards as prepared by the International Association of Plumbing and Mechanical Officials, and any further regulations or requirements of the State Plumbing Code and the provisions of said plumbing code shall be controlling in the construction and maintenance of plumbing and in all other matters covered by said plumbing code within Black Hawk County, Iowa. 4-4-28. AMENDMENT TO UPC 102.3, VIOLATIONS AND PENALTIES. Section 102.3 of the Uniform Plumbing Code is amended by adding Section 102.3.3 as follows: 85

"102.3.3 County Infraction" 102.3.3.1 Any person, firm or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a County infraction and upon conviction thereof, shall be punished accordingly. If any plumbing work, including construction or repair, is performed within the County contrary to the provisions of this ordinance, it shall be deemed a County infraction and in addition to penalties described, shall be corrected in accordance with this ordinance. The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a County infraction pursuant to this ordinance or the Uniform Plumbing Code, is punishable by a fine of One Hundred Dollars ($100.00) for the first offense and Two Hundred Dollars ($200.00) for each subsequent offense.

102.3.3.2

102.3.3.3

4-4-29. AMENDMENT TO UPC 103.4, FEES. Section 103.4, Fees, is hereby repealed in its entirety; a new Section 103.4, Fees, is hereby enacted in lieu thereof as follows: "103.4 Fees" 103.4.1 Statements. Statements for inspection fees will be rendered by the building department on or about the first day of each month and shall be paid by the fifteenth day of the same month. If not paid on or before the prescribed date, permission to do work under the license granted shall be automatically canceled, no further inspections made until delinquent fees have been paid. Permit Fees. All plumbing permit fees shall be established by resolution of the Board of Supervisors. Fee Schedule. See table 1.1

103.4.2

103.4.2.3

4-4-30. AMENDMENT TO UPC 305, SEWERS REQUIRED. Section 305, Sewers Required, is amended by adding the following subsection thereto: "305.4. Public Systems available. A public water supply system and/or public sewer system shall be deemed available to premises used for human occupancy if the property on which the building is located is within one hundred (100) feet of the public water supply or sewer system, and a connection conforming to the standards set forth in this code shall be made thereto." 4-4-31. AMENDMENT TO UPC 603.3, SPECIFIC REQUIREMENTS. Section 603.3, Specific Requirements, is hereby amended by adding the following subsections: 603.3.16 603.3.17 Yard Hydrants to furnish water for human consumption are prohibited. Cross Connection Control-Containment Provisions. The purpose is to safeguard potable water supplies by preventing backflow into public water systems. 86

603.3.17.1 Definitions. The following definitions shall apply to Section 603.3.17 of the Black Hawk County Plumbing Code. For the purpose of this Section, these definitions supersede definitions given elsewhere in this code. 1. Administrative Authority. For the purpose of this section, the Administrative Authority shall be the Waterloo Water Works and Plumbing Division of the Waterloo Building Department 2. Approved backflow prevention assembly for containment. A backflow prevention assembly, which is listed by the University of Southern CaliforniaFoundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, "Double Check Valve Backflow Prevention Assemblies", or ANSI-AWWA Standard CSll-89, "Reduced-Pressure Principle Backflow-Prevention Assemblies" for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. 3. Approved backflow prevention assembly for containment in a fire protection system. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), and the requirement of the Fire Code and the Building Code of Black Hawk County, in addition to the requirements of paragraph a(3) .Devices sized smaller than 2 1/2" which have not been listed by Underwriters Laboratory (UL) and tested by Factory Mutual Research Corporation (FM) may be allowed if they meet the requirements of the Fire Code and the Building Code of Black Hawk County, Iowa. 4. Auxiliary water supply. Any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to a private well, pond, or river. 5. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. 6. Cross connection. Any actual or potential connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or tank, receptacle, equipment, or device, through which it may be possible for nonpotable, used, unclean, polluted, and contaminated water, or other substance, to enter into any part of such potable water system under any condition. 7. Customer. The owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner or operator of a private water system that has water service from a public water system. 8. Degree of hazard. The rating of a cross connection or water service which indicates if it has the potential to cause contamination or pollution.

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9. Double check valve backflow prevention assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, four properly located test cocks, and two isolation valves. 10. High hazard cross connection. A high hazard cross connection is a cross connection which may cause an impairment of the quality of the potable water by creating an actual hazard to the public health, through poisoning or through the spread of disease by sewage, industrial fluids, or waste. 11. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross-connection rather than at the water service entrance. 12. Low hazard cross connection. A low hazard cross connection is a cross connection which may cause an impairment of the quality of potable water to a degree which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use. 13. Multiple Family Residential Units. A multiple family resident unit shall mean a building designed to be used as residential occupancy for multiple family units, each having separate plumbing facilities and not more than two levels of occupancy. 14. Private owned customer water system piping. Water service line pipes and plumbing fixtures connected to the public water system of Black Hawk County which are extended to the customer's property and into the customer's building for service to the customer, regulatory control of which is defined in the County plumbing code and Waterloo Water Works regulations. 15. Reduced pressure principal backflow prevention assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, a different pressure relief valve, four properly located test cocks, and two isolation valves. 16. Registered backflow prevention assembly technician. A person who is registered by law to test or repair backflow prevention assemblies and report on the condition of those assemblies 17. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. 18. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property, or private water system or the act of providing potable water to a customer. 603.3.17.2 Administrative Authority. 1. For the purpose of Section 603.3.17 of the Black Hawk County Plumbing Code only, the Administrative Authority shall be the Waterloo Water Works and Plumbing Division of the Black Hawk County Building Department. 88

2. The Administrative Authority shall have the right to enter, with the consent of the customer or upon the basis of a suitable warrant issued by a court of appropriate jurisdiction, any property to inspect for possible cross-connections. 3. The Administrative Authority may approve training programs for backflow prevention assembly technicians and register backflow prevention assembly technicians who successfully complete an approved training program. 4. The Administrative Authority may collect fees for the administration of this program. Fees shall be established by resolution of the Board of Supervisors. 603.3.17.3 New Water Service. 1. Plans shall be submitted to the Administrative Authority to review on all new water services to determine size and degree of hazard. 2. The Administrative Authority shall determine if any type of backflow prevention assembly is required for containment based on the degree of hazard. 3. The Administrative Authority shall require, where necessary, the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 603.3.17.4 Existing Water Services. 1. Upgrades of existing water services shall be treated as new water services for the purpose of this section. 2. The Administrative Authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. 3. After publication of the standards, the Administrative Authority shall notify customers whose premises are classified as single family residential or multiple family residential, having five units or less and not more than two levels of occupancy, of the provisions of this ordinance and compliance therewith. 4. Within six (6) months after publication of the standards, customers whose premises are not classified as single family residential shall complete and return to the Administrative Authority a cross-connection hazard survey to be used to determine the type of containment device. 5. The Administrative Authority shall, on the basis of information received from customers or gathered through on-premise investigations or surveys, notify the customer that a method of backflow prevention is required. The customer shall prepare a written plan for review and approval by the Administrative Authority to install a device or devices for containment and/or isolation based on the degree of hazard.

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6. Within the time frame specified in writing by the Administrative Authority, the customer shall install a backflow prevention assembly as approved by the Administrative Authority 7. For existing water services; the Administrative Authority may inspect the premises to determine the degree of hazard. When the high hazard cross connections are found, the Administrative Authority shall, at its sole discretion. 7.1 develop a schedule of compliance which the customer shall follow or 7.2 terminate the water service until a backflow prevention assembly for containment required by the Administrative Authority has been installed. 8. Failure of the Administrative Authority to notify a customer that they are believed to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 603.3.17.5 Customer. 1. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premises starting at the point of service from the public potable water system. 2. The customer shall, at his or her own expense, cause installation, operation, testing, and maintenance of the backflow prevention assemblies required by the Administrative Authority. 3. The customer shall ensure the Administrative Authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) days after testing and/or repairs are completed. 4. In the event of a backflow incident, the customer shall immediately notify the local water supplier, the Waterloo Water Works. 603.3.17.6 Required Backflow Prevention Assemblies for Containment - Water Service. 1. An air gap or an approved reduced pressure principal backflow prevention assembly is required for water services having one or more cross connections which the Administrative Authority classifies as high hazard. 2. An approved double check valve assembly is required for water services having no high hazard cross connections but having one or more cross connections which the Administrative Authority has classified as low hazard. 3. Every water service that is required to install a backflow prevention assembly at point of entry will be required to follow Section 608.3 of the Uniform Plumbing Code at time of installation.

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4. Exception. Residential - Single family dwelling to be done by isolation unless specified by Administrative Authority. 603.3.17.7 Required Backflow Prevention Assemblies for Containment - Fire Protection Systems. 1. A reduced pressure principal backflow prevention assembly shall be installed on all new and existing fire protection systems that the Administrative Authority determines to have any of the following: 1.1 Direct connections from public water mains with an auxiliary water supply on or available to the premises for pumper connection. 1.2 Interconnections with auxiliary supplies such as reservoirs, rivers, ponds, wells, mills, or other industrial water systems. 1.3 Use of antifreezes or other additives in the fire protection system. 1.4 Combined industrial or domestic with high hazard and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. 1.5 Any other facility, connection, or condition which may cause contamination. 2. A double check valve assembly shall be required for all other fire protection systems. The double check valve shall be required on all new systems at the time of installation and on existing Systems at the time that they are upgraded. 3. Submittal of proposed backflow prevention devices to the Administrative Authority does not relieve the designer or sprinkler contractor of the responsibility of submitting plans, including backflow prevention devices, to the fire marshal for approval. 603.3.17.8 Registration of Backflow Prevention Assembly Technician. A Backflow Prevention Assembly Technician registered by the state of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. 603.3.17.9 Registered Backflow Prevention Assembly Technician Noncompliance. 1. The registration of a technician may be revoked or suspended for a period of up to two years for noncompliance with this ordinance. 2. Any of the following conditions constitute noncompliance: 2.1 Improper testing or repair of backflow prevention assemblies. 2.2 Improper reporting of the results of testing or of repairs made to backflow prevention assemblies. 91

2.3 Failure to meet registration requirements. 2.4 Related unethical practices. 603.3.17.10 Installation of Backflow Prevention Assemblies. 1. Installation of backflow prevention assemblies shall be made by a licensed and bonded plumbing contractor of Black Hawk County with proper permits. 2. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the Administrative Authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. 3. Reduced pressure principal backflow prevention assemblies shall be installed so as to be protected from flooding. 4. Reduced pressure principal backflow prevention assemblies shall not be installed in underground vaults or pits. 5. All backflow prevention assemblies shall be protected from freezing. Those devices used for seasonal services may be removed in lieu of being protected from freezing; however, the devices must be reinstalled and tested by a Registered Backflow Prevention Assembly Technician prior to service being reactivated. 6. If hot water is used within the water system thermal expansion shall be provided for when installing a backflow prevention assembly for containment. 7. Provisions shall be made to convey the discharge of water from reduced pressure principal backflow prevention assemblies to a suitable drain. 8. No backflow prevention assemblies shall be installed in a place where it would create a safety hazard, such as but not limited to over an electrical panel or above ceiling level. 9. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, another backflow prevention assembly, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. 10. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 603.17 of the Uniform Plumbing Code. 11. All shut-off valves conform to the current edition of the Manual of CrossConnection Control (University of Southern California) requirements for either ball or resilient seat gate valves at the time of installation. Ball valves shall be 92

used on assemblies installed in piping two inches and smaller and resilient seat gate valves on assemblies installed in piping larger than two inches. 603.3.17.11 Testing of Backflow Prevention Assemblies. 1. Testing of backflow prevention assemblies shall be performed by a registered backflow prevention assembly technician. The costs of test required in the following Paragraphs 2 through 5 shall be borne by the customer. 2. Backflow prevention assemblies shall be tested upon installation and tested and inspected at least annually. 3. Backflow prevention assemblies that are in place, but have been out of operation for more than three months, shall be tested before being put back into operation. Backflow prevention assemblies used in seasonal applications shall be tested before being put into operation each season. 4. Any backflow prevention assembly that fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. A registered backflow prevention assembly technician shall retest Backflow prevention assemblies immediately after repair or replacement. 5. The Administrative Authority may require backflow prevention assemblies to be tested at any time in addition to the annual testing requirement. 6. The registered backflow prevention assembly technician shall report the successful test of a backflow prevention assembly to the customer and to the Administrative Authority on the form provided by the Administrative Authority within fifteen (15) days of the test. 7. The Administrative Authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results 603.3.17.12 Repair of Backflow Prevention Assemblies. 1. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. 2. The registered backflow prevention assembly technician shall not change the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacement parts. 3. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly to the customer and to the Administrative Authority on the form provided by the Administrative Authority within fifteen 93

(15) days of the repair. replacement parts used.

The report shall include the list of materials or

4. Any time fire services are discontinued for a period of time longer than necessary to test the device, the tester is required to notify the fire marshal's office that the fire services are shut off for repairs. 603.3.17.13 Customer Noncompliance. The water service may be discontinued in the case of noncompliance with Section 603.3.17 of the Black Hawk County Plumbing Code. Noncompliance includes but is not limited to the following: 1. Refusal to allow the Administrative Authority access to the property to inspect for cross connections. 2. Removal of a backflow prevention assembly which has been required by the Administrative Authority. 3. Bypassing of a backflow prevention assembly, which has been required by the Administrative Authority. 4. Providing inadequate backflow prevention when cross connections exist. 5. Failure to install a backflow prevention assembly, which has been required by the Administrative Authority. 6. Failure to test and/or properly repair a backflow prevention assembly as required by the Administrative Authority. 7. Failure to comply with the requirements of this ordinance. 4-4-32. UPC 604, MATERIALS. Sections 604.1 and 604.2 of Section 604, Materials, are hereby repealed in their entirety; new Sections 604.1 and 604.2 are hereby enacted in lieu thereof as follows: 604.1 Water pipe and fittings shall be of brass, copper, cast iron, galvanized wrought iron, galvanized steel, or other approved materials. Cast iron fittings used for water need not be galvanized if over two (2) inches (51 mm) in size. Asbestos-cement, CPVC, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. CPVC water pipe and tubing may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. Copper tube for water piping shall have a weight of not less than Type L. EXCEPTION: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building or underground outside of structures.

604.2

4-4-33. AMENDMENT TO UPC 608, WATER PRESSURE, PRESSURE REGULATORS, AND PRESSURE RELIEF VALVES. Section 608.5 is hereby amended by adding the following sentence to the end of the section as follows: 94

608.5

The valve shall drain indirectly into a plumbing fixture, floor drain, sump pit or other approved point of discharge.

4-4-34. AMENDMENT TO UPC 701, MATERIALS. Section 701, is repealed in its entirety and the following inserted in lieu thereof. 701.0 701.1 Materials Drainage piping shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, Schedule 40 ABS DWV, Schedule 40 PVC DWV, extra strength vitrified clay pipe, or other approved materials having a smooth and uniform bore, except that: 701.1.1 Underground (slab) drainage pipe beginning 6" above the ground (slab) and extending to a point two feet (2') outside the building shall be cast iron or type "L" copper. No galvanized wrought iron, galvanized steel pipe, vitrified clay pipe or ABS and PVC DWV piping shall be used underground and shall be kept at least six inches (6") aboveground. 701.1.2 ABS and PVC DWV piping installations shall be limited to structures not exceeding three floors above grade. For the purpose of this subsection, the first floor of a building shall be that floor that has fifty (50) percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. 701.1.3 No vitrified clay pipe or fittings shall be used above ground or where pressurized by a pump or ejector. They shall be kept at least twelve (12) inches (305 mm) below ground. 701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper drainage tube type L 701.1.5 Copper tube for aboveground drainage and vent shall be of a weight not less than type M. 4-4-35. AMENDMENT TO UPC 703, SIZE OF DRAINAGE PIPING. Section 703, Size of Drainage Piping, is hereby amended by adding subsections 703.3 and 703.4 as follows: 703.3 703.4 All horizontal sink waste line under the basement floor to be 3 inches in size. In buildings a 3-inch basement floor drain shall be installed on the lowest floor and shall connect to sewer at least 5 feet from base of stack unless vented. No basement floor drain shall discharge to public sewer.

703.5

4-4-36. AMENDMENT TO UPC 707, CLEANOUTS. Section 707, Cleanouts, is hereby amended by adding new subsections 707.15, 707.16, and 707.17 as follows: 707.15 A cleanout shall be provided inside a building every 50 feet in developed length. 95

707.16 A cleanout shall be provided in each vertical waste or soil stack at a point 42 inches above the floor. 707.17 A cleanout shall be provided where a sanitary cross tee is used when practicable. 4-4-37. AMENDMENT TO UPC 710, DRAINAGE OF FIXTURES LOCATED BELOW THE NEXT UPSTREAM MANHOLE OR BELOW THE MAIN SEWER LEVEL. Section 710, Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer Level, is hereby amended by adding subsection 710.13, Prohibited Drainage, as follows: 710.13 Prohibited Drainage. Storm water, springs, or surface water shall not be drained into sewers intended for sanitary sewage only. 710.13.1 The drainage of storm water or ground water from yards, basements, roofs, cisterns, subsoil drains shall not be permitted to enter the sanitary sewer system, either directly or indirectly. 710.13.2 A sump pit and cover, of clay tile, concrete or other approved material shall be installed in the lowest floor level below grade, in each building thereafter erected in affected areas of Black Hawk County, Iowa. The sump shall not be less than 15 inches in diameter and 24 inches deep. The minimum depth of the sump shall be 12 inches below the bottom of the inlet pipe, and the top of the sump shall extend two inches (2") above the surrounding floor. 710.13.3 Subsoil drains must be installed in each building thereafter erected in Black Hawk County, Iowa. Said drains shall be placed under the cellar or basement floor, or crawl space so as to surround the outer wall of a building. They shall be made of open-jointed, horizontally split, perforated clay tile or perforated plastic pipe having a diameter of not less than four (4) inches. Such subsoil drains shall be pitched to drain into the floor sump and connected thereto. 710.13.4 Each sump shall be fitted with an approved pump and discharge pipe, which shall discharge/drain into the storm sewer system. Where a public storm sewer is not available, the subsoil drainage shall discharge outside the building so that it shall not return to the building or cause a nuisance to adjacent property EXCEPTION: The sump pump and piping need not be installed in a building sump which is permanently dry and where there is a permanent absence of surface water, ground water, springs, or subsoil water, as determined by the Administrative Authority. 4-4-38. AMENDMENT TO UPC 712, TESTING. Section 712, Testing, is hereby amended by adding subsection 712.5 as follows: 712.5 For a garage or any part of a garage the same tests and inspection of the plumbing and drainage system thereof shall be made as in the case of an ordinary dwelling.

4-4-39. AMENDMENT TO UPC 713, SEWER REQUIRED. Section 713, Sewer Required, is hereby amended by adding subsections 713.7 and 713.8 as follows: 96

713.7

713.8

Old house sewers and drains may be used in connection with new building or new plumbing only when they are found, on examination and inspection, to conform in all respects to the requirements governing new house sewers. The house sewer shall be inspected by the Administrative Authority at the junction with the public sewer.

4-4-40. AMENDMENT TO UPC 715, BUILDING SEWER MATERIALS. Section 715, Building Sewer Materials, is hereby repealed in its entirety; and new Section 715 is hereby enacted in lieu thereof as follows: 715.1 The building sewer, beginning two (2) feet from any building or structure, shall be schedule 40 PVC, PVC SDR 23.5, cast or ductile iron soil pipe. All PVC pipe installations shall follow these installation conditions. 715.2.1 Installations allowed only when contractor can provide a firm/stable base. 715.2.2 Pipe size 4" and 6" only. 715.2.3 Pipe installations shall have a minimum of 4" of aggregate bedding material. Initial back fill shall encompass the pipe with a minimum of 4" on each side and include a minimum of 4" cover and shall be aggregate material. Aggregate shall be three-eighth inch (3/8") to one inch (1") stone, either washed or unwashed. 715.2.4 No covering of pipe shall occur without the permission of the Plumbing Inspector. 715.2.5 When connection between dissimilar materials are made, the connection shall be an approved type of fitting and adapters designed for the specific transition intended. 4-4-41. AMENDMENT TO UPC 717, SIZE OF BUILDING SEWERS. Section 717, Size of Building Sewers, is hereby amended by adding the last sentence thereto as follows: 717.0 Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 7-8. No building sewer shall be smaller than the building drain. Minimum size of a building sewer is four (4) inches.

715.2

4-4-42. AMENDMENT TO UPC 903, MATERIALS. Section 903, Materials, is amended by repealing subsections 903.1.1 and 903.1.2; and enacting in lieu thereof new subsections 903.1.1, 903.1.2, and 903.1.3 as follows: 903.1.1 No galvanized wrought iron, galvanized steel pipe or plastic DWV shall be used underground and shall be kept at least six inches (6") aboveground. 4-4-43. AMENDMENT TO UPC 904, SIZE OF VENTS. Section 904, Size of Vents, is amended by adding subsection 904.3 as follows: 97

904.3

Main vent shall be minimum of three inches (3")

4-4-44. AMENDMENT TO UPC 905, VENT PIPE GRADES AND CONNECTIONS. Section 905, Vent Pipe Grades and Connections, is amended by adding subsection 905.7 as follows: 905.7 No vertical vent terminating through roof shall have more than 45 degrees offset. All buildings that have basements shall be provided with two inches (2") future vent to serve this area.

4-4-45. AMENDMENT TO UPC 906, VENT TERMINATION. Section 906, Vent termination, is hereby amended by repealing Subsection 906.7, Frost or Snow Closure, in its entirety; and by enacting in lieu thereof a new Subsection 906.7, Frost or Snow Closure, as follows: 906.7 Frost or Snow Closure. Where frost or snow closure is likely to occur, vent terminals shall be minimum three inches (3") in diameter but in no case smaller than the required pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and terminate not less than 12 inches above roof.

4-4-46. AMENDMENT TO UPC 1007, TRAP SEAL PROTECTION. Section 1007, Trap Seal Protection, is amended by adding the following sentence thereto: 1007.0 Trap Seal Protection. All automatic floor drain primers or trap seal valves are prohibited. 4-4-47. AMENDMENT TO UPC 1008, INDUSTRIAL INTERCEPTORS (CLARIFIERS) AND SEPARATORS. Section 1008, Industrial Interceptors (Clarifiers) and Separators, is hereby repealed in its entirety; that a new Section 1008, Industrial Interceptors (Clarifiers) and Separators, is hereby enacted in lieu thereof as follows: 1008.0 Industrial Interceptors (Clarifiers) and Separators. 1008.1 Drainage from commercial garages, gasoline filling stations, dry cleaning establishments, oil extraction plants, and other industries where oils or solvents are used, is likely to contain inflammable compound, which shall therefore be intercepted before discharging into the public sewer. The interceptor shall have a capacity sufficient to separate the oil, grease, or other inflammable compound and shall be so located and constructed to prevent fire or explosion. Drainage from commercial garages and oil stations where automobile wash racks are installed is also likely to contain mud and sand which shall be separated from the wastes before discharging into the public sewer. Hence, the interceptor for these wastes shall afford sufficient capacity for both separating the oils and grease by flotation and the sand and mud by settling. 1008.2 Where the wastes do not contain sand, mud or other solid material and inflammable compounds only are to be separated, the interceptor shall have a minimum capacity of 15 cubic feet with a minimum effective depth of 3 feet; and shall be provided with a vent and manhole with tightly fitting cover. 1008.3 For drainage from commercial garages or other places where wastes are likely to contain sand, mud, or other solid material in addition to oil, grease, or other inflammable compounds, a minimum capacity of 50 cubic feet, with a minimum effective depth of 3 feet, shall be provided and a vent and manhole with tightly fitting cover shall be installed. 98

1008.4 All interceptors shall be cleaned periodically. 1008.5 Interceptors shall be built of poured concrete with floors and walls not less than 5 inches thick. Covers shall be of poured, reinforced concrete not less than 5 inches thick. 1008.6 Subsections 1008.1 through 1008.5 of this section shall apply except for manufactured or prefabricated concrete interceptors that comply with approved applicable standards. See "Exhibit A. Commercial Mud Trap". 1008.7 For details, see diagram marked "Exhibit B. Mud Trap or Inflammable Waste Interceptors". 4-4-48. AMENDMENT TO UPC 1012, GREASE INTERCEPTORS FOR COMMERCIAL KITCHENS. Section 1012, Grease Interceptors for Commercial Kitchens, is amended by adding the following subsections: 1012.1 Any licensed food establishment shall install and maintain an outside interceptor and shall have all kitchen equipment discharge through such interceptor. The drawing marked "Exhibit C. Commercial Kitchen Grease Interceptor" is the recommended method of installing an outside interceptor. 1012.2 These interceptors shall be not less than two compartments with fittings designed for grease retention. The inlet, outlet and compartment fitting shall be of the elbow type design with the vertical lead extending to within 12 inches of the interceptor floor. The fitting shall not be less than 4 inches or the size of the building sewer, whichever is greater. 1012.3 The vent opening above the fittings shall allow the interceptor and sewer to vent back to the building vents, thus no vent is required on the outlet end of the interceptor. A clean out is required on the outlet line, outside the tank. 4-4-49. ADDING TO UPC: 1014, RESIDENTIAL GARAGE INTERCEPTOR. Section 1014, Residential Garage Interceptor, is hereby added as follows: 1014.0 Residential Garage Interceptor. If a drain is installed in a residential garage, an interceptor shall be required. See "Exhibit D. Residential Garage Interceptor". 4-4-50. PLUMBING PERMIT FEES SCHEDULE. Permit Fees. Fees will be charged for new installation, replacement of old with new, or change of location and in case of plumbing fixtures, for the removal of it, as follows:

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Sewer Connection at Main/or Continuation thereof ....................................... 15.00 Sewer Cut-offs .................................................................................................. 5.00 Sewer Stubs "New Subdivision" .................................................................... 15.00 Sewer Stubs "Paving Programs"..................................................................... 15.00 Sewer Replacements/Repairs.......................................................................... 15.00 Sewer-Mobile Home Courts .......................................................................... 15.00 Septic Tank ..................................................................................................... 40.00 Septic Tank, Abandoned................................................................................. 15.00 Each Fixture of Trap Opening .......................................................................... 7.00 Each Water Heater ............................................................................................ 7.00 Each Change from Private Well to City Water............................................... 10.00 Garage Mud Sump "Commercial".................................................................. 15.00 Outside Grease Interceptor ............................................................................. 15.00 Each Water or Waste Using Appliance............................................................. 7.00 Each Backflow Protection Device .................................................................... 7.00 Each Backwater Valve...................................................................................... 7.00 Reconstruction or Alteration of Drains, Stacks or Vents.................................. 7.00 Reconstruction or Alteration of Water Piping .................................................. 7.00 Each Roof Drain ............................................................................................... 7.00 Each Water Softener/Conditioner, any type ..................................................... 7.00 Sewage Ejector "Commercial" ....................................................................... 15.00 Sewage Ejector "Residential" ......................................................................... 10.00 Re-inspection Fee ........................................................................................... 20.00

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EXHIBIT "A"

The following drawing is an approved type of manufactured or prefabricated concrete interceptor. Mud trap sidewalls and floor are reinforced with #3 rebar: sidewalls and the compartment divider are 2 1/2" thick; the floor of the mud trap is 3".

The lid is reinforced with over 20' of #4 rebar, and is 5" thick.

Capacity of the mud trap is a nominal 625 gallons; if capacity is calculated at a conservative 500 gallons, the volume of the inlet compartment is still .9 cubic yards, and the outflow compartment has a volume of 1.8 cubic yards.

MUD TRAP OR INFLAMMABLE WASTE INTERCEPTOR

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EXHIBIT "B"

24" RING AND COVER ON EACH UNIT FOR Cleaning PURPOSES

MUD TRAP OR INFLAMMABLE WASTE INTERCEPTOR

Note: Dimensions shown are suggested only. Alternate dimensions for compartments may be used to maintain the same proportion. 102

EXHIBIT "C" RECOMMENDED COMMERCIAL KITCHEN GREASE INTERCEPTOR

The Black Hawk County Plumbing Code requires that these interceptors be not less than two compartments with fittings designed for grease retention. The inlet, outlet, and compartment fitting should be of the elbow type design with the vertical leg extending to within 12 inches of the interceptor floor. The fittings shall not be less than 4 inches or the size of the building sewer, whichever is greater. A clean out is required on the outlet line, outside the tank.

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EXHIBIT "D" The drawing below is the recommended method of installing a drain in a residential garage. No dimensions are shown, just the required 1 cubic foot per each compartment. Also the outlet of such a drain must be vented.

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TITLE IV PUBLIC WORKS CHAPTER 5 ­ REGULATING PUBLIC AND PRIVATE SEWERS, WASHBURN (Ordinance No. 47)

4-5-1 4-5-2 4-5-3 4-5-4

Definitions Use of Public Sewers Required Private Sewerage Disposal Building Sewers and Connections

4-5-5 4-5-6 4-5-7 4-5-8

Use of the Public Sewers Protection from Damage Powers and Authority of Inspectors Penalties

4-5-1. DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: A. "Applicant" shall mean a person or persons applying for sewer service as owner, agent for owner, or tenant of property in the District. B. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. C. "Board of Supervisors" shall mean the Board of Supervisors of the County of Black Hawk, State of Iowa. D. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. E. "Building Sewer" shall mean the extension from the building drain to the public grinder pumping station or other place of disposal. F. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. G. "County" shall mean the government of Black Hawk County, a political subdivision of the State of Iowa. H. "County Engineer" shall mean the Professional Engineer appointed by the Board of Supervisors to the position of County Engineer of Black Hawk County. I. "County Sanitarian" shall mean the person authorized by the Board of Supervisors or County Board of Health to inspect and license private sewage disposal systems within the County. "Customer" shall mean a person or persons who make application for sewer service for which service charges are incurred.

J.

K. "District" shall mean the area served by the Washburn Area Sanitary Sewerage System, Black Hawk County, Iowa, as legally described in Exhibit "A" attached hereto.

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L. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. M. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. N. "Licensed Plumber" shall mean plumbers licensed by the City of Waterloo, Iowa, to perform plumbing services in the City of Waterloo, Iowa. O. "May" is permissive. P. "Meter" shall mean a mechanical device used to measure water quantity Q "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. R. "Owner" shall mean the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts. S. "Person" shall mean any individual, firm, company, association, society, corporation or group. T. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. U. "Plumbing Inspector" shall mean the person or other entity authorized by the Board of Supervisors to inspect Building Drains and Building Sewers connected to the Public Sewer, or his/her authorized representative. V. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. W. "Public Sewer" shall mean a sewer, which is owned and controlled by Black Hawk County. X. "Sanitary Sewer" shall mean a sewer, which carries sewage, and to which storm, surface and ground waters are not intentionally admitted. Y. "Service Charge" shall mean charges to customers as authorized by the Black Hawk County Board of Supervisors in Ordinance No.48 and as may, from time to time, be amended. Z. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. AA.Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. BB. "Sewage Works" shall mean all facilities for collecting, pumping, transporting, treating and disposing of sewage.

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CC. "Sewer" shall mean a pipe or conduit for conveying sewage. DD. "Sewer User" shall mean each separate residential, governmental or commercial unit used for human occupancy, employment, recreation or other purposes that generates sewage that is conveyed and treated by the Washburn Area Sanitary Sewerage System. Buildings having more than one such unit shall be considered as having the same number of "sewer users" as the number of individual units. Thus, a duplex has two "sewer users", a 4-plex has four (4) sewer users, etc. EE. "Shall" is mandatory. FF. "Slug" shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than four (4) times the average twenty-four (24) hour concentration or flows during normal operation. GG. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer, which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. HH. "Superintendent" shall mean the Superintendent of the Washburn Area Sanitary Sewerage System of Black Hawk County, Iowa, or his authorized deputy agent or representative, said Superintendent to be properly licensed by the State of Iowa and authorized by the Board of Supervisors to operate the Washburn Area Sanitary Sewerage System. II. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. JJ. "Washburn Area Sanitary Sewerage System" shall mean the Sewage Works for all facilities for collecting, pumping, transporting, treating and disposing of sewage collected within the District. KK."Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. LL."Waterloo" shall mean the government of Waterloo, Iowa, a political subdivision of the State of Iowa, located in Black Hawk County. MM."Waterloo Water Works" shall mean the City of Waterloo Water Works administered by a Board of Trustees according to the Code of Iowa, Chapter 388. 4-5-2. USE OF PUBLIC SEWERS REQUIRED. A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the District, any human or animal excrement, garbage or other objectionable waste. B. It shall be unlawful to discharge to any natural outlet within the District, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

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C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the District and abutting on any street, alley or rightof-way in which there is now located, or may in the future be located, a public sanitary sewer in the District, is hereby required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within sixty (60) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. Billing for sanitary sewer service will begin sixty (60) days after the date of official notice to connect to the public sewer issued by the Black Hawk County Board of Supervisors. E. All owners or applicants requesting connection of new or proposed buildings to the public sewer shall apply to the Board of Supervisors for permission to make such connection. The Board of Supervisors may approve such connections if the public sewer and the Washburn Area Sanitary Sewerage System is determined by the Board or their representative(s) to have sufficient reserve capacity to accept the additional sewage and after the owners or applicants pay the fees outlined in the Washburn Area Sanitary Sewerage System Rate Title IV, Chapter 6. 4-5-3. PRIVATE SEWAGE DISPOSAL. A. Where a public sanitary sewer is not available under the provisions of Section 4-5-2 D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. B. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the County Sanitarian. The application for such permit shall be made on a form furnished by the County, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the County Sanitarian. A permit and inspection fee shall be paid to the County, at the time the application is filed in such amount as required by the County Sanitarian. C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the County Sanitarian. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the County Sanitarian when the work is ready for final inspection, and before any underground portions are covered. D. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Iowa Department of Natural Resources and the Black Hawk County Board of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 4-5-3 D, a direct connection shall be made to the public sewer in compliance with this ordinance.

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F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the County. G. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Sanitarian. H. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days. 4-5-4. BUILDING SEWERS AND CONNECTIONS. A. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. B. There shall be one (1) class of building sewer permits for residential and commercial service. The owner or his agent shall make application on a special form furnished by the Plumbing Inspector. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Plumbing Inspector. A permit and inspection fee as required by the Plumbing Inspector for a residential or commercial building sewer permit, shall be paid to the Plumbing Inspector at the time the application is filed. C. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the County from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall operate and maintain the building sewer in a sanitary manner at all times, at no expense to the county. D. A separate and independent building sewer shall be provided for every building. E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test as required by the Plumbing Inspector, to meet all requirements of this ordinance. F. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the County. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. G. No person shall make connection of roof downspouts, sump pumps, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer. H. The connection of the building into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the County. All such connections shall be made gas-tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.

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I.

The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Plumbing Inspector or his representative. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County Engineer. Excavations within the County's Public Property require a utility excavation permit from the County Engineer, prior to excavation.

J.

4-5-5. USE OF THE PUBLIC SEWERS. A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains and sump pump discharges, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. B. Storm water, cooling water and all other unpolluted drainage shall not be discharged to the public sanitary sewer. C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers: 1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or any lubricating oil and/or grease or strong chemicals. 2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any pumping, sewage conveyance or sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer. 3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. 4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, pumping stations, force mains or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, gravel, stone, seafood shells, mud, straw, shavings, metal, glass, rags, diapers, socks, cloth, sanitary napkins, tampons, feathers, tar, plastics, wood, un-ground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. 5. Any waters or wastes having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than one (1) percent of the average sewage flow of the District, or as otherwise required by the Superintendent, shall be subject to review of the Superintendent. Where necessary, in the opinion of the

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Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing. D. No person shall discharge or cause to be discharged, the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the Superintendent, that such wastes can harm either the sewers, pumps, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the pumps and sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are: 1. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°)F sixty-five degrees (65°)C. 2. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty degrees (150°)F zero and sixtyfive degrees (0 and 65°)C. 3. Any garbage that has not been property shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent. 4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. 5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials. 6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. 7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations. 8. Any waters or wastes having a pH in excess of 9.5. 9. Materials which exert or cause:

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a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. 10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewers, pumps, sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: 1. Reject the wastes, 2. Require pretreatment to an acceptable condition for discharge to the public sewers, 3. Require control over the quantities and rates of discharge, and/or 4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charged under the provisions of Section 10 of this article. 5. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances, and laws. F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

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H. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurements of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with the plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hr. composites of all outfalls whereas pH's are determined from periodic grab samples). No statement contained in this article shall be construed as preventing any special agreement or arrangement between the County and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment, subject to payment therefore, by the industrial concern.

J.

4-5-6. PROTECTION FROM DAMAGE. A. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest and prosecution. 4-5-7. POWERS AND AUTHORITY OF INSPECTORS. A. The Superintendent and duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. In the case of industrial users, the Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B. While performing the necessary work on private properties referred to in Article VII, Section 1 above, the Superintendent or duly authorized employees of the County shall observe all safety rules applicable to the premises and the owner of said premises shall be held harmless for injury or death to the County employees and the County shall indemnify the company against loss or damage to its property by the Superintendent and County employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in Section 4-5-5 H.

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C. The Superintendent and duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all private properties through which the County holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 4-5-8. PENALTIES. A. Any person found to be violating any provision of this ordinance except Section 4-5-5 shall be served by the County with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall continue any violation beyond the time limit provided for in Section 4-5-7 A, shall be guilty of a County infraction under Iowa Code Section 331.307, and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500) for each violation or not more than seven hundred fifty dollars ($750) for each repeat offense. Each day in which any such violation shall continue shall be deemed a separate offense. C. Any person violating any of the provisions of this ordinance shall become liable to the County for any expense, loss, or damage occasioned the County by reason of such violation.

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TITLE IV. PUBLIC WORKS CHAPTER 6 ­ SANITARY SEWER SYSTEM RATES AND CHARGES FOR USE AND SERVICE, WASHBURN (Ordinance No. 48) 4-6-1 4-6-2 Definitions Sanitary Sewer Rates

4-6-1. DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be the same as those adopted in the Black Hawk County Plumbing Code, Title IV Chapter 4 (Ordinance Number 47), as the same may from time to time be amended, which definitions are hereby included in this Ordinance and made a part hereof by this reference. 4-6-2. SANITARY SEWER RATES. A. Service Charges. There shall be and there are hereby-established sanitary sewer service charges for the use of and for the service supplied by the Washburn Sanitary Sewer Service Area, Black Hawk County, (the "District"). B. Rates And Service. All customers shall pay a service charge as hereinafter provided: The monthly service charge fee shall be made up of two parts: 1. Part 1 being the capital fee. All property owners whose public sewer is within one hundred (100) feet of the property line shall have an option of making a payment determined by the Waterloo Water Works at the time of the payment, as a pro-rata share of the capital fee for the indebtedness incurred by the County through its issuance of its 1999 General Obligation Capital Loan Notes for the construction of a sanitary sewer system. Those not choosing to make the prepayment shall pay said capital fee amount in monthly installments of $29.93 per building, per month, until June 1, 2019, or such time as the 1999 Obligations are paid in full. This monthly capital fee amount of $29.93 was determined by dividing the debt service (principal and interest = $2,097,637.29) by the number of years of the bond issue (20 years) and further divided by 12 to get a monthly rate, which is then divided by the number of users who did not prepay their capital cost (292). 2. Part 2 shall be for operation and maintenance, presently estimated at $7.20 per sewer user per month. C. New Sewer User Connections And Future Development. New sewer user connections not requiring additional pumps, piping, sewers or other facilities for collecting or transporting sewage shall be required to pay the Part 1 lump sum capital fee of $4,500.00 per building as a hook-on fee, plus the Part 2 operation and maintenance fee for each sewer user as provided in Section 4-62. New sewer user connections requiring additional pumps, piping, sewers or other facilities for collecting or transporting sewage shall be required to pay the Part 1 lump sum capital fee of $4,500.00 per building as a hook-on fee, plus all costs for installation of such additional facilities, plus the Part 2 operation and maintenance fee for each sewer user as provided in Section 4-6-2 D. Billing For Sewer Service. It is hereby made the duty of the Waterloo Water Works Board of Trustees, as designated by the Board of Supervisors, to render bills for sewer usage and service

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and all other charges in connection therewith and to collect all moneys due there from pursuant to the agreement entered into by and between the County and the Waterloo Water Works Board of Trustees. If any bills have not been paid by the eighteenth (18th) day after the date of issue, a delayed payment charge of five percent (5%) of the amount of the bill shall be added to each delinquent bill. E. Service Discontinued. Sewer service to delinquent customers may be discontinued in accordance with the following: 1. Notice. Any bills not paid on or before the eighteenth (18th) day after the date of issuance shall be deemed delinquent and the Waterloo Water Works Board of Trustees shall serve on the customer a written notice of said delinquency, which shall serve as final notice of payment to be due within an additional ten (10) days. The notice shall be served by mail. 2. Service discontinued. If the sewer bill has not been paid after the final notice, sewer service to the customer may be discontinued without further notice beyond Sec. 4-6-2 B. 3. Fees. A charge to the sewer user based on actual costs will be made for disconnection and reconnection of sewer service but the 4. re-connection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the Waterloo Water Works Board of Trustees have been paid in cash at the business office of the Waterloo Water Works Board of Trustees unless the delinquency has been assessed as a tax in accordance with Section 4-6-2 F. F. Lien For Nonpayment. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sanitary sewer service charges to the premises. Sanitary sewer service charges remaining unpaid and delinquent after sixty (60) days shall constitute a lien upon the premises served and the Board of Supervisors shall instruct the County Auditor to certify such lien to the County Treasurer for collection in the same manner as property taxes. Notice of the lien shall be sent to the appropriate persons by certified mail not less than ten (10) days prior to certification of the lien to the County Treasurer. G. Customer Deposits. There shall be required from every sewer user that is not the owner of the premises served a One Hundred Dollar ($100) deposit to cover the estimated cost of commencing and terminating service, and to guarantee the payment of the final bill. H. Sanitary Sewer Revenue Fund. Except as provided in the agreement between the County and the Waterloo Water Works Board of Trustees, all revenues and monies derived from the operation of the sewer system shall be paid to and held by the County separate and apart from all other funds of the County and all of said sums and all other funds and monies incident to the operation of said system, as may be delivered to the County, shall be deposited in a separate fund designated the "Rural Sewer Fund", and the County shall administer said fund in the manner provided by the Code of Iowa and other laws pertaining thereto.

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I.

Accounts And Auditing. The County shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the sewer system and at regular intervals the County shall cause to be made an audit by an independent audit concern or the State of Iowa of the books to show the receipts and disbursements of the sewer system. If necessary, service charges and rates will be adjusted to produce adequate income to retire the indebtedness, meet the operation, maintenance and replacement needs and establish required reserves.

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